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

    S. 6609--A                                            A. 9709--A

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

                            January 19, 2010
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to authorize funding for the Consolidated Local Street and High-
  way Improvement Program (CHIPS)  and  Marchiselli  program  for  state
  fiscal year 2010-2011 (Part A); to amend the highway law and the state
  finance  law, in relation to modifying the distribution of funds (Part
  B); to amend the environmental conservation law, in  relation  to  the
  diesel  emissions  reduction  act  (Part  C); to amend the tax law, in
  relation to mortgage recording tax exemptions  granted  by  industrial
  development  agencies  (Part  D);  to amend chapter 279 of the laws of
  1998 amending the transportation law relating to enabling the  commis-
  sioner of transportation to establish a single audit pilot program, in
  relation  to  extending  such provisions (Part E); to amend the public
  authorities law, in relation to the ownership status of transit facil-
  ities (Part F); to amend the insurance law, in relation  to  extending
  owner  controlled insurance programs in certain instances (Part G); to
  amend the public authorities law, in relation to permitting the  NYCTA
  and  the  MTA to conduct pilot programs to purchase procurements using
  electronic bidding and related reverse auction technology; and provid-
  ing for the repeal of such  provisions  upon  the  expiration  thereof
  (Part  H); to amend the public authorities law, in relation to limited
  liability for specified forms of conduct (Part I); to amend the  vehi-
  cle  and  traffic  law, in relation to motor vehicle accident reports;
  and to repeal certain provisions of such law  relating  thereto  (Part
  J);  to  amend the vehicle and traffic law, in relation to the mailing
  of suspension and revocation orders (Part  K);  to  amend  the  public
  authorities  law,  in relation to the elimination of the department of
  economic development and the New York state urban  development  corpo-
  ration  and  consolidation  of their affairs into, and the transfer of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12673-03-0

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  their powers and functions to, the New York job development  authority
  to be renamed the New York state job development corporation (Part L);
  to  amend  chapter  57  of the laws of 2005 amending the labor law and
  other  laws implementing the state fiscal plan for the 2005-2006 state
  fiscal year, relating to New  York  state  higher  education  matching
  grant  program for independent colleges, in relation to the effective-
  ness thereof (Part M); to amend the New York state  urban  development
  corporation  act,  in  relation to creating a small business revolving
  loan fund (Part N); to amend the  New  York  state  urban  development
  corporation  act, in relation to creating the new technology seed fund
  (Part O); to amend chapter 393 of the laws of 1994, amending  the  New
  York state urban development corporation act relating to the powers of
  the  New  York  state  urban development corporation to make loans, in
  relation to the effectiveness thereof (Part P);  authorizing  the  New
  York  state  urban  development  corporation  to make contributions to
  various projects from excess funds received from the port authority of
  New York and New Jersey (Part Q); to  amend  the  racing,  pari-mutuel
  wagering  and  breeding  law, in relation to equine drug testing (Part
  R); to amend the state finance law, in relation  to  the  transfer  of
  tribal  compact  revenue  to  the  general fund (Part S); to amend the
  agriculture and markets law, the  general  municipal  law,  the  state
  finance  law, the vehicle and traffic law, and chapter 115 of the laws
  1894 relating to the better protection of lost  and  strayed  animals,
  and  for  securing  the  rights  of owners thereof, in relation to the
  licensing, identification and control of dogs; and to  repeal  certain
  provisions  of  the agriculture and markets law relating thereto (Part
  T); to amend the education law, in relation to authorizing state agen-
  cies to enter into memoranda of understanding with Cornell  University
  to  procure  services  and technical assistance (Part U); to authorize
  the department of health to finance certain activities  with  revenues
  generated  from  an assessment on cable television companies (Part V);
  to amend chapter 912 of the laws of 1920 relating to the regulation of
  boxing, sparring and wrestling, in relation to establishing  protocols
  for professional mixed martial arts events in this state; to amend the
  tax  law, in relation to the imposition of a tax on the gross receipts
  of any person holding any professional or amateur boxing, sparring  or
  wrestling  match  or  exhibition,  or  professional mixed martial arts
  match or exhibition; and providing for the repeal of  such  provisions
  upon  expiration  thereof (Part W); to amend chapter 21 of the laws of
  2003, amending the executive law relating to permitting the  secretary
  of state to provide special handling for all documents filed or issued
  by  the  division  of  corporations and to permit additional levels of
  such expedited service, in relation to extending such provisions (Part
  X); to amend the executive law, in relation to the community  services
  block  grant  program and to amend chapter 728 of the laws of 1982 and
  chapter 710 of the laws of 1983 amending the executive law relating to
  the community services block grant program, in relation  to  extending
  such program for one year (Part Y); to amend the not-for-profit corpo-
  ration law, in relation to the classification of type C not-for-profit
  corporations  (Part  Z);  to  amend  the  public  authorities  law, in
  relation to including the New York  city  housing  development  corpo-
  ration  under  the  state bond issuance charge (Part AA); to authorize
  and direct the New York State energy research and development authori-
  ty to make a payment to the general fund of up to $913,000 (Part  BB);
  to  authorize  the  New  York  state  energy  research and development
  authority to finance a portion of its research, development and demon-

S. 6609--A                          3                         A. 9709--A

  stration and policy and planning programs from assessments on gas  and
  electric  corporations (Part CC); to amend the environmental conserva-
  tion law and the state finance law, in relation to waste tire  manage-
  ment  and recycling fees (Part DD); to amend the environmental conser-
  vation law and the state finance law, in relation  to  publication  of
  certain  notices,  eliminating  certain  boards and reporting require-
  ments, streamlining certain statutory requirements, and to provide for
  mutual aid and assistance between New York state and any  state  which
  is  party to another regional forest fire protection compact; to amend
  the environmental conservation law, relating to sales of products from
  reforestation areas; to repeal subdivision 11 of  section  9-1103  and
  subdivision 5 of section 9-1105 of the environmental conservation law,
  relating to permits for open burning; and to repeal certain provisions
  of  the  environmental  conservation  law  relating  to reports of the
  department of environmental conservation (Part EE); to amend  the  tax
  law, in relation to real estate transfer tax revenue deposits into the
  environmental  protection fund (Part FF); to amend the navigation law,
  in relation to the authorized reimbursement rate paid to  governmental
  entities  (Part GG); to amend the parks, recreation and historic pres-
  ervation law, in relation to expanding the usage of funds in the snow-
  mobile trail development and maintenance fund (Part HH); to amend  the
  vehicle  and  traffic  law and the public officers law, in relation to
  establishing a bus lane photo device demonstration program to restrict
  the use of bus lanes by means of bus lane photo devices; and providing
  for the repeal of such provisions upon expiration thereof  (Part  II);
  in  relation  to  transferring powers and duties of the Genesee valley
  regional market authority to the  New  York  state  urban  development
  corporation; and to repeal title 4 of article 4 of the public authori-
  ties  law,  relating  to  the Genesee valley regional market authority
  (Part JJ); and relating to a temporary suspension  of  the  enrollment
  cap  associated with the Healthy New York health insurance program and
  providing for the repeal of such provisions  upon  expiration  thereof
  (Part KK)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2010-2011
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through KK. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1.  The sum of four hundred two million seven hundred ninety-
seven thousand dollars ($402,797,000), or so much thereof  as  shall  be
necessary, and in addition to amounts previously appropriated by law, is
hereby  made  available, in accordance with subdivision 1 of section 380

S. 6609--A                          4                         A. 9709--A

of the public authorities law as amended,  according  to  the  following
schedule.  Payments pursuant to subdivision (a) of this section shall be
made  available  as  moneys become available for such payments. Payments
pursuant  to  subdivisions  (b)  and  (c)  of this section shall be made
available on the fifteenth day of June, September, December and March or
as soon thereafter as moneys become  available  for  such  payments.  No
moneys  of  the state in the state treasury or any of its funds shall be
available for payments pursuant to this section:
                                SCHEDULE
  (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
1991, as amended. The department of transportation  shall  provide  such
information  to  the  municipalities as may be necessary to maintain the
federal tax exempt status of any  bonds,  notes,  or  other  obligations
issued  by  such  municipalities to provide for the non-federal share of
the cost of projects pursuant to chapter 330 of  the  laws  of  1991  or
section 80-b of the highway law.
  The  program  authorized  pursuant to section 15 of chapter 329 of the
laws of 1991, as added by section 9 of chapter 330 of the laws of  1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year        Amount
                    2010-11                  $39,700,000
  (b)   Three  hundred  four  million  three  hundred  thousand  dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of eligible costs of local  highway  and  bridge  projects  pursuant  to
sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
section 9 of chapter 330 of the  laws  of  1991,  as  amended.  For  the
purposes of computing allocations to municipalities, the amount distrib-
uted  pursuant to section 16 of chapter 329 of the laws of 1991 shall be
deemed to be $121,520,000.  The amount distributed pursuant  to  section
16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
$182,780,000.  Notwithstanding the provisions of any general or  special
law,  the  amounts  deemed  distributed in accordance with section 16 of
chapter 329 of the laws of 1991 shall be adjusted so that  such  amounts
will  not  be less than 83.807 percent of the "funding level" as defined
in subdivision 5 of section 10-c of the highway law for each such  muni-
cipality.  In  order  to achieve the objectives of section 16 of chapter
329 of the laws of 1991, to the extent necessary, the amounts in  excess
of  83.807 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced  in  equal  propor-
tion.
  (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible  costs  of
local  highway  and  bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing  allocations
to  municipalities,  the  amount  distributed  pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be  $23,480,000.  The
amount  distributed  pursuant to section 16-a of chapter 329 of the laws
of  1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding   the
provisions of any general or special law, the amounts deemed distributed
in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 16.193 percent of

S. 6609--A                          5                         A. 9709--A

the "funding level" as defined in subdivision 5 of section 10-c  of  the
highway  law  for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
necessary,  the amounts in excess of 16.193 percent of the funding level
to be deemed distributed to each  municipality  under  this  subdivision
shall  be  reduced  in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000,
the payment amounts to each locality shall  be  adjusted  by  a  uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991,  as  amended,  shall  additionally make payments for reimbursement
according to the following schedule:
                    State Fiscal Year        Amount
                    2010-11                  $363,097,000
  S 2. This act shall take effect immediately.

                                 PART B

  Section 1. Section 326 of the highway law, as amended by chapter  1110
of the laws of 1971, is amended to read as follows:
  S 326. Penalties, how recovered. All penalties or forfeitures given in
this  chapter, and not otherwise specially provided for, shall be recov-
ered by the town superintendent, in the name of the town  in  which  the
offense shall be committed; and when recovered, shall be applied by them
in  improving  the highways and bridges in such town, except that if the
offense occurs on any highway included in the systems defined by section
three hundred forty-one of this chapter, such penalties  or  forfeitures
may  be  recovered  by  the  commissioner of transportation and where so
recovered shall be [paid to the state treasurer to  the  credit  of  the
fund  available for the maintenance and repair of state highways] DEPOS-
ITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND  PAYMENT
ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND  BRIDGE TRUST FUND ESTABLISHED
PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 2. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
finance law, as amended by section 2 of chapter 165 of the laws of 2008,
is amended to read as follows:
  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
five, two hundred  eighty-nine-e,  three  hundred  one-j,  five  hundred
fifteen  and  eleven  hundred  sixty-seven  of the tax law, section four
hundred one of the vehicle and traffic law, and  section  thirty-one  of
chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
pursuant  to  section  fifty-two,  SECTION THREE HUNDRED TWENTY-SIX, and
subdivisions five, eight and twelve of section eighty-eight of the high-
way law, subdivision fifteen of section three hundred eighty-five of the
vehicle and traffic law, section two of the chapter of the laws  of  two
thousand  three  that amended this paragraph, subdivision (d) of section
three hundred four-a, paragraph one of subdivision (a)  and  subdivision
(d)  of  section  three  hundred five, subdivision six-a of section four
hundred fifteen and subdivision (g) of section twenty-one hundred  twen-
ty-five of the vehicle and traffic law, section fifteen of this chapter,
excepting  moneys  deposited  with  the  state on account of betterments
performed pursuant to subdivision twenty-seven  or  subdivision  thirty-

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five  of  section  ten of the highway law, (iii) any moneys collected by
the department of  transportation  for  services  provided  pursuant  to
agreements  entered into in accordance with section ninety-nine-r of the
general  municipal  law, and (iv) any other moneys collected therefor or
credited or transferred thereto from any other fund, account or source.
  S 3. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
finance law, as amended by section 3 of chapter 165 of the laws of 2008,
is amended to read as follows:
  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
eighty-nine-e, three hundred one-j,  five  hundred  fifteen  and  eleven
hundred  sixty-seven  of  the  tax  law, section four hundred one of the
vehicle and traffic law, and section thirty-one of chapter fifty-six  of
the  laws  of  nineteen  hundred  ninety-three,  (ii) all fees, fines or
penalties collected by the commissioner of  transportation  pursuant  to
section  fifty-two,  SECTION  THREE HUNDRED TWENTY-SIX, and subdivisions
five, eight and twelve of  section  eighty-eight  of  the  highway  law,
subdivision  fifteen of section three hundred eighty-five of the vehicle
and traffic law, section  fifteen  of  this  chapter,  excepting  moneys
deposited with the state on account of betterments performed pursuant to
subdivision  twenty-seven  or  subdivision thirty-five of section ten of
the highway law, (iii) any moneys collected by the department of  trans-
portation  for  services provided pursuant to agreements entered into in
accordance with section ninety-nine-r of the general municipal law,  and
(iv)  any  other  moneys  collected  therefor or credited or transferred
thereto from any other fund, account or source.
  S 4. This act shall take effect immediately, and shall  be  deemed  to
have  been  in  full  force  and  effect on and after April 1, 2010; and
provided, however, that the amendments to paragraph (a) of subdivision 3
of section 89-b of the state finance law made by section two of this act
shall be subject to the  expiration  and  reversion  of  such  paragraph
pursuant to section 13 of part U-1 of chapter 62 of the laws of 2003, as
amended, when upon such date the provisions of section three of this act
shall take effect.

                                 PART C

  Section  1. Subdivisions 5, 6 and 7 of section 19-0323 of the environ-
mental conservation law are renumbered subdivisions 6, 7 and 8 and a new
subdivision 5 is added to read as follows:
  5. THE DEPARTMENT SHALL ISSUE A WAIVER TO A STATE AGENCY, A  STATE  OR
REGIONAL  PUBLIC  AUTHORITY,  OR  A  PERSON OPERATING ANY DIESEL POWERED
HEAVY DUTY VEHICLE ON BEHALF OF A STATE AGENCY, STATE OR REGIONAL PUBLIC
AUTHORITY, UPON A REQUEST IN A FORM ACCEPTABLE TO THE DEPARTMENT  FOR  A
USEFUL  LIFE  WAIVER  FROM  THE  PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION FOR A VEHICLE ENGINE THAT WILL BE TAKEN OUT OF  SERVICE  IN  THE
STATE  ON  OR  BEFORE  DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN. THE
WAIVER SHALL EXPIRE WHEN THE VEHICLE ENGINE IS TAKEN OUT OF  SERVICE  IN
THE  STATE  BUT NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND THIR-
TEEN.
  S 2. This act shall take effect immediately.

                                 PART D

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  Section 1. Paragraph (a) of subdivision 2 of section 253  of  the  tax
law,  as  amended  by  section  2 of part A of chapter 63 of the laws of
2005, is amended to read as follows:
  (a)  In addition to the taxes imposed by subdivisions one and one-a of
this section, there shall be imposed on each mortgage of  real  property
situated  within  the  state recorded on or after the first day of July,
nineteen hundred sixty-nine, an additional tax of twenty-five cents  for
counties  outside  of the metropolitan commuter transportation district,
as defined pursuant to section twelve hundred sixty-two  of  the  public
authorities  law, and thirty cents for counties within such metropolitan
commuter transportation district for each one hundred dollars  and  each
remaining  major  fraction thereof of principal debt or obligation which
is, or under any contingency may be secured at  the  date  of  execution
thereof or at any time thereafter by such mortgage, saving and excepting
the  first  ten thousand dollars of such principal debt or obligation in
any case in which the related mortgage is of real  property  principally
improved or to be improved by a one or two family residence or dwelling.
All the provisions of this article shall apply with respect to the addi-
tional  tax imposed by this subdivision to the same extent as if it were
imposed by the said subdivision one of this section, except as otherwise
expressly provided in this article.  NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, A MORTGAGE SECURED BY OR THROUGH AN INDUSTRIAL DEVELOPMENT AGEN-
CY CREATED PURSUANT TO ARTICLE EIGHTEEN-A OF THE GENERAL  MUNICIPAL  LAW
SHALL  NOT BE EXEMPT FROM THE ADDITIONAL TAX IMPOSED ON EACH MORTGAGE OF
REAL PROPERTY OF TWENTY-FIVE CENTS IN COUNTIES  COMPRISING  THE  NIAGARA
FRONTIER  TRANSPORTATION  DISTRICT, THE ROCHESTER-GENESEE TRANSPORTATION
DISTRICT, THE CAPITAL DISTRICT TRANSPORTATION DISTRICT  OR  THE  CENTRAL
NEW YORK REGIONAL TRANSPORTATION DISTRICT AND THE ADDITIONAL TAX IMPOSED
ON EACH MORTGAGE OF REAL PROPERTY OF THIRTY CENTS IN COUNTIES WITHIN THE
METROPOLITAN  COMMUTER  TRANSPORTATION  DISTRICT  FOR  EACH  ONE HUNDRED
DOLLARS AND EACH REMAINING FRACTION THEREOF OF  PRINCIPAL  DEBTOR  OBLI-
GATION WHICH IS, OR UNDER ANY CONTINGENCY MAY BE, SECURED AT THE DATE OF
EXECUTION  THEREOF OR AT ANY TIME THEREAFTER BY SUCH MORTGAGE. The impo-
sition of this additional tax on mortgages recorded in a county  outside
the  city  of New York, other than one of the counties from time to time
comprising  the  metropolitan  commuter  transportation  district,   the
Niagara  Frontier  transportation district, the Rochester-Genesee trans-
portation district, the capital district transportation district or  the
central New York regional transportation district may be suspended for a
specified  period  of  time  or without limitation as to time by a local
law, ordinance or resolution duly adopted by the local legislative  body
of such county.
  S  2. This act shall take effect July 1, 2010 and shall apply to mort-
gages secured after such date.

                                 PART E

  Section 1. Section 2 of chapter 279 of the laws of 1998, amending  the
transportation  law relating to enabling the commissioner of transporta-
tion to establish a single audit pilot program, as amended by section  1
of  part  A  of  chapter  59  of the laws of 2009, is amended to read as
follows:
  S 2. This act shall take effect on December 31, 1998, except that  the
commissioner  of  transportation is immediately authorized to promulgate
rules and regulations necessary for the implementation of this  act  and

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shall expire December 31, [2010] 2011 when upon such date the provisions
of this act shall be deemed repealed.
  S 2. This act shall take effect immediately.

                                 PART F

  Section  1.  Section  1203 of the public authorities law is amended by
adding a new subdivision 8 to read as follows:
  8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UPON THE CONVEYANCE  OF
THE TRANSIT FACILITIES IN ACCORDANCE WITH THIS SECTION, WHETHER BY DEED,
LEASE,  LICENSE  OR OTHER ARRANGEMENT, THE AUTHORITY SHALL BE DEEMED THE
SOLE OWNER OF SUCH  FACILITIES  WITH  RESPECT  TO  ALL  OBLIGATIONS  AND
LIABILITIES IMPOSED BY LAW ON PROPERTY OWNERS.
  S 2. Section 1203-a of the public authorities law is amended by adding
a new subdivision 12 to read as follows:
  12. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UPON THE CONVEYANCE OF
ANY  OMNIBUS  LINE ACQUIRED BY THE CITY TO THE SUBSIDIARY CORPORATION IN
ACCORDANCE WITH THIS SECTION, THE SUBSIDIARY CORPORATION SHALL BE DEEMED
THE SOLE OWNER OF SUCH FACILITIES WITH RESPECT TO  ALL  OBLIGATIONS  AND
LIABILITIES IMPOSED BY LAW ON PROPERTY OWNERS.
  S  3.  This  act  shall take effect immediately and shall apply to all
matters arising on or after such effective date and to all matters pend-
ing on such effective date.

                                 PART G

  Section 1. Subparagraph (B)  of  paragraph  2  of  subsection  (a)  of
section 2504 of the insurance law is amended to read as follows:
  (B)  the city of New York, a public corporation or A public authority,
in connection with the construction of electrical generating and  trans-
mission  facilities  or  construction, extensions and additions of light
rail or heavy rail rapid transit  and  commuter  railroads,  OR  BRIDGE,
TUNNEL OR OMNIBUS FACILITIES.
  S 2. This act shall take effect immediately.

                                 PART H

  Section  1.  Section  1209 of the public authorities law is amended by
adding a new subdivision 14 to read as follows:
  14. (A) THE AUTHORITY MAY ACCEPT BIDS ELECTRONICALLY.  ALL  PROVISIONS
OF  THIS  SUBDIVISION  SHALL  APPLY  ONLY  TO COMPETITIVELY BID PURCHASE
CONTRACTS FOR SUPPLIES, MATERIALS AND EQUIPMENT  INITIATED  DURING  THIS
PERIOD.
  (B) NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, ANY REQUIRE-
MENT FOR SEALED BIDS AND PUBLIC BID OPENINGS UNDER THIS SECTION SHALL BE
DEEMED  SATISFIED  BY  BIDS  ACCEPTED ELECTRONICALLY, AND THE ELECTRONIC
POSTING OF BIDS ALONG WITH THE NAMES OF  THE  BIDDERS  SHALL  CONSTITUTE
PUBLIC OPENING AND READING OF BIDS. THE AUTHORITY MAY REQUIRE ELECTRONIC
SUBMISSION AS THE SOLE METHOD FOR THE SUBMISSION OF BIDS FOR A SOLICITA-
TION.  THE  AUTHORITY  MAY ACCEPT SUCH ELECTRONIC BIDS THROUGH A WEBSITE
OPERATED BY AN AGENCY OR AUTHORITY OF THE STATE  OR  ON  BEHALF  OF  THE
AUTHORITY  BY  A  COMMERCIAL  THIRD  PARTY  AND,  IN SUCH INSTANCES, THE
AUTHORITY SHALL BE DEEMED TO HAVE SATISFIED ANY REQUIREMENTS FOR AUTHEN-
TICATION AND SECURITY OF THE TRANSACTION AND ANY  ELECTRONIC  SIGNATURE,
UNDER  ARTICLE  THREE  OF  THE  STATE  TECHNOLOGY  LAW, IF THE STANDARDS
APPLIED BY THAT WEBSITE MEET THOSE REQUIREMENTS.

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  (C) THE AUTHORITY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM
THAT INFORMS BIDDERS WHETHER THEIR BID IS THE CURRENT LOW BID,  PROVIDED
THAT  IT DOES NOT DISCLOSE THE BIDS OF ANY BIDDERS PRIOR TO THE DATE AND
TIME ASSIGNED FOR THE OPENING OF BIDS, AND ALLOWS BIDDERS TO SUBMIT  NEW
BIDS  BEFORE  THE  DATE  AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH
PROCEDURE SHALL NOT  CONSTITUTE  DISCLOSURE  OF  BIDS  IN  VIOLATION  OF
SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
  (D)  THE  AUTHORITY  MAY  CHARGE BIDDERS A FEE IN CONNECTION WITH BIDS
SOLICITED UNDER THIS SECTION, AND MAY REQUIRE BIDDERS TO PAY THE FEE  TO
A  COMMERCIAL  THIRD  PARTY,  IF ANY, WHICH OPERATES THE BIDDING WEBSITE
UTILIZED BY THE AUTHORITY.
  S 2. Section 1265-a of the public authorities law is amended by adding
a new subdivision 9 to read as follows:
  9. (A) THE AUTHORITY MAY ACCEPT BIDS ELECTRONICALLY. ALL PROVISIONS OF
THIS  SUBDIVISION  SHALL  APPLY  ONLY  TO  COMPETITIVELY  BID   PURCHASE
CONTRACTS  FOR  SUPPLIES,  MATERIALS AND EQUIPMENT INITIATED DURING THIS
PERIOD.
  (B) NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, ANY REQUIRE-
MENT FOR SEALED BIDS AND PUBLIC BID OPENINGS UNDER THIS SECTION SHALL BE
DEEMED SATISFIED BY BIDS ACCEPTED  ELECTRONICALLY,  AND  THE  ELECTRONIC
POSTING  OF  BIDS  ALONG  WITH THE NAMES OF THE BIDDERS SHALL CONSTITUTE
PUBLIC OPENING AND READING OF BIDS. THE AUTHORITY MAY REQUIRE ELECTRONIC
SUBMISSION AS THE SOLE METHOD FOR THE SUBMISSION OF BIDS FOR A SOLICITA-
TION. THE AUTHORITY MAY ACCEPT SUCH ELECTRONIC BIDS  THROUGH  A  WEBSITE
OPERATED  BY  AN  AGENCY  OR  AUTHORITY OF THE STATE OR ON BEHALF OF THE
AUTHORITY BY A COMMERCIAL  THIRD  PARTY  AND,  IN  SUCH  INSTANCES,  THE
AUTHORITY SHALL BE DEEMED TO HAVE SATISFIED ANY REQUIREMENTS FOR AUTHEN-
TICATION  AND  SECURITY OF THE TRANSACTION AND ANY ELECTRONIC SIGNATURE,
UNDER ARTICLE THREE OF  THE  STATE  TECHNOLOGY  LAW,  IF  THE  STANDARDS
APPLIED BY THAT WEBSITE MEET THOSE REQUIREMENTS.
  (C) THE AUTHORITY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM
THAT  INFORMS BIDDERS WHETHER THEIR BID IS THE CURRENT LOW BID, PROVIDED
THAT IT DOES NOT DISCLOSE THE BIDS OF ANY BIDDERS PRIOR TO THE DATE  AND
TIME  ASSIGNED FOR THE OPENING OF BIDS, AND ALLOWS BIDDERS TO SUBMIT NEW
BIDS BEFORE THE DATE AND TIME ASSIGNED FOR THE  OPENING  OF  BIDS.  SUCH
PROCEDURE  SHALL  NOT  CONSTITUTE  DISCLOSURE  OF  BIDS  IN VIOLATION OF
SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
  (D) THE AUTHORITY MAY CHARGE BIDDERS A FEE  IN  CONNECTION  WITH  BIDS
SOLICITED  UNDER THIS SECTION, AND MAY REQUIRE BIDDERS TO PAY THE FEE TO
A COMMERCIAL THIRD PARTY, IF ANY, WHICH  OPERATES  THE  BIDDING  WEBSITE
UTILIZED BY THE AUTHORITY.
  S  3.  This act shall take effect immediately, and shall expire and be
deemed repealed December 31, 2014.

                                 PART I

  Section 1. Section 1212 of the public authorities law  is  amended  by
adding a new subdivision 7 to read as follows:
  7.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THERE
SHALL BE NO RIGHT OF RECOVERY IN AN ACTION FOR PERSONAL  INJURY,  INJURY
TO  PROPERTY  OR  WRONGFUL  DEATH AGAINST THE AUTHORITY WHEN IT IS FOUND
THAT THE CLAIMANT OR DECEDENT ACTED WITH WANTON DISREGARD FOR HIS OR HER
OWN PERSONAL SAFETY OR WELL BEING.
  S 2. Section 1276 of the public authorities law is amended by adding a
new subdivision 7 to read as follows:

S. 6609--A                         10                         A. 9709--A

  7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  THERE
SHALL  BE  NO RIGHT OF RECOVERY IN AN ACTION FOR PERSONAL INJURY, INJURY
TO PROPERTY OR WRONGFUL DEATH AGAINST THE AUTHORITY  WHEN  IT  IS  FOUND
THAT THE CLAIMANT OR DECEDENT ACTED WITH WANTON DISREGARD FOR HIS OR HER
OWN PERSONAL SAFETY OR WELL BEING.
  S  3.  This  act  shall take effect immediately and shall apply to any
cause of action accruing on or after the date this act shall have become
a law.

                                 PART J

  Section 1. Subdivision 6 of section 201 of  the  vehicle  and  traffic
law,  as  amended by chapter 432 of the laws of 1997, is amended to read
as follows:
  6. Whenever any document  referred  to  in  subdivision  one  of  this
section  is  filed  with  this  department when it is not required to be
filed and is used by this department for no other purposes,  other  than
for  statistics  or research, the document shall not be a public record.
Provided, however, that an accident report filed  with  this  department
when it is not required to be filed shall not be a public record [except
as  follows:   for use by the state or any political subdivision thereof
for no other purposes other than for statistics or research relating  to
highway  safety;  for any lawful purpose by a person to whom such report
pertains or named in such report, or his  or  her  authorized  represen-
tative;  and,  for  use  by  any  other person, or his or her authorized
representative, who has demonstrated to the satisfaction of the  commis-
sioner  that  such person is or may be a party to a civil action arising
out of the conduct described in such accident report].
  S 2. Subdivision 1 of section 603 of the vehicle and traffic  law,  as
amended  by  chapter  432  of  the  laws  of 1997, is amended to read as
follows:
  1. Every police or judicial officer to whom an accident  resulting  in
injury  to  a person shall have been reported, pursuant to the foregoing
provisions of this chapter, shall immediately investigate the facts,  or
cause  the same to be investigated, and report the matter to the commis-
sioner forthwith; provided, however, that the report of the accident  is
made  to  the  police officer or judicial officer within five days after
such accident. Every coroner, or other official  performing  like  func-
tions,  shall likewise make a report to the commissioner with respect to
all deaths found to have been the result of motor vehicle or  motorcycle
accidents.    Such  report  shall  include  information on the width and
length of trucks, tractors, trailers  and  semitrailers,  which  are  in
excess  of ninety-five inches in width or thirty-four feet in length and
which are involved in such accidents, whether such accident  took  place
in  a  work area and whether it was being operated with an overweight or
overdimension permit.  Such report shall distinctly indicate and include
information as to whether the inflatable restraint system  inflated  and
deployed.    Nothing  contained  in  this subdivision shall be deemed to
preclude a police officer from reporting any other  accident  which,  in
the  judgment  of such police officer, [would be required to be reported
to the commissioner by the operator of a vehicle pursuant to section six
hundred five of this article] RESULTED IN DAMAGE TO THE PROPERTY OF  ANY
ONE PERSON IN EXCESS OF THREE THOUSAND DOLLARS.
  S  3. Subdivisions (a) and (c) of section 605 of the vehicle and traf-
fic law are REPEALED, and subdivision (b), as added by  chapter  254  of
the laws of 1989, is amended to read as follows:

S. 6609--A                         11                         A. 9709--A

  [(b)] Every person operating a bicycle which is in any manner involved
in  an accident on a public highway in this state in which any person is
killed, other than the operator, or suffers serious physical  injury  as
defined  pursuant  to subdivision ten of section 10.00 of the penal law,
shall  within  ten  days  after such operator learns of the fact of such
death or serious physical injury, report the matter in  writing  to  the
commissioner.  If  such  operator is physically incapable of making such
report within ten days, he or she shall make the report immediately upon
recovery from the physical incapacity. If such operator is an  unemanci-
pated  minor  who is incapable of making such report for any reason, the
parent or guardian of such operator shall make such  report  within  ten
days after learning of the fact of such accident. Every such operator of
a  bicycle,  or parent or guardian of such unemancipated minor operator,
shall make such other and additional reports as the  commissioner  shall
require.
  S 4. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law and shall apply to motor vehicle accidents
occurring on or after such date.

                                 PART K

  Section 1. Section 214 of the vehicle and traffic law, as  amended  by
chapter 568 of the laws of 1994, is amended to read as follows:
  S  214.  Proof of mailing of notice or order. The production of a copy
of a notice or order issued by the department, together  with  an  elec-
tronically-generated  record  of  entry of such order or notice upon the
appropriate driver's license or registration file of the department  and
an  affidavit  by  an  employee designated by the commissioner as having
responsibility for the issuance of such order or notice  issued  by  the
department  setting forth the procedure for the issuance and the mailing
of such notice or order AT THE ADDRESS OF SUCH PERSON ON FILE  WITH  THE
DEPARTMENT  OR  AT  THE  CURRENT  ADDRESS  PROVIDED BY THE UNITED STATES
POSTAL SERVICE shall be presumptive evidence that such notice of suspen-
sion, revocation or order was produced and  mailed  in  accordance  with
such  procedures.  The foregoing procedure shall not preclude the use of
an affidavit of service by mail, a certificate of mailing  or  proof  of
certified  or  registered  mail as proof of mailing of any such order or
notice.
  S 2. Paragraph (b) of subdivision 3 of section 226 of the vehicle  and
traffic  law, as added by chapter 607 of the laws of 1993, is amended to
read as follows:
  (b) Failure to answer or appear in accordance with the requirements of
this section and any regulations promulgated hereunder shall  be  deemed
an  admission  to the violation as charged, and an appropriate order may
be entered in the department's records, and a fine consistent  with  the
provisions  of  this  chapter and regulations of the commissioner may be
imposed by the commissioner or person designated  by  the  commissioner.
Prior  to  entry  of an order and imposition of a fine, the commissioner
shall notify such person by mail at the address of such person  on  file
with  the  department  OR  AT THE CURRENT ADDRESS PROVIDED BY THE UNITED
STATES POSTAL SERVICE in accordance with section two hundred fourteen of
this chapter: (i) of the violation charged; (ii) of the impending  entry
of such order and fine; (iii) that such order and fine may be filed as a
judgment  with  the  county clerk of the county in which the operator or
registrant is located; and (iv) that entry of such order and  imposition
of  such  fine may be avoided by entering a plea or making an appearance

S. 6609--A                         12                         A. 9709--A

within thirty days of the sending of such notice. In no case shall  such
an  order  and fine be entered and imposed more than two years after the
date of the alleged violation. Upon application in such manner and  form
as  the  commissioner shall prescribe an order and fine shall be vacated
upon the ground of excusable default.
  S 3. Paragraph b of subdivision 4 of section 227 of  the  vehicle  and
traffic  law, as amended by chapter 221 of the laws of 1985, such subdi-
vision as renumbered by chapter 288 of the laws of 1989, is  amended  to
read as follows:
  b. Unpaid fines may be recovered by the commissioner in a civil action
in  the name of the commissioner. In addition, as an alternative to such
civil action, and provided that no appeal is pending,  the  commissioner
may file with the county clerk of the county in which the person resides
a  final  order of the commissioner containing the amount of the fine or
fines. The filing of such final order shall  have  the  full  force  and
effect  of  a judgment duly docketed in the office of such clerk and may
be enforced in the same manner and with the same effect as that provided
by law in respect to execution issued against property upon judgments of
a court of record. No such civil action shall  be  commenced  nor  shall
such  final  order be filed until at least thirty days after the depart-
ment has posted by ordinary mail to the person at the  address  of  such
person on file with the department OR AT THE CURRENT ADDRESS PROVIDED BY
THE  UNITED  STATES  POSTAL SERVICE notice of the amount of such fine or
fines and that such fine or fines are due and owing.
  S 4. Subdivision 6 of section 318 of the vehicle and  traffic  law  is
amended to read as follows:
  6.  Notice  of revocation pursuant to this section may be given to the
owner of a vehicle registered in this state or to a driver  licensed  in
this state, by mailing the same to such owner or licensee at the address
contained  in  the  certificate of registration for the vehicle owned by
such person or to the address contained  [in]  ON  his  OR  HER  driving
license  OR  TO THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES POSTAL
SERVICE.
  S 5. Subdivision 7 of section 510 of the vehicle and traffic  law,  as
amended  by  chapter  606  of  the  laws  of 1993, is amended to read as
follows:
  7. Miscellaneous provisions. Except as  expressly  provided,  a  court
conviction shall not be necessary to sustain a revocation or suspension.
Revocation or suspension hereunder shall be deemed an administrative act
reviewable by the supreme court as such. Notice of revocation or suspen-
sion, as well as any required notice of hearing, where the holder is not
present,  may  be  given by mailing the same in writing to him OR HER at
the address contained in his OR HER license [or], certificate of  regis-
tration  OR  AT THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES POSTAL
SERVICE, as the case may be. Proof of such mailing by certified mail  to
the  holder  shall  be  presumptive evidence of the holder's receipt and
actual  knowledge  of  such  notice.  Attendance  of  witnesses  may  be
compelled  by  subpoena.  Failure  of  the  holder  or  any other person
possessing the license card or number plates, to deliver the same to the
suspending or revoking officer is a misdemeanor. Suspending or  revoking
officers shall place such license cards and number plates in the custody
of  the  commissioner  except  where  the  commissioner  shall otherwise
direct. If any person shall fail to deliver a  license  card  or  number
plates as provided herein, any police officer, bridge and tunnel officer
of  the  Triborough bridge and tunnel authority, or agent of the commis-
sioner having knowledge of such facts shall have  the  power  to  secure

S. 6609--A                         13                         A. 9709--A

possession  thereof  and  return  the  same to the commissioner, and the
commissioner may forthwith direct any police officer, bridge and  tunnel
officer  of  the Triborough bridge and tunnel authority, acting pursuant
to  his  OR  HER  special duties, or agent of the commissioner to secure
possession thereof and to return the same to the  commissioner.  Failure
of  the  holder  or  of any person possessing the license card or number
plates to deliver to any police officer, bridge and  tunnel  officer  of
the Triborough bridge and tunnel authority, or agent of the commissioner
who  requests the same pursuant to this subdivision shall be a misdemea-
nor.  Notice of revocation or suspension of any license or  registration
shall  be  transmitted forthwith by the commissioner [of motor vehicles]
to the chief of police of the city or prosecuting officer of the locali-
ty in which the person whose  license  or  registration  so  revoked  or
suspended  resides.  In  case  any  license or registration shall expire
before the end of any period for which it has been revoked or suspended,
and before it shall have been restored as provided in this chapter, then
and in that event any renewal thereof may be withheld until the  end  of
such period of suspension or until restoration, as the case may be.
  The  revocation  of  a learner's permit shall automatically cancel the
application for a license of the holder of such permit.
  No suspension or revocation of a license or registration shall be made
because of a judgment of conviction if the suspending or revoking  offi-
cer  is satisfied that the magistrate who pronounced the judgment failed
to comply with subdivision one of section eighteen hundred seven of this
chapter. In case a suspension  or  revocation  has  been  made  and  the
commissioner  is satisfied that there was such failure, [he] THE COMMIS-
SIONER shall restore the license or registration or both as the case may
be.
  S 6. This act shall take effect immediately.

                                 PART L

  Section 1. Section 1802 of the public authorities  law,  as  added  by
chapter 443 of the laws of 1961, subdivisions 1, 1-a and 7 as amended by
chapter  118 of the laws of 1990, subdivision 2 as separately amended by
chapters 355 and 829 of the laws of 1966, subdivision 3  as  amended  by
chapter  55 of the laws of 1992, subdivision 4 as amended by chapter 482
of the laws of 1985, subdivision 8 as amended by chapter 185 of the laws
of 1986, subdivision 8-a as added by chapter 714 of the laws of 1977 and
subdivision 9 as amended by chapter 348 of the laws of 1980, is  amended
to read as follows:
  S  1802.  New  York  job  development  authority. [1.] There is hereby
created the "New York job development authority." The authority shall be
a body corporate and politic constituting a public benefit  corporation.
[Its  members shall consist of the commissioner of economic development,
the commissioner of labor, the commissioner of agriculture and  markets,
and  the  superintendent of banks, serving ex officio, and seven members
to be appointed by the governor with  the  advice  and  consent  of  the
senate.  Each member appointed by the governor shall be a citizen of the
United States and a resident of the state.
  1-a. The commissioner of economic  development,  the  commissioner  of
labor,  the commissioner of agriculture and markets, and the superinten-
dent of banks each may designate a person from his department to  repre-
sent  him at all meetings of the authority from which such member may be
absent. Any representative so designated shall have the power to  attend
and  to  vote  at  any meeting of the authority from which the member so

S. 6609--A                         14                         A. 9709--A

designating him is absent, with the same force  and  effect  as  if  the
member  designating  him were present and voting. Such designation shall
be by written notice to the chairman by the  member  making  the  desig-
nation.  Such designation shall not limit the power of the member making
the designation to attend and vote in  person  at  any  meeting  of  the
authority.
  2.  Members  shall  continue  in  office until the expiration of their
terms and until their successors  have  been  appointed  and  confirmed.
Persons  appointed  for  full  terms as their successors shall serve for
four years each commencing as of January first. In the event of a vacan-
cy occurring in the office of a member by death, resignation  or  other-
wise, the governor shall appoint a successor with the advice and consent
of the senate to serve for the balance of the unexpired term.
  3.  The  members  of the authority shall serve without salary or other
compensation, but each member shall be  entitled  to  reimbursement  for
actual  and necessary expenses incurred in the performance of his or her
official duties.
  4. The members of the authority may engage in private  employment,  or
in  a  profession  or  business, subject to the limitations contained in
sections seventy-three and seventy-four of the public officers law.  The
authority shall, for the purposes of such sections, be a "state agency",
and such members shall be "officers" of the agency for the  purposes  of
said  sections.  In addition, the authority may adopt such standards and
procedures as it considers  necessary  to  ensure  compliance  with  the
provisions  of  sections  seventy-three  and  seventy-four of the public
officers law.
  5.  Notwithstanding  any  inconsistent  provisions  of  law,  general,
special  or  local, no officer or employee of the state, or of any civil
division thereof, shall be deemed to have forfeited or shall forfeit his
office or employment by reason of his acceptance of  membership  on  the
authority  created by this section, provided, however, that a member who
holds such other public office or employment shall receive no additional
compensation or allowance for services rendered pursuant to this  title,
but  shall  be  entitled  to  reimbursement for his actual and necessary
expenses incurred in the performance of such services.
  6. The governor may remove any member  for  inefficiency,  neglect  of
duty  or  misconduct  in  office  after giving him a copy of the charges
against him, and an opportunity to be heard, in person or by counsel, in
his defense, upon not less than ten days' notice.  If  any  such  member
shall  be  removed, the governor shall file in the office of the depart-
ment of state a complete statement of charges made against such  member,
and  his  findings  thereon,  together  with  a  complete  record of the
proceedings.
  7. The commissioner of economic development shall be the  chairman  of
the  authority  and shall preside over all meetings of the authority and
shall have such other duties as the authority may direct. A  vice-chair-
man may be elected by the authority from among its other members for one
or  more  terms  of one year each.  The vice-chairman shall preside over
all meetings of the authority in the  absence  of  the  commissioner  of
economic  development  and shall have such other duties as the authority
may direct.
  8. Six members of the authority shall  constitute  a  quorum  for  the
transaction  of any business or the exercise of any power or function of
the authority. Resolutions authorizing the issuance of bonds or notes of
the authority and resolutions authorizing the granting of mortgage loans
shall be approved by not less than six members of  the  authority  at  a

S. 6609--A                         15                         A. 9709--A

meeting  duly  called  for  such purpose, but for the transaction of any
other business or the performance of any other power or function of  the
authority, the authority may act by a majority of the members present at
any meeting at which a quorum is in attendance.
  8-a.  Determination on mortgage loan applications. The chairman of the
authority shall convene meetings for the transaction of business or  the
exercise of any power or function of the authority at regular intervals,
and  whenever prudent and practical, the authority shall render a deter-
mination on an application for a mortgage loan and notify the  applicant
of  the determination within four weeks of the receipt of such completed
application. In the event that a determination cannot be reached  within
the  four  week  period,  the  authority shall submit to the applicant a
statement of the reasons for such delay upon or prior to the  expiration
of such four week period.
  9.  The authority may appoint such persons to serve as officers of the
authority as it may deem advisable, including a president and a counsel,
and such employees as it deems advisable, and may prescribe their duties
and fix their compensation, subject to the civil  service  law  and  the
rules and regulations of the civil service commission of the state.
  10. The authority may appoint one or more advisory committees consist-
ing  of  not  more  than  seven  members each to consider and advise the
authority upon all matters submitted to them by  the  authority  and  to
recommend  to  the  authority such changes in the administration of this
title and the operations of the authority as the advisory committee  may
deem desirable. Members of advisory committees shall serve without sala-
ry for such terms, not to exceed four years, as the authority may deter-
mine.  Each  member  of  an  advisory  committee  shall  be  entitled to
reimbursement for his actual and necessary travel expenses  incurred  in
the performance of his duties.]
  S  2.  The  public  authorities law is amended by adding a new section
1802-a to read as follows:
  S 1802-A. RENAMED THE NEW YORK STATE JOB DEVELOPMENT CORPORATION.  THE
AUTHORITY  IS  HEREBY  RENAMED THE NEW YORK STATE JOB DEVELOPMENT CORPO-
RATION, AND ALL REFERENCES TO THE AUTHORITY IN THIS CHAPTER AND IN RULES
AND REGULATIONS PROMULGATED BY THE AUTHORITY OR BY OTHERS  WITH  RESPECT
TO  THE  AUTHORITY  OR  THIS  CHAPTER  SHALL MEAN THE NEW YORK STATE JOB
DEVELOPMENT CORPORATION.
  S 3. The public authorities law is amended by  adding  a  new  section
1802-b to read as follows:
  S  1802-B.  NEW  YORK STATE JOB DEVELOPMENT CORPORATION MEMBERSHIP AND
OPERATIONS. 1. THE MEMBERSHIP OF THE CORPORATION'S BOARD  SHALL  CONSIST
OF  EIGHT  DIRECTORS  AS FOLLOWS: THE SUPERINTENDENT OF BANKS, AND SEVEN
DIRECTORS TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF
THE SENATE. FROM THE SEVEN DIRECTORS  APPOINTED  BY  HIM,  THE  GOVERNOR
SHALL DESIGNATE THE CHAIRMAN OF THE CORPORATION AND TWO OTHERS WHO SHALL
ALL  SERVE AT THE PLEASURE OF THE GOVERNOR. OF THE FOUR REMAINING DIREC-
TORS, ONE OF SUCH DIRECTORS FIRST APPOINTED BY THE  GOVERNOR  AFTER  THE
EFFECTIVE  DATE  OF THIS SUBDIVISION, AS AMENDED, SHALL SERVE FOR A TERM
ENDING JANUARY FIRST NEXT SUCCEEDING HIS APPOINTMENT, ONE OF SUCH DIREC-
TORS SHALL SERVE FOR A TERM ENDING ONE YEAR FROM SUCH DATE, ONE OF  SUCH
DIRECTORS  SHALL  SERVE  FOR A TERM ENDING TWO YEARS FROM SUCH DATE, AND
ONE OF SUCH DIRECTORS SHALL SERVE FOR A TERM  ENDING  THREE  YEARS  FROM
SUCH  DATE.  THEIR  SUCCESSORS SHALL SERVE FOR TERMS OF FOUR YEARS EACH.
DIRECTORS SHALL CONTINUE IN OFFICE  UNTIL  THEIR  SUCCESSORS  HAVE  BEEN
APPOINTED  AND  QUALIFIED.  IN  THE  EVENT OF A VACANCY OCCURRING IN THE
OFFICE OF A DIRECTOR BY DEATH, RESIGNATION OR  OTHERWISE,  THE  GOVERNOR

S. 6609--A                         16                         A. 9709--A

SHALL  APPOINT  A SUCCESSOR WITH THE ADVICE AND CONSENT OF THE SENATE TO
SERVE FOR THE BALANCE OF THE UNEXPIRED TERM. THE GOVERNOR SHALL  APPOINT
THE  PRESIDENT  OF  THE  CORPORATION, WITH THE ADVICE AND CONSENT OF THE
SENATE,  WHO SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE CORPORATION AND
WHO SHALL SERVE AT THE PLEASURE OF THE GOVERNOR. SUCH PRESIDENT  MAY  BE
ONE  OF  THE  DIRECTORS  APPOINTED BY THE GOVERNOR.  NOTWITHSTANDING THE
FOREGOING, AND ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE DIRECTORS
OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION  IN  OFFICE  ON  THE
EFFECTIVE  DATE  OF THIS SECTION SHALL BE DEEMED DIRECTORS OF THE CORPO-
RATION, FOR THE BALANCE OF THE RESPECTIVE  TERMS  FOR  WHICH  THEY  WERE
APPOINTED.
  2.  THE SUPERINTENDENT OF BANKS MAY DESIGNATE A PERSON FROM HIS OR HER
DEPARTMENT TO REPRESENT THE SUPERINTENDENT OF BANKS AT ALL  MEETINGS  OF
THE  CORPORATION  FROM  WHICH SUCH DIRECTOR MAY BE ABSENT. ANY REPRESEN-
TATIVE SO DESIGNATED SHALL HAVE THE POWER TO ATTEND AND TO VOTE  AT  ANY
MEETING OF THE CORPORATION FROM WHICH THE DIRECTOR SO DESIGNATING HIM IS
ABSENT,  WITH  THE  SAME FORCE AND EFFECT AS IF THE DIRECTOR DESIGNATING
HIM WERE PRESENT AND VOTING. SUCH DESIGNATION SHALL BE BY WRITTEN NOTICE
FILED WITH THE CHAIRMAN OF THE CORPORATION BY THE  DIRECTOR  MAKING  THE
DESIGNATION.  THE  DESIGNATION  OF EACH SUCH PERSON SHALL CONTINUE UNTIL
REVOKED AT ANY TIME BY WRITTEN NOTICE TO THE CHAIRMAN  BY  THE  DIRECTOR
MAKING  THE  DESIGNATION.  SUCH DESIGNATION SHALL NOT LIMIT THE POWER OF
THE DIRECTOR MAKING THE DESIGNATION TO ATTEND AND VOTE IN PERSON AT  ANY
MEETING OF THE CORPORATION.
  3.  THE DIRECTORS, OTHER THAN THE CHAIRMAN, SHALL SERVE WITHOUT SALARY
OR OTHER COMPENSATION, BUT EACH DIRECTOR, INCLUDING THE CHAIRMAN,  SHALL
BE  ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED
IN THE PERFORMANCE OF HIS OR HER  OFFICIAL  DUTIES.    ANYTHING  TO  THE
CONTRARY  CONTAINED  HEREIN NOTWITHSTANDING, THE PRESIDENT OF THE CORPO-
RATION, WHETHER OR NOT HE OR SHE IS A DIRECTOR, AND THE CHAIRMAN  IF  HE
OR  SHE IS NOT THE PRESIDENT SHALL BE ENTITLED TO RECEIVE SUCH SALARY AS
THE DIRECTORS MAY DETERMINE FOR THEIR SERVICES AS CHIEF EXECUTIVE  OFFI-
CER AND CHAIRMAN RESPECTIVELY.
  4.  SUCH  DIRECTORS  OTHER  THAN  THE  SUPERINTENDENT OF BANKS AND ANY
DIRECTOR WHO SERVES AS  PRESIDENT  OF  THE  CORPORATION  MAY  ENGAGE  IN
PRIVATE EMPLOYMENT, OR IN A PROFESSION OR BUSINESS. THE CORPORATION, ITS
DIRECTORS,  OFFICERS AND EMPLOYEES SHALL BE SUBJECT TO THE PROVISIONS OF
SECTIONS SEVENTY-THREE AND SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
  5. THE STATE SHALL SAVE HARMLESS AND INDEMNIFY ANY  PERSON  WHO  SHALL
HAVE  SERVED  AS  A  DIRECTOR,  OFFICER  OR  EMPLOYEE OF THE CORPORATION
AGAINST FINANCIAL LOSS OR LITIGATION EXPENSE ARISING IN CONNECTION  WITH
ANY  CLAIM, DEMAND, SUIT OR JUDGMENT, OR THE DEFENSE THEREOF, BASED ON A
CAUSE OF ACTION, WHENEVER ACCRUED, INVOLVING ALLEGATIONS THAT  PECUNIARY
HARM  WAS  SUSTAINED BY ANY PERSON AS A RESULT OF ANY TRANSACTION OF THE
CORPORATION TAKING PLACE ON OR AFTER THE EFFECTIVE DATE OF THE NEW  YORK
STATE  PROJECT  FINANCE AGENCY ACT. IN THE EVENT ANY SUCH CLAIM, DEMAND,
SUIT OR JUDGMENT SHALL OCCUR, A DIRECTOR, OFFICER  OR  EMPLOYEE  OF  THE
CORPORATION  SHALL  BE SAVED HARMLESS AND INDEMNIFIED BY THE STATE UNDER
THIS SUBDIVISION UNLESS SUCH INDIVIDUAL IS FOUND  BY  A  FINAL  JUDICIAL
DETERMINATION  NOT  TO  HAVE ACTED IN GOOD FAITH, FOR A PURPOSE WHICH HE
REASONABLY BELIEVED TO BE IN THE BEST INTERESTS OF  THE  CORPORATION  OR
NOT TO HAVE HAD REASONABLE CAUSE TO BELIEVE THAT HIS CONDUCT WAS LAWFUL.
IN  ANY  SUIT  DESCRIBED  IN THE FIRST SENTENCE OF THIS SUBDIVISION, ANY
DIRECTOR, OFFICER OR EMPLOYEE MADE A PARTY DEFENDANT TO SUCH SUIT  SHALL
BE  ENTITLED  TO  BE  REPRESENTED  BY  PRIVATE  COUNSEL  OF  HIS CHOICE;
PROVIDED, HOWEVER, THAT THE ATTORNEY GENERAL IS AUTHORIZED, AS A  CONDI-

S. 6609--A                         17                         A. 9709--A

TION TO INDEMNIFICATION OF THE FEES AND EXPENSES OF SUCH REPRESENTATION,
TO REQUIRE THAT APPROPRIATE GROUPS OF SUCH INDIVIDUALS BE REPRESENTED BY
THE  SAME  COUNSEL;  AND PROVIDED FURTHER, THAT WITH THE APPROVAL OF THE
ATTORNEY GENERAL OR OF A COURT (OBTAINED BY APPLICATION SUBSTANTIALLY AS
PROVIDED  IN  SECTION  SEVEN  HUNDRED TWENTY-FIVE OF THE BUSINESS CORPO-
RATION LAW), INDEMNIFICATION FOR SUCH FEES AND EXPENSES  SHALL  BE  PAID
FROM  TIME  TO  TIME DURING THE PENDENCY OF SUCH SUIT. THE PROVISIONS OF
THIS SUBDIVISION SHALL BE IN ADDITION TO  AND  SHALL  NOT  SUPPLANT  ANY
INDEMNIFICATION OR OTHER BENEFITS HERETOFORE OR HEREAFTER CONFERRED UPON
DIRECTORS,  OFFICERS  AND EMPLOYEES OF THE CORPORATION BY SECTION SEVEN-
TEEN OF THE PUBLIC OFFICERS LAW, BY ACTION OF THE CORPORATION, OR OTHER-
WISE. THE PROVISIONS OF THIS SUBDIVISION SHALL INURE ONLY TO  DIRECTORS,
OFFICERS AND EMPLOYEES OF THE CORPORATION, SHALL NOT ENLARGE OR DIMINISH
THE RIGHTS OF ANY OTHER PARTY, AND SHALL NOT IMPAIR, LIMIT OR MODIFY THE
RIGHTS AND OBLIGATIONS OF ANY INSURER UNDER ANY POLICY OF INSURANCE.
  6.  THE  DIRECTORS OF THE CORPORATION SHALL SERVE EX OFFICIO AS DIREC-
TORS OF THE CORPORATION FOR URBAN DEVELOPMENT AND RESEARCH OF NEW  YORK,
CREATED BY THE NEW YORK STATE URBAN DEVELOPMENT AND RESEARCH CORPORATION
ACT, AND OF THE URBAN DEVELOPMENT GUARANTEE FUND OF NEW YORK, CREATED BY
THE  URBAN  DEVELOPMENT  GUARANTEE FUND OF NEW YORK ACT. THE CHAIRMAN OF
THE CORPORATION SHALL SERVE AS CHAIRMAN OF  THE  CORPORATION  FOR  URBAN
DEVELOPMENT  AND RESEARCH OF NEW YORK AND OF THE URBAN DEVELOPMENT GUAR-
ANTEE FUND OF NEW YORK.
  7.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  LAW,  GENERAL,
SPECIAL  OR  LOCAL,  NO OFFICER OR EMPLOYEE OF THE STATE OR OF ANY CIVIL
DIVISION THEREOF, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT HIS
OFFICE OR EMPLOYMENT BY REASON OF HIS ACCEPTANCE OF  MEMBERSHIP  ON  THE
CORPORATION  CREATED  BY THIS SECTION; PROVIDED, HOWEVER, A DIRECTOR WHO
HOLDS SUCH OTHER PUBLIC OFFICE OR EMPLOYMENT SHALL RECEIVE NO ADDITIONAL
COMPENSATION  OR  ALLOWANCE  FOR  SERVICES  RENDERED  PURSUANT  TO  THIS
SECTION,  BUT  SHALL  BE  ENTITLED  TO  REIMBURSEMENT FOR HIS ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF SUCH SERVICES.
  8. THE CORPORATION SHALL ESTABLISH  ONE  OR  MORE  COMMUNITY  ADVISORY
COMMITTEES TO CONSIDER AND ADVISE THE CORPORATION UPON MATTERS SUBMITTED
TO THEM BY THE CORPORATION CONCERNING THE DEVELOPMENT OF ANY AREA OR ANY
PROJECT,  AND  MAY  ESTABLISH RULES AND REGULATIONS WITH RESPECT TO SUCH
COMMITTEES. THE MEMBERS OF  SUCH  COMMUNITY  ADVISORY  COMMITTEES  SHALL
SERVE,  AT THE PLEASURE OF THE CORPORATION, WITHOUT SALARY, BUT SHALL BE
ENTITLED TO  REIMBURSEMENT  FOR  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED  IN THE PERFORMANCE OF THEIR DUTIES. NOTWITHSTANDING ANY INCON-
SISTENT PROVISION OF LAW, GENERAL,  SPECIAL  OR  LOCAL,  NO  OFFICER  OR
EMPLOYEE  OF THE STATE OR OF ANY CIVIL DIVISION THEREOF, SHALL BE DEEMED
TO HAVE FORFEITED OR SHALL FORFEIT HIS OFFICE OR EMPLOYMENT BY REASON OF
HIS ACCEPTANCE OF MEMBERSHIP ON SUCH COMMUNITY ADVISORY COMMITTEE.
  9. THE GOVERNOR MAY REMOVE ANY DIRECTOR APPOINTED BY HIM  FOR  INEFFI-
CIENCY,  BREACH  OF  FIDUCIARY  DUTY,  NEGLECT  OF DUTY OR MISCONDUCT IN
OFFICE AFTER BEING GIVEN A COPY OF THE CHARGES AGAINST HIM OR  HER,  AND
AN  OPPORTUNITY  TO  BE  HEARD, IN PERSON OR BY COUNSEL, IN HIS DEFENSE,
UPON NOT LESS THAN TEN DAYS' NOTICE.  IF  ANY  SUCH  DIRECTOR  SHALL  BE
REMOVED,  THE  GOVERNOR  SHALL  FILE  IN THE OFFICE OF THE DEPARTMENT OF
STATE A COMPLETE STATEMENT OF CHARGES MADE AGAINST SUCH DIRECTOR AND HIS
FINDINGS THEREON, TOGETHER WITH A COMPLETE RECORD OF THE PROCEEDING. THE
FOREGOING PROVISIONS SHALL NOT APPLY IN THE CASE OF THE CHAIRMAN AND ANY
OTHER DIRECTOR WHO SERVES AT THE PLEASURE OF THE GOVERNOR.
  10. THE CORPORATION AND ITS EXISTENCE SHALL CONTINUE UNTIL  TERMINATED
BY LAW, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL TAKE EFFECT SO LONG AS

S. 6609--A                         18                         A. 9709--A

THE  CORPORATION SHALL HAVE BONDS, NOTES AND OTHER OBLIGATIONS OUTSTAND-
ING, UNLESS ADEQUATE PROVISION HAS BEEN MADE FOR THE PAYMENT THEREOF  IN
THE  DOCUMENTS  SECURING  THE SAME. UPON TERMINATION OF THE EXISTENCE OF
THE  CORPORATION,  ALL  ITS  RIGHTS  AND PROPERTIES SHALL PASS TO AND BE
VESTED IN THE STATE.
  11. A MAJORITY OF THE DIRECTORS OF  THE  CORPORATION  THEN  IN  OFFICE
SHALL  CONSTITUTE  A  QUORUM  FOR THE TRANSACTION OF ANY BUSINESS OR THE
EXERCISE OF ANY POWER OR FUNCTION OF THE CORPORATION, EXCEPT  AS  OTHER-
WISE  PROVIDED IN SUBDIVISION TWO OF SECTION SIXTEEN OF THE URBAN DEVEL-
OPMENT CORPORATION ACT.  THE CORPORATION MAY DELEGATE TO ONE OR MORE  OF
ITS  DIRECTORS,  OR  ITS OFFICERS, AGENTS AND EMPLOYEES, SUCH POWERS AND
DUTIES AS IT MAY DEEM PROPER.
  12. THE CORPORATION SHALL TAKE  AFFIRMATIVE  ACTION  IN  WORKING  WITH
CONSTRUCTION  FIRMS,  CONTRACTORS  AND  SUBCONTRACTORS, LABOR UNIONS AND
MANUFACTURING AND INDUSTRIAL FIRMS, TO THE END THAT RESIDENTS  OF  AREAS
IN  WHICH  PROJECTS ARE TO BE LOCATED SHALL BE AFFORDED PARTICIPATION IN
THE CONSTRUCTION WORK ON PROJECTS OF THE CORPORATION, AND IN  THE  BUSI-
NESS  OPERATIONS  OF TENANTS AND OCCUPANTS OF INDUSTRIAL PROJECTS UNDER-
TAKEN BY THE CORPORATION.
  S 4. Economic development efficiency. In  order  to  promote  economic
development  efficiency  in  the state of New York, the transfers to the
New York state job development corporation  of  the  respective  powers,
functions  and affairs of the department of economic development and New
York  state  urban  development  corporation  are   hereby   authorized,
provided,  however, that with respect to the New York state urban devel-
opment corporation, that no such transfers to the  New  York  state  job
development  corporation shall take effect so long as the New York state
urban development corporation shall have bonds, notes  and  other  obli-
gations  outstanding,  unless  adequate  provision has been made for the
payment thereof in the documents securing the same.
  S 5. Transfer of powers of the department of economic development. The
functions and powers possessed by and all of the obligations and  duties
of  the  department  of economic development, as established pursuant to
the economic development law, the general municipal  law,  the  environ-
mental  conservation  law, the executive law, the state finance law, the
tax law and chapter 180 of the laws of 2009  shall  be  transferred  and
assigned  to,  and  assumed  by and devolved upon the New York state job
development corporation.   Notwithstanding the foregoing,  any  programs
specified in law to be administered by the department of economic devel-
opment  shall  be  administered  by  the  New York state job development
corporation only to the extent of available appropriations.
  S 6. Transfer of powers of the New York state urban development corpo-
ration. The functions and powers possessed by and all of the obligations
and duties and assets of the New York  state  urban  development  corpo-
ration,  as established pursuant to the New York state urban development
corporation act, the executive law, the state finance law, the tax  law,
the  New  York  state  urban development and research authority act, the
urban development guarantee fund of New York act, and chapter 180 of the
laws of 2009 shall be transferred and assigned to, and  assumed  by  and
devolved  upon the New York state job development corporation, provided,
however, that no such transfer, assignment,  assumption  and  devolution
shall take effect so long as the New York state urban development corpo-
ration shall have bonds, notes and other obligations outstanding, unless
adequate  provision  has  been made for the payment thereof in the docu-
ments securing the same. Upon such transfer, assignment, assumption  and
devolution  taking  effect, any programs specified in law to be adminis-

S. 6609--A                         19                         A. 9709--A

tered by New York state urban development corporation shall be  adminis-
tered  by  the  New  York  state job development corporation only to the
extent of available appropriations.
  S  7.  Abolition  of  the department of economic development. Upon the
transfer pursuant to this act of the functions and powers  possessed  by
and  all  of  the  obligations  and duties of the department of economic
development, as established pursuant to the  economic  development  law,
the general municipal law, the environmental conservation law, the exec-
utive  law,  the  state  finance law, the tax law and chapter 180 of the
laws of 2009, the department of economic development shall be abolished,
and sections 10  and  50  of  the  economic  development  law  shall  be
repealed.
  S  8.  Abolition  of the New York state urban development corporation.
Upon the transfer pursuant to this  act  of  the  functions  and  powers
possessed by and all of the obligations and duties of the New York state
urban  development  corporation, as established pursuant to the New York
state urban development corporation act, the executive  law,  the  state
finance  law,  the  tax  law,  the  New York state urban development and
research authority act, the urban development guarantee fund of New York
act and chapter 180 of the laws of 2009, the New York state urban devel-
opment corporation shall be abolished, and section 4  of  the  New  York
state  urban  development  corporation  act shall be repealed, provided,
however, that no such abolition and repeal shall take effect so long  as
the New York state urban development corporation shall have bonds, notes
and  other  obligations  outstanding, unless adequate provision has been
made for the payment thereof in the documents securing the same.
  S 9. Continuity of authority of the department  of  economic  develop-
ment.    Except as herein otherwise provided, upon the transfer pursuant
to this act of the functions and powers possessed  by  and  all  of  the
obligations  and  duties  of  the  department of economic development as
established pursuant to the economic development law, the general munic-
ipal law, the environmental conservation law,  the  executive  law,  the
state  finance  law,  the tax law and chapter 180 of the laws of 2009 to
the New York state job development corporation as prescribed by this act
for the purpose of succession of all functions, powers, duties and obli-
gations of the department of economic development, the  New  York  state
job  development  corporation  shall be deemed and be held to constitute
the continuation of such functions, powers, duties and  obligations  and
not a different agency or authority.
  S  10. Continuity of authority of the New York state urban development
corporation. Except as herein  otherwise  provided,  upon  the  transfer
pursuant  to  this  act of the functions and powers possessed by the New
York state urban development corporation and all of the obligations  and
duties  of  the  New  York state urban development corporation as estab-
lished pursuant to the New York state urban development corporation act,
the executive law, the state finance law, the  tax  law,  the  New  York
state  urban  development and research authority act, the urban develop-
ment guarantee fund of New York act and chapter 180 of the laws of  2009
to  the New York state job development corporation as prescribed by this
act for the purpose of succession of all functions, powers,  duties  and
obligations of the New York state urban development corporation, the New
York  state  job  development corporation shall be deemed and be held to
constitute the continuation of such functions, powers, duties and  obli-
gations  and  not  a  different  agency,  public benefit corporation, or
authority.

S. 6609--A                         20                         A. 9709--A

  S 11. Transfer of records of the department of  economic  development.
Upon  the  transfer  pursuant  to  this  act of the functions and powers
possessed by and all of the obligations and duties of the department  of
economic development as established pursuant to the economic development
law,  the general municipal law, the environmental conservation law, the
executive law, the state finance law, the tax law and chapter 180 of the
laws of 2009 to the  New  York  state  job  development  corporation  as
prescribed by this act, all books, papers, records and property pertain-
ing  to  the  department of economic development shall be transferred to
and maintained by the New York state job development corporation.
  S 12. Transfer of records of the  New  York  state  urban  development
corporation. Upon the transfer pursuant to this act of the functions and
powers  possessed  by  and  all of the obligations and duties of the New
York state urban development corporation as established pursuant to  the
New York state urban development corporation act, the executive law, the
state finance law, the tax law, the New York state urban development and
research authority act, the urban development guarantee fund of New York
act and chapter 180 of the laws of 2009 to the New York state job devel-
opment corporation as prescribed by this act, all books, papers, records
and  property  pertaining to the New York state urban development corpo-
ration shall be transferred to and maintained by the New York state  job
development corporation.
  S  13. Completion of unfinished business of the department of economic
development. Upon the transfer pursuant to this act of the functions and
powers possessed by and all of the obligations and duties of the depart-
ment of economic development as established  pursuant  to  the  economic
development  law, the general municipal law, the environmental conserva-
tion law, the executive law, the state finance  law,  the  tax  law  and
chapter  180  of  the laws of 2009 to the New York state job development
corporation as prescribed by this act,  any  business  or  other  matter
undertaken  or  commenced  by  the  department  of  economic development
pertaining to or connected with the functions, powers,  obligations  and
duties so transferred and assigned to the New York state job development
corporation  may  be  conducted  or  completed by the New York state job
development corporation.
  S 14. Completion of unfinished business of the New  York  state  urban
development  corporation.  Upon the transfer pursuant to this act of the
functions and powers possessed by and all of the obligations and  duties
of  the  New  York  state  urban  development corporation as established
pursuant to the New York state urban development  corporation  act,  the
executive  law,  the  state finance law, the tax law, the New York state
urban development and research  authority  act,  the  urban  development
guarantee  fund  of  New York act and chapter 180 of the laws of 2009 to
the New York state job development corporation  as  prescribed  by  this
act,  any  business  or  other matter undertaken or commenced by the New
York state urban development corporation pertaining to or connected with
the  functions,  powers,  obligations  and  duties  so  transferred  and
assigned  to  the  New  York  state  job  development corporation may be
conducted or completed by the New  York  state  job  development  corpo-
ration.
  S  15.  Terms  occurring  in  laws, contracts or other documents of or
pertaining to the department of economic development. Upon the  transfer
pursuant to this act of the functions and powers possessed by and all of
the  obligations and duties of the department of economic development as
established pursuant to the economic development law, the general munic-
ipal law, the environmental conservation law,  the  executive  law,  the

S. 6609--A                         21                         A. 9709--A

state  finance  law,  the tax law and chapter 180 of the laws of 2009 as
prescribed by this act, whenever the department of economic  development
and  the  commissioner  thereof,  the functions, powers, obligations and
duties  of  which  are transferred to the New York state job development
corporation are referred to or designated in any law, contract or  docu-
ment  pertaining to the functions, powers, obligations and duties trans-
ferred and assigned pursuant to this title,  such  reference  or  desig-
nation  shall  be  deemed to refer to the New York state job development
corporation and its president. Notwithstanding any law to the  contrary,
all  rights  and benefits, including terms and conditions of employment,
and protection of civil service and collective bargaining of all employ-
ees affected by the transfer of the department of  economic  development
to  the  New  York state job development corporation, shall be preserved
and protected under the transfer, and all transferred employees and  all
persons  newly  hired  by the New York state job development corporation
after the transfer, except for those  employees  whose  job  titles  are
identified  pursuant  to  a  personnel plan filed by the commissioner of
economic development with the civil service commission and  approved  by
the  commissioner of civil service, shall be considered for all purposes
of article fourteen of the civil service law public employees.  Notwith-
standing any other law to the contrary, employees  who  are  transferred
shall  remain  in  the  same  collective  bargaining  unit and any newly
created positions, except for those  job  titles  which  are  identified
pursuant to a personnel plan filed by the New York state job development
corporation president and approved by the commissioner of civil service,
shall  be  assigned  to the appropriate collective bargaining unit as if
they were employees of the state. All employees who are  transferred  to
the New York state job development corporation shall retain their rights
under subdivision 6 of section 52 and subdivisions 1 and 4 of section 70
of  the  civil service law to transfer to comparable jobs in state agen-
cies.  In the event of a reduction in work force  within  the  New  York
state job development corporation, former employees of the department of
economic  development will enjoy the protections provided under sections
78, 80, 80-a, 81 and 81-a of the civil service law, as though  still  in
the employment of the state of New York.
  S  16.  Terms  occurring  in  laws, contracts or other documents of or
pertaining to New York state urban  development  corporation.  Upon  the
transfer  pursuant  to this act of the functions and powers possessed by
and all of the obligations and duties of the New York state urban devel-
opment corporation as established pursuant to the New York  state  urban
development  corporation  act, the executive law, the state finance law,
the tax law, the New York state urban development and research authority
act, the urban development guarantee fund of New York  act  and  chapter
180 of the laws of 2009 as prescribed by this act, whenever the New York
state urban development corporation and the chairman or president there-
of,  the  functions,  powers, obligations and duties of which are trans-
ferred to the New York state job development corporation are referred to
or designated in any law, contract or document pertaining to  the  func-
tions,  powers, obligations and duties transferred and assigned pursuant
to this act, such reference or designation shall be deemed to  refer  to
the  New  York  state  job  development  corporation  and its president.
Notwithstanding any provision of law to the  contrary,  all  rights  and
benefits,  including  terms and conditions of employment, and protection
of employees affected by the transfer of the New York state urban devel-
opment corporation to the New York  state  job  development  corporation
shall  be  preserved  and  protected  under the transfer and all persons

S. 6609--A                         22                         A. 9709--A

newly hired by the New York state job development corporation after  the
transfer  except  for  those  employees  whose job titles are identified
pursuant to a personnel plan  filed  by  the  commissioner  of  economic
development  with  the  civil  service  commission  and  approved by the
commissioner of civil service, shall be considered for all  purposes  of
article 14 of the civil service law public employees.
  S  17. Existing rights and remedies of or pertaining to the department
of economic development preserved. Upon the transfer  pursuant  to  this
act  of the functions and powers possessed by and all of the obligations
and duties of the department  of  economic  development  as  established
pursuant to the economic development law, the general municipal law, the
environmental  conservation  law,  the  executive law, the state finance
law, the tax law and chapter 180 of the laws of 2009  to  the  New  York
state job development corporation as prescribed by this act, no existing
right  or  remedy  of  the  state,  including the department of economic
development, shall be lost, impaired or affected by reason of this act.
  S 18. Existing rights and remedies of or pertaining to New York  state
urban  development  corporation preserved. Upon the transfer pursuant to
this act of the functions and powers possessed by and all of  the  obli-
gations  and  duties of the New York state urban development corporation
as established pursuant to the New York state urban  development  corpo-
ration  act,  the executive law, the state finance law, the tax law, the
New York state urban development and research authority act,  the  urban
development  guarantee  fund of New York act and chapter 180 of the laws
of 2009 to the New York state job development corporation as  prescribed
by  this  act,  no  existing  right  or remedy of the New York state job
development corporation shall be lost, impaired or affected by reason of
this act.
  S 19. Pending actions and proceedings of or pertaining to the  depart-
ment  of economic development. Upon the transfer pursuant to this act of
the functions and powers possessed by and all  of  the  obligations  and
duties of the department of economic development as established pursuant
to the economic development law, the general municipal law, the environ-
mental  conservation  law, the executive law, the state finance law, the
tax law and chapter 180 of the laws of 2009 transfer  to  the  New  York
state  job  development corporation as prescribed by this act, no action
or proceeding pending on the effective date of this act, brought  by  or
against  the  department of economic development or commissioner thereof
shall be affected by any provision of this act,  but  the  same  may  be
prosecuted or defended in the name of the New York state job development
corporation. In all such actions and proceedings, the New York state job
development corporation, upon application to the court, shall be substi-
tuted as a party.
  S  20.  Pending  actions  and proceedings of or pertaining to New York
state urban development corporation. Upon the transfer pursuant to  this
act  of the functions and powers possessed by and all of the obligations
and duties of the New York state urban development corporation as estab-
lished pursuant to the New York state urban development corporation act,
the executive law, the state finance law, the  tax  law,  the  New  York
state  urban  development and research authority act, the urban develop-
ment guarantee fund of New York act and chapter 180 of the laws of  2009
transfer to the New York state job development corporation as prescribed
by  this  act,  no action or proceeding pending on the effective date of
this act, brought by or against the New  York  state  urban  development
corporation  or  the  chairman,  directors or president thereof shall be
affected by any provision of this act, but the same may be prosecuted or

S. 6609--A                         23                         A. 9709--A

defended in the name of the New York state job development  corporation.
In  all such actions and proceedings, the New York state job development
corporation, upon application to the court, shall be  substituted  as  a
party.
  S  21.  Continuation  of rules and regulations of or pertaining to the
department of economic development. Upon the transfer pursuant  to  this
act of the functions and powers possessed by and all the obligations and
duties of the department of economic development as established pursuant
to the economic development law, the general municipal law, the environ-
mental  conservation  law, the executive law, the state finance law, the
tax law and chapter 180 of the laws of 2009, transfer to  the  New  York
state  job development corporation as prescribed by this act, all rules,
regulations, acts, determinations and decisions  of  the  department  of
economic  development,  pertaining  to  the  functions  transferred  and
assigned by this act to the New York state job  development  corporation
in force at the time of such transfer, assignment, assumption or devolu-
tion  shall  continue  in  force and effect as rules, regulations, acts,
determinations and decisions of  the  New  York  state  job  development
corporation until duly modified or repealed.
  S  22.  Continuation  of rules and regulations of or pertaining to New
York state urban development corporation. Upon the transfer pursuant  to
this  act  of  the  functions  and powers possessed by and all the obli-
gations and duties of the New York state urban  development  corporation
as  established  pursuant to the New York state urban development corpo-
ration act, the executive law, the state finance law, the tax  law,  the
New  York  state urban development and research authority act, the urban
development guarantee fund of New York act and chapter 180 of  the  laws
of  2009,  transfer to the New York state job development corporation as
prescribed by this act, all rules, regulations, acts, determinations and
decisions of the New York state urban development corporation,  pertain-
ing  to  the  functions  transferred and assigned by this act to the New
York state job development corporation in force  at  the  time  of  such
transfer,  assignment,  assumption or devolution shall continue in force
and effect as rules, regulations, acts, determinations and decisions  of
the  New  York  state job development corporation until duly modified or
repealed.
  S 23. Transfer of appropriations heretofore made to the department  of
economic  development.  Upon  the  transfer  pursuant to this act of the
functions and powers possessed by and all of the obligations and  duties
of the department of economic development as established pursuant to the
economic  development  law, the general municipal law, the environmental
conservation law, the executive law, the state finance law, the tax  law
and  chapter  180 of the laws of 2009 to the New York state job develop-
ment corporation as prescribed by this act, all appropriations and reap-
propriations which shall have been made available as of the date of such
transfer to the department of economic development or segregated  pursu-
ant  to  law,  to  the  extent  of  remaining unexpended or unencumbered
balances thereof, whether allocated or unallocated and whether obligated
or unobligated, shall be transferred to and made available for  use  and
expenditure  by the New York state job development corporation and shall
be payable on vouchers certified or  approved  by  the  commissioner  of
taxation  and finance, on audit and warrant of the comptroller. Payments
of liabilities for expenses of personal services, maintenance and opera-
tion which shall have been incurred as of the date of such  transfer  by
the department of economic development, and for liabilities incurred and
to  be incurred in completing its affairs shall also be made on vouchers

S. 6609--A                         24                         A. 9709--A

certified or approved by the president of the New York state job  devel-
opment corporation, on audit and warrant of the comptroller.
  S 24. Transfer of appropriations heretofore made to the New York state
urban development corporation. Upon the transfer pursuant to this act of
the  functions  and  powers  possessed by and all of the obligations and
duties of the New York state urban  development  corporation  as  estab-
lished pursuant to the New York state urban development corporation, the
executive  law,  the  state finance law, the tax law, the New York state
urban development and research  authority  act,  the  urban  development
guarantee  fund  of  New York act and chapter 180 of the laws of 2009 to
the New York state job development corporation  as  prescribed  by  this
act,  all appropriations and reappropriations which shall have been made
available as of the date of such transfer to the New  York  state  urban
development  corporation or segregated pursuant to law, to the extent of
remaining unexpended or unencumbered balances thereof, whether allocated
or unallocated and whether obligated or  unobligated,  shall  be  trans-
ferred  to  and  made  available for use and expenditure by the New York
state job development corporation  and  shall  be  payable  on  vouchers
certified  or  approved  by the commissioner of taxation and finance, on
audit and warrant  of  the  comptroller.  Payments  of  liabilities  for
expenses  of  personal  services,  maintenance and operation which shall
have been incurred as of the date of such transfer by the New York state
urban development corporation, and for liabilities incurred  and  to  be
incurred in completing its affairs shall also be made on vouchers certi-
fied  or approved by the president of the New York state job development
corporation, on audit and warrant of the comptroller.
  S 25. Severability. If any clause,  sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in  its  operation  to  the
clause,  sentence,  paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
  S 26. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2010.

