[ ] is old law to be omitted.
LBD12675-02-2
S. 6260--A 2 A. 9060--A
public health law, in relation to provision of information about the
abandoned infant protection act; to repeal sections 520 and 521 of the
executive law, relating to the boards of visitors; to repeal article
28 of the executive law and paragraph (p) of subdivision 1 of section
17 of the public officers law, relating to the upstate and downstate
New York tourism councils; to repeal section 92-y of the state finance
law, relating to the upstate New York tourism council fund; to amend
the highway law and the education law, in relation to removing refer-
ence to the upstate and downstate New York tourism councils; to repeal
section 120 of the economic development law, relating to the advisory
board within the division of minority and women's business develop-
ment; to repeal section 27-0702 of the environmental conservation law,
relating to the solid waste management board; to amend the environ-
mental conservation law and the state finance law, in relation to
removing reference to the solid waste management board; to amend the
public authorities law, in relation to doing away with a technical
advisory committee and the hazardous waste disposal advisory committee
and to repeal certain provisions of law relating thereto; to repeal
section 216-b of the vehicle and traffic law, relating to the tow
truck advisory board; to repeal section 191 of the executive law,
relating to the temporary advisory committee on restoration and
display of New York state's military battle flags; to repeal subdivi-
sion 9 of section 3.23 of the parks, recreation and historic preserva-
tion law, relating to the advisory council within the New York state
conservation corps; to repeal section 89-mmm of the general business
law, relating to the armored car carrier advisory board; to amend the
executive law and the general business law, in relation to removing
reference to the armored car carrier advisory board and to repeal
certain provisions of the general business law relating thereto; to
repeal section 923 of the executive law, relating to the Long Island
Sound coastal advisory commission; to repeal subdivision 14 of section
601 and sections 611 and 612 of the executive law, relating to the
manufactured housing advisory council; to amend the executive law, in
relation to removing reference to the manufactured housing advisory
council; to repeal section 433-a of the general business law, relating
to the barbers board; to amend the social services law, in relation to
doing away with the advisory committee on legal advocacy; to repeal
subdivisions 8 and 9 of section 350, subdivision 16 of section 353,
and sections 365, 365-a, 365-b, 365-c, 365-d, 365-e, 365-f and 365-g
of the executive law, relating to the veterans' hall of fame and the
New York state veterans' hall of fame council; to repeal section 154
of the labor law, relating to the child performer advisory board to
prevent eating disorders; to repeal title 11 of article 24 of the
environmental conservation law, relating to appeal and review of
matters affecting freshwater wetlands; to amend the environmental
conservation law, in relation to appeal and reviews of matters affect-
ing freshwater wetlands; to repeal subdivision 3 of section 1-0303,
article 5, section 19-0917 and subdivision 4 of section 29-0103 of the
environmental conservation law, relating to the state environmental
board; to amend the environmental conservation law, in relation to
removing reference to the state environmental board; to repeal
sections 9-0705, 9-0707, 9-0709 and 9-0711 of the environmental
conservation law, relating to the regional forest practice boards and
the state forest practice board; to amend the environmental conserva-
tion law, in relation to removing reference to the regional forest
practice boards; to repeal subdivision 1 of section 444-b of the real
S. 6260--A 3 A. 9060--A
property law, relating to the state home inspection council; to amend
the real property law, in relation to removing reference to the state
home inspection council; to repeal subdivision 6 of section 69-n of
the general business law, in relation to the advisory committee on the
business of installing security or fire alarm systems; to repeal chap-
ter 868 of the laws of 1976 relating to the organic food advisory
committee, relating thereto; to repeal subdivisions 6, 7, 8, and 9 of
section 73-b of the agriculture and markets law, relating to the New
York state veterinary diagnostic laboratory; to amend the agriculture
and markets law, in relation to duties of the New York state veteri-
nary diagnostic laboratory and in relation to the New York state
animal health issues committee; to repeal section 13-0308 of the envi-
ronmental conservation law, relating to the surf clam/ocean quahog
management advisory board; to amend the environmental conservation law
and the state finance law, in relation to removing reference to the
surf clam/ocean quahog management advisory board; to amend the public
health law, in relation to simplifying committee structure and
increasing effectiveness of emergency medical services; to repeal
sections 3002, 3002-a, 3003-a, 3009 and 3017 of the public health law,
relating to the New York state emergency medical services council, the
state emergency medical advisory committee, EMS program agencies,
continuation of existing services and emergency medical services in
Suffolk county; to amend the public health law, in relation to provid-
ing for the New York state emergency medical services board and
regional boards; to repeal articles 30-B and 30-C of the public health
law, relating to emergency medical, trauma and disaster care and emer-
gency medical services for children; to amend the state finance law,
in relation to the New York state emergency medical services training
account; to amend the administrative code of the city of New York, the
general municipal law, the workers' compensation law, the executive
law and the education law, in relation to making conforming changes
thereto; to repeal section 2407 and subdivision 5 of section 2409 of
the public health law, relating to the breast and cervical cancer
detection and education program advisory council and the ovarian
cancer information advisory council; to amend the public health law,
in relation to creating the breast, cervical and ovarian cancer
detection and education program advisory council; and to repeal
section 844-a of the executive law, relating to the New York statewide
law enforcement telecommunications committee (Part D)
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 2012-2013
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through D. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
S. 6260--A 4 A. 9060--A
PART A
Section 1. Article 1 of the racing, pari-mutuel wagering and breeding
law is REPEALED and a new article 1 is added to read as follows:
ARTICLE 1
SUPERVISION AND REGULATION
SECTION 100. LEGISLATIVE INTENT.
101. DEFINITIONS.
102. NEW YORK STATE GAMING COMMISSION.
103. ORGANIZATION AND DIVISIONS.
104. POWERS AND DUTIES OF THE COMMISSION.
105. QUORUM.
106. SALARY AND EXPENSES.
107. CONFLICTS PROHIBITED.
108. CERTAIN RESTRICTIONS ON WAGERING.
109. SUPPLEMENTARY REGULATORY POWERS OF THE COMMISSION.
110. STATEMENT OF STOCKHOLDERS TO BE FILED.
111. COMPULSIVE GAMBLING ASSISTANCE.
112. PARI-MUTUEL OPERATIONS; FILING OF TAX FORMS AND OTHER
STATISTICS.
113. FILING OF PARI-MUTUEL TAX RETURNS OR REPORTS BY ELECTRON-
IC MEANS.
114. PRACTICE AND PROCEDURE.
115. REGULATORY FEES.
115-A. FEE FOR THE START OF A HORSE IN NEW YORK STATE PARI-MUTU-
EL RACES.
116. PENALTIES.
117. TRANSFER OF FUNCTIONS.
118. TRANSFER OF EMPLOYEES.
119. TRANSFER OF RECORDS.
120. CONTINUITY OF AUTHORITY.
121. COMPLETION OF UNFINISHED BUSINESS.
122. CONTINUATION OF RULES AND REGULATIONS.
123. TERMS OCCURRING IN LAWS, CONTRACTS AND OTHER DOCUMENTS.
124. EXISTING RIGHTS AND REMEDIES PRESERVED.
125. PENDING ACTIONS OR PROCEEDINGS.
126. TRANSFER OF APPROPRIATIONS HERETOFORE MADE.
127. TRANSFER OF ASSETS AND LIABILITIES.
128. PROMULGATION OF RULES AND REGULATIONS.
129. CONSTRUCTION OF OTHER LAWS OF PROVISIONS.
S 100. LEGISLATIVE INTENT. THE LEGISLATURE FINDS AND DETERMINES THAT
THE GAMING INDUSTRIES CONSTITUTE A VITAL SECTOR OF NEW YORK STATE'S
OVERALL ECONOMY. THE LEGISLATURE ALSO FINDS AND DETERMINES THAT RESPON-
SIVE, EFFECTIVE, INNOVATIVE, STATE GAMING REGULATION IS NECESSARY TO
OPERATE IN A GLOBAL, EVOLVING AND INCREASINGLY COMPETITIVE MARKET PLACE.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT THIS LEGISLATION
IS NECESSARY TO MODERNIZE AND TRANSFORM THE PRESENT STATE GAMING AGEN-
CIES INTO A NEW INTEGRATED STATE GAMING COMMISSION.
THE CONTINUED GROWTH OF THE GAMING INDUSTRY WILL CONTRIBUTE TO ECONOM-
IC DEVELOPMENT AND JOB CREATION IN THIS STATE. THEREFORE, IT IS ESSEN-
TIAL TO MAINTAIN THE PUBLIC CONFIDENCE AND TRUST IN THE CREDIBILITY AND
INTEGRITY OF LEGALIZED GAMING ACTIVITIES. TO ENSURE SUCH PUBLIC CONFI-
DENCE AND TRUST, THIS ARTICLE PROVIDES THAT THE REGULATION OF SUCH
GAMING IS TO BE CONDUCTED IN THE MOST EFFICIENT, TRANSPARENT AND EFFEC-
TIVE MANNER POSSIBLE. BY CONSOLIDATING VARIOUS REGULATORY FUNCTIONS INTO
A SINGLE OVERSIGHT BODY WITH BROAD POWERS, THIS ARTICLE ENSURES STRICT
S. 6260--A 5 A. 9060--A
STATE REGULATION OF ALL CORPORATIONS, ASSOCIATIONS AND PERSONS ENGAGED
IN GAMING ACTIVITY. FURTHER, BY CONSOLIDATING REGULATORY FUNCTIONS INTO
A SINGLE OVERSIGHT BODY, THIS ARTICLE WILL INCREASE EFFICIENCY, REDUCE
COSTS AND ELIMINATE ANY UNNECESSARY REDUNDANCIES IN REGULATION. THE
IMPROVED REGULATORY STRUCTURE ESTABLISHED BY THIS ARTICLE WILL INSURE,
SO FAR AS PRACTICABLE, THE EXCLUSION OF UNSUITABLE PERSONS OR ENTITIES
FROM PARTICIPATING IN ANY LEGALIZED GAMING ACTIVITY WITHIN THIS STATE.
THE GOAL OF THIS ARTICLE IS THAT ALL GAMING ACTIVITY CONDUCTED IN THIS
STATE WILL BE OF THE HIGHEST INTEGRITY, CREDIBILITY AND QUALITY AND THAT
THE BEST INTERESTS OF THE PUBLIC, BOTH GAMING AND NON-GAMING, WILL BE
SERVED. FINALLY, IT IS DETERMINED BY THE LEGISLATURE THAT THE PUBLIC
INTEREST IS BEST SERVED BY THOSE PERSONS OR ENTITIES ENGAGED IN GAMING
ACTIVITY PAYING THE COST OF REGULATING SUCH ACTIVITY THROUGH REASONABLE
REGULATORY FEES.
S 101. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "PUBLIC OFFICER" SHALL MEAN EVERY ELECTED STATE AND LOCAL OFFICER
AND EVERY OTHER STATE AND LOCAL OFFICER, AS DEFINED IN SECTION TWO OF
THE PUBLIC OFFICERS LAW, WHOSE DUTIES RELATE TO PARI-MUTUEL RACING
ACTIVITIES OR THE TAXATION THEREOF, WHO IS REQUIRED TO DEVOTE ALL OR
SUBSTANTIALLY ALL OF HIS OR HER TIME TO THE DUTIES OF HIS OR HER OFFICE
FOR WHICH HE OR SHE RECEIVES COMPENSATION OR IF EMPLOYED ON A PART-TIME
OR OTHER BASIS RECEIVES COMPENSATION IN EXCESS OF TWELVE THOUSAND
DOLLARS PER ANNUM, A MEMBER OR OFFICER OF THE STATE LEGISLATURE, A
MEMBER, DIRECTOR OR OFFICER OF THE STATE RACING COMMISSION, THE STATE
HARNESS RACING COMMISSION, THE QUARTER HORSE RACING COMMISSION, THE
STATE GAMING COMMISSION, OR ANY REGIONAL OFF-TRACK BETTING CORPORATION,
OR A MEMBER OF A LOCAL LEGISLATIVE BODY.
2. "PUBLIC EMPLOYEE" SHALL MEAN EVERY PERSON EMPLOYED BY THE STATE OR
ANY MUNICIPALITY OR OTHER POLITICAL SUBDIVISION THEREOF OR BY A LOCAL
LEGISLATIVE BODY, OTHER THAN A PUBLIC OFFICER DEFINED IN SUBDIVISION ONE
OF THIS SECTION, WHO IS REQUIRED TO DEVOTE ALL OR SUBSTANTIALLY ALL OF
HIS OR HER TIME TO THE DUTIES OF HIS OR HER EMPLOYMENT FOR WHICH HE OR
SHE RECEIVES COMPENSATION, OR IF EMPLOYED ON A PART-TIME BASIS RECEIVES
COMPENSATION IN EXCESS OF TWELVE THOUSAND DOLLARS PER ANNUM, OR AN
EMPLOYEE OF THE STATE LEGISLATURE OR AN EMPLOYEE OF THE STATE GAMING
COMMISSION.
