S T A T E O F N E W Y O R K
________________________________________________________________________
7263
2009-2010 Regular Sessions
I N A S S E M B L Y
March 26, 2009
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Introduced by M. of A. MAGEE, CASTRO, COOK, FIELDS, GUNTHER, JAFFEE,
REILLY, STIRPE -- Multi-Sponsored by -- M. of A. LUPARDO -- (at
request of the Department of Agriculture and Markets) -- read once and
referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
state fair advisory board; and to repeal title 3 of article 8 of the
public authorities law, relating to the Industrial Exhibit Authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 28 of section 16 of the agriculture and markets
law, as amended by chapter 216 of the laws of 1967, is amended to read
as follows:
28. Provide for holding a state fair to be known as the New York state
fair and, for the purpose of seeking advice and counsel in relation
thereto, [designate and, at pleasure, remove, not more than fifteen
persons to act as a] CONSULT WITH THE state fair advisory board[, with
which the commissioner may consult]. THE ADVISORY BOARD SHALL CONSIST
OF ELEVEN MEMBERS APPOINTED BY THE GOVERNOR, INCLUDING ONE MEMBER ON THE
RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE; ONE MEMBER ON
THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY; ONE MEMBER ON THE
RECOMMENDATION OF THE MINORITY LEADER OF THE SENATE; AND ONE MEMBER ON
THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY. THE GOVERNOR
SHALL SELECT A MEMBER OF THE ADVISORY BOARD TO SERVE AS CHAIRPERSON. The
members of [such] THE ADVISORY board shall NOT receive [no] compensation
for their services, but [shall] MAY be paid their ACTUAL AND necessary
[traveling and other] expenses [when consulted by the commissioner]
INCURRED IN SERVING UPON THE ADVISORY BOARD.
S 2. Transfer assets and liabilities. All assets and liabilities of
the industrial exhibit 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 industrial exhibit authority shall,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09734-02-9
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upon the effective date of this act, vest in the state of New York and
shall be under the management and control of the department of agricul-
ture and markets, consistent with the provisions of section thirty-one
of the agriculture and markets law. 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
industrial exhibit authority shall, upon the effective date of this act,
be deemed property of the state of New York and title shall vest in the
state of New York, under the management and control of the department of
agriculture and markets.
S 3. Transfer of records. All books, papers and records of the indus-
trial exhibit authority are hereby transferred and assigned to the
department of agriculture and markets.
S 4. Completion of unfinished business. Any business or other matter
undertaken or commenced by the industrial exhibit authority and pending
on the effective date of this act may be conducted and completed by the
department of agriculture and markets or the commissioner of agriculture
and markets, as appropriate, in the same manner and under the same terms
and conditions and with the same effect as if conducted by the indus-
trial exhibit authority.
S 5. Continuity of authority. For the purpose of succession to all
functions, powers, duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the department of
agriculture and markets, and/or the commissioner of agriculture and
markets, as appropriate, shall be deemed and held to constitute the
continuation of the industrial exhibit authority pertaining to the
powers and functions herein transferred.
S 6. Terms occurring in contracts and documents. Whenever the indus-
trial exhibit authority is referred to or designated in contracts or
documents, the department of agriculture and markets or the commissioner
of agriculture and markets, as appropriate, shall be substituted.
S 7. The state may continue the employment of such employees of the
industrial exhibit authority as deemed necessary. The provisions of
section forty-five of the civil service law shall apply to such acquisi-
tion.
S 8. 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 9. Pending actions and proceedings. No action pending as of the
effective date of this act brought by or against the industrial exhibit
authority shall be affected by any provision of this act, but the same
may be prosecuted or defended in the name of the commissioner of agri-
culture and markets or the department of agriculture and markets as
appropriate, and the proper party shall, upon application to the court,
be substituted as a party.
S 10. Continuation of rules and regulations. All rules, regulations,
acts, determinations and decisions of the industrial exhibit 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, determi-
nations and decisions of the commissioner of agriculture and markets in
accordance with the context therefor, until duly modified or abrogated
by the commissioner of agriculture and markets.
S 11. Transfer of appropriation. All appropriations and reappropri-
ations heretofore made to the industrial exhibit authority for the func-
tions, powers and other matters transferred pursuant to this act, to the
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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 depart-
ment of agriculture and markets and shall be payable on vouchers certi-
fied or approved by the commissioner of agriculture and markets, on
audit and warrant of the comptroller. Payments of liabilities for
expenses of personal services, maintenance and operation which shall
have been incurred by the industrial exhibit authority as of the effec-
tive date of this act in connection with the functions, powers and other
matters transferred pursuant to this act, shall also be made on vouchers
certified or approved by the commissioner of agriculture and markets, on
audit and warrant of the comptroller.
S 12. Title 3 of article 8 of the public authorities law is REPEALED.
S 13. This act shall take effect on the ninetieth day after it shall
have become a law.