                                 PART M

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for  independent  colleges,  as added by section 1 of part D of
chapter 63 of the laws of 2005, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2010] 2011, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
effect the power and authority of the dormitory authority to perform its
obligations  with  respect  to  any  bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.

S. 6609--A                         25                         A. 9709--A

  S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  New York state higher education matching grant program for independ-
ent  colleges, as added by section 1 of part D of chapter 63 of the laws
of 2005, is amended to read as follows:
  (h) If a college [does] DID not apply for a POTENTIAL grant  by  March
31,  2009,  funds associated with such potential grant shall be awarded,
on a competitive basis, to other colleges, ACCORDING TO  THE  PRIORITIES
SET  FORTH  BELOW.  Colleges  shall  be eligible to apply for unutilized
grants.  IN SUCH CASES, THE FOLLOWING  PRIORITIES  SHALL  APPLY:  FIRST,
PRIORITY SHALL BE GIVEN TO OTHERWISE ELIGIBLE COLLEGES THAT EITHER WERE,
OR WOULD HAVE BEEN, DEEMED INELIGIBLE FOR THE PROGRAM PRIOR TO MARCH 31,
2009,  DUE  TO  MISSED  DEADLINES,  INSUFFICIENT MATCHING FUNDS, LACK OF
ACCREDITATION OR OTHER DISQUALIFYING  REASONS;  AND  SECOND,  AFTER  THE
BOARD  HAS  ACTED  UPON  ALL SUCH FIRST-PRIORITY APPLICATIONS FOR UNUSED
FUNDS, IF ANY SUCH FUNDS REMAIN, THOSE  FUNDS  SHALL  BE  AVAILABLE  FOR
DISTRIBUTION  TO  ELIGIBLE  COLLEGES  THAT  ARE  LOCATED WITHIN THE SAME
REGENTS OF THE STATE OF NEW  YORK  REGION  FOR  WHICH  SUCH  FUNDS  WERE
ORIGINALLY  ALLOCATED.  The  dormitory authority shall develop a request
for proposals and application process, in consultation with  the  board,
for  such  grants  and  shall develop criteria, subject to review by the
board, for the awarding of such grants. Such criteria shall  incorporate
the  matching  criteria  contained in paragraph (c) of this subdivision,
and the application criteria set forth in paragraph (e) of this subdivi-
sion. The dormitory authority shall require all applications in response
to the request for proposals to be  submitted  by  September  1,  [2009]
2010,  and  the  board  shall  act on each application for such matching
grants by November 1, [2009] 2010.
  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law and other laws implementing the state fiscal plan for the  2005-2006
state  fiscal year, relating to New York state higher education matching
grant program for independent colleges, as added by section 1 of part  D
of chapter 63 of the laws of 2005, is amended to read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary,  and  subject  to  the provisions of chapter 59 of the laws of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er education capital matching grants, the  director  of  the  budget  is
authorized  in  any  state  fiscal  year commencing April 1, 2005 or any
state fiscal year thereafter for a period ending  on  March  31,  [2010]
2011,  to  enter into one or more service contracts, none of which shall
exceed 30 years in duration, with the  dormitory  authority,  upon  such
terms as the director of the budget and the dormitory authority agree.
  S  4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005 amending the labor law and other laws  implement-
ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
to New York state higher education matching grant program for  independ-
ent  colleges, as added by section 1 of part D of chapter 63 of the laws
of 2005, is amended to read as follows:
  (b) Any eligible institution receiving a grant pursuant to this  arti-
cle shall report to the dormitory authority no later than June 1, [2008]
2011,  on  the use of funding received and its programmatic and economic
impact. The dormitory authority shall submit  a  report  no  later  than
November  1, [2008] 2011 to the board, the governor, the director of the

S. 6609--A                         26                         A. 9709--A

budget, the temporary president of the senate, and the  speaker  of  the
assembly  on the aggregate impact of the higher education capital match-
ing grant program. Such report shall provide information on the progress
and economic impact of [each] SUCH project.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART N

  Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
the  New  York  state  urban  development corporation act, is amended by
adding a new section 16-t to read as follows:
  S 16-T. SMALL BUSINESS REVOLVING LOAN  FUND.  1.  THE  SMALL  BUSINESS
REVOLVING  LOAN  FUND  PROGRAM  IS  HEREBY  CREATED.  THE CORPORATION IS
AUTHORIZED, WITHIN AVAILABLE APPROPRIATIONS,  TO  PROVIDE  LOW  INTEREST
LOANS TO LOCAL COMMUNITY BASED LENDING ORGANIZATIONS, INCLUDING COMMUNI-
TY  DEVELOPMENT  FINANCIAL  INSTITUTIONS (CDFIS), SMALL BUSINESS LENDING
CONSORTIA, CERTIFIED DEVELOPMENT COMPANIES, PROVIDERS OF  UNITED  STATES
DEPARTMENT  OF  AGRICULTURE  BUSINESS  AND  INDUSTRIAL GUARANTEED LOANS,
UNITED STATES  SMALL  BUSINESS  ADMINISTRATION  LOAN  PROVIDERS,  CREDIT
UNIONS  AND COMMUNITY BANKS, IN ORDER TO PROVIDE FUNDING FOR THOSE LEND-
ING ORGANIZATIONS' LOANS TO SMALL BUSINESSES, LOCATED  WITHIN  NEW  YORK
STATE,  THAT  GENERATE  ECONOMIC GROWTH AND JOB CREATION WITHIN NEW YORK
STATE BUT THAT ARE UNABLE TO OBTAIN ADEQUATE CREDIT  OR  ADEQUATE  TERMS
FOR  SUCH CREDIT. AS USED IN THIS SECTION "SMALL BUSINESS" MEANS A BUSI-
NESS THAT IS RESIDENT IN NEW YORK STATE, INDEPENDENTLY OWNED  AND  OPER-
ATED,  NOT  DOMINANT  IN  ITS  FIELD,  AND  EMPLOYS ONE HUNDRED OR FEWER
PERSONS.
  2. IN ORDER FOR A LENDING  ORGANIZATION  TO  BE  ELIGIBLE  TO  RECEIVE
PROGRAM  FUNDS, IT MUST HAVE ESTABLISHED SUFFICIENT EXPERTISE TO ANALYZE
SMALL BUSINESS APPLICATIONS FOR PROGRAM LOANS, EVALUATE  THE  CREDITWOR-
THINESS  OF  SMALL  BUSINESSES, AND REGULARLY MONITOR PROGRAM LOANS. THE
LENDING ORGANIZATION SHALL REVIEW  EVERY  PROGRAM  LOAN  APPLICATION  IN
ORDER  TO DETERMINE, AMONG OTHER THINGS, THE FEASIBILITY OF THE PROPOSED
USE OF THE REQUESTED FINANCING BY  THE  SMALL  BUSINESS  APPLICANT,  THE
LIKELIHOOD  OF  REPAYMENT  AND THE POTENTIAL THAT THE LOAN WILL GENERATE
ECONOMIC DEVELOPMENT AND JOBS WITHIN NEW  YORK  STATE.  THE  CORPORATION
SHALL  IDENTIFY  ELIGIBLE  LENDING  ORGANIZATIONS  THROUGH  ONE  OR MORE
COMPETITIVE STATEWIDE OR LOCAL SOLICITATIONS.
  3. PROGRAM LOANS TO SMALL BUSINESSES SHALL BE USED  FOR  THE  CREATION
AND  RETENTION  OF  JOBS, AS DEFINED BY THE CORPORATION, INCLUDING:  (A)
WORKING CAPITAL; (B) THE ACQUISITION AND/OR IMPROVEMENT OF REAL  PROPER-
TY; (C) THE ACQUISITION OF MACHINERY AND EQUIPMENT, PROPERTY OR IMPROVE-
MENT;  OR  (D)  THE  REFINANCING OF DEBT OBLIGATIONS. THERE SHALL BE TWO
CATEGORIES OF LOANS TO SMALL BUSINESSES: A MICRO LOAN THAT SHALL HAVE  A
PRINCIPAL  AMOUNT  THAT  IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS AND A
REGULAR  LOAN  THAT  SHALL  HAVE  A  PRINCIPAL  AMOUNT  NOT  LESS   THAN
TWENTY-FIVE  THOUSAND  DOLLARS.  PRIOR  TO  RECEIVING PROGRAM FUNDS, THE
LENDING ORGANIZATION MUST CERTIFY TO  THE  CORPORATION  THAT  SUCH  LOAN
COMPLIES WITH THIS SECTION AND RULES AND REGULATIONS PROMULGATED FOR THE
PROGRAM  AND THAT THE LENDING ORGANIZATION HAS PERFORMED ITS OBLIGATIONS
PURSUANT TO AND IS IN COMPLIANCE WITH THIS SECTION,  THE  PROGRAM  RULES
AND  REGULATIONS AND ALL AGREEMENTS ENTERED INTO BETWEEN THE CORPORATION
AND THE LENDING ORGANIZATION.   THE PROGRAM FUNDS  AMOUNT  USED  BY  THE
LENDING  ORGANIZATION TO FUND A PROGRAM APPLICANT LOAN SHALL NOT BE MORE
THAN FIFTY PERCENT OF THE PRINCIPAL AMOUNT OF SUCH LOAN.    THE  PROGRAM

S. 6609--A                         27                         A. 9709--A

FUNDS  AMOUNT  USED BY THE LENDING ORGANIZATION TO FUND A PROGRAM APPLI-
CANT LOAN SHALL NOT BE GREATER THAN ONE HUNDRED AND TWENTY-FIVE THOUSAND
DOLLARS.
  4. PROGRAM FUNDS SHALL NOT BE USED FOR: (A) PROJECTS THAT WOULD RESULT
IN THE RELOCATION OF ANY BUSINESS OPERATION FROM ONE MUNICIPALITY WITHIN
THE  STATE TO ANOTHER, EXCEPT UNDER ONE OF THE FOLLOWING CONDITIONS: (I)
WHEN A BUSINESS IS RELOCATING WITHIN A MUNICIPALITY WITH A POPULATION OF
AT LEAST ONE MILLION WHERE  THE  GOVERNING  BODY  OF  SUCH  MUNICIPALITY
APPROVES SUCH RELOCATION; OR (II) THE LENDING ORGANIZATION NOTIFIES EACH
MUNICIPALITY  FROM  WHICH  SUCH BUSINESS OPERATION WILL BE RELOCATED AND
EACH MUNICIPALITY AGREES TO SUCH RELOCATION; (B) PROJECTS OF NEWSPAPERS,
BROADCASTING OR OTHER NEWS MEDIA; MEDICAL FACILITIES, LIBRARIES,  COMMU-
NITY  OR  CIVIC  CENTERS; OR PUBLIC INFRASTRUCTURE IMPROVEMENTS; AND (C)
PROVIDING FUNDS, DIRECTLY OR INDIRECTLY, FOR PAYMENT,  DISTRIBUTION,  OR
AS A LOAN, TO OWNERS, MEMBERS, PARTNERS OR SHAREHOLDERS OF THE APPLICANT
BUSINESS, EXCEPT AS ORDINARY INCOME FOR SERVICES RENDERED.
  5.  WITH  RESPECT  TO  ITS PROGRAM LOANS, THE LENDING ORGANIZATION MAY
CHARGE APPLICATION, COMMITMENT AND LOAN GUARANTEE  FEES  PURSUANT  TO  A
SCHEDULE OF FEES ADOPTED BY THE LENDING ORGANIZATION AND APPROVED BY THE
CORPORATION.
  6.  PROGRAM  FUNDS SHALL BE DISBURSED TO A LENDING ORGANIZATION BY THE
CORPORATION IN THE FORM OF A LOAN TO THE LENDING ORGANIZATION.  THE TERM
OF THE LOAN SHALL COMMENCE UPON DISBURSEMENT OF THE PROGRAM FUNDS BY THE
CORPORATION TO THE LENDING ORGANIZATION.   THE LOAN SHALL  CARRY  A  LOW
INTEREST  RATE  DETERMINED  BY  THE CORPORATION BASED ON THEN PREVAILING
INTEREST RATES  AND  THE  CIRCUMSTANCES  OF  THE  LENDING  ORGANIZATION.
NOTWITHSTANDING  THE PERFORMANCE OF THE LOANS MADE BY THE LENDING ORGAN-
IZATION USING PROGRAM  FUNDS,  THE  LENDING  ORGANIZATION  SHALL  REMAIN
LIABLE  TO  THE  CORPORATION WITH RESPECT TO ANY UNPAID AMOUNTS DUE FROM
THE LENDING ORGANIZATION PURSUANT TO  THE  TERMS  OF  THE  CORPORATION'S
LOANS  TO  THE LENDING ORGANIZATION.   IN ADDITION, A PORTION OF PROGRAM
FUNDS MAY BE DISBURSED TO A LENDING ORGANIZATION IN THE FORM OF A  GRANT
OR  FORGIVABLE LOAN, PROVIDED THOSE FUNDS ARE USED BY THE LENDING ORGAN-
IZATION FOR ADMINISTRATIVE EXPENSES ASSOCIATED WITH THE FUND,  LOAN-LOSS
RESERVES, OR OTHER ELIGIBLE EXPENSES AS DETERMINED BY THE CORPORATION.
  7.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, THE CORPO-
RATION MAY ESTABLISH A PROGRAM FUND FOR PROGRAM USE AND  PAY  INTO  SUCH
FUND  ANY  FUNDS  AVAILABLE  TO THE CORPORATION FROM ANY SOURCE THAT ARE
ELIGIBLE FOR PROGRAM USE, INCLUDING MONEYS APPROPRIATED BY THE STATE.
  8. WITH RESPECT TO A LENDING ORGANIZATION PROGRAM LOAN APPLICANTS,  NO
PERSON  WHO  IS  A MEMBER OF THE BOARD OR OTHER GOVERNING BODY, OFFICER,
EMPLOYEE, OR MEMBER OF A LOAN COMMITTEE, OR A FAMILY MEMBER OF ANY  SUCH
LENDING  ORGANIZATION SHALL PARTICIPATE IN ANY DECISION ON SUCH APPLICA-
TION IF SUCH PERSON IS A PARTY TO OR HAS A FINANCIAL OR PERSONAL  INTER-
EST  IN  SUCH LOAN. ANY PERSON WHO CANNOT PARTICIPATE IN A LOAN APPLICA-
TION DECISION FOR SUCH REASONS SHALL NOT BE COUNTED AS A MEMBER  OF  THE
LOAN  COMMITTEE, BOARD OR OTHER GOVERNING BODY FOR PURPOSES OF DETERMIN-
ING THE NUMBER OF MEMBERS REQUIRED FOR APPROVAL OF SUCH APPLICATION.
  9. THE LENDING ORGANIZATION SHALL SUBMIT  TO  THE  CORPORATION  ANNUAL
REPORTS STATING: THE NUMBER OF PROGRAM LOANS MADE; THE AMOUNT OF PROGRAM
FUNDING  USED  FOR  LOANS; THE USE OF LOAN PROCEEDS BY THE BORROWER; THE
NUMBER OF JOBS CREATED OR RETAINED; A DESCRIPTION OF THE ECONOMIC DEVEL-
OPMENT GENERATED; THE STATUS OF EACH OUTSTANDING PROGRAM LOAN; AND  SUCH
OTHER INFORMATION AS THE CORPORATION MAY REQUIRE.
  10.  THE CORPORATION MAY CONDUCT AUDITS OF THE LENDING ORGANIZATION IN
ORDER TO ENSURE COMPLIANCE WITH THE  PROVISIONS  OF  THIS  SECTION,  ANY

S. 6609--A                         28                         A. 9709--A

REGULATIONS  PROMULGATED WITH RESPECT THERETO AND AGREEMENTS BETWEEN THE
LENDING ORGANIZATION AND THE CORPORATION OF ALL ASPECTS OF  THE  USE  OF
PROGRAM  FUNDS  AND  PROGRAM  LOAN  TRANSACTIONS.  IN THE EVENT THAT THE
CORPORATION  FINDS SUBSTANTIVE NONCOMPLIANCE, THE CORPORATION MAY TERMI-
NATE THE LENDING ORGANIZATION'S PARTICIPATION IN THE PROGRAM.
  11. UPON TERMINATION OF A LENDING ORGANIZATION'S PARTICIPATION IN  THE
PROGRAM,  THE  LENDING  ORGANIZATION  SHALL  RETURN  TO THE CORPORATION,
PROMPTLY AFTER ITS DEMAND THEREFOR, ALL PROGRAM FUND  PROCEEDS  HELD  BY
THE LENDING ORGANIZATION; AND PROVIDE TO THE CORPORATION, PROMPTLY AFTER
ITS  DEMAND THEREFOR, AN ACCOUNTING OF ALL PROGRAM FUNDS RECEIVED BY THE
LENDING ORGANIZATION, INCLUDING ALL  CURRENTLY  OUTSTANDING  LOANS  THAT
WERE  MADE  USING  PROGRAM  FUNDS. NOTWITHSTANDING SUCH TERMINATION, THE
LENDING ORGANIZATION SHALL REMAIN LIABLE TO THE CORPORATION WITH RESPECT
TO ANY UNPAID AMOUNTS DUE FROM THE LENDING ORGANIZATION PURSUANT TO  THE
TERMS OF THE CORPORATION'S LOANS TO THE LENDING ORGANIZATION.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART O

  Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
the  New  York  state  urban  development corporation act, is amended by
adding a new section 16-u to read as follows:
  S 16-U. NEW TECHNOLOGY SEED FUND. 1. THE NEW TECHNOLOGY SEED  FUND  IS
HEREBY  CREATED.  THE PURPOSE OF THE NEW TECHNOLOGY SEED FUND IS TO MAKE
AVAILABLE STATE FUNDS TO VENTURE CAPITAL  AND  OTHER  SIMILAR  FIRMS  TO
SUPPORT  EMERGING BUSINESS IDEAS AND PRODUCTS THAT MAY EVENTUALLY RESULT
IN THE GROWTH OF BUSINESS WITHIN THE STATE AND THE CONCOMITANT  CREATION
OF  JOBS  AND TAX REVENUES FOR THE STATE. IT IS EXPECTED THAT THE APPLI-
CANT WILL PROVIDE MATCHING FUNDS AND SHARE THE RISK AND BENEFIT WITH THE
CORPORATION FOR ANY DEVELOPMENT FUNDED UNDER THIS PROGRAM. THE APPLICANT
WILL BE RESPONSIBLE FOR SELECTING THE BENEFICIARY  COMPANIES  THAT  WILL
RECEIVE THE BENEFIT OF THE NEW TECHNOLOGY SEED FUNDS AND ENSURE THAT THE
FUNDS ARE EXPENDED IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.
  2.  THE  CORPORATION  IS  AUTHORIZED  TO  MAKE INVESTMENTS IN ELIGIBLE
APPLICANTS AND TO PAY ALL OF THE FUND-RELATED, OUT-OF-POCKET EXPENSES OF
THE CORPORATION FROM THE NEW TECHNOLOGY SEED FUND FOR  THE  PURPOSES  OF
FURTHERING  THE  ECONOMIC DEVELOPMENT GOALS SET FORTH IN SUBDIVISION ONE
OF THIS SECTION.
  3. ELIGIBLE APPLICANTS FOR  NEW  TECHNOLOGY  SEED  FUNDS  MAY  INCLUDE
REGIONAL AND LOCAL ECONOMIC DEVELOPMENT ORGANIZATIONS, TECHNOLOGY DEVEL-
OPMENT  ORGANIZATIONS,  RESEARCH UNIVERSITIES, AND INVESTMENT FUNDS THAT
PROVIDE SMALL-SCALE OR EARLY-STAGE INVESTMENTS IN NEW YORK STATE  COMPA-
NIES.
  4.  FUNDING FROM THE NEW TECHNOLOGY SEED FUND MAY BE MADE AVAILABLE TO
THE APPLICANT FOR INVESTMENT IN BENEFICIARY COMPANIES. IN  ORDER  TO  BE
ELIGIBLE  FOR  AN INVESTMENT THAT INCLUDES NEW TECHNOLOGY SEED FUNDS, AN
ELIGIBLE BENEFICIARY COMPANY MUST (A) BE LOCATED WITHIN NEW YORK  STATE;
(B)  BE  IN  THE SEED-STAGE OR EARLY-STAGE OF DEVELOPMENT, AS DEFINED BY
THE CORPORATION; AND (C) HAVE POTENTIAL TO GENERATE  ADDITIONAL  PRIVATE
INVESTMENT  WITHIN  THE STATE, CREATE JOBS WITHIN THE STATE OR OTHERWISE
GENERATE ECONOMIC DEVELOPMENT  ACTIVITY  WITHIN  THE  STATE.  INVESTMENT
PRIORITY  SHALL  BE  GIVEN TO BENEFICIARY COMPANIES INVOLVED IN RESEARCH
AND DEVELOPMENT OR HIGH TECHNOLOGY MANUFACTURING, AND  THAT  DEMONSTRATE
THE  POTENTIAL FOR SUBSTANTIAL GROWTH AND JOB DEVELOPMENT IN AN EMERGING

S. 6609--A                         29                         A. 9709--A

TECHNOLOGY FIELD, AS DEFINED IN SECTION THIRTY-ONE HUNDRED TWO-E OF  THE
PUBLIC AUTHORITIES LAW OR AS ADOPTED BY THE BOARD.
  5.  APPLICATIONS FOR NEW TECHNOLOGY SEED FUNDS WILL BE RECEIVED BY THE
CORPORATION THROUGH A COMPETITIVE  PROCESS  ESTABLISHED  BY  THE  CORPO-
RATION.    APPLICATIONS  WILL  BE  EVALUATED ON CRITERIA SUCH AS (A) THE
APPLICANT'S EXPERIENCE, STAFF, MANAGEMENT, AND FINANCIAL  RESOURCES  FOR
IDENTIFYING  AND  INVESTING  IN SEED-STAGE AND EARLY-STAGE COMPANIES AND
FOR COMMERCIALIZING EMERGING TECHNOLOGY; (B) THE APPLICANT'S ABILITY  TO
SECURE  NON-STATE  MATCHING PROGRAM FUNDS AT A RATIO THAT IS EQUAL TO OR
GREATER THAN ONE TO ONE (1:1); (C) PARTNERSHIPS WITH LOCAL  OR  REGIONAL
INVESTORS;  AND  (D)  OTHER  CRITERIA THAT THE CORPORATION DETERMINES IS
RELEVANT TO MAKING INVESTMENT DECISIONS CONSISTENT WITH THE PURPOSES  OF
THE FUND AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
  6.  IN  ACCORDANCE WITH THE RULES AND REGULATIONS TO BE PROMULGATED BY
THE CORPORATION, THE CORPORATION MAY IMPOSE  FEES,  ESTABLISH  REPAYMENT
TERMS  AND  PROVIDE  FOR  EQUITY  PARTICIPATION  BY  THE  CORPORATION IN
CONNECTION WITH INVESTMENTS FROM THE NEW TECHNOLOGY SEED FUND.
  7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  THE  CORPO-
RATION  MAY  ESTABLISH  A PROGRAM FUND FOR PROGRAM USE AND PAY INTO SUCH
FUND ANY FUNDS AVAILABLE TO THE CORPORATION FROM  ANY  SOURCE  THAT  ARE
ELIGIBLE FOR PROGRAM USE, INCLUDING MONEYS APPROPRIATED BY THE STATE.
  8.  THE CORPORATION SHALL SUBMIT A REPORT TO THE DIRECTOR OF THE BUDG-
ET, THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINOR-
ITY LEADER OF THE  SENATE  AND  THE  MINORITY  LEADER  OF  THE  ASSEMBLY
CONSISTENT  WITH  SECTION  TWENTY-NINE HUNDRED TWENTY-FIVE OF THE PUBLIC
AUTHORITIES LAW.
  9. THE CORPORATION IS HEREBY AUTHORIZED TO PROMULGATE RULES AND  REGU-
LATIONS IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT AS ARE
NECESSARY TO FULFILL THE PURPOSES OF THIS SECTION.
  10.  THE  PROVISIONS  OF  SECTION  TEN  AND SUBDIVISION TWO OF SECTION
SIXTEEN OF THIS ACT SHALL NOT APPLY TO ASSISTANCE  PROVIDED  UNDER  THIS
SECTION.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART P

  Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
New  York state urban development corporation act relating to the powers
of the New York state urban development corporation to  make  loans,  as
amended  by  section  1  of part X of chapter 59 of the laws of 2009, is
amended to read as follows:
  S 2. This act shall take effect immediately [provided,  however,  that
section  one of this act shall expire on July 1, 2010, at which time the
provisions of subdivision 26 of section 5 of the New  York  state  urban
development corporation act shall be deemed repealed; provided, however,
that  neither  the  expiration  nor  the  repeal  of such subdivision as
provided for herein shall be deemed to affect or impair  in  any  manner
any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal].
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2010.

                                 PART Q

S. 6609--A                         30                         A. 9709--A

  Section  1. Notwithstanding any provisions of law to the contrary, the
New York state urban  development  corporation  is  authorized  to  make
contributions  totaling  $29.4  million to the New York City Empowerment
Zone, $10 million for the New Technology Seed Fund, and  $7  million  to
the  Governors Island Preservation and Education Corporation from excess
funds paid to the New York state urban development corporation  pursuant
to  the  provisions of the public authorities control board resolutions,
04-UD-838A and 06-UD-900.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2010.

                                 PART R

  Section  1.  Subdivision  1  of section 902 of the racing, pari-mutuel
wagering and breeding law, as added by chapter 60 of the laws  of  1993,
is amended to read as follows:
  1.  In  order  to assure the public's confidence and continue the high
degree of integrity in racing at the pari-mutuel betting tracks,  equine
drug  testing  at  race  meetings  shall  be  conducted by a [land grant
university] STATE COLLEGE within this state with [a regents] AN approved
[veterinary college facility] EQUINE SCIENCE PROGRAM.  The state  racing
and  wagering board shall promulgate any rules and regulations necessary
to implement the provisions of this  section,  including  administrative
penalties of loss of purse money, fines, or denial, suspension, or revo-
cation of a license for racing drugged horses.
  S  2.  The  opening  paragraph  of subdivision 2 of section 228 of the
racing, pari-mutuel wagering and breeding law, as amended by chapter 400
of the laws of 2009, is amended to read as follows:
  The state racing and wagering board shall, as a condition  of  racing,
require  any  franchised corporation and every other corporation subject
to its jurisdiction to withhold one percent of all purses,  except  that
for  the  franchised corporation, starting on September first, two thou-
sand seven and continuing through August thirty-first, two thousand ten,
two percent of all purses shall be withheld, and, in  the  case  of  the
franchised  corporation,  to pay such sum to the horsemen's organization
or its successor that was first entitled to receive payments pursuant to
this section in accordance with rules of  the  board  adopted  effective
November  third,  nineteen  hundred  eighty-three  representing at least
fifty-one percent of the owners and trainers utilizing the facilities of
such franchised corporation,  on  the  condition  that  such  horsemen's
organization  shall  expend  as  much as is necessary, but not to exceed
one-half of one percent of such total sum, to acquire and  maintain  the
equipment  required  to establish a program at a [land grant university]
STATE COLLEGE within this state with [a regents] AN approved [veterinary
college facility,] EQUINE SCIENCE PROGRAM to test for  the  presence  of
steroids  in  horses,  provided  further that the qualified organization
shall also, in an amount to be determined by  its  board  of  directors,
annually  include in its expenditures for benevolence programs, funds to
support an organization  providing  services  necessary  to  backstretch
employees,  and, in the case of every other corporation, to pay such one
percent sum of purses to the horsemen's organization  or  its  successor
that  was first entitled to receive payments pursuant to this section in
accordance with rules of the board adopted effective  May  twenty-third,
nineteen  hundred  eighty-six representing at least fifty-one percent of
the owners and trainers utilizing the facilities of such corporation.
  S 3. This act shall take effect immediately.

S. 6609--A                         31                         A. 9709--A

                                 PART S

  Section  1. Subdivision 3 of section 99-h of the state finance law, as
amended by section 1 of part QQ of chapter 59 of the laws  of  2009,  is
amended to read as follows:
  3.  Moneys  of  the  account[, following appropriation by the legisla-
ture,] shall be available for purposes including but not limited to: (a)
reimbursements or payments to municipal  governments  that  host  tribal
casinos  pursuant  to  a  tribal-state  compact  for  costs  incurred in
connection with services provided to such casinos or arising as a result
thereof,  for  economic  development  opportunities  and  job  expansion
programs  authorized  by  the executive law; provided, however, that for
any gaming facility located in the city of Buffalo, the city of  Buffalo
shall  receive  a  minimum  of  twenty-five  percent  of  the negotiated
percentage of the net drop from  electronic  gaming  devices  the  state
receives  pursuant  to  the  compact,  and provided further that for any
gaming facility located in the city of Niagara Falls, county of  Niagara
a minimum of twenty-five percent of the negotiated percentage of the net
drop  from  electronic gaming devices the state receives pursuant to the
compact shall be distributed in accordance with subdivision four of this
section, and provided further that for any gaming  facility  located  in
the  county  or  counties  of  Cattaraugus,  Chautauqua or Allegany, the
municipal governments of the state hosting the  facility  shall  collec-
tively  receive  a  minimum  of  twenty-five  percent  of the negotiated
percentage of the net drop from  electronic  gaming  devices  the  state
receives  pursuant to the compact; and provided further that pursuant to
chapter five hundred ninety of the laws of two thousand four, a  minimum
of twenty-five percent of the revenues received by the state pursuant to
the state's compact with the St. Regis Mohawk tribe shall be made avail-
able to the counties of Franklin and St. Lawrence, and affected towns in
such  counties.  Each  such  county and its affected towns shall receive
fifty percent of the moneys made available by the state; and (b) support
and services of treatment programs for persons suffering  from  gambling
addictions. Moneys not [appropriated] DESIGNATED for such purposes shall
be  transferred to the general fund for the support of government during
the fiscal year in which they are received.
  S 2. Subdivision 3 of section  99-h  of  the  state  finance  law,  as
amended  by  section  1  of part V of chapter 59 of the laws of 2006, is
amended to read as follows:
  3. Moneys of the account[, following  appropriation  by  the  legisla-
ture,] shall be available for purposes including but not limited to: (a)
reimbursements  or  payments  to  municipal governments that host tribal
casinos pursuant  to  a  tribal-state  compact  for  costs  incurred  in
connection with services provided to such casinos or arising as a result
thereof,  for  economic  development  opportunities  and  job  expansion
programs authorized by the executive law; provided,  however,  that  for
any gaming facility located in the county of Erie or Niagara, the munic-
ipal governments hosting the facility shall collectively receive a mini-
mum  of twenty-five percent of the negotiated percentage of the net drop
from electronic gaming  devices  the  state  receives  pursuant  to  the
compact and provided further that for any gaming facility located in the
county or counties of Cattaraugus, Chautauqua or Allegany, the municipal
governments of the state hosting the facility shall collectively receive
a minimum of twenty-five percent of the negotiated percentage of the net
drop  from  electronic gaming devices the state receives pursuant to the
compact; and provided further that  pursuant  to  chapter  five  hundred

S. 6609--A                         32                         A. 9709--A

ninety  of  the  laws  of  two  thousand  four, a minimum of twenty-five
percent of the revenues received by the state pursuant  to  the  state's
compact  with  the St. Regis Mohawk tribe shall be made available to the
counties  of Franklin and St. Lawrence, and affected towns in such coun-
ties. Each such county  and  its  affected  towns  shall  receive  fifty
percent  of  the moneys made available by the state; and (b) support and
services of treatment  programs  for  persons  suffering  from  gambling
addictions. Moneys not [appropriated] DESIGNATED for such purposes shall
be  transferred to the general fund for the support of government during
the fiscal year in which they are received.
  S 3. Clause 5 of subparagraph (ii) of paragraph (a) of  subdivision  4
of  section  99-h  of  the state finance law, as amended by section 2 of
part QQ of chapter 59 of the  laws  of  2009,  is  amended  to  read  as
follows:
  (5)  within  thirty-five days upon receipt of such funds by such city,
one percent [or three  hundred  fifty  thousand  dollars,  whichever  is
greater,]  of  the  total  annual  amount  received in each year, NOT TO
EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS ANNUALLY,  shall  be  trans-
ferred  to  the  Niagara Falls Underground Railroad Heritage Commission,
established pursuant to article forty-three of the parks, recreation and
historic preservation law to be used for, but not limited  to,  develop-
ment,  capital  improvements, acquisition of real property, and acquisi-
tion of personal property within  the  heritage  area  in  the  city  of
Niagara Falls as established pursuant to the commission; and
  S 4. This act shall take effect immediately; provided that:
  (a)  the  amendments  to  subdivision  3  of section 99-h of the state
finance law made by section one of this act  shall  be  subject  to  the
expiration  and reversion of such section pursuant to section 2 of chap-
ter 747 of the laws of  2006,  as  amended,  when  upon  such  date  the
provisions of section two of this act shall take effect; and
  (b)  the  amendments to clause 5 of subparagraph (ii) of paragraph (a)
of subdivision 4 of section 99-h  of  the  state  finance  law  made  by
section  three  of  this  act  shall  not  affect the expiration of such
section and shall be deemed to expire therewith.

                                 PART T

  Section 1. Section 107 of the agriculture and markets law, as added by
chapter 220 of the laws of 1978, subdivision 1 as amended by chapter 473
of the laws of 1995, subdivision 3 as amended by chapter 619 of the laws
of 1987 and subdivision 5 as added by chapter 530 of the laws  of  1997,
is amended to read as follows:
  S 107. Application.  1.  This  article shall apply to all areas of the
state except any city having a population of over  two  million  [except
that  the  provisions  in this article relating to the animal population
control program shall be applicable to the entire state].
  2. In the event that any dog owned by a resident of any city having  a
population  of  over  two  million or by a non-resident of this state is
harbored within this state outside of any such city, THE LICENSING MUNI-
CIPALITY IN WHICH SUCH ANIMAL IS HARBORED MAY EXEMPT such dog [shall  be
exempt] from the identification and licensing provisions of this article
for  a  period  of thirty days provided such dog is licensed pursuant to
the provisions of law of the area of residence.
  3. This article shall not apply to any dog confined to the premises of
any public or private hospital devoted solely to the treatment  of  sick

S. 6609--A                         33                         A. 9709--A

animals, or confined for the purposes of research to the premises of any
college or other educational or research institution.
  4. This article shall not apply to any dog confined to the premises of
any  person,  firm or corporation engaged in the business of breeding or
raising dogs for profit and licensed as  a  class  A  dealer  under  the
Federal  Laboratory Animal Welfare Act[, provided that such person, firm
or corporation has obtained a certificate of exemption. Application  for
such certificate shall be made annually to the commissioner and shall be
accompanied by a fee of one hundred dollars].
  5. Nothing contained in this article shall prevent a municipality from
adopting  its  own  program for the control of dangerous dogs; provided,
however, that no such program shall be less stringent than this article,
and no such program shall regulate such dogs in a manner that is specif-
ic as to breed. Notwithstanding the provisions  of  subdivision  one  of
this  section,  this  subdivision  and  [section one hundred twenty-one]
SECTIONS ONE HUNDRED TWENTY-THREE, ONE HUNDRED  TWENTY-THREE-A  AND  ONE
HUNDRED TWENTY-THREE-B of this article shall apply to all municipalities
including cities of two million or more.
  S  2. Subdivision 14 of section 108 of the agriculture and markets law
is REPEALED.
  S 3. Subdivisions 11, 12 and 16 of section 108 of the agriculture  and
markets law, as added by chapter 220 of the laws of 1978, are amended to
read as follows:
  11.  "Identification  tag" means a tag ISSUED BY THE LICENSING MUNICI-
PALITY which sets forth an [official] identification number [as required
by the provisions], TOGETHER WITH THE NAME of [this article] THE MUNICI-
PALITY, THE STATE OF NEW YORK AND CONTACT INFORMATION  FOR  THE  MUNICI-
PALITY.
  12.  "Identified  dog" means any dog carrying an identification tag as
provided in section one hundred [twelve] ELEVEN of this article.
  16. "Owner of record" means the person in whose name any dog was  last
licensed  pursuant  to  [either  subdivision  one  or subdivision two of
section one hundred nine of] this article, except that if any license is
issued on application of a person under eighteen years of age, the owner
of record shall be deemed to be the parent or guardian of  such  person.
If it cannot be determined in whose name any dog was last licensed or if
the  owner of record has filed a statement pursuant to the provisions of
section [one hundred thirteen] ONE HUNDRED TWELVE of this  article,  the
owner shall be deemed to be the owner of record of such dog, except that
if  the  owner is under eighteen years of age, the owner of record shall
be deemed to be the parent or guardian of such person.
  S 4. Section 109 of the agriculture and markets law, as added by chap-
ter 220 of the laws of 1978, subdivision 1 as amended by chapter 645  of
the  laws  of 1988, paragraph (a) of subdivision 1 as amended by chapter
86 of the laws of 2006, paragraph (b) of subdivision  1  as  amended  by
chapter 562 of the laws of 1995, paragraphs (f) and (h) of subdivision 1
and  paragraphs (f) and (h) of subdivision 2 as amended by chapter 39 of
the laws of 2002, paragraph (c) of subdivision 2 as amended  by  chapter
180  of the laws of 2002, and subdivision 3 as amended by chapter 269 of
the laws of 2005, is amended to read as follows:
  S 109. Licensing of dogs REQUIRED;  rabies  vaccination  [requirement]
REQUIRED.  1. [Licensing of dogs.] (a) The owner of any dog reaching the
age of four months shall immediately make application for a dog license.
No  license shall be required for any dog which is under the age of four
months and which is not at large. Except as otherwise provided  in  this
subdivision,  a  license  shall  be issued or renewed for a period of AT

S. 6609--A                         34                         A. 9709--A

LEAST one year, provided[, that at the option of the governing board  of
the  municipality,  a  license  may be issued or renewed for a period of
one, two or three years, and provided further], that no license shall be
issued  for  a  period expiring after the last day of the eleventh month
following the expiration date of the current rabies certificate for  the
dog  being  licensed.  All  licenses shall expire on the last day of the
last month of the period for which they are  issued.  In  the  event  an
applicant  for  a  license  presents, in lieu of a rabies certificate, a
statement certified by a licensed veterinarian, as provided in  subdivi-
sion  [three]  TWO of this section, a license shall be issued or renewed
for a period of one year from the date of said  statement.  Any  munici-
pality[,  authorized  to  issue licenses pursuant to this article, which
has a population not exceeding two thousand five hundred] may[, upon the
approval of and pursuant to rules and  regulations  promulgated  by  the
commissioner,]  establish a common renewal date for all such licenses. A
license issued by a municipality that has established a  common  renewal
date  shall  expire  no  later than the common renewal date prior to the
expiration date of the rabies certificate for the dog being licensed.
  (b) Application for a dog license shall be made to the  clerk  of  the
town or city or, in the counties of Nassau and Westchester, incorporated
village  in  which  the dog is harbored or to the village clerk of those
villages in the county of Rockland with a population of fifteen thousand
or more which have  elected  to  accept  applications  pursuant  to  the
provisions  of  this paragraph or to the village clerk of the village of
Newark in the county of Wayne upon the election of the village of Newark
pursuant to the provisions of this paragraph. Provided, however, that in
the counties of Nassau and Westchester, the board  of  trustees  of  any
incorporated  village  may  by  resolution provide that applications for
licenses shall no longer be made to the village clerk, but to the  clerk
of  the  town  in  which the village is situated. [If such resolution is
approved by the town board of the town in which the village is situated,
such resolution shall become effective not less than six months after  a
certified copy of such resolution of the village board and of the resol-
ution  of  approval  of  the  town  board shall have been filed with the
commissioner.] Provided further, however, that in the  county  of  Rock-
land,  the  board  of  trustees of any incorporated village with a popu-
lation of fifteen thousand or more may by resolution provide that appli-
cation for licenses  shall  be  made  to  the  village  clerk.  Provided
further,  however, that in the county of Wayne, the board of trustees of
the village of Newark may by resolution  provide  that  application  for
licenses  shall  be  made  to  the village clerk. [If such resolution is
approved by the town or towns in which the village is located, it  shall
become effective not less than six months after a certified copy of such
approved  resolution  shall  have been filed with the commissioner.] The
governing body of any town or city or, in the  counties  of  Nassau  and
Westchester,  incorporated  village  or in the county of Rockland, those
villages with a population of fifteen thousand or  more  which  have  so
elected to accept applications or in the county of Wayne, the village of
Newark  if  such  village  has so elected to accept applications may, on
resolution of such body, authorize that such application be made to  one
or  more  named  dog control officers of any such town, city or village.
The issuance of any license by any  such  officer  shall  be  under  the
control  and supervision of the clerk. In the case of a seized dog being
redeemed or a dog being otherwise obtained from a county animal  shelter
or pound, such application may be made to the county dog control officer
in charge of such facility [provided such officer has been authorized by

S. 6609--A                         35                         A. 9709--A

the  commissioner  to  accept  such  applications]. In the case of a dog
being redeemed or a dog being adopted from a  shelter  or  pound  estab-
lished,  maintained  or  contracted for, pursuant to section one hundred
[fifteen]  FOURTEEN of this article, such application may be made to the
manager of such facility, provided such manager has been  authorized  by
the  [commissioner]  MUNICIPALITY IN WHICH THE PROSPECTIVE OWNER RESIDES
to accept such application. Such authorization shall be requested by the
governing body of the pound or shelter and the  granting  or  denial  of
such  authorization  shall  be  in  the discretion of the [commissioner]
MUNICIPALITY IN WHICH THE PROSPECTIVE OWNER RESIDES.
  (c) The application shall state the sex, actual  or  approximate  age,
breed, color, and [official] MUNICIPAL identification number of the dog,
and other identification marks, if any, and the name, address, telephone
number,  county  and  town,  city  or village of residence of the owner.
MUNICIPALITIES MAY ALSO REQUIRE ADDITIONAL INFORMATION ON SUCH  APPLICA-
TION AS DEEMED APPROPRIATE.
  (d) The application shall be accompanied by the license fee prescribed
by  section  one hundred ten of this article and a certificate of rabies
vaccination or statement in lieu thereof,  as  required  by  subdivision
[three]  TWO  of  this section. In the case of a spayed or neutered dog,
every application shall also be accompanied by a certificate signed by a
licensed veterinarian or an affidavit signed by the owner, showing  that
the  dog has been spayed or neutered, provided such certificate or affi-
davit shall not be required if the same is  already  on  file  with  the
clerk  or  authorized dog control officer. In lieu of the spay or neuter
certificate an owner may present a statement  certified  by  a  licensed
veterinarian stating that he has examined the dog and found that because
of  old  age or other reason, the life of the dog would be endangered by
spaying or neutering. In such case, the license fee for the dog shall be
the same as for a spayed or neutered dog as set forth in [paragraph  (a)
of] subdivision one of section one hundred ten of this article.
  (e)  Upon  validation  by the clerk, authorized dog control officer or
authorized pound or shelter manager,  the  application  shall  become  a
license  for  the  dog  described therein. [Once an application has been
validated, no refund therefor shall be made.]
  (f) The clerk, authorized dog control officer or authorized  pound  or
shelter  manager  shall: (i) provide a copy of the license to the owner;
(ii) [send, by the fifth day of the month following the month of license
issuance, a copy] RETAIN A RECORD OF THE  LICENSE  THAT  SHALL  BE  MADE
AVAILABLE UPON REQUEST TO THE COMMISSIONER FOR PURPOSES of [the license,
or  a  report of the information contained therein, to the commissioner;
and (iii) retain a record of the license in the manner prescribed by the
commissioner] RABIES AND OTHER ANIMAL DISEASE CONTROL.  In addition, the
authorized pound or shelter manager shall send, within forty-eight hours
of validation, a copy of the license to the licensing municipality with-
in which the dog is to be harbored.
  (g) No license shall be transferable. Upon the transfer  of  ownership
of  any  dog,  the  new  owner  shall immediately make application for a
license for such dog.
  (h) Notwithstanding the provisions of any general,  special  or  local
law,  or  any  rule or regulation to the contrary, the clerk, authorized
dog control officer or authorized pound or shelter  manager  in  munici-
palities  having  a  population  of less than one hundred thousand shall
[send to the commissioner a copy of the validated license, or  a  report
of  the information therein, by the fifth day of the month following the
month of license issuance. In addition, the authorized dog control offi-

S. 6609--A                         36                         A. 9709--A

cer or authorized  pound  or  shelter  manager  in  such  municipalities
shall,]  within five business days after the license has been validated,
send a copy of the validated license to the  licensing  municipality  in
which the dog is to be harbored.
  2.  [Purebred  license.  (a)  The  owner  of one or more purebred dogs
registered by a recognized registry association  may  annually  make  an
application  for  a  purebred  license, in lieu of or in addition to the
individual licenses required by subdivision one of this section. A pure-
bred license shall be valid for a period of one year beginning with  the
first  day  of  the  month  following  the date of issuance and shall be
renewable annually thereafter prior to the expiration date.
  (b) Such application shall be made to the person  specified  in  para-
graph (b) of subdivision one of this section.
  (c) The application shall state the name, address and telephone number
of  the  owner; the county and city, town or village where such dogs are
harbored; the sex, breed, registry name  and  number  of  each  purebred
registered  dog  over  the  age  of four months which is harbored on the
premises; and the sex and breed of each purebred dog  over  the  age  of
four  months which is harbored on the premises and which is eligible for
registration. The application shall also  include  a  statement  by  the
owner  that  all  purebred  dogs  over  the age of four months which are
harbored on the premises have been listed.
  (d) The application shall be accompanied by the license fee prescribed
by section one hundred ten of this article and a certificate  of  rabies
vaccination  or  statement  in  lieu thereof, as required by subdivision
three of this section.
  (e) Upon receipt of the foregoing items, the clerk or  authorized  dog
control  officer  shall assign a license number, which shall be reserved
for the sole use of the named owner, and shall issue a purebred license.
Once a purebred license has been issued, no  refund  therefor  shall  be
made.
  (f)  The  clerk, authorized dog control officer or authorized pound or
shelter manager shall: (i) provide a copy of the purebred license to the
owner; (ii) send, by the fifth day of the month following the  month  of
license  issuance,  a  copy  of the purebred license, or a report of the
information contained therein, to the commissioner; and (iii)  retain  a
record  of  the purebred license in the manner prescribed by the commis-
sioner. In addition, the authorized dog control  officer  or  authorized
pound  or  shelter manager shall send, within forty-eight hours of vali-
dation, a copy of the license to the licensing municipality within which
the dog is to be harbored.
  (g) No purebred license shall be transferable. Upon change  of  owner-
ship of any dog licensed under a purebred license, such dog shall become
subject  to the licensing provisions of subdivision one of this section,
except when the new owner holds a valid purebred license.
  (h) Notwithstanding the provisions of any general,  special  or  local
law,  or  any  rule or regulation to the contrary, the clerk, authorized
dog control officer or authorized pound or shelter  manager  in  munici-
palities  having  a  population  of less than one hundred thousand shall
send to the commissioner a copy of the validated license, or a report of
the information contained therein, by the fifth day of the month follow-
ing the month of license  issuance.  In  addition,  the  authorized  dog
control  officer  or authorized pound or shelter manager in such munici-
palities shall, within five business days after  the  license  has  been
validated, send a copy of the validated license to the licensing munici-
pality within which the dog is to be harbored.

S. 6609--A                         37                         A. 9709--A

  3.  The  clerk,  authorized dog control officer or authorized pound or
shelter manager, at the time of issuing any  license  pursuant  to  this
article, shall require the applicant to present a statement certified by
a licensed veterinarian showing that the dog or dogs have been vaccinat-
ed  to  prevent  rabies  or, in lieu thereof, a statement certified by a
licensed veterinarian stating that because of old age or  other  reason,
the life of the dog or dogs would be endangered by the administration of
vaccine.  The  clerk, authorized dog control officer or authorized pound
or shelter manager shall make or cause to be made from such statement  a
record  of  such  information as may be required by the commissioner and
shall file such record with a copy of the license.]
  THE CLERK, AUTHORIZED DOG CONTROL OFFICER OR AUTHORIZED POUND OR SHEL-
TER MANAGER, AT THE TIME OF ISSUING ANY LICENSE PURSUANT TO  THIS  ARTI-
CLE,  SHALL  REQUIRE THE APPLICANT TO PRESENT A STATEMENT CERTIFIED BY A
LICENSED VETERINARIAN SHOWING THAT THE DOG OR DOGS HAVE BEEN  VACCINATED
TO  PREVENT  RABIES  OR,  IN  LIEU  THEREOF,  A STATEMENT CERTIFIED BY A
LICENSED VETERINARIAN STATING THAT BECAUSE OF OLD AGE OR ANOTHER REASON,
THE LIFE OF THE DOG OR DOGS WOULD BE ENDANGERED BY THE ADMINISTRATION OF
VACCINE. THE CLERK, AUTHORIZED DOG CONTROL OFFICER OR  AUTHORIZED  POUND
OR  SHELTER MANAGER SHALL MAKE OR CAUSE TO BE MADE FROM SUCH STATEMENT A
RECORD OF SUCH INFORMATION AND SHALL FILE SUCH RECORD WITH A COPY OF THE
LICENSE. SUCH RECORDS SHALL BE MADE AVAILABLE  TO  THE  COMMISSIONER  OF
AGRICULTURE AND MARKETS UPON REQUEST FOR RABIES AND OTHER ANIMAL DISEASE
CONTROL EFFORTS.
  3.    MUNICIPALITIES MAY PROVIDE FOR THE ESTABLISHMENT AND ISSUANCE OF
PUREBRED LICENSES.
  S 5. Section 110 of the agriculture and markets law is REPEALED and  a
new section 110 is added to read as follows:
  S  110.  LICENSE  FEES.    1.  THE LICENSE FEE FOR DOG LICENSES ISSUED
PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED NINE OF THIS  ARTICLE
SHALL  BE  DETERMINED  BY THE MUNICIPALITY ISSUING THE LICENSE, PROVIDED
THAT THE TOTAL FEE FOR AN UNSPAYED OR UNNEUTERED DOG SHALL BE  AT  LEAST
FIVE  DOLLARS  MORE THAN THE TOTAL FEE FOR A SPAYED OR NEUTERED DOG. ALL
REVENUE DERIVED FROM SUCH FEES SHALL BE THE SOLE PROPERTY OF THE MUNICI-
PALITY SETTING THE SAME AND SHALL BE USED ONLY FOR CONTROLLING DOGS  AND
ENFORCING  THIS  ARTICLE AND ANY RULE, REGULATION, OR LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT THERETO, INCLUDING  SUBSIDIZING  THE  SPAYING  OR
NEUTERING  OF  DOGS  AND  ANY  FACILITY  AS AUTHORIZED UNDER SECTION ONE
HUNDRED SIXTEEN OF THIS ARTICLE USED THEREFOR,  AND  SUBSIDIZING  PUBLIC
HUMANE EDUCATION PROGRAMS IN RESPONSIBLE DOG OWNERSHIP.
  2.  MUNICIPALITIES MAY EXEMPT FROM THEIR LICENSING FEES ANY GUIDE DOG,
HEARING DOG, SERVICE DOG, WAR DOG, WORKING SEARCH  DOG,  DETECTION  DOG,
POLICE  WORK  DOG OR THERAPY DOG. EACH COPY OF ANY LICENSE FOR SUCH DOGS
SHALL BE CONSPICUOUSLY MARKED "GUIDE DOG", "HEARING DOG", "SERVICE DOG",
"WORKING SEARCH DOG", "WAR DOG", "DETECTION DOG", "POLICE WORK DOG",  OR
"THERAPY  DOG",  AS  MAY  BE APPROPRIATE, BY THE CLERK OR AUTHORIZED DOG
CONTROL OFFICER.
  3. IN ADDITION TO THE FEE CHARGED PURSUANT TO SUBDIVISIONS ONE AND TWO
OF THIS SECTION, ANY MUNICIPALITY ISSUING DOG LICENSES PURSUANT TO  THIS
ARTICLE IS HEREBY AUTHORIZED TO PROVIDE FOR THE ASSESSMENT OF ADDITIONAL
SURCHARGES FOR THE PURPOSES OF:
  (A) CARRYING OUT ANIMAL POPULATION CONTROL EFFORTS;
  (B) RECOVERING COSTS ASSOCIATED WITH ENUMERATION CONDUCTED PURSUANT TO
SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE SHOULD A
DOG BE IDENTIFIED AS UNLICENSED DURING SUCH ENUMERATION. SUCH ADDITIONAL
FEE  SHALL  BE  THE  PROPERTY OF THE LICENSING MUNICIPALITY AND SHALL BE

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USED TO PAY THE EXPENSES INCURRED BY THE MUNICIPALITY IN CONDUCTING  THE
ENUMERATION.  IN  THE  EVENT  THE  ADDITIONAL  FEES COLLECTED EXCEED THE
EXPENSES INCURRED BY THE MUNICIPALITY IN CONDUCTING  AN  ENUMERATION  IN
ANY YEAR, SUCH EXCESS FEES MAY BE USED BY THE MUNICIPALITY FOR ANY OTHER
LAWFUL PURPOSE; AND
  (C)  OFFSETTING COSTS ASSOCIATED WITH THE PROVISION AND REPLACEMENT OF
IDENTIFICATION TAGS PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS ARTI-
CLE.
  4. EACH COPY OF ANY LICENSE FOR ANY GUIDE DOG,  HEARING  DOG,  SERVICE
DOG,  WAR  DOG,  WORKING  SEARCH  DOG, DETECTION DOG, POLICE WORK DOG OR
THERAPY DOG SHALL BE CONSPICUOUSLY MARKED "GUIDE  DOG",  "HEARING  DOG",
"SERVICE DOG", "WORKING SEARCH DOG", OR "THERAPY DOG".
  5.  ANY  TOWN,  CITY OR VILLAGE ASSESSING SURCHARGES PURSUANT TO PARA-
GRAPH (A) OF SUBDIVISION THREE OF THIS SECTION MAY  ADOPT  A  RESOLUTION
EXEMPTING FROM THE PAYMENT OF SUCH SURCHARGES, DOGS OWNED BY ONE OR MORE
PERSONS EACH OF WHOM IS SIXTY-FIVE YEARS OF AGE OR OVER.
  S  6.  Section  111 of the agriculture and markets law is REPEALED and
section 112 of such law, as added by chapter 220 of the  laws  of  1978,
subdivisions  1  and  5  as  amended by chapter 645 of the laws of 1988,
subdivision 7 as amended by chapter 494 of the laws of 2002 and subdivi-
sion 8 as added by chapter 169  of  the  laws  of  1994,  is  renumbered
section 111 and amended to read as follows:
  S 111. Identification of dogs. 1. Each dog licensed pursuant to subdi-
vision  one  of  section  one  hundred  nine  of  this  article shall be
assigned, at the time the dog is first licensed, a [permanent  official]
MUNICIPAL  identification  number.  Such  identification number shall be
carried by the dog on an identification tag which shall be affixed to  a
collar  on  the dog at all times, provided that a [dog] MUNICIPALITY MAY
EXEMPT DOGS participating in a dog  show  [shall  be  exempt  from  this
requirement] during such participation.
  2.  [The  official identification number shall constitute the official
identification of the dog to which it is assigned, regardless of changes
of ownership, and the number shall not be reassigned to  any  other  dog
during the lifetime of the dog to which it is assigned.
  3.  At  the time a dog is first licensed, one identification tag shall
be furnished to the owner at no charge. Any  replacement  tag  shall  be
obtained by the owner at his expense at a fee and in a manner prescribed
by the commissioner.
  4.]  No  tag  carrying  an  [official]  identification number shall be
affixed to the collar of any dog other than the one to which that number
has been assigned.
  [5. The holder of] 3. A MUNICIPALITY OFFERING a purebred  license  may
[procure]  PROVIDE A LICENSEE, at his OR HER expense, any number of tags
imprinted with the same number as the purebred license.   One  such  tag
shall  be  affixed  to  the  collar of each dog harbored pursuant to the
purebred license at all times, provided that a dog  participating  in  a
dog  show  shall  be  exempt  from  this requirement during such partic-
ipation. Such a tag shall be affixed only to the collar of a  dog  owned
by the holder of the purebred license and harbored on his premises.
  [6.  The  shape,  size and form of imprints on identification tags and
purebred license tags shall be prescribed by the commissioner,  and  any
tag  bearing  an imprint other than that prescribed shall not constitute
valid identification for the purposes of this article.
  7. The applicant for] 4. A MUNICIPALITY OFFERING  a  license  for  any
guide dog, service dog, hearing dog or detection dog may [procure] ISSUE
a  special  tag for identifying such dog[.  This special], PROVIDED THAT

S. 6609--A                         39                         A. 9709--A

SUCH tag shall be in addition to  the  identification  tag  required  by
subdivision  one  of this section. [The commissioner shall prescribe the
shape, size, color, and form of imprint of the  tag  which  shall  be  a
different  color  and  shape  than the official identification tag. Upon
application, the commissioner shall furnish such tags without payment of
a fee.
  8. Fees received by the department pursuant to this section  shall  be
deposited in an account within the miscellaneous special revenue fund.]
  S  7.  Section  113  of the agriculture and markets law, as amended by
chapter 57 of the laws of 1981, is renumbered section 112 and amended to
read as follows:
  S 112.  Change of ownership; lost or stolen dog. 1. In the event of  a
change  in the ownership of any dog which has been [assigned an official
identification number] LICENSED PURSUANT  TO  THIS  ARTICLE  or  in  the
address  of  the  owner  of  record of any such dog, the owner of record
shall, within ten days of such  change,  file  with  the  [commissioner]
MUNICIPALITY  IN  WHICH  THE  DOG  IS  LICENSED a written report of such
change. Such owner of record shall be liable for any violation  of  this
article  until  such  filing is made or until the dog is licensed in the
name of the new owner.
  2. If any dog which has  been  [assigned  an  official  identification
number]  LICENSED  PURSUANT TO THIS ARTICLE is lost or stolen, the owner
of record shall, within ten days of the discovery of such loss or  theft
file with the [commissioner] MUNICIPALITY IN WHICH THE DOG IS LICENSED a
written  report  of  such loss or theft. In the case of a loss or theft,
the owner of record of  any  such  dog  shall  not  be  liable  for  any
violation of this article committed after such report is filed.
  3.  In  the case of a dog's death, the owner of record shall so notify
the [commissioner] MUNICIPALITY IN WHICH  THE  DOG  IS  LICENSED  either
prior  to  renewal  of licensure or upon the time of such renewal as set
forth [in subdivision one of section one hundred nine of  this  chapter.
Until  such  time  that the commissioner files such information with] BY
the [central registry of official identification  numbers,  said  number
shall  not  be  reassigned. Failure to notify] MUNICIPALITY IN WHICH THE
the [commissioner of the death of a dog  as  so  required  herein  shall
constitute a violation and the owner of record shall be held liable] DOG
IS LICENSED.
  S 8. Section 114 of the agriculture and markets law, as added by chap-
ter  220 of the laws of 1978, subdivision 2 as amended by chapter 714 of
the laws of 1980, subdivision 4 as separately amended  by  chapters  714
and  843 of the laws of 1980, subdivision 5 as amended by chapter 843 of
the laws of 1980 and subdivision 7 as amended by chapter 180 of the laws
of 2002, is renumbered section 113 and amended to read as follows:
  S 113. Dog control officers. 1. Each town and city, and  each  village
in  which  licenses are issued, shall appoint, and any other village and
any county may appoint, one or more dog control officers for the purpose
of assisting, within the appointing municipality, with  the  control  of
dogs  and  the  enforcement  of  this article [and rules and regulations
promulgated pursuant thereto].
  2. In lieu of or in addition to the appointment of a dog control offi-
cer or officers, any town or city, or any village in which licenses  are
issued shall, and any other village and any county may, contract for dog
control  officer services with any other municipality or with any incor-
porated humane society or similar incorporated  dog  protective  associ-
ation,  or shall appoint, jointly with one or more other municipalities,

S. 6609--A                         40                         A. 9709--A

one or more dog control officers having  jurisdiction  in  each  of  the
cooperating municipalities.
  3. [The commissioner may appoint as many state dog control officers as
he  deems  necessary to supervise the provisions of this article and any
rules and regulations adopted pursuant thereto.
  4.] Every dog control officer shall have the power to issue an appear-
ance ticket pursuant to section 150.20 of the criminal procedure law, to
serve a summons and to serve and execute any other order or  process  in
the  execution  of  the provisions of this article. In addition, any dog
control officer or any  peace  officer,  when  acting  pursuant  to  his
special  duties,  or police officer, who is authorized by a municipality
to assist in the enforcement of this  article  may  serve  any  process,
including  an  appearance  ticket,  a  uniform  appearance  ticket and a
uniform appearance ticket and simplified  information,  related  to  any
proceeding,  whether  criminal  or  civil in nature undertaken in accord
with the provisions of this  article  or  any  local  law  or  ordinance
promulgated pursuant thereto.
  [5] 4.  Every dog control officer, peace officer, when acting pursuant
to his special duties or police officer shall promptly make and maintain
a  complete record of any seizure and subsequent disposition of any dog.
Such record shall include, but not be limited to, a description  of  the
dog, the date and hour of seizure, the official identification number of
such dog, if any, the location where seized, the reason for seizure, and
the owner's name and address, if known.
  [6]  5.    Every  dog control officer shall file and maintain[, in the
manner prescribed by the commissioner,] such records [as may be required
by this article or rules and regulations promulgated  pursuant  thereto]
FOR NOT LESS THAN THREE YEARS FOLLOWING THE CREATION OF SUCH RECORD, and
shall  make  such  reports  AVAILABLE  to  the  commissioner  [as may be
required thereby] UPON REQUEST.
  [7] 6.  The governing body of any municipality in which  licenses  are
issued,  may, either individually or in cooperation with other municipal
entities, require its dog control officer or animal control  officer  or
any  other  authorized  agent  to  ascertain  and  list the names of all
persons in the municipality owning or harboring dogs, or in lieu  there-
of, such municipality may contract to have the same done.
  S  9.  Sections  115  and  116  of the agriculture and markets law are
renumbered sections 114 and 115.
  S 10. Section 117 of the agriculture and  markets  law  is  renumbered
section 116 and subdivision 4 of such section, as amended by chapter 473
of the laws of 1995, is amended to read as follows:
  4. [In] EXCEPT FOR THE SURCHARGE AUTHORIZED BY PARAGRAPH (A) OF SUBDI-
VISION  THREE  OF  SECTION  ONE HUNDRED TEN OF THIS ARTICLE, IN no event
shall any of the moneys or fees derived from, or collected pursuant  to,
the  provisions  of  this  article [except as provided in paragraph c of
subdivision four of section one hundred ten of this article and  section
one  hundred seventeen-a of this article] be used to subsidize the spay-
ing or neutering of cats.
  S 11. Section 117-a of the agriculture and markets law is REPEALED.
  S 12. Section 118 of the agriculture and  markets  law  is  renumbered
section  117  and  subdivisions 1, 4, and 5, subdivision 1 as amended by
chapter 843 of the laws of 1980, paragraphs (c) and (d) of subdivision 1
as added by chapter 530 of the laws of 1997, the  closing  paragraph  of
subdivision  1 as amended by chapter 392 of the laws of 2004, and subdi-
visions 4 and 5 as added by chapter 220 of the laws of 1978, are amended
to read as follows:

S. 6609--A                         41                         A. 9709--A

  1. Any dog control officer or peace officer, acting  pursuant  to  his
special  duties, or police officer in the employ of or under contract to
a municipality shall seize:
  (a)  any  dog  which is not identified and which is not on the owner's
premises; [and]
  (b) any dog which is not licensed, whether on or off the owner's prem-
ises[.];
  (c) any licensed dog which is not in  the  control  of  its  owner  or
custodian  or  not  on  the premises of the dog's owner or custodian, if
there is probable cause to believe the dog is [a] dangerous [dog.]; AND
  (d) any dog which poses an immediate threat to the public safety.
  Promptly upon  seizure  the  dog  control  officer  shall  commence  a
proceeding  as  provided  for in subdivision two of section [one hundred
twenty-one] ONE HUNDRED TWENTY-THREE of this article.
  4. Each dog which is not identified, whether or not licensed, shall be
held for a period of five days from the day seized during  which  period
the  dog may be redeemed by its owner, provided that such owner produces
proof that the dog has been licensed and has been identified pursuant to
the provisions of this article and further provided that the owner  pays
the following impoundment fees:
  (a)  NOT  LESS  THAN  ten dollars for the first impoundment of any dog
owned by that person;
  (b) NOT LESS THAN twenty dollars for the first  twenty-four  hours  or
part  thereof and three dollars for each additional twenty-four hours or
part thereof for the second impoundment, within one year  of  the  first
impoundment, of any dog owned by that person; or
  (c)  NOT  LESS  THAN thirty dollars for the first twenty-four hours or
part thereof and three dollars for each additional twenty-four hours  or
part  thereof for the third and subsequent impoundments, within one year
of the first impoundment, of any dog owned by that person.
  The impoundment fees set forth in paragraphs (a), (b) and (c) of  this
subdivision  notwithstanding,  any  municipality may set by local law or
ordinance such fees in any amount.
  5. All impoundment fees shall be the property of the  municipality  to
which  they  are  paid  and  shall be used only for controlling dogs and
enforcing this article and any rule, regulation, or local law  or  ordi-
nance  adopted  pursuant  thereto,  including subsidizing the spaying or
neutering of dogs and any facility  as  authorized  under  section  [one
hundred  seventeen]  ONE  HUNDRED SIXTEEN of this article used therefor,
and subsidizing public humane  education  programs  in  responsible  dog
ownership.
  S  13.  Section  119  of  the agriculture and markets law, as added by
chapter 220 of the laws of 1978, paragraph (c) of subdivision 1 as added
by chapter 404 of the laws of 1986, paragraph (g) of  subdivision  1  as
amended  and  paragraph  (h) of subdivision 1 as added by chapter 263 of
the laws of 2000, subdivision 2 as amended by chapter 221 of the laws of
1978, subdivision 3 as added and subdivision 4 as renumbered by  chapter
714 of the laws of 1980, subdivisions 5 and 6 as added by chapter 473 of
the  laws of 1995, paragraphs (a) and (b) of subdivision 5 as amended by
chapter 534 of the laws of 2005 and subdivision 7 as  added  by  chapter
494  of  the laws of 2002, is renumbered section 118 and amended to read
as follows:
  S 118. Violations. 1. It shall be a violation, punishable as  provided
in subdivision two of this section, for:
  (a) any owner to fail to license any dog;

S. 6609--A                         42                         A. 9709--A

  (b)  any  owner to fail to have any dog identified as required by this
article;
  (c)  any  person  to  knowingly affix to any dog any false or improper
identification tag, special identification tag  for  identifying  guide,
service or hearing dogs or purebred license tag;
  [(f)]  (D)  any  owner  or  custodian  of  any dog to fail to confine,
restrain or present such dog for any lawful  purpose  pursuant  to  this
article;
  [(g)] (E) any person to furnish any false or misleading information on
any  form required to be filed with any municipality [or the commission-
er] pursuant to the provisions of this article or rules and  regulations
promulgated pursuant thereto;
  [(h)]  (F)  the  owner or custodian of any dog to fail to exercise due
diligence in handling his or her dog if the handling results in harm  to
another dog that is a guide, hearing or service dog.
  2. It shall be the duty of the dog control officer of any municipality
to  bring  an  action  against  any person who has committed within such
municipality any violation set forth in subdivision one of this section.
Any municipality  may  elect  either  to  prosecute  such  action  as  a
violation  under  the  penal  law  or to commence an action to recover a
civil penalty.
  A violation of this section shall be punishable, subject  to  such  an
election, either:
  (a)  where  prosecuted  pursuant  to  the  penal law, by a fine of not
[more] LESS than twenty-five dollars, except that (i) where  the  person
was  found to have violated this section or former article seven of this
chapter within the preceding five years, the fine may be not [more] LESS
than fifty dollars, and (ii) where the person was found to have  commit-
ted  two  or  more  such  violations within the preceding five years, it
shall be punishable by a fine  of  not  [more]  LESS  than  one  hundred
dollars or imprisonment for not more than fifteen days, or both; or
  (b)  where  prosecuted  as  an action to recover a civil penalty, by a
civil penalty of not [more] LESS than twenty-five dollars,  except  that
(i)  when the person was found to have violated this section or [former]
THIS article [seven of this chapter] within the  preceding  five  years,
the  civil  penalty  may be not [more] LESS than fifty dollars, and (ii)
where the person was found to have committed two or more such violations
within the preceding five years, the civil penalty  may  be  not  [more]
LESS than one hundred dollars.
  3. A defendant charged with a violation of any provision of this arti-
cle  or  any  local  law  or  ordinance promulgated pursuant thereto may
[himself] plead guilty to the charge in open court. He OR SHE  may  also
submit to the magistrate having jurisdiction, in person, by duly author-
ized agent, or by registered mail, a statement (a) that he OR SHE waives
arraignment  in  open  court  and the aid of counsel, (b) that he OR SHE
pleads guilty to the offense charged, (c) that  he  OR  SHE  elects  and
requests that the charge be disposed of and the fine or penalty fixed by
the  court,  (d)  of  any  explanation  that  he  OR SHE desires to make
concerning the offense charged, and (e) that he OR SHE makes all  state-
ments  under penalty of perjury. Thereupon the magistrate may proceed as
though the defendant had been convicted upon a plea of  guilty  in  open
court,  provided  however,  that any imposition of fine or penalty here-
under shall be deemed tentative until such fine or  penalty  shall  have
been  paid  and  discharged  in  full.  If upon receipt of the aforesaid
statement the magistrate shall deny the same, he OR SHE shall  thereupon
notify  the  defendant  of  this fact, and that he OR SHE is required to

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appear before the said magistrate at a stated time and place  to  answer
the  charge which shall thereafter be disposed of pursuant to the appli-
cable provisions of law.
  4.  [Any  person who shall violate any other provision of this article
or rules and regulations promulgated pursuant thereto shall  be  subject
to  the  penalty  provisions  of  sections thirty-nine and forty of this
chapter, but not section forty-one  of  this  chapter.  Such  violations
shall include, but not be limited to, the following:
  (a)  failure  of any owner of record to notify the commissioner of any
change of ownership or address as required by section one hundred  thir-
teen of this article;
  (b)  failure  of any person to perform any other duty or carry out any
other requirement imposed pursuant to the provisions of this article  or
the  rules  and  regulations promulgated pursuant thereto. Each day that
failure continues shall constitute a separate violation.
  5. For the purpose of participating in the "animal population  control
program" established under section one hundred seventeen-a of this arti-
cle,  it  shall be a violation punishable as provided in subdivision six
of this section, for:
  (a) any person to falsify proof of adoption  from  a  pound,  shelter,
duly  incorporated  society  for  the  prevention of cruelty to animals,
humane society or dog or cat protective association or to falsify  proof
of  participation  in any of the programs enumerated in paragraph (b) of
subdivision two of section one hundred seventeen-a of this article;
  (b) any person to furnish any licensed veterinarian of this state with
inaccurate information concerning his or her residency or the  ownership
of  an animal or such person's authority to submit an animal for a spay-
ing or neutering procedure pursuant to section one  hundred  seventeen-a
of  this  article or to knowingly furnish the department or any licensed
veterinarian of this state with inaccurate information concerning his or
her participation in any of the programs enumerated in paragraph (b)  of
subdivision two of section one hundred seventeen-a of this article;
  (c)  any  licensed veterinarian to furnish the commissioner with false
information concerning an animal sterilization fee schedule or an animal
sterilization certificate submitted  pursuant  to  subdivision  four  of
section one hundred seventeen-a of this article.
  6.  Any person or veterinarian who violates the provisions of subdivi-
sion five of this section or any rule or regulation promulgated  by  the
commissioner  to  carry out the provisions of section one hundred seven-
teen-a of this article shall be subject to a fine of not more  than  two
hundred  fifty  dollars  where  prosecuted pursuant to the penal law, or
where prosecuted as an action to recover a civil  penalty  of  not  more
than two hundred fifty dollars.
  7.]  Any  person  who  intentionally  refuses,  withholds, or denies a
person, because [they are] HE OR SHE IS accompanied by an on-duty police
work dog, working search, war, or detection dog as  defined  in  section
one  hundred  eight  of this article, any accommodations, facilities, or
privileges thereof shall be subject to a civil  penalty  of  up  to  two
hundred  dollars  for the first violation and up to four hundred dollars
for each subsequent violation.
  S 14. Section 120 of the agriculture and  markets  law,  as  added  by
chapter  220  of the laws of 1978, is renumbered section 119 and amended
to read as follows:
  S 119. Disposition of fines. Notwithstanding any  other  provision  of
law, all moneys collected as fines or penalties by any municipality as a
result of any prosecution for violations of the provisions of this arti-

S. 6609--A                         44                         A. 9709--A

cle  or  any  local law or ordinance and all bail forfeitures by persons
charged with such violations shall be the property of  the  municipality
and  shall  be  paid to the financial officer of such municipality. Such
moneys  shall be used only for controlling dogs and enforcing this arti-
cle and any rule, regulation, or local law or ordinance adopted pursuant
thereto, including subsidizing the spaying or neutering of dogs and  any
facility as authorized under section [one hundred seventeen] ONE HUNDRED
SIXTEEN  of  this  article  used therefor, and subsidizing public humane
education programs in responsible dog ownership.
  S 15. Section 122 of the agriculture and  markets  law  is  renumbered
section 120.
  S  16.  Section  123  of the agriculture and markets law is renumbered
section 121.
  S 17. Section 121 of the agriculture and  markets  law  is  renumbered
section  123,  and subdivisions 1 and 2 as amended by chapter 392 of the
laws of 2004, are amended to read as follows:
  1. Any person who witnesses an attack or threatened attack, or in  the
case  of  a  minor,  an adult acting on behalf of such minor, may make a
complaint of an attack or threatened attack  upon  a  person,  companion
animal  AS  DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS CHAPTER, farm
animal as defined in [subdivision  twenty-four  of]  SUCH  section  [one
hundred eight of this article] THREE HUNDRED FIFTY, or a domestic animal
as  defined  in  subdivision  seven of section one hundred eight of this
article to a dog control officer or police officer  of  the  appropriate
municipality.  Such  officer shall immediately inform the complainant of
his OR HER right to commence a proceeding as provided in subdivision two
of this section and, if there is reason to believe the dog is a  danger-
ous dog, the officer shall forthwith commence such proceeding himself OR
HERSELF.
  2.  Any person who witnesses an attack or threatened attack, or in the
case of a minor, an adult acting on behalf of such minor, may,  and  any
dog  control officer or police officer as provided in subdivision one of
this section shall, make a complaint under oath or  affirmation  to  any
municipal  judge or justice of such attack or threatened attack.  There-
upon, the judge or justice shall immediately determine if there is prob-
able cause to believe the dog is a dangerous dog and, if so, shall issue
an order to any dog control officer, peace officer, acting  pursuant  to
his  OR  HER special duties, or police officer directing such officer to
immediately seize such dog and hold the same pending  judicial  determi-
nation  as provided in this section. Whether or not the judge or justice
finds there is probable cause for such seizure, he OR SHE shall,  within
five days and upon written notice of not less than two days to the owner
of  the  dog, hold a hearing on the complaint. The petitioner shall have
the burden at such hearing to prove the dog  is  a  "dangerous  dog"  by
clear  and convincing evidence. If satisfied that the dog is a dangerous
dog, the judge or justice shall then order neutering or spaying  of  the
dog, microchipping of the dog and one or more of the following as deemed
appropriate  under  the  circumstances  and  as deemed necessary for the
protection of the public:
  (a) evaluation of the dog by a certified applied behaviorist, a  board
certified  veterinary  behaviorist,  or another recognized expert in the
field and completion of training or other treatment as deemed  appropri-
ate  by  such  expert. The owner of the dog shall be responsible for all
costs associated  with  evaluations  and  training  ordered  under  this
section;

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  (b)  secure, humane confinement of the dog for a period of time and in
a manner deemed appropriate by the court  but  in  all  instances  in  a
manner  designed  to:  (1)  prevent  escape  of the dog, (2) protect the
public from unauthorized contact with the dog, and (3)  to  protect  the
dog from the elements pursuant to section three hundred fifty-three-b of
this  chapter.  Such  confinement  shall  not include lengthy periods of
tying or chaining;
  (c) restraint of the dog on a leash by an adult of at least twenty-one
years of age whenever the dog is on public premises;
  (d) muzzling the dog whenever it is on public  premises  in  a  manner
that  will  prevent  it from biting any person or animal, but that shall
not injure the dog or interfere with its vision or respiration; or
  (e) maintenance of a liability insurance policy in  an  amount  deter-
mined  by  the  court, but in no event in excess of one hundred thousand
dollars for personal injury or death resulting from an  attack  by  such
dangerous dog.
  S  18.  Section 121-a of the agriculture and markets law is renumbered
section 123-a.
  S 19. Section 121-b of the agriculture and markets law  is  renumbered
section 123-b.
  S  20.  Section  124  of the agriculture and markets law is renumbered
section 122 and subdivision 1 of such section, as amended by chapter 714
of the laws of 1980, is amended to read as follows:
  1. Any municipality may enact a local law or ordinance upon the  keep-
ing  or  running  at  large of dogs and the seizure thereof, provided no
municipality shall vary, modify, enlarge or restrict the  provisions  of
this article relating to [identification, licensing,] rabies vaccination
and euthanization.
  S 21. Section 125 of the agriculture and markets law is REPEALED.
  S  22.  Section  126  of  the agriculture and markets law, as added by
chapter 220 of the laws of 1978, is renumbered section 124  and  amended
to read as follows:
  S 124. [Duties and powers] POWERS of commissioner. [1. The commission-
er shall:
  (a) supervise the enforcement of this article;
  (b) maintain a central registry of official identification numbers;
  (c)  prescribe  the  form of all notices, reports and other papers and
documents required by this article and the rules and regulations promul-
gated pursuant thereto; and
  (d) prescribe the manner in which all reports required by this article
and the rules or regulations promulgated thereto are  to  be  filed  and
maintained, and all licenses issued or validated; and
  (e)  furnish  all  forms  and other supplies, including identification
tags and preprinted license applications, necessary for the  implementa-
tion  and  enforcement  of  this  article  and the rules and regulations
promulgated pursuant thereto; and
  (f) supply, for identification purposes, names and addresses of owners
of record of identified dogs immediately upon request; and
  (g) furnish such information and assistance to dog control officers as
he deems necessary for enforcement purposes.
  2.] The commissioner is hereby authorized to:
  (a) promulgate, after public hearing, such rules  and  regulations  as
are  necessary  to  supplement and give full effect to the provisions of
SECTIONS ONE HUNDRED THIRTEEN, ONE  HUNDRED  FOURTEEN  AND  ONE  HUNDRED
SEVENTEEN OF this article; and

S. 6609--A                         46                         A. 9709--A

  (b)  exercise all other powers and functions as are necessary to carry
out the duties and purposes set forth in SECTIONS ONE HUNDRED  THIRTEEN,
ONE HUNDRED FOURTEEN AND ONE HUNDRED SEVENTEEN OF this article.
  S 23. Subdivision 5 of section 373 of the agriculture and markets law,
as  amended  by  chapter  674 of the laws of 1980, is amended to read as
follows:
  5. Nothing herein contained  shall  restrict  the  rights  and  powers
derived  from  section  one hundred [eighteen] SEVENTEEN of this chapter
relating to seizure of unlicensed dogs and the disposition to be made of
animals so seized or taken, nor those derived from any other general  or
special  law  relating  to the seizure or other taking of dogs and other
animals by a society for the prevention of cruelty to animals.
  S 24. Subparagraph 2 of paragraph b of subdivision 6 of section 373 of
the agriculture and markets law, as amended by chapter 256 of  the  laws
of 1997, is amended to read as follows:
  (2)  If the court orders the posting of a security, the security shall
be posted with the clerk of the court within five business days  of  the
hearing  provided  for  in subparagraph one of this paragraph. The court
may order the immediate forfeiture of the seized animal to the  impound-
ing  organization if the person ordered to post the security fails to do
so. Any animal forfeited shall be made available for adoption or euthan-
ized subject to subdivision seven-a of section  [one  hundred  eighteen]
ONE  HUNDRED SEVENTEEN of this chapter or section three hundred seventy-
four of this article.
  S 25. Paragraph (d) of subdivision 2 of section 209-cc of the  general
municipal law, as amended by chapter 392 of the laws of 2004, is amended
to read as follows:
  (d)  the  term "dangerous dog" means a dog found dangerous pursuant to
the  provisions  of  section  [one  hundred  twenty-one]   ONE   HUNDRED
TWENTY-THREE of the agriculture and markets law.
  S  26. Subdivisions 2 and 3 of section 97-xx of the state finance law,
as added by chapter 473 of the laws of 1995,  are  amended  to  read  as
follows:
  2.  Such fund shall consist of all moneys collected pursuant to [para-
graph c of subdivision four of section one hundred ten of  the  agricul-
ture  and  markets  law,  subdivision five of section one hundred seven-
teen-a of the agriculture and  markets  law,  and]  section  three-a  of
chapter one hundred fifteen of the laws of eighteen hundred ninety-four,
and all other moneys credited or transferred thereto from any other fund
or source pursuant to law.
  3.  Moneys of the fund shall be expended for the purposes of [carrying
out the provisions of section one hundred seventeen-a of the agriculture
and markets law] MUNICIPAL ANIMAL POPULATION CONTROL  EFFORTS.    Moneys
shall  be  paid  out  of  the fund on the audit and warrant of the state
comptroller on vouchers approved by the commissioner of agriculture  and
markets.  Any  interest received by the comptroller on moneys on deposit
in the animal population control fund shall be retained  in  and  become
part of such fund.
  S  27.  Subdivision 2 of section 404-p of the vehicle and traffic law,
as amended by chapter 577 of the laws of 2007, is  amended  to  read  as
follows:
  2.  A distinctive Animal Population Control Fund plate issued pursuant
to this section shall be issued in  the  same  manner  as  other  number
plates  upon  the  payment of the regular registration fee prescribed by
section four hundred one of this  article  provided,  however,  that  an
additional annual service charge of twenty-five dollars shall be charged

S. 6609--A                         47                         A. 9709--A

for such plate. All monies received as annual service charges under this
section  shall  be  deposited  to  the  credit  of the animal population
control fund established pursuant  to  section  ninety-seven-xx  of  the
state  finance  law,  and  shall be used for MUNICIPAL animal population
control programs [undertaken pursuant to section one hundred seventeen-a
of the agriculture and markets law].
  S 28. Section 3-a of chapter 115 of the laws of 1894 relating  to  the
better  protection  of  lost  and  strayed animals, and for securing the
rights of owners thereof, as amended by chapter 180 of the laws of 2002,
is amended to read as follows:
  S 3-a. In addition to the fee charged pursuant to sections one and two
of this chapter, any person applying for a dog license shall pay  a  fee
of  three  dollars for any dog four months of age or older which has not
been spayed or neutered unless an owner presents with the license appli-
cation a statement certified by a licensed veterinarian stating that  he
or  she  has examined the dog and found that because of old age or other
reasons, the life of the dog would be endangered by spaying  or  neuter-
ing. All fees collected pursuant to the provisions of this section shall
be  forwarded  to  the state comptroller for deposit in the animal popu-
lation control fund created pursuant  to  section  97-xx  of  the  state
finance law [and section 117-a of the agriculture and markets law].
  S  29.  Section  9  of chapter 115 of the laws of 1894 relating to the
better protection of lost and strayed  animals,  and  for  securing  the
rights of owners thereof, as amended by chapter 473 of the laws of 1995,
is amended to read as follows:
  S  9.  Any  person or persons, who shall hinder or molest or interfere
with any officer or agent of said society in the performance of any duty
enjoined by this act, or who shall use a license tag on a dog for  which
it  was  not issued, shall be deemed guilty of a misdemeanor. Any person
who owns or harbors a dog without complying with the provisions of  this
act  shall  be  deemed guilty of disorderly conduct, and upon conviction
thereof before any magistrate shall be fined for such  offense  any  sum
not exceeding ten dollars, and in default of payment of such fine may be
committed  to prison by such magistrate until the same be paid, but such
imprisonment shall not exceed ten days. [Any person who for the  purpose
of participating in the "animal population control program" shall falsi-
fy  proof  of  adoption from a pound, shelter, duly incorporated society
for the prevention of cruelty to animals, humane society or dog  or  cat
protective association or who shall furnish any licensed veterinarian of
this  state  with inaccurate information concerning his or her residency
or the ownership of an animal or such person's authority  to  submit  an
animal for a spaying or neutering procedure pursuant to section 117-a of
the  agriculture  and markets law and any veterinarian who shall furnish
the commissioner with false information concerning an animal  steriliza-
tion  fee  schedule  or  an  animal  sterilization certificate submitted
pursuant to subdivision 4  of  section  117-a  of  the  agriculture  and
markets  law  shall be guilty of a violation punishable by a fine of not
more than two hundred fifty dollars where  prosecuted  pursuant  to  the
penal  law,  or where prosecuted as an action to recover a civil penalty
of not more than two hundred fifty dollars.]
  S 30. This act shall take effect January 1, 2011.