3. "PARTY OFFICER" SHALL MEAN THE FOLLOWING MEMBERS OR OFFICERS OF ANY
POLITICAL PARTY:
(A) A MEMBER OF A NATIONAL COMMITTEE;
(B) A CHAIRMAN, VICE-CHAIRMAN, SECRETARY, TREASURER OR COUNSEL OF A
STATE COMMITTEE, OR MEMBER OF THE EXECUTIVE COMMITTEE OF A STATE COMMIT-
TEE;
(C) A COUNTY LEADER, CHAIRMAN, VICE-CHAIRMAN, COUNSEL, SECRETARY OR
TREASURER OF A COUNTY COMMITTEE.
4. "LOCAL LEGISLATIVE BODY" SHALL MEAN THE LEGISLATIVE BODY OF A COUN-
TY; THE COUNCIL, COMMON COUNCIL OR BOARD OF ALDERMEN AND THE BOARD OF
ESTIMATE, THE BOARD OF ESTIMATE AND APPORTIONMENT OR BOARD OF ESTIMATE
AND CONTRACT, IF THERE BE ONE, OF A CITY; THE TOWN BOARD OF A TOWN AND
THE VILLAGE BOARD OF A VILLAGE.
5. "GAMING ACTIVITY" SHALL MEAN THE CONDUCT OF ANY FORM OF LEGALIZED
GAMING, INCLUDING, BUT NOT LIMITED TO, CLASS III GAMING UNDER THE INDIAN
GAMING REGULATORY ACT, 25 U.S.C. S 2701 ET SEQ., PARI-MUTUEL WAGERING,
BOTH ON-TRACK AND OFF-TRACK, BINGO AND CHARITABLE GAMES OF CHANCE AND
THE STATE LOTTERY FOR EDUCATION.
S. 6260--A 6 A. 9060--A
6. "GAMING SERVICE ENTERPRISE" SHALL MEAN A PERSON OR ENTITY THAT
PROVIDES A GAMING FACILITY WITH GOODS OR SERVICES REGARDING THE REALTY,
CONSTRUCTION, MAINTENANCE, OR BUSINESS OF THE GAMING FACILITY OR RELATED
FACILITY INCLUDING, WITHOUT LIMITATION, JUNKET ENTERPRISES, SECURITY
BUSINESSES, GAMING SCHOOLS, MANUFACTURERS, DISTRIBUTORS AND SERVICERS OF
GAMING DEVICES OR EQUIPMENT, GARBAGE HAULERS, MAINTENANCE COMPANIES,
FOOD PURVEYORS, AND CONSTRUCTION COMPANIES, OR ANY OTHER ENTERPRISE
WHICH PURCHASES GOODS OR SERVICES FROM OR WHICH DOES ANY OTHER BUSINESS
WITH A GAMING FACILITY ON A REGULAR OR CONTINUING BASIS.
7. "COMMISSION" OR "STATE GAMING COMMISSION" SHALL MEAN THE NEW YORK
STATE GAMING COMMISSION CREATED PURSUANT TO SECTION ONE HUNDRED TWO OF
THIS ARTICLE.
S 102. NEW YORK STATE GAMING COMMISSION. 1. THERE IS HEREBY CREATED
WITHIN THE EXECUTIVE DEPARTMENT THE NEW YORK STATE GAMING COMMISSION
WHICH SHALL CONSIST OF FIVE MEMBERS APPOINTED BY THE GOVERNOR UPON THE
ADVICE AND CONSENT OF THE SENATE.
2. A MEMBER SHALL BE DESIGNATED AS CHAIR OF THE COMMISSION BY THE
GOVERNOR TO SERVE IN SUCH CAPACITY AT THE PLEASURE OF THE GOVERNOR OR
UNTIL HIS OR HER TERM AS A COMMISSION MEMBER EXPIRES, WHICHEVER FIRST
OCCURS. THE MEMBERS SHALL SERVE ON A FULL-TIME BASIS AND BE APPOINTED
FOR TERMS OF FIVE YEARS; PROVIDED, HOWEVER, THAT INITIAL APPOINTMENTS TO
THE COMMISSION SHALL BE FOR TERMS AS FOLLOWS:
(A) ONE MEMBER FOR TWO YEARS;
(B) ONE MEMBER FOR THREE YEARS;
(C) ONE MEMBER FOR FOUR YEARS;
(D) ONE MEMBER FOR FIVE YEARS;
(E) ONE MEMBER FOR SIX YEARS.
3. EACH MEMBER OF THE COMMISSION SHALL BE A CITIZEN OF THE UNITED
STATES AND A RESIDENT OF THE STATE OF NEW YORK. NO MEMBER OF THE LEGIS-
LATURE OR PERSON HOLDING ANY ELECTIVE OR APPOINTIVE OFFICE IN THE FEDER-
AL, STATE OR LOCAL GOVERNMENT SHALL BE ELIGIBLE TO SERVE AS A MEMBER OF
THE COMMISSION.
4. THE GOVERNOR MAY REMOVE ANY MEMBER OF THE COMMISSION AT THE GOVER-
NOR'S DISCRETION.
S 103. ORGANIZATION AND DIVISIONS. 1. THE COMMISSION SHALL ESTABLISH A
PLAN OF ORGANIZATION AND MAY INCUR EXPENSES WITHIN THE LIMITS OF FUNDS
AVAILABLE TO IT. AN EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE GOVER-
NOR AND SHALL SERVE AT HIS OR HER PLEASURE. THE EXECUTIVE DIRECTOR SHALL
BE RESPONSIBLE FOR THE CONDUCT OF THE ADMINISTRATIVE AFFAIRS OF THE
COMMISSION.
2. THE COMMISSION SHALL ESTABLISH AND SUPERVISE FIVE DIVISIONS TO
RESPECTIVELY CARRY OUT RESPONSIBILITIES RELATING TO THE REGULATION AND
ENFORCEMENT OF THE FOLLOWING: LOTTERY, CHARITABLE GAMING, GAMING, HORSE
RACING AND PARI-MUTUEL WAGERING, AND LAW ENFORCEMENT. EACH SUCH DIVISION
SHALL BE SUPERVISED BY A DIVISION DIRECTOR, EACH TO SERVE IN SUCH CAPAC-
ITY AT THE PLEASURE OF THE GOVERNOR, PROVIDED, HOWEVER, THAT THE DIREC-
TOR OF THE DIVISION OF LAW ENFORCEMENT SHALL SERVE AT THE PLEASURE OF
THE SUPERINTENDENT OF STATE POLICE.
(A) DIVISION OF LOTTERY. THE DIVISION OF LOTTERY SHALL BE RESPONSIBLE
TO OPERATE AND ADMINISTER THE STATE LOTTERY FOR EDUCATION, AS PRESCRIBED
BY ARTICLE THIRTY-FOUR OF THE TAX LAW, EXCEPTING RESPONSIBILITIES FOR
VIDEO LOTTERY GAMING.
(B) CHARITABLE GAMING. THE DIVISION OF CHARITABLE GAMING SHALL BE
RESPONSIBLE FOR THE SUPERVISION AND ADMINISTRATION OF THE GAMES OF
CHANCE LICENSING LAW, BINGO LICENSING LAW AND BINGO CONTROL LAW AS
S. 6260--A 7 A. 9060--A
PRESCRIBED BY ARTICLES NINE-A AND FOURTEEN-H OF THE GENERAL MUNICIPAL
LAW AND NINETEEN-B OF THE EXECUTIVE LAW.
(C) GAMING. THE DIVISION OF GAMING SHALL BE RESPONSIBLE FOR THE APPRO-
PRIATE ADMINISTRATION, REGULATION OR OVERSIGHT OF INDIAN GAMING AS
DEFINED BY TRIBAL-STATE COMPACTS IN EFFECT PURSUANT TO THE INDIAN GAMING
REGULATORY ACT, 25 U.S.C. S 2701, ET SEQ., AND OPERATION AND ADMINIS-
TRATION OF VIDEO LOTTERY GAMING, AS PRESCRIBED BY ARTICLE THIRTY-FOUR OF
THE TAX LAW.
(D) HORSE RACING AND PARI-MUTUEL WAGERING. THE DIVISION OF HORSE
RACING AND PARI-MUTUEL WAGERING SHALL BE RESPONSIBLE FOR THE SUPER-
VISION, REGULATION AND ADMINISTRATION OF ALL HORSE RACING AND PARI-MUTU-
EL WAGERING ACTIVITIES, AS PRESCRIBED BY ARTICLES TWO THROUGH ELEVEN OF
THIS CHAPTER.
(E) LAW ENFORCEMENT. THE DIVISION OF LAW ENFORCEMENT SHALL CONSIST OF
STATE POLICE INVESTIGATORS AND PERSONNEL SPECIALIZING IN GAMING INVESTI-
GATION AND LAW ENFORCEMENT. THE DIVISION SHALL BE PERMANENTLY ASSIGNED
TO THE COMMISSION AND MAINTAIN ITS PRINCIPAL OFFICE WITHIN THE PRINCIPAL
OFFICE OF THE COMMISSION AND MAY ESTABLISH AND MAINTAIN BRANCH OFFICES
AT ANY BRANCH OFFICE ESTABLISHED AND MAINTAINED BY THE COMMISSION.
ADDITIONALLY, THE DIVISION MAY ESTABLISH AND MAINTAIN OFFICES AT ANY
LICENSED GAMING FACILITY OR INDIAN GAMING FACILITY CONSISTENT WITH THE
TERMS OF ANY TRIBAL-STATE GAMING COMPACT IN EFFECT PURSUANT TO THE INDI-
AN GAMING REGULATORY ACT, 25 U.S.C. S 2701, ET SEQ. AS AGREED WITH AND
ON BEHALF OF THE COMMISSION, THE DIVISION SHALL CONDUCT FINGERPRINTING
AND BACKGROUND INVESTIGATIONS ON PERSONS AND ENTITIES ENGAGED IN GAMING
ACTIVITY OR GAMING SERVICES ENTERPRISES WITHIN THE STATE. THE DIVISION
SHALL, UPON REQUEST, ASSIST CIVIL INVESTIGATORS OF THE COMMISSION AND
EVALUATE ALL REFERRALS MADE BY SAME.
S 104. POWERS AND DUTIES OF THE COMMISSION. THE COMMISSION SHALL HAVE
THE AUTHORITY AND RESPONSIBILITY:
1. TO HAVE GENERAL JURISDICTION OVER ALL GAMING ACTIVITIES WITHIN THE
STATE AND OVER THE CORPORATIONS, ASSOCIATIONS AND PERSONS ENGAGED THERE-
IN.
2. TO HEAR AND DECIDE PROMPTLY AND IN REASONABLE ORDER ALL LICENSE,
REGISTRATION, CERTIFICATE AND PERMIT APPLICATIONS, AND CAUSES AFFECTING
THE GRANTING, SUSPENSION, REVOCATION OR RENEWAL THEREOF, OF CORPO-
RATIONS, ASSOCIATIONS OR PERSONS ENGAGED OR SEEKING TO ENGAGE IN GAMING
ACTIVITY OR GAMING SERVICES ENTERPRISES.
3. TO TEST OR CAUSE TO HAVE TESTED AND APPROVE SURVEILLANCE SYSTEMS,
GAMES OF CHANCE, GAMING DEVICES AND LOTTERY GAMES.
4. TO MONITOR ANY CORPORATION, ASSOCIATION OR PERSON ENGAGED IN GAMING
ACTIVITY OR A GAMING SERVICE ENTERPRISE FOR COMPLIANCE WITH THIS CHAP-
TER.
5. TO, AT ANY TIME, EXAMINE THE BOOKS, PAPERS, RECORDS AND ACCOUNTS OF
ANY CORPORATION, ASSOCIATION OR PERSON ENGAGED IN GAMING ACTIVITY OR A
GAMING SERVICE ENTERPRISE PURSUANT TO A LICENSE, REGISTRATION, FRAN-
CHISE, CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION.
6. TO CONDUCT INVESTIGATIONS AND HEARINGS PERTAINING TO VIOLATIONS OF
THIS CHAPTER. EACH MEMBER OF THE COMMISSION AND SUCH OFFICERS, EMPLOYEES
OR AGENTS OF THE COMMISSION AS MAY BE DESIGNATED BY THE COMMISSION FOR
SUCH PURPOSE SHALL HAVE THE POWER TO ADMINISTER OATHS AND EXAMINE
WITNESSES.
7. EACH MEMBER OF THE COMMISSION, AND SUCH OFFICERS, EMPLOYEES OR
AGENTS OF THE COMMISSION AS MAY BE DESIGNATED BY THE COMMISSION FOR SUCH
PURPOSES, MAY ISSUE SUBPOENAS TO COMPEL ATTENDANCE OF WITNESSES, AND THE
PRODUCTION OF REPORTS, BOOKS, PAPERS, DOCUMENTS, CORRESPONDENCE AND
S. 6260--A 8 A. 9060--A
OTHER POTENTIAL EVIDENCE. IN THE EVENT THAT A HOLDER OF LICENSE, REGIS-
TRATION, CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION FAILS TO COMPLY
WITH SUCH A SUBPOENA, THE COMMISSION MAY SUMMARILY REVOKE SUCH LICENSE,
REGISTRATION, CERTIFICATE OR PERMIT.
