[ ] is old law to be omitted.
LBD12673-03-0
S. 6609--A 2 A. 9709--A
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-
S. 6609--A 6 A. 9709--A
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
S. 6609--A 7 A. 9709--A
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
S. 6609--A 8 A. 9709--A
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.
S. 6609--A 9 A. 9709--A
(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
S. 6609--A 38 A. 9709--A
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
S. 6609--A 43 A. 9709--A
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;
S. 6609--A 45 A. 9709--A
(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
S. 6609--A 65 A. 9709--A
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
S. 6609--A 66 A. 9709--A
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
S. 6609--A 67 A. 9709--A
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
S. 6609--A 68 A. 9709--A
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-
S. 6609--A 69 A. 9709--A
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
S. 6609--A 70 A. 9709--A
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
S. 6609--A 73 A. 9709--A
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
S. 6609--A 74 A. 9709--A
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
S. 6609--A 75 A. 9709--A
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
S. 6609--A 76 A. 9709--A
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
S. 6609--A 77 A. 9709--A
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.
S. 6609--A 78 A. 9709--A
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
S. 6609--A 79 A. 9709--A
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].
S. 6609--A 80 A. 9709--A
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.
S. 6609--A 81 A. 9709--A
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
S. 6609--A 83 A. 9709--A
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
S. 6609--A 85 A. 9709--A
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
S. 6609--A 88 A. 9709--A
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.
S. 6609--A 97 A. 9709--A
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,
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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.