                                 PART U

  Section 1. Section 5704 of the education law is  amended  to  read  as
follows:

S. 6609--A                         48                         A. 9709--A

  S 5704. Trustees  shall make reports; university subject to visitation
of regents; MEMORANDA WITH STATE  AGENCIES.  1.  The  trustees  of  said
university shall make all the reports and perform such other acts as may
be  necessary to conform to the act of congress, entitled "An act donat-
ing public lands to the several states and territories which may provide
colleges  for  the  benefit  of  agriculture  and  the  mechanic arts, "
approved July second, eighteen hundred sixty-two.   The said  university
shall be subject to visitation of the regents of the university.
  2.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
AGENCIES MAY ENTER INTO MEMORANDA OF UNDERSTANDING WITH SAID  UNIVERSITY
AS  THE  LAND  GRANT UNIVERSITY OF NEW YORK UNDER THE ACT OF CONGRESS OF
JULY SECOND, EIGHTEEN HUNDRED SIXTY-TWO, FOR THE PURPOSES  OF  PROCURING
SERVICES OR TECHNICAL ASSISTANCE FROM SAID UNIVERSITY OR PROVIDING FUNDS
TO SAID UNIVERSITY, RELATED TO SAID UNIVERSITY'S LAND GRANT MISSION.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART V

  Section 1. Notwithstanding any other law, rule or  regulation  to  the
contrary,  expenses of the department of health public service education
program incurred pursuant to appropriations from  the  cable  television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART W

  Section 1. Subdivisions 2, 3, 4, 5 and 6 of section 4 of  chapter  912
of  the  laws of 1920 relating to the regulation of boxing, sparring and
wrestling, subdivisions 2 and 6 as amended by chapter 437 of the laws of
2002 and subdivisions 3, 4 and 5 as added by chapter 603 of the laws  of
1981, are amended to read as follows:
  2. The advisory board shall have power and it shall be the duty of the
board  to  prepare and submit to the commission for approval regulations
and standards for the physical examination of  professional  boxers  AND
PROFESSIONAL  MIXED MARTIAL ARTS PARTICIPANTS including, without limita-
tion, pre-fight and/or post-fight examinations and  periodic  comprehen-
sive  examinations.  The  board  shall  continue to serve in an advisory
capacity to the commission and from time to time prepare and  submit  to
the  commission  for approval, such additional regulations and standards
of examination as in their judgment will safeguard the physical  welfare
of  professional  boxers  licensed by the commission. The advisory board
shall recommend to the commission  from  time  to  time  such  qualified
physicians,  for  the  purpose  of  conducting  physical examinations of
professional boxers AND PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS and
other services as the rules of the commission shall provide;  and  shall
recommend  to the commission a schedule of fees to be paid to physicians
for such examinations and other services as required by this act.
  3. The advisory board  shall  develop  appropriate  medical  education
programs  for all commission personnel involved in the conduct of boxing
and sparring matches or exhibitions OR PROFESSIONAL MIXED  MARTIAL  ARTS
MATCHES OR EXHIBITIONS so that such personnel can recognize and act upon
evidence of potential or actual adverse medical indications in a partic-
ipant prior to or during the course of a match OR EXHIBITION.

S. 6609--A                         49                         A. 9709--A

  4.  The advisory board shall review the credentials and performance of
each commission physician on an annual basis as  a  condition  of  reap-
pointment  of  each  such  physician,  including  each  such physician's
comprehension of the medical literature on boxing OR PROFESSIONAL  MIXED
MARTIAL ARTS referred to in subdivision five of this section.
  5.  The advisory board shall recommend to the commission a compilation
of medical publications on the medical aspects of boxing OR PROFESSIONAL
MIXED MARTIAL ARTS which shall be maintained by the  commission  and  be
made  available  for  review to all commission personnel involved in the
conduct of any boxing or sparring match or  exhibition  OR  PROFESSIONAL
MIXED MARTIAL ARTS MATCH OR EXHIBITION.
  6. The advisory board shall also advise the commission on any study of
equipment, procedures or personnel which will, in their opinion, promote
the  safety  of  boxing participants AND PROFESSIONAL MIXED MARTIAL ARTS
PARTICIPANTS.
  S 2. Section 5-a of chapter 912 of the laws of 1920  relating  to  the
regulation  of boxing, sparring and wrestling, as added by chapter 14 of
the laws of 1997, is amended to read as follows:
  S 5-a. Combative sports. 1.    A  "combative  sport"  shall  mean  any
professional  match or exhibition other than boxing, sparring, wrestling
or martial arts wherein the contestants deliver, or are not forbidden by
the applicable rules thereof from delivering kicks, punches or blows  of
any  kind  to  the body of an opponent or opponents. For the purposes of
this section, the term "martial arts"  shall  include  any  professional
match or exhibition OF (I) MIXED MARTIAL ARTS, AS DEFINED IN SECTION 5-B
OF  THIS  CHAPTER OR (II) A SINGLE MARTIAL ARTS DISCIPLINE sanctioned by
any of the following organizations: U.S. Judo  Association,  U.S.  Judo,
Inc., U.S. Judo Federation, U.S. Tae Kwon Do Union, North American Sport
Karate  Association,  U.S.A. Karate Foundation, U.S. Karate, Inc., World
Karate Association, Professional  Karate  Association,  Karate  Interna-
tional,  International  Kenpo  Association,  or World Wide Kenpo Associ-
ation. The commission [is authorized to]  SHALL  promulgate  regulations
which would establish a process to allow for the inclusion or removal of
martial  arts  organizations  from  the  above  list. Such process shall
include but not be limited to consideration of  the  following  factors:
(a) is the organization's primary purpose to provide instruction in self
defense  techniques;  (b) does the organization require the use of hand,
feet and groin protection during any competition or bout; and  (c)  does
the organization have an established set of rules that require the imme-
diate  termination  of  any competition or bout when any participant has
received severe punishment or is in danger of suffering serious physical
injury.
  2. No combative sport shall be conducted, held  or  given  within  the
state of New York, and no licenses may be approved by the commission for
such matches or exhibitions.
  3.  (a)  A  person  who knowingly advances or profits from a combative
sport activity shall be guilty of a class A misdemeanor,  and  shall  be
guilty of a class E felony if he or she has been convicted in the previ-
ous five years of violating this subdivision.
  (b)  A  person  advances a combative sport activity when, acting other
than as a spectator, he or she engages in conduct which materially  aids
any combative sport. Such conduct includes but is not limited to conduct
directed  toward  the creation, establishment or performance of a comba-
tive sport, toward the acquisition or maintenance of premises, parapher-
nalia, equipment or  apparatus  therefor,  toward  the  solicitation  or
inducement of persons to attend or participate therein, toward the actu-

S. 6609--A                         50                         A. 9709--A

al  conduct of the performance thereof, toward the arrangement of any of
its financial or promotional phases, or toward  any  other  phase  of  a
combative  sport.  One  advances a combative sport activity when, having
substantial  proprietary  or  other  authoritative control over premises
being used with his or her knowledge for purposes of a  combative  sport
activity, he or she permits such to occur or continue or makes no effort
to prevent its occurrence or continuation.
  (c)  A  person  profits from a combative sport activity when he or she
accepts or receives money or other property with intent  to  participate
in  the proceeds of a combative sport activity, or pursuant to an agree-
ment or understanding with any person whereby he or she participates  or
is to participate in the proceeds of a combative sport activity.
  (d)  Any  person  who  knowingly  advances or profits from a combative
sport activity shall also be subject to a civil penalty  not  to  exceed
for the first violation ten thousand dollars or twice the amount of gain
derived  therefrom  whichever  is greater, or for a subsequent violation
twenty thousand dollars or twice the amount of  gain  derived  therefrom
whichever  is  greater.  The  attorney  general  is  hereby empowered to
commence judicial proceedings to recover such penalties  and  to  obtain
injunctive relief to enforce the provisions of this section.
  S  2-a.  Chapter 912 of the laws of 1920 relating to the regulation of
boxing, sparring and wrestling is amended by adding a new section 5-b to
read as follows:
  S 5-B. MIXED MARTIAL ARTS. 1. DEFINITIONS. AS USED IN THIS SECTION:
  (A) "BOARD" MEANS MEDICAL ADVISORY BOARD AS ESTABLISHED IN  SECTION  4
OF THIS CHAPTER.
  (B)  "COMMISSION"  MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR
IN SECTION 1 OF THIS CHAPTER OR AN AGENT OF THE COMMISSION ACTING ON ITS
BEHALF.
  (C) "MIXED MARTIAL ARTS"  MEANS  UNARMED  COMBAT  INVOLVING  THE  USE,
SUBJECT  TO  ANY APPLICABLE LIMITATIONS SET FORTH IN THIS CHAPTER OR SET
FORTH BY THE COMMISSION PURSUANT TO THIS CHAPTER, OF  A  COMBINATION  OF
TECHNIQUES  FROM  DIFFERENT  DISCIPLINES OF THE MARTIAL ARTS, INCLUDING,
WITHOUT LIMITATION, GRAPPLING, KICKING, AND STRIKING.
  (D) "PROFESSIONAL MIXED MARTIAL ARTS" SHALL  MEAN  ANY  MIXED  MARTIAL
ARTS  COMPETITION,  MATCH, OR EXHIBITION, INVOLVING A PROFESSIONAL MIXED
MARTIAL ARTS PARTICIPANT SUBJECT TO REGULATION BY THE COMMISSION  PURSU-
ANT TO THIS CHAPTER.
  (E)  "PROFESSIONAL  MIXED  MARTIAL  ARTS PARTICIPANT" OR "PARTICIPANT"
SHALL MEAN ANY INDIVIDUAL WHO PARTICIPATES FOR A MONEY  PRIZE  OR  OTHER
CONSIDERATION IN ANY PROFESSIONAL MIXED MARTIAL ARTS MATCH OR EXHIBITION
SUBJECT TO THE RULES, REGULATIONS AND REQUIREMENTS OF THE COMMISSION AND
THIS  CHAPTER,  OR  WHO TEACHES OR PURSUES OR ASSISTS IN THE PRACTICE OF
MIXED MARTIAL ARTS AS A MEANS OF OBTAINING  A  LIVELIHOOD  OR  PECUNIARY
GAIN.
   2.  PROFESSIONAL  MIXED  MARTIAL ARTS MATCHES AND EXHIBITIONS AUTHOR-
IZED. NO PROFESSIONAL MIXED MARTIAL ARTS MATCH OR  EXHIBITION  SHALL  BE
CONDUCTED,  HELD OR GIVEN WITHIN THE STATE EXCEPT IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION AND THE RULES AND REGULATIONS PROMULGATED  BY
THE COMMISSION PURSUANT THERETO. THE COMMISSION SHALL DIRECT A REPRESEN-
TATIVE  TO  BE  PRESENT AT EACH MATCH OR EXHIBITION HELD PURSUANT TO THE
PROVISIONS OF THIS SECTION.  SUCH  REPRESENTATIVE  SHALL  ASCERTAIN  THE
EXACT CONDITIONS SURROUNDING SUCH MATCH OR EXHIBITION AND MAKE A WRITTEN
REPORT  OF THE SAME IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION.
SUCH MIXED MARTIAL ARTS MATCHES OR EXHIBITIONS MAY BE HELD IN ANY BUILD-
ING FOR WHICH THE COMMISSION IN ITS  DISCRETION  MAY  ISSUE  A  LICENSE.

S. 6609--A                         51                         A. 9709--A

WHERE  SUCH  MATCH  OR EXHIBITION IS AUTHORIZED TO BE HELD IN A STATE OR
CITY OWNED ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT  THERETO
MUST  BE COMPLIED WITH, BUT NO SUCH MATCH OR EXHIBITION SHALL BE HELD IN
A BUILDING WHOLLY USED FOR RELIGIOUS SERVICES.
  3. JURISDICTION OF COMMISSION. (A) THE COMMISSION SHALL HAVE AND HERE-
BY  IS VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURISDIC-
TION OVER ALL PROFESSIONAL MIXED MARTIAL ARTS MATCHES OR EXHIBITIONS  TO
BE  CONDUCTED,  HELD  OR GIVEN WITHIN THE STATE OF NEW YORK AND OVER ALL
LICENSES TO ANY AND ALL PERSONS WHO PARTICIPATE IN  SUCH  MIXED  MARTIAL
ARTS  MATCHES  OR EXHIBITIONS AND OVER ANY AND ALL GYMS, CLUBS, TRAINING
CAMPS AND OTHER ORGANIZATIONS THAT MAINTAIN TRAINING FACILITIES  PROVID-
ING  CONTACT  SPARRING FOR PERSONS WHO PREPARE FOR PARTICIPATION IN SUCH
PROFESSIONAL MIXED MARTIAL ARTS MATCHES OR EXHIBITIONS, EXCEPT AS OTHER-
WISE PROVIDED IN THIS SECTION.
  (B) THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS TO ALLOW FOR
MIXED MARTIAL ARTS COMPETITIONS TO BE CONDUCTED, HELD, OR  GIVEN  WITHIN
THE STATE OF NEW YORK AND SHALL ALLOW FOR LICENSES TO BE APPROVED BY THE
COMMISSION FOR SUCH MATCHES OR EXHIBITIONS. THE COMMISSION IS AUTHORIZED
TO  PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS
SUBDIVISION. SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, THE ADOPTION OF UNIFIED RULES OF MIXED MARTIAL ARTS, A  LICENSING
PROCESS  FOR  MATCHES AND EXHIBITIONS, A FEE SCHEDULE FOR SUCH LICENSES,
PROCEDURES TO ALLOW FOR THE PARTICIPATION, PROMOTION, AND ADVANCEMENT OF
SUCH EVENTS, THE HEALTH AND SAFETY OF PARTICIPANTS, AND THE BEST  INTER-
ESTS OF MIXED MARTIAL ARTS AND THE ADOPTION OF RULES AND REGULATIONS FOR
LICENSING  AND REGULATION OF ANY AND ALL GYMS, CLUBS, TRAINING CAMPS AND
OTHER ORGANIZATIONS THAT MAINTAIN TRAINING FACILITIES PROVIDING  CONTACT
SPARRING FOR PERSONS WHO PREPARE FOR PARTICIPATION IN MIXED MARTIAL ARTS
OR EXHIBITIONS, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
  (C)  THE  COMMISSION  IS  AUTHORIZED  AND DIRECTED TO REQUIRE THAT ALL
SITES WHEREIN PROFESSIONAL MIXED MARTIAL ARTS MATCHES OR EXHIBITIONS ARE
CONDUCTED SHALL COMPLY WITH STATE AND APPLICABLE  LOCAL  SANITARY  CODES
APPROPRIATE TO SCHOOL ATHLETIC FACILITIES.
  4. PERSONS AND ENTITIES REQUIRED TO PROCURE LICENSES. EXCEPT AS OTHER-
WISE  PROVIDED  IN  SUBDIVISION  SIX  OF THIS SECTION, ALL CORPORATIONS,
PERSONS, LIMITED  LIABILITY  COMPANIES,  REFEREES,  JUDGES,  CORPORATION
TREASURERS,  PROFESSIONAL  MIXED MARTIAL ARTS PARTICIPANTS, THEIR MANAG-
ERS, PROMOTERS, TRAINERS AND CHIEF SECONDS  SHALL  BE  LICENSED  BY  THE
COMMISSION,  AND  NO SUCH PERSON OR ENTITY SHALL BE PERMITTED TO PARTIC-
IPATE, EITHER DIRECTLY OR INDIRECTLY, IN ANY PROFESSIONAL MIXED  MARTIAL
ARTS  MATCH OR EXHIBITION, OR THE HOLDING THEREOF, UNLESS SUCH PERSON OR
ENTITY SHALL HAVE FIRST PROCURED A  LICENSE  FROM  THE  COMMISSION.  THE
COMMISSION  SHALL  ESTABLISH  BY RULE AND REGULATION LICENSING STANDARDS
FOR REFEREES, JUDGES, MANAGERS, PROMOTERS, TRAINERS AND CHIEF SECONDS.
  5. LICENSES TO PERSONS OR ENTITIES. (A) THE  COMMISSION  MAY,  IN  ITS
DISCRETION,  ISSUE  A  LICENSE  TO  CONDUCT  OR  HOLD PROFESSIONAL MIXED
MARTIAL ARTS MATCHES OR EXHIBITIONS, SUBJECT TO THE PROVISIONS  OF  THIS
SECTION,  TO  ANY  PERSON, CORPORATION OR LIMITED LIABILITY COMPANY DULY
INCORPORATED OR FORMED, HEREINAFTER REFERRED TO AS "ENTITY".
  (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
CAN FURNISH SUITABLE PREMISES IN WHICH SUCH MATCH OR EXHIBITION IS TO BE
HELD.
  (C) UPON WRITTEN APPLICATION AND THE PAYMENT OF A FEE OF FIVE  HUNDRED
DOLLARS  WHICH  MUST ACCOMPANY THE APPLICATION, THE COMMISSION MAY GRANT
TO ANY ENTITY HOLDING A LICENSE ISSUED HEREUNDER, THE PRIVILEGE OF HOLD-
ING SUCH A MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR

S. 6609--A                         52                         A. 9709--A

IN ANOTHER LOCATION, THAN THE PREMISES OR LOCATION  PREVIOUSLY  APPROVED
BY THE COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE
RULES AND REGULATIONS OF THE COMMISSION.
  (D)  ALL  FINES  AND PENALTIES IMPOSED AND COLLECTED BY THE COMMISSION
FROM ANY ENTITY LICENSED UNDER THE PROVISIONS  OF  THIS  SECTION,  WHICH
FINES AND PENALTIES ARE IMPOSED AND COLLECTED UNDER THE AUTHORITY HEREBY
VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THEREOF BY THE COMMIS-
SION  BE PAID BY THEM INTO THE STATE TREASURY.  THIS PARAGRAPH SHALL NOT
APPLY TO ANY MONEYS COLLECTED BY THE COMMISSION OR BY ITS  EMPLOYEES  OR
OFFICERS  ACTING  AS  AGENTS OF THE COMMISSIONER OF TAXATION AND FINANCE
UNDER ARTICLE 19 OF THE TAX LAW.
  6. TEMPORARY WORKING  PERMITS  FOR  PROFESSIONAL  MIXED  MARTIAL  ARTS
PARTICIPANTS,  MANAGERS,  TRAINERS, CHIEF SECONDS AND ASSISTANT SECONDS.
THE COMMISSION MAY ISSUE TEMPORARY WORKING PERMITS TO PROFESSIONAL MIXED
MARTIAL ARTS PARTICIPANTS, THEIR MANAGERS, TRAINERS, CHIEF  SECONDS  AND
ASSISTANT  SECONDS.  A  TEMPORARY  WORKING  PERMIT  SHALL  AUTHORIZE THE
EMPLOYMENT OF THE HOLDER OF SUCH PERMIT TO ENGAGE IN A SINGLE  MATCH  OR
EXHIBITION AT A SPECIFIED TIME AND PLACE. A TEMPORARY WORKING PERMIT MAY
BE  ISSUED IF IN THE JUDGMENT OF THE COMMISSION THE PARTICIPATION OF THE
HOLDER THEREOF IN A PROFESSIONAL MIXED MARTIAL ARTS MATCH OR  EXHIBITION
WILL BE CONSISTENT WITH THE PURPOSES AND PROVISIONS OF THIS SECTION, THE
BEST  INTERESTS OF THE SPORT GENERALLY, AND THE PUBLIC INTEREST, CONVEN-
IENCE OR NECESSITY. THE COMMISSION MAY REQUIRE THAT  PROFESSIONAL  MIXED
MARTIAL ARTS PARTICIPANTS APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO
A  PHYSICAL  EXAMINATION,  NEUROLOGICAL  OR  NEUROPSYCHOLOGICAL  TEST OR
PROCEDURE, INCLUDING COMPUTED TOMOGRAPHY OR MEDICALLY EQUIVALENT  PROCE-
DURE. THE FEE FOR SUCH TEMPORARY WORKING PERMIT SHALL BE TWENTY DOLLARS.
  7.  LICENSE  FEES;  TERM  OF  LICENSES; RENEWALS. EACH APPLICANT FOR A
LICENSE SHALL, BEFORE A LICENSE IS ISSUED BY THE COMMISSION, PAY TO  THE
COMMISSION,  AN ANNUAL LICENSE FEE AS FOLLOWS: (A) FOR PROMOTERS:  WHERE
THE SEATING CAPACITY IS NOT MORE THAN TWO THOUSAND  FIVE  HUNDRED,  FIVE
HUNDRED  DOLLARS;  WHERE  THE SEATING CAPACITY IS MORE THAN TWO THOUSAND
FIVE HUNDRED BUT NOT MORE THAN  FIVE  THOUSAND,  ONE  THOUSAND  DOLLARS;
WHERE  THE SEATING CAPACITY IS MORE THAN FIVE THOUSAND BUT NOT MORE THAN
FIFTEEN THOUSAND, ONE THOUSAND FIVE HUNDRED DOLLARS; WHERE  THE  SEATING
CAPACITY  IS  MORE  THAN  FIFTEEN THOUSAND BUT NOT MORE THAN TWENTY-FIVE
THOUSAND, TWO THOUSAND FIVE HUNDRED DOLLARS; WHERE THE SEATING  CAPACITY
IS  MORE THAN TWENTY-FIVE THOUSAND, THREE THOUSAND FIVE HUNDRED DOLLARS;
(B) FOR ALL OTHER LICENSES:  REFEREE, ONE HUNDRED DOLLARS;  JUDGES,  ONE
HUNDRED  DOLLARS;  PROFESSIONAL  MIXED  MARTIAL ARTS PARTICIPANTS, FIFTY
DOLLARS; MANAGERS, FIFTY DOLLARS; TRAINERS,  FIFTY  DOLLARS;  AND  CHIEF
SECONDS,  FORTY DOLLARS. EACH LICENSE OR RENEWAL THEREOF ISSUED PURSUANT
TO THIS SUBDIVISION ON OR AFTER OCTOBER FIRST SHALL BE EFFECTIVE  FOR  A
LICENSE  YEAR  EXPIRING  ON THE THIRTIETH DAY OF SEPTEMBER FOLLOWING THE
DATE OF ITS ISSUANCE. THE ANNUAL LICENSE FEE PRESCRIBED BY THIS SUBDIVI-
SION SHALL BE THE LICENSE FEE DUE AND PAYABLE THEREFOR AND SHALL BE PAID
IN ADVANCE AT THE TIME APPLICATION  IS  MADE  THEREFOR,  AND  EACH  SUCH
LICENSE  MAY  BE RENEWED FOR PERIODS OF ONE YEAR UPON THE PAYMENT OF THE
ANNUAL LICENSE FEE PRESCRIBED BY THIS SUBDIVISION.  WITHIN  THREE  YEARS
FROM  THE  DATE  OF  PAYMENT  AND UPON THE AUDIT OF THE COMPTROLLER, THE
COMMISSION MAY REFUND ANY FEE,  OR  UNFORFEITED  POSTED  GUARANTEE  PAID
PURSUANT  TO  THIS SECTION, FOR WHICH NO LICENSE IS ISSUED OR NO SERVICE
RENDERED OR REFUND THAT PORTION OF THE PAYMENT THAT IS IN EXCESS OF  THE
AMOUNT PRESCRIBED BY STATUTE.
  8.  APPLICATION FOR LICENSE; FINGERPRINTS. (A) EVERY APPLICATION FOR A
LICENSE SHALL BE IN WRITING, SHALL BE ADDRESSED TO THE COMMISSION, SHALL

S. 6609--A                         53                         A. 9709--A

BE SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM AS  TRUE  UNDER  THE
PENALTIES  OF  PERJURY, AND SHALL SET FORTH SUCH FACTS AS THE PROVISIONS
HEREOF AND THE RULES AND REGULATIONS OF THE COMMISSION MAY REQUIRE.
  (B)  WHEN AN APPLICATION IS MADE FOR A LICENSE UNDER THIS SECTION, THE
COMMISSION SHALL CAUSE THE FINGERPRINTS OF SUCH APPLICANT,  OR  IF  SUCH
APPLICANT  BE  A CORPORATION, OF THE OFFICERS OF SUCH CORPORATION, OR IF
SUCH APPLICANT BE A LIMITED LIABILITY  COMPANY,  THE  MANAGERS  OF  SUCH
LIMITED LIABILITY COMPANY TO BE TAKEN BY ELECTRONIC MEANS. THE APPLICANT
SHALL  BE  RESPONSIBLE  FOR  THE  COST OF HAVING HIS OR HER FINGERPRINTS
TAKEN.  SUCH FINGERPRINTS SHALL BE TRANSMITTED TO THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES AND MAY BE SUBMITTED TO THE FEDER-
AL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK.
NO SUCH FINGERPRINT MAY BE INSPECTED BY ANY PERSON, OTHER THAN  A  PEACE
OFFICER,  EXCEPT  ON  ORDER  OF A JUDGE OR JUSTICE OF A COURT OF RECORD.
THE DIVISION IS HEREBY AUTHORIZED TO TRANSMIT CRIMINAL HISTORY  INFORMA-
TION TO THE COMMISSION FOR THE PURPOSES OF THIS PARAGRAPH.  THE INFORMA-
TION OBTAINED BY ANY SUCH FINGERPRINT EXAMINATION SHALL BE FOR THE GUID-
ANCE  OF THE COMMISSION IN THE EXERCISE OF ITS DISCRETION IN GRANTING OR
WITHHOLDING THE LICENSE.  THE COMMISSION SHALL  PROVIDE  SUCH  APPLICANT
WITH A COPY OF HIS OR HER CRIMINAL HISTORY RECORD, IF ANY, TOGETHER WITH
A  COPY OF ARTICLE 23-A OF THE CORRECTION LAW, AND INFORM SUCH APPLICANT
OF HIS OR HER RIGHT TO SEEK  CORRECTION  OF  ANY  INCORRECT  INFORMATION
CONTAINED  IN  SUCH RECORD PURSUANT TO REGULATIONS AND PROCEDURES ESTAB-
LISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. ALL  DETERMINATIONS
TO ISSUE, RENEW, SUSPEND OR REVOKE A LICENSE SHALL BE MADE IN ACCORDANCE
WITH SUBDIVISION 16 OF SECTION 296 OF THE EXECUTIVE LAW AND ARTICLE 23-A
OF THE CORRECTION LAW.
  9.  STANDARDS  FOR THE ISSUANCE OF LICENSES. (A) IF IN THE JUDGMENT OF
THE COMMISSION THE FINANCIAL RESPONSIBILITY, EXPERIENCE,  CHARACTER  AND
GENERAL  FITNESS  OF AN APPLICANT, INCLUDING IN THE CASE OF CORPORATIONS
ITS OFFICERS AND STOCKHOLDERS, ARE SUCH THAT THE PARTICIPATION  OF  SUCH
APPLICANT  WILL  BE  CONSISTENT  WITH THE BEST INTERESTS OF PROFESSIONAL
MIXED MARTIAL ARTS, THE PURPOSES OF THIS SECTION INCLUDING THE SAFETY OF
PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS, AND IN THE  PUBLIC  INTER-
EST,  CONVENIENCE  OR NECESSITY, THE COMMISSION SHALL GRANT A LICENSE IN
ACCORDANCE WITH THE PROVISIONS CONTAINED IN THIS SUBDIVISION.
  (B) ANY PROFESSIONAL MIXED MARTIAL ARTS  PARTICIPANT  APPLYING  FOR  A
LICENSE  OR  RENEWAL OF A LICENSE UNDER THIS SUBDIVISION SHALL UNDERGO A
COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL  NEUROLOGICAL  AND
NEUROPSYCHOLOGICAL  EXAMINATIONS  BY A PHYSICIAN APPROVED BY THE COMMIS-
SION. IF, AT THE TIME OF SUCH EXAMINATION, THERE IS  ANY  INDICATION  OF
BRAIN  INJURY,  OR FOR ANY OTHER REASON THE PHYSICIAN DEEMS IT APPROPRI-
ATE, THE PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANT SHALL  BE  REQUIRED
TO UNDERGO FURTHER NEUROLOGICAL AND NEUROPSYCHOLOGICAL EXAMINATIONS BY A
NEUROLOGIST  INCLUDING,  BUT  NOT  LIMITED  TO, A COMPUTED TOMOGRAPHY OR
MEDICALLY EQUIVALENT PROCEDURE. THE COMMISSION SHALL NOT ISSUE A LICENSE
TO A PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANT UNTIL SUCH EXAMINATIONS
ARE COMPLETED AND REVIEWED BY THE COMMISSION. THE RESULTS  OF  ALL  SUCH
EXAMINATIONS  HEREIN  REQUIRED  SHALL  BECOME A PART OF THE PROFESSIONAL
MIXED MARTIAL ARTS PARTICIPANT'S PERMANENT MEDICAL RECORD AS  MAINTAINED
BY  THE COMMISSION. THE COST OF ALL SUCH EXAMINATIONS CALLED FOR IN THIS
SUBDIVISION SHALL BE PAID BY THE APPLICANT AND SUCH  EXAMINATIONS  SHALL
BE  PERFORMED  BY A PHYSICIAN OR NEUROLOGIST APPROVED BY THE COMMISSION,
UNLESS OTHERWISE AUTHORIZED BY THE COMMISSION.

S. 6609--A                         54                         A. 9709--A

  (C) ANY PROFESSIONAL MIXED MARTIAL  ARTS  PARTICIPANT  LICENSED  UNDER
THIS  CHAPTER  SHALL, AS A CONDITION OF LICENSURE, WAIVE RIGHT OF CONFI-
DENTIALITY OF MEDICAL RECORDS RELATING TO THE DIAGNOSIS OR TREATMENT  OF
ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABILITY TO FIGHT. ALL
MEDICAL  REPORTS  SUBMITTED  TO,  AND ALL MEDICAL RECORDS OF THE MEDICAL
ADVISORY BOARD OR THE COMMISSION RELATIVE TO THE PHYSICAL EXAMINATION OR
CONDITION OF PROFESSIONAL  MIXED  MARTIAL  ARTS  PARTICIPANTS  SHALL  BE
CONSIDERED  CONFIDENTIAL,  AND  SHALL BE OPEN TO EXAMINATION ONLY TO THE
COMMISSION OR ITS AUTHORIZED REPRESENTATIVE,  TO  THE  LICENSED  PARTIC-
IPANT,  MANAGER OR CHIEF SECOND UPON WRITTEN APPLICATION TO EXAMINE SAID
RECORDS, OR UPON THE ORDER OF A COURT OF COMPETENT  JURISDICTION  IN  AN
APPROPRIATE CASE.
  10. FINANCIAL INTEREST IN PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS
PROHIBITED. NO PERSON OR ENTITY SHALL HAVE, EITHER DIRECTLY OR INDIRECT-
LY,  ANY FINANCIAL INTEREST IN A PROFESSIONAL MIXED MARTIAL ARTS PARTIC-
IPANT COMPETING ON PREMISES OWNED OR LEASED BY THE PERSON OR ENTITY,  OR
IN  WHICH  SUCH PERSON OR ENTITY IS OTHERWISE INTERESTED EXCEPT PURSUANT
TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION.
  11. PAYMENTS NOT TO BE MADE BEFORE  CONTESTS.  NO  PROFESSIONAL  MIXED
MARTIAL  ARTS PARTICIPANT SHALL BE PAID FOR SERVICES BEFORE THE CONTEST,
AND SHOULD IT BE DETERMINED BY THE COMMISSION THAT SUCH PARTICIPANT  DID
NOT  GIVE  AN  HONEST EXHIBITION OF HIS SKILL, SUCH SERVICE SHALL NOT BE
PAID FOR.
  12. SHAM OR COLLUSIVE EVENTS. (A) ANY  PERSON,  INCLUDING  ANY  CORPO-
RATION AND THE OFFICERS THEREOF, ANY PHYSICIAN, LIMITED LIABILITY COMPA-
NY,  REFEREE, JUDGE, PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANT, MANAG-
ER, TRAINER OR  CHIEF  SECOND,  WHO  SHALL  PROMOTE,  CONDUCT,  GIVE  OR
PARTICIPATE  IN  ANY  SHAM  OR COLLUSIVE PROFESSIONAL MIXED MARTIAL ARTS
MATCH OR EXHIBITION, SHALL BE DEPRIVED OF HIS, HER, OR  ITS  LICENSE  BY
THE COMMISSION.
  (B)  NO  LICENSED ENTITY SHALL KNOWINGLY ENGAGE IN A COURSE OF CONDUCT
IN WHICH PROFESSIONAL MIXED MARTIAL  ARTS  MATCHES  OR  EXHIBITIONS  ARE
ARRANGED  WHERE  ONE  PROFESSIONAL  MIXED  MARTIAL  ARTS PARTICIPANT HAS
SKILLS OR EXPERIENCE SIGNIFICANTLY IN EXCESS OF HIS OR HER  OPPONENT  SO
THAT  A  MISMATCH  RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO EITHER
PARTICIPANT. IF SUCH ACTION OCCURS, THE  COMMISSION  MAY  INTERVENE  AND
PROHIBIT  SUCH MATCH OR EXHIBITION AND MAY EXERCISE ITS POWERS TO DISCI-
PLINE UNDER SUBDIVISIONS 13 AND 14 OF THIS SECTION, PROVIDED THAT  NOTH-
ING  IN  THIS SUBDIVISION SHALL AUTHORIZE THE COMMISSION TO INTERVENE OR
PROHIBIT A PROFESSIONAL MIXED MARTIAL ARTS MATCH OR EXHIBITION SOLELY ON
THE BASIS OF THE DIFFERENCE  BETWEEN  RESPECTIVE  PARTICIPANT'S  MARTIAL
ARTS DISCIPLINES.
  13. IMPOSITION OF PENALTIES FOR VIOLATIONS. ANY ENTITY, LICENSED UNDER
THE  PROVISIONS  OF THIS SECTION, THAT SHALL KNOWINGLY VIOLATE ANY RULE,
REGULATION, OR ORDER OF THE COMMISSION OR ANY PROVISION OF THIS SECTION,
IN ADDITION TO ANY OTHER PENALTY BY LAW PRESCRIBED, SHALL BE LIABLE  FOR
A CIVIL PENALTY NOT EXCEEDING TEN THOUSAND DOLLARS FOR THE FIRST OFFENSE
AND  NOT  EXCEEDING TWENTY-FIVE THOUSAND DOLLARS FOR THE SECOND AND EACH
SUBSEQUENT OFFENSE, TO BE IMPOSED BY THE COMMISSION, TO BE SUED  FOR  BY
THE  ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK
IF DIRECTED BY THE COMMISSION. THE AMOUNT OF THE  PENALTY  COLLECTED  BY
THE  COMMISSION  OR RECOVERED IN ANY SUCH ACTION, OR PAID TO THE COMMIS-
SION UPON A COMPROMISE AS HEREINAFTER PROVIDED, SHALL BE TRANSMITTED  BY
THE  DEPARTMENT  OF  STATE  INTO  THE STATE TREASURY AND CREDITED TO THE
GENERAL FUND. THE COMMISSION, FOR CAUSE SHOWN, MAY EXTEND THE  TIME  FOR

S. 6609--A                         55                         A. 9709--A

THE PAYMENT OF SUCH PENALTY AND, BY COMPROMISE, MAY ACCEPT LESS THAN THE
AMOUNT OF SUCH PENALTY AS IMPOSED IN SETTLEMENT THEREOF.
  14. REVOCATION OR SUSPENSION OF LICENSES. (A) ANY LICENSE ISSUED UNDER
THE  PROVISIONS  OF  THIS  SECTION  MAY  BE  REVOKED OR SUSPENDED BY THE
COMMISSION FOR THE REASON THEREIN STATED, THAT THE LICENSEE HAS, IN  THE
JUDGMENT  OF  THE  COMMISSION,  BEEN GUILTY OF AN ACT DETRIMENTAL TO THE
INTERESTS OF PROFESSIONAL MIXED MARTIAL ARTS GENERALLY OR TO THE  PUBLIC
INTEREST, CONVENIENCE OR NECESSITY.
  (B)  WITHOUT  OTHERWISE  LIMITING  THE DISCRETION OF THE COMMISSION AS
PROVIDED IN THIS SECTION, THE COMMISSION MAY SUSPEND OR REVOKE A LICENSE
OR REFUSE TO RENEW OR ISSUE A LICENSE, IF IT SHALL FIND THAT THE  APPLI-
CANT OR LICENSEE: (1) HAS BEEN CONVICTED OF A CRIME IN ANY JURISDICTION;
(2)  IS ASSOCIATING OR CONSORTING WITH ANY PERSON WHO HAS OR PERSONS WHO
HAVE BEEN CONVICTED OF A CRIME OR CRIMES IN ANY JURISDICTION  OR  JURIS-
DICTIONS;  (3) HAS BEEN GUILTY OF OR ATTEMPTED ANY FRAUD OR MISREPRESEN-
TATION  IN  CONNECTION  WITH  COMBATIVE  SPORTS;  (4)  HAS  VIOLATED  OR
ATTEMPTED  TO VIOLATE ANY LAW WITH RESPECT TO PROFESSIONAL MIXED MARTIAL
ARTS IN ANY JURISDICTION OR ANY RULE, REGULATION OR ORDER OF THE COMMIS-
SION, OR SHALL HAVE VIOLATED ANY RULE OF PROFESSIONAL MIXED MARTIAL ARTS
WHICH SHALL HAVE BEEN APPROVED OR ADOPTED BY THE COMMISSION, OR HAS BEEN
GUILTY OF OR ENGAGED IN SIMILAR, RELATED OR LIKE PRACTICES; OR  (5)  HAS
NOT  ACTED  IN  THE  BEST  INTEREST OF MIXED MARTIAL ARTS.  ALL DETERMI-
NATIONS TO ISSUE, RENEW, SUSPEND OR REVOKE A LICENSE SHALL  BE  MADE  IN
ACCORDANCE  WITH  SUBDIVISION 16 OF SECTION 296 OF THE EXECUTIVE LAW AND
ARTICLE 23-A OF THE CORRECTION LAW AS APPLICABLE.
  (C) NO PARTICIPANT MAY, UNDER ANY  CIRCUMSTANCES, COMPETE OR APPEAR IN
A PROFESSIONAL MIXED MARTIAL ARTS MATCH OR EXHIBITION WITHIN NINETY DAYS
OF HAVING SUFFERED A KNOCKOUT OR TECHNICAL KNOCKOUT IN ANY SUCH MATCH OR
EXHIBITION WITHOUT CLEARANCE BY THE COMMISSION, OR WITHIN NINETY DAYS OF
BEING RENDERED UNCONSCIOUS IN ANY SUCH MATCH OR EXHIBITION  WHERE  THERE
IS  EVIDENCE  OF  HEAD  TRAUMA AS DETERMINED BY THE ATTENDING COMMISSION
PHYSICIAN AND SHALL UNDERGO SUCH EXAMINATIONS AS  REQUIRED  UNDER  PARA-
GRAPH  (B)  OF  SUBDIVISION  20  OF THIS SECTION. THE PROFESSIONAL MIXED
MARTIAL ARTS PARTICIPANT SHALL BE CONSIDERED SUSPENDED FROM PROFESSIONAL
MIXED MARTIAL ARTS MATCHES OR EXHIBITIONS BY THE  COMMISSION  AND  SHALL
FORFEIT  HIS  LICENSE  TO  THE  COMMISSION  DURING  SUCH PERIOD AND SUCH
LICENSE SHALL NOT BE RETURNED TO THE PARTICIPANT UNTIL  THE  PARTICIPANT
HAS  MET  ALL  REQUIREMENTS, MEDICAL AND OTHERWISE, FOR REINSTATEMENT OF
SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL  BE  RECORDED  IN  THE  PARTIC-
IPANT'S LICENSE BY A COMMISSION OFFICIAL.
  (D)  THE  COMMISSION MAY AT ANY TIME SUSPEND, REVOKE OR DENY A PARTIC-
IPANT'S LICENSE OR TEMPORARY WORKING PERMIT FOR MEDICAL REASONS.
  (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  IF  ANY  OTHER  STATE
SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE OR APPEAR IN A PROFESSIONAL
MIXED  MARTIAL ARTS MATCH OR EXHIBITION IN THAT STATE BASED ON A KNOWING
AND INTENTIONAL ENGAGEMENT IN ANY PROHIBITED PRACTICES  OF  SUCH  STATE,
THE  COMMISSION  MAY ACT TO REVOKE ANY LICENSE TO COMPETE OR APPEAR IN A
PROFESSIONAL MIXED MARTIAL ARTS  MATCH  OR  EXHIBITION  ISSUED  TO  SUCH
LICENSEE PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (F)  THE  COMMISSION  MAY SUSPEND ANY LICENSE IT HAS ISSUED BY A DATED
NOTICE TO THAT EFFECT TO THE SUSPENDED LICENSEE, MAILED OR DELIVERED  TO
THE  LICENSEE, AND SPECIFYING THE EFFECTIVE DATE AND TERM OF THE SUSPEN-
SION, PROVIDED HOWEVER THAT THE COMMISSION REPRESENTATIVE IN CHARGE OF A
CONTEST OR EXHIBITION MAY THEN AND THERE TEMPORARILY SUSPEND ANY LICENSE
ISSUED BY THE COMMISSION WITHOUT SUCH NOTICE. IN THE EVENT OF  A  TEMPO-
RARY  SUSPENSION, THE COMMISSION SHALL MAIL OR DELIVER THE NOTICE TO THE

S. 6609--A                         56                         A. 9709--A

SUSPENDED LICENSEE  WITHIN  THREE  BUSINESS  DAYS  AFTER  THE  TEMPORARY
SUSPENSION.  IN  EITHER  CASE SUCH SUSPENSION MAY BE WITHOUT ANY ADVANCE
HEARING. UPON THE RECEIPT OF SUCH NOTICE OF  SUSPENSION,  THE  SUSPENDED
LICENSEE  MAY  APPLY  TO  THE  COMMISSION FOR A HEARING ON THE MATTER TO
DETERMINE WHETHER SUCH SUSPENSION SHOULD BE RESCINDED. SUCH  APPLICATION
FOR  A HEARING MUST BE IN WRITING AND MUST BE RECEIVED BY THE COMMISSION
WITHIN THIRTY DAYS AFTER THE DATE OF NOTICE OF SUSPENSION.  THE  COMMIS-
SION SHALL HAVE THE AUTHORITY TO REVOKE ANY LICENSE ISSUED BY IT. BEFORE
ANY  LICENSE IS SO REVOKED, THE LICENSEE WILL BE OFFERED THE OPPORTUNITY
AT A HEARING HELD BY OR ON BEHALF OF THE COMMISSION TO  SHOW  CAUSE  WHY
THE LICENSE SHOULD NOT BE REVOKED. THE COMMISSION SHALL OFFER THE OPPOR-
TUNITY  FOR  A  HEARING  TO  AN  AFFECTED PERSON BEFORE TAKING ANY FINAL
ACTION NEGATIVELY AFFECTING SUCH PERSON'S INDIVIDUAL PRIVILEGES OR PROP-
ERTY GRANTED BY A LICENSE DULY ISSUED BY THE COMMISSION  OR  A  CONTRACT
APPROVED  BY AND FILED WITH THE COMMISSION. IN ALL SUCH HEARINGS, LICEN-
SEES AND OTHER WITNESSES SHALL TESTIFY UNDER OATH OR AFFIRMATION,  WHICH
MAY  BE ADMINISTERED BY ANY COMMISSIONER OR AUTHORIZED REPRESENTATIVE OF
THE COMMISSION ACTUALLY PRESENT. THE COMMISSION SHALL BE THE SOLE  JUDGE
OF  THE  RELEVANCY  AND  COMPETENCY OF TESTIMONY AND OTHER EVIDENCE, THE
CREDIBILITY OF WITNESSES, AND THE SUFFICIENCY OF EVIDENCE. HEARINGS  MAY
BE  CONDUCTED  BY REPRESENTATIVES OF THE COMMISSION IN THE DISCRETION OF
THE COMMISSION. IN SUCH CASES, THE COMMISSION REPRESENTATIVES CONDUCTING
THE HEARING SHALL SUBMIT FINDINGS OF FACT  AND  RECOMMENDATIONS  TO  THE
COMMISSION, WHICH SHALL NOT BE BINDING ON THE COMMISSION.
  15.  ADVERTISING MATTER TO STATE ADMISSION PRICE. IT SHALL BE THE DUTY
OF EVERY ENTITY PROMOTING OR CONDUCTING  A  PROFESSIONAL  MIXED  MARTIAL
ARTS  MATCH  OR  EXHIBITION SUBJECT TO THE PROVISIONS OF THIS SECTION TO
CAUSE TO BE INSERTED IN EACH SHOW CARD, BILL, POSTER,  NEWSPAPER  ADVER-
TISEMENT  OF  ANY  PROFESSIONAL  MIXED  MARTIAL ARTS MATCH OR EXHIBITION
GIVEN BY IT, THE PRICE OF ADMISSION THERETO. VIOLATION OF THE PROVISIONS
OF THIS SUBDIVISION SHALL SUBJECT THE ENTITY TO A FINE  OF  ONE  HUNDRED
DOLLARS.
  16.  TICKETS  TO  INDICATE PURCHASE PRICE. ALL TICKETS OF ADMISSION TO
ANY PROFESSIONAL  MIXED  MARTIAL  ARTS  MATCH  OR  EXHIBITION  SHALL  BE
CONTROLLED  BY  THE  PROVISIONS  OF  ARTICLE 25 OF THE ARTS AND CULTURAL
AFFAIRS LAW. IT SHALL BE UNLAWFUL FOR ANY ENTITY TO ADMIT TO SUCH  MATCH
OR  EXHIBITION  A  NUMBER OF PEOPLE GREATER THAN THE SEATING CAPACITY OF
THE PLACE WHERE SUCH MATCH OR EXHIBITION  IS  HELD.  VIOLATION  OF  THIS
SUBDIVISION  SHALL  BE A MISDEMEANOR AND SHALL BE PUNISHABLE AS SUCH AND
IN ADDITION SHALL INCUR FORFEITURE OF LICENSE.
  17. EQUIPMENT OF BUILDINGS FOR MATCHES OR EXHIBITIONS.  ALL  BUILDINGS
OR  STRUCTURES  USED  OR  INTENDED TO BE USED FOR HOLDING OR GIVING SUCH
PROFESSIONAL MIXED MARTIAL ARTS MATCHES OR EXHIBITIONS SHALL BE PROPERLY
VENTILATED AND PROVIDED WITH FIRE EXITS AND FIRE  ESCAPES,  AND  IN  ALL
MANNER  CONFORM  TO  THE  LAWS, ORDINANCES AND REGULATIONS PERTAINING TO
BUILDINGS IN THE COUNTY, CITY, TOWN OR VILLAGE WHERE SITUATED.
  18. AGE OF PARTICIPANTS AND SPECTATORS.  NO PERSON UNDER  THE  AGE  OF
EIGHTEEN  YEARS SHALL PARTICIPATE IN ANY PROFESSIONAL MIXED MARTIAL ARTS
MATCH OR EXHIBITION, AND NO PERSON UNDER SIXTEEN YEARS OF AGE  SHALL  BE
PERMITTED  TO  ATTEND  AS  A SPECTATOR; PROVIDED, HOWEVER, THAT A PERSON
UNDER THE AGE OF SIXTEEN SHALL BE PERMITTED TO ATTEND AS A SPECTATOR  IF
ACCOMPANIED BY A PARENT OR GUARDIAN.
  19.  REGULATION  OF  CONDUCT OF MATCHES OR EXHIBITIONS. (A) EXCEPT FOR
CHAMPIONSHIP MATCHES, WHICH SHALL NOT  BE  MORE  THAN  FIVE  ROUNDS,  NO
PROFESSIONAL  MIXED  MARTIAL ARTS MATCH OR EXHIBITION SHALL BE MORE THAN
THREE ROUNDS IN LENGTH.  NO PARTICIPANT SHALL BE ALLOWED TO  PARTICIPATE

S. 6609--A                         57                         A. 9709--A

IN MORE THAN THREE MATCHES OR EXHIBITIONS OR COMPETE FOR MORE THAN SIXTY
MINUTES  WITHIN  SEVENTY-TWO CONSECUTIVE HOURS.  NO PARTICIPANT SHALL BE
ALLOWED TO COMPETE IN ANY SUCH MATCH OR  EXHIBITION  WITHOUT  WEARING  A
MOUTHGUARD  AND  A  PROTECTIVE  GROIN  CUP.   AT EACH PROFESSIONAL MIXED
MARTIAL ARTS MATCH OR EXHIBITION, THERE SHALL BE IN  ATTENDANCE  A  DULY
LICENSED  REFEREE WHO SHALL DIRECT AND CONTROL THE SAME. BEFORE STARTING
SUCH CONTEST THE REFEREE SHALL ASCERTAIN FROM EACH PARTICIPANT THE  NAME
OF  HIS  OR  HER MANAGER OR CHIEF SECOND, AND SHALL HOLD SUCH MANAGER OR
CHIEF SECOND RESPONSIBLE FOR THE CONDUCT OF HIS OR HER ASSISTANT SECONDS
DURING THE PROGRESS OF THE MATCH OR EXHIBITION.   THE  COMMISSION  SHALL
HAVE  THE POWER IN ITS DISCRETION TO DECLARE FORFEITED ANY PRIZE, REMUN-
ERATION OR PURSE, OR ANY PART THEREOF, BELONGING TO THE PARTICIPANTS  OR
ONE  OF  THEM, OR THE SHARE THEREOF OF ANY MANAGER OR CHIEF SECOND IF IN
ITS JUDGMENT, SUCH PARTICIPANT OR PARTICIPANTS ARE NOT HONESTLY  COMPET-
ING  OR  THE PARTICIPANT OR MANAGER OR CHIEF SECOND OF A PARTICIPANT, AS
THE CASE MAY BE, HAS COMMITTED AN ACT IN THE PREMISES  IN  VIOLATION  OF
ANY  RULE,  REGULATION,  OR ORDER OF THE COMMISSION OR PROVISION OF THIS
SECTION. THE AMOUNT SO FORFEITED SHALL BE PAID WITHIN FORTY-EIGHT  HOURS
TO  THE  COMMISSION.  THERE  SHALL  ALSO  BE  IN  ATTENDANCE, THREE DULY
LICENSED JUDGES WHO SHALL AT THE TERMINATION OF EACH  SUCH  PROFESSIONAL
MIXED  MARTIAL  ARTS  MATCH  OR  EXHIBITION RENDER THEIR DECISION.   THE
WINNER OF SUCH MATCH OR EXHIBITION SHALL  BE  DETERMINED  IN  ACCORDANCE
WITH  A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.  PROVIDED, HOWEVER,
THAT A PARTICIPANT MAY TERMINATE THE CONTEST BY SIGNALLING TO THE REFER-
EE THAT SUCH PARTICIPANT SUBMITS TO THE OPPONENT.
  (B) THE COMMISSION MAY BY RULE, REGULATION OR ORDER, REQUIRE THE PRES-
ENCE OF ANY MEDICAL EQUIPMENT AND PERSONNEL AT EACH  PROFESSIONAL  MIXED
MARTIAL  ARTS  MATCH OR EXHIBITION AS IS NECESSARY OR BENEFICIAL FOR THE
SAFETY AND PROTECTION OF THE PARTICIPANTS;  AND  MAY  ALSO  REQUIRE  THE
PRESENCE  OF  AN  AMBULANCE  OR  OTHER APPARATUS AT THE SITE OF ANY SUCH
MATCH OR EXHIBITION OR THE PROMULGATION OF AN EMERGENCY MEDICAL PLAN  IN
LIEU THEREOF.
  (C) THE COMMISSION SHALL PRESCRIBE BY RULE OR REGULATION THE RESPONSI-
BILITIES  OF  MANAGERS,  TRAINERS AND CHIEF SECONDS PRIOR TO, DURING AND
AFTER A PROFESSIONAL MIXED MARTIAL ARTS MATCH OR EXHIBITION IN ORDER  TO
PROMOTE THE SAFETY OF THE PARTICIPANTS AT ALL TIMES.
  (D)  THE  COMMISSION  SHALL  REQUIRE  BY  RULE  OR REGULATION THAT ANY
PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANT LICENSED UNDER THIS  SECTION
PRESENT  TO A DESIGNATED COMMISSION OFFICIAL, BEFORE EACH MATCH OR EXHI-
BITION IN WHICH HE OR SHE FIGHTS IN THIS STATE, A  LICENSE  WHICH  SHALL
INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING INFORMATION: (1) THE PARTIC-
IPANT'S  NAME,  PHOTOGRAPH,  SOCIAL  SECURITY NUMBER, DATE OF BIRTH, AND
OTHER IDENTIFYING INFORMATION; (2)  THE  PARTICIPANT'S  PRIOR  MATCH  OR
EXHIBITION  HISTORY  INCLUDING THE DATES, LOCATION, AND DECISION OF SUCH
MATCHES OR EXHIBITIONS;  AND  (3)  THE  PARTICIPANT'S  MEDICAL  HISTORY,
RELATING  TO  ANY  PHYSICAL  CONDITION,  MEDICAL TEST OR PROCEDURE WHICH
RELATES TO HIS OR HER ABILITY TO FIGHT, AND  A  RECORD  OF  ALL  MEDICAL
SUSPENSIONS.
  20. EXAMINATION BY PHYSICIAN; COST. (A) ALL PARTICIPANTS MUST BE EXAM-
INED  BY  A  PHYSICIAN  DESIGNATED BY THE COMMISSION BEFORE ENTERING THE
RING AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE  COMMISSION
A  WRITTEN REPORT OF SUCH EXAMINATION. THE COST OF ANY SUCH EXAMINATION,
AS PRESCRIBED BY A SCHEDULE OF FEES ESTABLISHED BY THE COMMISSION, SHALL
BE PAID BY THE PERSON OR ENTITY CONDUCTING THE MATCH  OR  EXHIBITION  TO
THE  COMMISSION,  WHICH SHALL THEN PAY THE FEE COVERING SUCH COST TO THE
EXAMINING PHYSICIAN, IN ACCORDANCE WITH THE RULES OF THE COMMISSION.

S. 6609--A                         58                         A. 9709--A

  (B) ANY  PROFESSIONAL  MIXED  MARTIAL  ARTS  PARTICIPANT  LICENSED  OR
PERMITTED  UNDER  THIS  SECTION  RENDERED  UNCONSCIOUS OR SUFFERING HEAD
TRAUMA AS DETERMINED BY THE ATTENDING  PHYSICIAN  SHALL  BE  IMMEDIATELY
EXAMINED  BY THE ATTENDING COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO
UNDERGO  NEUROLOGICAL  AND NEUROPSYCHOLOGICAL EXAMINATIONS BY A NEUROLO-
GIST INCLUDING BUT NOT LIMITED TO A  COMPUTED  TOMOGRAPHY  OR  MEDICALLY
EQUIVALENT PROCEDURE. ANY PARTICIPANT SO INJURED SHALL NOT APPEAR IN ANY
MATCH  OR  EXHIBITION UNTIL RESULTS OF SUCH EXAMINATIONS ARE REVIEWED BY
THE COMMISSION. THE RESULTS OF ALL  SUCH  EXAMINATIONS  HEREIN  REQUIRED
SHALL  BECOME  A  PART OF THE PARTICIPANT'S PERMANENT MEDICAL RECORDS AS
MAINTAINED BY THE COMMISSION AND SHALL BE  USED  BY  THE  COMMISSION  TO
DETERMINE  WHETHER  A  PARTICIPANT  SHALL  BE PERMITTED TO APPEAR IN ANY
FUTURE PROFESSIONAL MIXED MARTIAL ARTS MATCH OR EXHIBITION.   THE  COSTS
OF  ALL  SUCH EXAMINATIONS CALLED FOR IN THIS PARAGRAPH SHALL BE ASSUMED
BY THE PERSON OR ENTITY OR PROMOTER IF SUCH EXAMINATIONS  ARE  PERFORMED
BY A PHYSICIAN APPROVED BY THE COMMISSION.
  (C) IN ADDITION TO ANY OTHER EXAMINATION PROVIDED FOR IN THIS SECTION,
THE  COMMISSION  MAY AT ANY TIME REQUIRE A LICENSED OR PERMITTED PARTIC-
IPANT TO UNDERGO A PHYSICAL EXAMINATION, INCLUDING ANY  NEUROLOGICAL  OR
NEUROPSYCHOLOGICAL  TEST  OR  PROCEDURE. THE COST OF AN EXAM PURSUANT TO
THIS PARAGRAPH SHALL BE ASSUMED BY THE STATE.
  21. PHYSICIAN TO BE IN ATTENDANCE; POWERS OF SUCH  PHYSICIAN.  (A)  IT
SHALL  BE  THE  DUTY  OF EVERY ENTITY LICENSED TO CONDUCT A PROFESSIONAL
MIXED MARTIAL ARTS MATCH OR EXHIBITION, TO HAVE IN  ATTENDANCE  AT  SUCH
MATCH  OR EXHIBITION AT LEAST ONE PHYSICIAN DESIGNATED BY THE COMMISSION
AS THE RULES SHALL PROVIDE. THE COMMISSION MAY ESTABLISH A  SCHEDULE  OF
FEES  TO  BE  PAID BY THE LICENSEE TO COVER THE COST OF SUCH ATTENDANCE.
SUCH FEES SHALL BE PAID TO THE COMMISSION, WHICH  SHALL  THEN  PAY  SUCH
FEES TO THE PHYSICIANS ENTITLED THERETO, IN ACCORDANCE WITH THE RULES OF
THE COMMISSION.
  (B)  THE PHYSICIAN SHALL TERMINATE ANY PROFESSIONAL MIXED MARTIAL ARTS
MATCH OR EXHIBITION IF IN THE OPINION OF SUCH PHYSICIAN ANY  PARTICIPANT
HAS RECEIVED SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS PHYSICAL INJU-
RY.  IN  THE  EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL
IMMEDIATELY RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND  FURTHER
TREATMENT  OR  HOSPITALIZATION  IF REQUIRED, AND FULLY REPORT THE ENTIRE
MATTER TO THE COMMISSION WITHIN  TWENTY-FOUR  HOURS  AND  IF  NECESSARY,
SUBSEQUENTLY  THEREAFTER.  SUCH  PHYSICIAN  MAY  ALSO  REQUIRE  THAT THE
INJURED PARTICIPANT AND HIS OR HER MANAGER OR CHIEF SECOND REMAIN IN THE
RING OR ON THE PREMISES OR REPORT TO A HOSPITAL AFTER  THE  CONTEST  FOR
SUCH PERIOD OF TIME AS SUCH PHYSICIAN DEEMS ADVISABLE.
  (C)  SUCH  PHYSICIAN  MAY  ENTER THE RING AT ANY TIME DURING A PROFES-
SIONAL MIXED MARTIAL ARTS MATCH OR  EXHIBITION  AND  MAY  TERMINATE  THE
MATCH  OR  EXHIBITION  IF IN HIS OR HER OPINION THE SAME IS NECESSARY TO
PREVENT SEVERE PUNISHMENT OR SERIOUS PHYSICAL INJURY TO A PARTICIPANT.
  22. BOND. BEFORE A LICENSE SHALL BE GRANTED TO A PERSON OR  ENTITY  TO
CONDUCT  A  PROFESSIONAL  MIXED  MARTIAL  ARTS  MATCH OR EXHIBITION, THE
APPLICANT SHALL EXECUTE AND FILE WITH THE STATE COMPTROLLER A BOND IN AN
AMOUNT TO BE DETERMINED BY THE COMMISSION, TO BE APPROVED AS TO FORM AND
SUFFICIENCY OF SURETIES THEREON BY THE COMPTROLLER, CONDITIONED FOR  THE
FAITHFUL  PERFORMANCE  BY  SUCH ENTITY OF THE PROVISIONS OF THIS SECTION
AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING AND
APPROVAL OF SUCH BOND THE STATE COMPTROLLER SHALL ISSUE TO  SUCH  APPLI-
CANT  A  CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE BY SUCH
APPLICANT FILED IN THE OFFICE OF THE COMMISSION WITH ITS APPLICATION FOR
LICENSE, AND NO SUCH LICENSE SHALL  BE  ISSUED  UNTIL  SUCH  CERTIFICATE

S. 6609--A                         59                         A. 9709--A

SHALL  BE  FILED. IN CASE OF DEFAULT IN SUCH PERFORMANCE, THE COMMISSION
MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT MORE THAN ONE
THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED BY THE  ATTOR-
NEY  GENERAL  IN  THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK IN THE
SAME MANNER AS OTHER PENALTIES ARE  RECOVERED  BY  LAW;  ANY  AMOUNT  SO
RECOVERED SHALL BE PAID INTO THE GENERAL FUND OF THE STATE.
  23.  BOND  FOR PURSES, SALARIES AND OTHER EXPENSES. IN ADDITION TO THE
BOND REQUIRED BY SUBDIVISION 22 OF THIS SECTION, EACH  APPLICANT  FOR  A
LICENSE  TO  CONDUCT  PROFESSIONAL MIXED MARTIAL ARTS MATCHES OR EXHIBI-
TIONS SHALL EXECUTE AND FILE WITH THE STATE COMPTROLLER  A  BOND  IN  AN
AMOUNT  TO BE DETERMINED BY THE COMMISSION TO BE APPROVED AS TO FORM AND
SUFFICIENCY OF SURETIES THEREON BY THE COMPTROLLER, CONDITIONED FOR  AND
GUARANTEEING  THE  PAYMENT  OF  PROFESSIONAL  MIXED MARTIAL ARTS PARTIC-
IPANTS' PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY  THE  COMMISSION,
AND  THE  LEGITIMATE  EXPENSES  OF  PRINTING TICKETS AND ALL ADVERTISING
MATERIAL AS WELL AS TAX LIABILITY UNDER ARTICLE 19 OF THE TAX LAW.
  24. DUTY TO PROVIDE INSURANCE FOR LICENSED PROFESSIONAL MIXED  MARTIAL
ARTS  PARTICIPANTS.  (A) ALL ENTITIES HAVING LICENSES AS PROMOTERS SHALL
CONTINUOUSLY PROVIDE INSURANCE FOR THE PROTECTION  OF  LICENSED  PROFES-
SIONAL  MIXED MARTIAL ARTS PARTICIPANTS, APPEARING IN PROFESSIONAL MIXED
MARTIAL ARTS MATCHES OR EXHIBITIONS.    SUCH  INSURANCE  COVERAGE  SHALL
PROVIDE  FOR REIMBURSEMENT TO THE LICENSED ATHLETE FOR MEDICAL, SURGICAL
AND HOSPITAL CARE, WITH A MINIMUM LIMIT OF FIFTY  THOUSAND  DOLLARS  FOR
INJURIES SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE
CONTROL OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF ONE HUNDRED THOU-
SAND  DOLLARS  TO THE ESTATE OF ANY DECEASED ATHLETE WHERE SUCH DEATH IS
OCCASIONED BY INJURIES RECEIVED DURING THE COURSE OF A MATCH OR  EXHIBI-
TION  IN WHICH SUCH LICENSED ATHLETE PARTICIPATED UNDER THE PROMOTION OR
CONTROL OF ANY LICENSED PROMOTER.  THE COMMISSION MAY FROM TIME TO TIME,
IN ITS DISCRETION, INCREASE THE AMOUNT OF SUCH MINIMUM LIMITS.
  (B) THE FAILURE TO PAY PREMIUMS ON SUCH INSURANCE AS  IS  REQUIRED  BY
PARAGRAPH  (A)  OF THIS SUBDIVISION SHALL BE CAUSE FOR THE SUSPENSION OR
THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING PROMOTER.
  25. NOTICE OF CONTEST; COLLECTION OF TAX. (A) EVERY PERSON  OR  ENTITY
HOLDING  ANY  PROFESSIONAL  MIXED  MARTIAL  ARTS MATCH OR EXHIBITION FOR
WHICH AN ADMISSION FEE IS CHARGED OR RECEIVED OR WHICH IS TO  BE  BROAD-
CAST  OR  FOR  WHICH  A  PARTICIPANT RECEIVES CONSIDERATION OF ANY KIND,
SHALL NOTIFY THE ATHLETIC COMMISSION TEN DAYS IN ADVANCE OF THE  HOLDING
OF  SUCH  CONTEST. ALL TICKETS OF ADMISSION TO ANY SUCH MATCH OR EXHIBI-
TION SHALL BE PROCURED FROM A  PRINTER  DULY  AUTHORIZED  BY  THE  STATE
ATHLETIC  COMMISSION  TO  PRINT SUCH TICKETS AND SHALL BEAR CLEARLY UPON
THE FACE THEREOF THE PURCHASE PRICE AND  LOCATION  OF  SAME.  AN  ENTITY
FAILING  TO FULLY COMPLY WITH THIS SECTION SHALL BE SUBJECT TO A PENALTY
OF FIVE HUNDRED DOLLARS TO BE COLLECTED BY AND PAID TO THE DEPARTMENT OF
STATE, AS WELL AS ANY PENALTY IMPOSED BY THE TAX LAW. A PERSON OR ENTITY
IS PROHIBITED FROM OPERATING ANY MATCHES OR EXHIBITIONS UNTIL ALL PENAL-
TIES DUE PURSUANT TO THIS SUBDIVISION AND ALL TAXES, INTEREST AND PENAL-
TIES DUE PURSUANT TO ARTICLES 19, 28 AND 29 OF THE  TAX  LAW  HAVE  BEEN
PAID.
  (B) THE ATHLETIC COMMISSION SHALL PROVIDE THE COMMISSIONER OF TAXATION
AND  FINANCE  WITH  SUCH  INFORMATION AND TECHNICAL ASSISTANCE AS MAY BE
NECESSARY FOR THE PROPER ADMINISTRATION OF ANY TAX ADMINISTERED BY  SUCH
COMMISSIONER.
  26.  REGULATION  OF  JUDGES.  (A)  JUDGES  FOR  ANY PROFESSIONAL MIXED
MARTIAL ARTS MATCH OR EXHIBITION UNDER THE JURISDICTION OF  THE  COMMIS-

S. 6609--A                         60                         A. 9709--A

SION  SHALL  BE  SELECTED  BY  THE  COMMISSION  FROM A LIST OF QUALIFIED
LICENSED JUDGES MAINTAINED BY THE COMMISSION.
  (B)  ANY PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANT, MANAGER OR CHIEF
SECOND MAY PROTEST THE ASSIGNMENT OF A JUDGE  TO  A  PROFESSIONAL  MIXED
MARTIAL  ARTS  MATCH OR EXHIBITION AND THE PROTESTING PROFESSIONAL MIXED
MARTIAL ARTS PARTICIPANT, MANAGER OR CHIEF SECOND MAY BE  HEARD  BY  THE
COMMISSION  OR ITS DESIGNEE IF SUCH PROTEST IS TIMELY. IF THE PROTEST IS
UNTIMELY IT SHALL BE SUMMARILY REJECTED.
  (C) EACH PERSON SEEKING TO BE LICENSED AS A JUDGE  BY  THE  COMMISSION
SHALL  BE  REQUIRED  TO SUBMIT TO OR PROVIDE PROOF OF AN EYE EXAMINATION
AND ANNUALLY THEREAFTER ON  THE  ANNIVERSARY  OF  THE  ISSUANCE  OF  THE
LICENSE.  EACH  PERSON  SEEKING  TO BE A PROFESSIONAL MIXED MARTIAL ARTS
JUDGE IN THE STATE SHALL BE CERTIFIED AS  HAVING  COMPLETED  A  TRAINING
PROGRAM  AS  APPROVED  BY THE COMMISSION AND SHALL HAVE PASSED A WRITTEN
EXAMINATION APPROVED BY THE COMMISSION COVERING ASPECTS OF  PROFESSIONAL
MIXED  MARTIAL  ARTS  INCLUDING,  BUT  NOT  LIMITED TO, THE RULES OF THE
SPORT, THE LAW OF THE STATE RELATING TO THE COMMISSION, AND BASIC  FIRST
AID.  THE  COMMISSION  SHALL  ESTABLISH CONTINUING EDUCATION PROGRAMS TO
KEEP LICENSEES CURRENT ON AREAS OF REQUIRED KNOWLEDGE.
  (D) EACH PERSON SEEKING A LICENSE TO BE A PROFESSIONAL  MIXED  MARTIAL
ARTS JUDGE IN THIS STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL QUES-
TIONNAIRE  CERTIFYING  UNDER  PENALTY  OF PERJURY FULL DISCLOSURE OF THE
JUDGE'S FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY  THE
COMMISSION. SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED BY
THE  COMMISSION  AND  SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR
POTENTIAL  CONFLICTS  OF  INTEREST  AS  WELL  AS  APPEARANCES  OF   SUCH
CONFLICTS,  INCLUDING FINANCIAL RESPONSIBILITY. WITHIN FORTY-EIGHT HOURS
OF ANY PROFESSIONAL MIXED MARTIAL ARTS MATCH OR EXHIBITION,  EACH  MIXED
MARTIAL ARTS JUDGE SHALL FILE WITH THE COMMISSION A FINANCIAL DISCLOSURE
STATEMENT  IN SUCH FORM AND MANNER AS SHALL BE ACCEPTABLE TO THE COMMIS-
SION.
  (E) ONLY A PERSON LICENSED BY THE COMMISSION MAY JUDGE A  PROFESSIONAL
MIXED MARTIAL ARTS MATCH OR EXHIBITION.
  27. TRAINING FACILITIES. (A) THE COMMISSION MAY, IN ITS DISCRETION AND
IN  ACCORDANCE WITH REGULATIONS ADOPTED BY THE COMMISSION TO PROTECT THE
HEALTH AND SAFETY OF PROFESSIONAL MIXED  MARTIAL  ARTS  PARTICIPANTS  IN
TRAINING,  ISSUE  A  LICENSE  TO  OPERATE  A TRAINING FACILITY PROVIDING
CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR THE USE OF
PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANTS.  THE  REGULATIONS  OF  THE
COMMISSION  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING SUBJECTS
TO PROTECT THE HEALTH AND SAFETY  OF  PROFESSIONAL  MIXED  MARTIAL  ARTS
PARTICIPANTS:
  (1) REQUIREMENTS FOR FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE
LOCATION  ON  THE  PREMISES  AND  FOR  THE PRESENCE ON THE PREMISES OF A
PERSON TRAINED AND CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES
FOR CARDIO-PULMONARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILI-
TY IS OPEN FOR TRAINING PURPOSES;
  (2) PROMINENT POSTING ADJACENT TO AN ACCESSIBLE TELEPHONE OF THE TELE-
PHONE NUMBER FOR EMERGENCY MEDICAL SERVICES AT THE NEAREST HOSPITAL;
  (3) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, LOCKER ROOMS AND  FOOD
SERVING AND STORAGE AREAS;
  (4)  ADEQUATE  VENTILATION  AND  LIGHTING  OF  ACCESSIBLE AREAS OF THE
TRAINING FACILITY;
  (5) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION OF SMOKING IN
TRAINING AREAS, INCLUDING PROVISIONS FOR ITS ENFORCEMENT BY THE FACILITY

S. 6609--A                         61                         A. 9709--A

OPERATOR, SUCH POLICY TO BE IN CONFORMANCE WITH  OTHER  STATE  LAWS  AND
REGULATIONS;
  (6) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
  (7)  INSPECTION AND APPROVAL OF RINGS AS REQUIRED BY SUBDIVISION 30 OF
THIS SECTION; AND
  (8) ESTABLISHMENT OF A  POLICY  FOR  POSTING  ALL  COMMISSION  LICENSE
SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD-
ING  PROVISIONS  FOR  ENFORCEMENT OF SUCH SUSPENSIONS AND REVOCATIONS BY
THE FACILITY OPERATOR.
  (B) A PROSPECTIVE LICENSEE SHALL SUBMIT TO THE COMMISSION  PROOF  THAT
IT  CAN  FURNISH  SUITABLE  FACILITIES  IN  WHICH  THE TRAINING IS TO BE
CONDUCTED, INCLUDING THE MAKING OF SUCH  TRAINING  FACILITIES  AVAILABLE
FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN
PROGRESS.
  28.  TEMPORARY  TRAINING  FACILITIES.  ANY TRAINING FACILITY PROVIDING
CONTACT SPARRING ESTABLISHED AND MAINTAINED ON A TEMPORARY BASIS FOR THE
PURPOSE OF PREPARING A PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANT FOR A
SPECIFIC PROFESSIONAL MIXED MARTIAL  ARTS  MATCH  OR  EXHIBITION  TO  BE
CONDUCTED,  HELD  OR  GIVEN WITHIN THE STATE OF NEW YORK SHALL BE EXEMPT
FROM THIS ACT INSOFAR AS IT CONCERNS THE LICENSING  OF  SUCH  FACILITIES
IF,  IN THE JUDGMENT OF THE COMMISSION, ESTABLISHMENT AND MAINTENANCE OF
SUCH FACILITY WILL BE CONSISTENT WITH THE  PURPOSES  AND  PROVISIONS  OF
THIS  CHAPTER,  THE  BEST  INTERESTS  OF PROFESSIONAL MIXED MARTIAL ARTS
GENERALLY, AND THE PUBLIC INTEREST, CONVENIENCE OR NECESSITY.
  29. WEIGHTS; CLASSES AND RULES. THE WEIGHTS  AND  CLASSES  OF  PROFES-
SIONAL  MIXED MARTIAL ARTS PARTICIPANTS AND THE RULES AND REGULATIONS OF
PROFESSIONAL MIXED MARTIAL ARTS SHALL BE PRESCRIBED BY THE COMMISSION.
  30. RINGS OR FIGHTING AREAS.  NO PROFESSIONAL MIXED MARTIAL ARTS MATCH
OR EXHIBITION OR TRAINING ACTIVITY SHALL BE PERMITTED  IN  ANY  RING  OR
FIGHTING  AREA  UNLESS SUCH RING OR FIGHTING AREA HAS BEEN INSPECTED AND
APPROVED BY THE COMMISSION.  THE  COMMISSION  SHALL  PRESCRIBE  STANDARD
ACCEPTABLE SIZE AND QUALITY REQUIREMENTS FOR RINGS OR FIGHTING AREAS AND
APPURTENANCES THERETO.
  31.  MISDEMEANOR.  ANY PERSON OR ENTITY WHO INTENTIONALLY, DIRECTLY OR
INDIRECTLY CONDUCTS, HOLDS OR GIVES A PROFESSIONAL  MIXED  MARTIAL  ARTS
MATCH OR EXHIBITION OR PARTICIPATES EITHER DIRECTLY OR INDIRECTLY IN ANY
SUCH  MATCH  OR  EXHIBITION  AS A REFEREE, JUDGE, CORPORATION TREASURER,
PROFESSIONAL MIXED MARTIAL ARTS PARTICIPANT, MANAGER, PROMOTER,  TRAINER
OR CHIEF SECOND, WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE OR
PERMIT AS PRESCRIBED IN THIS SECTION SHALL BE GUILTY OF A MISDEMEANOR.
  S  3.  Subdivision  1  of  section  451  of the tax law, as amended by
section 1 of part F of chapter 407 of the laws of 1999,  is  amended  to
read as follows:
  1.  "Gross  receipts  from  ticket  sales"  shall mean the total gross
receipts of every person from the sale of tickets to any professional or
amateur boxing, sparring or wrestling match or exhibition OR ANY PROFES-
SIONAL MIXED MARTIAL ARTS MATCH OR EXHIBITION held in  this  state,  and
without  any  deduction  whatsoever for commissions, brokerage, distrib-
ution fees, advertising or any other expenses, charges  and  recoupments
in respect thereto.
  S  4. Section 452 of the tax law, as amended by section 2 of part F of
chapter 407 of the laws of 1999, is amended to read as follows:
  S 452. Imposition of tax. 1. On  and  after  October  first,  nineteen
hundred  ninety-nine, a tax is hereby imposed and shall be paid upon the
gross receipts of every  person  holding  any  professional  or  amateur
boxing,  sparring  or  wrestling match or exhibition in this state. Such

S. 6609--A                         62                         A. 9709--A

tax shall be imposed on such gross receipts, exclusive  of  any  federal
taxes, as follows:
  (a)  three percent of gross receipts from ticket sales, except that in
no event shall the tax imposed by this  [subdivision]  PARAGRAPH  exceed
fifty thousand dollars for any match or exhibition;
  (b)  three  percent of gross receipts from broadcasting rights, except
that in no event shall the tax imposed by this  [subdivision]  PARAGRAPH
exceed fifty thousand dollars for any match or exhibition.
  2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE-
BY  IMPOSED  AND  SHALL  BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON
HOLDING ANY PROFESSIONAL MIXED MARTIAL ARTS MATCH OR EXHIBITION IN  THIS
STATE.  SUCH  TAX  SHALL BE IMPOSED ON SUCH GROSS RECEIPTS, EXCLUSIVE OF
ANY FEDERAL TAXES, AS FOLLOWS:
  (A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPTS  FROM  TICKET  SALES;
AND
  (B)  THREE  PERCENT OF GROSS RECEIPTS FROM BROADCASTING RIGHTS, EXCEPT
THAT IN NO EVENT SHALL THE TAX IMPOSED BY THIS  PARAGRAPH  EXCEED  FIFTY
THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
  S  5.  The  article  heading of article 19 of the tax law, as added by
chapter 833 of the laws of 1987, is amended to read as follows:
                 BOXING [AND], WRESTLING AND PROFESSIONAL
                   MIXED MARTIAL ARTS EXHIBITIONS TAX
  S 6. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
amended by section 100 of part A of chapter 389 of the laws of 1997,  is
amended to read as follows:
  (1)  Any  admission charge where such admission charge is in excess of
ten cents to or for the use of any place  of  amusement  in  the  state,
except charges for admission to race tracks, boxing, sparring or wrestl-
ing  matches  or exhibitions, OR PROFESSIONAL MIXED MARTIAL ARTS MATCHES
OR EXHIBITIONS which charges are taxed  under  any  other  law  of  this
state, or dramatic or musical arts performances, or live circus perform-
ances,  or  motion  picture theaters, and except charges to a patron for
admission to, or use of, facilities for  sporting  activities  in  which
such  patron is to be a participant, such as bowling alleys and swimming
pools. For any person having the permanent use or possession of a box or
seat or a lease or a license, other than a season ticket, for the use of
a box or seat at a place of amusement, the tax shall be upon the  amount
for  which a similar box or seat is sold for each performance or exhibi-
tion at which the box or seat is used or reserved by the holder,  licen-
see or lessee, and shall be paid by the holder, licensee or lessee.
  S 7. The section heading of section 1820 of the tax law, as amended by
section  32  of subpart I of part V-1 of chapter 57 of the laws of 2009,
is amended to read as follows:
  Boxing [and], wrestling AND PROFESSIONAL MIXED  MARTIAL  ARTS  exhibi-
tions tax.
  S  8.  This  act shall take effect on the first day of the first month
next succeeding the one hundred twentieth day after it shall have become
a law and shall apply to gross receipts from professional mixed  martial
arts matches or exhibitions held on or after that date, and shall expire
and  be  deemed repealed on the last day of the month commencing 3 years
after such effective date; provided, however, that effective  immediate-
ly,  the  addition, amendment and/or repeal of any rule or regulation of
the state athletic commission necessary for the implementation  of  this
act  on  its  effective  date  is authorized and directed to be made and
completed on or before such effective date.