8. TO ARBITRATE DISPUTES RELATING TO ANY STATE LICENSE, REGISTRATION,
CERTIFICATE OR PERMIT. ADDITIONALLY, THE COMMISSION SHALL BE AUTHORIZED
TO REQUIRE ARBITRATION OF AND TO ARBITRATE DISPUTES BY OR BETWEEN ANY
HOLDER OF LICENSE, REGISTRATION, CERTIFICATE OR PERMIT ISSUED BY THE
COMMISSION.
9. TO COLLECT ALL LICENSE AND REGISTRATION FEES IMPOSED BY STATE LAW,
OR RULES OR REGULATIONS PROMULGATED THEREUNDER, AND ANY PAYMENTS FROM AN
INDIAN NATION OR TRIBE UNDER THE TERMS OF A TRIBAL-STATE COMPACT THAT IS
IN EFFECT PURSUANT TO THE FEDERAL INDIAN GAMING REGULATORY ACT, 25
U.S.C. S 2701, ET SEQ.
10. TO LEVY AND COLLECT CIVIL PENALTIES AND FINES FOR ANY VIOLATION OF
THIS CHAPTER.
11. TO BE PRESENT THROUGH ITS EMPLOYEES AND AGENTS DURING THE OPERA-
TION OF ANY RACE TRACK, CASINO, GAMING FACILITY, CHARITABLE GAMING
ORGANIZATION, SIMULCASTING FACILITY OR VIDEO LOTTERY GAMING FACILITY FOR
THE PURPOSE OF CERTIFYING THE REVENUE THEREOF, RECEIVING COMPLAINTS FROM
THE PUBLIC RELATING TO THE CONDUCT OF GAMING AND SIMULCAST WAGERING
ACTIVITIES, EXAMINING RECORDS OF REVENUES AND PROCEDURES, AND CONDUCTING
PERIODIC REVIEWS OF OPERATIONS AND FACILITIES FOR PURPOSES OF EVALUATING
ANY CURRENT OR SUGGESTED PROVISION OF LAW, RULE OR REGULATION.
12. TO ENSURE COMPLIANCE WITH TRIBAL-STATE GAMING COMPACTS THAT ARE IN
EFFECT PURSUANT TO THE FEDERAL INDIAN GAMING REGULATORY ACT, 25 U.S.C. S
2701, ET SEQ.
13. TO REFER TO THE DIVISION OF LAW ENFORCEMENT OR OTHER LAW ENFORCE-
MENT AGENCY OF COMPETENT JURISDICTION ANY EVIDENCE OF A VIOLATION OF
LAW.
14. TO CAUSE BACKGROUND INVESTIGATIONS TO BE CONDUCTED BY THE DIVISION
OF LAW ENFORCEMENT ON ANY APPLICANT FOR A LICENSE, REGISTRATION, CERTIF-
ICATE, PERMIT OR APPROVAL. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE COMMISSION SHALL BE GRANTED ACCESS TO THE CRIMINAL HISTORY RECORDS
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, PURSUANT TO SUBDIVISION
EIGHT-A OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, IN
CONNECTION WITH EXECUTING THE RESPONSIBILITIES OF THE COMMISSION RELAT-
ING TO THE REGULATION, OVERSIGHT, LICENSING, PERMITTING OR CERTIF-
ICATION, INCLUDING FINGERPRINTING, CRIMINAL HISTORY RECORD CHECKS AND
BACKGROUND INVESTIGATIONS, OF PERSONS APPLYING TO ENGAGE IN GAMING
ACTIVITIES AND GAMING SERVICE ENTERPRISES. AT THE REQUEST OF THE COMMIS-
SION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SUBMIT A FINGER-
PRINT CARD, ALONG WITH THE SUBJECT'S PROCESSING FEE, TO THE FEDERAL
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A CRIMINAL HISTORY
SEARCH AND RETURNING A REPORT THEREON. THE COMMISSION SHALL ALSO BE
ENTITLED TO REQUEST AND RECEIVE ANY INFORMATION IN THE POSSESSION OF THE
STATE ATTORNEY GENERAL OR DEPARTMENT OF TAXATION AND FINANCE RELATING TO
THE INVESTIGATION OF ORGANIZED CRIME, GAMING OFFENSES, OTHER REVENUE
CRIMES OR TAX EVASION. PROVIDED HOWEVER, THE ATTORNEY GENERAL OR THE
COMMISSIONER OF TAXATION AND FINANCE MAY WITHHOLD ANY INFORMATION THAT
(A) WOULD IDENTIFY A CONFIDENTIAL SOURCE OR DISCLOSE CONFIDENTIAL INFOR-
MATION RELATING TO A CRIMINAL INVESTIGATION, (B) WOULD INTERFERE WITH
LAW ENFORCEMENT INVESTIGATIONS OR JUDICIAL PROCEEDINGS, (C) REVEAL CRIM-
INAL INVESTIGATIVE TECHNIQUES OR PROCEDURES, THAT, IF DISCLOSED, COULD
ENDANGER THE LIFE OR SAFETY OF ANY PERSON, OR (D) CONSTITUTES RECORDS
RECEIVED FROM OTHER STATE, LOCAL OR FEDERAL AGENCIES THAT THE ATTORNEY
S. 6260--A 9 A. 9060--A
GENERAL OR THE COMMISSIONER IS PROHIBITED BY LAW, REGULATION OR AGREE-
MENT FROM DISCLOSING.
15. THE CHAIR SHALL APPOINT SUCH DEPUTIES, SECRETARY, OFFICERS, REPRE-
SENTATIVES AND COUNSEL AS THE COMMISSION MAY DEEM NECESSARY, TO SERVE AT
THE CHAIR'S PLEASURE, AND SHALL ALSO APPOINT SUCH EMPLOYEES AS THE
COMMISSION MAY DEEM NECESSARY, AND WHOSE DUTIES SHALL BE PRESCRIBED BY
THE COMMISSION. IT SHALL BE THE DUTY OF THE SECRETARY TO KEEP A FULL AND
FAITHFUL RECORD OF THE PROCEEDINGS OF THE COMMISSION, PRESERVE AT THE
GENERAL OFFICE OF THE COMMISSION ALL BOOKS, MAPS, DOCUMENTS AND PAPERS
ENTRUSTED TO HIS OR HER CARE, PREPARE FOR SERVICE SUCH PAPERS AND
NOTICES AS MAY BE REQUIRED BY THE COMMISSION, AND PERFORM SUCH OTHER
DUTIES AS THE COMMISSION MAY PRESCRIBE.
16. TO OPERATE, OR IMMEDIATELY APPOINT OR CONTRACT WITH AN INDEPENDENT
THIRD PARTY TO OPERATE, ANY FACILITY SUBJECT TO LICENSURE BY THE COMMIS-
SION ON AN INTERIM BASIS IN THE EVENT THAT THE LICENSED OPERATOR OR
OPERATORS OF SUCH FACILITY DISCONTINUES OPERATIONS DUE TO FINANCIAL,
REGULATORY OR ANY OTHER CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
LICENSE REVOCATION, RELINQUISHMENT OR EXPIRATION, AND THE COMMISSION
DETERMINES THAT IT WOULD FURTHER THE PUBLIC INTEREST TO CONTINUE SUCH
OPERATIONS. SUCH OPERATION SHALL BE ON A TEMPORARY BASIS, NOT TO EXCEED
ONE HUNDRED EIGHTY DAYS, UNTIL SUCH TIME AS A PERMANENT OPERATOR IS
LICENSED AND AUTHORIZED TO OPERATE SUCH FACILITY; PROVIDED, HOWEVER, THE
COMMISSION MAY OPERATE A FACILITY FOR ADDITIONAL ONE HUNDRED EIGHTY DAY
PERIODS WHERE NECESSARY.
17. TO ENTER INTO CONTRACTS WITH ANY PERSON TO CARRY OUT ITS FUNC-
TIONS, POWERS AND DUTIES WHENEVER IT DEEMS NECESSARY OR CONVENIENT.
18. TO ANNUALLY REPORT TO THE GOVERNOR ITS PROCEEDINGS FOR THE PRECED-
ING CALENDAR YEAR AND ANY SUGGESTIONS AND RECOMMENDATIONS AS IT SHALL
DEEM DESIRABLE.
19. TO PROMULGATE ANY RULES AND REGULATIONS THAT IT DEEMS NECESSARY TO
CARRY OUT ITS RESPONSIBILITIES.
S 105. QUORUM. A MAJORITY OF THE DULY APPOINTED MEMBERS OF THE COMMIS-
SION SHALL CONSTITUTE A QUORUM AND NOT LESS THAN A MAJORITY OF SUCH
QUORUM MAY TRANSACT ANY BUSINESS, PERFORM ANY DUTY OR EXERCISE ANY POWER
OF THE COMMISSION.
S 106. SALARY AND EXPENSES. 1. THE CHAIR AND MEMBERS OF THE COMMISSION
SHALL RECEIVE SALARIES IN AMOUNTS EQUAL TO THOSE ESTABLISHED BY PARA-
GRAPHS (B) AND (D) OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE
OF THE EXECUTIVE LAW, RESPECTIVELY.
2. THE COMMISSION SHALL FIX THE COMPENSATION FOR ITS OFFICERS AND
EMPLOYEES WITHIN THE AMOUNTS APPROPRIATED THEREFOR.
3. THE MEMBERS, OFFICERS AND EMPLOYEES OF THE COMMISSION SHALL BE
REIMBURSED FOR ALL ACTUAL AND NECESSARY TRAVELING AND OTHER EXPENSES AND
DISBURSEMENTS INCURRED OR MADE BY THEM IN THE DISCHARGE OF THEIR OFFI-
CIAL DUTIES.
S 107. CONFLICTS PROHIBITED. 1. NO PERSON SHALL BE APPOINTED TO OR
EMPLOYED BY THE COMMISSION IF, DURING THE PERIOD COMMENCING THREE YEARS
PRIOR TO APPOINTMENT OR EMPLOYMENT, SAID PERSON HELD ANY DIRECT OR INDI-
RECT INTEREST IN, OR EMPLOYMENT BY, ANY CORPORATION, ASSOCIATION OR
PERSON ENGAGED IN GAMING ACTIVITY OR A GAMING SERVICE ENTERPRISE WITHIN
THE STATE. PRIOR TO APPOINTMENT OR EMPLOYMENT, EACH MEMBER, OFFICER OR
EMPLOYEE OF THE COMMISSION SHALL SWEAR OR AFFIRM THAT HE OR SHE
POSSESSES NO INTEREST IN ANY CORPORATION OR ASSOCIATION HOLDING A FRAN-
CHISE, LICENSE, REGISTRATION, CERTIFICATE OR PERMIT ISSUED BY THE
COMMISSION. DURING THE TERM OF APPOINTMENT OR EMPLOYMENT, EVERY MEMBER,
OFFICER AND EMPLOYEE OF THE COMMISSION SHALL BE HELD TO THE HIGHEST
S. 6260--A 10 A. 9060--A
ETHICAL STANDARDS AND AVOID ANY CONFLICT OF INTEREST OR APPEARANCE THER-
EOF. THEREAFTER, NO MEMBER OR OFFICER OF THE COMMISSION SHALL HOLD ANY
DIRECT INTEREST IN OR BE EMPLOYED BY ANY APPLICANT FOR OR BY ANY CORPO-
RATION, ASSOCIATION OR PERSON HOLDING A LICENSE, REGISTRATION, FRAN-
CHISE, CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION FOR A PERIOD OF
FOUR YEARS COMMENCING ON THE DATE HIS OR HER MEMBERSHIP WITH THE COMMIS-
SION TERMINATES. FURTHER, NO EMPLOYEE OF THE COMMISSION MAY ACQUIRE ANY
DIRECT OR INDIRECT INTEREST IN, OR ACCEPT EMPLOYMENT WITH, ANY APPLICANT
FOR OR ANY PERSON HOLDING A LICENSE, REGISTRATION, FRANCHISE, CERTIF-
ICATE OR PERMIT ISSUED BY THE COMMISSION FOR A PERIOD OF TWO YEARS
COMMENCING AT THE TERMINATION OF EMPLOYMENT WITH THE COMMISSION.
2. NO MEMBER, OFFICER, OFFICIAL OR EMPLOYEE OF THE COMMISSION SHALL
PARTICIPATE AS AN OWNER OF A HORSE OR OTHERWISE AS A CONTESTANT IN ANY
HORSE RACE AT A RACE MEETING WHICH IS UNDER THE JURISDICTION OR SUPER-
VISION OF THE COMMISSION, OR HAVE ANY PECUNIARY INTEREST, DIRECT OR
INDIRECT, IN THE PURSE, PRIZE, PREMIUM OR STAKE CONTESTED FOR AT ANY
SUCH HORSE RACE OR IN THE OPERATIONS OF ANY LICENSEE OF THE COMMISSION
OR STATE RACING FRANCHISEE. PARTICIPATION AS AN OWNER OF A HORSE OR
OTHERWISE AS A CONTESTANT IN ANY SUCH HORSE RACE BY A MEMBER, OFFICER,
OTHER OFFICIAL OR EMPLOYEE OF THE COMMISSION IN VIOLATION OF THIS PROHI-
BITION SHALL TERMINATE THE TERM OF HIS OR HER OFFICE AS A MEMBER, OR HIS
OR HER SERVICES AS AN OFFICER OR OFFICIAL OR EMPLOYEE OF THE COMMISSION.
