S T A T E O F N E W Y O R K
________________________________________________________________________
10149
I N A S S E M B L Y
March 8, 2010
___________
Introduced by M. of A. FIELDS -- read once and referred to the Committee
on Banks
AN ACT to amend the executive law, the environmental conservation law
and the parks, recreation and historic preservation law, in relation
to the renaming of certain park properties and buildings; and to amend
the state finance law, in relation to establishing the New York state
parks revolving fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 803-a of the executive law is amended by adding a
new subdivision 8 to read as follows:
8. IN ADDITION TO ANY OTHER FUNCTIONS OR DUTIES SPECIFICALLY REQUIRED
OR AUTHORIZED IN THIS ARTICLE, THE REVIEW BOARD SHALL ASSESS THE APPRO-
PRIATENESS OF CONTRACTS RENAMING CERTAIN PARK PROPERTIES AND BUILDINGS
PURSUANT TO SECTION EIGHT HUNDRED FOUR OF THIS ARTICLE AND ISSUE AN
APPROVAL OR DENIAL OF SUCH CONTRACT.
S 2. Subdivisions 9 and 10 of section 804 of the executive law, as
amended by chapter 348 of the laws of 1973, are amended and a new subdi-
vision 11 is added to read as follows:
9. To adopt, amend and repeal, after public hearing (except in the
case of rules and regulations that relate to the organization or inter-
nal management of the agency), such rules and regulations, consistent
with this article, as it deems necessary to administer this article, and
to do any and all things necessary or convenient to carry out the
purposes and policies of this article and exercise powers granted by
law; [and]
10. To report periodically to the governor and the legislature on the
conduct of its activities but not less than once a year, furnishing a
copy of each such report to the clerk of the county legislative body of
each county wholly or partly within the park and to the review board[.];
AND
11. TO CONTRACT, SUBJECT TO THE APPROVAL OF THE LOCAL GOVERNMENT
REVIEW BOARD, FOR THE RENAMING OF CERTAIN PARK PROPERTIES AND BUILDINGS.
SUCH CONTRACTS SHALL BE FOR A TERM OF NO MORE THAN TWO YEARS, AND UPON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16151-02-0
A. 10149 2
THE EXPIRATION THEREOF APPROVAL FROM THE REVIEW BOARD SHALL BE REQUIRED
FOR ANY NEW RENAMING CONTRACT.
S 3. Paragraph d of subdivision 1 and paragraph b of subdivision 2 of
section 3-0301 of the environmental conservation law are amended to read
as follows:
d. Provide for the care, custody, and control of the forest preserve,
INCLUDING CONTRACTING, SUBJECT TO THE APPROVAL OF THE BOARD, FOR THE
RENAMING OF CERTAIN PROPERTIES AND BUILDINGS WITHIN THE FOREST PRESERVE.
SUCH CONTRACTS SHALL BE FOR A TERM OF NO MORE THAN TWO YEARS, AND UPON
THE EXPIRATION THEREOF APPROVAL FROM THE BOARD SHALL BE REQUIRED FOR ANY
NEW RENAMING CONTRACT;
b. Enter into contracts with any person to do all things necessary or
convenient to carry out the functions, powers and duties of the depart-
ment, INCLUDING CONTRACTING, SUBJECT TO THE APPROVAL OF THE BOARD, FOR
THE RENAMING OF CERTAIN PROPERTIES AND BUILDINGS WITHIN THE FOREST
PRESERVE. SUCH CONTRACTS SHALL BE FOR A TERM OF NO MORE THAN TWO YEARS,
AND UPON THE EXPIRATION THEREOF APPROVAL FROM THE BOARD SHALL BE
REQUIRED FOR ANY NEW RENAMING CONTRACT.
S 4. Subdivision 1 of section 5-0107 of the environmental conservation
law is amended by adding a new paragraph f to read as follows:
F. ASSESS THE APPROPRIATENESS OF CONTRACTS RENAMING CERTAIN FOREST
PRESERVE PROPERTIES AND BUILDINGS PURSUANT TO SECTION 3-0301 OF THIS
CHAPTER AND ISSUE AN APPROVAL OR DENIAL OF SUCH CONTRACT.