S. 6609--A                         63                         A. 9709--A

                                 PART X

  Section  1.  Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state  to  provide
special  handling  for  all documents filed or issued by the division of
corporations and to permit additional levels of such expedited  service,
as amended by section 1 of part RR of chapter 59 of the laws of 2009, is
amended to read as follows:
  S  2.  This  act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full  force  and
effect  on  and  after  April  1, 2003 and shall expire March 31, [2010]
2011.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2010.

                                 PART Y

  Section 1. Section 159-i of the executive law, as amended by section 4
of  part  R  of  chapter  59  of the laws of 2009, is amended to read as
follows:
  S 159-i. Distribution of funds. For federal fiscal year  two  thousand
[ten]  ELEVEN  at  least  ninety percent of the community services block
grant funds received by the state shall be  distributed  pursuant  to  a
contract by the secretary to eligible entities as defined in subdivision
one  of  section  one  hundred  fifty-nine-e  of this article. Each such
eligible entity shall receive the same proportion of community  services
block  grant  funds as was the proportion of funds received in the imme-
diately preceding  federal  fiscal  year  under  the  federal  community
services block grant program as compared to the total amount received by
all eligible entities in the state, under the federal community services
block grant program.
  For federal fiscal year two thousand [ten] ELEVEN the secretary shall,
pursuant to section one hundred fifty-nine-h of this article, retain not
more  than  five percent of the community services block grant funds for
administration at the state level.
  For federal fiscal year two thousand [ten] ELEVEN the remainder of the
community services block grant funds received  by  the  state  shall  be
distributed  pursuant  to  a  contract by the secretary in the following
order of preference: a sum of up to  one-half  of  one  percent  of  the
community  services  block  grant  funds received by the state to Indian
tribes and tribal organizations as defined in this article, on the basis
of need; and to community  based  organizations.  Such  remainder  funds
received  by  eligible  entities will not be included in determining the
proportion of funds received by  any  such  entity  in  the  immediately
preceding federal fiscal year under the federal community services block
grant program.
  S 2. Section 5 of chapter 728 of the laws of 1982, amending the execu-
tive law relating to community services block grant programs, as amended
by  section 6 of part R of chapter 59 of the laws of 2009, is amended to
read as follows:
  S 5. This act shall take effect immediately  provided,  however,  that
section  four  hereof  shall  take  effect  October 1, 1982 and provided
further, however, that the provisions of sections two, three and four of
this act shall be in full force and effect only until September 30, 1983
and section one of this act shall be in  full  force  and  effect  until
September  30,  [2010] 2011, provided, however, that the distribution of

S. 6609--A                         64                         A. 9709--A

funds pursuant to section 159-i of the executive law shall be limited to
the federal fiscal year expressly set forth in such section.
  S 3. Section 7 of chapter 710 of the laws of 1983, amending the execu-
tive law relating to community services block grant programs, as amended
by  section 7 of part R of chapter 59 of the laws of 2009, is amended to
read as follows:
  S 7. This act shall take effect September 30, 1983  and  shall  be  in
full force and effect only until September 30, [2010] 2011 at which time
the amendments and additions made pursuant to the provisions of this act
shall be deemed to be repealed, provided, however, that the distribution
of funds pursuant to section 159-i of the executive law shall be limited
to the federal fiscal year expressly set forth in such section.
  S  4.  This act shall take effect immediately; provided, however, that
the amendments to section 159-i of the executive law made by section one
of this act shall not affect the expiration of such section as  provided
in section 5 of chapter 728 of the laws of 1982, as amended, and section
7 of chapter 710 of the laws of 1983, as amended, and shall be deemed to
expire therewith.

                                 PART Z

  Section 1. Subparagraphs 7, 8 and 9 of paragraph (a) of section 112 of
the  not-for-profit corporation law, subparagraphs 7 and 9 as amended by
chapter 1058 of the laws of 1971, are amended to read as follows:
  (7)   To enforce any right given under  this  chapter  to  members,  a
director  or an officer of a Type B [or Type C] corporation.  The attor-
ney-general shall have the same status  as  such  members,  director  or
officer.
  (8)   [To compel the directors and officers, or any of them, of a Type
B or Type C corporation which has  been  dissolved  under  section  1011
(Dissolution  for  failure to file certificate of type of Not-for-Profit
Corporation Law under section 113) to account  for  the  assets  of  the
dissolved corporation.
  (9)]  Upon application, ex parte, for an order to the supreme court at
a special term held within the judicial district where the office of the
corporation is located, and if the court so orders, to enforce any right
given  under this chapter to members, a director or an officer of a Type
A corporation.  For such purpose, the attorney-general  shall  have  the
same status as such members, director or officer.
  S  2.  Subparagraph  4 of paragraph (a) of section 113 of the not-for-
profit corporation law, as amended by chapter 415 of the laws  of  1974,
is amended to read as follows:
  (4)    That under section 201 (Purposes) it is a Type ..... (insert A,
B[, C] or D) not-for-profit corporation as defined in this chapter.
  S 3. Section 114 of the not-for-profit corporation law,  as  added  by
chapter 847 of the laws of 1970, is amended to read as follows:
S 114. Visitation of supreme court.
  Type  B  [and  Type  C]  corporations, whether formed under general or
special laws, with their books and vouchers, shall  be  subject  to  the
visitation  and  inspection of a justice of the supreme court, or of any
person appointed by the court for that purpose.   If it appears  by  the
verified  petition of a member or creditor of any such corporation, that
it, or its directors, officers or agents, have  misappropriated  any  of
the  funds  or  property  of  the corporation, or diverted them from the
purpose of its incorporation, or that the corporation has acquired prop-
erty in excess of the amount which it is authorized by law to  hold,  or

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has engaged in any business other than that stated in its certificate of
incorporation,  the  court may order that notice of at least eight days,
with a copy of the petition,  be  served  on  the  corporation  and  the
persons  charged with misconduct, requiring them to show cause at a time
and place specified, why they should not be required to make and file an
inventory and account of the property, effects and liabilities  of  such
corporation  with  a  detailed  statement of its transactions during the
twelve months next preceding the granting of such order.  On the hearing
of such application, the court may make an order requiring such invento-
ry, account and statement to be filed, and proceed to take and state  an
account  of  the  property  and  liabilities  of the corporation, or may
appoint a referee for that purpose.   When such  account  is  taken  and
stated,  after hearing all the parties to the application, the court may
enter a final order determining the amount of property so  held  by  the
corporation,  its annual income, whether any of the property or funds of
the corporation have been  misappropriated  or  diverted  to  any  other
purpose  than  that  for  which  such  corporation was incorporated, and
whether such corporation has been engaged in any activity not covered by
its certificate of incorporation.  An appeal may be taken from the order
by any party aggrieved to the appellate division of the  supreme  court,
and to the court of appeals, as in a civil action.  No corporation shall
be  required to make and file more than one inventory and account in any
one year, nor to make a second account and inventory, while  proceedings
are pending for the statement of an account under this section.
  S  4.  Paragraphs  (b)  and  (c)  of section 201 of the not-for-profit
corporation law, paragraph (b) as amended by chapter 847 of the laws  of
1970  and  paragraph (c) as amended by chapter 1058 of the laws of 1971,
are amended and a new paragraph (d) is added to read as follows:
  (b) A corporation, of a type and for a purpose or purposes as follows,
may be formed under this chapter, provided consents required  under  any
other statute of this state have been obtained:
  Type  A  - A not-for-profit corporation of this type may be formed for
any lawful non-business purpose or purposes including, but  not  limited
to,  any  one  or  more of the following non-pecuniary purposes:  civic,
patriotic, political, social, fraternal, athletic, agricultural,  horti-
cultural,  animal  husbandry, and for a professional, commercial, indus-
trial, trade or service association.
  Type B - A not-for-profit corporation of this type may be  formed  for
any  one  or  more  of  the following non-business purposes: charitable,
educational,  religious,  scientific,  literary,  cultural  or  for  the
prevention  of cruelty to children or animals. ADDITIONALLY, A [Type C -
A] not-for-profit corporation of this type may be formed for any  lawful
business purpose to achieve a lawful public or quasi-public objective.
  Type D - A not-for-profit corporation of this type may be formed under
this  chapter  when  such formation is authorized by any other corporate
law of this state for any business  or  non-business,  or  pecuniary  or
non-pecuniary,  purpose or purposes specified by such other law, whether
such purpose or purposes are also within types A[,] OR B[, C]  above  or
otherwise.
  (c) If a corporation is formed for purposes which are within both type
A  and  type B above, it is a type B corporation.  [If a corporation has
among its purposes any purpose which is within type C, such  corporation
is  a  type  C  corporation.]  A  type  D  corporation is subject to all
provisions of this chapter which are applicable to a type B  corporation
under  this  chapter  unless provided to the contrary in, and subject to

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the contrary provisions of, the other corporate law  authorizing  forma-
tion under this chapter of the type D corporation.
  (D)  NOTWITHSTANDING  THE PROVISIONS OF ANY LAW TO THE CONTRARY OR ANY
CORPORATION'S CURRENT DESIGNATION AS A  TYPE  C  CORPORATION,  ANY  SUCH
CORPORATION  DESIGNATED  AS TYPE C SHALL BE A TYPE B CORPORATION SUBJECT
TO ALL PROVISIONS OF THIS CHAPTER WHICH  ARE  APPLICABLE  TO  A  TYPE  B
CORPORATION UNDER THIS CHAPTER.
  S  5.  Subparagraphs  2  and  4 of paragraph (a) of section 402 of the
not-for-profit corporation law, subparagraph 2 as amended by chapter 847
of the laws of 1970 and subparagraph 4 as amended by chapter 679 of  the
laws of 1985, are amended to read as follows:
  (2)  That  the corporation is a corporation as defined in subparagraph
(a) (5) of section 102 (Definitions); the purpose or purposes for  which
it  is  formed and the type of corporation it shall be under section 201
(Purposes); and in the case of a Type [C] B corporation FORMED  FOR  ANY
LAWFUL  BUSINESS  PURPOSE OR PURPOSES, the lawful public or quasi-public
objective which each business purpose will achieve.
  (4) In the case of a Type A[,] OR Type B[, or Type C] corporation, the
names and addresses of the initial directors. In the case of  a  Type  D
corporation,  the  names and addresses of the initial directors, if any,
may but need not be set forth.
  S 6. Subparagraph 3 of paragraph (a) of section 510  of  the  not-for-
profit  corporation  law, as amended by chapter 847 of the laws of 1970,
is amended to read as follows:
  (3) If the corporation is, or would be if formed under  this  chapter,
classified  as  a  Type  B  [or  Type  C] corporation under section 201,
(Purposes) such sale, lease, exchange  or  other  disposition  shall  in
addition  require leave of the supreme court in the judicial district or
of the county court of the county  in  which  the  corporation  has  its
office  or  principal  place of carrying out the [puropses] PURPOSES for
which it was formed.
  S 7. Subparagraph (ii) of paragraph (a) of section 804 of the not-for-
profit corporation law, as amended by chapter 139 of the laws  of  1993,
is amended to read as follows:
  (ii)  Every  certificate  of  amendment of a corporation classified as
type B [or type C] under section 201 (Purposes) which seeks to change or
eliminate a purpose or power enumerated in the corporation's certificate
of incorporation, or to add a power or purpose not  enumerated  therein,
shall have endorsed thereon or annexed thereto the approval of a justice
of the supreme court of the judicial district in which the office of the
corporation  is located. Ten days' written notice of the application for
such approval shall be given to the attorney-general.
  S 8. Paragraph (a) of section 907 of  the  not-for-profit  corporation
law is amended to read as follows:
  (a)  Where any constituent corporation or the consolidated corporation
is, or would be if formed under this chapter, a Type B  [or  a  Type  C]
corporation under section 201 (Purposes) of this chapter, no certificate
shall be filed pursuant to section 904 (Certificate of merger or consol-
idation;  contents)  or section 906 (Merger or consolidation of domestic
and foreign corporations) until an order approving the plan of merger or
consolidation and authorizing the filing of  the  certificate  has  been
made by the supreme court, as provided in this section. A certified copy
of  such  order shall be annexed to the certificate of merger or consol-
idation. Application for the order may be made in the judicial  district
in  which  the  principal office of the surviving or consolidated corpo-
ration is to be located, or in which the office of one of  the  domestic

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constituent  corporations  is  located. The application shall be made by
all the constituent corporations jointly and shall set forth by  affida-
vit  (1)  the plan of merger or consolidation, (2) the approval required
by section 903 (Approval of plan) or paragraph (b) of section 906 (Merg-
er  or  consolidation  of  domestic  and  foreign corporations) for each
constituent corporation, (3) the  objects  and  purposes  of  each  such
corporation  to be promoted by the consolidation, (4) a statement of all
property, and the manner in which it is held, and of all liabilities and
of the amount and sources of the annual income of each such corporation,
(5) whether any votes against adoption of the resolution  approving  the
plan  of  merger  or consolidation were cast at the meeting at which the
resolution as adopted by each constituent  corporation,  and  (6)  facts
showing  that  the consolidation is authorized by the laws of the juris-
dictions under which each of the constituent  corporations  is  incorpo-
rated.
  S  9.  Paragraphs  (a)  and  (f)  of section 908 of the not-for-profit
corporation law are amended to read as follows:
  (a) One or more domestic or foreign corporations which is, or would be
if formed under this chapter, a type A or type [C] B  corporation  under
section  201 (Purposes) may be merged or consolidated into a domestic or
foreign corporation which is, or would be if formed under  the  laws  of
this  state,  a corporation formed under the business corporation law of
this state if such merger or consolidation is not contrary to the law of
the state of incorporation of any constituent corporation. With  respect
to  such  merger  or  consolidation,  any  reference in paragraph (b) of
section 901 of this article or paragraph (b) of section 901 of the busi-
ness corporation law to a corporation shall, unless the  context  other-
wise requires, include both domestic and foreign corporations.
  (f)  Where any constituent corporation is, or would be if formed under
this chapter, a Type [C] B corporation under section 201 (Purposes),  no
certificate  shall  be  filed  pursuant  to  this section until an order
approving the plan of merger or consolidation and authorizing the filing
of the certificate has been made by the supreme court,  as  provided  in
section 907 (Approval by the supreme court).
  S  10.  Paragraphs  (b)  and (c) of section 1001 of the not-for-profit
corporation law, as amended by chapter 434 of  the  laws  of  2006,  are
amended to read as follows:
  (b)  If  the  corporation is a Type B[, C] or D corporation and has no
assets to distribute and no liabilities at the time of dissolution,  the
plan of dissolution shall include a statement to that effect.
  (c)  If  the  corporation is a Type B[, C] or D corporation and has no
assets to distribute, other than a reserve  not  to  exceed  twenty-five
thousand  dollars  for  the  purpose  of  paying  ordinary and necessary
expenses of winding up its affairs  including  attorney  and  accountant
fees,  and liabilities not in excess of ten thousand dollars at the time
of adoption of the plan of dissolution, the plan  of  dissolution  shall
include a statement to that effect.
  S  11.  Paragraphs  (a)  and (d) of section 1002 of the not-for-profit
corporation law, as amended by chapter 434 of  the  laws  of  2006,  are
amended to read as follows:
  (a)  Upon  adopting  a plan of dissolution and distribution of assets,
the board shall submit it to a vote of the members,  if  any,  and  such
plan  shall  be  approved  at a meeting of members by two-thirds vote as
provided in paragraph (c) of section 613 (Vote  of  members);  provided,
however,  that  if  the  corporation  is a Type B[, C] or D corporation,
other than a corporation incorporated pursuant  to  article  15  (Public

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cemetery  corporations),  and  has no assets to distribute, other than a
reserve not to exceed twenty-five thousand dollars for  the  purpose  of
paying ordinary and necessary expenses of winding up its affairs includ-
ing  attorney  and accountant fees, and liabilities not in excess of ten
thousand dollars at the time of adoption of the plan of dissolution, the
vote required by the corporation's board of directors  for  adoption  of
the  plan  of  dissolution of such a corporation or by the corporation's
members for the authorization thereof shall be:
  (1) In the case of a vote by the board of directors: (i) the number of
directors required under the certificate of incorporation, by-laws, this
chapter and any other applicable law; or
  (ii) if the number of directors actually holding office as such at the
time of the vote to adopt the plan is less than the number  required  to
constitute a quorum of directors under the certificate of incorporation,
the  by-laws,  this  chapter  or any other applicable law, the remaining
directors unanimously;
  (2) In the case of a vote by the members, (i) the  number  of  members
required  under  the certificate of incorporation, by-laws, this chapter
and any other applicable law; or (ii) by the vote of members  authorized
by an order of the supreme court pursuant to section 608 of this chapter
permitting  the  corporation  to  dispense  with  the  applicable quorum
requirement.
  Notice of a special or regular meeting of the board of directors or of
the members entitled to vote on adoption and authorization  or  approval
of  the  plan  of  dissolution  shall  be  sent to all the directors and
members of record entitled to vote. Unless otherwise directed  by  order
of the supreme court pursuant to section 608 of this chapter, the notice
shall  be  sent by certified mail, return receipt requested, to the last
known address of record of each director and member not fewer than thir-
ty, and not more than  sixty  days  before  the  date  of  each  meeting
provided,  however,  that  if  the  last  known address of record of any
director or member is not within the United States, the notice  to  such
director shall be sent by any other reasonable means.
  (d)  The  plan  of  dissolution  and distribution of assets shall have
annexed thereto the approval of a justice of the supreme  court  in  the
judicial  district  in which the office of the corporation is located in
the case of a Type B[, C] or D corporation, and in the case of any other
corporation which holds  assets  at  the  time  of  dissolution  legally
required  to  be  used  for  a  particular  purpose, except that no such
approval shall be required with respect to the plan of dissolution of  a
corporation,  other  than a corporation incorporated pursuant to article
15 (Public cemetery corporations), which has no assets to distribute  at
the  time of dissolution, other than a reserve not to exceed twenty-five
thousand dollars for  the  purpose  of  paying  ordinary  and  necessary
expenses  of  winding  up  its affairs including attorney and accountant
fees, and liabilities not in excess of ten thousand dollars,  and  which
has  complied with the requirements of section 1001 (Plan of dissolution
and distribution of assets) and this section applicable to such a corpo-
ration. Application to the supreme court for an order for such  approval
shall be by verified petition, with the plan of dissolution and distrib-
ution  of assets and certified copies of the consents prescribed by this
section annexed thereto, and upon ten days written notice to the  attor-
ney  general  accompanied by copies of such petition, plan and consents.
In such case where approval of a justice of the  supreme  court  is  not
required  for a Type B[, C] or D corporation, a copy of such plan certi-

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fied under penalties of perjury shall be filed with the attorney general
within ten days after its authorization.
  S  12. Subparagraph 2 of paragraph (b) of section 1003 of the not-for-
profit corporation law, as amended by chapter 434 of the laws  of  2006,
is amended to read as follows:
  (2)  By  the attorney general in the case of a Type B[, C] or D corpo-
ration, or any other corporation  that  holds  assets  at  the  time  of
dissolution legally required to be used for a particular purpose.
  S  13. Subparagraph 6 of paragraph (a) of section 1012 of the not-for-
profit corporation law, as amended by chapter 726 of the laws  of  2005,
is amended to read as follows:
  (6)  That,  under  section  201 (Purposes), it is a Type .............
(Insert A, B[, C] or D) not-for-profit corporation.
  S 14. Subparagraph 4 of paragraph (a) of section 1304 of the  not-for-
profit  corporation  law,  as amended by chapter 847 of the laws of 1970
and as renumbered by chapter 590 of the laws of 1982, is amended to read
as follows:
  (4) That the corporation  is  a  foreign  corporation  as  defined  in
subparagraph  (a)  (7)  of section 102 (Definitions); the type of corpo-
ration it shall be under section 201  (Purposes);  a  statement  of  its
purposes  to  be  pursued  in  this state and of the activities which it
proposes to conduct in this state; a statement that it is authorized  to
conduct  those  activities in the jurisdiction of its incorporation; and
in the case of a Type [C] B corporation  THAT  WILL  PURSUE  ANY  LAWFUL
BUSINESS  PURPOSE OR PURPOSES IN THIS STATE, the lawful public or quasi-
public objective which each business purpose will achieve.
  S 15. Subparagraph 3 of paragraph (a) of section 1321 of the  not-for-
profit  corporation  law, as amended by chapter 847 of the laws of 1970,
is amended to read as follows:
  (3) [The] NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (2) OF  PARA-
GRAPH  (A)  OF THIS SECTION, THE corporation is a Type [C] B corporation
under this chapter AUTHORIZED TO PURSUE ANY LAWFUL BUSINESS  PURPOSE  OR
PURPOSES  IN  THIS STATE; its principal activities are conducted outside
this state; the greater part of its property  is  located  outside  this
state;  and  less  than one half of its revenues for the preceding three
fiscal years, or such portion thereof as the foreign corporation was  in
existence, was derived from sources within this state.
  S  16. Paragraph (b) of section 1411 of the not-for-profit corporation
law is amended to read as follows:
  (b) Type of corporation.  A local development corporation  is  a  Type
[C] B corporation under this chapter.
  S 17. This act shall take effect immediately.

                                 PART AA

  Section  1.  Subdivision  1  of section 2976 of the public authorities
law, as amended by section 1 of part X of chapter  85  of  the  laws  of
2002, is amended to read as follows:
  1.  Notwithstanding  any  other  law  to  the contrary, public benefit
corporations (which for purposes of this section  shall  include  indus-
trial  development  agencies  created  pursuant  to title one of article
eighteen-A of the general municipal law or any other  provision  of  law
AND  THE  NEW YORK CITY HOUSING DEVELOPMENT CORPORATION CREATED PURSUANT
TO ARTICLE TWELVE OF THE PRIVATE HOUSING FINANCE LAW) which issue bonds,
notes or other obligations shall pay to the state a bond issuance charge
upon the issuance of such bonds in  an  amount  determined  pursuant  to

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subdivision  two of this section. Such charge shall be paid to the state
department of taxation and finance, upon forms prescribed  therefor,  no
later  than  fifteen  days  from  the end of the month within which such
bonds are issued.
  S 2. This act shall take effect immediately.

                                 PART BB

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART CC

  Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
laws of 2010 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue   funds  -  other/state  operations,  miscellaneous  special  revenue
fund-339, energy research and  planning  account,  and  special  revenue
funds  -  other/aid  to localities, miscellaneous special revenue fund -
339, energy research and  planning  account  shall  be  subject  to  the
provisions  of  this section. Notwithstanding the provisions of subdivi-
sion 4-a of section 18-a of the public service law, all moneys committed
or expended shall be reimbursed by assessment against  gas  corporations
and  electric corporations as defined in section 2 of the public service
law, and the total amount which may be charged to  any  gas  corporation
and  any electric corporation shall not exceed one cent per one thousand
cubic feet of gas sold and .010 cent per  kilowatt-hour  of  electricity
sold  by  such  corporations  in  their intrastate utility operations in
calendar year 2008. Such amounts shall  be  excluded  from  the  general
assessment  provisions  of  subdivision  2 of section 18-a of the public
service law, but shall be billed and paid in the  manner  set  forth  in
such subdivision and upon receipt shall be paid to the state comptroller
for  deposit  in  the  state  treasury  for  credit to the miscellaneous
special revenue fund. The director of  the  budget  shall  not  issue  a
certificate  of  approval with respect to the commitment and expenditure
of moneys hereby appropriated until the chair of  such  authority  shall
have  submitted,  and  the director of the budget shall have approved, a
comprehensive financial plan encompassing all moneys  available  to  and
all  anticipated commitments and expenditures by such authority from any
source for the operations of such  authority.  Copies  of  the  approved
comprehensive  financial  plan  shall  be  immediately  submitted by the
director of the budget to the chairs and secretaries of the  legislative
fiscal committees.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART DD

  Section 1. Subdivisions 1 and 2 of section  27-1905  of  the  environ-
mental  conservation  law, subdivision 1 as amended by section 1 of part
E1 of chapter 63 of the laws of 2003 and subdivision  2  as  amended  by
chapter 200 of the laws of 2008, are amended to read as follows:

S. 6609--A                         71                         A. 9709--A

  1. [Until December thirty-first, two thousand ten, accept] ACCEPT from
a customer, waste tires of approximately the same size and in a quantity
equal to the number of new tires purchased or installed by the customer;
and
  2.  [Until December thirty-first, two thousand ten, post] POST written
notice in a prominent location, which must be at least  eight  and  one-
half  inches  by  fourteen  inches  in  size  and  contain the following
language:
  "New York State law requires us to accept and manage waste tires  from
vehicles  in  exchange  for an equal number of new tires that we sell or
install. Tire retailers are required to charge a separate  and  distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
  The retailers in addition are authorized, at their sole discretion, to
pass  on  waste  tire management and recycling costs to tire purchasers.
Such costs may be included as part of the advertised price  of  the  new
tire,  or  charged  as  a  separate  per-tire charge in an amount not to
exceed $2.50 on each new tire sold."
  The written notice shall also contain one of the following  statements
at  the  end  of  the aforementioned language and as part of the notice,
which shall accurately indicate the manner in  which  the  tire  service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:
  "Our  waste  tire  management  and recycling costs are included in the
advertised price of each new tire.", or
  "We charge a separate per-tire charge of $____ on each new  tire  sold
that  will  be listed on your invoice to cover our waste tire management
and recycling costs."
  S 2. Subdivisions 2, 3 and 5 of section 27-1907 of  the  environmental
conservation  law, as added by section 3 of part V1 of chapter 62 of the
laws of 2003, are amended to read as follows:
  2. The owner or operator of a noncompliant waste tire stockpile shall,
at the department's request, submit to and/or cooperate with any and all
remedial measures necessary for the abatement of noncompliant waste tire
stockpiles with funds from the waste [tire] management  and  [recycling]
CLEANUP fund pursuant to section ninety-two-bb of the state finance law.
  3.  No later than two years from the effective date of this title, the
department shall publish requests for proposals to seek  contractors  to
prepare whole and mechanically processed waste tires situated at noncom-
pliant  waste  tire  stockpiles  for arrangement in accordance with fire
safety requirements and for removal for appropriate processing,  recycl-
ing  or  beneficial  use.  Disposal  will  be  considered only as a last
option. The expenses of remedial and fire safety activities at a noncom-
pliant waste tire stockpile shall be paid by the person or  persons  who
owned,  operated or maintained the noncompliant waste tire stockpile, or
from the waste [tire] management and [recycling] CLEANUP fund and  shall
be  a debt recoverable by the state from all persons who owned, operated
or maintained the noncompliant waste tire  stockpile,  and  a  lien  and
charge  may  be placed on the premises upon which the noncompliant waste
tire stockpile is maintained and upon any  real  or  personal  property,
equipment, vehicles, and inventory controlled by such person or persons.
Moneys recovered shall be paid to the waste [tire] management and [recy-
cling] CLEANUP fund established pursuant to section ninety-two-bb of the
state finance law.
  5.  The  department  shall  make all reasonable efforts to recover the
full amount of any funds expended from the waste [tire]  management  and
[recycling] CLEANUP fund for abatement or remediation through litigation

S. 6609--A                         72                         A. 9709--A

or cooperative agreements. Any and all moneys recovered, repaid or reim-
bursed  pursuant to this section shall be deposited with the comptroller
and credited to such fund.
  S  3.  Subdivision 2 of section 27-1911 of the environmental conserva-
tion law, as added by section 3 of part V1 of chapter 62 of the laws  of
2003, is amended to read as follows:
  2.  No moneys from the waste [tire] management and [recycling] CLEANUP
fund shall be used to dispose of waste tires in a  landfill  unless  the
department  has  determined that it is not feasible to convert the waste
tires to a beneficial use. Department-approved beneficial uses of scrap-
tire-derived material for leachate collection systems, or gas collection
systems in the construction or operation of a landfill are  not  consid-
ered disposal.
  S  4.  Subdivisions 1, 2 and 4, the opening paragraph of subdivision 3
and paragraph (a) of subdivision 6 of section 27-1913  of  the  environ-
mental conservation law, subdivisions 1, 2 and 4 as amended by section 2
of  part  E1 of chapter 63 of the laws of 2003, the opening paragraph of
subdivision 3 as amended by section 1 of part E of chapter  686  of  the
laws  of 2003 and paragraph (a) of subdivision 6 as added by chapter 200
of the laws of 2008, are amended to read as follows:
  1. [Until December thirty-first, two thousand ten,  a]  A  waste  tire
management  and  recycling  fee  of two dollars and fifty cents shall be
charged on each new tire sold. The fee shall be paid by the purchaser to
the tire service at the time the  new  tire  or  new  motor  vehicle  is
purchased.
  The waste tire management and recycling fee does not apply to:
  (a) recapped or resold tires;
  (b) mail-order sales; or
  (c)  the  sale  of  new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this  state  is
subject to such fee.
  2.  [Until  December  thirty-first,  two  thousand  ten, the] THE tire
service shall collect the waste tire management and recycling  fee  from
the  purchaser  at  the time of the sale and shall remit such fee to the
department of taxation and  finance  with  the  quarterly  report  filed
pursuant to subdivision three of this section.
  (a)  The  fee  imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
  (b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
  [Until March  thirty-first,  two  thousand  eleven,  each]  EACH  tire
service  maintaining  a  place  of  business  in this state shall make a
return to the department of taxation and finance on a  quarterly  basis,
with  the  return  for  December,  January, and February being due on or
before the immediately following  March  thirty-first;  the  return  for
March,  April,  and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being  due  on  or
before the immediately following September thirtieth; and the return for
September,  October, and November being due on or before the immediately
following December thirty-first.
  4. All waste tire management  and  recycling  fees  collected  by  the
department  of  taxation  and  finance shall be transferred to the waste
[tire] management and [recycling] CLEANUP fund pursuant to section nine-
ty-two-bb of the state finance law.
  (a) [Until December thirty-first, two thousand  ten,  any]  ANY  addi-
tional  waste tire management and recycling costs of the tire service in

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excess of the amount authorized to be retained pursuant to paragraph (b)
of subdivision two of this section may  be  included  in  the  published
selling  price of the new tire, or charged as a separate per-tire charge
on  each  new  tire sold. When such costs are charged as a separate per-
tire charge: (i) such charge shall be stated as an invoice item separate
and distinct from the selling price of the tire; (ii) the invoice  shall
state  that  the  charge  is  imposed at the sole discretion of the tire
service; and (iii) the amount of such charge shall  reflect  the  actual
cost to the tire service for the management and recycling of waste tires
accepted  by the tire service pursuant to section 27-1905 of this title,
provided however, that in no event shall such charge exceed two  dollars
and fifty cents on each new tire sold.
  S 5. The opening paragraph and subdivision 1 of section 27-1915 of the
environmental  conservation  law,  as  added  by section 3 of part V1 of
chapter 62 of the laws of 2003, are amended to read as follows:
  [Funds from the waste] WASTE tire management and recycling FEES  SHALL
BE  DEPOSITED  IN  THE  WASTE MANAGEMENT AND CLEANUP fund established in
section ninety-two-bb of the state finance law, AND shall be made AVAIL-
ABLE for the following purposes:
  1. costs of the department for the following:
  (a) first-year costs:
  (i) enumeration and assessment of noncompliant waste tire  stockpiles;
and
  (ii)  aerial  reconnaissance  to locate, survey and characterize sites
environmentally, for remote sensing, special analysis and scanning;
  (b) abatement of noncompliant waste tire stockpiles; and
  (c)  administration  AND  ENFORCEMENT  of  THE  requirements  of  this
[section] ARTICLE, EXCLUSIVE OF TITLES THIRTEEN AND FOURTEEN.
  S  6. Section 92-bb of the state finance law, as added by section 4 of
part V1 of chapter 62 of the  laws  of  2003,  is  amended  to  read  as
follows:
  S  92-bb.  Waste  [tire]  management  and [recycling] CLEANUP fund. 1.
There is hereby established in the joint  custody  of  the  state  comp-
troller and the commissioner of the department of taxation and finance a
special fund to be known as the "waste [tire] management and [recycling]
CLEANUP fund".
  2.  The  waste  [tire]  management  and [recycling] CLEANUP fund shall
consist of all revenue collected from waste tire management and  recycl-
ing  fees  pursuant to section 27-1913 of the environmental conservation
law and any cost recoveries or  other  revenues  collected  pursuant  to
title nineteen of article twenty-seven of the environmental conservation
law, AND ANY OTHER MONIES DEPOSITED INTO THE FUND PURSUANT TO LAW.
  3.  Moneys  of  the  fund, following appropriation by the legislature,
shall be used for execution  of  waste  tire  management  and  recycling
pursuant  to title nineteen of article twenty-seven of the environmental
conservation law, and expended for the purposes as set forth in  section
27-1915 of the environmental conservation law.
  S  7.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART EE

  Section 1. Article 3 of the environmental conservation law is  amended
by adding a new title 5 to read as follows:
                                 TITLE 5
                 UNIFORM REQUIREMENTS FOR PUBLIC NOTICES

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SECTION 3-0501. DEFINITION.
        3-0503. PUBLIC NOTICE REQUIREMENTS.
S 3-0501. DEFINITION.
  FOR  PURPOSES OF THIS TITLE "NEWSPAPER" SHALL HAVE THE SAME MEANING AS
THAT TERM IS DEFINED IN SECTION SIXTY OF THE GENERAL CONSTRUCTION LAW.
S 3-0503. PUBLIC NOTICE REQUIREMENTS.
  1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  CHAPTER,  WHEN
PUBLICATION  OF A  NOTICE IN A NEWSPAPER IS REQUIRED BY ANY PROVISION OF
THIS CHAPTER, IT SHALL BE BY PUBLICATION NOT MORE THAN ONCE IN A NEWSPA-
PER COVERING THE AREA WHICH WILL BE AFFECTED BY THE ACTION.
  2. IF A NOTICE IS REQUIRED UNDER ANY PROVISION OF THIS CHAPTER  TO  BE
PUBLISHED  BOTH IN A NEWSPAPER AND IN THE ENVIRONMENTAL NOTICE BULLETIN,
THE  STATE  REGISTER,  OR  THE  PROCUREMENT   OPPORTUNITIES   NEWSLETTER
PUBLISHED  BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO ARTICLE
FOUR-C OF THE ECONOMIC DEVELOPMENT LAW, AN  ABBREVIATED  NOTICE  MAY  BE
PUBLISHED  IN  THE  NEWSPAPER.  THE ABBREVIATED NOTICE SHALL INCLUDE THE
INTERNET ADDRESS AND DATE OF PUBLICATION  OF  THE  ENVIRONMENTAL  NOTICE
BULLETIN,  STATE  REGISTER  OR  PROCUREMENT  OPPORTUNITIES NEWSLETTER IN
WHICH THE FULL NOTICE APPEARS AND A SUMMARY DESCRIPTION  OF  THE  ACTION
SUBJECT  TO  THE  NOTICE.  THE  SUMMARY  DESCRIPTION SHALL BE REASONABLY
CALCULATED TO PROVIDE THE GENERAL PUBLIC NOTICE OF  THE  NATURE  OF  THE
ACTION UNDER CONSIDERATION.
  S  2.  Paragraph  b of subdivision 4 of section 9-0505 of the environ-
mental conservation law, as amended by chapter 322 of the laws of  1999,
is amended and a new subdivision 5 is added to read as follows:
  b.  The  public notice of the sale of such materials shall be a notice
describing the materials and location thereof, the date when  and  place
where  bids  will  be  opened  and  the  address at which said forms and
specific details of the sale may  be  obtained.  Such  notice  shall  be
printed in the [Procurement Opportunity Newsletter] PROCUREMENT OPPORTU-
NITIES  NEWSLETTER, and in [such other newspapers as will be most likely
to give adequate notice of the sale of such materials, for such time and
in such manner as shall be determined by the commissioner]  A  NEWSPAPER
IN  ACCORDANCE  WITH  THE REQUIREMENTS OF TITLE FIVE OF ARTICLE THREE OF
THIS CHAPTER.
  5. NOTWITHSTANDING SUBDIVISION THREE OF SECTION ONE HUNDRED TWELVE  OF
THE  STATE  FINANCE  LAW,  IF THE VALUE OR ESTIMATED VALUE OF THE TREES,
TIMBER OR OTHER FOREST PRODUCTS DOES NOT EXCEED FIFTY THOUSAND  DOLLARS,
THE  CONTRACT  MAY  BE EXECUTED BY THE DEPARTMENT AND SHALL BE VALID AND
ENFORCEABLE WITHOUT FIRST BEING APPROVED BY THE  STATE  COMPTROLLER  AND
FILED IN HIS OR HER OFFICE.
  S  3.  Paragraph b of subdivision 3 of section 15-0514 of the environ-
mental conservation law, as amended by chapter 968 of the laws of  1984,
is amended to read as follows:
  b.  Notice of each public hearing shall be by publication in a newspa-
per most likely to give notice to the people residing within the primary
water supply aquifer. Notice of [such] EACH hearing shall be printed [at
least once in each of three successive weeks,  but  the]  IN  ACCORDANCE
WITH  THE REQUIREMENTS OF TITLE FIVE OF ARTICLE THREE OF THIS CHAPTER. A
hearing shall not be conducted less than thirty days following the  date
of [first] publication of notice of [such] THE hearing.
  S  4.  Subdivision 2 of section 15-0903 of the environmental conserva-
tion law, as amended by chapter 381 of the laws of 1982, is  amended  to
read as follows:
  2.  Whenever  a public hearing is to be held pursuant to this article,
the notice of [such] THE hearing shall be published in  [such  newspaper

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or  newspapers  as  the  department shall deem appropriate, once in each
week for not more than four weeks. At least one publication shall be  in
a  newspaper  of  general  circulation in the area affected.] ACCORDANCE
WITH  THE  REQUIREMENTS  OF TITLE FIVE OF ARTICLE THREE OF THIS CHAPTER.
Notice [thereof] OF THE PUBLIC HEARING shall specify THE SUBJECT  MATTER
OF THE HEARING AND STATE that on [a] THE date [therein named] AND AT THE
PLACE AND TIME SPECIFIED IN THE NOTICE, the department will [cause such]
HOLD  A  hearing  [to  be  held at such place and time as it may specify
therein,] for the purpose of receiving evidence and arguments  from  all
persons  and  public  corporations  that may be affected by the proposed
permit or project and shall have filed  timely  notices  of  appearance.
The  public  notice  shall  specify the last day, not more than ten days
prior to the day specified for the public hearing, on which  notices  of
appearance  may  be  filed with the department. Notices of appearance in
opposition to the permit or project  shall  recite  in  the  notice  the
interest of the person or public corporation filing such notice, and the
specific  grounds  of  objection  to the permit or project. In the event
that no notice of appearance in opposition to  the  proposed  permit  or
project  is filed within the time specified, the department may dispense
with the public hearing and shall proceed to consider  and  examine  the
application,  petition, maps, plans, proofs, arguments and other matters
submitted in support of the proposed permit or project; provided, howev-
er, that nothing herein contained  shall  authorize  the  denial  of  an
application  unless  and  until  the  applicant  or  petitioner has been
afforded an opportunity to present proof and argument in support of  the
application.    [The  notice  of  hearing shall also specify the subject
matter of the hearing in such detail as the department shall deem neces-
sary.]
  S 5. Subdivision 2 of section 15-1935 of the  environmental  conserva-
tion law is amended to read as follows:
  2. Bids or proposals for any such contract work shall be called for by
publishing  a  notice thereof [once a week for two successive weeks in a
newspaper published in each county affected by the proposed works, which
the department shall select, and in such other papers as the  department
shall   direct.    The  advertisements  shall  be  limited  to  a  brief
description of the work proposed to be let with an announcement  stating
where the maps, plans and specifications are on exhibition, of the terms
and  conditions  under  which  bids will be received, the time and place
when the same will be opened and such other matters as may be  necessary
to carry out the provisions of title 19 of this article] IN THE PROCURE-
MENT  OPPORTUNITIES  NEWSLETTER  PUBLISHED PURSUANT TO ARTICLE FOUR-C OF
THE ECONOMIC DEVELOPMENT LAW.
  S 6. Subdivision 2 of section 15-2307 of the  environmental  conserva-
tion law is amended to read as follows:
  2. Bids or proposals for any such work shall be called for by publish-
ing  a notice thereof [once a week for two successive weeks in a newspa-
per published in each county affected by the proposed  works  which  the
department shall select and in such other papers as the department shall
direct.    The advertisements shall be limited to a brief description of
the work proposed to be let with an anonuncement stating where the maps,
plans and specifications are on exhibition, of the terms and  conditions
under which bids will be received, the time and place when the same will
be  opened  and  such other matters as may be necessary to carry out the
provisions of title 23 of this article] IN THE PROCUREMENT OPPORTUNITIES
NEWSLETTER PUBLISHED PURSUANT TO ARTICLE FOUR-C OF THE ECONOMIC DEVELOP-
MENT LAW. The  department  is  authorized  to  furnish  copies  of  such

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contract  plans  and  specifications  to  prospective bidders at a price
which it shall find to be reasonable and to pay the  funds  so  received
into  the river improvement district fund. Every bid or proposal must be
in  writing and be accompanied by a money deposit in the form of a draft
or certified check upon some national or state  bank  or  trust  company
within  the  state in good credit and payable at sight to the department
for five per cent of the total amount  of  the  proposal.  In  case  the
proposer  to whom such contract shall be awarded shall fail or refuse to
enter into such contract within the time fixed by the  department,  such
deposit  shall  be  forfeited  to the department and paid by it into the
river improvement  district  fund;  otherwise  such  deposits  shall  be
returned.  The proposals received pursuant to the advertisement shall be
publicly  opened  and read at the time and place designated. The depart-
ment may reject any and all bids and re-advertise and award the contract
in the manner herein provided whenever in its judgment the interests  of
the district will be enhanced thereby.
  S  7.  Subdivision 4 of section 23-0305 of the environmental conserva-
tion law is amended to read as follows:
  4. Any notice required by this article shall be given by  the  depart-
ment  by any one or more of the following methods: (a) personal service,
(b) publication in [one or more  issues  of]  a  newspaper  [of  general
circulation  in  the county where the land affected or some part thereof
is situated] IN ACCORDANCE WITH THE REQUIREMENTS OF TITLE FIVE OF  ARTI-
CLE  THREE  OF  THIS  CHAPTER,  or  (c)  by registered or certified mail
addressed, postage prepaid, to the last known  mailing  address  of  the
person  or  persons  affected.  The date of service shall be the date on
which service was made in the case of  personal  service,  the  date  of
first  publication in the case of notice by publication, and the date of
mailing in the case of notice by mail.   The notice  shall  specify  the
style  and  number of the proceeding, the time and place of the hearing,
and shall briefly state  the  purpose  of  the  proceeding.  Should  the
department elect to give notice by personal service, such service may be
made  by any officer authorized to serve process, or by any agent of the
department in the same manner as is provided by law for the  service  of
process in civil actions in the courts of the state.
  S  8.  Section 27-0307 of the environmental conservation law, as added
by chapter 726 of the laws of 1990, is amended to read as follows:
S 27-0307. Waste transporter permit revocation notifications.
  After the issuance of an order of  suspension  or  revocation  of  the
permit  of  a  waste transporter, the department shall publish notice of
[such] THE suspension or revocation in a newspaper [or newspapers having
a general circulation in the area or areas served by the  permittee]  IN
ACCORDANCE  WITH THE REQUIREMENTS OF TITLE FIVE OF ARTICLE THREE OF THIS
CHAPTER and in  the  environmental  notice  bulletin  published  by  the
department.    [Such]  THE  notice  shall  include  a statement that the
permittee is no longer licensed or permitted to handle such  waste.  The
department  shall  publish  [such]  THE  notice  [once each week for two
consecutive weeks with the first publication  to  be  completed]  on  or
before the fifteenth day following [such] THE revocation or suspension.
  S  9.  Subdivisions  2  and  4 of section 33-1105 of the environmental
conservation law are amended to read as follows:
  2. The order shall continue in effect from year to year  unless  modi-
fied  or  rescinded  by  the  commissioner. Not later than February [15]
FIFTEENTH of each year, the commissioner shall give notice of the  order
by  [publication  in  a  newspaper  of  general  circulation in the area
affected] POSTING IT ON THE DEPARTMENT'S PUBLIC  WEBSITE.    The  notice

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shall  state  the  terms  of  the order in general language and that the
order will continue in effect for the period of time  specified  in  the
order,  unless  a  petition for modification or rescission of the order,
signed  by  ten or more grape growers or fifty or more persons not grape
growers in the affected area, is  filed  with  the  commissioner  on  or
before March [1] FIRST of such year.
  4.  All orders shall be effected upon posting the same[ prominently in
at least five of the most public places within the affected area.   They
shall also be published in a newspaper having general circulation in the
areas  affected  but such publication shall not be a condition precedent
to their effectiveness] ON THE DEPARTMENT'S PUBLIC WEBSITE.  THE  ORDERS
SHALL  BE MADE AVAILABLE FOR PUBLIC INSPECTION IN THE REGIONAL OFFICE OF
THE COUNTIES AFFECTED BY THE  ORDERS.  A  COPY  OF  AN  ORDER  SHALL  BE
PROVIDED TO AN INDIVIDUAL UPON REQUEST TO THE DEPARTMENT.
  S  10.  Paragraph h of subdivision 2 of section 3-0301 of the environ-
mental conservation law, as amended by chapter 274 of the laws of  1975,
is amended to read as follows:
  h.  Conduct investigations and hold hearings and compel the attendance
of witnesses and the  production  of  accounts,  books,  documents,  and
nondocumentary  evidence  by the issuance of a subpoena.  IN ANY HEARING
REQUIRED BY THIS CHAPTER ON ANY PERMIT, CERTIFICATE,  LICENSE  OR  OTHER
FORM  OF  DEPARTMENT  APPROVAL  ISSUED IN CONNECTION WITH ANY REGULATORY
PROGRAM ADMINISTERED BY THE DEPARTMENT, OTHER THAN AN ENFORCEMENT ORDER,
THE DEPARTMENT MAY REQUIRE AN APPLICANT TO  PUBLISH  A  NOTICE,  RENT  A
HEARING  ROOM AND PREPARE A TRANSCRIPT ASSOCIATED WITH THE PROCEEDING OR
PAY THE COST OF SUCH NOTICE  PUBLICATION,  ROOM  RENTAL  AND  TRANSCRIPT
PREPARATION.   PRIOR TO COMMENCING A HEARING, THE DEPARTMENT MAY REQUIRE
AN APPLICANT TO POST A BOND OR  OTHER  SUITABLE  UNDERTAKING  TO  ASSURE
PAYMENT OF SUCH COSTS.
  S  11. Subdivision 3 of section 70-0119 of the environmental conserva-
tion law, as added by chapter 723 of the laws of  1977,  is  amended  to
read as follows:
  3.  The  department may require an applicant to [pay the cost of rent-
ing] PUBLISH A NOTICE, RENT a hearing room and [of preparing] PREPARE  a
transcript,  OR PAY THE COST OF SUCH NOTICE PUBLICATION, ROOM RENTAL AND
TRANSCRIPT PREPARATION,  associated  with  a  public  hearing  conducted
pursuant  to this article. Prior to commencing a public hearing pursuant
to this article, the department may require an applicant to post a  bond
or other suitable undertaking to assure payment of such costs.
  S  12.  Paragraph k of subdivision 2 of section 3-0301 of the environ-
mental conservation law is amended to read as follows:
  k. Report from time to time to the Governor [and make an annual report
to  the  Governor]  and  the  Legislature  AS  THE  COMMISSIONER   DEEMS
ADVISABLE.
  S  13.  Section  19-0317  of  the  environmental  conservation  law is
REPEALED.
  S 14.  Section  23-2311  of  the  environmental  conservation  law  is
REPEALED.
  S 15. Subdivision 11 of section 27-0305 of the environmental conserva-
tion law is REPEALED.
  S  16.  Subdivisions  5  and 6 of section 27-0715 of the environmental
conservation law are REPEALED.
  S 17.  Section  27-0920  of  the  environmental  conservation  law  is
REPEALED.

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  S  18. Subdivision 2 of section 33-1201 of the environmental conserva-
tion law, as added by chapter 279 of the laws of  1996,  is  amended  to
read as follows:
  2.  The  commissioner  shall  prepare  an  annual [report summarizing]
SUMMARY OF pesticide sales, quantity of  pesticides  used,  category  of
applicator and region of application. The commissioner shall not provide
the  name, address, or any other information which would otherwise iden-
tify a commercial or private applicator, or  any  person  who  sells  or
offers  for  sale  restricted use or general use pesticides to a private
applicator, or any person who received  the  services  of  a  commercial
applicator.  In  accordance with article six of the public officers law,
proprietary information contained within such  record,  including  price
charged per product, shall not be disclosed. The [report] ANNUAL SUMMARY
shall  be  [submitted  to  the  governor, the temporary president of the
senate and the speaker of the assembly, and shall be made  available  to
all  interested  parties.  The  first  report shall be submitted on July
first, nineteen hundred ninety-eight  and]  PUBLISHED  ANNUALLY  ON  THE
DEPARTMENT'S  PUBLIC WEBSITE on OR BEFORE July first [annually thereaft-
er].
  S 19.  Section  47-0117  of  the  environmental  conservation  law  is
REPEALED.
  S  20.  Section  49-0109  of  the  environmental  conservation  law is
REPEALED.
  S 21.  Section  53-0105  of  the  environmental  conservation  law  is
REPEALED.
  S  22. Subdivisions 4, 5 and 6 of section 24-0301 of the environmental
conservation law, as amended by chapter 654 of  the  laws  of  1977,  is
amended to read as follows:
  4.  Upon  completion  of  the  tentative freshwater wetlands map for a
particular area, the commissioner  or  his  designated  hearing  officer
shall  hold a public hearing in that area in order to afford an opportu-
nity for any person to propose additions or deletions from such map. The
commissioner shall give notice of such hearing to each owner  of  record
as  shown  on the latest completed tax assessment rolls, of lands desig-
nated as such wetlands as shown on said map and also to the chief admin-
istrative officer and clerk of each local government within the  bounda-
ries  of  which any such wetland or a portion thereof is located and, in
the case of a tentative freshwater wetlands map for any area within  the
Adirondack  park, to the Adirondack park agency, [by certified mail] not
less than thirty days prior to the date set for such hearing  and  shall
assure  that  a  copy  of  the  relevant  map  is  available  for public
inspection at a convenient location  [in  such  local  government].  The
commissioner shall also cause notice of such hearing to be published [at
least  once]  IN  THE  ENVIRONMENTAL  NOTICE  BULLETIN AND POSTED ON THE
DEPARTMENT'S WEBSITE, not more than thirty days nor fewer than ten  days
before the date set for such hearing[, in at least two newspapers having
general circulation in the area where such wetlands are located].
  5. After considering the testimony given at such hearing and any other
facts  which  may  be  deemed pertinent, after considering the rights of
affected property owners and the ecological balance in  accordance  with
the policy and purposes of this article, and, in the case of wetlands or
portions  thereof  within the Adirondack park, after consulting with the
Adirondack park agency, the commissioner shall promulgate by  order  the
final  freshwater wetlands map. Such order shall not be promulgated less
than sixty days from the date of the  hearing  required  by  subdivision
four  [hereof]  OF  THIS SECTION.   A copy of the order, together with a

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copy of such map or relevant portion  thereof  shall  be  filed  in  the
DEPARTMENT'S  REGIONAL office [of the clerk of each local government] in
THE REGION IN which each such wetland or a portion  thereof  is  located
AND POSTED ON THE DEPARTMENT'S WEBSITE and, in the case of a map for any
area  within  the  Adirondack park, with the Adirondack park agency.  AT
THE REQUEST OF A LOCAL GOVERNMENT, THE DEPARTMENT SHALL  SEND  THE  MAP,
EITHER AS PHYSICAL COPY OF THE FINAL FRESHWATER WETLANDS MAP, OR, IF THE
LOCAL  GOVERNMENT  PREFERS  AND  IT  IS  AVAILABLE,  A DIGITAL FILE THAT
REPRESENTS IT. The commissioner  shall  simultaneously  give  notice  of
[such]  THE  order  to  each  owner  of  lands,  as  shown on the latest
completed tax assessment rolls, designated as such wetlands by mailing a
copy of such order to such owner [by certified mail in any case where  a
notice by certified mail was not sent pursuant to subdivision four here-
of,  and in all other cases by first class mail]. The commissioner shall
also give notice of such order at such time to the chief  administrative
officer of each local government within the boundaries of which any such
wetland  or  a  portion  thereof is located. [At the time of filing with
such clerk or clerks, the] THE commissioner shall also cause a  copy  of
such  order  to  be published in [at least two newspapers having general
circulation in the area where such wetlands are  located]  THE  ENVIRON-
MENTAL NOTICE BULLETIN.
  6.  Except  as  provided  in  subdivision  eight  of this section, the
commissioner shall supervise the  maintenance  of  such  boundary  maps,
which shall be available to the public for inspection and examination at
the  regional  office of the department in which the wetlands are wholly
or partly located and [in the office of the  clerk  of  each  county  in
which  each such wetland or a portion thereof is located] ON THE DEPART-
MENT'S WEBSITE.  The commissioner may readjust  the  map  thereafter  to
clarify  the  boundaries  of  the wetlands, to correct any errors on the
map, to effect any additions, deletions or technical changes on the map,
and to reflect changes as have occurred as a result of the  granting  of
permits  pursuant to section 24-0703 of this article, or natural changes
which may have occurred through erosion, accretion, or otherwise. Notice
of such readjustment shall be given in the same manner as set  forth  in
subdivision  five of this section for the promulgation of final freshwa-
ter wetlands maps.
  S 23. Subdivisions 3, 4 and 5 of section 25-0201 of the  environmental
conservation  law, subdivisions 3 and 4 as amended by chapter 598 of the
laws of 1976, and subdivision 5 as added by chapter 790 of the  laws  of
1973, are amended to read as follows:
  3.  Upon  completion  of a tentative tidal wetlands boundary map for a
particular area, the commissioner  or  his  designated  hearing  officer
shall  hold  a  public hearing in order to afford an opportunity for any
person to propose additions or deletions from such map. The commissioner
shall give notice of such hearing to each owner of record of  all  lands
designated  as such wetland as shown on such maps, and also to the chief
administrative officer of each municipality within  whose  boundary  any
such  wetland  or portion thereof is located[, by certified mail, return
receipt requested,] not less than thirty days prior to the date set  for
such  hearing.  The commissioner shall also cause notice of such hearing
to be published [at least once] IN THE ENVIRONMENTAL NOTICE BULLETIN AND
POSTED ON THE DEPARTMENT'S WEBSITE, not more than thirty days nor  fewer
than  ten  days  before  the date set for such hearing[, in at least two
newspapers having a general circulation in the area where such  wetlands
are located].

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  4. After considering the testimony given at such hearing and any other
facts  which may be deemed pertinent and after considering the rights of
affected property owners and the policy and purposes of  this  act,  the
commissioner  shall  establish  by  order  the final bounds of each such
wetland.  A copy of the order, together with a copy of the map depicting
such final boundary lines, shall be filed in the  DEPARTMENT'S  REGIONAL
office  [of  the  clerk  of the county] in THE REGION IN which each such
wetland is located AND  POSTED  ON  THE  DEPARTMENT'S  WEBSITE.  AT  THE
REQUEST OF A LOCAL GOVERNMENT, THE DEPARTMENT SHALL SEND THE MAP, EITHER
AS  PHYSICAL  COPY  OF  THE  FINAL  TIDAL WETLANDS MAP, OR, IF THE LOCAL
GOVERNMENT PREFERS AND IT IS AVAILABLE A DIGITAL  FILE  THAT  REPRESENTS
IT.    The  commissioner  shall simultaneously give notice of [such] THE
order to each owner of all lands designated as such wetlands by  mailing
a  copy  of such order to such owner. The commissioner shall also simul-
taneously give notice of such order [by certified  mail]  to  the  chief
administrative  officer  of  each municipality within whose boundary any
such wetland or portion thereof is located. The commissioner shall  also
cause  a  copy of such order to be published in [at least two newspapers
having a general  circulation  in  the  area  where  such  wetlands  are
located] THE ENVIRONMENTAL NEWS BULLETIN.
  5.  Any person aggrieved by such order may seek judicial review pursu-
ant to article seventy-eight of the civil practice law and rules in  the
supreme  court  for  the county in which the tidal wetlands are located,
within thirty days after the date of the filing of the order  [with  the
clerk  of  the county in which such wetlands are located] IN THE DEPART-
MENT'S REGIONAL OFFICE.
  S 24. Subdivision 8 of section 27-0305 of the environmental  conserva-
tion  law,  as amended by chapter 739 of the laws of 1989, is amended to
read as follows:
  8. Such permit shall be renewed [annually] AT LEAST EVERY FIVE  YEARS.
The fees for such permit or renewal shall be those established by [regu-
lation  promulgated  pursuant to] TITLE FIVE OF article [70] SEVENTY-TWO
of this chapter AND SHALL BE PAID ANNUALLY.  A renewal may be denied  by
the  department  for  failure  of  the  applicant  to properly report as
provided in subdivision [7] SEVEN of this section.
  S 25. Subdivision 4 of section 72-0402 of the environmental  conserva-
tion  law, as added by chapter 471 of the laws of 1985 and renumbered by
chapter 62 of the laws of 1989, is amended to read as follows:
  4. Bills issued for annual  hazardous  waste  program  fees  shall  be
[estimated bills] based [either:
  a.  upon  the  actual  activity  of  the  preceding  calendar year, as
reported to the department, or as adjusted by the department to  reflect
non-recurring events or reporting errors, or
  b.  in  those  instances where actual activity cannot be determined or
where the status of a person subject to the provisions of this title has
changed since the issuance of the bill for the preceding year so that  a
different  fee  category  is applicable, upon estimated activity for the
current calendar year, as determined  by  the  department]  UPON  ACTUAL
HAZARDOUS  WASTE  GENERATED FOR THE PRIOR CALENDAR YEAR, AS DEMONSTRATED
TO THE DEPARTMENT'S SATISFACTION. DURING THE FIRST YEAR  OF  IMPLEMENTA-
TION OF THIS SUBDIVISION, BILLS WILL BE BASED ON THE AVERAGE QUANTITY OF
HAZARDOUS WASTE GENERATED FOR THE PREVIOUS THREE CALENDAR YEARS.
  S  26. Subdivision 11 of section 9-1103 of the environmental conserva-
tion law is REPEALED.
  S 27. Subdivision 5 of section 9-1105 of the  environmental  conserva-
tion law is REPEALED.

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  S  28. Section 9-1123 of the environmental conservation law is amended
by adding a new article XV to read as follows:
                                ARTICLE XV
  THE  PROVISIONS  OF  ARTICLE IX OF THIS COMPACT WHICH RELATE TO MUTUAL
AID IN COMBATING, CONTROLLING OR PREVENTING FOREST FIRES SHALL BE OPERA-
TIVE AS BETWEEN ANY STATE PARTY TO THIS  COMPACT  AND  ANY  OTHER  STATE
WHICH  IS  PARTY TO A REGIONAL FOREST FIRE PROTECTION COMPACT IN ANOTHER
REGION; PROVIDED THAT THE LEGISLATURE OF SUCH  OTHER  STATE  SHALL  HAVE
GIVEN ITS CONSENT TO SUCH MUTUAL AID PROVISIONS OF THIS COMPACT.
  S 29. This act shall take effect immediately.

                                 PART FF

  Section  1.  Section  1421  of the tax law, as amended by section 1 of
part T of chapter 59 of the laws of 2009, is amended to read as follows:
  S 1421. Deposit and dispositions of revenues. From the taxes, interest
and penalties attributable to the tax imposed pursuant to section  four-
teen  hundred  two of this article, the amount of [thirty-three and one-
half million] ONE HUNDRED NINETY-NINE  MILLION  THREE  HUNDRED  THOUSAND
dollars  shall  be  deposited  by  the  comptroller in the environmental
protection fund established pursuant  to  section  ninety-two-s  of  the
state  finance  law for the fiscal year beginning April first, [nineteen
hundred ninety-five] TWO THOUSAND  NINE;  the  amount  of  [eighty-seven
million  dollars  shall  be  deposited in such fund for the fiscal years
beginning April first, nineteen hundred ninety-six and nineteen  hundred
ninety-seven;  the amount of one hundred twelve million dollars shall be
deposited in such fund for the fiscal years beginning April first, nine-
teen hundred ninety-eight, nineteen hundred ninety-nine,  two  thousand,
two  thousand  one,  two  thousand two, two thousand three, two thousand
four and two thousand five;  the  amount  of  one  hundred  thirty-seven
million  dollars  shall  be  deposited  in such fund for the fiscal year
beginning April first, two thousand  six;  the  amount  of  two  hundred
twelve  million  dollars  shall be deposited in such fund for the fiscal
year beginning April first,  two  thousand  seven;  the  amount  of  two
hundred thirty-seven million dollars shall be deposited in such fund for
the fiscal year beginning April first, two thousand eight; the amount of
one  hundred ninety-nine million three hundred thousand dollars shall be
deposited in such fund for four fiscal years beginning April first,  two
thousand  nine;]  ONE  HUNDRED THIRTY-TWO MILLION THREE HUNDRED THOUSAND
DOLLARS SHALL BE DEPOSITED IN SUCH FUND FOR THE  FISCAL  YEAR  BEGINNING
APRIL  FIRST,  TWO  THOUSAND  TEN; and for each fiscal year thereafter[;
provided however that at the direction of the director of the budget, an
additional amount of up to twenty-five million dollars may be  deposited
in  such  fund  for  the fiscal year beginning April first, two thousand
seven and ending March thirty-first, two thousand eight, for disposition
as provided under such section]. On or  before  June  twelfth,  nineteen
hundred ninety-five and on or before the twelfth day of each month ther-
eafter  (excepting the first and second months of each fiscal year), the
comptroller shall deposit into such fund from the  taxes,  interest  and
penalties  collected  pursuant  to  such section fourteen hundred two of
this article which have been deposited and remain to  the  comptroller's
credit  in  the  banks, banking houses or trust companies referred to in
section one hundred seventy-one-a of this chapter at the close of  busi-
ness  on  the  last  day of the preceding month, an amount equal to one-
tenth of the annual amount required to be deposited in such fund  pursu-
ant  to  this  section  for  the  fiscal  year  in which such deposit is

S. 6609--A                         82                         A. 9709--A

required to be made. In the event such amount  of  taxes,  interest  and
penalties  so  remaining  to  the  comptroller's credit is less than the
amount required to be deposited in such  fund  by  the  comptroller,  an
amount  equal  to  the  shortfall shall be deposited in such fund by the
comptroller with subsequent deposits, as soon as the revenue  is  avail-
able.  Beginning  April  first, nineteen hundred ninety-seven, the comp-
troller shall transfer monthly to the clean water/clean air fund  estab-
lished  pursuant  to  section ninety-seven-bbb of the state finance law,
all moneys remaining from such taxes, interest and  penalties  collected
that are not required for deposit in the environmental protection fund.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART GG

  Section 1. Subdivision 3 of section 79-b of  the  navigation  law,  as
separately  amended  by  chapters  768  and  805 of the laws of 1992, is
amended to read as follows:
  3. The amount of state aid to be allocated  to  eligible  governmental
entities pursuant to this article shall be determined by the commission-
er  as  hereinafter provided.  [He] THE COMMISSIONER shall determine the
percentage proportion which the authorized expenditures of each individ-
ual entity, not exceeding four hundred thousand dollars for each  county
including  municipalities  therein,  shall  bear to the total authorized
expenditures of all entities. Such percentage proportion shall  then  be
applied  against  an  amount  equal  to [three-quarters] ONE-HALF of the
total of the amount received by the state in each preceding program year
in [fees] VESSEL REGISTRATION FEES AS  PROVIDED  IN  SECTION  TWENTY-TWO
HUNDRED  FIFTY-ONE  OF  THE  VEHICLE  AND TRAFFIC LAW, less no more than
thirty percent, subject to appropriation,  which  may  be  used  by  the
commissioner  and  the commissioner of motor vehicles for administrative
costs of the program, including  training  and  equipment,  and  by  the
department  of  environmental conservation, the division of state police
and other state agencies, subject to the approval of  the  commissioner,
for the purposes of this article [for the registration of vessels], plus
the  entire  amount  received  pursuant  to  subdivision nine of section
forty-four of this chapter. The amount thus determined shall  constitute
the maximum amount of state aid to which each such entity shall be enti-
tled;  provided,  however,  that no entity shall receive state aid in an
amount in excess of  [seventy-five]  FIFTY  percent  of  its  authorized
expenditures  as approved by the commissioner for such program year. The
commissioner shall certify to the comptroller the amount thus determined
for each eligible local governmental entity as the amount of  state  aid
to  be apportioned to such eligible local governmental entity. The allo-
cation of state aid to any county,  town  or  village  within  the  Lake
George  park shall not be reduced because of the allocation of state aid
to the Lake George park commission. Of the remaining funds  received  by
the  state  for the registration of vessels AS PROVIDED IN SECTION TWEN-
TY-TWO HUNDRED FIFTY-ONE OF THE VEHICLE AND TRAFFIC LAW,  no  less  than
six percent shall be made available to the commissioner for the expenses
of  the  office  in  providing  navigation  law enforcement training and
administering the provisions of this section.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2010.