3. ALL MEMBERS, OFFICERS AND EMPLOYEES OF THE COMMISSION SHALL BE
SUBJECT TO THE PROVISIONS OF THE PUBLIC OFFICERS LAW AND BE REQUIRED TO
ANNUALLY FILE A FINANCIAL DISCLOSURE STATEMENT WITH THE JOINT COMMISSION
ON PUBLIC ETHICS.
4. NO MEMBER, OFFICER OR EMPLOYEE OF THE COMMISSION SHALL WAGER UPON
GAMING OR HORSE RACING ACTIVITY CONDUCTED WITHIN THE STATE.
5. NO INDIVIDUAL EMPLOYED BY AN OFF-TRACK BETTING CORPORATION OR RACE
TRACK LICENSED PURSUANT TO THIS CHAPTER AS A PARI-MUTUEL CLERK, CASHIER
OR SELLER SHALL BE PERMITTED TO WAGER UPON GAMING ACTIVITY DURING ANY
PERIOD OF A DAY ON WHICH SUCH PERSON IS EMPLOYED IN SUCH CAPACITY.
6. NO PUBLIC OFFICER OR PARTY OFFICER SHALL HOLD ANY LICENSE FROM THE
COMMISSION.
7. THE FOLLOWING PUBLIC EMPLOYEES ARE PROHIBITED FROM HOLDING ANY
LICENSE FROM THE COMMISSION:
(A) AN EMPLOYEE OF THE COMMISSION; ANY DIRECTOR OR EMPLOYEE OF A
REGIONAL OFF-TRACK BETTING CORPORATION EMPLOYED IN A MANAGEMENT, CONFI-
DENTIAL OR SUPERVISORY CAPACITY, PROVIDED, HOWEVER, THAT SUCH DIRECTOR
OR EMPLOYEE SHALL BE REQUIRED TO APPLY FOR AND OBTAIN A LICENSE FROM THE
COMMISSION FOR PURPOSES OF THEIR POSITION WITH OFF-TRACK BETTING; OR
(B) AN EMPLOYEE OF THE STATE LEGISLATURE; PROVIDED, HOWEVER, THAT AN
EMPLOYEE OF THE STATE LEGISLATURE WHOSE DUTIES IN SUCH POSITION DO NOT
RELATE TO GAMING ACTIVITIES SHALL NOT BE SUBJECT TO THE PROHIBITIONS OF
THIS SECTION IF HE OR SHE HELD A LICENSE FROM THE FORMER STATE RACING
AND WAGERING BOARD WHILE EMPLOYED BY THE STATE LEGISLATURE PRIOR TO JULY
FIRST, NINETEEN HUNDRED EIGHTY; OR
(C) AN EMPLOYEE OF ANY LOCAL LEGISLATIVE BODY WHOSE DUTIES RELATE TO
GAMING ACTIVITIES; OR
(D) AN EMPLOYEE OF ANY STATE OR LOCAL BOARD, AGENCY, AUTHORITY OR
OTHER STATE OR LOCAL GOVERNMENTAL BODY, THE DUTIES OF WHICH RELATE TO
GAMING ACTIVITIES OR THE TAXATION THEREOF.
8. NO PUBLIC OFFICER, PUBLIC EMPLOYEE OR PARTY OFFICER SHALL:
(A) OWN OR HOLD, DIRECTLY OR INDIRECTLY, ANY PROPRIETARY INTEREST,
STOCK OR OBLIGATION OF ANY FIRM, ASSOCIATION OR CORPORATION (I) WHICH IS
LICENSED BY THE COMMISSION TO CONDUCT GAMING OR HORSE RACING ACTIVITIES
S. 6260--A 11 A. 9060--A
OR GAMING SERVICE ENTERPRISE, OR (II) WHICH CONDUCTS ITS OCCUPATION,
TRADE, OR BUSINESS AT A RACETRACK AT WHICH PARI-MUTUEL RACE MEETS ARE
CONDUCTED OR FACILITY WHERE GAMING ACTIVITY IS CONDUCTED WHETHER OR NOT
A LICENSE IS REQUIRED, OR (III) WHICH OWNS OR LEASES TO ANY ENFRANCHISED
OR LICENSED ASSOCIATION OR CORPORATION A RACETRACK AT WHICH PARI-MUTUEL
RACING IS CONDUCTED OR FACILITY WHERE GAMING ACTIVITY IS CONDUCTED, OR
(IV) WHICH PARTICIPATES IN THE MANAGEMENT OF ANY FRANCHISE HOLDER OR
LICENSEE CONDUCTING GAMING OR HORSE RACING ACTIVITIES OR GAMING SERVICE
ENTERPRISE; OR
(B) HOLD ANY OFFICE OR EMPLOYMENT WITH ANY FIRM, ASSOCIATION OR CORPO-
RATION SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION, EXCEPT AS
PROVIDED IN SUBDIVISION NINE OF THIS SECTION; OR
(C) SELL, OR BE A MEMBER OF A FIRM, OR OWN TEN PER CENTUM OR MORE OF
THE STOCK OF ANY CORPORATION, WHICH SELLS ANY GOODS OR SERVICES TO ANY
FIRM, ASSOCIATION OR CORPORATION SPECIFIED IN PARAGRAPH (A) OF THIS
SUBDIVISION.
9. THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION EIGHT OF THIS
SECTION SHALL NOT APPLY TO A PUBLIC EMPLOYEE OTHER THAN AN EMPLOYEE OF
THE COMMISSION, A POLICE OFFICER OR A PEACE OFFICER EMPLOYED BY A SHER-
IFF'S OFFICE, DISTRICT ATTORNEY'S OFFICE OR OTHER STATE OR LOCAL LAW
ENFORCEMENT AGENCY, OR THOSE EMPLOYEES CLASSIFIED AS MANAGEMENT CONFI-
DENTIAL EMPLOYEES PURSUANT TO SECTION TWO HUNDRED FOURTEEN OF THE CIVIL
SERVICE LAW WHO ARE EMPLOYED BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY
OR REGIONAL OFF-TRACK BETTING CORPORATION; PROVIDED, HOWEVER, THAT
EMPLOYMENT OF EMPLOYEES OF A POLITICAL SUBDIVISION MAY BE PROHIBITED BY
ORDINANCE, RESOLUTION OR LOCAL LAW ADOPTED BY THE LOCAL LEGISLATIVE BODY
OR OTHER GOVERNING BOARD OF SUCH POLITICAL SUBDIVISION.
10. THE COMMISSION SHALL HAVE THE POWER TO REFUSE TO GRANT OR TO
REVOKE OR SUSPEND A LICENSE OF ANY PERSON, ASSOCIATION OR CORPORATION
THAT AIDS OR KNOWINGLY PERMITS OR CONSPIRES TO PERMIT ANY PUBLIC OFFI-
CER, PUBLIC EMPLOYEE OR PARTY OFFICER TO ACQUIRE OR RETAIN ANY INTEREST
PROHIBITED BY THIS SECTION AND SHALL HAVE THE POWER TO EXCLUDE FROM THE
GROUNDS OF ANY RACING ASSOCIATION ANY SUCH PERSON, ASSOCIATION OR CORPO-
RATION.
11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN ADDITION TO ANY
OTHER CAUSE OF REMOVAL PROVIDED BY LAW, AN INTENTIONAL VIOLATION OF THIS
SECTION SHALL BE CAUSE FOR REMOVAL FROM PUBLIC OFFICE, PUBLIC EMPLOYMENT
OR PARTY OFFICE. IN ANY SUCH CASE, SUCH PUBLIC OFFICER, PUBLIC EMPLOYEE
OR PARTY OFFICER VIOLATING THIS SECTION SHALL BE REMOVED FROM OFFICE BY
THE APPROPRIATE AUTHORITY HAVING THE POWER OF REMOVAL OR AT THE SUIT OF
THE ATTORNEY GENERAL. FURTHER, SUCH PUBLIC OFFICER, PUBLIC EMPLOYEE OR
PARTY OFFICER SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN TEN
THOUSAND DOLLARS.
S 108. CERTAIN RESTRICTIONS ON WAGERING. 1. NO CORPORATION, ASSOCI-
ATION OR PERSON WHICH HOLDS A LICENSE, REGISTRATION, FRANCHISE, CERTIF-
ICATE OR PERMIT ISSUED BY THE COMMISSION SHALL DIRECTLY EXTEND CREDIT
FOR ANY WAGER UNDER THIS CHAPTER.
2. NO CORPORATION, ASSOCIATION OR PERSON THAT HOLDS A LICENSE, REGIS-
TRATION, FRANCHISE, CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION SHALL
PERMIT ANY PERSON WHO IS ACTUALLY OR APPARENTLY UNDER EIGHTEEN YEARS OF
AGE TO BET ON GAMING ACTIVITY, AS DEFINED IN SUBDIVISION FIVE OF SECTION
ONE HUNDRED ONE OF THIS ARTICLE.
S 109. SUPPLEMENTARY REGULATORY POWERS OF THE COMMISSION. NOTWITH-
STANDING ANY INCONSISTENT PROVISION OF LAW, THE COMMISSION THROUGH ITS
RULES AND REGULATIONS OR IN ALLOTTING DATES FOR RACING, SIMULCASTING OR
S. 6260--A 12 A. 9060--A
IN LICENSING RACE MEETINGS AT WHICH PARI-MUTUEL BETTING IS PERMITTED
SHALL BE AUTHORIZED TO:
(A) PERMIT RACING AT WHICH PARI-MUTUEL BETTING IS CONDUCTED ON ANY OR
ALL DATES FROM THE FIRST DAY OF JANUARY THROUGH THE THIRTY-FIRST DAY OF
DECEMBER, INCLUSIVE OF SUNDAYS; AND
(B) FIX MINIMUM AND MAXIMUM CHARGES FOR ADMISSION AT ANY RACE MEETING.
S 110. STATEMENT OF STOCKHOLDERS TO BE FILED. EVERY CORPORATION OR
ASSOCIATION AUTHORIZED UNDER THIS CHAPTER TO CONDUCT PARI-MUTUEL BETTING
AT A RACE MEETING OR RACES RUN THEREAT SHALL FILE WITH THE COMMISSION A
STATEMENT GIVING THE NAMES AND ADDRESSES OF ALL ITS STOCKHOLDERS AND
SHALL LIKEWISE FILE REVISED STATEMENTS GIVING SUCH NAMES AND ADDRESSES
FROM TIME TO TIME AS CHANGES OCCUR.
S 111. COMPULSIVE GAMBLING ASSISTANCE. 1. THE COMMISSION SHALL COOPER-
ATE WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO
ENSURE THE POSTING OF SIGNS AND LISTING OF INFORMATION ON THE INTERNET
DESIGNED TO ASSIST COMPULSIVE GAMBLERS PURSUANT TO THE PROVISIONS OF
SUBDIVISION (H) OF SECTION 19.09 OF THE MENTAL HYGIENE LAW.
2. (A) THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS PURSUANT
TO WHICH PEOPLE MAY VOLUNTARILY EXCLUDE THEMSELVES FROM ENTERING THE
PREMISES OF AN ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED BY
THE COMMISSION PURSUANT TO THIS CHAPTER.
(B) AN ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED PURSUANT TO
THIS CHAPTER SHALL NOT BE LIABLE TO ANY SELF-EXCLUDED PERSON OR TO ANY
OTHER PARTY IN ANY JUDICIAL PROCEEDING FOR ANY HARM, MONETARY OR OTHER-
WISE, WHICH MAY ARISE AS A RESULT OF A SELF-EXCLUDED PERSON'S ENGAGING
IN GAMING ACTIVITY WHILE ON THE LIST OF SELF-EXCLUDED PERSONS; PROVIDED
THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL LIMIT THE LIABILITY OF
ANY SUCH ASSOCIATION, CORPORATION, OR FACILITY FOR ANY OTHER ACTS OR
OMISSIONS UNDER ANY OTHER STATUTORY LAW OR UNDER THE COMMON LAW.
(C) NO VOLUNTARY ORDER OR REQUEST TO EXCLUDE PERSONS FROM ENTERING THE
PREMISES OF ANY SUCH ASSOCIATION, CORPORATION, OR FACILITY MAY BE
RESCINDED, CANCELED, OR DECLARED NULL AND VOID UNTIL SEVEN DAYS AFTER A
REQUEST HAS BEEN RECEIVED BY SUCH ASSOCIATION, CORPORATION, OR FACILITY
TO CANCEL SUCH ORDER OR REQUEST.
3. THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS UNDER WHICH A
PERSON WITH AN ACCOUNT AUTHORIZED PURSUANT TO SECTION ONE THOUSAND
TWELVE OF THIS CHAPTER MAY VOLUNTARILY PLACE LIMITS ON THE AMOUNTS OF
HIS OR HER WAGERS OR POTENTIAL WAGERS ON A DAILY OR WEEKLY BASIS. NO
ORDER FROM A PERSON TO REMOVE ANY LIMIT PLACED ON ACCOUNT WAGERS SHALL
BE EFFECTIVE UNTIL SEVEN DAYS AFTER IT HAS BEEN RECEIVED BY THE ENTITY
CONDUCTING ACCOUNT WAGERING.
S 112. PARI-MUTUEL OPERATIONS; FILING OF TAX FORMS AND OTHER STATIS-
TICS. THE COMMISSION AND THE COMMISSIONER OF TAXATION AND FINANCE SHALL
APPROVE ALL SYSTEMS USED FOR DATA PROCESSING AND COMMUNICATIONS IN THE
OPERATION OF PARI-MUTUEL BETTING AND, IN ITS DISCRETION, THE COMMISSION
MAY ESTABLISH, BY REGULATION, UNIFORM PROTOCOLS TO BE EMPLOYED FOR THE
MERGING OF WAGERS DEPOSITED WITH ONE PARI-MUTUEL OPERATOR WITH THE
WAGERS DEPOSITED WITH ANOTHER PARI-MUTUEL OPERATOR.
S 113. FILING OF PARI-MUTUEL TAX RETURNS OR REPORTS BY ELECTRONIC
MEANS. EVERY CORPORATION OR ASSOCIATION AUTHORIZED BY THIS CHAPTER TO
CONDUCT PARI-MUTUEL BETTING ON HORSE RACES SHALL FILE IN A TIMELY MANNER
PARI-MUTUEL TAX RETURNS OR OTHER REPORTS RELATING TO SUCH ACTIVITY IN
SUCH FORM AND BY SUCH MEANS, INCLUDING ELECTRONIC MEANS, AS MAY BE
PRESCRIBED BY THE COMMISSION OR THE COMMISSIONER OF TAXATION AND
FINANCE, AS THE CASE MAY BE IN ACCORDANCE WITH THE PROVISIONS OF THIS
CHAPTER.
S. 6260--A 13 A. 9060--A
S 114. PRACTICE AND PROCEDURE. THE PROVISIONS OF ARTICLE TWENTY-SEVEN
OF THE TAX LAW, EXCEPT SECTIONS ONE THOUSAND EIGHTY-FIVE AND ONE THOU-
SAND NINETY-SEVEN, SHALL APPLY TO THE PROVISIONS OF THIS CHAPTER IN THE
SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE LANGUAGE OF
SUCH ARTICLE HAD BEEN INCORPORATED IN FULL INTO THIS CHAPTER AND HAD
EXPRESSLY REFERRED TO THE ADMISSION TAXES, PARI-MUTUEL REVENUE TAXES,
THE FRANCHISE FEE ON A FRANCHISED CORPORATION AND UNPAID MONEY DUE ON
ACCOUNT OF PARI-MUTUEL TICKETS NOT PRESENTED, ADMINISTERED BY THE
COMMISSIONER OF TAXATION AND FINANCE, UNDER THIS CHAPTER, WITH SUCH
MODIFICATIONS AS MAY BE NECESSARY IN ORDER TO ADAPT THE LANGUAGE OF SUCH
PROVISIONS TO SUCH TAXES, FEE AND UNPAID MONEY DUE, EXCEPT TO THE EXTENT
THAT ANY PROVISION OF SUCH ARTICLE IS EITHER INCONSISTENT WITH A
PROVISION OF THIS CHAPTER OR IS NOT RELEVANT TO THIS CHAPTER.
S 115. REGULATORY FEES. 1. PAYMENT OF THE REGULATORY FEES IMPOSED BY
THIS CHAPTER SHALL BE MADE TO THE COMMISSION BY EACH ENTITY REQUIRED TO
MAKE SUCH PAYMENTS ON THE LAST BUSINESS DAY OF EACH MONTH AND SHALL
COVER THE FEES DUE FOR THE PERIOD FROM THE SIXTEENTH DAY OF THE PRECED-
ING MONTH THROUGH THE FIFTEENTH DAY OF THE CURRENT MONTH, PROVIDED
HOWEVER THAT ALL SUCH PAYMENTS REQUIRED TO BE MADE ON MARCH THIRTY-FIRST
SHALL INCLUDE ALL FEES DUE AND ACCRUING THROUGH THE LAST FULL WEEK OF
RACING OF THE CURRENT YEAR OR AS OTHERWISE DETERMINED BY THE COMMISSION
AND SHALL BE ACCOMPANIED BY A REPORT UNDER OATH, SHOWING SUCH INFORMA-
TION AS THE COMMISSION MAY REQUIRE. A PENALTY OF FIVE PERCENT, AND
INTEREST AT THE RATE OF ONE PERCENT PER MONTH FROM THE DATE THE REPORT
IS REQUIRED TO BE FILED TO THE DATE OF THE PAYMENT OF THE FEE SHALL BE
PAYABLE IN CASE ANY FEE IMPOSED BY THIS CHAPTER IS NOT PAID WHEN DUE. IF
THE COMMISSION DETERMINES THAT ANY REGULATORY FEES RECEIVED BY IT UNDER
THIS CHAPTER WERE PAID IN ERROR, THE COMMISSION MAY CAUSE THE SAME TO BE
REFUNDED WITHOUT INTEREST OUT OF ANY MONIES COLLECTED THEREUNDER,
PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE COMMISSION WITHIN ONE
YEAR FROM THE TIME THE ERRONEOUS PAYMENT IS MADE.
2. THE COMMISSION OR ITS DULY AUTHORIZED REPRESENTATIVES SHALL HAVE
THE POWER TO EXAMINE OR CAUSE TO BE EXAMINED THE BOOKS AND RECORDS OF
EACH ENTITY REQUIRED TO PAY THE REGULATORY FEE IMPOSED BY THIS CHAPTER
FOR THE PURPOSE OF EXAMINING AND CHECKING THE SAME AND ASCERTAINING
WHETHER OR NOT THE PROPER AMOUNT OR AMOUNTS DUE ARE BEING PAID. IF IN
THE OPINION OF THE COMMISSION, AFTER SUCH EXAMINATION, ANY SUCH REPORT
IS INCORRECT, THE COMMISSION IS AUTHORIZED TO ISSUE AN ASSESSMENT FIXING
THE CORRECT AMOUNT OF SUCH FEE. SUCH ASSESSMENTS MAY BE ISSUED WITHIN
THREE YEARS FROM THE FILING OF ANY REPORT. ANY SUCH ASSESSMENT SHALL BE
FINAL AND CONCLUSIVE UNLESS AN APPLICATION FOR A HEARING IS FILED BY THE
REPORTING ENTITY WITHIN THIRTY DAYS OF THE ASSESSMENT. THE ACTION OF THE
COMMISSION IN MAKING SUCH FINAL ASSESSMENT SHALL BE REVIEWABLE IN THE
SUPREME COURT IN THE MANNER PROVIDED BY AND SUBJECT TO THE PROVISIONS OF
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
3. THE COMMISSION SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET AN ANNUAL
PLAN THAT DETAILS THE AMOUNT OF MONEY THE COMMISSION DEEMS NECESSARY TO
MAINTAIN THE OPERATIONS, COMPLIANCE AND ENFORCEMENT OF THE PROVISIONS OF
THIS CHAPTER. CONTINGENT UPON APPROVAL OF THE DIRECTOR OF THE BUDGET,
THE COMMISSION SHALL PAY INTO AN ACCOUNT, TO BE KNOWN AS THE RACING
REGULATION ACCOUNT, UNDER THE JOINT CUSTODY OF THE COMPTROLLER AND THE
COMMISSION, THE TOTAL AMOUNT OF THE REGULATORY FEES COLLECTED PURSUANT
TO THIS CHAPTER. WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, MONIES
TO BE UTILIZED TO MAINTAIN THE OPERATIONS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS CHAPTER SHALL BE PAID OUT OF SUCH ACCOUNT ON THE
S. 6260--A 14 A. 9060--A
AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED AND APPROVED
BY THE DIRECTOR OF THE BUDGET OR HIS DULY DESIGNATED OFFICIAL.
S 115-A. FEE FOR THE START OF A HORSE IN NEW YORK STATE PARI-MUTUEL
RACES. 1. IN ORDER TO PROVIDE SUPPLEMENTAL FUNDING TO SUPPORT THE OPER-
ATIONS OF THE COMMISSION, A FEE IN THE AMOUNT OF TEN DOLLARS SHALL BE
ASSESSED AND PAID UPON EVERY HORSE ENTERED IN A PARI-MUTUEL RACE IN NEW
YORK STATE THAT ACTUALLY STARTS IN THE RACE. SUCH FEE SHALL BE REFUNDED
TO THE OWNER OR CREDITED TO THE OWNER'S ACCOUNT IN THE EVENT THE HORSE
DOES NOT ACTUALLY START IN THE RACE. THE COMMISSION SHALL, AS A CONDI-
TION OF RACING, REQUIRE ANY CORPORATION AUTHORIZED UNDER THIS CHAPTER TO
CONDUCT PARI-MUTUEL BETTING AT A RACE MEETING OR RACES RUN THEREAT, TO
REQUIRE THAT EACH OWNER RACING A HORSE SHALL HAVE PLACED ON DEPOSIT AT
THE TIME OF ENTRY WITH THE HORSEMEN'S BOOKKEEPER OR SIMILAR OFFICE OF
SUCH CORPORATION THE REQUIRED FEE IN THE AMOUNT OF TEN DOLLARS PER HORSE
ENTERED IN A PARI-MUTUEL RACE. UNLESS REFUNDED OR CREDITED, THE TOTAL
FEE AMOUNT COLLECTED DURING THE PRECEDING MONTH BY THE HORSEMEN'S BOOK-
KEEPER OR SIMILAR OFFICE OF SUCH CORPORATION SHALL BE PAID TO THE
COMMISSION ON THE FIRST BUSINESS DAY OF EACH MONTH. PAYMENT SHALL BE
ACCOMPANIED BY A REPORT, UNDER OATH, SHOWING SUCH INFORMATION AS THE
COMMISSION MAY REQUIRE. A PENALTY OF FIVE PERCENT, AND INTEREST AT THE
RATE OF ONE PERCENT PER MONTH FROM THE DATE THE REPORT IS REQUIRED TO BE
FILED TO THE DATE OF THE PAYMENT OF THE FEE, SHALL BE PAYABLE IN CASE
ANY FEE IMPOSED BY THIS SUBDIVISION IS NOT PAID WHEN DUE. IF THE COMMIS-
SION DETERMINES THAT ANY FEES RECEIVED BY IT UNDER THIS SUBDIVISION WERE
PAID IN ERROR, THE COMMISSION MAY CAUSE THE SAME TO BE REFUNDED WITHOUT
INTEREST OUT OF ANY MONIES COLLECTED HEREUNDER, PROVIDED AN APPLICATION
THEREFOR IS FILED WITH THE COMMISSION WITHIN ONE YEAR FROM THE TIME THE
ERRONEOUS PAYMENT IS MADE.
2. THE COMMISSION OR ITS DULY AUTHORIZED REPRESENTATIVES SHALL HAVE
THE POWER TO EXAMINE OR CAUSE TO BE EXAMINED THE BOOKS AND RECORDS OF
SUCH CORPORATIONS REQUIRED TO PAY OVER THE FEE IMPOSED BY THIS SECTION
FOR THE PURPOSE OF EXAMINING AND CHECKING THE SAME AND ASCERTAINING
WHETHER THE PROPER AMOUNT OR AMOUNTS DUE ARE BEING PAID. IF IN THE OPIN-
ION OF THE COMMISSION, AFTER SUCH EXAMINATION, ANY SUCH REPORT IS INCOR-
RECT, THE COMMISSION IS AUTHORIZED TO ISSUE AN ASSESSMENT FIXING THE
CORRECT AMOUNT OF SUCH FEE. SUCH ASSESSMENTS MAY BE ISSUED WITHIN THREE
YEARS FROM THE FILING OF ANY REPORT. ANY SUCH ASSESSMENT SHALL BE FINAL
AND CONCLUSIVE UNLESS AN APPLICATION FOR A HEARING IS FILED BY THE
REPORTING ENTITY WITHIN THIRTY DAYS OF THE ASSESSMENT. THE ACTION OF THE
COMMISSION IN MAKING SUCH FINAL ASSESSMENT SHALL BE REVIEWABLE IN THE
SUPREME COURT IN THE MANNER PROVIDED BY AND SUBJECT TO THE PROVISIONS OF
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
3. THE COMMISSION SHALL PAY INTO THE RACING REGULATION ACCOUNT, UNDER
THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSION, THE TOTAL
AMOUNT OF THE FEES COLLECTED PURSUANT TO THIS SECTION. WITH THE APPROVAL
OF THE DIRECTOR OF THE BUDGET, MONIES TO BE UTILIZED TO PAY THE COSTS
AND EXPENSES OF THE OPERATIONS OF THE COMMISSION SHALL BE PAID OUT OF
SUCH ACCOUNT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS,
CERTIFIED AND APPROVED BY THE DIRECTOR OF THE BUDGET OR HIS OR HER DULY
DESIGNATED OFFICIAL.