S 5. Subdivision 1 of section 9-0305 of the environmental conservation
law, as amended by chapter 388 of the laws of 1974, is amended to read
as follows:
1. In order to conserve the natural beauty of the Adirondack and Cats-
kill parks, to preserve and regulate the said parks for public uses for
the resort of the public for recreation, pleasure, air, light and enjoy-
ment, to keep them open, safe, clean, and in good order for the welfare
of society, and to protect and conserve the investment of the state in
forest lands, campsites and other interests in real property in said
parks, no person shall erect or maintain within the boundaries thereof
any advertising sign, advertising structure or device of any kind,
except under written permit from the department. The provisions of this
section shall not apply to signs erected or maintained upon a parcel of
real property in connection with the principal business or principal
businesses conducted thereon and which advertise such business or busi-
nesses only, [or] to signs within the limits of an incorporated village,
OR TO SIGNS ERECTED AS A RESULT OF THE RENAMING OF CERTAIN PARK PROPER-
TIES OR BUILDINGS PURSUANT TO SUBDIVISION ELEVEN OF SECTION EIGHT
HUNDRED FOUR OF THE EXECUTIVE LAW AND SECTION 3-0301 OF THIS CHAPTER.
As to signs, structures or devices existing within the Catskill park
on May 26, 1969, and which require a permit pursuant to this section,
the same may continue to be maintained without permit until January 1,
1976 provided that the property owner or owner of such sign, structure
or device registers the same with the department on or before January 1,
1972.
As to signs, structures or devices existing on May 31, l972 in those
portions of the Adirondack park added thereto by chapter six hundred
sixty-six of the laws of nineteen hundred seventy-two, and which require
a permit pursuant to this section, the same may continue to be main-
tained without permit until January 1, 1978, provided that the property
owner or owner of such sign, structure or device registers the same with
the department on or before January 1, 1975.
A. 10149 3
S 6. Subdivision 9 of section 3.09 of the parks, recreation and
historic preservation law is amended to read as follows:
9. Enter into contracts with any person and do all things necessary or
convenient to carry out the functions, powers and duties of the office,
INCLUDING, CONTRACTING, SUBJECT TO THE APPROVAL OF THE APPROPRIATE
REGIONAL PARK COMMISSION, FOR THE RENAMING OF CERTAIN PARK PROPERTIES
AND BUILDINGS. SUCH CONTRACTS SHALL BE FOR A TERM OF NO MORE THAN TWO
YEARS, AND UPON THE EXPIRATION THEREOF APPROVAL FROM THE APPROPRIATE
REGIONAL PARK COMMISSION SHALL BE REQUIRED FOR ANY NEW RENAMING
CONTRACT.
S 7. Section 7.11 of the parks, recreation and historic preservation
law is amended by adding a new subdivision 6 to read as follows:
6. ASSESS THE APPROPRIATENESS OF CONTRACTS RENAMING CERTAIN PARK PROP-
ERTIES AND BUILDINGS IN THE PARK REGION SERVED BY THE COMMISSION PURSU-
ANT TO SUBDIVISION NINE OF SECTION 3.09 OF THIS TITLE AND ISSUE AN
APPROVAL OR DENIAL OF SUCH CONTRACT.
S 8. The state finance law is amended by adding a new section 99-t to
read as follows:
S 99-T. NEW YORK STATE PARKS REVOLVING FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE
PARKS REVOLVING FUND."
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SUBDIVISION EIGHT OF SECTION EIGHT HUNDRED THREE-A AND
SUBDIVISION ELEVEN OF SECTION EIGHT HUNDRED FOUR OF THE EXECUTIVE LAW,
PARAGRAPH D OF SUBDIVISION ONE AND PARAGRAPH B OF SUBDIVISION TWO OF
SECTION 3-0301 OF THE ENVIRONMENTAL CONSERVATION LAW AND SUBDIVISION
NINE OF SECTION 3.09 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION
LAW AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS
SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS
FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING
THEM INTO THE FUND ACCORDING TO LAW.
3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR NEW YORK STATE PARKS.
S 9. This act shall take effect immediately.