                                 PART HH

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  Section 1. Subdivision 4 of section 27.17 of the parks, recreation and
historic preservation law, as amended by chapter 88 of the laws of 1988,
is amended to read as follows:
  4.  Not  more  than thirty percent of the snowmobile trail development
and maintenance fund, as determined by the commissioner, shall  be  made
available  to  the  commissioner  and  the commissioner of environmental
conservation for snowmobile trail development and maintenance AND PUBLIC
SAFETY ACTIVITIES on state owned lands; provided, however, that any such
maintenance and development on forest preserve lands shall be undertaken
in accordance with the master plan for the  management  of  state  lands
pursuant to section eight hundred sixteen of the executive law.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART II

  Section 1. Subdivision 1 of section 235 of  the  vehicle  and  traffic
law,  as separately amended by sections 1 of chapters 20, 21, 22 and 383
of the laws of 2009, is amended to read as follows:
  1. Notwithstanding any inconsistent provision of any general,  special
or  local  law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized  to  establish  an  administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting  parking,  standing  or stopping violations, or to adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a  of  this chapter, or to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven  of  this
chapter in accordance with section eleven hundred eleven-b of this chap-
ter  as added by section sixteen of the chapter of the laws of two thou-
sand nine which amended this subdivision, or to adjudicate the liability
of owners for violations of toll collection regulations  as  defined  in
and  in  accordance  with  the  provisions  of section two thousand nine
hundred  eighty-five  of  the  public  authorities  law   and   sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of  the  laws  of  nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF
OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS  CHAP-
TER  FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION,
such tribunal and the rules and regulations pertaining thereto shall  be
constituted in substantial conformance with the following sections.
  S 2. Section 235 of the vehicle and traffic law, as separately amended
by  sections  2  of  chapters 20, 21, 22 and 383 of the laws of 2009, is
amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is  authorized  to  establish  an
administrative  tribunal  to  hear  and  determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred eleven-a of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  section  eleven hundred
eleven-b of this chapter as added by section sixteen of the  chapter  of
the  laws of two thousand nine which amended this section, or to adjudi-
cate the liability of owners for violations  of  toll  collection  regu-

S. 6609--A                         84                         A. 9709--A

lations  as  defined in and in accordance with the provisions of section
two thousand nine hundred eighty-five of the public authorities law  and
sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
seventy-four  of  the  laws  of nineteen hundred fifty, OR TO ADJUDICATE
LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-C
OF  THIS  CHAPTER  FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN
SUCH SECTION, such tribunal and the  rules  and  regulations  pertaining
thereto shall be constituted in substantial conformance with the follow-
ing sections.
  S 3. Section 235 of the vehicle and traffic law, as separately amended
by  sections  3  of  chapters 20, 21, 22 and 383 of the laws of 2009, is
amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is  authorized  to  establish  an
administrative  tribunal  to  hear  and  determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred  eleven-b of this chapter as added by section sixteen of
the chapter of the laws of two thousand nine which amended this section,
or to  adjudicate  the  liability  of  owners  for  violations  of  toll
collection  regulations  as  defined  in  and  in  accordance  with  the
provisions of section two  thousand  nine  hundred  eighty-five  of  the
public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
fifty,  OR  TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-C OF THIS  CHAPTER  FOR  VIOLATIONS  OF  BUS  LANE
RESTRICTIONS AS DEFINED IN SUCH SECTION, such tribunal and the rules and
regulations  pertaining  thereto  shall  be  constituted  in substantial
conformance with the following sections.
  S 4. Section 235 of the vehicle and traffic law, as separately amended
by chapter 715 of the laws of 1972 and chapter 379 of the laws of  1992,
is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the  liability  of  owners for violations of toll collection
regulations as defined in and  in  accordance  with  the  provisions  of
section  two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
hundred  seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
DICATE LIABILITY OF OWNERS IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-C  OF  THIS  CHAPTER  FOR  VIOLATIONS OF BUS LANE RESTRICTIONS AS
DEFINED IN SUCH SECTION, such tribunal and  the  rules  and  regulations
pertaining  thereto shall be constituted in substantial conformance with
the following sections.
  S 5. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
separately  amended  by sections 4 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:
  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation and, where authorized by local law adopted pursuant to

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subdivision  (a)  of  section eleven hundred eleven-a of this chapter or
subdivision (a) of section eleven hundred eleven-b of  this  chapter  as
added by section sixteen of the chapter of the laws of two thousand nine
which amended this subdivision, shall adjudicate the liability of owners
for  violations  of  subdivision (d) of section eleven hundred eleven of
this chapter in accordance with such section eleven hundred eleven-a  or
such  section eleven hundred eleven-b as added by section sixteen of the
chapter of the laws of two thousand nine which amended this  subdivision
and  shall  adjudicate  the  liability  of owners for violations of toll
collection  regulations  as  defined  in  and  in  accordance  with  the
provisions  of  section  two  thousand  nine  hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
fifty AND SHALL  ADJUDICATE  LIABILITY  OF  OWNERS  IN  ACCORDANCE  WITH
SECTION  ELEVEN  HUNDRED  ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS
LANE RESTRICTIONS AS DEFINED IN SUCH SECTION.  Such tribunal, except  in
a  city with a population of one million or more, shall also have juris-
diction of abandoned vehicle violations. For the purposes of this  arti-
cle, a parking violation is the violation of any law, rule or regulation
providing for or regulating the parking, stopping or standing of a vehi-
cle. In addition for purposes of this article, "commissioner" shall mean
and  include  the  commissioner  of  traffic  of the city or an official
possessing authority as such a commissioner.
  S 6. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
separately  amended  by sections 5 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:
  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation and, where authorized by local law adopted pursuant to
subdivision  (a)  of  section eleven hundred eleven-b of this chapter as
added by section sixteen of the chapter of the laws of two thousand nine
which amended this subdivision, shall adjudicate the liability of owners
for violations of subdivision (d) of section eleven  hundred  eleven  of
this  chapter in accordance with such section eleven hundred eleven-b as
added by section sixteen of the chapter of the laws of two thousand nine
which amended this subdivision; AND SHALL ADJUDICATE LIABILITY OF OWNERS
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS  CHAPTER  FOR
VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION.  For the
purposes  of  this  article, a parking violation is the violation of any
law, rule or regulation providing for or regulating the  parking,  stop-
ping or standing of a vehicle. In addition for purposes of this article,
"commissioner" shall mean and include the commissioner of traffic of the
city or an official possessing authority as such a commissioner.
  S  7.  Subdivision 1 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation AND SHALL ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE
WITH  SECTION  ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF
BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION.  For the  purposes  of
this  article,  a parking violation is the violation of any law, rule or
regulation providing for or regulating the parking, stopping or standing
of a vehicle. In addition for purposes of this  article,  "commissioner"

S. 6609--A                         86                         A. 9709--A

shall  mean  and  include  the commissioner of traffic of the city or an
official possessing authority as such a commissioner.
  S  8. Subdivision 11 of section 237 of the vehicle and traffic law, as
added by chapter 379 of the laws of 1992, is amended and a new  subdivi-
sion 12 is added to read as follows:
  11.  To  adjudicate  the  liability  of  owners for violations of toll
collection  regulations  as  defined  in  and  in  accordance  with  the
provisions  of  section  two  thousand  nine  hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
fifty[.];
  12.   TO ADJUDICATE LIABILITY OF OWNERS  IN  ACCORDANCE  WITH  SECTION
ELEVEN  HUNDRED  ELEVEN-C  OF  THIS  CHAPTER  FOR VIOLATIONS OF BUS LANE
RESTRICTIONS AS DEFINED IN SUCH SECTION.
  S 9. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
traffic  law, as separately amended by sections 8 of chapters 20, 21, 22
and 383 of the laws of 2009, is amended to read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision  nine  of  section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred  eleven-a  of  this
chapter  or  section eleven hundred eleven-b of this chapter as added by
section sixteen of the chapter of the laws of two  thousand  nine  which
amended  this  paragraph, and shall not be deemed to include a notice of
liability issued pursuant to section two thousand nine  hundred  eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE  OF  LIABILITY
ISSUED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER.
  S  10.  Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by sections 9 of chapters 20, 21,  22
and 383 of the laws of 2009, is amended to read as follows:
  f.  "Notice  of  violation"  means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article but
shall not be deemed to include a notice of liability issued pursuant  to
authorization set forth in section eleven hundred eleven-b of this chap-
ter  as added by section sixteen of the chapter of the laws of two thou-
sand nine which amended this  paragraph  AND  SHALL  NOT  BE  DEEMED  TO
INCLUDE  A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED
ELEVEN-C OF THIS CHAPTER.
  S 11. Paragraph f of subdivision 1 of section 239 of the  vehicle  and
traffic  law, as added by chapter 180 of the laws of 1980, is amended to
read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision nine of section two hundred thirty-seven of this article AND
SHALL  NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER.
  S 12. Subdivision 4 of section 239 of the vehicle and traffic law,  as
amended  by  chapter  379  of  the  laws  of 1992, is amended to read as
follows:
  4. Applicability. The provisions of paragraph b of subdivision two and
subdivision three of this section shall not be  applicable  to  determi-
nations of owner liability for the failure of an operator to comply with
subdivision  (d)  of  section  eleven hundred eleven of this chapter and
shall not be applicable to determinations  of  owner  liability  imposed
pursuant  to section two thousand nine hundred eighty-five of the public

S. 6609--A                         87                         A. 9709--A

authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL NOT  BE  APPLICABLE  TO  DETERMINATIONS  OF  OWNER  LIABILITY  FOR
VIOLATIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER.
  S 13. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as separately amended by sections 10 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
violation enters a plea of not guilty or a person alleged to  be  liable
in  accordance  with  section eleven hundred eleven-a of this chapter or
section eleven hundred eleven-b of this  chapter  as  added  by  section
sixteen  of  the  chapter of the laws of two thousand nine which amended
this paragraph subdivision,  for  a  violation  of  subdivision  (d)  of
section  eleven hundred eleven of this chapter contests such allegation,
or a person alleged to be liable in accordance with  the  provisions  of
section  two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
hundred seventy-four of the laws of nineteen hundred fifty OR OF SECTION
ELEVEN  HUNDRED  ELEVEN-C  OF THIS CHAPTER, the bureau shall advise such
person personally by such form of first class mail as the  director  may
direct  of  the date on which he or she must appear to answer the charge
at a hearing. The form and content of such notice of  hearing  shall  be
prescribed  by  the  director, and shall contain a warning to advise the
person so pleading or contesting that failure  to  appear  on  the  date
designated,  or  on  any  subsequent  adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, or the bureau has been notified that an allegation of liability
in  accordance  with  section eleven hundred eleven-a of this chapter or
section eleven hundred eleven-b of this  chapter  as  added  by  section
sixteen  of  the  chapter of the laws of two thousand nine which amended
this subdivision or  an  allegation  of  liability  in  accordance  with
section  two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
hundred seventy-four of the laws of nineteen hundred fifty OR AN ALLEGA-
TION  OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF
THIS CHAPTER, is being contested, by a person in a timely fashion and  a
hearing  upon  the  merits has been demanded, but has not yet been held,
the bureau shall not issue any notice of fine or penalty to that  person
prior to the date of the hearing.
  S 14. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as separately amended by sections 11 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
violation enters a plea of not guilty or a person alleged to  be  liable
in  accordance  with  section eleven hundred eleven-b of this chapter as
added by section sixteen of the chapter of the laws of two thousand nine
which amended this subdivision for a violation  of  subdivision  (d)  of
section  eleven  hundred  eleven  of  this  chapter OR OF SECTION ELEVEN
HUNDRED ELEVEN-C OF THIS CHAPTER, contests such allegation,  the  bureau
shall  advise such person personally by such form of first class mail as
the director may direct of the date on which he or she  must  appear  to
answer  the  charge at a hearing. The form and content of such notice of
hearing shall be prescribed by the director, and shall contain a warning
to advise the person so pleading or contesting that failure to appear on

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the date designated, or on  any  subsequent  adjourned  date,  shall  be
deemed  an  admission  of  liability, and that a default judgment may be
entered thereon.
  1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-b of this  chapter,  as
added by section sixteen of the chapter of the laws of two thousand nine
which amended this subdivision, OR AN ALLEGATION OF LIABILITY IN ACCORD-
ANCE  WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-C  OF THIS CHAPTER is being
contested, by a person in a timely fashion and a hearing upon the merits
has been demanded, but has not yet been held, the bureau shall not issue
any notice of fine or penalty to that person prior to the  date  of  the
hearing.
  S  15. Subdivision 1 of section 240 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters  a plea of not guilty OR A PERSON ALLEGED TO BE LIABLE
IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED  ELEVEN-C  OF  THIS  CHAPTER
CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
by  such form of first class mail as the director may direct of the date
on which he OR SHE must appear to answer the charge at  a  hearing.  The
form  and  content  of such notice of hearing shall be prescribed by the
director, and shall contain a warning to advise the person  so  pleading
that  failure  to  appear  on  the date designated, or on any subsequent
adjourned date, shall be deemed an admission of liability,  and  that  a
default judgment may be entered thereon.
  S  16. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as separately amended by sections  10  of  chapters
20, 21, 22 and 383 of the laws of 2009, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or  an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with  section  eleven  hundred
eleven-b  of  this chapter as added by section sixteen of the chapter of
the laws of two thousand nine which amended this paragraph or an allega-
tion of liability in accordance with section two thousand  nine  hundred
eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws  of nineteen hundred fifty OR AN ALLEGATION OF LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, shall be held
before a hearing examiner  in  accordance  with  rules  and  regulations
promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing  at  which  liability  in accordance with section eleven hundred
eleven-a of this chapter or in accordance with  section  eleven  hundred
eleven-b  of  this chapter as added by section sixteen of the chapter of
the laws of two thousand nine which amended this paragraph is  contested
or  of a hearing at which liability in accordance with section two thou-
sand nine hundred eighty-five of the public authorities law or  sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of  the  laws  of nineteen hundred fifty is contested OR AT A HEARING AT
WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-C  OF
THIS CHAPTER IS CONTESTED.  Recording devices may be used for the making
of the record.
  S  17. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as separately amended by sections  11  of  chapters
20, 21, 22 and 383 of the laws of 2009, are amended to read as follows:

S. 6609--A                         89                         A. 9709--A

  a. Every hearing for the adjudication of a charge of parking violation
or  an allegation of liability in accordance with section eleven hundred
eleven-b of this chapter, as added by section sixteen of the chapter  of
the laws of two thousand nine which amended this paragraph OR AN ALLEGA-
TION  OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF
THIS CHAPTER, shall be held before a hearing examiner in accordance with
rules and regulations promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance  with  section  eleven  hundred
eleven-b  of this chapter, as added by section sixteen of the chapter of
the laws of two thousand nine which amended this paragraph OR AT A HEAR-
ING AT  WHICH  LIABILITY  IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-C  OF  THIS  CHAPTER IS CONTESTED.  Recording devices may be used
for the making of the record.
  S 18. Paragraphs a and g of subdivision 2 of section 240 of the  vehi-
cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED
ELEVEN-C  OF  THIS  CHAPTER  shall  be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty OR AT A
HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-C  OF  THIS  CHAPTER IS CONTESTED.  Recording devices may be used
for the making of the record.
  S 19. Subdivisions 1 and 2 of section 241 of the vehicle  and  traffic
law, as separately amended by sections 12 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he or she may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  section  eleven hundred eleven-a of this
chapter or in accordance with section eleven hundred  eleven-b  of  this
chapter  as  added  by section sixteen of the chapter of the laws of two
thousand nine which amended this subdivision or the  record  of  liabil-
ities  incurred  in  accordance  with  section two thousand nine hundred
eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty of the person charged, OR THE  RECORD  OF
LIABILITIES  INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C
OF THIS CHAPTER, as applicable prior to rendering a final determination.
Final determinations sustaining or dismissing charges shall  be  entered
on  a  final  determination  roll maintained by the bureau together with
records showing payment and nonpayment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  or  contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter  or  in  accordance
with section eleven hundred eleven-b of this chapter as added by section
sixteen  of  the  chapter of the laws of two thousand nine which amended
this subdivision or fails to  contest  an  allegation  of  liability  in
accordance  with  section  two  thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
fifty, OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION  ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER or fails to appear on a

S. 6609--A                         90                         A. 9709--A

designated hearing date or subsequent adjourned date or  fails  after  a
hearing  to  comply  with  the  determination  of a hearing examiner, as
prescribed by this article or by rule or regulation of the bureau,  such
failure  to  plead or contest, appear or comply shall be deemed, for all
purposes, an admission of liability and shall be grounds  for  rendering
and  entering  a default judgment in an amount provided by the rules and
regulations of the bureau. However, after the expiration of the original
date prescribed for entering a plea and before a default judgment may be
rendered, in such case the  bureau  shall  pursuant  to  the  applicable
provisions  of  law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the  violation  charged,
or  liability in accordance with section eleven hundred eleven-a of this
chapter or in accordance with section eleven hundred  eleven-b  of  this
chapter  as  added  by section sixteen of the chapter of the laws of two
thousand nine which amended this subdivision  alleged  or  liability  in
accordance  with  section  two  thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred fifty
alleged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  ELEVEN-C
OF  THIS  CHAPTER,  (2) of the impending default judgment, (3) that such
judgment will be entered in the Civil Court of the  city  in  which  the
bureau has been established, or other court of civil jurisdiction or any
other  place  provided for the entry of civil judgments within the state
of New York, and (4) that a default may be avoided by entering a plea or
contesting an allegation of liability in accordance with section  eleven
hundred  eleven-a  of  this chapter or in accordance with section eleven
hundred eleven-b of this chapter as added  by  section  sixteen  of  the
chapter  of the laws of two thousand nine which amended this subdivision
or contesting an allegation of liability in accordance with section  two
thousand  nine  hundred  eighty-five  of  the  public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of  nineteen hundred fifty OR CONTESTING AN
ALLEGATION OF  LIABILITY  IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-C OF THIS CHAPTER, as appropriate, or making an appearance within
thirty days of the sending of such notice. Pleas entered and allegations
contested  within  that  period shall be in the manner prescribed in the
notice and not subject to additional penalty  or  fee.  Such  notice  of
impending  default judgment shall not be required prior to the rendering
and entry thereof in the case of operators or owners who  are  non-resi-
dents  of  the state of New York. In no case shall a default judgment be
rendered or, where required, a notice of impending default  judgment  be
sent,  more  than  two years after the expiration of the time prescribed
for entering a plea or contesting  an  allegation.  When  a  person  has
demanded  a hearing, no fine or penalty shall be imposed for any reason,
prior to the holding of the hearing. If the hearing examiner shall  make
a  determination  on  the  charges,  sustaining them, he shall impose no
greater penalty or fine than those upon which the person was  originally
charged.
  S  20.  Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 13 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1. The hearing examiner shall make a  determination  on  the  charges,
either  sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine  either
the  prior  parking  violations  record  or  the  record  of liabilities
incurred in accordance with section  eleven  hundred  eleven-b  of  this

S. 6609--A                         91                         A. 9709--A

chapter  as  added  by section sixteen of the chapter of the laws of two
thousand nine which amended this subdivision of the person  charged,  OR
THE  RECORD  OF  LIABILITIES  INCURRED IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED  ELEVEN-C  OF  THIS  CHAPTER, as applicable prior to rendering a
final  determination.  Final  determinations  sustaining  or  dismissing
charges shall be entered on a final determination roll maintained by the
bureau  together  with  records showing payment and nonpayment of penal-
ties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  or  contest an allegation of liability in accordance
with section eleven hundred eleven-b of this chapter as added by section
sixteen of the chapter of the laws of two thousand  nine  which  amended
this  subdivision  OR  FAILS  TO  CONTEST  AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED  ELEVEN-C  OF  THIS  CHAPTER,  or
fails  to  appear  on  a designated hearing date or subsequent adjourned
date or fails after a hearing to comply  with  the  determination  of  a
hearing examiner, as prescribed by this article or by rule or regulation
of the bureau, such failure to plead, contest, appear or comply shall be
deemed, for all purposes, an admission of liability and shall be grounds
for  rendering  and entering a default judgment in an amount provided by
the rules and regulations of the bureau. However, after  the  expiration
of the original date prescribed for entering a plea and before a default
judgment  may be rendered, in such case the bureau shall pursuant to the
applicable provisions of law notify such operator or owner, by such form
of first class mail as the commission may direct; (1) of  the  violation
charged, or liability in accordance with section eleven hundred eleven-b
of  this chapter, as added by section sixteen of the chapter of the laws
of two thousand nine which amended this  subdivision,  OR  LIABILITY  IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER alleged,
(2)  of  the  impending default judgment, (3) that such judgment will be
entered in the Civil Court of the city in  which  the  bureau  has  been
established,  or  other  court  of civil jurisdiction or any other place
provided for the entry of civil judgments within the state of New  York,
and  (4)  that a default may be avoided by entering a plea or contesting
an allegation of liability in accordance  with  section  eleven  hundred
eleven-b  of  this chapter as added by section sixteen of the chapter of
the laws of  two  thousand  nine  which  amended  this  subdivision,  OR
CONTESTING  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-C OF THIS CHAPTER as appropriate, or making an appearance
within thirty days of the sending of  such  notice.  Pleas  entered  and
allegations  contested  within  that  period  shall  be  in  the  manner
prescribed in the notice and not subject to additional penalty  or  fee.
Such notice of impending default judgment shall not be required prior to
the  rendering  and entry thereof in the case of operators or owners who
are non-residents of the state of New York. In no case shall  a  default
judgment  be  rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of  the  time
prescribed  for  entering  a  plea  or  contesting an allegation. When a
person has demanded a hearing, no fine or penalty shall be  imposed  for
any reason, prior to the holding of the hearing. If the hearing examiner
shall  make  a  determination on the charges, sustaining them, he or she
shall impose no greater penalty or fine than those upon which the person
was originally charged.
  S 21. Subdivisions 1 and 2 of section 241 of the vehicle  and  traffic
law,  subdivision  1  as  added  by  chapter 715 of the laws of 1972 and

S. 6609--A                         92                         A. 9709--A

subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that  the  charges  have been sustained he may examine EITHER the
prior parking violations record of the person charged OR THE  RECORD  OF
LIABILITIES  INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C
OF THIS CHAPTER, AS APPLICABLE prior to rendering a final determination.
Final determinations sustaining or dismissing charges shall  be  entered
on  a  final  determination  roll maintained by the bureau together with
records showing payment and nonpayment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation,  OR  FAILS  TO CONTEST AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED  ELEVEN-C  OF  THIS  CHAPTER,  or
fails  to  appear  on  a designated hearing date or subsequent adjourned
date or fails after a hearing to comply  with  the  determination  of  a
hearing examiner, as prescribed by this article or by rule or regulation
of  the bureau, such failure to plead, appear or comply shall be deemed,
for all purposes, an admission of liability and  shall  be  grounds  for
rendering  and  entering a default judgment in an amount provided by the
rules and regulations of the bureau. However, after  the  expiration  of
the  original  date  prescribed for entering a plea and before a default
judgment may be rendered, in such case the bureau shall pursuant to  the
applicable provisions of law notify such operator or owner, by such form
of  first  class mail as the commission may direct; (1) of the violation
charged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  ELEVEN-C
OF  THIS  CHAPTER,  (2) of the impending default judgment, (3) that such
judgment will be entered in the Civil Court of the  city  in  which  the
bureau has been established, or other court of civil jurisdiction or any
other  place  provided for the entry of civil judgments within the state
of New York, and (4) that a default may be avoided by entering a plea OR
CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION  ELEVEN
HUNDRED  ELEVEN-C  OF THIS CHAPTER or making an appearance within thirty
days of the sending of such notice. Pleas  entered  within  that  period
shall be in the manner prescribed in the notice and not subject to addi-
tional  penalty  or fee. Such notice of impending default judgment shall
not be required prior to the rendering and entry thereof in the case  of
operators  or  owners who are non-residents of the state of New York. In
no case shall a default judgment  be  rendered  or,  where  required,  a
notice  of impending default judgment be sent, more than two years after
the expiration of the time prescribed for entering a plea. When a person
has demanded a hearing, no fine or penalty  shall  be  imposed  for  any
reason,  prior  to  the  holding of the hearing. If the hearing examiner
shall make a determination on the charges,  sustaining  them,  he  shall
impose  no  greater penalty or fine than those upon which the person was
originally charged.
  S 22. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as separately amended by sections 1 of chapters 19  and  23
and  sections  14 of chapters 20, 21, 22 and 383 of the laws of 2009, is
amended to read as follows:
  a. (i) If at the time of application for  a  registration  or  renewal
thereof  there  is  a  certification  from  a  court, parking violations
bureau, traffic and parking violations agency or administrative tribunal
of appropriate jurisdiction or administrative  tribunal  of  appropriate
jurisdiction  that the registrant or his or her representative failed to
appear on the return date or any subsequent adjourned date or failed  to

S. 6609--A                         93                         A. 9709--A

comply  with  the  rules  and  regulations of an administrative tribunal
following entry of a final decision in response to a total of  three  or
more summonses or other process in the aggregate, issued within an eigh-
teen  month  period,  charging  either  that: (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed  as  a
motor  vehicle for hire by the appropriate local authority, in violation
of any of the provisions of this chapter or of any law, ordinance,  rule
or  regulation  made  by  a  local authority; or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a of this  chap-
ter  or  section eleven hundred eleven-b of this chapter for a violation
of subdivision (d) of section eleven hundred eleven of this chapter;  OR
(III)  THE  REGISTRANT  WAS  LIABLE  IN  ACCORDANCE  WITH SECTION ELEVEN
HUNDRED ELEVEN-C OF THIS CHAPTER, the commissioner or his or  her  agent
shall  deny  the registration or renewal application until the applicant
provides proof from the court, traffic and parking violations agency  or
administrative  tribunal wherein the charges are pending that an appear-
ance or answer has been made or in the case of an administrative  tribu-
nal  that  he or she has complied with the rules and regulations of said
tribunal following entry of a final decision. Where  an  application  is
denied  pursuant  to  this  section, the commissioner may, in his or her
discretion, deny a registration or  renewal  application  to  any  other
person  for  the  same  vehicle  and  may deny a registration or renewal
application for any other motor vehicle registered in the  name  of  the
applicant  where  the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where  the
commissioner has reasonable grounds to believe that such registration or
renewal  will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as  the  summonses
remain  unanswered,  or  in  the case of an administrative tribunal, the
registrant fails to comply with  the  rules  and  regulations  following
entry of a final decision.
  (ii)  For purposes of this paragraph, the term "motor vehicle operated
for hire" shall mean and include a taxicab, livery, coach, limousine  or
tow truck.
  S 23. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic  law,  as separately amended by sections 2 of chapters 19 and 23
and sections 15 of chapters 20, 21, 22 and 383 of the laws of  2009,  is
amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  or  her  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry of a final decision in response to a
total of three or more summonses or  other  process  in  the  aggregate,
issued  within  an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor  vehi-
cle  was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for  hire  by  the  appropriate  local
authority,  in  violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by  a  local  authority;  or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b  of  this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this  chapter;  OR  (III)  THE  REGISTRANT  WAS
LIABLE  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAP-

S. 6609--A                         94                         A. 9709--A

TER, the commissioner or his or her agent shall deny the registration or
renewal application until the applicant provides proof from the court or
administrative tribunal wherein the charges are pending that an  appear-
ance  or answer has been made or in the case of an administrative tribu-
nal that he or she has complied with the rules and regulations  of  said
tribunal  following  entry  of a final decision. Where an application is
denied pursuant to this section, the commissioner may,  in  his  or  her
discretion,  deny  a  registration  or  renewal application to any other
person for the same vehicle and  may  deny  a  registration  or  renewal
application  for  any  other motor vehicle registered in the name of the
applicant where the commissioner has determined that  such  registrant's
intent  has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this  subdivi-
sion.  Such  denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of  an  administrative  tribunal,  the
registrant  fails  to  comply  with  the rules and regulations following
entry of a final decision.
  S 24. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as separately amended by chapters 339 and 592 of  the  laws
of 1987, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  OR  HER  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry  of  a final decision in response to
three or more summonses or other  process,  issued  within  an  eighteen
month  period,  charging  that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his OR HER agent without being licensed as a motor vehicle  for
hire  by  the  appropriate  local  authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or  regulation
made  by  a  local  authority OR THE REGISTRANT WAS LIABLE IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER,  the  commissioner
or  his  OR HER agent shall deny the registration or renewal application
until the applicant provides proof  from  the  court  or  administrative
tribunal  wherein  the  charges are pending that an appearance or answer
has been made or in the case of an administrative tribunal  that  he  OR
SHE has complied with the rules and regulations of said tribunal follow-
ing  entry  of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his OR HER discretion, deny  a
registration  or  renewal  application  to any other person for the same
vehicle and may deny a registration or renewal application for any other
motor vehicle registered in the name of the applicant where the  commis-
sioner  has  determined  that such registrant's intent has been to evade
the purposes of this subdivision and where the commissioner has  reason-
able  grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial  shall
only  remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails  to  comply
with the rules and regulations following entry of a final decision.
  S  25.  The vehicle and traffic law is amended by adding a new section
1111-c to read as follows:
  S 1111-C. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY  WITH  BUS
LANE  RESTRICTION  ENFORCED  BY A PHOTO DEVICE.  (A) NOTWITHSTANDING ANY

S. 6609--A                         95                         A. 9709--A

OTHER PROVISION OF LAW, EACH CITY WITH A POPULATION OF  ONE  MILLION  OR
MORE  IS  HEREBY  AUTHORIZED AND EMPOWERED TO ESTABLISH A BUS LANE PHOTO
DEVICE DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF
A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH ANY BUS LANE
RESTRICTION  IN  SUCH  CITY  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS
SECTION. THE DEPARTMENT OF TRANSPORTATION OF SUCH A CITY OR THE APPLICA-
BLE MASS TRANSIT AGENCY, FOR PURPOSES  OF  THE  IMPLEMENTATION  OF  SUCH
PROGRAM, SHALL OPERATE BUS LANE PHOTO DEVICES ALONG DESIGNATED BUS LANES
IN  SUCH  CITY. SUCH BUS LANE PHOTO DEVICES MAY BE STATIONARY, MOBILE OR
BUS-MOUNTED AND SHALL BE  ACTIVATED  AT  LOCATIONS  DETERMINED  BY  SUCH
DEPARTMENT OF TRANSPORTATION AND/OR ON BUSES SELECTED BY SUCH DEPARTMENT
OF TRANSPORTATION IN CONSULTATION WITH THE APPLICABLE MASS TRANSIT AGEN-
CY.
  (B)  ANY  MOBILE  BUS  LANE  PHOTO  DEVICE  MOUNTED  ON A BUS SHALL BE
DIRECTED OUTWARDLY FROM SUCH BUS TO CAPTURE IMAGES OF VEHICLES  OPERATED
IN  VIOLATION  OF  BUS  LANE RESTRICTIONS, AND IMAGES PRODUCED BY SUCH A
DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT
ORDER REQUIRING SUCH IMAGES TO BE PRODUCED. ANY IMAGE OR IMAGES CAPTURED
BY BUS LANE PHOTO DEVICES SHALL  BE  INADMISSIBLE  IN  ANY  DISCIPLINARY
PROCEEDING CONVENED BY THE APPLICABLE MASS TRANSIT AGENCY OR ANY SUBSID-
IARY  THEREOF  AND  ANY PROCEEDING INITIATED BY THE DEPARTMENT INVOLVING
LICENSURE PRIVILEGES OF BUS OPERATORS.
  (C) A CITY AUTHORIZED TO INSTALL BUS LANE PHOTO  DEVICES  PURSUANT  TO
THE  PROVISIONS  OF  THIS  SECTION  SHALL  ADOPT AND ENFORCE MEASURES TO
PROTECT THE PRIVACY OF DRIVERS, PASSENGERS,  PEDESTRIANS,  AND  CYCLISTS
WHOSE  IDENTITY OR IDENTIFYING INFORMATION MAY BE CAPTURED BY A BUS LANE
PHOTO DEVICE. SUCH MEASURES SHALL INCLUDE:
  1. UTILIZATION OF NECESSARY TECHNOLOGIES  TO  ENSURE,  TO  THE  EXTENT
PRACTICABLE,  THAT  SUCH BUS LANE PHOTO DEVICES SHALL NOT PRODUCE IMAGES
THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF  THE  VEHI-
CLE,  PROVIDED,  HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO
THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE AN IMAGE OR IMAGES  ALLOW
FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR CONTENTS OF THE
VEHICLE;
  2.  A  PROHIBITION  ON  THE  USE OR DISSEMINATION OF VEHICLES' LICENSE
PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY BUS  LANE
PHOTO  DEVICES  EXCEPT  AS  REQUIRED  TO  ESTABLISH LIABILITY UNDER THIS
SECTION OR COLLECT PAYMENT OF PENALTIES; OR TO RESPOND  TO  REQUESTS  BY
LAW  ENFORCEMENT OFFICIALS PERTAINING TO A SPECIFIC ACCIDENT OR SPECIFIC
INCIDENT OF ALLEGED CRIMINAL CONDUCT; OR EXCEPT AS OTHERWISE REQUIRED BY
LAW;
  3. THE INSTALLATION OF SIGNAGE ALONG BUS LANES STATING THAT  BUS  LANE
PHOTO DEVICES MAY BE IN USE TO ENFORCE RESTRICTIONS ON VEHICULAR TRAFFIC
IN BUS LANES; AND
  4.  OVERSIGHT  PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED
PRIVACY-PROTECTION MEASURES.
  (D) IN ANY CITY THAT HAS ESTABLISHED A BUS LANE  PHOTO  DEVICE  DEMON-
STRATION  PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER
OF A VEHICLE SHALL BE LIABLE FOR A  PENALTY  IMPOSED  PURSUANT  TO  THIS
SECTION  IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE
OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY BUS LANE RESTRICTION, AND
SUCH VIOLATION IS EVIDENCED BY INFORMATION  OBTAINED  FROM  A  BUS  LANE
PHOTO  DEVICE;  PROVIDED  HOWEVER  THAT  NO  OWNER OF A VEHICLE SHALL BE
LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR
OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION  OF  SUCH
BUS LANE RESTRICTION.

S. 6609--A                         96                         A. 9709--A

  (E) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL MEAN:
  1.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
  2. "BUS LANE PHOTO DEVICE" SHALL MEAN A  DEVICE  THAT  IS  CAPABLE  OF
OPERATING  INDEPENDENTLY  OF  AN ENFORCEMENT OFFICER AND PRODUCES ONE OR
MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF A BUS LANE
RESTRICTION.
  3. "BUS LANE RESTRICTION" SHALL MEAN ANY RESTRICTION  ON  THE  USE  OF
DESIGNATED TRAFFIC LANES BY VEHICLES OTHER THAN BUSES IMPOSED BY RULE OR
SIGNS  ERECTED BY THE DEPARTMENT OF TRANSPORTATION OF A CITY THAT ESTAB-
LISHES A BUS LANE PHOTO DEVICE DEMONSTRATION PROGRAM  PURSUANT  TO  THIS
SECTION  INCLUDING,  BUT NOT LIMITED TO, BUS LANE RESTRICTIONS SPECIFIED
IN SECTIONS 4-08(C)(3), 4-08(F)(4), 4-12(M), OR 4-12(R)(1)(II) OF  TITLE
34 OF THE RULES OF THE CITY OF NEW YORK.
  4.  "BUS LANE PHOTO DEVICE DEMONSTRATION PROGRAM" SHALL MEAN A PROGRAM
THAT OPERATES BUS LANE PHOTO DEVICES ON BUS  ROUTES  RECEIVING  ENHANCED
MARKINGS  AND/OR  SIGNAGE DESIGNATED BY THE DEPARTMENT OF TRANSPORTATION
OF A CITY THAT ESTABLISHES SUCH A DEMONSTRATION PROGRAM PURSUANT TO THIS
SECTION.  BUS LANE PHOTO DEVICES SHALL BE OPERATED AT THE SAME  TIME  ON
NO MORE THAN FIFTY MILES OF BUS LANES WITHIN SUCH CITY.
  (F)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY IN WHICH THE  CHARGED  VIOLATION  OCCURRED  OR  ITS  VENDOR  OR
CONTRACTOR  OR THE APPLICABLE MASS TRANSIT AGENCY, OR A FACSIMILE THERE-
OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY A BUS  LANE  PHOTO  DEVICE,  SHALL  BE
PRIMA  FACIE  EVIDENCE  OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING  SUCH  A
VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI-
CATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION.
  (G)  AN OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION IMPOSED
PURSUANT TO A BUS LANE  PHOTO  DEVICE  DEMONSTRATION  PROGRAM  SHALL  BE
LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND
PENALTIES  PROMULGATED  BY  THE  PARKING VIOLATIONS BUREAU OF SUCH CITY;
PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING  A  BUS  LANE
RESTRICTION  SHALL  NOT  EXCEED  ONE  HUNDRED FIFTEEN DOLLARS; PROVIDED,
FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT  TO
EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND
TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  (H)  AN  IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE  MADE  PART  OF  THE
OPERATING  RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR  VEHI-
CLE INSURANCE COVERAGE.
  (I) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON  ALLEGED  TO  BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE
RESTRICTION.  PERSONAL DELIVERY ON THE OWNER SHALL NOT  BE  REQUIRED.  A
MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF
BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF  A  BUS  LANE
RESTRICTION,  THE  REGISTRATION  NUMBER  OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE,  THE  DATE  AND
TIME  OF  SUCH  VIOLATION  AND THE IDENTIFICATION NUMBER OF THE BUS LANE
PHOTO DEVICE WHICH RECORDED THE  VIOLATION  OR  OTHER  DOCUMENT  LOCATOR
NUMBER.

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  3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE  TO  CONTEST
IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE  AGENCY
OR AGENCIES DESIGNATED BY SUCH CITY.
  (J)  IF  AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
TO THIS SECTION FOR ANY  TIME  PERIOD  DURING  WHICH  SUCH  VEHICLE  WAS
REPORTED  TO  THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A  VIOLATION  OF  A  BUS
LANE  RESTRICTION  THAT  THE  VEHICLE HAD BEEN REPORTED TO THE POLICE AS
STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN  RECOV-
ERED  BY  SUCH  TIME.  FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY
THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT AN ORIGINAL  INCIDENT  FORM
ISSUED  BY  THE POLICE ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL
TO THE PARKING VIOLATIONS BUREAU OF SUCH CITY.
  (K) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE  TO  WHICH  A  NOTICE  OF
LIABILITY  WAS  ISSUED PURSUANT TO SUBDIVISION (I) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF  A  BUS  LANE  RESTRICTION,  PROVIDED
THAT:
  (I)  PRIOR  TO  THE  VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION  TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
  (II)  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY,  THE  LESSOR  SUBMITS  TO
SUCH  BUREAU  THE  CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE  TIME  OF  SUCH  VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE  OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE  OF  THIS
SUBDIVISION  SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
  3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH  ONE  OF
THIS  SUBDIVISION,  THE  LESSEE  OF  SUCH  VEHICLE  ON  THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT  TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION (I) OF THIS SECTION.
  (L) IF THE OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION  WAS
NOT  THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER
MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  (M) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF A BUS LANE RESTRICTION.
  (N) ANY CITY THAT ADOPTS A BUS LANE PHOTO DEVICE DEMONSTRATION PROGRAM
PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL SUBMIT A REPORT ON THE
RESULTS OF THE USE OF BUS LANE PHOTO DEVICES TO THE GOVERNOR, THE TEMPO-
RARY  PRESIDENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY APRIL
FIRST, TWO THOUSAND FOURTEEN. SUCH REPORT  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED TO:
  1.  A  DESCRIPTION  OF THE LOCATIONS AND/OR BUSES WHERE BUS LANE PHOTO
DEVICES WERE USED;

S. 6609--A                         98                         A. 9709--A

  2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON  A  MONTHLY  AND  ANNUAL
BASIS;
  3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
  4.  THE  NUMBER  OF  FINES  AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY;
  5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS  OF  SUCH  ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY;
  7.  A  REVIEW  OF  THE  QUALITY  OF  THE  ADJUDICATION PROCESS AND ITS
RESULTS; AND
  8. AN ANALYSIS OF BUS SERVICE  IMPROVEMENTS  RESULTING  FROM  ENHANCED
ENFORCEMENT OF BUS LANE RESTRICTIONS.
  S  26.  The  opening  paragraph  and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as  separately  amended  by
sections  4 of chapters 19 and 23 and sections 17 of chapters 20, 21, 22
and 383 of the laws of 2009, are amended to read as follows:
  Whenever proceedings in an administrative tribunal or a court of  this
state  result  in  a  conviction  for an offense under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, or  parking  or  violations  by
pedestrians or bicyclists, or other than an adjudication of liability of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-a  of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  section  eleven hundred
eleven-b of this chapter, OR OTHER THAN AN  ADJUDICATION  IN  ACCORDANCE
WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-C OF THIS CHAPTER, there shall be
levied a crime victim assistance fee and a mandatory surcharge, in addi-
tion to any sentence required or permitted by law,  in  accordance  with
the following schedule:
  (c)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for  an  offense  under  this  chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter,  or  a  traffic  infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to  this  chapter,  other
than  a  traffic  infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
liability of an owner for a violation  of  subdivision  (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, or other than an  infraction  pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity  of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public  authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty OR OTHER THAN
AN  ADJUDICATION  IN  ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF
THIS CHAPTER, there shall be levied a crime victim assistance fee in the
amount of five dollars and a mandatory surcharge,  in  addition  to  any
sentence  required  or  permitted  by  law,  in the amount of fifty-five
dollars.

S. 6609--A                         99                         A. 9709--A

  S 27. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by sections 5 of chapters 19 and 23 and  sections  18
of  chapters  20, 21, 22 and 383 of the laws of 2009, is amended to read
as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter,  other  than  a  traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment  or violations by pedestrians or bicyclists, or other than an adju-
dication of liability of an owner for a violation of subdivision (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred  eleven-a of this chapter, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter,  OR  OTHER  THAN  AN  ADJUDICATION  IN
ACCORDANCE  WITH  SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, there
shall be levied a mandatory  surcharge,  in  addition  to  any  sentence
required or permitted by law, in the amount of twenty-five dollars.
  S 28. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately  amended  by chapter 16 of the laws of 1983 and chapter 62 of
the laws of 1989, is amended to read as follows:
  1. Whenever proceedings in an administrative tribunal or  a  court  of
this  state  result  in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than  a  traffic  infraction
involving  standing,  stopping,  parking  or  motor vehicle equipment or
violations by pedestrians or bicyclists, OR OTHER THAN  AN  ADJUDICATION
IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED ELEVEN-C OF THIS CHAPTER,
there shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
  S 29. Subdivision 2 of section  87  of  the  public  officers  law  is
amended by adding a new paragraph (l) to read as follows:
  (L)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE PREPARED UNDER  AUTHORITY  OF
SECTION ELEVEN HUNDRED ELEVEN-C OF THE VEHICLE AND TRAFFIC LAW.
  S  30. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  31.  This act shall take effect on the thirtieth day after it shall
have become a law and shall expire 7 years  after  such  effective  date
when upon such date the provisions of this act shall be deemed repealed;
and provided that any rules and regulations related to this act shall be
promulgated  within  one  hundred  eighty  days  of such effective date,
provided that:
  (a) the amendments to subdivision 1 of section 235 of the vehicle  and
traffic  law  made  by  section  one of this act shall be subject to the
expiration and reversion of such section pursuant to subdivision (p)  of
section  406  of  chapter 166 of the laws of 1991, as amended, when upon
such date the provisions of section two of this act shall take effect;

S. 6609--A                         100                        A. 9709--A

  (b) the amendments to section 235 of the vehicle and traffic law  made
by section two of this act shall be subject to the expiration and rever-
sion  of  such section pursuant to section 17 of chapter 746 of the laws
of 1988, as amended, when upon such date the provisions of section three
of this act shall take effect;
  (c)  the amendments to section 235 of the vehicle and traffic law made
by section three of this act shall be  subject  to  the  expiration  and
reversion  of  such section pursuant to section 18 of chapter 379 of the
laws of 1972, as amended, when upon such date the provisions of  section
four of this act shall take effect;
  (d)  the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section five of this act shall  be  subject  to  the
expiration  and  reversion of such subdivision pursuant to section 17 of
chapter 746 of the laws of 1988, as amended, when  upon  such  date  the
provisions of section six of this act shall take effect;
  (e)  the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section six of this act  shall  be  subject  to  the
expiration  and  reversion  of such subdivision pursuant to chapters 20,
21, 22 and 383 of the laws of 2009, as amended, when upon such date  the
provisions of section seven of this act shall take effect;
  (f)  the  amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section nine of this  act  shall  be
subject  to  the  expiration and reversion of such paragraph pursuant to
section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
such date the provisions of section ten of this act shall take effect;
  (g)  the  amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section ten of  this  act  shall  be
subject  to  the  expiration and reversion of such paragraph pursuant to
chapters 20, 21, 22 and 383 of the laws of 2009, as amended,  when  upon
such  date  the  provisions  of  section  eleven  of this act shall take
effect;
  (h) the amendments to subdivision 4 of section 239 of the vehicle  and
traffic  law  made  by  section  twelve of this act shall not affect the
repeal of such subdivision and shall be deemed repealed therewith;
  (i) the amendments to subdivisions 1 and 1-a of  section  240  of  the
vehicle  and  traffic  law made by section thirteen of this act shall be
subject to the expiration and reversion of such subdivisions pursuant to
section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
such  date  the  provisions  of  section fourteen of this act shall take
effect;
  (j) the amendments to subdivisions 1 and 1-a of  section  240  of  the
vehicle  and  traffic  law made by section fourteen of this act shall be
subject to the expiration and reversion of such subdivisions pursuant to
chapters 20, 21, 22 and 383 of the laws of 2009, as amended,  when  upon
such  date  the  provisions  of  section  fifteen of this act shall take
effect;
  (k) the amendments to paragraphs a and g of subdivision 2  of  section
240  of  the vehicle and traffic law made by section sixteen of this act
shall be subject to the expiration  and  reversion  of  such  paragraphs
pursuant  to  section 17 of chapter 746 of the laws of 1988, as amended,
when upon such date the provisions of  section  seventeen  of  this  act
shall take effect;
  (l)  the  amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section seventeen of this act
shall be subject to the expiration  and  reversion  of  such  paragraphs
pursuant to chapters 20, 21, 22 and 383 of the laws of 2009, as amended,

S. 6609--A                         101                        A. 9709--A

when upon such date the provisions of section eighteen of this act shall
take effect;
  (m) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle  and  traffic  law  made  by  section  nineteen of this act shall be
subject to the expiration and reversion of such subdivisions pursuant to
section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
such  date  the  provisions  of  section  twenty  of this act shall take
effect;
  (n) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section twenty of this act shall be  subject
to  the  expiration and reversion of such subdivisions pursuant to chap-
ters 20, 21, 22 and 383 of the laws of 2009, as amended, when upon  such
date the provisions of section twenty-one of this act shall take effect;
  (o) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section twenty-two of this act shall
be subject to the expiration and reversion of such paragraph pursuant to
section  17  of  chapter  746 of the laws of 1988, as amended, when upon
such date the provisions of section twenty-three of this act shall  take
effect;
  (p) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle  and  traffic  law made by section twenty-three of this act
shall be subject to the  expiration  and  reversion  of  such  paragraph
pursuant  to chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009, as
amended, when upon such date the provisions of  section  twenty-four  of
this act shall take effect;
  (q)  the  amendments  to  the  opening  paragraph and paragraph (c) of
subdivision 1 of section 1809 of the vehicle and  traffic  law  made  by
section  twenty-six  of  this act shall be subject to the expiration and
reversion of such paragraphs pursuant to section 10 of chapter 19 of the
laws of 2009, sections 24 of chapters 20 and 383 of the  laws  of  2009,
sections  22  of chapters 21 and 22 of the laws of 2009 and section 9 of
chapter 23 of the laws of 2009, as amended,  when  upon  such  date  the
provisions of section twenty-seven of this act shall take effect; and
  (r) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section twenty-seven of this act shall be subject to
the  expiration and reversion of such subdivision pursuant to section 17
of chapter 746 of the laws of 1988, section 10 of chapter 19 of the laws
of 2009, sections 24 of chapters  20  and  383  of  the  laws  of  2009,
sections  22  of  chapters  21  and 22 of the laws of 2009, section 9 of
chapter 23 of the laws of 2009, as amended,  when  upon  such  date  the
provisions of section twenty-eight of this act shall take effect.

                                 PART JJ

  Section  1. Transfer of assets and liabilities. All assets and liabil-
ities of the Genesee valley regional market authority, including but not
limited to, title to all of the property, real  and  personal,  wherever
located, held by, on behalf of, or for the benefit of the Genesee valley
regional  market  authority  shall, upon the effective date of this act,
vest within the New York  state  urban  development  corporation.    All
accounts,  money,  obligations,  contracts, agreements, causes of action
and any other thing of value, wherever located, held by, on behalf of or
for the benefit of, the Genesee valley regional market authority  shall,
upon  the effective date of this act, be deemed property of the New York
state urban development corporation and title shall vest within the  New
York  state urban development corporation.  The chairman of the New York

S. 6609--A                         102                        A. 9709--A

state urban development corporation shall consult with the  commissioner
of  agriculture  and  markets  in matters relating to the management and
disposition of the assets and liabilities of the Genesee valley regional
market  authority.  At the request of the director of the budget, moneys
associated with the dissolution of the Genesee  valley  regional  market
authority,  or moneys obtained from the sale of assets formerly owned by
the Genesee valley regional market authority, shall  be  transferred  to
the general fund.
  S 2. Transfer of records. All books, papers and records of the Genesee
valley  regional market authority are hereby transferred and assigned to
the New York state urban development corporation.
  S 3. Completion of unfinished business. Any business or  other  matter
undertaken  or commenced by the Genesee valley regional market authority
and pending on the effective date of  this  act  may  be  conducted  and
completed  by  the  New  York state urban development corporation in the
same manner and with the same effect as  if  conducted  by  the  Genesee
valley regional market authority.
  S  4. Continuity of authority. All functions, powers, duties and obli-
gations of the Genesee  valley  regional  market  authority  are  hereby
transferred  and assigned to, devolved upon and assumed by, the New York
state urban development corporation.
  S 5. Terms occurring in contracts and documents. Whenever the  Genesee
valley   regional  market  authority  is  referenced  or  designated  in
contracts or documents, the New York state urban development corporation
or the chairman of the New York state urban development corporation,  as
appropriate, shall be substituted.
  S 6. Existing rights and remedies provided. No existing right or reme-
dy  of  any  character  shall be lost, impaired or affected by reason of
this act.
  S 7. Pending actions and proceedings. No  action  pending  as  of  the
effective  date  of  this  act  brought by or against the Genesee valley
regional market authority shall be affected by  any  provision  of  this
act,  but  the  same  may  be  prosecuted or defended in the name of the
chairman of the New York state urban development corporation or the  New
York state urban development corporation, as appropriate, and the proper
party shall, upon application to the court, be substituted as a party.
  S  8.  Continuation  of rules and regulations. All rules, regulations,
acts, determinations and decisions of the Genesee valley regional market
authority pertaining to the functions transferred and assigned  by  this
act,  in  force  at the time of such transfer, assignment, assumption or
devolution shall continue in force and  effect  as  rules,  regulations,
acts, determinations and decisions of the chairman of the New York state
urban  development  corporation in accordance with the context therefor,
until amended or repealed by the chairman of the New  York  state  urban
development corporation.
  S 9. The New York state urban development corporation may continue the
employment  of  such  employees  of  the  Genesee valley regional market
authority as the corporation deems necessary.
  S 10. Title 4 of article 4 of the public authorities law is REPEALED.
  S 11. This act shall take effect immediately.

                                 PART KK

  Section 1. Notwithstanding subsection  (k)  of  section  4327  of  the
insurance  law or any other provision of law to the contrary, the super-
intendent of insurance may continue enrollment in the Healthy  New  York

S. 6609--A                         103                        A. 9709--A

program  if  such superintendent determines that continued enrollment is
necessary to meet the needs of the public.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed on and after March 31, 2011.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through KK of this act shall be
as specifically set forth in the last section of such Parts.

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

    S. 6609--B                                            A. 9709--C

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

                            January 19, 2010
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT Intentionally omitted (Part A); Intentionally omitted  (Part  B);
  to amend the environmental conservation law, in relation to the diesel
  emissions  reduction  act (Part C); Intentionally omitted (Part D); to
  amend chapter 279 of the laws of 1998 amending the transportation  law
  relating to enabling the commissioner of transportation to establish a
  single  audit  pilot program, in relation to extending such provisions
  (Part E); Intentionally omitted (Part F); Intentionally omitted  (Part
  G);  Intentionally  omitted  (Part H); Intentionally omitted (Part I);
  Intentionally omitted (Part J); to amend the vehicle and traffic  law,
  in  relation  to the mailing of suspension and revocation orders (Part
  K); Intentionally omitted (Part L); to amend chapter 57 of the laws of
  2005 amending the labor law and  other  laws  implementing  the  state
  fiscal  plan for the 2005-2006 state fiscal year, relating to New York
  state  higher  education  matching  grant  program   for   independent
  colleges,  in relation to the effectiveness thereof (Part M); to amend
  the New York state urban development corporation act, in  relation  to
  creating  a small business revolving loan fund (Part N); Intentionally
  omitted (Part O); to amend chapter 393 of the laws  of  1994  amending
  the  New  York state urban development corporation act relating to the
  powers of the New York state urban  development  corporation  to  make
  loans,  in  relation  to  the  effectiveness  thereof (Part P); Inten-
  tionally omitted (Part Q);  Intentionally  omitted  (Part  R);  Inten-
  tionally  omitted  (Part S); to amend the agriculture and markets law,
  the general municipal law, the administrative code of the city of  New

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12673-07-0

S. 6609--B                          2                         A. 9709--C

  York  and  chapter  115  of  the  laws  of 1894 relating to the better
  protection of lost and strayed animals and for securing the rights  of
  owners thereof, in relation to animal population control; to amend the
  state  finance law, in relation to the animal population control fund;
  and to repeal certain provisions of the agriculture  and  markets  law
  relating  to animal population control (Part T); Intentionally omitted
  (Part U); to authorize the department of  health  to  finance  certain
  activities  with  revenues generated from an assessment on cable tele-
  vision companies (Part V);  Intentionally  omitted  (Part  W);  Inten-
  tionally  omitted (Part X); to amend the executive law, in relation to
  the community services block grant program and to amend chapter 728 of
  the laws of 1982 and chapter 710 of the  laws  of  1983  amending  the
  executive  law relating to the community services block grant program,
  in relation to extending such program for one year  (Part  Y);  Inten-
  tionally omitted (Part Z); Intentionally omitted (Part AA); to author-
  ize  and  direct  the  New  York State energy research and development
  authority to make a payment to the general  fund  of  up  to  $913,000
  (Part  BB); to authorize the New York state energy research and devel-
  opment authority to finance a portion of its research, development and
  demonstration and policy and planning programs from assessments on gas
  and electric  corporations  (Part  CC);  to  amend  the  environmental
  conservation  law and the state finance law, in relation to waste tire
  management and recycling fees (Part DD); Intentionally  omitted  (Part
  EE); Intentionally omitted (Part FF); Intentionally omitted (Part GG);
  Intentionally  omitted (Part HH); to amend the vehicle and traffic law
  and the public officers law, in relation to establishing a  bus  rapid
  transit  demonstration  program  to  restrict  the use of bus lanes by
  means of bus lane photo devices; and providing for the repeal of  such
  provisions  upon  expiration  thereof  (Part  II); to amend the public
  authorities law, in relation to the purposes and powers of the Genesee
  Valley Regional Market  Authority  (Part  JJ);  Intentionally  omitted
  (Part  KK);  relating to shared service initiatives of the division of
  the lottery and the racing and wagering board (Part LL); to amend  the
  economic  development law and the tax law, in relation to creating the
  excelsior jobs program (Part MM); to amend the public authorities law,
  in relation to the amount of bonds, notes or other obligations  issued
  by  the  metropolitan  transportation authority, the Triborough bridge
  and tunnel authority and the New York  city  transit  authority  (Part
  NN);  and to amend the legislative law, in relation to critical trans-
  portation choices for the state (Part OO)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2010-2011
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through OO. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

S. 6609--B                          3                         A. 9709--C

                                 PART A

  Intentionally omitted.

                                 PART B

  Intentionally omitted.

                                 PART C

  Section  1. Subdivisions 5, 6 and 7 of section 19-0323 of the environ-
mental conservation law are renumbered subdivisions 6, 7 and 8 and a new
subdivision 5 is added to read as follows:
  5. IN ADDITION TO ANY WAIVER WHICH MAY BE ISSUED PURSUANT TO  SUBDIVI-
SION  FOUR  OF  THIS  SECTION,  THE DEPARTMENT SHALL ISSUE A WAIVER TO A
STATE AGENCY, A STATE OR REGIONAL PUBLIC AUTHORITY, OR A PERSON  OPERAT-
ING  ANY  DIESEL-POWERED HEAVY DUTY VEHICLE ON BEHALF OF A STATE AGENCY,
STATE OR REGIONAL PUBLIC AUTHORITY, UPON A REQUEST IN A FORM  ACCEPTABLE
TO  THE DEPARTMENT FOR A WAIVER FROM THE PROVISIONS OF SUBDIVISION THREE
OF THIS SECTION FOR A VEHICLE ENGINE PROVIDED THAT SUCH  VEHICLE  ENGINE
WILL  CEASE  TO BE USED IN THE STATE ON OR BEFORE DECEMBER THIRTY-FIRST,
TWO THOUSAND THIRTEEN. ANY WAIVER ISSUED PURSUANT  TO  THIS  SUBDIVISION
SHALL  EXPIRE WHEN A STATE AGENCY, A STATE OR REGIONAL PUBLIC AUTHORITY,
OR A PERSON OPERATING ANY DIESEL-POWERED HEAVY DUTY VEHICLE ON BEHALF OF
A STATE AGENCY, STATE OR REGIONAL PUBLIC AUTHORITY  CEASES  TO  USE  THE
ENGINE  IN THE STATE BUT NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOU-
SAND THIRTEEN.
  S 2. This act shall take effect immediately.

                                 PART D

  Intentionally omitted.

                                 PART E

  Section 1. Section 2 of chapter 279 of the laws of 1998, amending  the
transportation  law relating to enabling the commissioner of transporta-
tion to establish a single audit pilot program, as amended by section  1
of  part  A  of  chapter  59  of the laws of 2009, is amended to read as
follows:
  S 2. This act shall take effect on December 31, 1998, except that  the
commissioner  of  transportation is immediately authorized to promulgate
rules and regulations necessary for the implementation of this  act  and
shall expire December 31, [2010] 2011 when upon such date the provisions
of this act shall be deemed repealed.
  S 2. This act shall take effect immediately.

                                 PART F

  Intentionally omitted.

                                 PART G

  Intentionally omitted.

                                 PART H

S. 6609--B                          4                         A. 9709--C

  Intentionally omitted.

                                 PART I

  Intentionally omitted.

                                 PART J

  Intentionally omitted.

                                 PART K

  Section  1.  Section 214 of the vehicle and traffic law, as amended by
chapter 568 of the laws of 1994, is amended to read as follows:
  S 214. Proof of mailing of notice or order. The production of  a  copy
of  a  notice  or order issued by the department, together with an elec-
tronically-generated record of entry of such order or  notice  upon  the
appropriate  driver's license or registration file of the department and
an affidavit by an employee designated by  the  commissioner  as  having
responsibility  for  the  issuance of such order or notice issued by the
department setting forth the procedure for the issuance and the  mailing
of  such  notice or order AT THE ADDRESS OF SUCH PERSON ON FILE WITH THE
DEPARTMENT OR AT THE CURRENT  ADDRESS  PROVIDED  BY  THE  UNITED  STATES
POSTAL SERVICE shall be presumptive evidence that such notice of suspen-
sion,  revocation  or  order  was produced and mailed in accordance with
such procedures. The foregoing procedure shall not preclude the  use  of
an  affidavit  of  service by mail, a certificate of mailing or proof of
certified or registered mail as proof of mailing of any  such  order  or
notice.
  S  2. Paragraph (b) of subdivision 3 of section 226 of the vehicle and
traffic law, as added by chapter 607 of the laws of 1993, is amended  to
read as follows:
  (b) Failure to answer or appear in accordance with the requirements of
this  section  and any regulations promulgated hereunder shall be deemed
an admission to the violation as charged, and an appropriate  order  may
be  entered  in the department's records, and a fine consistent with the
provisions of this chapter and regulations of the  commissioner  may  be
imposed  by  the  commissioner or person designated by the commissioner.
Prior to entry of an order and imposition of a  fine,  the  commissioner
shall  notify  such person by mail at the address of such person on file
with the department OR AT THE CURRENT ADDRESS  PROVIDED  BY  THE  UNITED
STATES POSTAL SERVICE in accordance with section two hundred fourteen of
this  chapter: (i) of the violation charged; (ii) of the impending entry
of such order and fine; (iii) that such order and fine may be filed as a
judgment with the county clerk of the county in which  the  operator  or
registrant  is located; and (iv) that entry of such order and imposition
of such fine may be avoided by entering a plea or making  an  appearance
within  thirty days of the sending of such notice. In no case shall such
an order and fine be entered and imposed more than two years  after  the
date  of the alleged violation. Upon application in such manner and form
as the commissioner shall prescribe an order and fine shall  be  vacated
upon the ground of excusable default.
  S  3.  Paragraph  b of subdivision 4 of section 227 of the vehicle and
traffic law, as amended by chapter 221 of the laws of 1985, such  subdi-
vision  as  renumbered by chapter 288 of the laws of 1989, is amended to
read as follows:

S. 6609--B                          5                         A. 9709--C

  b. Unpaid fines may be recovered by the commissioner in a civil action
in the name of the commissioner. In addition, as an alternative to  such
civil  action,  and provided that no appeal is pending, the commissioner
may file with the county clerk of the county in which the person resides
a  final  order of the commissioner containing the amount of the fine or
fines. The filing of such final order shall  have  the  full  force  and
effect  of  a judgment duly docketed in the office of such clerk and may
be enforced in the same manner and with the same effect as that provided
by law in respect to execution issued against property upon judgments of
a court of record. No such civil action shall  be  commenced  nor  shall
such  final  order be filed until at least thirty days after the depart-
ment has posted by ordinary mail to the person at the  address  of  such
person on file with the department OR AT THE CURRENT ADDRESS PROVIDED BY
THE  UNITED  STATES  POSTAL SERVICE notice of the amount of such fine or
fines and that such fine or fines are due and owing.
  S 4. Subdivision 6 of section 318 of the vehicle and  traffic  law  is
amended to read as follows:
  6.  Notice  of revocation pursuant to this section may be given to the
owner of a vehicle registered in this state or to a driver  licensed  in
this state, by mailing the same to such owner or licensee at the address
contained  in  the  certificate of registration for the vehicle owned by
such person or to the address contained  [in]  ON  his  OR  HER  driving
license  OR  TO THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES POSTAL
SERVICE.
  S 5. Subdivision 7 of section 510 of the vehicle and traffic  law,  as
amended  by  chapter  606  of  the  laws  of 1993, is amended to read as
follows:
  7. Miscellaneous provisions. Except as  expressly  provided,  a  court
conviction shall not be necessary to sustain a revocation or suspension.
Revocation or suspension hereunder shall be deemed an administrative act
reviewable by the supreme court as such. Notice of revocation or suspen-
sion, as well as any required notice of hearing, where the holder is not
present,  may  be  given by mailing the same in writing to him OR HER at
the address contained in his OR HER license [or], certificate of  regis-
tration  OR  AT THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES POSTAL
SERVICE, as the case may be. Proof of such mailing by certified mail  to
the  holder  shall  be  presumptive evidence of the holder's receipt and
actual  knowledge  of  such  notice.  Attendance  of  witnesses  may  be
compelled  by  subpoena.  Failure  of  the  holder  or  any other person
possessing the license card or number plates, to deliver the same to the
suspending or revoking officer is a misdemeanor. Suspending or  revoking
officers shall place such license cards and number plates in the custody
of  the  commissioner  except  where  the  commissioner  shall otherwise
direct. If any person shall fail to deliver a  license  card  or  number
plates as provided herein, any police officer, bridge and tunnel officer
of  the  Triborough bridge and tunnel authority, or agent of the commis-
sioner having knowledge of such facts shall have  the  power  to  secure
possession  thereof  and  return  the  same to the commissioner, and the
commissioner may forthwith direct any police officer, bridge and  tunnel
officer  of  the Triborough bridge and tunnel authority, acting pursuant
to his OR HER special duties, or agent of  the  commissioner  to  secure
possession  thereof  and to return the same to the commissioner. Failure
of the holder or of any person possessing the  license  card  or  number
plates  to  deliver  to any police officer, bridge and tunnel officer of
the Triborough bridge and tunnel authority, or agent of the commissioner
who requests the same pursuant to this subdivision shall be a  misdemea-

S. 6609--B                          6                         A. 9709--C

nor.   Notice of revocation or suspension of any license or registration
shall be transmitted forthwith by the commissioner [of  motor  vehicles]
to the chief of police of the city or prosecuting officer of the locali-
ty  in  which  the  person  whose  license or registration so revoked or
suspended resides. In case any  license  or  registration  shall  expire
before the end of any period for which it has been revoked or suspended,
and before it shall have been restored as provided in this chapter, then
and  in  that event any renewal thereof may be withheld until the end of
such period of suspension or until restoration, as the case may be.
  The revocation of a learner's permit shall  automatically  cancel  the
application for a license of the holder of such permit.
  No suspension or revocation of a license or registration shall be made
because  of a judgment of conviction if the suspending or revoking offi-
cer is satisfied that the magistrate who pronounced the judgment  failed
to comply with subdivision one of section eighteen hundred seven of this
chapter.  In  case  a  suspension  or  revocation  has been made and the
commissioner is satisfied that there was such failure, [he] THE  COMMIS-
SIONER shall restore the license or registration or both as the case may
be.
  S 6. This act shall take effect immediately.

                                 PART L

  Intentionally omitted.

                                 PART M

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for  independent  colleges,  as added by section 1 of part D of
chapter 63 of the laws of 2005, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2010] 2011, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
effect the power and authority of the dormitory authority to perform its
obligations  with  respect  to  any  bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.
  S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  New York state higher education matching grant program for independ-
ent colleges, as added by section 1 of part D of chapter 63 of the  laws
of 2005, is amended to read as follows:
  (h)  If  a college [does] DID not apply for a POTENTIAL grant by March
31, 2009, funds associated with such potential grant shall  be  awarded,
on  a  competitive basis, to other colleges, ACCORDING TO THE PRIORITIES
SET FORTH BELOW. Colleges shall be  eligible  to  apply  for  unutilized
grants.    IN  SUCH  CASES, THE FOLLOWING PRIORITIES SHALL APPLY: FIRST,

S. 6609--B                          7                         A. 9709--C

PRIORITY SHALL BE GIVEN TO OTHERWISE ELIGIBLE COLLEGES THAT EITHER WERE,
OR WOULD HAVE BEEN, DEEMED INELIGIBLE FOR THE PROGRAM PRIOR TO MARCH 31,
2009, DUE TO MISSED DEADLINES,  INSUFFICIENT  MATCHING  FUNDS,  LACK  OF
ACCREDITATION  OR  OTHER  DISQUALIFYING  REASONS;  AND SECOND, AFTER THE
BOARD HAS ACTED UPON ALL SUCH  FIRST-PRIORITY  APPLICATIONS  FOR  UNUSED
FUNDS,  IF  ANY  SUCH  FUNDS  REMAIN, THOSE FUNDS SHALL BE AVAILABLE FOR
DISTRIBUTION TO ELIGIBLE COLLEGES  THAT  ARE  LOCATED  WITHIN  THE  SAME
REGENTS  OF  THE  STATE  OF  NEW  YORK  REGION FOR WHICH SUCH FUNDS WERE
ORIGINALLY ALLOCATED. The dormitory authority shall  develop  a  request
for  proposals  and application process, in consultation with the board,
for such grants and shall develop criteria, subject  to  review  by  the
board,  for the awarding of such grants. Such criteria shall incorporate
the matching criteria contained in paragraph (c)  of  this  subdivision,
and the application criteria set forth in paragraph (e) of this subdivi-
sion. The dormitory authority shall require all applications in response
to  the  request  for  proposals  to be submitted by September 1, [2009]
2010, and the board shall act on  each  application  for  such  matching
grants by November 1, [2009] 2010.
  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law  and other laws implementing the state fiscal plan for the 2005-2006
state fiscal year, relating to New York state higher education  matching
grant  program for independent colleges, as added by section 1 of part D
of chapter 63 of the laws of 2005, is amended to read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59  of  the  laws  of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er  education  capital  matching  grants,  the director of the budget is
authorized in any state fiscal year commencing  April  1,  2005  or  any
state  fiscal  year  thereafter  for a period ending on March 31, [2010]
2011, to enter into one or more service contracts, none of  which  shall
exceed  30  years  in  duration, with the dormitory authority, upon such
terms as the director of the budget and the dormitory authority agree.
  S 4. Paragraph (b) of subdivision 7 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  New York state higher education matching grant program for independ-
ent colleges, as added by section 1 of part D of chapter 63 of the  laws
of 2005, is amended to read as follows:
  (b)  Any eligible institution receiving a grant pursuant to this arti-
cle shall report to the dormitory authority no later than June 1, [2008]
2011, on the use of funding received and its programmatic  and  economic
impact.  The  dormitory  authority  shall  submit a report no later than
November 1, [2008] 2011 to the board, the governor, the director of  the
budget,  the  temporary  president of the senate, and the speaker of the
assembly on the aggregate impact of the higher education capital  match-
ing grant program. Such report shall provide information on the progress
and economic impact of [each] SUCH project.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART N

S. 6609--B                          8                         A. 9709--C

  Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
the  New  York  state  urban  development corporation act, is amended by
adding a new section 16-t to read as follows:
  S  16-T.  SMALL  BUSINESS  REVOLVING  LOAN FUND. 1. THE SMALL BUSINESS
REVOLVING LOAN FUND  PROGRAM  IS  HEREBY  CREATED.  THE  CORPORATION  IS
AUTHORIZED,  WITHIN  AVAILABLE  APPROPRIATIONS,  TO PROVIDE LOW INTEREST
LOANS TO COMMUNITY  DEVELOPMENT  FINANCIAL  INSTITUTIONS,  IN  ORDER  TO
PROVIDE  FUNDING  FOR  THOSE LENDING ORGANIZATIONS' LOANS TO SMALL BUSI-
NESSES, LOCATED WITHIN NEW YORK STATE, THAT GENERATE ECONOMIC GROWTH AND
JOB CREATION WITHIN NEW  YORK  STATE  BUT  THAT  ARE  UNABLE  TO  OBTAIN
ADEQUATE  CREDIT OR ADEQUATE TERMS FOR SUCH CREDIT. IF IN THE DISCRETION
OF THE CORPORATION THE USE OF A COMMUNITY DEVELOPMENT FINANCIAL INSTITU-
TION IS NOT PRACTICABLE BASED UPON THE APPLICATION OF  RULES  AND  REGU-
LATIONS  DEVELOPED  BY  THE  CORPORATION, INCLUDING, BUT NOT LIMITED TO,
ASSESSMENTS OF GEOGRAPHIC AND ADMINISTRATIVE CAPACITY, THEN  THE  CORPO-
RATION  IS  AUTHORIZED,  WITHIN AVAILABLE APPROPRIATIONS, TO PROVIDE LOW
INTEREST LOANS TO THE FOLLOWING  OTHER  LOCAL  COMMUNITY  BASED  LENDING
ORGANIZATIONS:  SMALL  BUSINESS LENDING CONSORTIA, CERTIFIED DEVELOPMENT
COMPANIES, PROVIDERS OF UNITED STATES DEPARTMENT OF AGRICULTURE BUSINESS
AND INDUSTRIAL GUARANTEED LOANS, UNITED STATES SMALL  BUSINESS  ADMINIS-
TRATION  LOAN  PROVIDERS, CREDIT UNIONS AND COMMUNITY BANKS.  AS USED IN
THIS SECTION "SMALL BUSINESS" MEANS A BUSINESS THAT IS RESIDENT  IN  NEW
YORK STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD,
AND EMPLOYS ONE HUNDRED OR FEWER PERSONS.
  2.  IN  ORDER  FOR  A  LENDING  ORGANIZATION TO BE ELIGIBLE TO RECEIVE
PROGRAM FUNDS, IT MUST HAVE ESTABLISHED SUFFICIENT EXPERTISE TO  ANALYZE
SMALL  BUSINESS  APPLICATIONS FOR PROGRAM LOANS, EVALUATE THE CREDITWOR-
THINESS OF SMALL BUSINESSES, AND REGULARLY MONITOR  PROGRAM  LOANS.  THE
LENDING  ORGANIZATION  SHALL  REVIEW  EVERY  PROGRAM LOAN APPLICATION IN
ORDER TO DETERMINE, AMONG OTHER THINGS, THE FEASIBILITY OF THE  PROPOSED
USE  OF  THE  REQUESTED  FINANCING  BY THE SMALL BUSINESS APPLICANT, THE
LIKELIHOOD OF REPAYMENT AND THE POTENTIAL THAT THE  LOAN  WILL  GENERATE
ECONOMIC  DEVELOPMENT  AND  JOBS  WITHIN NEW YORK STATE. THE CORPORATION
SHALL IDENTIFY  ELIGIBLE  LENDING  ORGANIZATIONS  THROUGH  ONE  OR  MORE
COMPETITIVE STATEWIDE OR LOCAL SOLICITATIONS.
  3. PROGRAM LOANS TO SMALL BUSINESSES SHALL BE TARGETED AND MARKETED TO
MINORITY AND WOMEN-OWNED ENTERPRISES AND OTHER SMALL BUSINESSES THAT ARE
HAVING  DIFFICULTY  ACCESSING TRADITIONAL CREDIT MARKETS.  PROGRAM LOANS
TO SMALL BUSINESSES SHALL BE USED FOR  THE  CREATION  AND  RETENTION  OF
JOBS,  AS  DEFINED  BY THE CORPORATION, INCLUDING:  (A) WORKING CAPITAL;
(B) THE ACQUISITION AND/OR IMPROVEMENT OF REAL PROPERTY; (C) THE  ACQUI-
SITION  OF  MACHINERY AND EQUIPMENT, PROPERTY OR IMPROVEMENT; OR (D) THE
REFINANCING OF DEBT OBLIGATIONS. THERE SHALL BE TWO CATEGORIES OF  LOANS
TO  SMALL  BUSINESSES:  A  MICRO LOAN THAT SHALL HAVE A PRINCIPAL AMOUNT
THAT IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS AND A REGULAR  LOAN  THAT
SHALL  HAVE  A  PRINCIPAL  AMOUNT  NOT  LESS  THAN  TWENTY-FIVE THOUSAND
DOLLARS. PRIOR TO RECEIVING PROGRAM FUNDS, THE LENDING ORGANIZATION MUST
CERTIFY TO THE CORPORATION THAT SUCH LOAN COMPLIES WITH THIS SECTION AND
RULES AND REGULATIONS PROMULGATED FOR THE PROGRAM AND THAT  THE  LENDING
ORGANIZATION HAS PERFORMED ITS OBLIGATIONS PURSUANT TO AND IS IN COMPLI-
ANCE WITH THIS SECTION, THE PROGRAM RULES AND REGULATIONS AND ALL AGREE-
MENTS ENTERED INTO BETWEEN THE CORPORATION AND THE LENDING ORGANIZATION.
THE  PROGRAM  FUNDS  AMOUNT  USED  BY THE LENDING ORGANIZATION TO FUND A
PROGRAM APPLICANT LOAN SHALL NOT BE MORE THAN FIFTY PERCENT OF THE PRIN-
CIPAL AMOUNT OF SUCH LOAN.  THE PROGRAM FUNDS AMOUNT USED BY THE LENDING

S. 6609--B                          9                         A. 9709--C

ORGANIZATION TO FUND A PROGRAM APPLICANT LOAN SHALL NOT BE GREATER  THAN
ONE HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS.
  4. PROGRAM FUNDS SHALL NOT BE USED FOR: (A) PROJECTS THAT WOULD RESULT
IN THE RELOCATION OF ANY BUSINESS OPERATION FROM ONE MUNICIPALITY WITHIN
THE  STATE TO ANOTHER, EXCEPT UNDER ONE OF THE FOLLOWING CONDITIONS: (I)
WHEN A BUSINESS IS RELOCATING WITHIN A MUNICIPALITY WITH A POPULATION OF
AT LEAST ONE MILLION WHERE  THE  GOVERNING  BODY  OF  SUCH  MUNICIPALITY
APPROVES SUCH RELOCATION; OR (II) THE LENDING ORGANIZATION NOTIFIES EACH
MUNICIPALITY  FROM  WHICH  SUCH BUSINESS OPERATION WILL BE RELOCATED AND
EACH MUNICIPALITY AGREES TO SUCH RELOCATION; (B) PROJECTS OF NEWSPAPERS,
BROADCASTING OR OTHER NEWS MEDIA; MEDICAL FACILITIES, LIBRARIES,  COMMU-
NITY  OR  CIVIC  CENTERS; OR PUBLIC INFRASTRUCTURE IMPROVEMENTS; AND (C)
PROVIDING FUNDS, DIRECTLY OR INDIRECTLY, FOR PAYMENT,  DISTRIBUTION,  OR
AS A LOAN, TO OWNERS, MEMBERS, PARTNERS OR SHAREHOLDERS OF THE APPLICANT
BUSINESS, EXCEPT AS ORDINARY INCOME FOR SERVICES RENDERED.
  5.  WITH  RESPECT  TO  ITS PROGRAM LOANS, THE LENDING ORGANIZATION MAY
CHARGE APPLICATION, COMMITMENT AND LOAN GUARANTEE  FEES  PURSUANT  TO  A
SCHEDULE OF FEES ADOPTED BY THE LENDING ORGANIZATION AND APPROVED BY THE
CORPORATION.
  6.  PROGRAM  FUNDS SHALL BE DISBURSED TO A LENDING ORGANIZATION BY THE
CORPORATION IN THE FORM OF A LOAN TO THE LENDING ORGANIZATION.  THE TERM
OF THE LOAN SHALL COMMENCE UPON DISBURSEMENT OF THE PROGRAM FUNDS BY THE
CORPORATION TO THE LENDING ORGANIZATION.   THE LOAN SHALL  CARRY  A  LOW
INTEREST  RATE  DETERMINED  BY  THE CORPORATION BASED ON THEN PREVAILING
INTEREST RATES  AND  THE  CIRCUMSTANCES  OF  THE  LENDING  ORGANIZATION.
NOTWITHSTANDING  THE PERFORMANCE OF THE LOANS MADE BY THE LENDING ORGAN-
IZATION USING PROGRAM  FUNDS,  THE  LENDING  ORGANIZATION  SHALL  REMAIN
LIABLE  TO  THE  CORPORATION WITH RESPECT TO ANY UNPAID AMOUNTS DUE FROM
THE LENDING ORGANIZATION PURSUANT TO  THE  TERMS  OF  THE  CORPORATION'S
LOANS  TO  THE LENDING ORGANIZATION.   IN ADDITION, A PORTION OF PROGRAM
FUNDS MAY BE DISBURSED TO A LENDING ORGANIZATION IN THE FORM OF A  GRANT
OR  FORGIVABLE LOAN, PROVIDED THOSE FUNDS ARE USED BY THE LENDING ORGAN-
IZATION FOR ADMINISTRATIVE EXPENSES ASSOCIATED WITH THE FUND,  LOAN-LOSS
RESERVES, OR OTHER ELIGIBLE EXPENSES AS DETERMINED BY THE CORPORATION.
  7.  NOTWITHSTANDING  ANYTHING  TO  THE  CONTRARY  IN THIS SECTION, THE
CORPORATION SHALL PROVIDE AT LEAST  FIVE  HUNDRED  THOUSAND  DOLLARS  IN
PROGRAM  FUNDS PURSUANT TO THIS SECTION TO LENDING ORGANIZATIONS FOR THE
PURPOSE OF MAKING LOANS TO SMALL BUSINESS LOCATED IN NIAGARA COUNTY.
  8. NOTWITHSTANDING ANYTHING TO  THE  CONTRARY  IN  THIS  SECTION,  THE
CORPORATION  SHALL  PROVIDE  AT  LEAST  FIVE HUNDRED THOUSAND DOLLARS IN
PROGRAM FUNDS PURSUANT TO THIS SECTION TO LENDING ORGANIZATIONS FOR  THE
PURPOSE  OF MAKING LOANS TO SMALL BUSINESS LOCATED IN ST. LAWRENCE COUN-
TY.
  9. NOTWITHSTANDING ANYTHING TO  THE  CONTRARY  IN  THIS  SECTION,  THE
CORPORATION  SHALL  PROVIDE  AT  LEAST  FIVE HUNDRED THOUSAND DOLLARS IN
PROGRAM FUNDS PURSUANT TO THIS SECTION TO LENDING ORGANIZATIONS FOR  THE
PURPOSE OF MAKING LOANS TO SMALL BUSINESS LOCATED IN ERIE COUNTY.
  10.  NOTWITHSTANDING  ANYTHING  TO  THE  CONTRARY IN THIS SECTION, THE
CORPORATION SHALL PROVIDE AT LEAST  FIVE  HUNDRED  THOUSAND  DOLLARS  IN
PROGRAM  FUNDS PURSUANT TO THIS SECTION TO LENDING ORGANIZATIONS FOR THE
PURPOSE OF MAKING LOANS TO SMALL BUSINESS LOCATED IN JEFFERSON COUNTY.
  11. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  THE  CORPO-
RATION  MAY  ESTABLISH  A PROGRAM FUND FOR PROGRAM USE AND PAY INTO SUCH
FUND ANY FUNDS AVAILABLE TO THE CORPORATION FROM  ANY  SOURCE  THAT  ARE
ELIGIBLE FOR PROGRAM USE, INCLUDING MONEYS APPROPRIATED BY THE STATE.