S 116. PENALTIES. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,
ANY PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF THIS CHAPTER, OR ANY
RULE, REGULATION OR ORDER PROMULGATED THERETO, OR THE TERMS AND CONDI-
TIONS OF ANY LICENSE, PERMIT OR APPROVAL ISSUED THEREUNDER, SHALL BE
LIABLE TO A CIVIL PENALTY OF NOT MORE THAN FIFTY THOUSAND DOLLARS FOR
EACH VIOLATION, AND AN ADDITIONAL CIVIL PENALTY OF NOT MORE THAN FIFTY
S. 6260--A 15 A. 9060--A
THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. ANY
CIVIL PENALTY MAY BE ASSESSED BY THE COMMISSION FOLLOWING A HEARING OR
OPPORTUNITY TO BE HEARD.
S 117. TRANSFER OF FUNCTIONS. ALL OF THE FUNCTIONS AND POWERS
POSSESSED BY AND THE OBLIGATIONS AND DUTIES OF THE FORMER RACING AND
WAGERING BOARD AND ITS PREDECESSORS AND THE DIVISION OF THE LOTTERY AND
ITS PREDECESSORS ARE HEREBY TRANSFERRED TO THE COMMISSION.
S 118. TRANSFER OF EMPLOYEES. 1. UPON THE TRANSFER OF FUNCTIONS,
POWERS, DUTIES AND OBLIGATIONS TO THE COMMISSION PURSUANT TO THIS ARTI-
CLE, PROVISION SHOULD BE MADE FOR THE TRANSFER TO THE COMMISSION OF SUCH
EMPLOYEES OF THE FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND
WAGERING BOARD WHO ARE ENGAGED IN CARRYING OUT SUCH FUNCTIONS AS THE
CHAIR OF THE COMMISSION MAY DEEM NECESSARY FOR THE EXERCISE OF THE FUNC-
TIONS HEREIN TRANSFERRED TO THE COMMISSION. EMPLOYEES SO TRANSFERRED
SHALL BE TRANSFERRED WITHOUT FURTHER EXAMINATION OR QUALIFICATION AND
SHALL RETAIN THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATIONS AND STATUS.
FOR THE PURPOSE OF DETERMINING THE EMPLOYEES HOLDING PERMANENT APPOINT-
MENTS IN COMPETITIVE CLASS POSITIONS TO BE TRANSFERRED, SUCH EMPLOYEES
SHALL BE SELECTED WITHIN EACH CLASS OF POSITIONS IN THE ORDER OF THEIR
ORIGINAL APPOINTMENT, WITH DUE REGARD TO THE RIGHT OF PREFERENCE IN
RETENTION OF DISABLED AND NON-DISABLED VETERANS. ANY SUCH EMPLOYEE WHO,
AT THE TIME OF SUCH TRANSFER, HAS A TEMPORARY OR PROVISIONAL APPOINTMENT
SHALL BE TRANSFERRED SUBJECT TO THE SAME RIGHT OF REMOVAL, EXAMINATION
OR TERMINATION AS THOUGH SUCH TRANSFER HAD NOT BEEN MADE. EMPLOYEES
HOLDING PERMANENT APPOINTMENTS IN COMPETITIVE CLASS POSITIONS WHO ARE
NOT TRANSFERRED PURSUANT TO THIS SECTION SHALL HAVE THEIR NAMES ENTERED
UPON AN APPROPRIATE PREFERRED LIST FOR REINSTATEMENT PURSUANT TO THE
CIVIL SERVICE LAW.
2. A TRANSFERRED EMPLOYEE SHALL REMAIN IN THE SAME COLLECTIVE BARGAIN-
ING UNIT AS WAS THE CASE PRIOR TO HIS OR HER TRANSFER; SUCCESSOR EMPLOY-
EES TO THE POSITIONS HELD BY SUCH TRANSFERRED EMPLOYEES SHALL, CONSIST-
ENT WITH THE PROVISIONS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, BE
INCLUDED IN THE SAME UNIT AS THEIR PREDECESSORS. EMPLOYEES OTHER THAN
MANAGEMENT OR CONFIDENTIAL PERSONS AS DEFINED IN ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW SERVING POSITIONS IN NEWLY CREATED TITLES SHALL BE
ASSIGNED TO THE APPROPRIATE BARGAINING UNIT. NOTHING CONTAINED HEREIN
SHALL BE CONSTRUED TO AFFECT:
(A) THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREE-
MENT;
(B) THE REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE ORGANIZATIONS OR
THE BARGAINING RELATIONSHIPS BETWEEN THE STATE AND AN EMPLOYEE ORGANIZA-
TION; OR
(C) EXISTING LAW WITH RESPECT TO AN APPLICATION TO THE PUBLIC EMPLOY-
MENT RELATIONS BOARD, PROVIDED, HOWEVER, THAT THE MERGER OF SUCH NEGOTI-
ATING UNITS OF EMPLOYEES SHALL BE EFFECTED ONLY WITH THE CONSENT OF THE
RECOGNIZED AND CERTIFIED REPRESENTATIVE OF SUCH UNITS AND OF THE DEPART-
MENT OF LAW.
S 119. TRANSFER OF RECORDS. ALL BOOKS, PAPERS, RECORDS AND PROPERTY OF
THE FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING BOARD
AND ITS PREDECESSORS WITH RESPECT TO THE FUNCTIONS, POWERS, DUTIES AND
OBLIGATIONS TRANSFERRED BY THIS ARTICLE ARE TO BE DELIVERED TO THE
APPROPRIATE SUCCESSOR OFFICES WITHIN THE COMMISSION, AT SUCH PLACE AND
TIME, AND IN SUCH MANNER AS THE CHAIR OF THE COMMISSION MAY REQUIRE.
S 120. CONTINUITY OF AUTHORITY. FOR THE PURPOSE OF SUCCESSION TO ALL
FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS OF THE FORMER DIVISION OF THE
LOTTERY AND FORMER RACING AND WAGERING BOARD TRANSFERRED TO AND ASSUMED
S. 6260--A 16 A. 9060--A
BY THE COMMISSION, SUCH COMMISSION SHALL BE DEEMED TO AND HELD TO
CONSTITUTE THE CONTINUATION OF SUCH FUNCTIONS, POWERS, DUTIES AND OBLI-
GATIONS, AND NOT A DIFFERENT AGENCY OR AUTHORITY.
S 121. COMPLETION OF UNFINISHED BUSINESS. ANY BUSINESS OR OTHER MATTER
UNDERTAKEN OR COMMENCED BY THE FORMER DIVISION OF THE LOTTERY AND THE
FORMER RACING AND WAGERING BOARD PERTAINING TO OR CONNECTED WITH THE
FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS TRANSFERRED AND ASSIGNED TO
THE STATE GAMING COMMISSION AND PENDING ON THE EFFECTIVE DATE OF THIS
ARTICLE SHALL BE CONDUCTED AND COMPLETED BY THE APPROPRIATE SUCCESSOR
OFFICES WITHIN THE COMMISSION IN THE SAME MANNER AND UNDER THE SAME
TERMS AND CONDITIONS AND WITH THE SAME EFFECT AS IF CONDUCTED AND
COMPLETED BY THE FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND
WAGERING BOARD.
S 122. CONTINUATION OF RULES AND REGULATIONS. ALL RULES, REGULATIONS,
ACTS, ORDERS, DETERMINATIONS, AND DECISIONS OF THE FORMER DIVISION OF
THE LOTTERY AND FORMER RACING AND WAGERING BOARD IN FORCE AT THE TIME OF
SUCH TRANSFER AND ASSUMPTION, SHALL CONTINUE IN FORCE AND EFFECT AS
RULES, REGULATIONS, ACTS, ORDERS, DETERMINATIONS AND DECISIONS OF THE
COMMISSION UNTIL DULY MODIFIED OR ABROGATED BY SUCH COMMISSION.
S 123. TERMS OCCURRING IN LAWS, CONTRACTS AND OTHER DOCUMENTS. UNLESS
THE CONTEXT SHALL OTHERWISE REQUIRE, WHENEVER THE "RACING AND WAGERING
BOARD" OR "BOARD", "STATE RACING COMMISSION", "STATE HARNESS RACING
COMMISSION", "STATE QUARTER HORSE RACING COMMISSION", OR "DIVISION OF
THE LOTTERY" ARE REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCU-
MENT PERTAINING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES TRANS-
FERRED AND ASSIGNED TO THE COMMISSION, SUCH REFERENCE OR DESIGNATION
SHALL BE DEEMED TO REFER TO THE "STATE GAMING COMMISSION".
S 124. EXISTING RIGHTS AND REMEDIES PRESERVED. NO EXISTING RIGHT OR
REMEDY OF ANY CHARACTER SHALL BE LOST, IMPAIRED OR AFFECTED BY REASON OF
THE TRANSFER OR ASSIGNMENT OF FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES
FROM THE FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING
BOARD TO THE COMMISSION.
S 125. PENDING ACTIONS OR PROCEEDINGS. NO ACTION OR PROCEEDING PENDING
AT THE TIME THAT THIS ARTICLE SHALL TAKE EFFECT RELATING TO THE FUNC-
TIONS, POWERS AND DUTIES OF THE FORMER DIVISION OF THE LOTTERY AND
FORMER RACING AND WAGERING BOARD TRANSFERRED PURSUANT TO THIS ARTICLE,
BROUGHT BY OR AGAINST THE FORMER DIVISION OF THE LOTTERY OR FORMER
RACING AND WAGERING BOARD, OR THE OFFICERS THEREOF, SHALL BE AFFECTED BY
THE TRANSFER OR ASSIGNMENT OF FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES
FROM THE FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING
BOARD TO THE COMMISSION, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN
THE NAME OF THE COMMISSION. IN ALL SUCH ACTIONS AND PROCEEDINGS, THE
COMMISSION, UPON APPLICATION TO THE COURT, SHALL BE SUBSTITUTED AS A
PARTY.
S 126. TRANSFER OF APPROPRIATIONS HERETOFORE MADE. SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET, ANY AND ALL APPROPRIATIONS AND
REAPPROPRIATIONS HERETOFORE MADE TO THE FORMER DIVISION OF THE LOTTERY,
STATE POLICE, AND FORMER RACING AND WAGERING BOARD FOR THE FUNCTIONS AND
PURPOSES TRANSFERRED BY THIS ARTICLE TO THE COMMISSION TO THE EXTENT OF
REMAINING UNEXPENDED OR UNENCUMBERED BALANCES THEREOF, WHETHER ALLOCATED
OR UNALLOCATED AND WHETHER OBLIGATED OR UNOBLIGATED, ARE HEREBY TRANS-
FERRED TO AND MADE AVAILABLE FOR USE AND EXPENDITURE BY THE COMMISSION
FOR THE SAME PURPOSES FOR WHICH ORIGINALLY APPROPRIATED OR REAPPROPRI-
ATED AND SHALL BE PAYABLE ON VOUCHERS CERTIFIED OR APPROVED BY THE CHAIR
OF THE COMMISSION OR HIS OR HER DESIGNEE ON AUDIT AND WARRANT OF THE
COMPTROLLER. PAYMENTS FOR LIABILITIES FOR EXPENSES OF PERSONAL SERVICES,
S. 6260--A 17 A. 9060--A
MAINTENANCE AND OPERATION HERETOFORE INCURRED BY AND FOR LIABILITIES
INCURRED AND TO BE INCURRED IN COMPLETING THE AFFAIRS OF THE FORMER
DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING BOARD WITH
RESPECT TO THE POWERS, DUTIES AND FUNCTIONS TRANSFERRED HEREIN, SHALL
ALSO BE MADE ON VOUCHERS OR CERTIFICATES APPROVED BY THE CHAIR OF THE
COMMISSION OR HIS OR HER DESIGNEE ON AUDIT AND WARRANT OF THE COMP-
TROLLER.
S 127. TRANSFER OF ASSETS AND LIABILITIES. ALL ASSETS AND LIABILITIES
OF THE FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING
BOARD ARE HEREBY TRANSFERRED TO AND ASSUMED BY THE COMMISSION.
S 128. PROMULGATION OF RULES AND REGULATIONS. NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF THE STATE ADMINISTRATIVE PROCEDURE ACT, THE
COMMISSION SHALL BE AUTHORIZED TO PROMULGATE REGULATIONS ON AN EMERGENCY
BASIS TO ENSURE THE IMPLEMENTATION OF THIS ARTICLE.