S. 6609--B                         10                         A. 9709--C

  12. WITH RESPECT TO A LENDING ORGANIZATION PROGRAM LOAN APPLICANTS, NO
PERSON  WHO  IS  A MEMBER OF THE BOARD OR OTHER GOVERNING BODY, OFFICER,
EMPLOYEE, OR MEMBER OF A LOAN COMMITTEE, OR A FAMILY MEMBER OF ANY  SUCH
LENDING  ORGANIZATION SHALL PARTICIPATE IN ANY DECISION ON SUCH APPLICA-
TION  IF SUCH PERSON IS A PARTY TO OR HAS A FINANCIAL OR PERSONAL INTER-
EST IN SUCH LOAN. ANY PERSON WHO CANNOT PARTICIPATE IN A  LOAN  APPLICA-
TION  DECISION  FOR SUCH REASONS SHALL NOT BE COUNTED AS A MEMBER OF THE
LOAN COMMITTEE, BOARD OR OTHER GOVERNING BODY FOR PURPOSES OF  DETERMIN-
ING THE NUMBER OF MEMBERS REQUIRED FOR APPROVAL OF SUCH APPLICATION.
  13.  THE  LENDING  ORGANIZATION SHALL SUBMIT TO THE CORPORATION ANNUAL
REPORTS STATING: THE NUMBER OF PROGRAM LOANS MADE; THE AMOUNT OF PROGRAM
FUNDING USED FOR LOANS; THE USE OF LOAN PROCEEDS BY  THE  BORROWER;  THE
NUMBER OF JOBS CREATED OR RETAINED; A DESCRIPTION OF THE ECONOMIC DEVEL-
OPMENT  GENERATED; THE STATUS OF EACH OUTSTANDING PROGRAM LOAN; AND SUCH
OTHER INFORMATION AS THE CORPORATION MAY REQUIRE.
  14. THE CORPORATION MAY CONDUCT AUDITS OF THE LENDING ORGANIZATION  IN
ORDER  TO  ENSURE  COMPLIANCE  WITH  THE PROVISIONS OF THIS SECTION, ANY
REGULATIONS PROMULGATED WITH RESPECT THERETO AND AGREEMENTS BETWEEN  THE
LENDING  ORGANIZATION  AND  THE CORPORATION OF ALL ASPECTS OF THE USE OF
PROGRAM FUNDS AND PROGRAM LOAN  TRANSACTIONS.  IN  THE  EVENT  THAT  THE
CORPORATION  FINDS SUBSTANTIVE NONCOMPLIANCE, THE CORPORATION MAY TERMI-
NATE THE LENDING ORGANIZATION'S PARTICIPATION IN THE PROGRAM.
  15. UPON TERMINATION OF A LENDING ORGANIZATION'S PARTICIPATION IN  THE
PROGRAM,  THE  LENDING  ORGANIZATION  SHALL  RETURN  TO THE CORPORATION,
PROMPTLY AFTER ITS DEMAND THEREFOR, ALL PROGRAM FUND  PROCEEDS  HELD  BY
THE LENDING ORGANIZATION; AND PROVIDE TO THE CORPORATION, PROMPTLY AFTER
ITS  DEMAND THEREFOR, AN ACCOUNTING OF ALL PROGRAM FUNDS RECEIVED BY THE
LENDING ORGANIZATION, INCLUDING ALL  CURRENTLY  OUTSTANDING  LOANS  THAT
WERE  MADE  USING  PROGRAM  FUNDS. NOTWITHSTANDING SUCH TERMINATION, THE
LENDING ORGANIZATION SHALL REMAIN LIABLE TO THE CORPORATION WITH RESPECT
TO ANY UNPAID AMOUNTS DUE FROM THE LENDING ORGANIZATION PURSUANT TO  THE
TERMS OF THE CORPORATION'S LOANS TO THE LENDING ORGANIZATION.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART O

  Intentionally omitted.

                                 PART P

  Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
New  York state urban development corporation act relating to the powers
of the New York state urban development corporation to  make  loans,  as
amended  by  section  1  of part X of chapter 59 of the laws of 2009, is
amended to read as follows:
  S 2. This act shall take effect immediately  provided,  however,  that
section  one  of  this act shall expire on July 1, [2010] 2011, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be  deemed  repealed;  provided,
however,  that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of  such  subdivision  prior  to
such expiration and repeal.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

S. 6609--B                         11                         A. 9709--C

                                 PART Q

  Intentionally omitted.

                                 PART R

  Intentionally omitted.

                                 PART S

  Intentionally omitted.

                                 PART T

  Section 1. Section 107 of the agriculture and markets law, as added by
chapter 220 of the laws of 1978, subdivision 1 as amended by chapter 473
of the laws of 1995, subdivision 3 as amended by chapter 619 of the laws
of  1987  and subdivision 5 as added by chapter 530 of the laws of 1997,
is amended to read as follows:
  S 107. Application. 1. This article shall apply to all  areas  of  the
state  except  any  city having a population of over two million [except
that the provisions in this article relating to  the  animal  population
control program shall be applicable to the entire state].
  2.  In the event that any dog owned by a resident of any city having a
population of over two million or by a non-resident  of  this  state  is
harbored within this state outside of any such city, THE LICENSING MUNI-
CIPALITY  IN WHICH SUCH ANIMAL IS HARBORED MAY EXEMPT such dog [shall be
exempt] from the identification and licensing provisions of this article
for a period of thirty days provided such dog is  licensed  pursuant  to
the provisions of law of the area of residence.
  3. This article shall not apply to any dog confined to the premises of
any  public  or private hospital devoted solely to the treatment of sick
animals, or confined for the purposes of research to the premises of any
college or other educational or research institution.
  4. This article shall not apply to any dog confined to the premises of
any person, firm or corporation engaged in the business of  breeding  or
raising  dogs  for  profit  and  licensed  as a class A dealer under the
Federal Laboratory Animal Welfare Act[, provided that such person,  firm
or  corporation has obtained a certificate of exemption. Application for
such certificate shall be made annually to the commissioner and shall be
accompanied by a fee of one hundred dollars].
  5. Nothing contained in this article shall prevent a municipality from
adopting its own program for the control of  dangerous  dogs;  provided,
however, that no such program shall be less stringent than this article,
and no such program shall regulate such dogs in a manner that is specif-
ic  as  to  breed.  Notwithstanding the provisions of subdivision one of
this section, this subdivision  and  [section  one  hundred  twenty-one]
SECTIONS  ONE  HUNDRED  TWENTY-THREE, ONE HUNDRED TWENTY-THREE-A AND ONE
HUNDRED TWENTY-THREE-B of this article shall apply to all municipalities
including cities of two million or more.
  6. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT  A
COUNTY FROM ADMINISTERING A DOG LICENSING PROGRAM FOR THE MUNICIPALITIES
WITHIN ITS JURISDICTION.
  S  2. Subdivision 14 of section 108 of the agriculture and markets law
is REPEALED.

S. 6609--B                         12                         A. 9709--C

  S 3. Subdivisions 3, 11, 12 and 16 of section 108 of  the  agriculture
and  markets  law,  as  added  by  chapter  220 of the laws of 1978, are
amended to read as follows:
  3.  "Clerk" means the clerk of any COUNTY, town, city or village where
licenses are validated or issued pursuant to this article.
  11. "Identification tag" means a tag ISSUED BY THE  LICENSING  MUNICI-
PALITY which sets forth an [official] identification number [as required
by the provisions], TOGETHER WITH THE NAME of [this article] THE MUNICI-
PALITY,  THE STATE OF NEW YORK, CONTACT INFORMATION, INCLUDING TELEPHONE
NUMBER, FOR THE MUNICIPALITY AND SUCH OTHER INFORMATION AS THE LICENSING
MUNICIPALITY DEEMS APPROPRIATE.
  12. "Identified dog" means any dog carrying an identification  tag  as
provided in section one hundred [twelve] ELEVEN of this article.
  16.  "Owner of record" means the person in whose name any dog was last
licensed pursuant to [either  subdivision  one  or  subdivision  two  of
section one hundred nine of] this article, except that if any license is
issued on application of a person under eighteen years of age, the owner
of  record  shall be deemed to be the parent or guardian of such person.
If it cannot be determined in whose name any dog was last licensed or if
the owner of record has filed a statement pursuant to the provisions  of
section  one  hundred [thirteen] TWELVE of this article, the owner shall
be deemed to be the owner of record of such  dog,  except  that  if  the
owner  is  under  eighteen  years  of  age, the owner of record shall be
deemed to be the parent or guardian of such person.
  S 4. Section 109 of the agriculture and markets law, as added by chap-
ter 220 of the laws of 1978, subdivision 1 as amended by chapter 645  of
the  laws  of 1988, paragraph (a) of subdivision 1 as amended by chapter
86 of the laws of 2006, paragraph (b) of subdivision  1  as  amended  by
chapter 562 of the laws of 1995, paragraphs (f) and (h) of subdivision 1
and  paragraphs (f) and (h) of subdivision 2 as amended by chapter 39 of
the laws of 2002, paragraph (c) of subdivision 2 as amended  by  chapter
180  of the laws of 2002, and subdivision 3 as amended by chapter 269 of
the laws of 2005, is amended to read as follows:
  S 109. Licensing of dogs REQUIRED;  rabies  vaccination  [requirement]
REQUIRED.  1. [Licensing of dogs.] (a) The owner of any dog reaching the
age of four months shall immediately make application for a dog license.
No  license shall be required for any dog which is under the age of four
months and which is not at large, OR THAT IS  RESIDING  IN  A  POUND  OR
SHELTER  MAINTAINED  BY OR UNDER CONTRACT OR AGREEMENT WITH THE STATE OR
ANY COUNTY, CITY, TOWN OR VILLAGE, DULY  INCORPORATED  SOCIETY  FOR  THE
PREVENTION  OF  CRUELTY  TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY OR
DULY INCORPORATED DOG  PROTECTIVE  ASSOCIATION.    Except  as  otherwise
provided in this subdivision, a license shall be issued or renewed for a
period  of  AT  LEAST  one  year,  provided[,  that at the option of the
governing board of the municipality, a license may be issued or  renewed
for  a period of one, two or three years, and provided further], that no
license shall be issued for a period expiring after the last day of  the
eleventh  month  following  the  expiration  date  of the current rabies
certificate for the dog being licensed. All licenses shall expire on the
last day of the last month of the period for which they are  issued.  In
the  event  an  applicant  for  a  license presents, in lieu of a rabies
certificate, a  statement  certified  by  a  licensed  veterinarian,  as
provided  in subdivision [three] TWO of this section, a license shall be
issued or renewed for a period of one year from the date of said  state-
ment.  Any  municipality[, authorized to issue licenses pursuant to this
article, which has a population not exceeding two thousand five hundred]

S. 6609--B                         13                         A. 9709--C

may[, upon the approval of and pursuant to rules and regulations promul-
gated by the commissioner,] establish a common renewal date for all such
licenses. A license issued by a  municipality  that  has  established  a
common  renewal  date shall expire no later than the common renewal date
prior to the expiration date of the rabies certificate for the dog being
licensed.
  (b) Application for a dog license shall be made to the  clerk  of  the
town  [or],  city, OR COUNTY or, in the counties of Nassau and Westches-
ter, incorporated village in which the dog is harbored or to the village
clerk of those villages in the county of Rockland with a  population  of
fifteen  thousand  or  more  which  have  elected to accept applications
pursuant to the provisions of this paragraph or to the village clerk  of
the  village  of  Newark in the county of Wayne upon the election of the
village  of  Newark  pursuant  to  the  provisions  of  this  paragraph.
Provided,  however,  that in the counties of Nassau and Westchester, the
board of trustees of any incorporated village may by resolution  provide
that  applications  for  licenses shall no longer be made to the village
clerk, but to the clerk of the town in which the  village  is  situated.
[If  such  resolution is approved by the town board of the town in which
the village is situated, such resolution shall become effective not less
than six months after a certified copy of such resolution of the village
board and of the resolution of approval of the  town  board  shall  have
been  filed  with  the commissioner.] Provided further, however, that in
the county of Rockland,  the  board  of  trustees  of  any  incorporated
village  with a population of fifteen thousand or more may by resolution
provide that application for licenses  shall  be  made  to  the  village
clerk. Provided further, however, that in the county of Wayne, the board
of  trustees  of  the  village  of Newark may by resolution provide that
application for licenses shall be made to the village  clerk.  [If  such
resolution  is  approved  by  the  town or towns in which the village is
located, it shall become effective not less  than  six  months  after  a
certified  copy  of  such approved resolution shall have been filed with
the commissioner.] The governing body of any town or  city  or,  in  the
counties of Nassau and Westchester, incorporated village or in the coun-
ty  of Rockland, those villages with a population of fifteen thousand or
more which have so elected to accept applications or in  the  county  of
Wayne,  the  village  of Newark if such village has so elected to accept
applications may, on resolution of such body, authorize that such appli-
cation be made to one or more named dog control  officers  of  any  such
town,  city  or village. The issuance of any license by any such officer
shall be under the control and supervision of the clerk. In the case  of
a  seized  dog  being  redeemed or a dog being otherwise obtained from a
county animal shelter or pound, such application  may  be  made  to  the
county  dog  control  officer  in charge of such facility [provided such
officer has been authorized by the commissioner to accept such  applica-
tions].  In the case of a dog being redeemed or a dog being adopted from
a shelter or pound established, maintained or contracted  for,  pursuant
to section one hundred [fifteen] FOURTEEN of this article, such applica-
tion  may be made to the manager of such facility, provided such manager
has been authorized by the  [commissioner]  MUNICIPALITY  IN  WHICH  THE
PROSPECTIVE OWNER RESIDES to accept such application. Such authorization
shall be requested by the governing body of the pound or shelter and the
granting  or  denial of such authorization shall be in the discretion of
the [commissioner] MUNICIPALITY IN WHICH THE PROSPECTIVE OWNER RESIDES.
  (c) The application shall state the sex, actual  or  approximate  age,
breed, color, and [official] MUNICIPAL identification number of the dog,

S. 6609--B                         14                         A. 9709--C

and other identification marks, if any, and the name, address, telephone
number,  county  and  town,  city  or village of residence of the owner.
MUNICIPALITIES MAY ALSO REQUIRE ADDITIONAL INFORMATION ON SUCH  APPLICA-
TION AS DEEMED APPROPRIATE.
  (d) The application shall be accompanied by the license fee prescribed
by  section  one hundred ten of this article and a certificate of rabies
vaccination or statement in lieu thereof,  as  required  by  subdivision
[three]  TWO  of  this section. In the case of a spayed or neutered dog,
every application shall also be accompanied by a certificate signed by a
licensed veterinarian or an affidavit signed by the owner, showing  that
the  dog has been spayed or neutered, provided such certificate or affi-
davit shall not be required if the same is  already  on  file  with  the
clerk  or  authorized dog control officer. In lieu of the spay or neuter
certificate an owner may present a statement  certified  by  a  licensed
veterinarian stating that he has examined the dog and found that because
of  old  age or other reason, the life of the dog would be endangered by
spaying or neutering. In such case, the license fee for the dog shall be
the same as for a spayed or neutered dog as set forth in [paragraph  (a)
of] subdivision one of section one hundred ten of this article.
  (e)  Upon  validation  by the clerk, authorized dog control officer or
authorized pound or shelter manager,  the  application  shall  become  a
license  for  the  dog  described therein. [Once an application has been
validated, no refund therefor shall be made.]
  (f) The clerk, authorized dog control officer or authorized  pound  or
shelter  manager  shall: (i) provide a copy of the license to the owner;
(ii) [send, by the fifth day of the month following the month of license
issuance, a copy] RETAIN A RECORD OF THE  LICENSE  THAT  SHALL  BE  MADE
AVAILABLE UPON REQUEST TO THE COMMISSIONER FOR PURPOSES of [the license,
or  a  report of the information contained therein, to the commissioner;
and (iii) retain a record of the license in the manner prescribed by the
commissioner] RABIES  AND  OTHER  ANIMAL  DISEASE  CONTROL  EFFORTS  AND
ACTIONS.    In  addition,  the authorized pound or shelter manager shall
send, within forty-eight hours of validation, a copy of the  license  to
the licensing municipality within which the dog is to be harbored.
  (g)  No  license shall be transferable. Upon the transfer of ownership
of any dog, the new owner  shall  immediately  make  application  for  a
license for such dog.
  (h)  Notwithstanding  the  provisions of any general, special or local
law, or any rule or regulation to the contrary,  the  clerk,  authorized
dog  control  officer  or authorized pound or shelter manager in munici-
palities having a population of less than  one  hundred  thousand  shall
[send  to  the commissioner a copy of the validated license, or a report
of the information therein, by the fifth day of the month following  the
month of license issuance. In addition, the authorized dog control offi-
cer  or  authorized  pound  or  shelter  manager  in such municipalities
shall,] within five business days after the license has been  validated,
send  a  copy  of the validated license to the licensing municipality in
which the dog is to be harbored.
  2. [Purebred license. (a) The owner  of  one  or  more  purebred  dogs
registered  by  a  recognized  registry association may annually make an
application for a purebred license, in lieu of or  in  addition  to  the
individual licenses required by subdivision one of this section. A pure-
bred  license shall be valid for a period of one year beginning with the
first day of the month following the  date  of  issuance  and  shall  be
renewable annually thereafter prior to the expiration date.

S. 6609--B                         15                         A. 9709--C

  (b)  Such  application  shall be made to the person specified in para-
graph (b) of subdivision one of this section.
  (c) The application shall state the name, address and telephone number
of  the  owner; the county and city, town or village where such dogs are
harbored; the sex, breed, registry name  and  number  of  each  purebred
registered  dog  over  the  age  of four months which is harbored on the
premises; and the sex and breed of each purebred dog  over  the  age  of
four  months which is harbored on the premises and which is eligible for
registration. The application shall also  include  a  statement  by  the
owner  that  all  purebred  dogs  over  the age of four months which are
harbored on the premises have been listed.
  (d) The application shall be accompanied by the license fee prescribed
by section one hundred ten of this article and a certificate  of  rabies
vaccination  or  statement  in  lieu thereof, as required by subdivision
three of this section.
  (e) Upon receipt of the foregoing items, the clerk or  authorized  dog
control  officer  shall assign a license number, which shall be reserved
for the sole use of the named owner, and shall issue a purebred license.
Once a purebred license has been issued, no  refund  therefor  shall  be
made.
  (f)  The  clerk, authorized dog control officer or authorized pound or
shelter manager shall: (i) provide a copy of the purebred license to the
owner; (ii) send, by the fifth day of the month following the  month  of
license  issuance,  a  copy  of the purebred license, or a report of the
information contained therein, to the commissioner; and (iii)  retain  a
record  of  the purebred license in the manner prescribed by the commis-
sioner. In addition, the authorized dog control  officer  or  authorized
pound  or  shelter manager shall send, within forty-eight hours of vali-
dation, a copy of the license to the licensing municipality within which
the dog is to be harbored.
  (g) No purebred license shall be transferable. Upon change  of  owner-
ship of any dog licensed under a purebred license, such dog shall become
subject  to the licensing provisions of subdivision one of this section,
except when the new owner holds a valid purebred license.
  (h) Notwithstanding the provisions of any general,  special  or  local
law,  or  any  rule or regulation to the contrary, the clerk, authorized
dog control officer or authorized pound or shelter  manager  in  munici-
palities  having  a  population  of less than one hundred thousand shall
send to the commissioner a copy of the validated license, or a report of
the information contained therein, by the fifth day of the month follow-
ing the month of license  issuance.  In  addition,  the  authorized  dog
control  officer  or authorized pound or shelter manager in such munici-
palities shall, within five business days after  the  license  has  been
validated, send a copy of the validated license to the licensing munici-
pality within which the dog is to be harbored.
  3.  The  clerk,  authorized dog control officer or authorized pound or
shelter manager, at the time of issuing any  license  pursuant  to  this
article, shall require the applicant to present a statement certified by
a licensed veterinarian showing that the dog or dogs have been vaccinat-
ed  to  prevent  rabies  or, in lieu thereof, a statement certified by a
licensed veterinarian stating that because of old age or  other  reason,
the life of the dog or dogs would be endangered by the administration of
vaccine.  The  clerk, authorized dog control officer or authorized pound
or shelter manager shall make or cause to be made from such statement  a
record  of  such  information as may be required by the commissioner and
shall file such record with a copy of the license.]

S. 6609--B                         16                         A. 9709--C

  THE CLERK, AUTHORIZED DOG CONTROL OFFICER OR AUTHORIZED POUND OR SHEL-
TER MANAGER, AT THE TIME OF ISSUING ANY LICENSE PURSUANT TO  THIS  ARTI-
CLE,  SHALL  REQUIRE THE APPLICANT TO PRESENT A STATEMENT CERTIFIED BY A
LICENSED VETERINARIAN SHOWING THAT THE DOG OR DOGS HAVE BEEN  VACCINATED
TO  PREVENT  RABIES  OR,  IN  LIEU  THEREOF,  A STATEMENT CERTIFIED BY A
LICENSED VETERINARIAN STATING THAT BECAUSE OF OLD AGE OR ANOTHER REASON,
THE LIFE OF THE DOG OR DOGS WOULD BE ENDANGERED BY THE ADMINISTRATION OF
VACCINE. THE CLERK, AUTHORIZED DOG CONTROL OFFICER OR  AUTHORIZED  POUND
OR  SHELTER MANAGER SHALL MAKE OR CAUSE TO BE MADE FROM SUCH STATEMENT A
RECORD OF SUCH INFORMATION AND SHALL FILE SUCH RECORD WITH A COPY OF THE
LICENSE. SUCH RECORDS SHALL BE MADE AVAILABLE TO THE  COMMISSIONER  UPON
REQUEST FOR RABIES AND OTHER ANIMAL DISEASE CONTROL EFFORTS.
  3.    MUNICIPALITIES MAY PROVIDE FOR THE ESTABLISHMENT AND ISSUANCE OF
PUREBRED LICENSES AND, IN THE EVENT THEY DO SO, SHALL  PROVIDE  FOR  THE
ASSESSMENT  OF A SURCHARGE OF AT LEAST THREE DOLLARS FOR THE PURPOSES OF
CARRYING OUT ANIMAL POPULATION CONTROL EFFORTS AS  PROVIDED  IN  SECTION
ONE HUNDRED SEVENTEEN-A OF THIS ARTICLE.
  S  5. Section 110 of the agriculture and markets law is REPEALED and a
new section 110 is added to read as follows:
  S 110. LICENSE FEES.   1. THE LICENSE  FEE  FOR  DOG  LICENSES  ISSUED
PURSUANT  TO SUBDIVISION ONE OF SECTION ONE HUNDRED NINE OF THIS ARTICLE
SHALL BE DETERMINED BY THE MUNICIPALITY ISSUING  THE  LICENSE,  PROVIDED
THAT  THE  TOTAL FEE FOR AN UNSPAYED OR UNNEUTERED DOG SHALL BE AT LEAST
FIVE DOLLARS MORE THAN THE TOTAL FEE FOR A SPAYED OR NEUTERED  DOG.  ALL
REVENUE DERIVED FROM SUCH FEES SHALL BE THE SOLE PROPERTY OF THE MUNICI-
PALITY  SETTING THE SAME AND SHALL BE USED ONLY FOR CONTROLLING DOGS AND
ENFORCING THIS ARTICLE AND ANY RULE, REGULATION, OR LOCAL LAW  OR  ORDI-
NANCE  ADOPTED  PURSUANT  THERETO,  INCLUDING SUBSIDIZING THE SPAYING OR
NEUTERING OF DOGS AND ANY  FACILITY  AS  AUTHORIZED  UNDER  SECTION  ONE
HUNDRED  SIXTEEN  OF  THIS ARTICLE USED THEREFOR, AND SUBSIDIZING PUBLIC
HUMANE EDUCATION PROGRAMS IN RESPONSIBLE DOG OWNERSHIP.
  2. MUNICIPALITIES MAY EXEMPT FROM THEIR LICENSING FEES ANY GUIDE  DOG,
HEARING  DOG,  SERVICE  DOG, WAR DOG, WORKING SEARCH DOG, DETECTION DOG,
POLICE WORK DOG OR THERAPY DOG. EACH COPY OF ANY LICENSE FOR  SUCH  DOGS
SHALL BE CONSPICUOUSLY MARKED "GUIDE DOG", "HEARING DOG", "SERVICE DOG",
"WORKING  SEARCH DOG", "WAR DOG", "DETECTION DOG", "POLICE WORK DOG", OR
"THERAPY DOG", AS MAY BE APPROPRIATE, BY THE  CLERK  OR  AUTHORIZED  DOG
CONTROL OFFICER.
  3.  IN ADDITION TO THE FEE CHARGED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, ALL MUNICIPALITIES ISSUING DOG LICENSES PURSUANT TO THIS  ARTI-
CLE  ARE  REQUIRED  TO  PROVIDE  FOR  THE  ASSESSMENT  OF  AN ADDITIONAL
SURCHARGE OF AT LEAST ONE DOLLAR FOR ALTERED DOGS  AND  AT  LEAST  THREE
DOLLARS FOR UNALTERED DOGS FOR THE PURPOSES OF CARRYING OUT ANIMAL POPU-
LATION CONTROL EFFORTS AS PROVIDED IN SECTION ONE HUNDRED SEVENTEEN-A OF
THIS ARTICLE.
  4.  IN ADDITION TO THE FEE CHARGED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, ANY MUNICIPALITY ISSUING DOG LICENSES PURSUANT TO THIS  ARTICLE
IS  HEREBY  AUTHORIZED  TO  PROVIDE  FOR  THE  ASSESSMENT  OF ADDITIONAL
SURCHARGES FOR THE PURPOSE OF:
  (A) RECOVERING COSTS ASSOCIATED WITH ENUMERATION CONDUCTED PURSUANT TO
SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE SHOULD A
DOG BE IDENTIFIED AS UNLICENSED DURING SUCH ENUMERATION. SUCH ADDITIONAL
FEE SHALL BE THE PROPERTY OF THE LICENSING  MUNICIPALITY  AND  SHALL  BE
USED  TO PAY THE EXPENSES INCURRED BY THE MUNICIPALITY IN CONDUCTING THE
ENUMERATION. IN THE EVENT  THE  ADDITIONAL  FEES  COLLECTED  EXCEED  THE
EXPENSES  INCURRED  BY  THE MUNICIPALITY IN CONDUCTING AN ENUMERATION IN

S. 6609--B                         17                         A. 9709--C

ANY YEAR, SUCH EXCESS FEES MAY BE USED BY THE MUNICIPALITY FOR ENFORCING
THIS ARTICLE AND FOR SPAYING OR NEUTERING ANIMALS; AND
  (B)  OFFSETTING COSTS ASSOCIATED WITH THE PROVISION AND REPLACEMENT OF
IDENTIFICATION TAGS PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS ARTI-
CLE.
  S 6. Section 111 of the agriculture and markets law  is  REPEALED  and
section  112  of  such law, as added by chapter 220 of the laws of 1978,
subdivisions 1 and 5 as amended by chapter 645  of  the  laws  of  1988,
subdivision 7 as amended by chapter 494 of the laws of 2002 and subdivi-
sion  8  as  added  by  chapter  169  of the laws of 1994, is renumbered
section 111 and amended to read as follows:
  S 111. Identification of dogs. 1. Each dog licensed pursuant to subdi-
vision one of  section  one  hundred  nine  of  this  article  shall  be
assigned,  at the time the dog is first licensed, a [permanent official]
MUNICIPAL identification number. Such  identification  number  shall  be
carried  by the dog on an identification tag which shall be affixed to a
collar on the dog at all times, provided that a [dog]  MUNICIPALITY  MAY
EXEMPT  DOGS  participating  in  a  dog  show [shall be exempt from this
requirement] during such participation.
  2. [The official identification number shall constitute  the  official
identification of the dog to which it is assigned, regardless of changes
of  ownership,  and  the number shall not be reassigned to any other dog
during the lifetime of the dog to which it is assigned.
  3. At the time a dog is first licensed, one identification  tag  shall
be  furnished  to  the  owner at no charge. Any replacement tag shall be
obtained by the owner at his expense at a fee and in a manner prescribed
by the commissioner.
  4.] No tag carrying  an  [official]  identification  number  shall  be
affixed to the collar of any dog other than the one to which that number
has been assigned.
  [5.  The  holder of] 3. A MUNICIPALITY OFFERING a purebred license may
[procure] PROVIDE A LICENSEE, at his OR HER expense, any number of  tags
imprinted  with  the  same number as the purebred license.  One such tag
shall be affixed to the collar of each  dog  harbored  pursuant  to  the
purebred  license at all times, provided that [a dog] MUNICIPALITIES MAY
EXEMPT DOGS participating in a dog  show  [shall  be  exempt  from  this
requirement] during such participation. Such a tag shall be affixed only
to  the  collar of a dog owned by the holder of the purebred license and
harbored on his premises.
  [6. The shape, size and form of imprints on  identification  tags  and
purebred  license  tags shall be prescribed by the commissioner, and any
tag bearing an imprint other than that prescribed shall  not  constitute
valid identification for the purposes of this article.
  7.  The  applicant  for]  4. A MUNICIPALITY OFFERING a license for any
guide dog, service dog, hearing dog or detection dog may [procure] ISSUE
a special tag for identifying such dog[.  This special],  PROVIDED  THAT
SUCH  tag  shall  be  in  addition to the identification tag required by
subdivision one of this section. The [commissioner  shall]  MUNICIPALITY
MAY  prescribe  the  shape,  size, color, and form of imprint of the tag
which shall be a different color and shape than the [official]  STANDARD
identification  tag.  Upon  application,  the commissioner shall furnish
such tags without payment of a fee.
  [8. Fees received by the department pursuant to this section shall  be
deposited in an account within the miscellaneous special revenue fund.]

S. 6609--B                         18                         A. 9709--C

  S  7.  Section  113  of the agriculture and markets law, as amended by
chapter 57 of the laws of 1981, is renumbered section 112 and amended to
read as follows:
  S  112.  Change of ownership; lost or stolen dog. 1. In the event of a
change in the ownership of any dog which has been [assigned an  official
identification  number]  LICENSED  PURSUANT  TO  THIS  ARTICLE or in the
address of the owner of record of any such  dog,  the  owner  of  record
shall,  within  ten  days  of  such change, file with the [commissioner]
MUNICIPALITY IN WHICH THE DOG IS  LICENSED  a  written  report  of  such
change.  Such  owner of record shall be liable for any violation of this
article until such filing is made or until the dog is  licensed  in  the
name of the new owner.
  2.  If  any  dog  which  has been [assigned an official identification
number] LICENSED PURSUANT TO THIS ARTICLE is lost or stolen,  the  owner
of  record shall, within ten days of the discovery of such loss or theft
file with the [commissioner] MUNICIPALITY IN WHICH THE DOG IS LICENSED a
written report of such loss or theft. In the case of a  loss  or  theft,
the  owner  of  record  of  any  such  dog  shall  not be liable for any
violation of this article committed after such report is filed.
  3. In the case of a dog's death, the owner of record shall  so  notify
the  [commissioner]  MUNICIPALITY  IN  WHICH  THE DOG IS LICENSED either
prior to renewal of licensure or upon the time of such  renewal  as  set
forth  [in  subdivision one of section one hundred nine of this chapter.
Until such time that the commissioner files such  information  with]  BY
the  [central  registry  of official identification numbers, said number
shall not be reassigned. Failure to notify] MUNICIPALITY  IN  WHICH  THE
the  [commissioner  of  the  death  of a dog as so required herein shall
constitute a violation and the owner of record shall be held liable] DOG
IS LICENSED.
  S 8. Section 114 of the agriculture and markets law, as added by chap-
ter 220 of the laws of 1978, subdivisions 2 and 4 as amended by  chapter
714  of the laws of 1980, subdivision 4 as separately amended and subdi-
vision 5 as amended by chapter 843 of the laws of 1980 and subdivision 7
as amended by chapter 180 of the laws of 2002, is renumbered section 113
and amended to read as follows:
  S 113. Dog control officers. 1. Each town and city, and  each  village
in  which  licenses are issued, shall appoint, and any other village and
any county may appoint, one or more dog control officers for the purpose
of assisting, within the appointing municipality, with  the  control  of
dogs  and  the  enforcement  of  this article [and rules and regulations
promulgated pursuant thereto].
  2. In lieu of or in addition to the appointment of a dog control offi-
cer or officers, any town or city, or any village in which licenses  are
issued shall, and any other village and any county may, contract for dog
control  officer services with any other municipality or with any incor-
porated humane society or similar incorporated  dog  protective  associ-
ation,  or shall appoint, jointly with one or more other municipalities,
one or more dog control officers having  jurisdiction  in  each  of  the
cooperating municipalities.
  3. [The commissioner may appoint as many state dog control officers as
he  deems  necessary to supervise the provisions of this article and any
rules and regulations adopted pursuant thereto.
  4.] Every dog control officer shall have the power to issue an appear-
ance ticket pursuant to section 150.20 of the criminal procedure law, to
serve a summons and to serve and execute any other order or  process  in
the  execution  of  the provisions of this article. In addition, any dog

S. 6609--B                         19                         A. 9709--C

control officer or any  peace  officer,  when  acting  pursuant  to  his
special  duties,  or police officer, who is authorized by a municipality
to assist in the enforcement of this  article  may  serve  any  process,
including  an  appearance  ticket,  a  uniform  appearance  ticket and a
uniform appearance ticket and simplified  information,  related  to  any
proceeding,  whether  criminal  or  civil in nature undertaken in accord
with the provisions of this  article  or  any  local  law  or  ordinance
promulgated pursuant thereto.
  [5] 4.  Every dog control officer, peace officer, when acting pursuant
to his special duties or police officer shall promptly make and maintain
a  complete record of any seizure and subsequent disposition of any dog.
Such record shall include, but not be limited to, a description  of  the
dog, the date and hour of seizure, the official identification number of
such dog, if any, the location where seized, the reason for seizure, and
the owner's name and address, if known.
  [6]  5.    Every  dog control officer shall file and maintain[, in the
manner prescribed by the commissioner,] such records [as may be required
by this article or rules and regulations promulgated  pursuant  thereto]
FOR NOT LESS THAN THREE YEARS FOLLOWING THE CREATION OF SUCH RECORD, and
shall  make  such  reports  AVAILABLE  to  the  commissioner  [as may be
required thereby] UPON REQUEST.
  [7] 6.  The governing body of any municipality in which  licenses  are
issued,  may, either individually or in cooperation with other municipal
entities, require its dog control officer or animal control  officer  or
any  other  authorized  agent  to  ascertain  and  list the names of all
persons in the municipality owning or harboring dogs, or in lieu  there-
of, such municipality may contract to have the same done.
  S  9.  Sections  115  and  116  of the agriculture and markets law are
renumbered sections 114 and 115.
  S 10. Section 117 of the agriculture and  markets  law  is  renumbered
section 116.
  S  11. Section  117-a  of the agriculture and markets law, as added by
chapter 473 of the laws of 1995, subdivisions 1, 2-a, 4 and 7 as amended
by chapter 205 of the laws of 2000, subdivision 2, the opening paragraph
of subdivision 2-a and paragraph (c) of  subdivision  3  as  amended  by
chapter 534 of the laws of 2005, is amended to read as follows:
  S 117-a. Animal  population  control program. 1. [The department shall
establish and  implement  an  animal  population  control  program.  The
purpose  of  this  program shall be to reduce the population of unwanted
and stray dogs and cats thereby reducing  potential  threats  to  public
health  and  safety posed by the large population of these animals. This
program shall seek to accomplish its purpose by encouraging residents of
New York state who are the owners of dogs and cats to have  them  spayed
or neutered by providing low-cost spaying and neutering services to such
owners  meeting  the  criteria  enumerated  in  subdivision  two of this
section. The department shall use its best efforts  to  encourage  every
adoption facility that qualifies for participation in the low-cost spay-
neuter program to do so to the maximum possible extent.] THE COMMISSION-
ER  SHALL SUBMIT A REQUEST FOR PROPOSALS FROM NOT-FOR-PROFIT ENTITIES AS
DESCRIBED HEREIN FOR THE PURPOSE OF ADMINISTERING A STATE  ANIMAL  POPU-
LATION  CONTROL  PROGRAM.  THE  ENTITY CHOSEN TO ADMINISTER SUCH PROGRAM
SHALL ENTER INTO A CONTRACT WITH THE STATE FOR A  TERM  OF  FIVE  YEARS,
WHICH  MAY  BE  RENEWED SUBJECT TO THE APPROVAL OF THE COMMISSIONER. THE
PURPOSE OF THIS PROGRAM SHALL BE TO REDUCE THE  POPULATION  OF  UNWANTED
AND  STRAY  DOGS  AND  CATS THEREBY REDUCING INCIDENCE OF EUTHANASIA AND
POTENTIAL THREATS TO PUBLIC HEALTH AND SAFETY POSED BY THE  LARGE  POPU-

S. 6609--B                         20                         A. 9709--C

LATION  OF  THESE  ANIMALS.  THIS  PROGRAM  SHALL SEEK TO ACCOMPLISH ITS
PURPOSE BY ENCOURAGING RESIDENTS OF NEW YORK STATE WHO ARE THE OWNERS OF
DOGS AND CATS TO HAVE THEM SPAYED  OR  NEUTERED  BY  PROVIDING  LOW-COST
SPAYING  AND  NEUTERING  SERVICES  TO  SUCH  OWNERS MEETING THE CRITERIA
ENUMERATED IN SUBDIVISION THREE OF THIS SECTION. FOR  PURPOSES  OF  THIS
SECTION,  "LOW-COST" SHALL MEAN SUBSTANTIALLY LESS THAN THE AVERAGE COST
IN A PARTICULAR REGION OF THE STATE FOR SPAYING OR  NEUTERING  SERVICES,
INCLUDING  ANY AND ALL ANCILLARY CHANGES FOR SERVICES, INCLUDING BUT NOT
LIMITED TO, PRESURGICAL EXAMINATIONS, TESTS AND IMMUNIZATIONS, AND OTHER
SERVICES RELATED  TO  THE  SPAY  OR  NEUTER  PROCEDURE.  ALL  VETERINARY
SERVICES PROVIDED PURSUANT TO THIS SECTION MUST BE PERFORMED BY A VETER-
INARIAN LICENSED IN THIS STATE.
  2. ELIGIBLE NOT-FOR-PROFIT ENTITIES SHALL CONSIST OF DULY INCORPORATED
SOCIETIES  FOR  THE  PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED
HUMANE SOCIETIES, DULY INCORPORATED ANIMAL PROTECTIVE  ASSOCIATIONS,  OR
DULY INCORPORATED NON-PROFIT CORPORATIONS THAT HAVE RECEIVED DESIGNATION
AS 501(C)(3) ENTITIES BY THE INTERNAL REVENUE SERVICE AND WHICH ENTITIES
ARE  OPERATING AS ANIMAL RESCUE ORGANIZATIONS, ANIMAL ADOPTION ORGANIZA-
TIONS, SPAY/NEUTER CLINICS, OR OTHER ENTITIES WHOSE CORE MISSION PREDOM-
INANTLY INCLUDES STATEWIDE EFFORTS TO MANAGE THE COMPANION ANIMAL  POPU-
LATION  IN  NEW  YORK  STATE. IN AWARDING THE CONTRACT, THE COMMISSIONER
MUST CONSIDER THE FOLLOWING CRITERIA WITH RESPECT TO EACH APPLICANT: ITS
EXPERIENCE IN PROVIDING LOW-COST  SPAY-NEUTER  SERVICES,  THE  SCOPE  OF
SERVICES  IT  PROVIDES,  THE  LENGTH  OF TIME IT HAS BEEN OPERATING, ITS
FINANCIAL HISTORY, ITS DEMONSTRATED ABILITY TO WORK WITH OUTSIDE  ORGAN-
IZATIONS  AND  COMMUNITY  GROUPS, AND THE PROPOSED COST OF ADMINISTERING
AND PROMOTING THE PROGRAM.  IN CHOOSING SUCH  ENTITY,  THE  COMMISSIONER
MAY  ESTABLISH OTHER CRITERIA FOR MAKING HIS OR HER SELECTION IN CONSUL-
TATION WITH VETERINARIANS,  REPRESENTATIVES  FROM  ANIMAL  ADVOCACY  AND
WELFARE ORGANIZATIONS, AND MUNICIPALITIES. THE SELECTION OF THE ADMINIS-
TRATIVE  ENTITY OVERSEEING THE STATE ANIMAL POPULATION CONTROL FUND MUST
BE COMPLETED NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TEN.
  (A) THE ADMINISTRATIVE ENTITY CHOSEN BY THE COMMISSIONER SHALL  REVIEW
PLANS  SUBMITTED  FOR  APPROVAL  AND  FUNDING  OF  LOW-COST  SPAY-NEUTER
PROGRAMS AND AWARD GRANTS FOR THE ANIMAL  POPULATION  CONTROL  FUND  FOR
IMPLEMENTATION  OF SUCH PLANS.  IN REVIEWING THE PLANS, THE ENTITY SHALL
CONSIDER THE FOLLOWING CRITERIA: THE METHOD OF PROVIDING LOW-COST  SPAY-
NEUTER   SERVICES,  INCLUDING  AN  ANTICIPATED  FEE  SCHEDULE  FOR  SUCH
SERVICES, THE SIZE AND NEED OF  THE  POPULATION  SERVED,  THE  PLAN  FOR
OUTREACH  AND  PROMOTION  OF  SUCH  SERVICES,  EXPERIENCE  IN  PROVIDING
LOW-COST SPAY-NEUTER SERVICES  AND  COST-EFFECTIVENESS  OF  THE  OVERALL
PLAN.  IN  AWARDING GRANTS, THE ENTITY SHALL USE BEST EFFORTS TO PROVIDE
STATEWIDE DISTRIBUTION OF FUNDING.
  (B) (I) UPON APPROVING A PLAN SUBMITTED PURSUANT TO THIS SECTION,  THE
ADMINISTRATIVE ENTITY SHALL AWARD A GRANT FOR THE CREATION AND IMPLEMEN-
TATION OF SUCH PLAN.
  (II)  UPON  APPROVING A PLAN SUBMITTED FOR APPROVAL AND FUNDING OF ALL
OTHER SPAY-NEUTER PROGRAMS, THE ADMINISTRATIVE ENTITY SHALL AWARD GRANTS
FOR  THE  ONGOING  ADMINISTRATION  OF  LOW-COST  SPAY-NEUTER   SERVICES.
PAYMENTS  AGAINST SUCH GRANTS SHALL BE ADVANCED QUARTERLY. ANY REMAINING
FUNDS AT THE END OF THE GRANT PERIOD SHALL BE  REMITTED  TO  THE  ANIMAL
POPULATION CONTROL FUND.
  (III)  ANY GRANTS MADE PURSUANT TO THIS SECTION MAY BE DISCONTINUED IF
IT IS FOUND BY THE ADMINISTRATIVE ENTITY THAT FUNDS PREVIOUSLY DISBURSED
WERE NOT USED FOR THEIR INTENDED PURPOSE OR THAT SERVICES PERFORMED WERE

S. 6609--B                         21                         A. 9709--C

NOT PROVIDED ACCORDING TO THE TERMS AND CONDITIONS AS THE ADMINISTRATIVE
ENTITY SHALL PROVIDE.
  (C)  AN  ADMINISTRATIVE ENTITY SELECTED PURSUANT TO THIS SECTION SHALL
USE PROCEEDS FROM THE ANIMAL POPULATION CONTROL FUND TO PAY FOR  REASON-
ABLE  EXPENSES  INCURRED  IN OPERATING THE LOW-COST SPAY-NEUTER PROGRAM,
BUT IS HEREBY AUTHORIZED TO SOLICIT FUNDS FROM OTHER PUBLIC AND  PRIVATE
SOURCES.
  (D)  SUCH  ADMINISTRATIVE  ENTITY SHALL SUBMIT AN ANNUAL REPORT TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
ASSEMBLY,  THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE
ASSEMBLY, AND THE COMMISSIONER. SUCH REPORT SHALL  INCLUDE  BUT  NOT  BE
LIMITED  TO THE BALANCE OF THE FUND, ANNUAL EXPENDITURES, ANNUAL INCOME,
THE NUMBER OF ENTITIES RECEIVING FUNDING AND THE AMOUNT RECEIVED BY EACH
ENTITY, THE TOTAL NUMBER  AND  TYPE  OF  LOW-COST  SPAY-NEUTER  SERVICES
PROVIDED  BY  EACH ENTITY, THE METHOD OF PROVIDING SUCH SERVICES BY EACH
ENTITY, THE EXPENDITURE MADE FOR PROMOTING THE FUND AND  DESCRIPTION  OF
MARKETING  EFFORTS, AND RECOMMENDATIONS REGARDING THE IMPLEMENTATION AND
FINANCIAL VIABILITY OF THE FUND.
  (E) THE ADMINISTRATIVE ENTITY SHALL PERFORM SUCH OTHER TASKS AS MAY BE
REASONABLE AND NECESSARY FOR THE ADMINISTRATION OF SUCH FUND.
  (F) IF THE ADMINISTRATIVE ENTITY CANNOT PERFORM ITS OBLIGATIONS PURSU-
ANT TO ITS CONTRACT, OR IF IT IS DETERMINED BY THE COMMISSIONER THAT  IT
IS  NOT PERFORMING ITS OBLIGATIONS IN A SATISFACTORY MANNER, THE COMMIS-
SIONER MAY CANCEL SUCH CONTRACT AND ISSUE ANOTHER REQUEST FOR  PROPOSALS
FROM OTHER ENTITIES TO ADMINISTER THE PROGRAM.
  3.  In  order  to  be eligible to participate in the animal population
control program, and therefore, be entitled to the low-cost  spay/neuter
services  provided for herein, an owner of a dog or cat shall be a resi-
dent of New York state and shall submit proof to [a veterinarian partic-
ipating in the program] THE ENTITY PROVIDING SUCH SERVICES as follows:
  (a) in the form of an adoption agreement that their  dog  or  cat  was
adopted  from a pound, shelter MAINTAINED BY OR UNDER CONTRACT OR AGREE-
MENT WITH THE STATE OR ANY COUNTY, CITY, TOWN, OR VILLAGE, duly incorpo-
rated society for the prevention of cruelty to  animals,  DULY  INCORPO-
RATED  humane  society  or  DULY  INCORPORATED  dog  or  cat  protective
association; or
  (b) proof of participation in at least one of the following:
  (i) the food stamp program authorized pursuant to 7  U.S.C.  2011,  et
seq.;
  (ii) the supplemental security income for the aged, blind and disabled
program authorized pursuant to 42 U.S.C. 1381 et seq.;
  (iii) the low income housing assistance program authorized pursuant to
42 U.S.C. 1437(f);
  (iv) the Family Assistance program authorized pursuant to title ten of
article five of the social services law;
  (v)  the  Safety  Net  Assistance program authorized pursuant to title
three of article five of the social services law;
  (vi) the program of Medical Assistance authorized  pursuant  to  title
eleven of article five of the social services law; or
  (vii)  [the food assistance program authorized pursuant to subdivision
ten of section ninety-five of the social services  law;]  OTHER  SIMILAR
PROGRAMS  IDENTIFIED  BY  THE  ADMINISTRATIVE ENTITY AND APPROVED BY THE
COMMISSIONER; and
  (c) in any city, town, village, or county which has  enacted  a  local
law  or  ordinance  requiring  spay/neuter of all dogs and cats prior to
adoption from shelters, pounds,  duly  incorporated  societies  for  the

S. 6609--B                         22                         A. 9709--C

prevention of cruelty to animals, humane societies and duly incorporated
dog  or  cat  protective associations within such city, town, village or
county, eligibility for participation in the animal  population  control
program  shall be determined based solely on the provisions of paragraph
(b) of this subdivision.
  [2-a.] 4. Notwithstanding the provisions of paragraph (a) of  subdivi-
sion  [two]  THREE  of  this  section,  no resident, otherwise qualified
pursuant to such paragraph, shall be entitled to participate in the  low
cost spay/neuter program implemented by this section if the animal to be
spayed or neutered:
  (a) was imported or caused to be imported from outside the state;
  (b)  was  adopted  from  an  otherwise qualifying pound, shelter, duly
incorporated society for the prevention  of  cruelty  to  animals,  DULY
INCORPORATED  humane  society or DULY INCORPORATED dog or cat protective
association which included the cost of a spaying or neutering  procedure
in the cost of the adoption[;
  (c)  was  spayed or neutered by an otherwise eligible veterinarian who
is employed by otherwise qualifying pounds, shelters, duly  incorporated
societies  for the prevention of cruelty to animals, humane societies or
dog or cat protective associations except to the extent that they  shall
have  performed  spay/neuter  procedures in excess of the number of such
procedures done upon animals adopted from such facility during  nineteen
hundred ninety-four; or
  (d)  was  adopted  from  any facility that as a condition of adoption,
required or encouraged the utilization of  a  specific  veterinarian  or
veterinary facility to perform such spay or neuter procedure. The estab-
lishment  of  such conditions by a facility shall constitute grounds for
the disqualification of such facility to  participate  in  the  program.
Nothing  contained  in  this  section shall be construed as precluding a
facility from informing a person adopting an animal of the  identity  of
those  participating  veterinarians  in the vicinity of such facility in
addition to providing them with the voucher provided under this  section
and any accompanying materials.
  3.  Any person submitting a dog or cat for spaying or neutering pursu-
ant to the provisions of this section shall:
  (a) Furnish any licensed veterinarian of this state  participating  in
the  program  with  proof  that the owner meets the eligibility criteria
pursuant to the  provisions  of  subdivisions  two  and  two-a  of  this
section;
  (b) Sign a consent form certifying that the person is the owner of the
dog  or  cat or is authorized by the owner to present the dog or cat for
the procedure;
  (c) Pay a fee of thirty dollars to the veterinarian  participating  in
the  program  if  such  dog  or cat was adopted from a duly incorporated
pound, shelter, duly incorporated society for the prevention of  cruelty
to  animals,  humane  society or duly incorporated dog or cat protective
association, or pay a fee of twenty dollars to the veterinarian  partic-
ipating  in  the  program  if  such  person  participates  in any of the
programs enumerated in paragraph (b) of subdivision two of this section.
When eligibility to participate in the animal population control program
is based upon participation in a program enumerated in paragraph (b)  of
subdivision  two of this section, the department shall issue vouchers to
dog and cat owners upon provision  of  requisite  proof  required  under
paragraph  (b) of subdivision two of this section and in accordance with
any rules and regulations promulgated by the commissioner.

S. 6609--B                         23                         A. 9709--C

  4. (a) Any licensed veterinarian of  this  state  including,  but  not
limited to, licensed veterinarians working at municipal facilities which
provide  dog  and  cat  spaying  and neutering services, other than with
respect to animals who would not be  eligible  pursuant  to  subdivision
two-a  of  this  section may participate in the program upon filing with
the commissioner an application therefor, on  forms  prescribed  by  the
commissioner,  which application shall certify, in addition to any other
information requested by the commissioner, an animal  sterilization  fee
schedule  listing  the  fees  charged  for  spaying and neutering in the
normal course of business and for the presurgical immunization  of  dogs
against  distemper,  hepatitis, leptospirosis, parvovirus and rabies, or
if deemed necessary for the presurgical  immunization  of  cats  against
feline  panleukopenia,  calici, pneumonitis, rhinotracheitis and rabies,
as the case may be on the first day of January two thousand one and  the
first  day  of  January  each  third  year  thereafter and the number of
spay/neuter procedures done by such facility during such period.   Addi-
tionally, such licensed veterinarian shall certify that the fees charged
for  procedures  and  vaccinations for which reimbursement is sought are
equal to or less than the lowest fees charged to a  private  client  for
such  procedures  during  the previous year. The veterinarian shall also
provide the name of the veterinarian, animal hospital, veterinary clinic
or other entity to which such reimbursement is to be  made.  These  fees
may  vary  with  the  animal's weight, sex and species. The commissioner
may, however, disqualify from participation in the program any veterina-
rian whose fees are  deemed  unreasonable.  Nothing  contained  in  this
subdivision  shall  limit the right of the state education department to
undertake  such  actions  as  it  may  deem  necessary  to  enforce  the
provisions of article one hundred thirty-five of the education law.
  (b)  Licensed veterinarians of this state participating in the program
shall provide, if deemed necessary, for the presurgical immunization  of
dogs against distemper, hepatitis, leptospirosis, parvovirus and rabies,
or if deemed necessary, for the presurgical immunization of cats against
feline  panleukopenia,  calici, pneumonitis, rhinotracheitis and rabies,
as the case may be. Charges for such services to  the  owner  or  person
submitting the dog or cat for spaying or neutering shall be no more than
fifty  percent of the amount certified pursuant to paragraph (a) of this
subdivision. In addition to other  reimbursement  to  which  a  licensed
veterinarian may be entitled under this section, a veterinarian may seek
reimbursement  for expenses incurred as a direct result of extraordinary
circumstances which occurred during the course of a  spay/neuter  proce-
dure  up  to an amount approved by the department which shall not exceed
twenty percent of such veterinarian's fee for performing such procedure.
  (c) The state comptroller upon  the  submission  of  vouchers  by  the
commissioner  shall,  to  the  extent that monies are available from the
animal population control fund,  reimburse  participating  veterinarians
for  eighty  percent of the balance of the fee charged pursuant to para-
graph (a) of this subdivision, and after deducting that portion  of  the
fee  already  paid to the veterinarian by those persons participating in
the program pursuant to paragraph  (c)  of  subdivision  three  of  this
section,  for  each  animal spaying and neutering procedure administered
after the submission to the  commissioner  of  an  animal  sterilization
certificate,  prescribed by the commissioner, signed by the veterinarian
and the owner of the animal or person authorized by the owner, for  each
spaying and neutering procedure performed in conjunction with the animal
population  control  program.  Notwithstanding the foregoing provisions,
the state comptroller shall not reimburse veterinarians for any  voucher

S. 6609--B                         24                         A. 9709--C

which  shall  have  been  issued  by the commissioner more than one year
prior to the date upon which it is submitted to the commissioner  unless
the  commissioner  shall  indicate  good  cause  for the payment of such
voucher. If the moneys are not immediately available from such fund, the
commissioner  shall  give priority to approving reimbursement to partic-
ipating veterinarians from counties from which the amount of fees depos-
ited in such fund, after taking into  consideration  the  administrative
expenses to which the department is entitled, exceeds the money paid out
to  participating  veterinarians  in  such  counties.  The participating
veterinarian shall submit to the commissioner within sixty days of  each
animal  spaying  and neutering procedure an animal sterilization certif-
icate for the purposes of reimbursement.  Notwithstanding the provisions
of this paragraph, the commissioner shall not approve  reimbursement  to
municipal  facilities,  not-for-profit  organizations, pounds, shelters,
duly incorporated societies for the prevention of  cruelty  to  animals,
humane  societies  or  dog  or cat protective associations except to the
extent that they shall have performed spay/neuter procedures  in  excess
of  the  number  of  such  procedures done by it during nineteen hundred
ninety-four.
  5. The commissioner may solicit and accept funds from  any  public  or
private source to help carry out the provisions of this section.
  6.  All  fees  collected  pursuant  to this section and paragraph c of
subdivision four of section one hundred ten of  this  article  shall  be
deposited  in  a  miscellaneous special revenue fund known as the animal
population control fund. An amount not to exceed fifteen percent of  the
balance  of  the  fund  at  the beginning of each fiscal year, following
appropriation by the legislature and allocation by the director  of  the
budget,  shall  be  available  for  the  purposes  of implementation and
promotion of the program. Such promotion  shall  include  educating  the
public  about  the  benefits  associated with spaying and neutering. The
remaining monies shall be used  exclusively  for  the  reimbursement  to
participating  veterinarians  pursuant  to  paragraph (b) of subdivision
four of this section.
  7. The commissioner shall,  in  consultation  with  such  professional
organizations  as  the commissioner deems appropriate, develop a list of
veterinarians approved by the commissioner to participate  in  the  low-
cost  spay/neuter  program  who provide care, including, but not limited
to, spay/neuter procedures, to dogs and cats. Any  otherwise  qualifying
pound,  shelter, duly incorporated society for the prevention of cruelty
to animals, humane society, or dog or cat protective  association  shall
distribute such list of approved veterinarians to persons adopting a dog
or  a  cat  as  a  precondition  to  reimbursement  under  the  low-cost
spay/neuter program established in this section.  In  addition  to  such
distribution,  such  pound,  shelter,  duly incorporated society for the
prevention of cruelty to animals, humane society or dog or  cat  protec-
tive association shall not discriminate against any veterinarian on such
list or directly or indirectly require, direct or recommend the utiliza-
tion  or  non-utilization of any such veterinarian for any procedure for
which reimbursement is to be sought under this program.  Such  discrimi-
nation  may,  in  the discretion of the commissioner, constitute grounds
for the revocation of the right of such facility to participate  in  the
program].
  5.  ANY  COUNTY  IS  HEREBY  AUTHORIZED  TO ESTABLISH AND IMPLEMENT AN
ANIMAL POPULATION CONTROL PROGRAM WITHIN ITS  JURISDICTION.  ANY  COUNTY
CREATING  ITS OWN PROGRAM MAY SUBMIT A PLAN TO THE ADMINISTRATIVE ENTITY
FOR SUCH PROGRAM FOR APPROVAL AND TO RECEIVE  FUNDING  FROM  THE  ANIMAL

S. 6609--B                         25                         A. 9709--C

POPULATION  CONTROL  PROGRAM. SUCH PLAN SHALL INCLUDE BUT NOT BE LIMITED
TO THE CRITERIA DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION  TWO  OF  THIS
SECTION.
  6.  ANY  COUNTY  WHICH  HAS  CREATED  ITS  OWN PROGRAM, WHICH HAS BEEN
APPROVED BY THE ADMINISTRATIVE ENTITY  PURSUANT  TO  THIS  SECTION,  MAY
RECEIVE  THE  FUNDS  COLLECTED  BY  THE MUNICIPALITIES WITHIN THE COUNTY
PURSUANT TO SUBDIVISION THREE OF SECTION ONE HUNDRED TEN OF THIS ARTICLE
FOR THE SOLE PURPOSE OF ADMINISTERING SUCH PROGRAM. SUCH COUNTY  PROGRAM
SHALL  BE  SUBJECT  TO  THIS ARTICLE AND THE TERMS AND CONDITIONS OF THE
ANIMAL POPULATION CONTROL PROGRAM, AS MAY BE AMENDED FROM TIME TO TIME.
  7. ANY MUNICIPALITY WITHIN A COUNTY THAT DOES NOT HAVE ITS OWN PROGRAM
APPROVED BY THE ADMINISTRATIVE ENTITY PURSUANT  TO  SUBDIVISION  TWO  OF
THIS  SECTION  MUST  SUBMIT  THE FUNDS COLLECTED PURSUANT TO SUBDIVISION
THREE OF SECTION ONE HUNDRED TEN OF THIS ARTICLE  TO  THE  ANIMAL  POPU-
LATION  CONTROL  FUND  PURSUANT  TO SECTION NINETY-SEVEN-XX OF THE STATE
FINANCE LAW.
  8. IN THE ABSENCE OF A COUNTY ANIMAL POPULATION CONTROL PROGRAM, ENTI-
TIES DESCRIBED BELOW WITHIN SUCH COUNTY MAY, PURSUANT TO SUBDIVISION TWO
OF THIS SECTION, APPLY FOR FUNDS FROM THE ANIMAL POPULATION CONTROL FUND
DESCRIBED IN SECTION NINETY-SEVEN-XX OF THE STATE FINANCE  LAW  FOR  THE
SOLE  PURPOSE  OF  PROVIDING  LOW-COST SPAY AND NEUTER SERVICES IN THEIR
SERVICE AREA. IN THE EVENT THAT THE SERVICE AREA  OF  AN  ENTITY  ENCOM-
PASSES  TWO  OR MORE COUNTIES, SUCH ENTITY MAY APPLY AND RECEIVE FUNDING
FROM THE ANIMAL POPULATION CONTROL FUND TO SERVE SUCH PORTION  OF  THEIR
SERVICE AREA THAT IS NOT COVERED BY AN EXISTING COUNTY ANIMAL POPULATION
CONTROL  PROGRAM.  SUCH ENTITIES SHALL INCLUDE POUNDS, DULY INCORPORATED
SOCIETIES FOR THE PREVENTION OF CRUELTY TO  ANIMALS,  DULY  INCORPORATED
HUMANE  SOCIETIES,  DULY INCORPORATED ANIMAL PROTECTIVE ASSOCIATIONS AND
DULY INCORPORATED NONPROFIT CORPORATIONS THAT HAVE RECEIVED  DESIGNATION
AS A 501(C)(3) ORGANIZATION BY THE INTERNAL REVENUE SERVICE, WHICH ENTI-
TIES  ARE OPERATING AS ANIMAL RESCUE OR ADOPTION ORGANIZATIONS. ANY SUCH
ENTITY MUST ALSO BE IN GOOD STANDING WITH THE CHARITIES  BUREAU  OF  THE
OFFICE OF THE ATTORNEY GENERAL AND WITH THE SECRETARY OF STATE.
  9.  THE  ADMINISTRATIVE  ENTITY SHALL ESTABLISH REPORTING REQUIREMENTS
FOR ANY ENTITY AWARDED FUNDING THROUGH  THE  ANIMAL  POPULATION  CONTROL
PROGRAM,  AND  ANY  OTHER  PROTOCOLS NECESSARY TO ENSURE APPROPRIATE AND
EFFECTIVE USE OF MONIES DISBURSED PURSUANT TO THIS SECTION.
  S 12. Section 118 of the agriculture and  markets  law  is  renumbered
section  117 and subdivisions 1, 4, 5 and 7, subdivision 1 as amended by
chapter 843 of the laws of 1980, paragraphs (c) and (d) of subdivision 1
as added by chapter 530 of the laws of 1997 and the closing paragraph of
subdivision 1 as amended by chapter 392 of the laws  of  2004,  subdivi-
sions  4 and 5 as added by chapter 220 of the laws of 1978, and subdivi-
sion 7 as amended by chapter 645 of the laws of  1988,  are  amended  to
read as follows:
  1.  Any  dog  control officer or peace officer, acting pursuant to his
special duties, or police officer in the employ of or under contract  to
a municipality shall seize:
  (a)  any  dog  which is not identified and which is not on the owner's
premises; [and]
  (b) any dog which is not licensed, whether on or off the owner's prem-
ises[.];
  (c) any licensed dog which is not in  the  control  of  its  owner  or
custodian  or  not  on  the premises of the dog's owner or custodian, if
there is probable cause to believe the dog is [a] dangerous [dog.]; AND
  (d) any dog which poses an immediate threat to the public safety.

S. 6609--B                         26                         A. 9709--C

  Promptly upon  seizure  the  dog  control  officer  shall  commence  a
proceeding  as  provided  for in subdivision two of section [one hundred
twenty-one] ONE HUNDRED TWENTY-THREE of this article.
  4. Each dog which is not identified, whether or not licensed, shall be
held  for  a period of five days from the day seized during which period
the dog may be redeemed by its owner, provided that such owner  produces
proof that the dog has been licensed and has been identified pursuant to
the  provisions of this article and further provided that the owner pays
the following impoundment fees:
  (a) NOT LESS THAN ten dollars for the first  impoundment  of  any  dog
owned by that person;
  (b)  NOT  LESS  THAN twenty dollars for the first twenty-four hours or
part thereof and three dollars for each additional twenty-four hours  or
part  thereof  for  the second impoundment, within one year of the first
impoundment, of any dog owned by that person; or
  (c) NOT LESS THAN thirty dollars for the first  twenty-four  hours  or
part  thereof and three dollars for each additional twenty-four hours or
part thereof for the third and subsequent impoundments, within one  year
of the first impoundment, of any dog owned by that person.
  The  impoundment fees set forth in paragraphs (a), (b) and (c) of this
subdivision notwithstanding, any municipality may set by  local  law  or
ordinance such fees in any amount.
  5.  All  impoundment fees shall be the property of the municipality to
which they are paid and shall be used  only  for  controlling  dogs  and
enforcing  this  article and any rule, regulation, or local law or ordi-
nance adopted pursuant thereto, including  subsidizing  the  spaying  or
neutering  of  dogs  and  any  facility as authorized under section [one
hundred seventeen] ONE HUNDRED SIXTEEN of this  article  used  therefor,
and  subsidizing  public  humane  education  programs in responsible dog
ownership.
  7. An owner shall forfeit title to any dog unredeemed at  the  expira-
tion  of  the  appropriate  redemption period, and the dog shall then be
made available for adoption or euthanized subject to the  provisions  of
subdivisions  two-a,  two-b,  two-c,  two-d,  and two-e of section three
hundred seventy-four of this chapter.  [Provided  that  no  dog  in  the
custody  of a pound or shelter shall be delivered for adoption unless it
has been licensed pursuant to the provisions of this  article  prior  to
its  release  from  the custody of a pound or shelter.] Any municipality
may by local  law  or  ordinance  establish  additional  conditions  for
adoption  including the requirement that adopted dogs shall be spayed or
neutered before or after release from custody upon such terms and condi-
tions as the municipality may establish.
  S 13. Subdivision 7 of section 117 of the agriculture and markets law,
as amended by chapter 479 of the laws of 2009, such  section  as  renum-
bered by section twelve of this act, is amended to read as follows:
  7.  An  owner shall forfeit title to any dog unredeemed at the expira-
tion of the appropriate redemption period, and the  dog  shall  then  be
made  available  for adoption or euthanized subject to subdivisions six,
eight and nine of this section and subject to the provisions of  section
three hundred seventy-four of this chapter. [Provided that no dog in the
custody  of a pound or shelter shall be delivered for adoption unless it
has been licensed pursuant to the provisions of this  article  prior  to
its  release  from  the custody of a pound or shelter.] Any municipality
may by local  law  or  ordinance  establish  additional  conditions  for
adoption  including the requirement that adopted dogs shall be spayed or

S. 6609--B                         27                         A. 9709--C

neutered before or after release from custody upon such terms and condi-
tions as the municipality may establish.
  S  14.  Section  119  of  the agriculture and markets law, as added by
chapter 220 of the laws of 1978,  paragraph  (c)  of  subdivision  1  as
amended by chapter 404 of the laws of 1986, paragraph (g) of subdivision
1  as amended and paragraph (h) of subdivision 1 as added by chapter 263
of the laws of 2000, subdivision 2 as amended by chapter 221 of the laws
of 1978, subdivision 3 as added and subdivision 4 as renumbered by chap-
ter 714 of the laws of 1980, subdivisions 5 and 6 as  added  by  chapter
473  of  the  laws  of  1995, paragraphs (a) and (b) of subdivision 5 as
amended by chapter 534 of the laws of 2005 and subdivision 7 as added by
chapter 494 of the laws of 2002, is renumbered section 118  and  amended
to read as follows:
  S 118. Violations.  1. It shall be a violation, punishable as provided
in subdivision two of this section, for:
  (a) any owner to fail to license any dog;
  (b) any owner to fail to have any dog identified as required  by  this
article;
  (c)  any  person  to  knowingly affix to any dog any false or improper
identification tag, special identification tag  for  identifying  guide,
service or hearing dogs or purebred license tag;
  [(f)]  (D)  any  owner  or  custodian  of  any dog to fail to confine,
restrain or present such dog for any lawful  purpose  pursuant  to  this
article;
  [(g)] (E) any person to furnish any false or misleading information on
any  form required to be filed with any municipality [or the commission-
er] pursuant to the provisions of this article or rules and  regulations
promulgated pursuant thereto;
  [(h)]  (F)  the  owner or custodian of any dog to fail to exercise due
diligence in handling his or her dog if the handling results in harm  to
another dog that is a guide, hearing or service dog[.];
  (G) ANY OWNER OF A DOG TO FAIL TO NOTIFY THE MUNICIPALITY IN WHICH HIS
OR HER DOG IS LICENSED OF ANY CHANGE OF OWNERSHIP OR ADDRESS AS REQUIRED
BY SECTION ONE HUNDRED TWELVE OF THIS ARTICLE.
  2. It shall be the duty of the dog control officer of any municipality
to  bring  an  action  against  any person who has committed within such
municipality any violation set forth in subdivision one of this section.
Any municipality  may  elect  either  to  prosecute  such  action  as  a
violation  under  the  penal  law  or to commence an action to recover a
civil penalty.
  A violation of this section shall be punishable, subject  to  such  an
election, either:
  (a)  where  prosecuted  pursuant  to  the  penal law, by a fine of not
[more] LESS than twenty-five dollars, except that (i) where  the  person
was  found to have violated this section or former article seven of this
chapter within the preceding five years, the fine may be not [more] LESS
than fifty dollars, and (ii) where the person was found to have  commit-
ted  two  or  more  such  violations within the preceding five years, it
shall be punishable by a fine  of  not  [more]  LESS  than  one  hundred
dollars or imprisonment for not more than fifteen days, or both; or
  (b)  where  prosecuted  as  an action to recover a civil penalty, by a
civil penalty of not [more] LESS than twenty-five dollars,  except  that
(i)  when the person was found to have violated this section or [former]
THIS article [seven of this chapter] within the  preceding  five  years,
the  civil  penalty  may be not [more] LESS than fifty dollars, and (ii)
where the person was found to have committed two or more such violations

S. 6609--B                         28                         A. 9709--C

within the preceding five years, the civil penalty  may  be  not  [more]
LESS than one hundred dollars.
  3. A defendant charged with a violation of any provision of this arti-
cle  or  any  local  law  or  ordinance promulgated pursuant thereto may
[himself] plead guilty to the charge in open court. He OR SHE  may  also
submit to the magistrate having jurisdiction, in person, by duly author-
ized agent, or by registered mail, a statement (a) that he OR SHE waives
arraignment  in  open  court  and the aid of counsel, (b) that he OR SHE
pleads guilty to the offense charged, (c) that  he  OR  SHE  elects  and
requests that the charge be disposed of and the fine or penalty fixed by
the  court,  (d)  of  any  explanation  that  he  OR SHE desires to make
concerning the offense charged, and (e) that he OR SHE makes all  state-
ments  under penalty of perjury. Thereupon the magistrate may proceed as
though the defendant had been convicted upon a plea of  guilty  in  open
court,  provided  however,  that any imposition of fine or penalty here-
under shall be deemed tentative until such fine or  penalty  shall  have
been  paid  and  discharged  in  full.  If upon receipt of the aforesaid
statement the magistrate shall deny the same, he OR SHE shall  thereupon
notify  the  defendant  of  this fact, and that he OR SHE is required to
appear before the said magistrate at a stated time and place  to  answer
the  charge which shall thereafter be disposed of pursuant to the appli-
cable provisions of law.
  4. [Any person who shall violate any other provision of  this  article
or  rules  and regulations promulgated pursuant thereto shall be subject
to the penalty provisions of sections  thirty-nine  and  forty  of  this
chapter,  but  not  section  forty-one  of this chapter. Such violations
shall include, but not be limited to, the following:
  (a) failure of any owner of record to notify the commissioner  of  any
change  of ownership or address as required by section one hundred thir-
teen of this article;
  (b) failure of any person to perform any other duty or carry  out  any
other  requirement imposed pursuant to the provisions of this article or
the rules and regulations promulgated pursuant thereto.  Each  day  that
failure continues shall constitute a separate violation.
  5.  For the purpose of participating in the "animal population control
program" established under section one hundred seventeen-a of this arti-
cle, it shall be a violation punishable as provided in  subdivision  six
of this section, for:
  (a)  any  person  to  falsify proof of adoption from a pound, shelter,
duly incorporated society for the  prevention  of  cruelty  to  animals,
humane  society or dog or cat protective association or to falsify proof
of participation in any of the programs enumerated in paragraph  (b)  of
subdivision two of section one hundred seventeen-a of this article;
  (b) any person to furnish any licensed veterinarian of this state with
inaccurate  information concerning his or her residency or the ownership
of an animal or such person's authority to submit an animal for a  spay-
ing  or  neutering procedure pursuant to section one hundred seventeen-a
of this article or to knowingly furnish the department or  any  licensed
veterinarian of this state with inaccurate information concerning his or
her  participation in any of the programs enumerated in paragraph (b) of
subdivision two of section one hundred seventeen-a of this article;
  (c) any licensed veterinarian to furnish the commissioner  with  false
information concerning an animal sterilization fee schedule or an animal
sterilization  certificate  submitted  pursuant  to  subdivision four of
section one hundred seventeen-a of this article.

S. 6609--B                         29                         A. 9709--C

  6. Any person or veterinarian who violates the provisions of  subdivi-
sion  five  of this section or any rule or regulation promulgated by the
commissioner to carry out the provisions of section one  hundred  seven-
teen-a  of  this article shall be subject to a fine of not more than two
hundred  fifty  dollars  where  prosecuted pursuant to the penal law, or
where prosecuted as an action to recover a civil  penalty  of  not  more
than two hundred fifty dollars.
  7.]  Any  person  who  intentionally  refuses,  withholds, or denies a
person, because [they are] HE OR SHE IS accompanied by an on-duty police
work dog, working search, war, or detection dog as  defined  in  section
one  hundred  eight  of this article, any accommodations, facilities, or
privileges thereof shall be subject to a civil  penalty  of  up  to  two
hundred  dollars  for the first violation and up to four hundred dollars
for each subsequent violation.
  5. ANY PERSON WHO FOR THE PURPOSE OF PARTICIPATING IN THE ANIMAL POPU-
LATION CONTROL PROGRAM SHALL FALSIFY PROOF OF  ADOPTION  FROM  A  POUND,
SHELTER,  DULY  INCORPORATED  SOCIETY  FOR  THE PREVENTION OF CRUELTY TO
ANIMALS, DULY INCORPORATED HUMANE SOCIETY OR DULY  INCORPORATED  DOG  OR
CAT PROTECTIVE ASSOCIATION OR WHO SHALL FURNISH ANY LICENSED VETERINARI-
AN OF THIS STATE WITH INACCURATE INFORMATION CONCERNING HIS OR HER RESI-
DENCY OR THE OWNERSHIP OF AN ANIMAL OR SUCH PERSON'S AUTHORITY TO SUBMIT
AN  ANIMAL  FOR A SPAYING OR NEUTERING PROCEDURE PURSUANT TO SECTION ONE
HUNDRED SEVENTEEN-A OF THIS ARTICLE,  AND  ANY  VETERINARIAN  WHO  SHALL
FURNISH  FALSE INFORMATION CONCERNING ANIMAL STERILIZATION FEES SHALL BE
GUILTY OF A VIOLATION PUNISHABLE BY A FINE OF NOT LESS THAN TWO  HUNDRED
FIFTY DOLLARS WHERE PROSECUTED PURSUANT TO THE PENAL LAW, OR WHERE PROS-
ECUTED  AS  AN  ACTION  TO  RECOVER A CIVIL PENALTY OF NOT MORE THAN TWO
HUNDRED FIFTY DOLLARS.
  S 15. Section 120 of the agriculture and  markets  law,  as  added  by
chapter  220  of the laws of 1978, is renumbered section 119 and amended
to read as follows:
  S 119. Disposition of fines. Notwithstanding any  other  provision  of
law, all moneys collected as fines or penalties by any municipality as a
result of any prosecution for violations of the provisions of this arti-
cle  or  any  local law or ordinance and all bail forfeitures by persons
charged with such violations shall be the property of  the  municipality
and  shall  be  paid to the financial officer of such municipality. Such
moneys shall be used only for controlling dogs and enforcing this  arti-
cle and any rule, regulation, or local law or ordinance adopted pursuant
thereto,  including subsidizing the spaying or neutering of dogs and any
facility as authorized under section [one hundred seventeen] ONE HUNDRED
SIXTEEN of this article used therefor,  and  subsidizing  public  humane
education programs in responsible dog ownership.
  S  16.  Section  122  of the agriculture and markets law is renumbered
section 120.
  S 17. Section 123 of the agriculture and  markets  law  is  renumbered
section 121.
  S  18.  Section  121  of the agriculture and markets law is renumbered
section 123, and subdivisions 1 and 2, as amended by chapter 392 of  the
laws of 2004, are amended to read as follows:
  1.  Any person who witnesses an attack or threatened attack, or in the
case of a minor, an adult acting on behalf of such  minor,  may  make  a
complaint  of  an  attack  or threatened attack upon a person, companion
animal AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS  CHAPTER,  farm
animal  as  defined  in  [subdivision  twenty-four of] SUCH section [one
hundred eight of this article] THREE HUNDRED FIFTY, or a domestic animal

S. 6609--B                         30                         A. 9709--C

as defined in subdivision seven of section one  hundred  eight  of  this
article  to  a  dog control officer or police officer of the appropriate
municipality. Such officer shall immediately inform the  complainant  of
his OR HER right to commence a proceeding as provided in subdivision two
of  this section and, if there is reason to believe the dog is a danger-
ous dog, the officer shall forthwith commence such proceeding himself OR
HERSELF.
  2. Any person who witnesses an attack or threatened attack, or in  the
case  of  a minor, an adult acting on behalf of such minor, may, and any
dog control officer or police officer as provided in subdivision one  of
this  section  shall,  make a complaint under oath or affirmation to any
municipal judge or justice of such attack or threatened attack.   There-
upon, the judge or justice shall immediately determine if there is prob-
able cause to believe the dog is a dangerous dog and, if so, shall issue
an  order  to any dog control officer, peace officer, acting pursuant to
his OR HER special duties, or police officer directing such  officer  to
immediately  seize  such dog and hold the same pending judicial determi-
nation as provided in this section. Whether or not the judge or  justice
finds  there is probable cause for such seizure, he OR SHE shall, within
five days and upon written notice of not less than two days to the owner
of the dog, hold a hearing on the complaint. The petitioner  shall  have
the  burden  at  such  hearing  to prove the dog is a "dangerous dog" by
clear and convincing evidence. If satisfied that the dog is a  dangerous
dog,  the  judge or justice shall then order neutering or spaying of the
dog, microchipping of the dog and one or more of the following as deemed
appropriate under the circumstances and  as  deemed  necessary  for  the
protection of the public:
  (a)  evaluation of the dog by a certified applied behaviorist, a board
certified veterinary behaviorist, or another recognized  expert  in  the
field  and completion of training or other treatment as deemed appropri-
ate by such expert. The owner of the dog shall be  responsible  for  all
costs  associated  with  evaluations  and  training  ordered  under this
section;
  (b) secure, humane confinement of the dog for a period of time and  in
a  manner  deemed  appropriate  by  the  court but in all instances in a
manner designed to: (1) prevent escape  of  the  dog,  (2)  protect  the
public  from  unauthorized  contact with the dog, and (3) to protect the
dog from the elements pursuant to section three hundred fifty-three-b of
this chapter. Such confinement shall  not  include  lengthy  periods  of
tying or chaining;
  (c) restraint of the dog on a leash by an adult of at least twenty-one
years of age whenever the dog is on public premises;
  (d)  muzzling  the  dog  whenever it is on public premises in a manner
that will prevent it from biting any person or animal,  but  that  shall
not injure the dog or interfere with its vision or respiration; or
  (e)  maintenance  of  a liability insurance policy in an amount deter-
mined by the court, but in no event in excess of  one  hundred  thousand
dollars  for  personal  injury or death resulting from an attack by such
dangerous dog.
  S 19. Section 121-a of the agriculture and markets law  is  renumbered
section 123-a.
  S  20.  Section 121-b of the agriculture and markets law is renumbered
section 123-b.
  S 21. Section 124 of the agriculture and  markets  law  is  renumbered
section 122 and subdivision 1 of such section, as amended by chapter 714
of the laws of 1980, is amended to read as follows:

S. 6609--B                         31                         A. 9709--C

  1.  Any municipality may enact a local law or ordinance upon the keep-
ing or running at large of dogs and the  seizure  thereof,  provided  no
municipality  shall  vary, modify, enlarge or restrict the provisions of
this article relating to [identification, licensing,] rabies vaccination
and euthanization.
  S 21-a. Section 125 of the agriculture and markets law is REPEALED.
  S  22.  Section  126  of  the agriculture and markets law, as added by
chapter 220 of the laws of 1978, is renumbered section 124  and  amended
to read as follows:
  S 124. [Duties and powers] POWERS of commissioner. [1. The commission-
er shall:
  (a) supervise the enforcement of this article;
  (b) maintain a central registry of official identification numbers;
  (c)  prescribe  the  form of all notices, reports and other papers and
documents required by this article and the rules and regulations promul-
gated pursuant thereto; and
  (d) prescribe the manner in which all reports required by this article
and the rules or regulations promulgated thereto are  to  be  filed  and
maintained, and all licenses issued or validated; and
  (e)  furnish  all  forms  and other supplies, including identification
tags and preprinted license applications, necessary for the  implementa-
tion  and  enforcement  of  this  article  and the rules and regulations
promulgated pursuant thereto; and
  (f) supply, for identification purposes, names and addresses of owners
of record of identified dogs immediately upon request; and
  (g) furnish such information and assistance to dog control officers as
he deems necessary for enforcement purposes.
  2.] The commissioner is hereby authorized to:
  (a) promulgate, after public hearing, such rules  and  regulations  as
are  necessary  to  supplement and give full effect to the provisions of
SECTIONS ONE HUNDRED THIRTEEN, ONE  HUNDRED  FOURTEEN  AND  ONE  HUNDRED
SEVENTEEN OF this article; and
  (b)  exercise all other powers and functions as are necessary to carry
out the duties and purposes set forth in SECTIONS ONE HUNDRED  THIRTEEN,
ONE HUNDRED FOURTEEN AND ONE HUNDRED SEVENTEEN OF this article.
  S 23. Subdivision 5 of section 373 of the agriculture and markets law,
as  amended  by  chapter  674 of the laws of 1980, is amended to read as
follows:
  5. Nothing herein contained  shall  restrict  the  rights  and  powers
derived  from  section  one hundred [eighteen] SEVENTEEN of this chapter
relating to seizure of unlicensed dogs and the disposition to be made of
animals so seized or taken, nor those derived from any other general  or
special  law  relating  to the seizure or other taking of dogs and other
animals by a society for the prevention of cruelty to animals.
  S 24. Subparagraph 2 of paragraph b of subdivision 6 of section 373 of
the agriculture and markets law, as amended by chapter 256 of  the  laws
of 1997, is amended to read as follows:
  (2)  If the court orders the posting of a security, the security shall
be posted with the clerk of the court within five business days  of  the
hearing  provided  for  in subparagraph one of this paragraph. The court
may order the immediate forfeiture of the seized animal to the  impound-
ing  organization if the person ordered to post the security fails to do
so. Any animal forfeited shall be made available for adoption or euthan-
ized subject to subdivision seven-a of section  one  hundred  [eighteen]
SEVENTEEN  of this chapter or section three hundred seventy-four of this
article.

S. 6609--B                         32                         A. 9709--C

  S 25. Paragraph (d) of subdivision 2 of section 209-cc of the  general
municipal law, as amended by chapter 392 of the laws of 2004, is amended
to read as follows:
  (d)  the  term "dangerous dog" means a dog found dangerous pursuant to
the provisions of section one hundred [twenty-one] TWENTY-THREE  of  the
agriculture and markets law.
  S  26. Section 97-xx of the state finance law, as added by chapter 473
of the laws of 1995, is amended to read as follows:
  S 97-xx. Animal population control fund. 1.  There  is  hereby  estab-
lished in the joint custody of the state comptroller and the commission-
er  of taxation and finance a fund to be known as the "animal population
control fund".
  2. Such fund shall consist of all moneys collected pursuant to  [para-
graph  c  of] subdivision [four] THREE of section one hundred ten of the
agriculture and markets law,  [subdivision  five  of]  AND  section  one
hundred  seventeen-a  of  the  agriculture and markets law, [and section
three-a of chapter one hundred fifteen of the laws of  eighteen  hundred
ninety-four,]  and all other moneys credited or transferred thereto from
any other fund or source pursuant to law.
  3. Moneys of the fund shall be expended for the purposes  of  carrying
out the provisions of section one hundred seventeen-a of the agriculture
and  markets  law. Moneys shall be paid out of the fund on the audit and
warrant of the state comptroller [on vouchers approved  by  the  commis-
sioner  of agriculture and markets] PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION. Any interest received by the comptroller on moneys  on  deposit
in  the  animal  population control fund shall be retained in and become
part of such fund.
  4. THE COMPTROLLER SHALL DISPERSE THE FULL BALANCE  OF  FUNDS  ACCRUED
PURSUANT  TO SUBDIVISION TWO OF THIS SECTION TO THE ADMINISTERING ENTITY
SELECTED PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED  SEVENTEEN-A
OF THE AGRICULTURE AND MARKETS LAW ON A QUARTERLY BASIS FOR THE PURPOSES
OF  ADMINISTERING  THE  ANIMAL  POPULATION  CONTROL  PROGRAM ESTABLISHED
PURSUANT TO SUCH SECTION.
  S 27. The administrative code of the city of New York  is  amended  by
adding a new section 17-811 to read as follows:
  S  17-811  ANIMAL  POPULATION  CONTROL  PROGRAM.  THE DEPARTMENT SHALL
PROMULGATE RULES AND REGULATIONS TO ESTABLISH AND  IMPLEMENT  AN  ANIMAL
POPULATION  CONTROL  PROGRAM  WITHIN  ONE  HUNDRED  EIGHTY DAYS FROM THE
EFFECTIVE DATE OF THIS SECTION. THE PURPOSE OF THIS PROGRAM SHALL BE  TO
REDUCE  THE  POPULATION OF UNWANTED STRAY DOGS AND CATS THEREBY REDUCING
POTENTIAL THREATS TO PUBLIC HEALTH AND SAFETY AND REDUCING THE COSTS  OF
CARING  FOR  THESE  ANIMALS.  THIS  PROGRAM SHALL SEEK TO ACCOMPLISH ITS
PURPOSE BY ENCOURAGING RESIDENTS OF THE CITY OF NEW  YORK  WHO  ARE  THE
OWNERS  OF DOGS AND CATS TO HAVE THEM SPAYED OR NEUTERED BY PROVIDING NO
OR LOW-COST SPAYING AND NEUTERING SERVICES TO SUCH OWNERS.  THE  DEPART-
MENT  SHALL  PROMULGATE  RULES AND REGULATIONS NECESSARY TO ESTABLISH AN
ANIMAL POPULATION CONTROL PROGRAM INCLUDING, BUT NOT LIMITED, TO  CREAT-
ING  CLINICS  OR MOBILE UNITS WHERE SUCH SERVICES SHALL BE PERFORMED AND
ESTABLISHING CRITERIA FOR PET OWNER ELIGIBILITY TO  USE  SUCH  SERVICES.
INDICIA  OF  ELIGIBILITY  FOR PET OWNERS SEEKING NO OR LOW-COST SPAY AND
NEUTER SERVICES SHALL INCLUDE BUT NOT BE LIMITED TO ANY CRITERIA  DEEMED
ACCEPTABLE  BY  THE  AGENCIES PERFORMING THE SERVICES.  THE COMMISSIONER
MAY SOLICIT AND ACCEPT FUNDS FROM THE  ANIMAL  POPULATION  CONTROL  FUND
ESTABLISHED  PURSUANT  TO  SECTION  17-812 OF THIS CHAPTER AND ANY OTHER
PUBLIC OR PRIVATE SOURCE TO  HELP  CARRY  OUT  THE  PROVISIONS  OF  THIS
SECTION.

S. 6609--B                         33                         A. 9709--C

  S  28.  The  administrative code of the city of New York is amended by
adding a new section 17-812 to read as follows:
  S  17-812  ANIMAL  POPULATION  CONTROL FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE CITY COMPTROLLER AND COMMISSIONER  OF
FINANCE A FUND TO BE KNOWN AS THE "ANIMAL POPULATION CONTROL FUND" WHICH
SHALL  BE  USED  BY  THE DEPARTMENT TO SUBSIDIZE THE CITY'S ANIMAL POPU-
LATION CONTROL PROGRAM AS ESTABLISHED BY SECTION 17-811 OF THIS CHAPTER.
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS  COLLECTED  FROM  THE  ANIMAL
POPULATION  CONTROL  PROGRAM  ESTABLISHED  PURSUANT TO SECTION 17-811 OF
THIS CHAPTER AND SECTION THREE-A OF CHAPTER ONE HUNDRED FIFTEEN  OF  THE
LAWS  OF  EIGHTEEN HUNDRED NINETY-FOUR, AND ALL OTHER MONEYS CREDITED OR
TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3. MONEYS OF THE FUND SHALL BE MADE AVAILABLE TO  THE  DEPARTMENT  AND
SHALL  BE  EXPENDED  FOR  THE PURPOSES OF CARRYING OUT ANIMAL POPULATION
CONTROL PROGRAMS PURSUANT TO THE PROVISIONS OF SECTION  17-811  OF  THIS
CHAPTER.  MONEYS  SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT
OF THE CITY COMPTROLLER AND APPROVED BY THE COMMISSIONER.  ANY  INTEREST
RECEIVED  BY  THE  CITY  COMPTROLLER  ON MONEYS ON DEPOSIT IN THE ANIMAL
POPULATION CONTROL FUND SHALL BE RETAINED IN AND  BECOME  PART  OF  SUCH
FUND.
  S  29.  Section 3-a of chapter 115 of the laws of 1894 relating to the
better protection of lost and  strayed  animals  and  for  securing  the
rights of owners thereof, as amended by chapter 180 of the laws of 2002,
is amended to read as follows:
  S 3-a. In addition to the fee charged pursuant to sections one and two
of  this  chapter, any person applying for a dog license shall pay a fee
of three dollars, OR SUCH GREATER AMOUNT AS DETERMINED BY THE CITY COUN-
CIL OR THE BOARD OF HEALTH IN THE CODE OF SUCH CITY, for  any  dog  four
months  of  age or older which has not been spayed or neutered unless an
owner presents with the license application a statement certified  by  a
licensed  veterinarian  stating  that he or she has examined the dog and
found that because of old age or other reasons,  the  life  of  the  dog
would be endangered by spaying or neutering. All fees collected pursuant
to the provisions of this section shall be forwarded to the [state] CITY
comptroller  for  deposit  in the animal population control fund created
pursuant to section [97-xx of the state finance law and section 117-a of
the agriculture and markets law] 17-812 OF THE  ADMINISTRATIVE  CODE  OF
THE CITY OF NEW YORK.
  S  30. Any unspent moneys collected in prior fiscal years attributable
to dog licensing fees in cities having a population of  two  million  or
more and collected and deposited in the New York state animal population
control fund pursuant to section 97-xx of the state finance law shall be
transferred  to  and  retained  in  the  animal  population control fund
created pursuant to section 17-812 of the  administrative  code  of  the
city of New York as added by section twenty-eight of this act.
  S  31. Any funds in the state animal population control fund described
in section 97-xx of the state finance law as of the  effective  date  of
this  act  that  were  derived  from  cities  having a population of two
million or more shall be transferred to the  animal  population  control
fund  as  described  in section 17-812 of the administrative code of the
city of New York as added by section twenty-eight of this  act,  to  the
extent practicable.
  S  32.  Section  9  of chapter 115 of the laws of 1894 relating to the
better protection of lost and strayed  animals,  and  for  securing  the
rights of owners thereof, as amended by chapter 473 of the laws of 1995,
is amended to read as follows:

S. 6609--B                         34                         A. 9709--C

  S  9.  Any  person or persons, who shall hinder or molest or interfere
with any officer or agent of said society in the performance of any duty
enjoined by this act, or who shall use a license tag on a dog for  which
it  was  not issued, shall be deemed guilty of a misdemeanor. Any person
who  owns or harbors a dog without complying with the provisions of this
act shall be deemed guilty of disorderly conduct,  and  upon  conviction
thereof  before  any  magistrate shall be fined for such offense any sum
not exceeding ten dollars, and in default of payment of such fine may be
committed to prison by such magistrate until the same be paid, but  such
imprisonment  shall  not exceed ten days. Any person who for the purpose
of participating in the "animal population control program" shall falsi-
fy proof of adoption from a pound, shelter,  duly  incorporated  society
for  the  prevention of cruelty to animals, humane society or dog or cat
protective association or who shall furnish any licensed veterinarian of
this state with inaccurate information concerning his or  her  residency
or  the  ownership  of an animal or such person's authority to submit an
animal for a spaying or  neutering  procedure  ESTABLISHED  pursuant  to
section  [117-a of the agriculture and markets law] 17-812 OF THE ADMIN-
ISTRATIVE CODE OF THE CITY OF NEW YORK and any  veterinarian  who  shall
furnish  [the  commissioner with] false information concerning an animal
sterilization  fee  schedule  or  an  animal  sterilization  certificate
[submitted pursuant to subdivision 4 of section 117-a of the agriculture
and  markets law] shall be guilty of a violation punishable by a fine of
not more than two hundred fifty dollars where prosecuted pursuant to the
penal law, or where prosecuted as an action to recover a  civil  penalty
of not more than two hundred fifty dollars.
  S  33.  This  act shall take effect January 1, 2011; provided, however
that if chapter 479 of the laws of 2009 is not in effect  on  such  date
then section thirteen of this act shall take effect on the same date and
in the same manner as such chapter takes effect.

                                 PART U

  Intentionally omitted.

                                 PART V

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, expenses of the department of health public service  education
program  incurred  pursuant  to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2010.

                                 PART W

  Intentionally omitted.

                                 PART X

  Intentionally omitted.

                                 PART Y

S. 6609--B                         35                         A. 9709--C

  Section 1. Section 159-i of the executive law, as amended by section 4
of  part  R  of  chapter  59  of the laws of 2009, is amended to read as
follows:
  S  159-i.  Distribution of funds. For federal fiscal year two thousand
[ten] ELEVEN at least ninety percent of  the  community  services  block
grant  funds  received  by  the state shall be distributed pursuant to a
contract by the secretary to eligible entities as defined in subdivision
one of section one hundred  fifty-nine-e  of  this  article.  Each  such
eligible  entity shall receive the same proportion of community services
block grant funds as was the proportion of funds received in  the  imme-
diately  preceding  federal  fiscal  year  under  the  federal community
services block grant program as compared to the total amount received by
all eligible entities in the state, under the federal community services
block grant program.
  For federal fiscal year two thousand [ten] ELEVEN the secretary shall,
pursuant to section one hundred fifty-nine-h of this article, retain not
more than five percent of the community services block grant  funds  for
administration at the state level.
  For federal fiscal year two thousand [ten] ELEVEN the remainder of the
community  services  block  grant  funds  received by the state shall be
distributed pursuant to a contract by the  secretary  in  the  following
order  of  preference:  a  sum  of  up to one-half of one percent of the
community services block grant funds received by  the  state  to  Indian
tribes and tribal organizations as defined in this article, on the basis
of  need;  and  to  community  based organizations. Such remainder funds
received by eligible entities will not be included  in  determining  the
proportion  of  funds  received  by  any  such entity in the immediately
preceding federal fiscal year under the federal community services block
grant program.
  S 2. Section 5 of chapter 728 of the laws of 1982, amending the execu-
tive law relating to community services block grant programs, as amended
by section 6 of part R of chapter 59 of the laws of 2009, is amended  to
read as follows:
  S  5.  This  act shall take effect immediately provided, however, that
section four hereof shall take  effect  October  1,  1982  and  provided
further, however, that the provisions of sections two, three and four of
this act shall be in full force and effect only until September 30, 1983
and  section  one  of  this  act shall be in full force and effect until
September 30, [2010] 2011, provided, however, that the  distribution  of
funds pursuant to section 159-i of the executive law shall be limited to
the federal fiscal year expressly set forth in such section.
  S 3. Section 7 of chapter 710 of the laws of 1983, amending the execu-
tive law relating to community services block grant programs, as amended
by  section 7 of part R of chapter 59 of the laws of 2009, is amended to
read as follows:
  S 7. This act shall take effect September 30, 1983  and  shall  be  in
full force and effect only until September 30, [2010] 2011 at which time
the amendments and additions made pursuant to the provisions of this act
shall be deemed to be repealed, provided, however, that the distribution
of funds pursuant to section 159-i of the executive law shall be limited
to the federal fiscal year expressly set forth in such section.
  S  4.  This act shall take effect immediately; provided, however, that
the amendments to section 159-i of the executive law made by section one
of this act shall not affect the expiration of such section as  provided
in section 5 of chapter 728 of the laws of 1982, as amended, and section

S. 6609--B                         36                         A. 9709--C

7 of chapter 710 of the laws of 1983, as amended, and shall be deemed to
expire therewith.

                                 PART Z

  Intentionally omitted.

                                 PART AA

  Intentionally omitted.

                                 PART BB

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART CC

  Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
laws of 2010 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue   funds  -  other/state  operations,  miscellaneous  special  revenue
fund-339, energy research and  planning  account,  and  special  revenue
funds  -  other/aid  to localities, miscellaneous special revenue fund -
339, energy research and  planning  account  shall  be  subject  to  the
provisions  of  this section. Notwithstanding the provisions of subdivi-
sion 4-a of section 18-a of the public service law, all moneys committed
or expended shall be reimbursed by assessment against  gas  corporations
and  electric corporations as defined in section 2 of the public service
law, and the total amount which may be charged to  any  gas  corporation
and  any electric corporation shall not exceed one cent per one thousand
cubic feet of gas sold and .010 cent per  kilowatt-hour  of  electricity
sold  by  such  corporations  in  their intrastate utility operations in
calendar year 2008. Such amounts shall  be  excluded  from  the  general
assessment  provisions  of  subdivision  2 of section 18-a of the public
service law, but shall be billed and paid in the  manner  set  forth  in
such subdivision and upon receipt shall be paid to the state comptroller
for  deposit  in  the  state  treasury  for  credit to the miscellaneous
special revenue fund. The director of  the  budget  shall  not  issue  a
certificate  of  approval with respect to the commitment and expenditure
of moneys hereby appropriated until the chair of  such  authority  shall
have  submitted,  and  the director of the budget shall have approved, a
comprehensive financial plan encompassing all moneys  available  to  and
all  anticipated commitments and expenditures by such authority from any
source for the operations of such  authority.  Copies  of  the  approved
comprehensive  financial  plan  shall  be  immediately  submitted by the
director of the budget to the chairs and secretaries of the  legislative
fiscal committees.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

                                 PART DD

S. 6609--B                         37                         A. 9709--C

  Section 1. Subdivisions 1 and 2 of section  27-1905  of  the  environ-
mental  conservation  law, subdivision 1 as amended by section 1 of part
E1 of chapter 63 of the laws of 2003 and subdivision  2  as  amended  by
chapter 200 of the laws of 2008, are amended to read as follows:
  1.  Until  December  thirty-first, two thousand [ten] THIRTEEN, accept
from a customer, waste tires of approximately the same  size  and  in  a
quantity  equal to the number of new tires purchased or installed by the
customer; and
  2. Until December thirty-first,  two  thousand  [ten]  THIRTEEN,  post
written notice in a prominent location, which must be at least eight and
one-half  inches  by  fourteen  inches in size and contain the following
language:
  "New York State law requires us to accept and manage waste tires  from
vehicles  in  exchange  for an equal number of new tires that we sell or
install. Tire retailers are required to charge a separate  and  distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
  The retailers in addition are authorized, at their sole discretion, to
pass  on  waste  tire management and recycling costs to tire purchasers.
Such costs may be included as part of the advertised price  of  the  new
tire,  or  charged  as  a  separate  per-tire charge in an amount not to
exceed $2.50 on each new tire sold."
  The written notice shall also contain one of the following  statements
at  the  end  of  the aforementioned language and as part of the notice,
which shall accurately indicate the manner in  which  the  tire  service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:
  "Our  waste  tire  management  and recycling costs are included in the
advertised price of each new tire.", or
  "We charge a separate per-tire charge of $____ on each new  tire  sold
that  will  be listed on your invoice to cover our waste tire management
and recycling costs."
  S 2. Subdivisions 2, 3 and 5 of section 27-1907 of  the  environmental
conservation  law, as added by section 3 of part V1 of chapter 62 of the
laws of 2003, are amended to read as follows:
  2. The owner or operator of a noncompliant waste tire stockpile shall,
at the department's request, submit to and/or cooperate with any and all
remedial measures necessary for the abatement of noncompliant waste tire
stockpiles with funds from the waste [tire] management  and  [recycling]
CLEANUP fund pursuant to section ninety-two-bb of the state finance law.
  3.  No later than two years from the effective date of this title, the
department shall publish requests for proposals to seek  contractors  to
prepare whole and mechanically processed waste tires situated at noncom-
pliant  waste  tire  stockpiles  for arrangement in accordance with fire
safety requirements and for removal for appropriate processing,  recycl-
ing  or  beneficial  use.  Disposal  will  be  considered only as a last
option. The expenses of remedial and fire safety activities at a noncom-
pliant waste tire stockpile shall be paid by the person or  persons  who
owned,  operated or maintained the noncompliant waste tire stockpile, or
from the waste [tire] management and [recycling] CLEANUP fund and  shall
be  a debt recoverable by the state from all persons who owned, operated
or maintained the noncompliant waste tire  stockpile,  and  a  lien  and
charge  may  be placed on the premises upon which the noncompliant waste
tire stockpile is maintained and upon any  real  or  personal  property,
equipment, vehicles, and inventory controlled by such person or persons.
Moneys recovered shall be paid to the waste [tire] management and [recy-

S. 6609--B                         38                         A. 9709--C

cling] CLEANUP fund established pursuant to section ninety-two-bb of the
state finance law.
  5.  The  department  shall  make all reasonable efforts to recover the
full amount of any funds expended from the waste [tire]  management  and
[recycling] CLEANUP fund for abatement or remediation through litigation
or cooperative agreements. Any and all moneys recovered, repaid or reim-
bursed  pursuant to this section shall be deposited with the comptroller
and credited to such fund.
  S 3. Subdivision 2 of section 27-1911 of the  environmental  conserva-
tion  law, as added by section 3 of part V1 of chapter 62 of the laws of
2003, is amended to read as follows:
  2. No moneys from the waste [tire] management and [recycling]  CLEANUP
fund  shall  be  used to dispose of waste tires in a landfill unless the
department has determined that it is not feasible to convert  the  waste
tires to a beneficial use. Department-approved beneficial uses of scrap-
tire-derived material for leachate collection systems, or gas collection
systems  in  the construction or operation of a landfill are not consid-
ered disposal.
  S 4. Subdivisions 1, 2 and 4, the opening paragraph of  subdivision  3
and  paragraph  (a)  of subdivision 6 of section 27-1913 of the environ-
mental conservation law, subdivisions 1, 2 and 4 as amended by section 2
of part E1 of chapter 63 of the laws of 2003, the opening  paragraph  of
subdivision  3  as  amended by section 1 of part E of chapter 686 of the
laws of 2003 and paragraph (a) of subdivision 6 as added by chapter  200
of the laws of 2008, are amended to read as follows:
  1.  Until  December thirty-first, two thousand [ten] THIRTEEN, a waste
tire management and recycling fee of two dollars and fifty  cents  shall
be charged on each new tire sold. The fee shall be paid by the purchaser
to  the  tire  service  at the time the new tire or new motor vehicle is
purchased.
  The waste tire management and recycling fee does not apply to:
  (a) recapped or resold tires;
  (b) mail-order sales; or
  (c) the sale of new motor vehicle tires to a  person  solely  for  the
purpose  of  resale provided the subsequent retail sale in this state is
subject to such fee.
  2. Until December thirty-first, two thousand [ten] THIRTEEN, the  tire
service  shall  collect the waste tire management and recycling fee from
the purchaser at the time of the sale and shall remit such  fee  to  the
department  of  taxation  and  finance  with  the quarterly report filed
pursuant to subdivision three of this section.
  (a) The fee imposed shall be stated as an invoice  item  separate  and
distinct from the selling price of the tire.
  (b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
  Until  March  thirty-first,  two thousand [eleven] FOURTEEN, each tire
service maintaining a place of business  in  this  state  shall  make  a
return  to  the department of taxation and finance on a quarterly basis,
with the return for December, January, and  February  being  due  on  or
before  the  immediately  following  March  thirty-first; the return for
March, April, and May being due on or before the  immediately  following
June  thirtieth;  the  return for June, July, and August being due on or
before the immediately following September thirtieth; and the return for
September, October, and November being due on or before the  immediately
following December thirty-first.

S. 6609--B                         39                         A. 9709--C

  4.  All  waste  tire  management  and  recycling fees collected by the
department of taxation and finance shall be  transferred  to  the  waste
[tire] management and [recycling] CLEANUP fund pursuant to section nine-
ty-two-bb of the state finance law.
  (a)  Until  December  thirty-first,  two  thousand [ten] THIRTEEN, any
additional waste tire management and recycling costs of the tire service
in excess of the amount authorized to be retained pursuant to  paragraph
(b)  of subdivision two of this section may be included in the published
selling price of the new tire, or charged as a separate per-tire  charge
on  each  new  tire sold. When such costs are charged as a separate per-
tire charge: (i) such charge shall be stated as an invoice item separate
and distinct from the selling price of the tire; (ii) the invoice  shall
state  that  the  charge  is  imposed at the sole discretion of the tire
service; and (iii) the amount of such charge shall  reflect  the  actual
cost to the tire service for the management and recycling of waste tires
accepted  by the tire service pursuant to section 27-1905 of this title,
provided however, that in no event shall such charge exceed two  dollars
and fifty cents on each new tire sold.
  S 5. The opening paragraph and subdivision 1 of section 27-1915 of the
environmental  conservation  law,  as  added  by section 3 of part V1 of
chapter 62 of the laws of 2003, are amended to read as follows:
  [Funds from the waste] WASTE tire management and recycling FEES  SHALL
BE  DEPOSITED  IN  THE  WASTE MANAGEMENT AND CLEANUP fund established in
section ninety-two-bb of the state finance law, AND shall be made AVAIL-
ABLE for the following purposes:
  1. costs of the department for the following:
  (a) first-year costs:
  (i) enumeration and assessment of noncompliant waste tire  stockpiles;
and
  (ii)  aerial  reconnaissance  to locate, survey and characterize sites
environmentally, for remote sensing, special analysis and scanning;
  (b) abatement of noncompliant waste tire stockpiles; and
  (c)  administration  AND  ENFORCEMENT  of  THE  requirements  of  this
[section] ARTICLE, EXCLUSIVE OF TITLES THIRTEEN AND FOURTEEN.
  S  6. Section 92-bb of the state finance law, as added by section 4 of
part V1 of chapter 62 of the  laws  of  2003,  is  amended  to  read  as
follows:
  S  92-bb.  Waste  [tire]  management  and [recycling] CLEANUP fund. 1.
There is hereby established in the joint  custody  of  the  state  comp-
troller and the commissioner of the department of taxation and finance a
special fund to be known as the "waste [tire] management and [recycling]
CLEANUP fund".
  2.  The  waste  [tire]  management  and [recycling] CLEANUP fund shall
consist of all revenue collected from waste tire management and  recycl-
ing  fees  pursuant to section 27-1913 of the environmental conservation
law and any cost recoveries or  other  revenues  collected  pursuant  to
title nineteen of article twenty-seven of the environmental conservation
law, AND ANY OTHER MONIES DEPOSITED INTO THE FUND PURSUANT TO LAW.
  3.  Moneys  of  the  fund, following appropriation by the legislature,
shall be used for execution  of  waste  tire  management  and  recycling
pursuant  to title nineteen of article twenty-seven of the environmental
conservation law, and expended for the purposes as set forth in  section
27-1915 of the environmental conservation law.
  S  7.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.

S. 6609--B                         40                         A. 9709--C

                                 PART EE

  Intentionally omitted.

                                 PART FF

  Intentionally omitted.

                                 PART GG

  Intentionally omitted.

                                 PART HH

  Intentionally omitted.

                                 PART II

  Section  1.  Subdivision  1  of section 235 of the vehicle and traffic
law, as separately amended by sections 1 of chapters 20, 21, 22 and  383
of the laws of 2009, is amended to read as follows:
  1.  Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any  city  which
heretofore  or  hereafter  is  authorized to establish an administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting parking, standing or stopping violations, or  to  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or to adjudicate the liability of  owners  for
violations  of  subdivision (d) of section eleven hundred eleven of this
chapter in accordance with [section] SECTIONS eleven hundred eleven-b of
this chapter as added by [section] SECTIONS  sixteen  of  [the  chapter]
CHAPTERS  TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws of two thousand
nine [which amended this subdivision], or to adjudicate the liability of
owners for violations of toll collection regulations as defined  in  and
in  accordance  with the provisions of section two thousand nine hundred
eighty-five of  the  public  authorities  law  and  sections  sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF OWNERS  IN
ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-C OF THIS CHAPTER FOR
VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED  IN  SUCH  SECTION,  such
tribunal  and  the  rules  and  regulations  pertaining thereto shall be
constituted in substantial conformance with the following sections.
  S 1-a. Section 235 of the  vehicle  and  traffic  law,  as  separately
amended  by  sections  2  of  chapters 20, 21, 22 and 383 of the laws of
2009, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is  authorized  to  establish  an
administrative  tribunal  to  hear  and  determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred eleven-a of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance with [section] SECTIONS eleven

S. 6609--B                         41                         A. 9709--C

hundred eleven-b of this chapter as added by [section] SECTIONS  sixteen
of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws
of  two thousand nine [which amended this section], or to adjudicate the
liability  of  owners  for  violations of toll collection regulations as
defined in and in accordance with the provisions of section two thousand
nine hundred eighty-five of the  public  authorities  law  and  sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of  the  laws  of  nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF
OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS  CHAP-
TER  FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION,
such tribunal and the rules and regulations pertaining thereto shall  be
constituted in substantial conformance with the following sections.
  S  1-b.  Section  235  of  the  vehicle and traffic law, as separately
amended by sections 3 of chapters 20, 21, 22 and  383  of  the  laws  of
2009, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the liability of owners for violations of subdivision (d) of
section eleven  hundred  eleven  of  this  chapter  in  accordance  with
[section]  SECTIONS  eleven hundred eleven-b of this chapter as added by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
AND TWENTY-TWO of the laws of two  thousand  nine  [which  amended  this
section],  or  to  adjudicate  the liability of owners for violations of
toll collection regulations as defined in and  in  accordance  with  the
provisions  of  section  two  thousand  nine  hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
fifty, OR TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE  WITH  SECTION
ELEVEN  HUNDRED  ELEVEN-C  OF  THIS  CHAPTER  FOR VIOLATIONS OF BUS LANE
RESTRICTIONS AS DEFINED IN SUCH SECTION, such tribunal and the rules and
regulations pertaining  thereto  shall  be  constituted  in  substantial
conformance with the following sections.
  S  1-c.  Section  235  of  the  vehicle and traffic law, as separately
amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
of 1992, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the  liability  of  owners for violations of toll collection
regulations as defined in and  in  accordance  with  the  provisions  of
section  two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
hundred  seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
DICATE LIABILITY OF OWNERS IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-C  OF  THIS  CHAPTER  FOR  VIOLATIONS OF BUS LANE RESTRICTIONS AS
DEFINED IN SUCH SECTION, such tribunal and  the  rules  and  regulations
pertaining  thereto shall be constituted in substantial conformance with
the following sections.
  S 2. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
separately  amended  by sections 4 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:

S. 6609--B                         42                         A. 9709--C

  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation and, where authorized by local law adopted pursuant to
subdivision  (a)  of  section eleven hundred eleven-a of this chapter or
[subdivision] SUBDIVISIONS (a)  of  [section]  SECTIONS  eleven  hundred
eleven-b  of this chapter as added by [section] SECTIONS sixteen of [the
chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws of  two
thousand  nine  [which  amended  this subdivision], shall adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred  eleven  of  this chapter in accordance with such section eleven
hundred eleven-a or such [section] SECTIONS eleven hundred  eleven-b  as
added  by  [section]  SECTIONS sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE, AND TWENTY-TWO of the  laws  of  two  thousand  nine  [which
amended  this  subdivision] and shall adjudicate the liability of owners
for violations of toll collection  regulations  as  defined  in  and  in
accordance  with  the  provisions  of  section two thousand nine hundred
eighty-five of  the  public  authorities  law  and  sections  sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty AND SHALL ADJUDICATE LIABILITY OF  OWNERS
IN  ACCORDANCE  WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR
VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH  SECTION.    Such
tribunal,  except  in  a  city with a population of one million or more,
shall also have jurisdiction of abandoned vehicle  violations.  For  the
purposes  of  this  article, a parking violation is the violation of any
law, rule or regulation providing for or regulating the  parking,  stop-
ping or standing of a vehicle. In addition for purposes of this article,
"commissioner" shall mean and include the commissioner of traffic of the
city or an official possessing authority as such a commissioner.
  S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
separately  amended  by sections 5 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:
  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation and, where authorized by local law adopted pursuant to
[subdivision]  SUBDIVISIONS  (a)  of  [section]  SECTIONS eleven hundred
eleven-b of this chapter as added by [section] SECTIONS sixteen of  [the
chapter]  CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws of two
thousand nine [which amended this  subdivision],  shall  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven  of  this  chapter  in  accordance  with  such  [section]
SECTIONS  eleven hundred eleven-b as added by [section] SECTIONS sixteen
of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws
of two thousand nine [which amended this subdivision]; AND SHALL ADJUDI-
CATE LIABILITY OF OWNERS  IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-C  OF  THIS  CHAPTER  FOR  VIOLATIONS OF BUS LANE RESTRICTIONS AS
DEFINED IN SUCH SECTION.  For the purposes of this  article,  a  parking
violation  is the violation of any law, rule or regulation providing for
or regulating the parking, stopping or standing of a vehicle.  In  addi-
tion for purposes of this article, "commissioner" shall mean and include
the  commissioner  of  traffic  of  the  city  or an official possessing
authority as such a commissioner.
  S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:

S. 6609--B                         43                         A. 9709--C

  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation AND SHALL ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE
WITH  SECTION  ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF
BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION.  For the  purposes  of
this  article,  a parking violation is the violation of any law, rule or
regulation providing for or regulating the parking, stopping or standing
of a vehicle. In addition for purposes of this  article,  "commissioner"
shall  mean  and  include  the commissioner of traffic of the city or an
official possessing authority as such a commissioner.
  S 3. Subdivision 11 of section 237 of the vehicle and traffic law,  as
added  by chapter 379 of the laws of 1992, is amended and a new subdivi-
sion 12 is added to read as follows:
  11. To adjudicate the liability  of  owners  for  violations  of  toll
collection  regulations  as  defined  in  and  in  accordance  with  the
provisions of section two  thousand  nine  hundred  eighty-five  of  the
public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
fifty[.];
  12.    TO  ADJUDICATE  LIABILITY  OF OWNERS IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-C OF THIS  CHAPTER  FOR  VIOLATIONS  OF  BUS  LANE
RESTRICTIONS AS DEFINED IN SUCH SECTION.
  S  4.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by sections 8 of chapters 20, 21,  22
and 383 of the laws of 2009, is amended to read as follows:
  f.  "Notice  of  violation"  means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven  of  this  article,
but shall not be deemed to include a notice of liability issued pursuant
to  authorization  set  forth in section eleven hundred eleven-a of this
chapter or [section] SECTIONS eleven hundred eleven-b of this chapter as
added by [section] SECTIONS sixteen of [the  chapter]  CHAPTERS  TWENTY,
TWENTY-ONE,  AND  TWENTY-TWO  of  the  laws  of two thousand nine [which
amended this paragraph], and shall not be deemed to include a notice  of
liability  issued  pursuant to section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
hundred  fifty  AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY
ISSUED PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER.
  S 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle  and
traffic  law, as separately amended by sections 9 of chapters 20, 21, 22
and 383 of the laws of 2009, is amended to read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision nine of section two hundred thirty-seven of this article but
shall  not be deemed to include a notice of liability issued pursuant to
authorization set forth in [section] SECTIONS eleven hundred eleven-b of
this chapter as added by [section] SECTIONS  sixteen  of  [the  chapter]
CHAPTERS  TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws of two thousand
nine [which amended this paragraph] AND SHALL NOT BE DEEMED TO INCLUDE A
NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN  HUNDRED  ELEVEN-C
OF THIS CHAPTER.
  S  4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as added by chapter 180 of the laws of 1980, is amended  to
read as follows:
  f.  "Notice  of  violation"  means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article AND

S. 6609--B                         44                         A. 9709--C

SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT  TO
SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER.
  S  5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as separately amended by sections 10 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters  a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-a of  this  chapter  or
[section]  SECTIONS  eleven hundred eleven-b of this chapter as added by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
AND TWENTY TWO of the laws of two  thousand  nine  [which  amended  this
paragraph  subdivision],  for  a violation of subdivision (d) of section
eleven hundred eleven of this chapter contests  such  allegation,  or  a
person alleged to be liable in accordance with the provisions of section
two  thousand  nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of the laws of nineteen hundred fifty, OR A PERSON ALLEGED
TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED
ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS  LANE  RESTRICTION  AS
DEFINED  IN  SUCH  SECTION  CONTESTS  SUCH  ALLEGATION, the bureau shall
advise such person personally by such form of first class  mail  as  the
director may direct of the date on which he or she must appear to answer
the  charge at a hearing. The form and content of such notice of hearing
shall be prescribed by the director, and  shall  contain  a  warning  to
advise  the  person  so pleading or contesting that failure to appear on
the date designated, or on  any  subsequent  adjourned  date,  shall  be
deemed  an  admission  of  liability, and that a default judgment may be
entered thereon.
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, or the bureau has been notified that an allegation of liability
in  accordance  with  section eleven hundred eleven-a of this chapter or
[section] SECTIONS eleven hundred eleven-b of this chapter as  added  by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
AND  TWENTY-TWO  of  the  laws  of two thousand nine [which amended this
subdivision] or an allegation of liability in  accordance  with  section
two  thousand  nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the laws of nineteen hundred fifty OR AN ALLEGATION OF
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-C  OF  THIS
CHAPTER, is being contested, by a person in a timely fashion and a hear-
ing  upon  the  merits has been demanded, but has not yet been held, the
bureau shall not issue any notice of fine  or  penalty  to  that  person
prior to the date of the hearing.
  S  5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as separately amended by sections 11 of chapters 20, 21, 22 and
383 of the laws of 2009, are amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters  a plea of not guilty or a person alleged to be liable
in accordance with [section] SECTIONS eleven hundred  eleven-b  of  this
chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY,  TWENTY-ONE,  AND  TWENTY-TWO  of  the laws of two thousand nine
[which amended this subdivision] for a violation of subdivision  (d)  of
section eleven hundred eleven of this chapter, OR A PERSON ALLEGED TO BE
LIABLE  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION ELEVEN HUNDRED
ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS  LANE  RESTRICTION  AS
DEFINED  IN  SUCH  SECTION  contests  such  allegation, the bureau shall

S. 6609--B                         45                         A. 9709--C

advise such person personally by such form of first class  mail  as  the
director may direct of the date on which he or she must appear to answer
the  charge at a hearing. The form and content of such notice of hearing
shall  be  prescribed  by  the  director, and shall contain a warning to
advise the person so pleading or contesting that failure  to  appear  on
the  date  designated,  or  on  any  subsequent adjourned date, shall be
deemed an admission of liability, and that a  default  judgment  may  be
entered thereon.
  1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with [section] SECTIONS eleven hundred  eleven-b  of  this
chapter,  as  added by [section] SECTIONS sixteen of [the chapter] CHAP-
TERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws of two thousand nine
[which amended this subdivision],  OR  AN  ALLEGATION  OF  LIABILITY  IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER is being
contested, by a person in a timely fashion and a hearing upon the merits
has been demanded, but has not yet been held, the bureau shall not issue
any  notice  of  fine or penalty to that person prior to the date of the
hearing.
  S 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
fic  law, subdivision 1 as added by chapter 715 of the laws of 1972, and
subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters  a plea of not guilty OR A PERSON ALLEGED TO BE LIABLE
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-C  OF
THIS  CHAPTER  FOR  A  VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN
SUCH SECTION, CONTESTS SUCH ALLEGATION, the  bureau  shall  advise  such
person  personally  by such form of first class mail as the director may
direct of the date on which he OR SHE must appear to answer  the  charge
at  a  hearing.  The form and content of such notice of hearing shall be
prescribed by the director, and shall contain a warning  to  advise  the
person  so pleading that failure to appear on the date designated, or on
any subsequent adjourned date, shall be deemed an admission  of  liabil-
ity, and that a default judgment may be entered thereon.
  1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF  THIS  CHAPTER  IS
BEING  CONTESTED, by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held,  the  bureau  shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
  S 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and  traffic  law,  as separately amended by sections 10 of chapters 20,
21, 22 and 383 of the laws of 2009, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven  hundred
eleven-a of this chapter or in accordance with [section] SECTIONS eleven
hundred  eleven-b of this chapter as added by [section] SECTIONS sixteen
of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws
of two thousand nine [which amended this paragraph] or an allegation  of
liability  in  accordance with section two thousand nine hundred eighty-
five of the public authorities law or sections sixteen-a, sixteen-b  and
sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty OR AN ALLEGATION OF LIABILITY IN ACCORDANCE  WITH  SECTION
ELEVEN  HUNDRED ELEVEN-C OF THIS CHAPTER, shall be held before a hearing

S. 6609--B                         46                         A. 9709--C

examiner in accordance with rules and  regulations  promulgated  by  the
bureau.
  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing  at  which  liability  in accordance with section eleven hundred
eleven-a of this chapter or in accordance with [section] SECTIONS eleven
hundred eleven-b of this chapter as added by [section] SECTIONS  sixteen
of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws
of two thousand nine [which amended this paragraph] is contested or of a
hearing  at which liability in accordance with section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws  of  nineteen  hundred  fifty is contested OR OF A HEARING AT WHICH
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-C  OF  THIS
CHAPTER  IS CONTESTED.   Recording devices may be used for the making of
the record.
  S 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as separately amended by sections  11  of  chapters
20, 21, 22 and 383 of the laws of 2009, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or  an  allegation  of  liability  in accordance with [section] SECTIONS
eleven hundred eleven-b of this chapter, as added by [section]  SECTIONS
sixteen  of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of
the laws of two thousand nine [which amended this paragraph] OR AN ALLE-
GATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-C
OF  THIS  CHAPTER, shall be held before a hearing examiner in accordance
with rules and regulations promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with [section] SECTIONS  eleven
hundred eleven-b of this chapter, as added by [section] SECTIONS sixteen
of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws
of  two  thousand nine [which amended this paragraph] OR OF A HEARING AT
WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-C  OF
THIS CHAPTER IS CONTESTED.  Recording devices may be used for the making
of the record.
  S 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED
ELEVEN-C  OF  THIS  CHAPTER  shall  be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty OR OF A
HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-C  OF  THIS  CHAPTER IS CONTESTED.  Recording devices may be used
for the making of the record.
  S 7. Subdivisions 1 and 2 of section 241 of the  vehicle  and  traffic
law, as separately amended by sections 12 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he or she may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  section  eleven hundred eleven-a of this
chapter or in accordance with [section] SECTIONS eleven hundred eleven-b
of this chapter as added by [section] SECTIONS sixteen of [the  chapter]
CHAPTERS  TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws of two thousand

S. 6609--B                         47                         A. 9709--C

nine [which amended this  subdivision]  or  the  record  of  liabilities
incurred  in  accordance  with section two thousand nine hundred eighty-
five of the public authorities law or sections sixteen-a, sixteen-b  and
sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty of the  person  charged,  OR  THE  RECORD  OF  LIABILITIES
INCURRED  IN  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED ELEVEN-C OF THIS
CHAPTER, as applicable prior to rendering a final  determination.  Final
determinations  sustaining  or  dismissing charges shall be entered on a
final determination roll maintained by the bureau together with  records
showing payment and nonpayment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of  liability  in  accordance
with  section  eleven  hundred eleven-a of this chapter or in accordance
with [section] SECTIONS eleven hundred eleven-b of this chapter as added
by [section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY,  TWENTY-
ONE, AND TWENTY-TWO of the laws of two thousand nine [which amended this
subdivision]  or  fails to contest an allegation of liability in accord-
ance with section two thousand nine hundred eighty-five  of  the  public
authorities  law or sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty, OR
FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE  WITH  SECTION
ELEVEN  HUNDRED  ELEVEN-C OF THIS CHAPTER or fails to appear on a desig-
nated hearing date or subsequent adjourned date or fails after a hearing
to comply with the determination of a hearing examiner, as prescribed by
this article or by rule or regulation of the  bureau,  such  failure  to
plead or contest, appear or comply shall be deemed, for all purposes, an
admission of liability and shall be grounds for rendering and entering a
default  judgment  in an amount provided by the rules and regulations of
the  bureau.  However,  after  the  expiration  of  the  original   date
prescribed  for  entering  a  plea  and before a default judgment may be
rendered, in such case the  bureau  shall  pursuant  to  the  applicable
provisions  of  law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the  violation  charged,
or  liability in accordance with section eleven hundred eleven-a of this
chapter or in accordance with [section] SECTIONS eleven hundred eleven-b
of this chapter as added by [section] SECTIONS sixteen of [the  chapter]
CHAPTERS  TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws of two thousand
nine [which amended this subdivision] alleged or liability in accordance
with section two thousand nine hundred eighty-five of the public author-
ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
seven hundred seventy-four of the laws of nineteen hundred fifty alleged
OR  LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS
CHAPTER, (2) of the impending default judgment, (3) that  such  judgment
will  be  entered in the Civil Court of the city in which the bureau has
been established, or other court of  civil  jurisdiction  or  any  other
place  provided for the entry of civil judgments within the state of New
York, and (4) that a default may  be  avoided  by  entering  a  plea  or
contesting  an allegation of liability in accordance with section eleven
hundred eleven-a  of  this  chapter  or  in  accordance  with  [section]
SECTIONS  eleven  hundred eleven-b of this chapter as added by [section]
SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWEN-
TY-TWO of the laws of two thousand nine [which amended this subdivision]
or contesting an allegation of liability in accordance with section  two
thousand  nine  hundred  eighty-five  of  the  public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of  nineteen hundred fifty OR CONTESTING AN

S. 6609--B                         48                         A. 9709--C

ALLEGATION OF  LIABILITY  IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-C OF THIS CHAPTER, as appropriate, or making an appearance within
thirty days of the sending of such notice. Pleas entered and allegations
contested  within  that  period shall be in the manner prescribed in the
notice and not subject to additional penalty  or  fee.  Such  notice  of
impending  default judgment shall not be required prior to the rendering
and entry thereof in the case of operators or owners who  are  non-resi-
dents  of  the state of New York. In no case shall a default judgment be
rendered or, where required, a notice of impending default  judgment  be
sent,  more  than  two years after the expiration of the time prescribed
for entering a plea or contesting  an  allegation.  When  a  person  has
demanded  a hearing, no fine or penalty shall be imposed for any reason,
prior to the holding of the hearing. If the hearing examiner shall  make
a  determination on the charges, sustaining them, he OR SHE shall impose
no greater penalty  or  fine  than  those  upon  which  the  person  was
originally charged.
  S  7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 13 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1. The hearing examiner shall make a  determination  on  the  charges,
either  sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine  either
the  prior  parking  violations  record  or  the  record  of liabilities
incurred in accordance with [section] SECTIONS eleven  hundred  eleven-b
of  this chapter as added by [section] SECTIONS sixteen of [the chapter]
CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws of two  thousand
nine  [which  amended  this  subdivision]  of the person charged, OR THE
RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-C OF THIS CHAPTER, as  applicable  prior  to  rendering  a  final
determination.  Final  determinations  sustaining  or dismissing charges
shall be entered on a final determination roll maintained by the  bureau
together with records showing payment and nonpayment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of  liability  in  accordance
with [section] SECTIONS eleven hundred eleven-b of this chapter as added
by  [section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-
ONE, AND TWENTY-TWO of the laws of two thousand nine [which amended this
subdivision] OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY  IN  ACCORD-
ANCE  WITH  SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, or fails to
appear on a designated hearing date  or  subsequent  adjourned  date  or
fails  after  a  hearing  to  comply with the determination of a hearing
examiner, as prescribed by this article or by rule or regulation of  the
bureau,  such  failure  to  plead,  contest,  appear  or comply shall be
deemed, for all purposes, an admission of liability and shall be grounds
for rendering and entering a default judgment in an amount  provided  by
the  rules  and regulations of the bureau. However, after the expiration
of the original date prescribed for entering a plea and before a default
judgment may be rendered, in such case the bureau shall pursuant to  the
applicable provisions of law notify such operator or owner, by such form
of  first  class mail as the commission may direct; (1) of the violation
charged, or liability  in  accordance  with  [section]  SECTIONS  eleven
hundred eleven-b of this chapter, as added by [section] SECTIONS sixteen
of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws
of  two  thousand nine [which amended this subdivision], OR LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER alleged,
(2) of the impending default judgment, (3) that such  judgment  will  be

S. 6609--B                         49                         A. 9709--C

entered  in  the  Civil  Court  of the city in which the bureau has been
established, or other court of civil jurisdiction  or  any  other  place
provided  for the entry of civil judgments within the state of New York,
and  (4)  that a default may be avoided by entering a plea or contesting
an allegation of liability in accordance with [section] SECTIONS  eleven
hundred  eleven-b of this chapter as added by [section] SECTIONS sixteen
of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of the laws
of two thousand nine [which amended this subdivision], OR CONTESTING  AN
ALLEGATION  OF  LIABILITY  IN  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED
ELEVEN-C OF THIS CHAPTER as appropriate, or making an appearance  within
thirty days of the sending of such notice. Pleas entered and allegations
contested  within  that  period shall be in the manner prescribed in the
notice and not subject to additional penalty  or  fee.  Such  notice  of
impending  default judgment shall not be required prior to the rendering
and entry thereof in the case of operators or owners who  are  non-resi-
dents  of  the state of New York. In no case shall a default judgment be
rendered or, where required, a notice of impending default  judgment  be
sent,  more  than  two years after the expiration of the time prescribed
for entering a plea or contesting  an  allegation.  When  a  person  has
demanded  a hearing, no fine or penalty shall be imposed for any reason,
prior to the holding of the hearing. If the hearing examiner shall  make
a  determination on the charges, sustaining them, he or she shall impose
no greater penalty  or  fine  than  those  upon  which  the  person  was
originally charged.
  S  7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, subdivision 1 as added by chapter 715  of  the  laws  of  1972  and
subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that  the  charges  have been sustained he OR SHE may examine the
prior parking violations record of the person charged, OR THE RECORD  OF
LIABILITIES  INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C
OF THIS CHAPTER, AS APPLICABLE, prior  to  rendering  a  final  determi-
nation.  Final  determinations sustaining or dismissing charges shall be
entered on a final determination roll maintained by the bureau  together
with records showing payment and nonpayment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation, OR FAILS TO CONTEST AN  ALLEGATION  OF  LIABILITY  IN
ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-C OF THIS CHAPTER, or
fails to appear on a designated hearing  date  or  subsequent  adjourned
date  or  fails  after  a  hearing to comply with the determination of a
hearing examiner, as prescribed by this article or by rule or regulation
of the bureau, such failure to plead, appear or comply shall be  deemed,
for  all  purposes,  an  admission of liability and shall be grounds for
rendering and entering a default judgment in an amount provided  by  the
rules  and  regulations  of the bureau. However, after the expiration of
the original date prescribed for entering a plea and  before  a  default
judgment  may be rendered, in such case the bureau shall pursuant to the
applicable provisions of law notify such operator or owner, by such form
of first class mail as the commission may direct; (1) of  the  violation
charged  OR  ALLEGED LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-C OF THIS CHAPTER, (2) of the  impending  default  judgment,  (3)
that  such  judgment  will  be entered in the Civil Court of the city in
which the bureau has been established, or other court of civil jurisdic-
tion or any other place provided for the entry of civil judgments within

S. 6609--B                         50                         A. 9709--C

the state of New York, and (4) that a default may be avoided by entering
a plea OR CONTESTING AN  ALLEGATION  OF  LIABILITY  IN  ACCORDANCE  WITH
SECTION  ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER or making an appearance
within  thirty  days of the sending of such notice. Pleas entered within
that period shall be in the manner prescribed  in  the  notice  and  not
subject  to  additional penalty or fee. Such notice of impending default
judgment shall not be required prior to the rendering and entry  thereof
in the case of operators or owners who are non-residents of the state of
New  York.  In  no  case  shall a default judgment be rendered or, where
required, a notice of impending default judgment be sent, more than  two
years  after  the expiration of the time prescribed for entering a plea.
When a person has demanded a  hearing,  no  fine  or  penalty  shall  be
imposed  for  any  reason,  prior  to the holding of the hearing. If the
hearing examiner shall make a determination on the  charges,  sustaining
them,  he OR SHE shall impose no greater penalty or fine than those upon
which the person was originally charged.
  S 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law, as separately amended by sections  1  of
chapters 19 and 23 and sections 14 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of  there  is  a  certification from a court, parking violations bureau,
traffic and parking violations  agency  or  administrative  tribunal  of
appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
jurisdiction that the registrant or his or her representative failed  to
appear  on the return date or any subsequent adjourned date or failed to
comply with the rules and  regulations  of  an  administrative  tribunal
following  entry  of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either that:  (i)  such  motor  vehicle  was
parked, stopped or standing, or that such motor vehicle was operated for
hire  by  the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in  violation
of  any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local authority;  or  (ii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-a of this chap-
ter or section eleven hundred eleven-b of this chapter for  a  violation
of  subdivision (d) of section eleven hundred eleven of this chapter; OR
(III) THE REGISTRANT  WAS  LIABLE  IN  ACCORDANCE  WITH  SECTION  ELEVEN
HUNDRED  ELEVEN-C  OF  THIS  CHAPTER  FOR  A  VIOLATION  OF  A  BUS LANE
RESTRICTION AS AS DEFINED IN SUCH SECTION, the commissioner  or  his  or
her  agent  shall deny the registration or renewal application until the
applicant provides proof from the court, traffic and parking  violations
agency  or  administrative tribunal wherein the charges are pending that
an appearance or answer has been made or in the case of  an  administra-
tive tribunal that he or she has complied with the rules and regulations
of  said tribunal following entry of a final decision. Where an applica-
tion is denied pursuant to this section, the commissioner may, in his or
her discretion, deny a registration or renewal application to any  other
person  for  the  same  vehicle  and  may deny a registration or renewal
application for any other motor vehicle registered in the  name  of  the
applicant  where  the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where  the
commissioner has reasonable grounds to believe that such registration or
renewal  will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as  the  summonses

S. 6609--B                         51                         A. 9709--C

remain  unanswered,  or  in  the case of an administrative tribunal, the
registrant fails to comply with  the  rules  and  regulations  following
entry of a final decision.
  S  8-a.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by sections 2 of chapters 19  and
23  and  sections 15 of chapters 20, 21, 22 and 383 of the laws of 2009,
is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in  response  to  a
total  of  three  or  more  summonses or other process in the aggregate,
issued within an eighteen month period, charging either that:  (i)  such
motor  vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent  without
being  licensed  as  a  motor  vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter  or  of
any  law,  ordinance,  rule  or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d)  of  section
eleven  hundred  eleven  of  this  chapter;  OR (III) THE REGISTRANT WAS
LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS  CHAP-
TER  FOR  A  VIOLATION  OF  A  BUS  LANE  RESTRICTION AS DEFINED IN SUCH
SECTION, the commissioner or his or her agent shall deny  the  registra-
tion  or renewal application until the applicant provides proof from the
court or administrative tribunal wherein the charges are pending that an
appearance or answer has been made or in the case of  an  administrative
tribunal  that  he or she has complied with the rules and regulations of
said tribunal following entry of a final decision. Where an  application
is  denied pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or  renewal  application  to  any  other
person  for  the  same  vehicle  and  may deny a registration or renewal
application for any other motor vehicle registered in the  name  of  the
applicant  where  the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where  the
commissioner has reasonable grounds to believe that such registration or
renewal  will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as  the  summonses
remain  unanswered,  or  in  the case of an administrative tribunal, the
registrant fails to comply with  the  rules  and  regulations  following
entry of a final decision.
  S  8-b.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by chapters 339 and  592  of  the
laws of 1987, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  OR  HER  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry  of  a final decision in response to
three or more summonses or other  process,  issued  within  an  eighteen
month  period,  charging  that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his OR HER agent without being licensed as a motor vehicle  for

S. 6609--B                         52                         A. 9709--C

hire  by  the  appropriate  local  authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or  regulation
made  by  a  local  authority OR THE REGISTRANT WAS LIABLE IN ACCORDANCE
WITH  SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF
A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the  commissioner  or
his  OR  HER  agent  shall  deny the registration or renewal application
until the applicant provides proof  from  the  court  or  administrative
tribunal  wherein  the  charges are pending that an appearance or answer
has been made or in the case of an administrative tribunal  that  he  OR
SHE has complied with the rules and regulations of said tribunal follow-
ing  entry  of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his OR HER discretion, deny  a
registration  or  renewal  application  to any other person for the same
vehicle and may deny a registration or renewal application for any other
motor vehicle registered in the name of the applicant where the  commis-
sioner  has  determined  that such registrant's intent has been to evade
the purposes of this subdivision and where the commissioner has  reason-
able  grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial  shall
only  remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails  to  comply
with the rules and regulations following entry of a final decision.
  S  9.  The  vehicle and traffic law is amended by adding a new section
1111-c to read as follows:
  S 1111-C. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY  WITH  BUS
LANE  RESTRICTIONS.  (A)  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE CITY OF NEW YORK IS HEREBY AUTHORIZED AND EMPOWERED TO  ESTABLISH  A
BUS  RAPID  TRANSIT DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON
THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
BUS LANE RESTRICTIONS IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS  OF
THIS SECTION. THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION OR APPLICA-
BLE  MASS  TRANSIT  AGENCY,  FOR  PURPOSES OF THE IMPLEMENTATION OF SUCH
PROGRAM, SHALL OPERATE BUS LANE PHOTO DEVICES ONLY WITHIN SUCH BUS RAPID
TRANSIT DEMONSTRATION PROGRAM AND ON SELECT BUS SERVICE  LANES  IN  SUCH
CITY.  SUCH BUS LANE PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL
BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT  OF  TRANSPORTA-
TION  AND/OR  ON  BUSES SELECTED BY SUCH DEPARTMENT OF TRANSPORTATION IN
CONSULTATION WITH THE APPLICABLE MASS TRANSIT AGENCY.
  2. ANY IMAGE OR IMAGES CAPTURED BY BUS LANE  PHOTO  DEVICES  SHALL  BE
INADMISSIBLE  IN  ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICABLE
MASS TRANSIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING  INITI-
ATED  BY THE DEPARTMENT INVOLVING LICENSURE PRIVILEGES OF BUS OPERATORS.
ANY MOBILE BUS LANE PHOTO DEVICE MOUNTED ON  A  BUS  SHALL  BE  DIRECTED
OUTWARDLY  FROM  SUCH  BUS  TO  CAPTURE  IMAGES  OF VEHICLES OPERATED IN
VIOLATION OF BUS LANE RESTRICTIONS, AND IMAGES PRODUCED BY  SUCH  DEVICE
SHALL  NOT BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER
REQUIRING SUCH IMAGES TO BE PRODUCED.
  3. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE  MEASURES  TO  PROTECT
THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
TITY  AND  IDENTIFYING  INFORMATION  MAY BE CAPTURED BY A BUS LANE PHOTO
DEVICE. SUCH MEASURES SHALL INCLUDE:
  (I) UTILIZATION OF NECESSARY TECHNOLOGIES TO  ENSURE,  TO  THE  EXTENT
PRACTICABLE,  THAT  IMAGES PRODUCED BY SUCH BUS LANE PHOTO DEVICES SHALL
NOT INCLUDE IMAGES THAT IDENTIFY THE  DRIVER,  THE  PASSENGERS,  OR  THE
CONTENTS  OF THE VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY
ISSUED PURSUANT TO THIS SECTION SHALL BE  DISMISSED  SOLELY  BECAUSE  AN

S. 6609--B                         53                         A. 9709--C

IMAGE  ALLOWS  FOR  THE  IDENTIFICATION OF THE DRIVER, THE PASSENGERS OR
OTHER CONTENTS OF A VEHICLE;
  (II)  A  PROHIBITION  ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE
PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY BUS  LANE
PHOTO  DEVICES EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS
SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER;
OR (C) AS OTHERWISE REQUIRED BY LAW;
  (III)  THE  INSTALLATION  OF  SIGNAGE  AT  REGULAR  INTERVALS   WITHIN
RESTRICTED  BUS  LANES  STATING  THAT BUS LANE PHOTO DEVICES ARE USED TO
ENFORCE RESTRICTIONS ON VEHICULAR TRAFFIC IN BUS LANES; AND
  (IV) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED
PRIVACY PROTECTION MEASURES.
  4. WITHIN THE CITY OF NEW YORK, SUCH BUS LANE PHOTO DEVICES SHALL ONLY
BE OPERATED ON DESIGNATED BUS LANES THAT ARE SELECT  BUS  SERVICE  LANES
WITHIN THE BUS RAPID TRANSIT DEMONSTRATION PROGRAM AND ONLY DURING WEEK-
DAYS FROM 7:00 A.M. TO 7:00 P.M.
  (B) IF THE CITY OF NEW YORK HAS ESTABLISHED A BUS RAPID TRANSIT DEMON-
STRATION  PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER
OF A VEHICLE SHALL BE LIABLE FOR A  PENALTY  IMPOSED  PURSUANT  TO  THIS
SECTION  IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE
OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF  ANY  BUS  LANE  RESTRICTIONS
THAT  APPLY  TO  ROUTES  WITHIN  SUCH  DEMONSTRATION  PROGRAM,  AND SUCH
VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM  A  BUS  LANE  PHOTO
DEVICE;  PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE  OPERATOR  OF  SUCH
VEHICLE  HAS  BEEN CONVICTED OF THE UNDERLYING VIOLATION OF ANY BUS LANE
RESTRICTIONS.
  (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
FOLLOWING MEANINGS:
  1.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
  2. "BUS LANE PHOTO DEVICE" SHALL MEAN A  DEVICE  THAT  IS  CAPABLE  OF
OPERATING  INDEPENDENTLY  OF  AN ENFORCEMENT OFFICER AND PRODUCES ONE OR
MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF  BUS  LANE
RESTRICTIONS.
  3.  "BUS  LANE  RESTRICTIONS"  SHALL  MEAN  RESTRICTIONS ON THE USE OF
DESIGNATED TRAFFIC LANES BY VEHICLES OTHER THAN BUSES IMPOSED ON  ROUTES
WITHIN  A BUS RAPID TRANSIT DEMONSTRATION PROGRAM BY LOCAL LAW AND SIGNS
ERECTED BY THE DEPARTMENT OF TRANSPORTATION OF A CITY  THAT  ESTABLISHES
SUCH A DEMONSTRATION PROGRAM PURSUANT TO THIS SECTION.
  4.  "BUS RAPID TRANSIT PHASE I PLAN" SHALL MEAN THE FOLLOWING FIVE BUS
RAPID  TRANSIT  ROUTES  AS DESIGNATED BY THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION: FORDHAM  ROAD,  FIRST/SECOND  AVENUE,  NOSTRAND  AVENUE,
THIRTY-FOURTH  STREET, HYLAN BOULEVARD, AND AN UNDESIGNATED ROUTE IN THE
BOROUGH OF QUEENS NOT TO EXCEED TEN MILES.  FOR PURPOSES OF THE  FORDHAM
ROAD  AND  FIRST/SECOND  AVENUE  ROUTES, THE AUTHORIZATION OF THIS PILOT
PROGRAM IS LIMITED TO THE DESIGNATED BUS LANES AS MAPPED AND  POSTED  ON
THE  OFFICIAL  METROPOLITAN  TRANSPORTATION AUTHORITY WEBSITE AS OF JUNE
SEVENTEENTH, TWO THOUSAND TEN. SUCH DESIGNATED BUS LANES  SHALL  NOT  BE
EXTENDED,  SHIFTED  TO  ANOTHER  ROADWAY  OR  ALTERED  IN ANY OTHER WAY.
PROVIDED, HOWEVER, THAT NOTHING SHALL PROHIBIT THE ALTERATION  OR  ADDI-
TION OF ANY BUS STOPS WITHIN SUCH MAPPED ROUTES.
  5.  "SELECT  BUS  SERVICE  LANE" SHALL MEAN A DESIGNATED BUS LANE THAT
INCLUDES UPGRADED SIGNAGE, ENHANCED ROAD MARKINGS, AND MINIMUM BUS  STOP
SPACING, AND MAY INCLUDE OFF-BOARD FARE PAYMENT, TRAFFIC SIGNAL PRIORITY

S. 6609--B                         54                         A. 9709--C

FOR  BUSES,  AND ANY OTHER ENHANCEMENT THAT INCREASES BUS SPEED OR RELI-
ABILITY WITHIN THE "BUS RAPID TRANSIT PHASE I" PLAN.
  6.  "BUS  RAPID  TRANSIT  DEMONSTRATION  PROGRAM"  SHALL  MEAN A PILOT
PROGRAM THAT OPERATES EXCLUSIVELY ON SELECT BUS SERVICE LANES WITHIN THE
"BUS RAPID TRANSIT PHASE I" PLAN PURSUANT  TO  THIS  SECTION.  PROVIDED,
HOWEVER,  TO  UTILIZE  A BUS LANE PHOTO DEVICE PURSUANT TO THIS PROGRAM,
THE ROADWAY, EXCEPT FOR THE 34TH STREET AND NOSTRAND  AVENUE  BUS  RAPID
TRANSIT  ROUTES,  MUST  HAVE  AT  LEAST TWO LANES OF TRAFFIC IN THE SAME
DIRECTION IN ADDITION TO THE SELECT BUS SERVICE LANE.
  7. "DESIGNATED BUS LANE" SHALL MEAN  AN  EXCLUSIVE  BUS  ONLY  TRAFFIC
LANE.
  (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE  THERE-
OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER  RECORDED  IMAGES  PRODUCED  BY  A BUS LANE PHOTO DEVICE, SHALL BE
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED  THEREIN.  ANY  PHOTOGRAPHS,
MICROPHOTOGRAPHS,  VIDEOTAPE  OR OTHER RECORDED IMAGES EVIDENCING SUCH A
VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI-
CATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION.
  (E) AN OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION  IMPOSED
ON  ANY  ROUTE WITHIN A BUS RAPID TRANSIT DEMONSTRATION PROGRAM SHALL BE
LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND
PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF  THE  CITY  OF
NEW  YORK;  PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A
BUS LANE RESTRICTION SHALL  NOT  EXCEED  ONE  HUNDRED  FIFTEEN  DOLLARS;
PROVIDED,  FURTHER,  THAT  AN  OWNER  SHALL  BE LIABLE FOR AN ADDITIONAL
PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR  EACH  VIOLATION  FOR  THE
FAILURE  TO  RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
PERIOD.
  (F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL  NOT  BE
DEEMED  A  CONVICTION  OF  AN OPERATOR AND SHALL NOT BE MADE PART OF THE
OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED,  NOR
SHALL  IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE INSURANCE COVERAGE.
  (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF  A  BUS  LANE
RESTRICTION.  PERSONAL  DELIVERY  TO  THE OWNER SHALL NOT BE REQUIRED. A
MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF
BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
PERSON  ALLEGED  TO  BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE
RESTRICTION, THE REGISTRATION NUMBER OF THE  VEHICLE  INVOLVED  IN  SUCH
VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE
STREET ADDRESS OR CROSS STREETS, ONE  OR  MORE  IMAGES  IDENTIFYING  THE
VIOLATION,  THE  DATE  AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION
NUMBER OF THE BUS LANE PHOTO DEVICE  WHICH  RECORDED  THE  VIOLATION  OR
OTHER DOCUMENT LOCATOR NUMBER.
  3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO  CONTEST
IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE  AGENCY
OR  AGENCIES  DESIGNATED  BY  THE  CITY OF NEW YORK, OR ANY OTHER ENTITY

S. 6609--B                         55                         A. 9709--C

AUTHORIZED BY SUCH  CITY  TO  PREPARE  AND  MAIL  SUCH  NOTIFICATION  OF
VIOLATION.
  5.  ADJUDICATION  OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
  (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF  LIABILITY  PURSUANT
TO  THIS  SECTION  FOR  ANY  TIME  PERIOD  DURING WHICH SUCH VEHICLE WAS
REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL  BE  A
VALID  DEFENSE  TO  AN  ALLEGATION OF LIABILITY FOR A VIOLATION OF A BUS
LANE RESTRICTION THAT THE VEHICLE HAD BEEN REPORTED  TO  THE  POLICE  AS
STOLEN  PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOV-
ERED BY SUCH TIME. FOR PURPOSES OF ASSERTING  THE  DEFENSE  PROVIDED  BY
THIS  SUBDIVISION  IT  SHALL  BE SUFFICIENT THAT A CERTIFIED COPY OF THE
POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL  TO  THE
PARKING VIOLATIONS BUREAU OF SUCH CITY.
  (I)  1.  AN  OWNER  WHO  IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS  SECTION  SHALL
NOT  BE  LIABLE  FOR  THE  VIOLATION OF A BUS LANE RESTRICTION, PROVIDED
THAT:
  (I) PRIOR TO THE VIOLATION, THE LESSOR HAS  FILED  WITH  SUCH  PARKING
VIOLATIONS  BUREAU  IN  ACCORDANCE  WITH  THE  PROVISIONS OF SECTION TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
  (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH  BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED  IN  THE  ORIGINAL  NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE  OF  THE  VEHICLE
IDENTIFIED  IN  THE  NOTICE  OF LIABILITY AT THE TIME OF SUCH VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY  SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  2.  FAILURE  TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
  3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH  ONE  OF
THIS  SUBDIVISION,  THE  LESSEE  OF  SUCH  VEHICLE  ON  THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT  TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION (G) OF THIS SECTION.
  (J) IF THE OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION  WAS
NOT  THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER
MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  (K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF BUS LANE RESTRICTIONS.
  (L)  IF  THE CITY OF NEW YORK ADOPTS A BUS RAPID TRANSIT DEMONSTRATION
PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION IT  SHALL  SUBMIT  A
REPORT ON THE RESULTS OF THE USE OF BUS LANE PHOTO DEVICES TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
BLY  BY APRIL FIRST, TWO THOUSAND TWELVE AND EVERY TWO YEARS THEREAFTER.
SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE  BUS  LANE  PHOTO
DEVICES WERE USED;
  2.  THE  TOTAL  NUMBER  OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL
BASIS;
  3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
  4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE  FIRST
NOTICE OF LIABILITY;

S. 6609--B                         56                         A. 9709--C

  5.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  6.  THE  TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY AND ANY PARTIC-
IPATING MASS TRANSIT AGENCY;
  7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS;
  8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA;
  9. THE TOTAL COST TO THE CITY AND THE TOTAL COST TO ANY  PARTICIPATING
MASS TRANSIT AGENCY; AND
  10.  A  DETAILED  REPORT ON THE BUS SPEEDS, RELIABILITY, AND RIDERSHIP
BEFORE AND AFTER IMPLEMENTATION OF THE BUS RAPID  TRANSIT  DEMONSTRATION
PROGRAM FOR EACH BUS ROUTE, INCLUDING CURRENT STATISTICS.
  S  10.  The  opening  paragraph  and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as  separately  amended  by
sections  4 of chapters 19 and 23 and sections 17 of chapters 20, 21, 22
and 383 of the laws of 2009, are amended to read as follows:
  Whenever proceedings in an administrative tribunal or a court of  this
state  result  in  a  conviction  for an offense under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, or  parking  or  violations  by
pedestrians or bicyclists, or other than an adjudication of liability of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-a  of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  section  eleven hundred
eleven-b of this chapter, OR OTHER THAN AN  ADJUDICATION  IN  ACCORDANCE
WITH  SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF
A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there shall be levied
a crime victim assistance fee and a mandatory surcharge, in addition  to
any  sentence  required  or  permitted  by  law,  in accordance with the
following schedule:
  (c) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result  in  a  conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter,  or  a  local  law,
ordinance,  rule  or  regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping,  or  parking  or
violations  by  pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
liability  of  an  owner  for  a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-b  of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations  pursuant
to  section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty OR OTHER THAN
AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-C  OF
THIS  CHAPTER  FOR  A  VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN
SUCH SECTION, there shall be levied a crime victim assistance fee in the
amount of five dollars and a mandatory surcharge,  in  addition  to  any
sentence  required  or  permitted  by  law,  in the amount of fifty-five
dollars.