S 129. CONSTRUCTION OF OTHER LAWS OR PROVISIONS. UNLESS THE CONTEXT
SHALL REQUIRE OTHERWISE, THE TERMS "DIVISION OF THE LOTTERY", "STATE
QUARTER HORSE RACING COMMISSION", "STATE RACING COMMISSION", "STATE
HARNESS RACING COMMISSION", "STATE RACING AND WAGERING BOARD" OR "BOARD"
WHEREVER OCCURRING IN ANY OF THE PROVISIONS OF THIS CHAPTER OR OF ANY
OTHER LAW, OR, IN ANY OFFICIAL BOOKS, RECORDS, INSTRUMENTS, RULES OR
PAPERS, SHALL HEREAFTER MEAN AND REFER TO THE STATE GAMING COMMISSION
CREATED BY SECTION ONE HUNDRED TWO OF THIS ARTICLE. THE PROVISIONS OF
ARTICLE THREE OF THIS CHAPTER SHALL BE INAPPLICABLE TO ARTICLE TWO OF
THIS CHAPTER; AND THE PROVISIONS OF SUCH ARTICLE TWO SHALL BE INAPPLICA-
BLE TO SUCH ARTICLE THREE, EXCEPT THAT SECTION TWO HUNDRED THIRTY-ONE OF
SUCH ARTICLE TWO SHALL APPLY TO SUCH ARTICLE THREE.
S 2. Subdivision 2 of section 186 of the general municipal law, as
amended by chapter 574 of the laws of 1978, is amended to read as
follows:
2. "Board" shall mean New York state [racing and wagering board]
GAMING COMMISSION CREATED PURSUANT TO SECTION ONE HUNDRED TWO OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
S 3. Subdivision 2 of section 476 of the general municipal law, as
amended by chapter 46 of the laws of 1977, is amended to read as
follows:
2. "Control commission" or "commission" shall mean the NEW YORK state
[racing and wagering board] GAMING COMMISSION CREATED PURSUANT TO
SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW.
S 4. Subdivision 1 of section 432 of the executive law, as amended by
chapter 46 of the laws of 1977, is amended to read as follows:
1. "Control commission" or "commission" shall mean the NEW YORK state
[racing and wagering board] GAMING COMMISSION CREATED PURSUANT TO
SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW.
S 5. The racing, pari-mutuel wagering and breeding law is amended by
adding a new article 12 to read as follows:
ARTICLE 12
OFFICE OF RACING PROMOTION AND DEVELOPMENT
SECTION 1201. NEW YORK STATE OFFICE OF RACING PROMOTION AND DEVELOPMENT.
1202. USE OF SERVICE EMPLOYEES.
S 1201. NEW YORK STATE OFFICE OF RACING PROMOTION AND DEVELOPMENT.
THERE IS HEREBY CREATED WITHIN THE NEW YORK STATE GAMING COMMISSION A
SEPARATE AND INDEPENDENT OFFICE OF RACING PROMOTION AND DEVELOPMENT. THE
OFFICE SHALL PROMOTE THE BREEDING OF HORSES AND THE CONDUCT OF EQUINE
RESEARCH IN THIS STATE AND SHALL ADMINISTER THE "STATE THOROUGHBRED
S. 6260--A 18 A. 9060--A
BREEDING AND DEVELOPMENT FUND", "AGRICULTURE AND NEW YORK STATE HORSE
BREEDING DEVELOPMENT FUND" AND "NEW YORK STATE QUARTER HORSE BREEDING
AND DEVELOPMENT FUND CORPORATION."
S 1202. USE OF SERVICE EMPLOYEES. THE OFFICE SHALL UTILIZE, PURSUANT
TO A CONTRACT APPROVED BY THE DIRECTOR OF THE BUDGET, THE SERVICE
EMPLOYEES OF THE STATE GAMING COMMISSION.
S 6. Sections 1602 and 1603 of the tax law are REPEALED and two new
sections 1602 and 1603 are added to read as follows:
S 1602. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "LOTTERY" MEANS THE LOTTERY OPERATED BY THE STATE PURSUANT TO THIS
ARTICLE.
2. "DIVISION": (A) MEANS THE DIVISION OF THE LOTTERY, AS ESTABLISHED
WITHIN THE NEW YORK STATE GAMING COMMISSION; AND (B) FOR THE PURPOSES OF
SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THIS ARTICLE, THE TERM "DIVISION
OF THE LOTTERY" OR "DIVISION" MEANS THE "DIVISION OF GAMING" AS CREATED
PURSUANT TO SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING
AND BREEDING LAW.
3. "COMMISSIONER" MEANS THE COMMISSIONER OF TAXATION AND FINANCE OR
HIS OR HER DULY APPOINTED DELEGATE.
4. "COMMISSION" MEANS THE NEW YORK STATE GAMING COMMISSION.
5. "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF THE LOTTERY,
EXCEPT FOR PURPOSES OF PARAGRAPH FOUR OF SUBSECTION C OF SECTION ONE
THOUSAND SIX HUNDRED THIRTEEN AND SECTIONS ONE THOUSAND SIX HUNDRED
FOURTEEN AND ONE THOUSAND SIX HUNDRED FIFTEEN OF THIS CHAPTER THE TERM
"DIRECTOR" SHALL MEAN THE "COMMISSION".
S 1603. DIVISION OF THE LOTTERY. THERE IS HEREBY CREATED WITHIN THE
COMMISSION THE DIVISION OF THE LOTTERY.
S 7. Subdivision 3 of section 252 of the racing, pari-mutuel wagering
and breeding law, such section as renumbered by chapter 18 of the laws
of 2008, is amended to read as follows:
3. The board may delegate to one or more of the directors[,] OR offi-
cers[, agents or employees] of the fund such powers and duties as it may
deem proper and [may] SHALL utilize, pursuant to a contract approved by
the director of the budget, the service employees of the state racing
and wagering board AND THE STATE OFFICE OF RACING PROMOTION AND DEVELOP-
MENT.
S 8. Section 330 of the racing, pari-mutuel wagering and breeding law,
the opening paragraph as amended by chapter 197 of the laws of 2007, is
amended to read as follows:
S 330. Agriculture and New York state horse breeding development fund.
1. There is hereby created within the state [racing and wagering board]
GAMING COMMISSION the "agriculture and New York state horse breeding
development fund". Such fund shall be a body corporate and politic
constituting a public benefit corporation. It shall be administered by
the commissioner of agriculture and markets, the [chairman] CHAIR of the
New York state [racing and wagering board] GAMING COMMISSION or his or
her designee, and [the chairman and] THREE members of the state [harness
racing] GAMING commission as [reconstituted pursuant to article one of
this chapter] DESIGNATED BY THE GOVERNOR. Members shall continue to
hold office until their successors are appointed and qualified. The
[chairman] CHAIR shall be designated by the members of the fund. The
members of the fund shall receive no compensation from the fund for
their services as such members but shall be reimbursed by the fund for
the expenses actually and necessarily incurred by them in the perform-
ance of their duties under sections two hundred twenty-two through seven
hundred five of this chapter. Such fund shall have perpetual existence
S. 6260--A 19 A. 9060--A
and shall exercise all powers authorized by this chapter and reasonably
necessary for accomplishing its purposes. Such powers shall be exer-
cised in the name of the fund.
2. THE BOARD MAY DELEGATE TO ONE OR MORE OF THE MEMBERS OR OFFICERS OF
THE FUND SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER AND SHALL UTILIZE,
PURSUANT TO A CONTRACT APPROVED BY THE DIRECTOR OF THE BUDGET, THE
SERVICE EMPLOYEES OF THE STATE RACING AND WAGERING BOARD AND THE STATE
OFFICE OF RACING PROMOTION AND DEVELOPMENT.
3. The fund is created in order that it may promote the breeding of
horses and the conduct of equine research in this state on its own
responsibility and under its own business management. The policy, good
faith and interest of the state are concerned with the management and
development of the fund and are committed to promotion of horse breeding
and equine research in this state in active cooperation with the fund.
The promotion and encouragement of equine research shall be through a
fund of a land grant university within this state with a regents
approved veterinary college facility. Nothing herein, however, shall be
deemed in any way to obligate the state to any bondholder or other cred-
itor of the fund.
4. The fund is directed to report annually, on or before January thir-
ty-first, to the governor and the legislature, on the state of the stan-
dardbred breeding industry in this state. Such reports shall include,
but not be limited to, the impact of the fund's programs on the breeding
and racing aspects of the industry; economic factors affecting the
industry such as employment and employment growth, state and local bene-
fits of breeding farms, income and the production of income within this
state, economic comparisons with other states; and data relative to
mares and stallions standing in this state to include such information
as the number in this state, racing quality as measured by wins and
stakes won and placed and money won, the number of foals and foal racing
quality as measured by sales value and number of starts, races and money
won, the progeny quality, including earnings, and the success of New
York-breds nationally.
The fund is further directed to incorporate into its reports comments
from spokesmen representing all segments of the industry as well as
recommendations on preserving and enhancing the standardbred breeding
industry in this state.
S 9. Subdivision 3 of section 431 of the racing, pari-mutuel wagering
and breeding law is amended to read as follows:
3. The board may delegate to one or more of the directors[,] OR offi-
cers[, agents or employees] of the fund such powers and duties as it may
deem proper and [may] SHALL utilize, pursuant to a contract approved by
the director of the budget, the service employees of the state racing
and wagering board AND THE STATE OFFICE OF RACING PROMOTION AND DEVELOP-
MENT.
S 10. Subdivision 1 of section 169 of the executive law, as added by
chapter 986 of the laws of 1984, paragraph (a) as amended by section 94
of subpart B of part C of chapter 62 of the laws of 2011, paragraphs (b)
and (e) as amended by section 14 of part A of chapter 62 of the laws of
2011, paragraph (c) as separately amended by section 66 of part A and
section 2 of part W of chapter 56 of the laws of 2010, paragraph (d) as
amended by chapter 220 of the laws of 2005, and paragraph (f) as sepa-
rately amended by section 1 of part E and section 1 of part H of chapter
57 of the laws of 2011, is amended to read as follows:
1. Salaries of certain state officers holding the positions indicated
hereinbelow shall be as set forth in subdivision two of this section:
S. 6260--A 20 A. 9060--A
(a) commissioner of corrections and community supervision, commission-
er of education, commissioner of health, commissioner of mental health,
commissioner of developmental disabilities, commissioner of children and
family services, commissioner of temporary and disability assistance,
chancellor of the state university of New York, commissioner of trans-
portation, commissioner of environmental conservation, superintendent of
state police, commissioner of general services and commissioner of the
division of homeland security and emergency services;
(b) commissioner of labor, chairman of public service commission,
commissioner of taxation and finance, superintendent of financial
services, commissioner of criminal justice services, CHAIR OF THE STATE
GAMING COMMISSION and commissioner of parks, recreation and historic
preservation;
(c) commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services, adjutant general, commissioner and
president of state civil service commission, commissioner of economic
development, chair of the energy research and development authority,
president of higher education services corporation, commissioner of
motor vehicles, member-chair of board of parole, chair of public employ-
ment relations board, secretary of state, [chair of the state racing and
wagering board,] commissioner of alcoholism and substance abuse
services, executive director of the housing finance agency, commissioner
of housing and community renewal, executive director of state insurance
fund, commissioner-chair of state liquor authority, chair of the work-
ers' compensation board;
(d) director of office for the aging, commissioner of human rights,
commissioners of the department of public service, chairman of state
commission on quality of care for the mentally disabled, chairman of
commission on alcoholism and substance abuse prevention and education,
executive director of the council on the arts, MEMBERS OF THE STATE
GAMING COMMISSION and executive director of the board of social welfare;
(e) chairman of state athletic commission, director of the office of
victim services, chairman of human rights appeal board, chairman of the
industrial board of appeals, chairman of the state commission of
correction, members of the board of parole[, members of the state racing
and wagering board], member-chairman of unemployment insurance appeal
board, director of veterans' affairs, and vice-chairman of the workers'
compensation board;
(f) executive director of adirondack park agency, members of state
commission of correction, members of unemployment insurance appeal
board, and members of the workers' compensation board.
S 11. Terms. (a) Wherever the term "racing and wagering board", "state
racing commission" or "state harness racing commission" appears in the
executive law, the general municipal law, article 34 of the tax law or
the racing, pari-mutuel wagering and breeding law or otherwise in the
consolidated or unconsolidated laws of this state, such term is hereby
changed to "state gaming commission".
(b) Wherever the term "chairman of the racing and wagering board"
appears in the consolidated or unconsolidated laws of this state, such
term is hereby changed to "chair of the state gaming commission".
(c) The legislative bill drafting commission is hereby directed to
effectuate this provision, and shall be guided by a memorandum of
instruction setting forth the specific provisions of law to be amended.
Such memorandum shall be transmitted to the legislative bill drafting
commission within sixty days of the effective date of this provision.
Such memorandum shall be issued jointly by the governor, the temporary
S. 6260--A 21 A. 9060--A
president of the senate and the speaker of the assembly, or by the dele-
gate of each.