S. 6609--B                         57                         A. 9709--C

  S 10-a. Subdivision 1 of section 1809 of the vehicle and traffic  law,
as  separately  amended by sections 5 of chapters 19 and 23 and sections
18 of chapters 20, 21, 22 and 383 of the laws of  2009,  is  amended  to
read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter,  other  than  a  traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment  or violations by pedestrians or bicyclists, or other than an adju-
dication of liability of an owner for a violation of subdivision (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred  eleven-a of this chapter, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter,  OR  OTHER  THAN  AN  ADJUDICATION  IN
ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A
VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN  SUCH  SECTION,  there
shall  be  levied  a  mandatory  surcharge,  in addition to any sentence
required or permitted by law, in the amount of twenty-five dollars.
  S 10-b. Subdivision 1 of section 1809 of the vehicle and traffic  law,
as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
of the laws of 1989, is amended to read as follows:
  1. Whenever proceedings in an administrative tribunal or  a  court  of
this  state  result  in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than  a  traffic  infraction
involving  standing,  stopping,  parking  or  motor vehicle equipment or
violations by pedestrians or bicyclists, OR OTHER THAN  AN  ADJUDICATION
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A
VIOLATION  OF  A  BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there
shall be levied a mandatory  surcharge,  in  addition  to  any  sentence
required or permitted by law, in the amount of seventeen dollars.
  S  11.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as separately amended by sections 6 of chapters 19  and
23  and  sections 19 of chapters 20, 21, 22 and 383 of the laws of 2009,
is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except an adjudication of liability of an owner for a violation
of subdivision (d) of section eleven hundred eleven of this  chapter  in
accordance  with  section  eleven  hundred eleven-b of this chapter, AND
EXCEPT  AN  ADJUDICATION  IN  ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
ELEVEN-C  OF  THIS  CHAPTER  OF A VIOLATION OF A BUS LANE RESTRICTION AS
DEFINED IN SUCH SECTION, and except an adjudication of liability  of  an
owner for a violation of toll collection regulations pursuant to section
two  thousand  nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be

S. 6609--B                         58                         A. 9709--C

levied in addition to any sentence, penalty or other surcharge  required
or permitted by law, an additional surcharge of twenty dollars.
  S  11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as added by section 1 of part EE of chapter 56  of  the
laws of 2008, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter,  AND  EXCEPT  AN  ADJUDICATION  IN  ACCORDANCE  WITH SECTION ELEVEN
HUNDRED  ELEVEN-C  OF  THIS  CHAPTER  OF  A  VIOLATION  OF  A  BUS  LANE
RESTRICTION  AS  DEFINED  IN SUCH SECTION, and except an adjudication of
liability of an owner for a violation  of  toll  collection  regulations
pursuant  to section two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
ter  seven  hundred  seventy-four of the laws of nineteen hundred fifty,
there shall be levied in addition to  any  sentence,  penalty  or  other
surcharge required or permitted by law, an additional surcharge of twen-
ty dollars.
  S  12.  Subdivision  2  of  section  87  of the public officers law is
amended by adding a new paragraph (l) to read as follows:
  (L) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
IMAGES  PRODUCED  BY A BUS LANE PHOTO DEVICE PREPARED UNDER AUTHORITY OF
SECTION ELEVEN HUNDRED ELEVEN-C OF THE VEHICLE AND TRAFFIC LAW.
  S 13.  The purchase or lease of equipment for the  bus  rapid  transit
demonstration  program  established  pursuant  to  section 1111-c of the
vehicle and traffic law shall be subject to the  provisions  of  section
103 of the general municipal law.
  S  14.  This act shall take effect on the ninetieth day after it shall
have become a law and shall expire 5 years  after  such  effective  date
when upon such date the provisions of this act shall be deemed repealed;
and provided that any rules and regulations related to this act shall be
promulgated on or before such effective date, provided that:
  (a)  the amendments to subdivision 1 of section 235 of the vehicle and
traffic law made by section one of this act  shall  be  subject  to  the
expiration  and reversion of such section pursuant to subdivision (p) of
section 406 of chapter 166 of the laws of 1991, as  amended,  when  upon
such date the provisions of section one-a of this act shall take effect;
  (b)  the amendments to section 235 of the vehicle and traffic law made
by section one-a of this act shall be  subject  to  the  expiration  and
reversion  of  such section pursuant to section 17 of chapter 746 of the
laws of 1988, as amended, when upon such date the provisions of  section
one-b of this act shall take effect;
  (c)  the amendments to section 235 of the vehicle and traffic law made
by section one-b of this act shall be  subject  to  the  expiration  and
reversion  of  such section pursuant to section 18 of chapter 379 of the
laws of 1992, as amended, when upon such date the provisions of  section
one-c of this act shall take effect;
  (d)  the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two of this act  shall  be  subject  to  the

S. 6609--B                         59                         A. 9709--C

expiration  and  reversion of such subdivision pursuant to section 17 of
chapter 746 of the laws of 1988, as amended, when  upon  such  date  the
provisions of section two-a of this act shall take effect;
  (e)  the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two-a of this act shall be  subject  to  the
expiration  and  reversion  of such subdivision pursuant to chapters 20,
21, 22 and 383 of the laws of 2009, as amended, when upon such date  the
provisions of section two-b of this act shall take effect;
  (f)  the  amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four of this  act  shall  be
subject  to  the  expiration and reversion of such paragraph pursuant to
section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
such  date  the  provisions  of  section  four-a  of this act shall take
effect;
  (g) the amendments to paragraph f of subdivision 1 of section  239  of
the  vehicle and traffic law made by section four-a of this act shall be
subject to the expiration and reversion of such  paragraph  pursuant  to
chapters  20,  21, 22 and 383 of the laws of 2009, as amended, when upon
such date the provisions of  section  four-b  of  this  act  shall  take
effect;
  (h)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by  section  five  of  this  act  shall  be
subject to the expiration and reversion of such subdivisions pursuant to
section  17  of  chapter  746 of the laws of 1988, as amended, when upon
such date the provisions of  section  five-a  of  this  act  shall  take
effect;
  (i)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-a  of  this  act  shall  be
subject to the expiration and reversion of such subdivisions pursuant to
chapters  20,  21, 22 and 383 of the laws of 2009, as amended, when upon
such date the provisions of  section  five-b  of  this  act  shall  take
effect;
  (j)  the  amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six of this act shall
be subject to the expiration and reversion of such  paragraphs  pursuant
to  section 17 of chapter 746 of the laws of 1988, as amended, when upon
such date the provisions of section six-a of this act shall take effect;
  (k) the amendments to paragraphs a and g of subdivision 2  of  section
240  of  the  vehicle  and traffic law made by section six-a of this act
shall be subject to the expiration  and  reversion  of  such  paragraphs
pursuant to chapters 20, 21, 22 and 383 of the laws of 2009, as amended,
when  upon  such  date the provisions of section six-b of this act shall
take effect;
  (l) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven of this act shall  be  subject
to the expiration and reversion of such subdivisions pursuant to section
17  of  chapter 746 of the laws of 1988, as amended, when upon such date
the provisions of section seven-a of this act shall take effect;
  (m) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven-a of this act shall be subject
to the expiration and reversion of such subdivisions pursuant  to  chap-
ters  20, 21, 22 and 383 of the laws of 2009, as amended, when upon such
date the provisions of section seven-b of this act shall take effect;
  (n) the amendments to subparagraph (i) of paragraph a  of  subdivision
5-a  of section 401 of the vehicle and traffic law made by section eight
of this act shall be subject to the expiration  and  reversion  of  such

S. 6609--B                         60                         A. 9709--C

subparagraph  pursuant to section 17 of chapter 746 of the laws of 1988,
as amended, when upon such date the provisions  of  section  eight-a  of
this act shall take effect;
  (o) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section eight-a of this act shall be
subject  to  the  expiration and reversion of such paragraph pursuant to
chapters 19, 20, 21, 22, 23 and 383 of the laws  of  2009,  as  amended,
when  upon such date the provisions of section eight-b of this act shall
take effect;
  (p) the amendments to the  opening  paragraph  and  paragraph  (c)  of
subdivision  1  of  section  1809 of the vehicle and traffic law made by
section ten of this act shall be subject to the expiration and reversion
of such paragraphs pursuant to subdivision (p) of section 406 of chapter
166 of the laws of 1991, section 10 of chapter 19 of the laws  of  2009,
sections  24  of chapters 20 and 383 of the laws of 2009, sections 22 of
chapters 21 and 22 of the laws of 2009 and section 9 of  chapter  23  of
the  laws  of  2009,  as  amended, when upon such date the provisions of
section ten-a of this act shall take effect;
  (q) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section ten-a of this act shall be  subject  to  the
expiration  and  reversion of such subdivision pursuant to section 17 of
chapter 746 of the laws of 1988, section 10 of chapter 19 of the laws of
2009, sections 24 of chapters 20 and 383 of the laws of  2009,  sections
22 of chapters 21 and 22 of the laws of 2009, section 9 of chapter 23 of
the  laws  of  2009,  as  amended, when upon such date the provisions of
section ten-b of this act shall take effect; and
  (r) the amendments to paragraph a of subdivision 1 of  section  1809-e
of  the vehicle and traffic law made by section eleven of this act shall
be subject to the expiration and reversion of such paragraph  when  upon
such  date  the  provisions  of  section eleven-a of this act shall take
effect.

                                 PART JJ

  Section 1. Section 878 of the public authorities  law  is  amended  by
adding a new subdivision 6 to read as follows:
  6. IN FULFILLING THE AUTHORITY'S MISSION, THE BOARD SHALL WORK COOPER-
ATIVELY  AND  IN  CONSULTATION  WITH  THE  DEPARTMENT OF AGRICULTURE AND
MARKETS TO ASSURE THE PROPER DEVELOPMENT OF REGIONAL  MARKET  FACILITIES
IN  THE  GENESEE  VALLEY  REGIONAL  MARKET  DISTRICT.  THE BOARD AND THE
DEPARTMENT OF AGRICULTURE AND MARKETS SHALL JOINTLY DEVELOP A  PLAN  FOR
THE  FUTURE  DEVELOPMENT  AND VIABILITY OF REGIONAL MARKET FACILITIES IN
THE DISTRICT. SUCH PLAN SHALL INCLUDE BOTH  SHORT  TERM  AND  LONG  TERM
GOALS  AND  OBJECTIVES  AS  WELL  AS  ACTUAL  AND PROJECTED REVENUES AND
EXPENDITURES.  SUCH  PLAN  SHALL  ANNUALLY   ALLOCATE   NO   LESS   THAN
SEVENTY-FIVE   PERCENT  OF  THE  AUTHORITY'S  AVAILABLE  FUNDS  FOR  THE
CREATION, DEVELOPMENT, AND ENHANCEMENT OF REGIONAL MARKET FACILITIES  IN
THE  DISTRICT.   FOR PURPOSES OF THIS SUBDIVISION, AVAILABLE FUNDS SHALL
MEAN THE NET AMOUNT AVAILABLE AFTER CONTRACTUALLY OBLIGATED EXPENDITURES
ARE SUBTRACTED FROM, BUT NOT BE  LIMITED  TO,  CASH,  CASH  EQUIVALENTS,
CERTIFICATES  OF DEPOSIT, AND OTHER RECEIVABLES AVAILABLE. THE BOARD AND
DEPARTMENT SHALL MEET ANNUALLY PRIOR TO THE  CLOSE  OF  THE  AUTHORITY'S
FISCAL  YEAR  TO EVALUATE THE EFFECTIVENESS OF THE USE OF FUNDS FOR THAT
FISCAL YEAR, REVIEW THE GOALS AND OBJECTIVES OF THE PLAN,  AND  PROPERLY
PREPARE  FOR  THE  ALLOCATION  AND USE OF SUCH FUNDS FOR THE NEXT FISCAL
YEAR. THE PLAN SHALL BE UPDATED ANNUALLY TO MAKE  APPROPRIATE  MODIFICA-

S. 6609--B                         61                         A. 9709--C

TIONS  TO  SUCH  PLAN  FOR THE NEXT FISCAL YEAR. PRIOR TO ANY SUCH FUNDS
BEING EXPENDED, BOTH THE BOARD AND  THE  DEPARTMENT  MUST  APPROVE  SUCH
PLAN,  ITS  GOALS  AND  OBJECTIVES AS WELL AS THE PROJECTED REVENUES AND
PROPOSED ALLOCATIONS.
  THE  GENESEE  VALLEY REGIONAL MARKET AUTHORITY SHALL FURNISH AN ANNUAL
REAL ESTATE REPORT DETAILING ALL REAL ESTATE HOLDINGS AND DETAILED PROP-
ERTY INFORMATION, INCLUDING BUT NOT LIMITED TO  THE  TENANTS,  IMPORTANT
LEASE  TERMS,  RENTS,  DURATIONS  OF  LEASES,  AS WELL AS COPIES OF EACH
LEASE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  THE
GENESEE  VALLEY  REGIONAL  MARKET  AUTHORITY  SHALL FURNISH ALL REQUIRED
REPORTS, AUDITS, AND REVIEWS, INCLUDING THE ANNUAL REAL  ESTATE  REPORT,
TO ALL PARTIES ENUMERATED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
TWENTY-EIGHT  HUNDRED  OF  THIS  CHAPTER AS WELL AS TO THE DEPARTMENT OF
AGRICULTURE AND MARKETS, WITHIN NINETY DAYS AFTER THE END OF ITS  FISCAL
YEAR.
  S 2. Notwithstanding any provision of law to the contrary, the Genesee
Valley  Regional  Market  Authority is authorized and directed to make a
contribution to the state treasury to the credit of the general fund  in
the  amount  of  $12,000,000  by  December  1, 2010, for the fiscal year
commencing April 1, 2010.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2010.

                                 PART KK

  Intentionally omitted.

                                 PART LL

  Section  1. The director of the division of the lottery and the chair-
man of the racing and wagering board,  shall,  to  the  greatest  extent
possible,  coordinate and centralize administrative functions, including
but not limited to,  clerical,  payroll,  bookkeeping,  procurement  and
human resource functions in an effort to create greater efficiencies and
cost savings. The director of the division of the lottery and the chair-
man  of  the  racing  and wagering board shall report on the progress of
such shared services initiatives undertaken during  the  2010-11  fiscal
year,  including such savings achieved thereby, as well as the identifi-
cation of future shared services opportunities,  to  the  governor,  the
temporary president of the senate, and the speaker of the assembly on or
before January 1, 2011.
  S 2. This act shall take effect immediately.

                                 PART MM

  Section  1.  The  economic  development law is amended by adding a new
article 17 to read as follows:
                               ARTICLE 17
                       EXCELSIOR JOBS PROGRAM ACT
SECTION 350. SHORT TITLE.
        351. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
        352. DEFINITIONS.
        353. ELIGIBILITY CRITERIA.
        354. APPLICATION AND APPROVAL PROCESS.
        355. EXCELSIOR JOBS PROGRAM CREDIT.
        356. POWERS AND DUTIES OF THE COMMISSIONER.

S. 6609--B                         62                         A. 9709--C

        357. MAINTENANCE OF RECORDS.
        358. REPORTING.
        359. CAP ON TAX CREDIT.
  S  350.  SHORT TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "EXCELSIOR JOBS PROGRAM ACT".
  S 351. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.  IT IS HERE-
BY FOUND AND DECLARED THAT NEW YORK STATE NEEDS, AS A MATTER  OF  PUBLIC
POLICY,  TO  CREATE  COMPETITIVE  FINANCIAL INCENTIVES FOR BUSINESSES TO
CREATE JOBS AND INVEST IN THE NEW ECONOMY. THE  EXCELSIOR  JOBS  PROGRAM
ACT IS CREATED TO SUPPORT THE GROWTH OF THE STATE'S TRADITIONAL ECONOMIC
PILLARS  INCLUDING  THE  MANUFACTURING  AND  FINANCIAL INDUSTRIES AND TO
ENSURE THAT NEW YORK EMERGES AS THE LEADER IN THE KNOWLEDGE,  TECHNOLOGY
AND  INNOVATION  BASED ECONOMY. THE PROGRAM WILL ENCOURAGE THE EXPANSION
IN AND RELOCATION TO NEW YORK OF BUSINESSES IN GROWTH INDUSTRIES SUCH AS
CLEAN-TECH,  BROADBAND,  INFORMATION  SYSTEMS,  RENEWABLE   ENERGY   AND
BIOTECHNOLOGY.
  THIS  LEGISLATION  CREATES  THE EXCELSIOR JOBS PROGRAM, WHICH HAS FOUR
COMPONENTS: THE EXCELSIOR JOBS TAX CREDIT, THE EXCELSIOR INVESTMENT  TAX
CREDIT,  THE  EXCELSIOR  RESEARCH  AND  DEVELOPMENT  TAX  CREDIT AND THE
EXCELSIOR REAL PROPERTY TAX CREDIT.    THESE  CREDITS  ARE  DESIGNED  TO
PROMOTE  BUSINESS  EXPANSION  IN NEW YORK STATE AND INCREASE JOBS IN THE
NEW ECONOMY. AT THE SAME TIME, THE  PROGRAM  PROTECTS  STATE  TAXPAYERS'
DOLLARS  BY  ENSURING  THAT NEW YORK PROVIDES TAX BENEFITS ONLY TO BUSI-
NESSES THAT HAVE CREATED THE PROMISED JOBS AND MADE THE PROMISED INVEST-
MENTS.
  S 352. DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE:
  1. "AGRICULTURE" MEANS BOTH  AGRICULTURAL  PRODUCTION  (ESTABLISHMENTS
PERFORMING  THE COMPLETE FARM OR RANCH OPERATION, SUCH AS FARM OWNER-OP-
ERATORS, TENANT FARM  OPERATORS,  AND  SHARECROPPERS)  AND  AGRICULTURAL
SUPPORT  (ESTABLISHMENTS  THAT PERFORM ONE OR MORE ACTIVITIES ASSOCIATED
WITH FARM OPERATION, SUCH AS SOIL PREPARATION, PLANTING, HARVESTING, AND
MANAGEMENT, ON A CONTRACT OR FEE BASIS).
  2. "BACK OFFICE OPERATIONS" MEANS A BUSINESS FUNCTION THAT MAY INCLUDE
ONE OR MORE OF THE FOLLOWING ACTIVITIES: CUSTOMER  SERVICE,  INFORMATION
TECHNOLOGY  AND DATA PROCESSING, HUMAN RESOURCES, ACCOUNTING AND RELATED
ADMINISTRATIVE FUNCTIONS.
  3. "BENEFIT-COST RATIO" MEANS THE FOLLOWING CALCULATION: THE NUMERATOR
IS THE SUM OF (I) THE VALUE OF ALL REMUNERATION PROJECTED TO BE PAID FOR
ALL NET NEW JOBS DURING THE PERIOD OF PARTICIPATION IN THE PROGRAM,  AND
(II)  THE VALUE OF CAPITAL INVESTMENTS TO BE MADE BY THE BUSINESS ENTER-
PRISE DURING THE PERIOD OF PARTICIPATION IN THE PROGRAM, AND THE DENOMI-
NATOR IS THE AMOUNT OF TOTAL TAX BENEFITS UNDER THIS ARTICLE  THAT  WILL
BE USED AND REFUNDED.
  4.  "CERTIFICATE  OF  ELIGIBILITY"  MEANS  THE  DOCUMENT ISSUED BY THE
DEPARTMENT TO AN APPLICANT THAT  HAS  COMPLETED  AN  APPLICATION  TO  BE
ADMITTED  INTO THE EXCELSIOR JOBS PROGRAM AND HAS BEEN ACCEPTED INTO THE
PROGRAM BY THE DEPARTMENT. POSSESSION OF A  CERTIFICATE  OF  ELIGIBILITY
DOES NOT BY ITSELF GUARANTEE THE ELIGIBILITY TO CLAIM THE TAX CREDIT.
  5.  "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A PARTIC-
IPANT BY THE DEPARTMENT, AFTER THE  DEPARTMENT  HAS  VERIFIED  THAT  THE
PARTICIPANT HAS MET ALL APPLICABLE ELIGIBILITY CRITERIA IN THIS ARTICLE.
THE  CERTIFICATE SHALL BE ISSUED ANNUALLY IF SUCH CRITERIA ARE SATISFIED
AND SHALL SPECIFY THE EXACT AMOUNT OF EACH OF THE TAX CREDIT  COMPONENTS
UNDER  THIS  ARTICLE  THAT  A PARTICIPANT MAY CLAIM, PURSUANT TO SECTION
THREE HUNDRED FIFTY-FIVE OF THIS ARTICLE, AND SHALL SPECIFY THE  TAXABLE
YEAR IN WHICH SUCH CREDIT MAY BE CLAIMED.

S. 6609--B                         63                         A. 9709--C

  6.  "DISTRIBUTION CENTER" MEANS A LARGE SCALE FACILITY INVOLVING PROC-
ESSING, REPACKAGING AND/OR MOVEMENT OF FINISHED OR  SEMI-FINISHED  GOODS
TO RETAIL LOCATIONS ACROSS A MULTI-STATE AREA.
  7.  "FINANCIAL  SERVICES  DATA  CENTERS OR FINANCIAL SERVICES CUSTOMER
BACK OFFICE  OPERATIONS"  MEANS  OPERATIONS  THAT  MANAGE  THE  DATA  OR
ACCOUNTS OF EXISTING CUSTOMERS OR PROVIDE PRODUCT OR SERVICE INFORMATION
AND  SUPPORT  TO  CUSTOMERS  OF  FINANCIAL SERVICES COMPANIES, INCLUDING
BANKS, OTHER LENDERS, SECURITIES AND COMMODITIES  BROKERS  AND  DEALERS,
INVESTMENT  BANKS,  PORTFOLIO  MANAGERS,  TRUST  OFFICES,  AND INSURANCE
COMPANIES.
  8. "INVESTMENT ZONE" SHALL MEAN AN AREA WITHIN THE STATE THAT HAD BEEN
DESIGNATED UNDER PARAGRAPH (I) OF SUBDIVISION (A) AND SUBDIVISION (D) OF
SECTION NINE HUNDRED FIFTY-EIGHT OF THE GENERAL MUNICIPAL LAW  THAT  WAS
WHOLLY  CONTAINED  WITHIN  UP  TO  FOUR DISTINCT AND SEPARATE CONTIGUOUS
AREAS AS OF THE DATE IMMEDIATELY PRECEDING THE DATE THE  DESIGNATION  OF
SUCH  AREA  EXPIRED  PURSUANT  TO SECTION NINE HUNDRED SIXTY-NINE OF THE
GENERAL MUNICIPAL LAW.
  9. "MANUFACTURING" MEANS THE PROCESS OF  WORKING  RAW  MATERIALS  INTO
PRODUCTS  SUITABLE FOR USE OR WHICH GIVES NEW SHAPES, NEW QUALITY OR NEW
COMBINATIONS TO MATTER WHICH HAS ALREADY GONE  THROUGH  SOME  ARTIFICIAL
PROCESS  BY  THE  USE  OF MACHINERY, TOOLS, APPLIANCES, OR OTHER SIMILAR
EQUIPMENT.  "MANUFACTURING" DOES NOT INCLUDE AN OPERATION THAT  INVOLVES
ONLY  THE  ASSEMBLY  OF  COMPONENTS,  PROVIDED, HOWEVER, THE ASSEMBLY OF
MOTOR VEHICLES OR OTHER HIGH VALUE-ADDED PRODUCTS  SHALL  BE  CONSIDERED
MANUFACTURING.
  10. "NET NEW JOBS" MEANS JOBS CREATED IN THIS STATE THAT:
  (A) ARE NEW TO THE STATE;
  (B)  HAVE  NOT  BEEN TRANSFERRED FROM EMPLOYMENT WITH ANOTHER BUSINESS
LOCATED IN THIS STATE INCLUDING FROM A RELATED PERSON IN THIS STATE;
  (C) ARE EITHER FULL-TIME WAGE-PAYING JOBS OR EQUIVALENT TO A FULL-TIME
WAGE-PAYING JOB REQUIRING AT LEAST THIRTY-FIVE HOURS PER WEEK; AND
  (D) ARE FILLED FOR MORE THAN SIX MONTHS.
  11. "PARTICIPANT" MEANS A BUSINESS ENTITY THAT:
  (A) HAS COMPLETED AN APPLICATION PRESCRIBED BY THE  DEPARTMENT  TO  BE
ADMITTED INTO THE PROGRAM;
  (B) HAS BEEN ISSUED A CERTIFICATE OF ELIGIBILITY BY THE DEPARTMENT;
  (C) HAS DEMONSTRATED THAT IT MEETS THE ELIGIBILITY CRITERIA IN SECTION
THREE  HUNDRED  FIFTY-THREE AND SUBDIVISION TWO OF SECTION THREE HUNDRED
FIFTY-FOUR OF THIS ARTICLE; AND
  (D) HAS BEEN CERTIFIED AS A PARTICIPANT BY THE COMMISSIONER.
  12. "PRELIMINARY SCHEDULE OF BENEFITS"  MEANS  THE  MAXIMUM  AGGREGATE
AMOUNT  OF  EACH  COMPONENT  OF THE TAX CREDIT THAT A PARTICIPANT IN THE
EXCELSIOR JOBS PROGRAM IS ELIGIBLE TO RECEIVE PURSUANT TO THIS  ARTICLE.
THE  SCHEDULE  SHALL INDICATE THE ANNUAL AMOUNT OF EACH COMPONENT OF THE
CREDIT A PARTICIPANT MAY CLAIM IN EACH OF ITS FIVE YEARS OF ELIGIBILITY.
THE PRELIMINARY SCHEDULE OF BENEFITS SHALL BE ISSUED BY  THE  DEPARTMENT
WHEN  THE  DEPARTMENT  APPROVES  THE  APPLICATION FOR ADMISSION INTO THE
PROGRAM. THE COMMISSIONER MAY AMEND THAT  SCHEDULE,  PROVIDED  THAT  THE
COMMISSIONER  COMPLIES  WITH  THE  CREDIT  CAPS IN SECTION THREE HUNDRED
FIFTY-NINE OF THIS ARTICLE.
  13. "QUALIFIED INVESTMENT" MEANS AN INVESTMENT  IN  TANGIBLE  PROPERTY
(INCLUDING  A BUILDING OR A STRUCTURAL COMPONENT OF A BUILDING) OWNED BY
A BUSINESS ENTERPRISE WHICH:
  (A) IS DEPRECIABLE PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN OF  THE
INTERNAL REVENUE CODE;
  (B) HAS A USEFUL LIFE OF FOUR YEARS OR MORE;

S. 6609--B                         64                         A. 9709--C

  (C)  IS  ACQUIRED BY PURCHASE AS DEFINED IN SECTION ONE HUNDRED SEVEN-
TY-NINE (D) OF THE INTERNAL REVENUE CODE;
  (D) HAS A SITUS IN THIS STATE; AND
  (E) IS PLACED IN SERVICE IN THE STATE ON OR AFTER THE DATE THE CERTIF-
ICATE OF ELIGIBILITY IS ISSUED TO THE BUSINESS ENTERPRISE.
  14. "REGIONALLY SIGNIFICANT PROJECT" MEANS (A) A MANUFACTURER CREATING
AT  LEAST FIFTY NET NEW JOBS IN THE STATE AND MAKING SIGNIFICANT CAPITAL
INVESTMENT IN THE STATE; (B) A BUSINESS CREATING AT LEAST TWENTY NET NEW
JOBS IN AGRICULTURE IN THE STATE AND MAKING SIGNIFICANT CAPITAL  INVEST-
MENT  IN  THE STATE, (C) A FINANCIAL SERVICES FIRM, DISTRIBUTION CENTER,
OR BACK OFFICE OPERATION CREATING AT LEAST THREE HUNDRED NET NEW JOBS IN
THE STATE AND MAKING SIGNIFICANT CAPITAL INVESTMENT IN THE STATE, OR (D)
A SCIENTIFIC RESEARCH AND DEVELOPMENT FIRM CREATING AT LEAST TWENTY  NET
NEW  JOBS IN THE STATE, AND MAKING SIGNIFICANT CAPITAL INVESTMENT IN THE
STATE. OTHER BUSINESSES CREATING THREE HUNDRED OR MORE NET NEW  JOBS  IN
THE  STATE AND MAKING SIGNIFICANT CAPITAL INVESTMENT IN THE STATE MAY BE
CONSIDERED ELIGIBLE AS A REGIONALLY SIGNIFICANT PROJECT BY  THE  COMMIS-
SIONER  AS  WELL. THE COMMISSIONER SHALL PROMULGATE REGULATIONS PURSUANT
TO SECTION THREE HUNDRED FIFTY-SIX OF THIS  ARTICLE  TO  DETERMINE  WHAT
CONSTITUTES SIGNIFICANT CAPITAL INVESTMENT FOR EACH OF THE PROJECT CATE-
GORIES  INDICATED  IN  THIS  SUBDIVISION  AND WHAT ADDITIONAL CRITERIA A
BUSINESS MUST MEET TO BE ELIGIBLE AS A REGIONALLY  SIGNIFICANT  PROJECT,
INCLUDING,  BUT NOT LIMITED TO, WHETHER A BUSINESS EXPORTS A SUBSTANTIAL
PORTION OF ITS PRODUCTS OR SERVICES OUTSIDE OF THE STATE OR OUTSIDE OF A
METROPOLITAN STATISTICAL AREA OR COUNTY WITHIN THE STATE.
  15. "RELATED PERSON" MEANS A "RELATED PERSON" PURSUANT TO SUBPARAGRAPH
(C) OF PARAGRAPH THREE OF SUBSECTION (B) OF SECTION FOUR HUNDRED  SIXTY-
FIVE OF THE INTERNAL REVENUE CODE.
  16.  "REMUNERATION"  MEANS WAGES AND BENEFITS PAID TO AN EMPLOYEE BY A
PARTICIPANT IN THE EXCELSIOR JOBS PROGRAM.
  17. "RESEARCH AND DEVELOPMENT EXPENDITURES" MEAN THE EXPENSES  OF  THE
BUSINESS  ENTERPRISE  THAT  ARE  QUALIFIED  RESEARCH  EXPENSES UNDER THE
FEDERAL RESEARCH AND DEVELOPMENT CREDIT UNDER SECTION FORTY-ONE  OF  THE
INTERNAL  REVENUE  CODE  AND ARE ATTRIBUTABLE TO ACTIVITIES CONDUCTED IN
THE STATE.  IF THE FEDERAL RESEARCH AND DEVELOPMENT CREDIT HAS  EXPIRED,
THEN THE RESEARCH AND DEVELOPMENT EXPENDITURES SHALL BE CALCULATED AS IF
THE  FEDERAL RESEARCH AND DEVELOPMENT CREDIT STRUCTURE AND DEFINITION IN
EFFECT IN FEDERAL TAX YEAR TWO THOUSAND NINE WERE STILL IN EFFECT.
  18. "SCIENTIFIC RESEARCH AND DEVELOPMENT"  MEANS  CONDUCTING  RESEARCH
AND  EXPERIMENTAL  DEVELOPMENT  IN  THE  PHYSICAL, ENGINEERING, AND LIFE
SCIENCES, INCLUDING BUT NOT LIMITED TO AGRICULTURE,  ELECTRONICS,  ENVI-
RONMENTAL,  BIOLOGY,  BOTANY, BIOTECHNOLOGY, COMPUTERS, CHEMISTRY, FOOD,
FISHERIES, FORESTS, GEOLOGY, HEALTH, MATHEMATICS,  MEDICINE,  OCEANOGRA-
PHY,  PHARMACY,  PHYSICS, VETERINARY, AND OTHER ALLIED SUBJECTS. FOR THE
PURPOSES OF THIS ARTICLE, SCIENTIFIC RESEARCH AND DEVELOPMENT  DOES  NOT
INCLUDE MEDICAL OR VETERINARY LABORATORY TESTING FACILITIES.
  19.  "SOFTWARE  DEVELOPMENT"  MEANS  THE  CREATION  OF  CODED COMPUTER
INSTRUCTIONS AND INCLUDES NEW MEDIA AS DEFINED BY  THE  COMMISSIONER  IN
REGULATIONS.
  S  353. ELIGIBILITY CRITERIA.  1. TO BE A PARTICIPANT IN THE EXCELSIOR
JOBS PROGRAM, A BUSINESS ENTITY SHALL OPERATE IN NEW YORK STATE PREDOMI-
NANTLY:
  (A) AS A FINANCIAL SERVICES DATA CENTER OR A FINANCIAL  SERVICES  BACK
OFFICE OPERATION;
  (B) IN MANUFACTURING;
  (C) IN SOFTWARE DEVELOPMENT AND NEW MEDIA;

S. 6609--B                         65                         A. 9709--C

  (D) IN SCIENTIFIC RESEARCH AND DEVELOPMENT;
  (E) IN AGRICULTURE;
  (F)  IN  THE  CREATION  OR  EXPANSION OF BACK OFFICE OPERATIONS IN THE
STATE;
  (G) IN A DISTRIBUTION CENTER; OR
  (H) IN AN  INDUSTRY  WITH  SIGNIFICANT  POTENTIAL  FOR  PRIVATE-SECTOR
ECONOMIC  GROWTH  AND  DEVELOPMENT  IN  THIS STATE AS ESTABLISHED BY THE
COMMISSIONER IN REGULATIONS PROMULGATED PURSUANT  TO  THIS  ARTICLE.  IN
PROMULGATING  SUCH  REGULATIONS  THE  COMMISSIONER SHALL INCLUDE JOB AND
INVESTMENT CRITERIA.
  2. FOR THE PURPOSES OF THIS ARTICLE, IN ORDER TO  PARTICIPATE  IN  THE
EXCELSIOR  JOBS  PROGRAM,  A  BUSINESS ENTITY OPERATING PREDOMINANTLY IN
MANUFACTURING MUST CREATE AT LEAST TWENTY-FIVE NET NEW JOBS; A  BUSINESS
ENTITY  OPERATING  PREDOMINATELY IN AGRICULTURE MUST CREATE AT LEAST TEN
NET NEW JOBS; A BUSINESS ENTITY OPERATING PREDOMINANTLY AS  A  FINANCIAL
SERVICE DATA CENTER OR FINANCIAL SERVICES CUSTOMER BACK OFFICE OPERATION
MUST CREATE AT LEAST ONE HUNDRED NET NEW JOBS; A BUSINESS ENTITY OPERAT-
ING  PREDOMINANTLY IN SCIENTIFIC RESEARCH AND DEVELOPMENT MUST CREATE AT
LEAST TEN NET NEW JOBS; A BUSINESS  ENTITY  OPERATING  PREDOMINANTLY  IN
SOFTWARE  DEVELOPMENT  MUST CREATE AT LEAST TEN NET NEW JOBS; A BUSINESS
ENTITY CREATING OR EXPANDING BACK OFFICE OPERATIONS  OR  A  DISTRIBUTION
CENTER IN THE STATE MUST CREATE AT LEAST ONE HUNDRED FIFTY NET NEW JOBS,
NOTWITHSTANDING  SUBDIVISION  FOUR OF THIS SECTION; OR A BUSINESS ENTITY
MUST BE A REGIONALLY SIGNIFICANT PROJECT AS DEFINED IN THIS ARTICLE; OR
  3. A BUSINESS ENTITY OPERATING PREDOMINANTLY IN ONE OF THE  INDUSTRIES
REFERENCED  IN  PARAGRAPHS  (A)  THROUGH  (H) OF SUBDIVISION ONE OF THIS
SECTION BUT WHICH DOES NOT MEET THE JOB REQUIREMENTS OF SUBDIVISION  TWO
OF  THIS  SECTION MUST HAVE AT LEAST FIFTY FULL-TIME JOB EQUIVALENTS AND
MUST DEMONSTRATE THAT ITS BENEFIT-COST RATIO IS AT LEAST TEN TO ONE.
  4. A NOT-FOR-PROFIT BUSINESS ENTITY, A BUSINESS ENTITY  WHOSE  PRIMARY
FUNCTION IS THE PROVISION OF SERVICES INCLUDING PERSONAL SERVICES, BUSI-
NESS  SERVICES,  OR  THE  PROVISION  OF UTILITIES, AND A BUSINESS ENTITY
ENGAGED PREDOMINANTLY IN THE RETAIL OR  ENTERTAINMENT  INDUSTRY,  AND  A
COMPANY  ENGAGED  IN  THE GENERATION OR DISTRIBUTION OF ELECTRICITY, THE
DISTRIBUTION OF NATURAL GAS, OR THE PRODUCTION OF STEAM ASSOCIATED  WITH
THE GENERATION OF ELECTRICITY ARE NOT ELIGIBLE TO RECEIVE THE TAX CREDIT
DESCRIBED IN THIS ARTICLE.
  5.  A BUSINESS ENTITY MUST BE IN COMPLIANCE WITH ALL WORKER PROTECTION
AND ENVIRONMENTAL LAWS AND REGULATIONS. IN ADDITION, A  BUSINESS  ENTITY
MAY NOT OWE PAST DUE STATE TAXES OR LOCAL PROPERTY TAXES.
  S  354.  APPLICATION  AND APPROVAL PROCESS.   1. A BUSINESS ENTERPRISE
MUST SUBMIT A COMPLETED APPLICATION AS PRESCRIBED BY  THE  COMMISSIONER.
AN APPLICATION MAY BE RECOMMENDED BY ENTITIES, INCLUDING BUT NOT LIMITED
TO,  THOSE  CREATED  PURSUANT TO SUBDIVISION (E) OF SECTION NINE HUNDRED
FIFTY-SEVEN OF THE GENERAL MUNICIPAL LAW.
  2. AS PART OF SUCH APPLICATION, EACH BUSINESS ENTERPRISE MUST:
  (A) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE ITS
TAX INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED  AS
A  RESULT  OF  THIS  AGREEMENT  SHALL NOT BE AVAILABLE FOR DISCLOSURE OR
INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW.
  (B) AGREE TO ALLOW THE DEPARTMENT  OF  LABOR  TO  SHARE  ITS  TAX  AND
EMPLOYER  INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY INFORMATION
SHARED AS A RESULT OF THIS AGREEMENT SHALL NOT BE AVAILABLE FOR  DISCLO-
SURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW.
  (C)  ALLOW  THE  DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE.

S. 6609--B                         66                         A. 9709--C

  (D) AGREE TO BE PERMANENTLY DECERTIFIED FROM THE EMPIRE ZONES  PROGRAM
IF  ADMITTED  INTO  THE  EXCELSIOR JOBS PROGRAM, EFFECTIVE FOR THE FIRST
TAXABLE YEAR THAT THE BUSINESS ENTERPRISE MAY CLAIM THE  EXCELSIOR  JOBS
PROGRAM CREDIT AND FOR ALL SUBSEQUENT TAXABLE YEARS.
  (E) PROVIDE THE FOLLOWING INFORMATION TO THE DEPARTMENT UPON REQUEST:
  (I)  A  PLAN OUTLINING THE SCHEDULE FOR MEETING THE JOB AND INVESTMENT
REQUIREMENTS AS SET FORTH IN SUBDIVISIONS TWO AND THREE OF SECTION THREE
HUNDRED FIFTY-THREE OF THIS ARTICLE.  SUCH PLAN MUST INCLUDE DETAILS  ON
JOB TITLES AND EXPECTED SALARIES;
  (II)  THE  PRIOR  THREE YEARS OF FEDERAL AND STATE INCOME OR FRANCHISE
TAX RETURNS, UNEMPLOYMENT INSURANCE QUARTERLY RETURNS, REAL PROPERTY TAX
BILLS AND AUDITED FINANCIAL STATEMENTS;
  (III) THE AMOUNT AND DESCRIPTION OF  PROJECTED  QUALIFIED  INVESTMENTS
FOR WHICH IT PLANS TO CLAIM THE EXCELSIOR INVESTMENT TAX CREDIT;
  (IV)  AN  ESTIMATE OF THE PORTION OF ANY FEDERAL RESEARCH AND DEVELOP-
MENT TAX CREDITS, ATTRIBUTABLE TO RESEARCH  AND  DEVELOPMENT  ACTIVITIES
CONDUCTED  IN NEW YORK STATE, THAT IT ANTICIPATES CLAIMING FOR THE YEARS
IT EXPECTS TO CLAIM THE EXCELSIOR RESEARCH AND DEVELOPMENT CREDIT; AND
  (V) THE EMPLOYER IDENTIFICATION OR SOCIAL  SECURITY  NUMBERS  FOR  ALL
RELATED  PERSONS  TO  THE APPLICANT, INCLUDING THOSE OF ANY MEMBERS OF A
LIMITED LIABILITY COMPANY OR PARTNERS IN A PARTNERSHIP.
  (F) PROVIDE A CLEAR AND DETAILED PRESENTATION OF ALL  RELATED  PERSONS
TO THE APPLICANT TO ASSURE THE DEPARTMENT THAT JOBS ARE NOT BEING SHIFT-
ED WITHIN THE STATE.
  (G)  CERTIFY,  UNDER  PENALTY  OF  PERJURY,  THAT IT IS IN SUBSTANTIAL
COMPLIANCE WITH ALL ENVIRONMENTAL, WORKER PROTECTION, AND LOCAL,  STATE,
AND FEDERAL TAX LAWS.
  3.  AFTER  REVIEWING A BUSINESS ENTERPRISE'S COMPLETED APPLICATION AND
DETERMINING THAT THE BUSINESS ENTERPRISE WILL MEET  THE  CONDITIONS  SET
FORTH IN SUBDIVISIONS TWO AND THREE OF SECTION THREE HUNDRED FIFTY-THREE
OF THIS ARTICLE, THE DEPARTMENT MAY ADMIT THE APPLICANT INTO THE PROGRAM
AND  PROVIDE  THE  APPLICANT  WITH  A  CERTIFICATE  OF ELIGIBILITY AND A
PRELIMINARY SCHEDULE OF  BENEFITS  BY  YEAR  BASED  ON  THE  APPLICANT'S
PROJECTIONS  AS  SET FORTH IN ITS APPLICATION. THIS PRELIMINARY SCHEDULE
OF BENEFITS DELINEATES THE MAXIMUM POSSIBLE BENEFITS  AN  APPLICANT  MAY
RECEIVE.
  4.  IN ORDER TO BECOME A PARTICIPANT IN THE PROGRAM, AN APPLICANT MUST
SUBMIT EVIDENCE OF ACHIEVING JOB AND  INVESTMENT  REQUIREMENTS  IN  SUCH
FORM  AS  THE COMMISSIONER MAY PRESCRIBE.  AFTER REVIEWING SUCH EVIDENCE
AND FINDING IT SUFFICIENT, THE DEPARTMENT SHALL CERTIFY THE APPLICANT AS
A PARTICIPANT AND ISSUE TO THAT PARTICIPANT A CERTIFICATE OF TAX  CREDIT
FOR  ONE TAXABLE YEAR. TO RECEIVE A CERTIFICATE OF TAX CREDIT FOR SUBSE-
QUENT TAXABLE YEARS, THE PARTICIPANT MUST SUBMIT  TO  THE  DEPARTMENT  A
PERFORMANCE  REPORT.   A PARTICIPANT'S INCREASE IN EMPLOYMENT, QUALIFIED
INVESTMENT, OR FEDERAL RESEARCH AND DEVELOPMENT TAX CREDIT  ATTRIBUTABLE
TO  RESEARCH  AND  DEVELOPMENT  ACTIVITIES  IN  NEW YORK STATE ABOVE ITS
PROJECTIONS LISTED IN ITS APPLICATION SHALL NOT RESULT IN AN INCREASE IN
TAX BENEFITS UNDER THIS ARTICLE. HOWEVER, IF THE PARTICIPANT'S  EXPENDI-
TURES ARE LESS THAN THE ESTIMATED AMOUNTS, THE CREDIT SHALL BE LESS THAN
THE ESTIMATE.
  5.  A PARTICIPANT MAY CLAIM TAX BENEFITS COMMENCING IN THE FIRST TAXA-
BLE YEAR THAT THE BUSINESS ENTERPRISE  RECEIVES  A  CERTIFICATE  OF  TAX
CREDIT  OR  THE FIRST TAXABLE YEAR LISTED ON ITS PRELIMINARY SCHEDULE OF
BENEFITS, WHICHEVER IS LATER. A PARTICIPANT MAY CLAIM SUCH BENEFITS  FOR
THE  NEXT  FOUR CONSECUTIVE TAXABLE YEARS, PROVIDED THAT THE PARTICIPANT
DEMONSTRATES TO THE DEPARTMENT THAT IT CONTINUES TO SATISFY  THE  ELIGI-

S. 6609--B                         67                         A. 9709--C

BILITY  CRITERIA  SPECIFIED IN SECTION THREE HUNDRED FIFTY-THREE OF THIS
ARTICLE AND SUBDIVISION TWO OF THIS SECTION IN  EACH  OF  THOSE  TAXABLE
YEARS.
  S  355.  EXCELSIOR  JOBS PROGRAM CREDIT.  1. EXCELSIOR JOBS TAX CREDIT
COMPONENT. A PARTICIPANT IN THE EXCELSIOR JOBS PROGRAM SHALL BE ELIGIBLE
TO CLAIM A CREDIT FOR EACH NET NEW JOB IT CREATES IN NEW YORK STATE. THE
AMOUNT OF SUCH CREDIT PER JOB SHALL BE EQUAL TO THE SUM OF  THE  FOLLOW-
ING:  FIVE  PERCENT  OF THE AMOUNT OF REMUNERATION EQUAL TO OR LESS THAN
FIFTY THOUSAND DOLLARS; FOUR PERCENT OF THE AMOUNT  OF  REMUNERATION  IN
EXCESS  OF FIFTY THOUSAND DOLLARS AND EQUAL TO OR LESS THAN SEVENTY-FIVE
THOUSAND DOLLARS; AND 1.33 PERCENT OF  THE  AMOUNT  OF  REMUNERATION  IN
EXCESS  OF  SEVENTY-FIVE  THOUSAND DOLLARS.   HOWEVER, THE AMOUNT OF THE
CREDIT FOR EACH NET NEW JOB SHALL NOT EXCEED FIVE THOUSAND DOLLARS.
  2. EXCELSIOR INVESTMENT TAX CREDIT COMPONENT.  A  PARTICIPANT  IN  THE
EXCELSIOR  JOBS PROGRAM SHALL BE ELIGIBLE TO CLAIM A CREDIT ON QUALIFIED
INVESTMENTS. THE CREDIT SHALL BE EQUAL TO TWO PERCENT  OF  THE  COST  OR
OTHER BASIS FOR FEDERAL INCOME TAX PURPOSES OF THE QUALIFIED INVESTMENT.
A  PARTICIPANT  MAY  NOT  CLAIM BOTH THE EXCELSIOR INVESTMENT TAX CREDIT
COMPONENT AND THE INVESTMENT TAX CREDIT SET FORTH IN SUBDIVISION  TWELVE
OF  SECTION  TWO HUNDRED TEN, SUBSECTION (A) OF SECTION SIX HUNDRED SIX,
OR SUBSECTION (I) OF SECTION FOURTEEN HUNDRED FIFTY-SIX OF THE  TAX  LAW
FOR  THE  SAME PROPERTY IN ANY TAXABLE YEAR. IN ADDITION, A TAXPAYER WHO
OR WHICH IS QUALIFIED TO  CLAIM  THE  EXCELSIOR  INVESTMENT  TAX  CREDIT
COMPONENT AND IS ALSO QUALIFIED TO CLAIM THE BROWNFIELD TANGIBLE PROPER-
TY  CREDIT  COMPONENT  UNDER SECTION TWENTY-ONE OF THE TAX LAW MAY CLAIM
EITHER THE EXCELSIOR INVESTMENT TAX CREDIT COMPONENT  OR  SUCH  TANGIBLE
PROPERTY  CREDIT  COMPONENT,  BUT  NOT  BOTH WITH REGARD TO A PARTICULAR
PIECE OF PROPERTY. A CREDIT MAY NOT BE CLAIMED UNTIL A  BUSINESS  ENTER-
PRISE  HAS RECEIVED A CERTIFICATE OF TAX CREDIT, PROVIDED THAT QUALIFIED
INVESTMENTS MADE ON OR AFTER THE ISSUANCE OF THE CERTIFICATE  OF  ELIGI-
BILITY  BUT  BEFORE THE ISSUANCE OF THE CERTIFICATE OF TAX CREDIT TO THE
BUSINESS ENTERPRISE, MAY BE CLAIMED IN THE FIRST TAXABLE YEAR FOR  WHICH
THE  BUSINESS  ENTERPRISE  IS  ALLOWED  TO  CLAIM  THE  CREDIT. EXPENSES
INCURRED PRIOR TO THE DATE THE CERTIFICATE OF ELIGIBILITY IS ISSUED  ARE
NOT ELIGIBLE TO BE INCLUDED IN THE CALCULATION OF THE CREDIT.
  3.  EXCELSIOR RESEARCH AND DEVELOPMENT TAX CREDIT COMPONENT. A PARTIC-
IPANT IN THE EXCELSIOR JOBS PROGRAM SHALL BE ELIGIBLE TO CLAIM A  CREDIT
EQUAL  TO  TEN  PERCENT  OF  THE  PORTION  OF  THE PARTICIPANT'S FEDERAL
RESEARCH AND DEVELOPMENT TAX CREDIT THAT RELATES  TO  THE  PARTICIPANT'S
RESEARCH AND DEVELOPMENT EXPENDITURES IN NEW YORK STATE DURING THE TAXA-
BLE  YEAR.   IF THE FEDERAL RESEARCH AND DEVELOPMENT CREDIT HAS EXPIRED,
THEN THE RESEARCH AND DEVELOPMENT EXPENDITURES RELATING TO  THE  FEDERAL
RESEARCH  AND  DEVELOPMENT  CREDIT SHALL BE CALCULATED AS IF THE FEDERAL
RESEARCH AND DEVELOPMENT CREDIT STRUCTURE AND DEFINITION  IN  EFFECT  IN
TWO THOUSAND NINE WERE STILL IN EFFECT.
  4.  EXCELSIOR REAL PROPERTY TAX CREDIT. A PARTICIPANT IN THE EXCELSIOR
JOBS PROGRAM WHO EITHER QUALIFIED AS A REGIONALLY SIGNIFICANT PROJECT OR
IS LOCATED IN AN INVESTMENT ZONE SHALL BE ELIGIBLE TO CLAIM A CREDIT FOR
A PERIOD OF FIVE YEARS. THE CREDIT SHALL BE EQUAL TO  FIFTY  PERCENT  OF
THE  ELIGIBLE  REAL  PROPERTY  TAXES ON THE REAL PROPERTY COMPRISING THE
REGIONALLY SIGNIFICANT PROJECT OR LOCATED IN THE  INVESTMENT  ZONE  THAT
WERE  ASSESSED AND PAID IN THE YEAR IMMEDIATELY PRIOR TO APPLICATION. IN
THE REMAINING YEARS THE  CREDIT  SHALL  BE  COMPUTED  ACCORDING  TO  THE
FOLLOWING SCHEDULE:
  YEAR  TWO:  FORTY  PERCENT OF ELIGIBLE REAL PROPERTY TAXES ON THE REAL
PROPERTY COMPRISING THE REGIONALLY SIGNIFICANT PROJECT OR LOCATED IN THE

S. 6609--B                         68                         A. 9709--C

INVESTMENT ZONE THAT WERE ASSESSED AND  PAID  IN  THE  YEAR  IMMEDIATELY
PRIOR TO APPLICATION;
  YEAR THREE: THIRTY PERCENT OF ELIGIBLE REAL PROPERTY TAXES ON THE REAL
PROPERTY COMPRISING THE REGIONALLY SIGNIFICANT PROJECT OR LOCATED IN THE
INVESTMENT  ZONE  THAT  WERE  ASSESSED  AND PAID IN THE YEAR IMMEDIATELY
PRIOR TO APPLICATION;
  YEAR FOUR: TWENTY PERCENT OF ELIGIBLE  REAL  PROPERTY  TAXES  ON  REAL
PROPERTY COMPRISING THE REGIONALLY SIGNIFICANT PROJECT OR LOCATED IN THE
INVESTMENT  ZONE  THAT  WERE  ASSESSED  AND PAID IN THE YEAR IMMEDIATELY
PRIOR TO APPLICATION; AND
  YEAR FIVE: TEN PERCENT OF ELIGIBLE REAL PROPERTY  TAXES  ON  THE  REAL
PROPERTY COMPRISING THE REGIONALLY SIGNIFICANT PROJECT OR LOCATED IN THE
INVESTMENT  ZONE  THAT  WERE  ASSESSED  AND PAID IN THE YEAR IMMEDIATELY
PRIOR TO APPLICATION.
  FOR PURPOSES OF THIS CREDIT, THE TERM "ELIGIBLE REAL  PROPERTY  TAXES"
SHALL  HAVE THE SAME MEANING AS IN SUBDIVISION (E) OF SECTION FIFTEEN OF
THE TAX LAW, PROVIDED THAT SUCH SUBDIVISION (E) SHALL BE READ AS  IF  IT
SPECIFICALLY  REFERENCED  THE EXCELSIOR JOBS PROGRAM AND PARTICIPANTS IN
THAT PROGRAM.
  5. REFUNDABILITY OF CREDITS.  THE TAX CREDIT COMPONENTS ESTABLISHED IN
THIS SECTION SHALL BE REFUNDABLE AS  PROVIDED  IN  THE  TAX  LAW.  IF  A
PARTICIPANT  FAILS  TO SATISFY THE ELIGIBILITY CRITERIA IN ANY ONE YEAR,
IT WILL LOSE THE ABILITY TO CLAIM CREDIT FOR THAT  YEAR.  THE  EVENT  OF
SUCH FAILURE SHALL NOT EXTEND THE ORIGINAL FIVE-YEAR ELIGIBILITY PERIOD.
  6.  CLAIM  OF TAX CREDIT.  THE BUSINESS ENTERPRISE SHALL BE ALLOWED TO
CLAIM THE CREDIT AS PRESCRIBED IN SECTION THIRTY-ONE OF THE TAX LAW.
  S 356. POWERS AND DUTIES OF THE COMMISSIONER.    1.  THE  COMMISSIONER
SHALL  PROMULGATE  REGULATIONS  ESTABLISHING  AN APPLICATION PROCESS AND
ELIGIBILITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE  PURPOSES
OF  THIS  ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET
FORTH IN  SECTION  THREE  HUNDRED  FIFTY-NINE  OF  THIS  ARTICLE  WHICH,
NOTWITHSTANDING  ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRA-
TIVE PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS.
  2. THE COMMISSIONER SHALL, IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
TAXATION  AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE
ISSUED BY THE COMMISSIONER TO PARTICIPANTS.  PARTICIPANTS  MUST  INCLUDE
THE  CERTIFICATE  OF TAX CREDIT WITH THEIR TAX RETURN TO RECEIVE ANY TAX
BENEFITS UNDER THIS ARTICLE.
  3. THE COMMISSIONER SHALL SOLELY  DETERMINE  THE  ELIGIBILITY  OF  ANY
APPLICANT  APPLYING  FOR  ENTRY  INTO  THE  PROGRAM AND SHALL REMOVE ANY
PARTICIPANT FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
SET FORTH IN SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FOUR OF THIS
ARTICLE, OR FOR FAILING TO MEET THE MINIMUM JOB OR  INVESTMENT  REQUIRE-
MENTS  SET  FORTH IN SUBDIVISIONS TWO AND THREE OF SECTION THREE HUNDRED
FIFTY-THREE OF THIS ARTICLE.
  S 357. MAINTENANCE OF RECORDS.  EACH PARTICIPANT SHALL KEEP ALL  RELE-
VANT  RECORDS  FOR  THEIR  DURATION  OF PROGRAM PARTICIPATION PLUS THREE
YEARS.
  S 358. REPORTING.   1. EACH  PARTICIPANT  MUST  SUBMIT  A  PERFORMANCE
REPORT  ANNUALLY,  IN  SUCH FORM AS THE COMMISSIONER MAY REQUIRE, WITHIN
THIRTY DAYS OF THE END OF THEIR TAXABLE YEAR.
  2. THE COMMISSIONER SHALL PREPARE  ON  A  QUARTERLY  BASIS  A  PROGRAM
REPORT  FOR  POSTING ON THE DEPARTMENT'S WEBSITE.  THE FIRST REPORT WILL
BE DUE JUNE THIRTIETH, TWO THOUSAND ELEVEN, AND EVERY THREE MONTHS THER-
EAFTER.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  FOLLOW-
ING:  NUMBER  OF  APPLICANTS;  NUMBER OF PARTICIPANTS APPROVED; NAMES OF

S. 6609--B                         69                         A. 9709--C

PARTICIPANTS; TOTAL AMOUNT OF BENEFITS CERTIFIED; BENEFITS RECEIVED  PER
PARTICIPANT;  TOTAL  NUMBER  OF  NET NEW JOBS CREATED; NUMBER OF NET NEW
JOBS CREATED PER PARTICIPANT; AGGREGATE NEW INVESTMENT IN THE STATE; NEW
INVESTMENT  PER  PARTICIPANT;  AND SUCH OTHER INFORMATION AS THE COMMIS-
SIONER DETERMINES.
  S 359. CAP ON TAX CREDIT.  THE TOTAL AMOUNT OF TAX CREDITS  LISTED  ON
CERTIFICATES  OF  TAX  CREDIT ISSUED BY THE COMMISSIONER FOR ANY TAXABLE
YEAR MAY NOT EXCEED THE LIMITATIONS  SET  FORTH  IN  THIS  SECTION.  ANY
AMOUNT  OF TAX CREDITS NOT AWARDED FOR A PARTICULAR TAXABLE YEAR MAY NOT
BE USED BY THE COMMISSIONER TO AWARD  TAX  CREDITS  IN  ANOTHER  TAXABLE
YEAR.

CREDIT COMPONENTS IN THE AGGREGATE                WITH RESPECT TO
SHALL NOT EXCEED:                                 TAXABLE YEARS
                                                  BEGINNING IN:

$ 50 MILLION                                      2011
$ 100 MILLION                                     2012
$ 150 MILLION                                     2013
$ 200 MILLION                                     2014
$ 250 MILLION                                     2015
$ 200 MILLION                                     2016
$ 150 MILLION                                     2017
$ 100 MILLION                                     2018
$ 50 MILLION                                      2019
  TWENTY-FIVE  PERCENT  OF  TAX CREDITS SHALL BE ALLOCATED TO BUSINESSES
ACCEPTED INTO THE PROGRAM  UNDER  SUBDIVISION  THREE  OF  SECTION  THREE
HUNDRED  FIFTY-THREE  OF  THIS  ARTICLE  AND SEVENTY-FIVE PERCENT OF TAX
CREDITS SHALL BE ALLOCATED TO BUSINESSES ACCEPTED INTO THE PROGRAM UNDER
SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-THREE OF THIS ARTICLE.
  PROVIDED, HOWEVER, IF BY SEPTEMBER THIRTIETH OF A CALENDAR  YEAR,  THE
DEPARTMENT  HAS  NOT  ALLOCATED  THE FULL AMOUNT OF CREDITS AVAILABLE IN
THAT YEAR TO EITHER: (I) BUSINESSES  ACCEPTED  INTO  THE  PROGRAM  UNDER
SUBDIVISION  THREE  OF SECTION THREE HUNDRED FIFTY-THREE OF THIS ARTICLE
OR (II) BUSINESSES ACCEPTED INTO THE PROGRAM UNDER  SUBDIVISION  TWO  OF
SECTION  THREE HUNDRED FIFTY-THREE OF THIS ARTICLE, THE COMMISSIONER MAY
ALLOCATE ANY REMAINING TAX CREDITS TO  BUSINESSES  REFERENCED  IN  PARA-
GRAPHS  (I)  AND (II) OF THIS SECTION AS NEEDED; PROVIDED, HOWEVER, THAT
UNDER NO CIRCUMSTANCES MAY THE STATUTORY CAP BE EXCEEDED.
  S 2. The tax law is amended by adding a new  section  31  to  read  as
follows:
  S  31.  EXCELSIOR JOBS PROGRAM CREDIT. (A) GENERAL. A TAXPAYER SUBJECT
TO TAX UNDER ARTICLE NINE-A, TWENTY-TWO, THIRTY-TWO OR  THIRTY-THREE  OF
THIS CHAPTER SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE
PROVISIONS  REFERENCED IN SUBDIVISION (G) OF THIS SECTION. THE AMOUNT OF
THE CREDIT, ALLOWABLE FOR UP TO FIVE CONSECUTIVE TAXABLE YEARS,  IS  THE
SUM OF THE FOLLOWING FOUR CREDIT COMPONENTS:
  (1) THE EXCELSIOR JOBS TAX CREDIT;
  (2) THE EXCELSIOR INVESTMENT TAX CREDIT;
  (3) THE EXCELSIOR RESEARCH AND DEVELOPMENT TAX CREDIT; AND
  (4) THE EXCELSIOR REAL PROPERTY TAX CREDIT.
  (B) TO BE ELIGIBLE FOR THE EXCELSIOR JOBS PROGRAM CREDIT, THE TAXPAYER
SHALL  HAVE  BEEN ISSUED A "CERTIFICATE OF TAX CREDIT" BY THE DEPARTMENT
OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION FOUR  OF  SECTION  THREE
HUNDRED  FIFTY-FOUR  OF  THE ECONOMIC DEVELOPMENT LAW, WHICH CERTIFICATE
SHALL SET FORTH THE AMOUNT OF EACH CREDIT COMPONENT THAT MAY BE  CLAIMED

S. 6609--B                         70                         A. 9709--C

FOR  THE TAXABLE YEAR. A TAXPAYER MAY CLAIM SUCH CREDIT FOR FIVE CONSEC-
UTIVE TAXABLE YEARS COMMENCING  IN  THE  FIRST  TAXABLE  YEAR  THAT  THE
TAXPAYER  RECEIVES A CERTIFICATE OF TAX CREDIT OR THE FIRST TAXABLE YEAR
LISTED  ON ITS PRELIMINARY SCHEDULE OF BENEFITS, WHICHEVER IS LATER. THE
TAXPAYER SHALL BE ALLOWED TO CLAIM ONLY THE AMOUNT LISTED ON THE CERTIF-
ICATE OF TAX CREDIT FOR THAT TAXABLE YEAR.  SUCH CERTIFICATE  SHOULD  BE
ATTACHED  TO  THE TAXPAYER'S RETURN. NO COST OR EXPENSE PAID OR INCURRED
BY THE TAXPAYER SHALL BE THE BASIS FOR MORE THAN ONE COMPONENT  OF  THIS
CREDIT OR ANY OTHER TAX CREDIT.
  (C)  ELECTION OF CREDIT. A TAXPAYER WHO OR WHICH IS QUALIFIED TO CLAIM
THE EXCELSIOR INVESTMENT TAX CREDIT COMPONENT AND IS ALSO  QUALIFIED  TO
CLAIM THE INVESTMENT TAX CREDIT PROVIDED FOR UNDER SUBDIVISION TWELVE OF
SECTION  TWO  HUNDRED TEN, SUBSECTION (A) OF SECTION SIX HUNDRED SIX, OR
SUBSECTION (I) OF SECTION FOURTEEN HUNDRED FIFTY-SIX  OF  THIS  CHAPTER,
MAY  CLAIM  EITHER  THE EXCELSIOR INVESTMENT TAX CREDIT COMPONENT OR THE
INVESTMENT TAX CREDIT, BUT NOT BOTH WITH REGARD TO A PARTICULAR PIECE OF
PROPERTY. IN ADDITION, A TAXPAYER WHO OR WHICH IS QUALIFIED TO CLAIM THE
EXCELSIOR INVESTMENT TAX CREDIT COMPONENT AND IS ALSO QUALIFIED TO CLAIM
THE BROWNFIELD TANGIBLE PROPERTY CREDIT COMPONENT UNDER SECTION  TWENTY-
ONE OF THIS ARTICLE, AS ADDED BY CHAPTER ONE OF THE LAWS OF TWO THOUSAND
THREE, MAY CLAIM EITHER THE EXCELSIOR INVESTMENT TAX CREDIT COMPONENT OR
SUCH  TANGIBLE  PROPERTY CREDIT COMPONENT, BUT NOT BOTH WITH REGARD TO A
PARTICULAR PIECE OF  PROPERTY.  THE  ELECTION  TO  CLAIM  THE  EXCELSIOR
INVESTMENT TAX CREDIT COMPONENT, THE INVESTMENT TAX CREDIT OR THE BROWN-
FIELD  TANGIBLE PROPERTY CREDIT COMPONENT, WITH REGARD TO THE SAME PROP-
ERTY, IS IRREVOCABLE.
  (D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF  THIS  CHAP-
TER,  EMPLOYEES  AND  OFFICERS OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT
AND THE DEPARTMENT SHALL BE  ALLOWED  AND  ARE  DIRECTED  TO  SHARE  AND
EXCHANGE:
  (1)  INFORMATION  DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT
TO A  TAXPAYER'S  ELIGIBILITY  TO  PARTICIPATE  IN  THE  EXCELSIOR  JOBS
PROGRAM;
  (2)  INFORMATION  REGARDING  THE COMPONENT OR COMPONENTS OF THE CREDIT
APPLIED FOR, ALLOWED, OR CLAIMED PURSUANT TO THIS SECTION AND  TAXPAYERS
WHO ARE APPLYING FOR THE CREDIT OR WHO ARE CLAIMING THE CREDIT; AND
  (3)  INFORMATION  CONTAINED  IN  OR  DERIVED  FROM  CREDIT CLAIM FORMS
SUBMITTED TO THE DEPARTMENT AND  APPLICATIONS  FOR  ADMISSION  INTO  THE
EXCELSIOR JOBS PROGRAM.
  OTHER  THAN  THE  INFORMATION  REQUIRED  TO BE CONTAINED IN THE REPORT
ISSUED PURSUANT TO SUBDIVISION (E)  OF  THIS  SECTION,  ALL  INFORMATION
EXCHANGED BETWEEN THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART-
MENT  SHALL NOT BE SUBJECT TO DISCLOSURE OR INSPECTION UNDER THE STATE'S
FREEDOM OF INFORMATION LAW.
  (E) EXCELSIOR JOBS PROGRAM CREDIT REPORT. (1)  THE  COMMISSIONER  MUST
PUBLISH  AN  EXCELSIOR  JOBS  PROGRAM TAX CREDIT REPORT ANNUALLY BY JUNE
THIRTIETH. THE FIRST REPORT MUST BE PUBLISHED  BY  JUNE  THIRTIETH,  TWO
THOUSAND TWELVE.
  (2) THE CREDIT REPORT MUST CONTAIN THE FOLLOWING INFORMATION ABOUT THE
EXCELSIOR  JOBS PROGRAM TAX CREDIT CLAIMED UNDER THIS CHAPTER DURING THE
PREVIOUS CALENDAR YEAR:
  (I) THE NAME OF EACH TAXPAYER CLAIMING A CREDIT; PROVIDED HOWEVER,  IF
THE  TAXPAYER  CLAIMS  A  CREDIT  BECAUSE  THE TAXPAYER IS A MEMBER OF A
LIMITED LIABILITY COMPANY, A PARTNER IN A PARTNERSHIP OR  A  SHAREHOLDER
IN A SUBCHAPTER S CORPORATION, THE NAME OF EACH LIMITED LIABILITY COMPA-
NY,  PARTNERSHIP  OR  SUBCHAPTER S CORPORATION EARNING ANY OF THE CREDIT

S. 6609--B                         71                         A. 9709--C

MUST BE INCLUDED IN THE REPORT INSTEAD OF INFORMATION ABOUT THE TAXPAYER
CLAIMING THE CREDIT; AND
  (II)  THE  AMOUNT  OF  EACH  CREDIT COMPONENT EARNED BY EACH TAXPAYER;
PROVIDED HOWEVER, IF THE TAXPAYER CLAIMS A CREDIT BECAUSE  THE  TAXPAYER
IS  A  MEMBER OF A LIMITED LIABILITY COMPANY, A PARTNER IN A PARTNERSHIP
OR A SHAREHOLDER IN A SUBCHAPTER S CORPORATION,  THE  AMOUNT  OF  CREDIT
EARNED BY EACH ENTITY MUST BE INCLUDED IN THE REPORT INSTEAD OF INFORMA-
TION ABOUT THE TAXPAYER CLAIMING THE CREDIT.
  (3)  THE CREDIT REPORT MAY ALSO CONTAIN ANY OTHER INFORMATION RECEIVED
BY THE COMMISSIONER WITH REGARD TO THE  EXCELSIOR  JOBS  PROGRAM  CREDIT
THAT  THE  COMMISSIONER  DEEMS TO BE USEFUL IN EVALUATING THE USE OF THE
CREDIT.  THE INFORMATION INCLUDED IN THE CREDIT REPORT WILL BE BASED  ON
THE  INFORMATION  FILED WITH THE DEPARTMENT DURING THE PREVIOUS CALENDAR
YEAR, TO THE EXTENT THAT IT IS PRACTICABLE TO USE THAT INFORMATION.
  (F) CREDIT RECAPTURE. IF A CERTIFICATE OF ELIGIBILITY OR A CERTIFICATE
OF TAX CREDIT ISSUED BY THE DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  UNDER
ARTICLE  SEVENTEEN  OF  THE  ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH
DEPARTMENT, THE AMOUNT OF CREDIT DESCRIBED IN THIS SECTION  AND  CLAIMED
BY  THE  TAXPAYER PRIOR TO THAT REVOCATION SHALL BE ADDED BACK TO INCOME
IN THE TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL.
  (G) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT  PROVIDED  FOR  IN
THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
  (1) ARTICLE 9-A: SECTION 210: SUBDIVISION 41.
  (2) ARTICLE 22: SECTION 606: SUBSECTION (QQ).
  (3) ARTICLE 32: SECTION 1456: SUBSECTION (U).
  (4) ARTICLE 33: SECTION 1511: SUBDIVISION (Y).
  S 3. Section 210 of the tax law is amended by adding a new subdivision
41 to read as follows:
  41. EXCELSIOR JOBS PROGRAM CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER
WILL  BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION THIRTY-
ONE OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
  (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
FOR  ANY  TAXABLE  YEAR MAY NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND  (D)  OF
SUBDIVISION  ONE  OF  THIS  SECTION.  HOWEVER,  IF  THE AMOUNT OF CREDIT
ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE  TAX  TO
SUCH  AMOUNT,  ANY  AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE
YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX  OF
THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE PROVISIONS OF SUBSECTION (C) OF
SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS  CHAPTER  NOTWITHSTANDING,  NO
INTEREST WILL BE PAID THEREON.
  S  4. Section 606 of the tax law is amended by adding a new subsection
(qq) to read as follows:
  (QQ) EXCELSIOR JOBS PROGRAM CREDIT. (1) A TAXPAYER WILL BE  ALLOWED  A
CREDIT,  TO THE EXTENT ALLOWED UNDER SECTION THIRTY-ONE OF THIS CHAPTER,
AGAINST THE TAX IMPOSED BY THIS ARTICLE.
  (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
THIS SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
YEAR, THE EXCESS WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED
OR  REFUNDED  IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION SIX HUNDRED
EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL  BE
PAID THEREON.
  S  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a  new  clause  (xxxi)  to  read  as
follows:

S. 6609--B                         72                         A. 9709--C

(XXXI) EXCELSIOR JOBS PROGRAM TAX  AMOUNT OF CREDIT UNDER SUBDIVISION
CREDIT UNDER SUBSECTION (QQ)       FORTY-ONE OF SECTION TWO HUNDRED TEN
                                   OR UNDER SUBDIVISION (U) OF SECTION
                                   FOURTEEN HUNDRED FIFTY-SIX

  S 6. Section 1456 of the tax law is amended by adding a new subsection
(u) to read as follows:
  (U)  EXCELSIOR  JOBS  PROGRAM  TAX  CREDIT. (1) ALLOWANCE OF CREDIT. A
TAXPAYER WILL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION
THIRTY-ONE OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
  (2) THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR WILL
NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE MINIMUM TAX  FIXED
BY  PARAGRAPH THREE OF SUBSECTION (B) OF SECTION FOURTEEN HUNDRED FIFTY-
FIVE OF THIS ARTICLE. HOWEVER, IF THE AMOUNT  OF  CREDIT  ALLOWED  UNDER
THIS SUBSECTION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY
AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR WILL BE TREAT-
ED  AS  AN  OVERPAYMENT  OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE
WITH THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS  CHAPTER.
PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOU-
SAND  EIGHTY-EIGHT  OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE
PAID THEREON.
  S 7. Section 1511 of the tax law is amended by adding a  new  subdivi-
sion (y) to read as follows:
  (Y)  EXCELSIOR  JOBS  PROGRAM  TAX  CREDIT. (1) ALLOWANCE OF CREDIT. A
TAXPAYER WILL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION
THIRTY-ONE OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS ARTICLE.
  (2) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
FOR  ANY  TAXABLE YEAR WILL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE MINIMUM TAX FIXED BY THIS ARTICLE. HOWEVER, IF  THE  AMOUNT  OF
CREDIT  ALLOWED  UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE
TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT THUS  NOT  DEDUCTIBLE  IN  SUCH
TAXABLE  YEAR WILL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
REFUNDED IN ACCORDANCE WITH  THE  PROVISIONS  OF  SECTION  ONE  THOUSAND
EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE  PROVISIONS  OF
SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
  S 8. This act shall take effect July 1, 2010.

                                 PART NN

  Section  1.  Subdivision  12 of section 1269 of the public authorities
law, as amended by section 1 of part K of chapter  59  of  the  laws  of
2006, is amended to read as follows:
  12.  The  aggregate  principal  amount  of bonds, notes or other obli-
gations issued after the first day of January, nineteen hundred  ninety-
three  by  the authority, the Triborough bridge and tunnel authority and
the New York city transit authority to fund projects contained in  capi-
tal  program  plans  approved  pursuant to section twelve hundred sixty-
nine-b of this  article  for  the  period  nineteen  hundred  ninety-two
through  two  thousand  [nine]  FOURTEEN shall not exceed [twenty-eight]
THIRTY-FOUR billion eight hundred seventy-seven  million  dollars.  Such
aggregate  principal  amount of bonds, notes or other obligations or the
expenditure thereof shall not be subject to any limitation contained  in
any  other  provision  of law on the principal amount of bonds, notes or
other obligations or the expenditure thereof applicable to the  authori-
ty,  the  Triborough  bridge  and  tunnel authority or the New York city

S. 6609--B                         73                         A. 9709--C

transit authority. The aggregate limitation established by this subdivi-
sion shall not include (i)  obligations  issued  to  refund,  redeem  or
otherwise  repay,  including by purchase or tender, obligations thereto-
fore issued either by the issuer of such refunding obligations or by the
authority,  the New York city transit authority or the Triborough bridge
and tunnel authority, (ii) obligations issued to fund any  debt  service
or other reserve funds for such obligations, (iii) obligations issued or
incurred  to fund the costs of issuance, the payment of amounts required
under bond and note facilities, federal  or  other  governmental  loans,
security  or credit arrangements or other agreements related thereto and
the payment of other financing and related costs  associated  with  such
obligations,  (iv)  an  amount equal to any original issue discount from
the principal amount of such obligations or to fund  capitalized  inter-
est, (v) obligations incurred pursuant to section twelve hundred seven-m
of  this  article,  (vi) obligations incurred to fund the acquisition of
certain buses for the New York city transit authority as identified in a
capital program plan approved pursuant to  chapter  fifty-three  of  the
laws  of  nineteen  hundred  ninety-two,  (vii)  obligations incurred in
connection with the leasing, selling or transferring of  equipment,  and
(viii)  bond anticipation notes or other obligations payable solely from
the proceeds of other bonds, notes or other obligations which  would  be
included  in  the  aggregate  principal  amount  specified  in the first
sentence of this subdivision, whether or  not  additionally  secured  by
revenues  of  the  authority, or any of its subsidiary corporations, New
York city transit authority, or any of its subsidiary  corporations,  or
Triborough bridge and tunnel authority.
  S 2. This act shall take effect immediately.

                                 PART OO

  Section  1.  Section  83-a of the legislative law, as added by chapter
141 of the laws of 1994, is amended to read as follows:
  S 83-a. Legislative commission on critical transportation choices.  1.
(a)  The  legislature  hereby  finds  and declares that the economic and
social well-being of the people of the state are inextricably linked  to
the  quality  of  the  state's transportation services [and further that
said transportation services are heavily dependent upon  energy  sources
or  fuels  of  uncertain  future  supply]  AND THAT THE DELIVERY OF THAT
SERVICE HAS GROWN INCREASINGLY EXPENSIVE FOR  GOVERNMENTAL  AGENCIES  AT
ALL LEVELS AS WELL AS FOR INDIVIDUALS AND FAMILIES IN THE STATE.
  (b)  Recent  surveys of New York's transportation system indicate that
portions of said system are badly in need of rehabilitation and improve-
ment and such surveys warn that the  transportation  infrastructure  may
begin  to  deteriorate rapidly unless action is taken quickly to prevent
such deterioration. The transportation systems serving  the  regions  of
the  state CAN BE CHARACTERIZED AS CONTRIBUTING TO OR HAVING FACILITATED
SPRAWLING AND INEFFICIENT LAND USE PATTERNS AND AS  A  RESULT  are  also
subject  to  severe  dislocations or disruptions of fuel supplies in the
future, which will affect appreciably the standard of living of all  New
York  residents AND CALL INTO QUESTION THE ABILITY TO SUSTAIN THE SYSTEM
IN LIGHT OF RELATIVELY NEW ENERGY AND ENVIRONMENTAL POLICY GOALS.
  2. There is hereby created a legislative commission to be known as the
legislative commission on critical transportation choices. Such  commis-
sion  shall  consist  of  ten members to be appointed as follows:  three
members of the senate shall be appointed by the temporary  president  of
the  senate;  three  members  of  the assembly shall be appointed by the

S. 6609--B                         74                         A. 9709--C

speaker of the assembly; two members of the senate shall be appointed by
the minority leader of the senate; and two members of the assembly shall
be appointed by the minority leader of  the  assembly.  From  among  the
members  as  appointed,  a chairman and vice chairman shall be appointed
jointly by the temporary president of the senate and the speaker of  the
assembly. Any vacancy that occurs in the chairmanship, vice chairmanship
or other membership of the commission shall be filled in the same manner
in  which  the  original  appointment  was  made. No member, officer, or
employee of the commission shall be disqualified from holding any  other
public  office  or  employment,  nor shall he forfeit any such office or
employment by reason of his appointment hereunder,  notwithstanding  the
provisions  of  any  general,  special, or local law, ordinance, or city
charter.
  3. The commission hereby created shall have the power to:  (a)  recom-
mend  a  statewide  plan of action to meet critical transportation needs
within the state; (b) assess the transportation needs of localities with
respect to various modes of moving people and  goods  and  their  energy
[dependency]  EFFICIENCY  AND  ENVIRONMENTAL SUSTAINABILITY thereof; (c)
evaluate probable impact of energy shortages on the ability  to  sustain
the  various  modes  of transportation; (d) identify and study long-term
transportation needs under attenuated energy supplies AND  NEW  ENVIRON-
MENTAL  POLICY  OBJECTIVES; (e) assess impact of federal and state regu-
lations on transportation systems; (f) evaluate  the  impact  of  public
projects  on existing transportation networks; (g) [coordinate and coop-
erate with other states in the  planning  and  development  of  mutually
beneficial and supportive transportation projects and services including
highways,  bridges,  tunnels, railroad facilities and aviation projects;
(h)] study and assess the future of commercial and private  air  service
and  make  recommendations  for the preservation and improvement of such
service;  [(i)]  (H)  undertake  research  and  develop   proposals   in
connection  with the development of ports, free trade zones, transporta-
tion hubs and facilities related thereto; [(j)] (I)  undertake  research
and  develop  proposals  in  connection  with  safety and safety related
programs in the various transportation modes;  [(k)]  (J)  evaluate  the
short-term and long-term capital needs and operating assistance require-
ments  of  the  state's  public  transit systems; (K) IDENTIFY AND STUDY
POTENTIAL REVENUE SOURCES FOR THE DEDICATED  HIGHWAY  AND  BRIDGE  TRUST
FUND; (l) cooperate with local, state and federal officials in the anal-
ysis  of  possible  changes  in  rules, regulations and laws relating to
transportation;   [and]   (m)   assess    the    relationship    between
transportation,  THE  ENVIRONMENT  and  LONG  TERM, SUSTAINABLE economic
development; (N) RESEARCH AND EVALUATE PROPOSALS RELATED TO THE FEDERAL,
STATE AND LOCAL GOVERNMENT ORGANIZATIONAL ENVIRONMENT  WITH  RESPECT  TO
PLANNING,  DESIGN  AND CONSTRUCTION OF TRANSPORTATION PROGRAMS, PROJECTS
AND SERVICES; AND (O) EVALUATE THE TRANSPORTATION SYSTEM IN LIGHT OF THE
CURRENT SOCIAL, ECONOMIC AND ENVIRONMENTAL REGULATORY CLIMATE  INCLUDING
BUT  NOT  LIMITED TO ENERGY EFFICIENCY, AIR QUALITY, QUALITY COMMUNITIES
OR SMART GROWTH OBJECTIVES, ENVIRONMENTAL  JUSTICE,  SUSTAINABILITY  AND
COSTS PER HOUSEHOLD.
  4.  The commission may employ and at pleasure remove such personnel as
it may deem necessary for the performance of the commission's  functions
and  fix  their  compensation  within the amount appropriated [therefor]
THEREFORE.   The commission may hold public  and  private  hearings  and
otherwise  have  all of the powers of a legislative committee under this
chapter. The members of the commission shall receive no compensation for

S. 6609--B                         75                         A. 9709--C

their services but shall be allowed their actual and necessary  expenses
incurred in the performance of their duties hereunder.
  5.  Employees of the commission shall be considered to be employees of
the legislature for all purposes.
  6. The commission may request and shall receive from any  subdivision,
department,  board,  bureau, commission, office, agency or other instru-
mentality of the state or of any  political  subdivision  thereof,  such
facilities,  assistance  and data as it deems necessary or desirable for
the proper execution of its powers and duties.
  7. The commission is hereby authorized and empowered to make and  sign
any  agreements,  and  to do and perform any acts that may be necessary,
desirable or proper to carry out the purposes  and  objectives  of  this
section.
  S  2.  This act shall take effect immediately; provided, however, that
the amendments to section 83-a of the legislative law  made  by  section
one of this act shall not affect the repeal of such section and shall be
deemed to be repealed therewith.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the applicable effective date of Parts A through OO of this act shall be
as specifically set forth in the last section of such Parts.