S 12. Subdivision 1 of section 252 of the racing, pari-mutuel wagering
and breeding law, as amended by chapter 197 of the laws of 2007 and such
section as renumbered by chapter 18 of the laws of 2008, is amended to
read as follows:
1. A corporation to be known as the New York state thoroughbred breed-
ing and development fund corporation is hereby created. Such corporation
shall be a body corporate and politic constituting a public benefit
corporation. It shall be administered by a board of directors consisting
of the [chairman] CHAIR of the state [racing and wagering board] GAMING
COMMISSION or his or her designee, the commissioner of agriculture and
markets, [the] THREE members of the state [racing] GAMING commission as
[defined in section one hundred three of this chapter,] DESIGNATED BY
THE GOVERNOR and six members appointed by the governor, all of whom are
experienced or have been actively engaged in the breeding of thorough-
bred horses in New York state, one, the president or the executive
director of the statewide thoroughbred breeders association representing
the majority of breeders of registered thoroughbreds in New York state,
one upon the recommendation of the majority leader of the senate, one
upon the recommendation of the speaker of the assembly, one upon the
recommendation of the minority leader of the senate, and one upon the
recommendation of the minority leader of the assembly. Two of the
appointed members shall initially serve for a two year term, two of the
appointed members shall initially serve for a three year term and two of
the appointed members shall initially serve for a four year term. All
successors appointed members shall serve for a four year term. All
members shall continue in office until their successors have been
appointed and qualified. The governor shall designate the chair from
among the sitting members who shall serve as such at the pleasure of the
governor.
S 13. This act shall take effect May 1, 2012.
PART B
Section 1. The section heading and subdivision 1 of section 5 of the
civil service law, as added by chapter 790 of the laws of 1958, are
amended to read as follows:
Department of [civil service] WORKFORCE MANAGEMENT; state civil
service commission.
1. The department. There shall [continue to] be in the state govern-
ment a department of [civil service] WORKFORCE MANAGEMENT. The head of
the department shall be the president of the state civil service commis-
sion who shall be responsible for the discharge of the duties and func-
tions of the department.
S 2. Section 7 of the civil service law is amended by adding a new
subdivision 7 to read as follows:
7. THE PRESIDENT OF THE COMMISSION SHALL PROMOTE HARMONIOUS AND COOP-
ERATIVE RELATIONSHIPS BETWEEN THE STATE AND ITS EMPLOYEES TO PROTECT THE
PUBLIC BY ASSURING, AT ALL TIMES, THE ORDERLY AND UNINTERRUPTED OPER-
ATIONS AND FUNCTIONS OF STATE GOVERNMENT; ASSIST THE GOVERNOR IN
CONDUCTING COLLECTIVE NEGOTIATIONS; ASSURE THE PROPER IMPLEMENTATION AND
ADMINISTRATION OF AGREEMENTS REACHED PURSUANT TO SUCH NEGOTIATIONS; AND
ASSIST THE GOVERNOR AND DIRECT AND COORDINATE THE STATE'S EFFORTS WITH
REGARD TO THE STATE'S POWERS AND DUTIES UNDER THE PUBLIC EMPLOYEES' FAIR
EMPLOYMENT ACT.
S. 6260--A 22 A. 9060--A
S 3. Transfer of powers of the department of civil service and the
office of employee relations to the department of workforce management.
The functions and powers possessed by and all of the obligations and
duties of the department of civil service, as established pursuant to
chapter 7 of the consolidated laws, shall be transferred and assigned
to, and assumed by and devolved upon, the department of workforce
management. The functions and powers possessed by and all of the obli-
gations and duties of the office of employee relations, as established
pursuant to article 24 of the executive law shall be transferred and
assigned to, and assumed by and devolved upon, the department of work-
force management.
S 4. Transfer of employees. (i) All employees of the department of
civil service shall be transferred to the department of workforce
management. This transfer of employees shall be deemed to be a transfer
of function pursuant to subdivision 2 of section 70 of the civil service
law. Officers and employees of the state department of civil service
shall be transferred without further examination or qualification, and
shall retain their respective civil service classification, status and
bargaining unit representation.
(ii) All employees in the office of employee relations shall be trans-
ferred to the department of workforce management. This transfer of
employees shall be deemed to be a transfer of function pursuant to
subdivision 2 of section 70 of the civil service law. Officers and
employees of the office of employee relations shall be transferred with-
out further examination or qualification, and shall retain their respec-
tive civil service classification, status and bargaining unit represen-
tation.
S 5. Abolition of the department of civil service and the office of
employee relations. Upon the transfer pursuant to this act of the func-
tions and powers possessed by and all of the obligations and duties of
the department of civil service and the office of employee relations, as
established pursuant to the civil service law, the executive law, and
other laws, the department of civil service and the office of employee
relations shall be abolished.
S 6. Continuity of authority of the civil service department and
office of employee relations. 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 civil service depart-
ment and the office of employee relations as established pursuant to the
civil service law, the executive law and other laws, to the department
of workforce management as prescribed by this act, for the purpose of
succession all functions, powers, duties and obligations of the depart-
ment of workforce management shall be deemed and be held to constitute
the continuation of such functions, powers, duties and obligations and
not those of a different agency.
S 7. Transfer of records of the civil service department and the
office of employee relations. Upon the transfer pursuant to this act of
the functions and powers possessed by and all of the obligations and
duties of the civil service department and the office of employee
relations as established pursuant to the civil service law, the execu-
tive law and other laws, to the department of workforce management as
prescribed by this act, all books, papers, records and property pertain-
ing to the civil service department and the office of employee relations
shall be transferred to and maintained by the department of workforce
management, as appropriate.
S. 6260--A 23 A. 9060--A
S 8. Completion of unfinished business of the civil service department
and the office of employee relations. Upon the transfer pursuant to this
act of the functions and powers possessed by and all of the obligations
and duties of the civil service department and the office of employee
relations as established pursuant to the civil service law, the execu-
tive law and other laws, to the department of workforce management as
prescribed by this act, any business or other matter undertaken or
commenced by the civil service department and the office of employee
relations pertaining to or connected with the functions, powers, obli-
gations and duties so transferred and assigned to the department of
workforce management may be conducted or completed by the department of
workforce management, as appropriate.
S 9. Terms occurring in laws, contracts or other documents of or
pertaining to the civil service department and the office of employee
relations. Upon the transfer pursuant to this act of the functions and
powers possessed by and all of the obligations and duties of the civil
service department and the office of employee relations as established
pursuant to the civil service law, the executive law and other laws, as
prescribed by this act, whenever the civil service department and the
president thereof or the office of employee relations and the director
thereof, the functions, powers, obligations and duties of which are
transferred to the department of workforce management, are referred to
or designated in any law, regulation, contract or document pertaining to
the functions, powers, obligations and duties transferred and assigned
pursuant to this act, such reference or designation shall be deemed to
refer to the department of workforce management and its president. In
the case of any boards or other organizations where the president of the
civil service department and the director of the office of employee
relations both sit, the references or designations shall be deemed to
refer solely to the president of the department of workforce management.
S 10. (a) Wherever the terms "civil service department" or "department
of civil service" appear in the civil service law, such terms are hereby
changed to "department of workforce management".
(b) Wherever the term "office of employee relations" appears in the
civil service law, such term is hereby changed to "department of work-
force management".
(c) Wherever the terms "civil service department", "department of
civil service", "office of employee relations" or "director of employee
relations" appears in the consolidated or unconsolidated laws of this
state other than the civil service law, such terms are hereby changed to
"department of workforce management".
(d) The legislative bill drafting commission is hereby directed to
effectuate this provision, and shall be guided by a memorandum of
instruction setting forth the specific provisions of law to be amended.
Such memorandum shall be transmitted to the legislative bill drafting
commission within sixty days of enactment of this provision. Such memo-
randum shall be issued jointly by the governor, the temporary president
of the senate and the speaker of the assembly, or by the delegate of
each.
S 11. Existing rights and remedies of or pertaining to the civil
service department and the office of employee relations preserved. Upon
the transfer pursuant to this act of the functions and powers possessed
by and all of the obligations and duties of the civil service department
and of the office of employee relations as established pursuant to the
civil service law, the executive law and other laws, to the department
of workforce management as prescribed by this act, no existing right or
S. 6260--A 24 A. 9060--A
remedy of the state, including the civil service department and office
of employee relations, shall be lost, impaired or affected by reason of
this act.
S 12. Pending actions and proceedings of or pertaining to the civil
service department or the office of employee relations. Upon the trans-
fer pursuant to this act of the functions and powers possessed by and
all of the obligations and duties of the civil service department and
the office of employee relations as established pursuant to the civil
service law, the executive law and other laws, to the department of
workforce management as prescribed by this act, no action or proceeding
pending on the effective date of this act, brought by or against the
civil service department or the commissioners thereof or the office of
employee relations and the director 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 department of workforce management. In all
such actions and proceedings, the New York state department of workforce
management, upon application to the court, shall be substituted as a
party.
S 13. Continuation of rules and regulations of or pertaining to the
civil service department and the office of employee relations. Upon the
transfer pursuant to this act of the functions and powers possessed by
and all the obligations and duties of the civil service department and
the office of employee relations as established pursuant to the civil
service law, the executive law and other laws, to the department of
workforce management as prescribed by this act, all rules, regulations,
acts, orders, determinations, decisions, of the civil service department
and the office of employee relations pertaining to the functions trans-
ferred and assigned by this act to the department of workforce manage-
ment 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 department of workforce
management until duly modified or repealed.
S 14. Transfer of appropriations heretofore made to the civil service
department and the office of employee relations. Upon the transfer
pursuant to this act of the functions and powers possessed by and all of
the obligations and duties of the civil service department and the
office of employee relations as established pursuant to the civil
service law, the executive law and other laws, to the department of
workforce management as prescribed by this act, all appropriations and
reappropriations which shall have been made available as of the date of
such transfer to the civil service department or the office of employee
relations or segregated pursuant to law, to the extent of remaining
unexpended or unencumbered balances thereof, whether allocated or unal-
located and whether obligated or unobligated, shall be transferred to
and made available for use and expenditure by the department of work-
force management. Payments of liabilities for expenses of personnel
services, maintenance and operation which shall have been incurred as of
the date of such transfer by the civil service department or the office
of employee relations, and for liabilities incurred and to be incurred
in completing its affairs shall also be made.
S 15. Sections 650, 651, 652, 653 and 654 of the executive law are
REPEALED.
S 16. Severability. If any clause, sentence, paragraph 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,
S. 6260--A 25 A. 9060--A
sentence, paragraph or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
S 17. This act shall take effect July 1, 2012; provided, however, that
the memorandum provided for in section ten of this act may be prepared
before the effective date of this act, provided that it shall not be
implemented until such effective date.
PART C
Section 1. The legislature finds and determines that Belleayre Moun-
tain ski center, an intensive use area of the forest preserve lands in
the Catskills, has required financial support from the department of
environmental conservation in each of the past five years to cover oper-
ating losses and capital investment. Community leaders have raised a
concern that, in light of the department's broad responsibilities for
managing state-owned land and regulating air, water and solid waste
facilities, the department may not be the best long-term manager of the
Belleayre Mountain ski center. The olympic regional development author-
ity, established in 1981 to create and administer a post-olympic program
for the Lake Placid facilities and to manage the ski center at Whiteface
Mountain, expanded its responsibility in 1984 to include the operation
and management of the Gore Mountain ski center, an intensive use area of
the forest preserve lands in the Adirondacks. Through its operation of
these ski centers, the authority has proven that it has expertise to
manage such centers effectively and efficiently for the benefit of the
community and in accordance with appropriate management of forest
preserve lands. Given this focus, core mission and expertise, the legis-
lature finds that the Belleayre Mountain ski center can be more effec-
tively and efficiently operated, maintained and managed by the olympic
regional development authority.
S 2. Subdivision 1 of section 2608 of the public authorities law, as
amended by chapter 592 of the laws of 1984, is amended to read as
follows:
1. For the purposes of effectuating the policy declared in section
twenty-six hundred six of this title, there is hereby created the "New
York state olympic regional development authority", referred to in this
title as "the authority", which shall be a body corporate and politic
constituting a public benefit corporation. The authority shall consist
of [ten] ELEVEN members who shall be the commissioner of environmental
conservation, the commissioner of [commerce] ECONOMIC DEVELOPMENT, the
commissioner of parks, recreation and historic preservation and [seven]
EIGHT persons to be appointed by the governor, by and with the advice
and consent of the senate. Of the [seven] EIGHT persons appointed by the
governor, by and with the advice and consent of the senate, one each
shall be appointed upon the recommendation of the temporary president of
the senate and the speaker of the assembly. Three of the persons
appointed by the governor, by and with the advice and consent of the
senate, shall be appointed upon the recommendation of the town board of
the town of North Elba and shall be residents of the park district. One
of the persons appointed by the governor, by and with the advice and
consent of the senate, shall be a resident of Warren county. ONE OF THE
PERSONS APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF
THE SENATE, SHALL BE A RESIDENT OF ULSTER OR DELAWARE COUNTY. The gover-
nor shall appoint a [chairman] CHAIR and a vice [chairman] CHAIR from
among any of the members of the authority and such [chairman] CHAIR and
vice [chairman] CHAIR shall serve at the pleasure of the governor,
S. 6260--A 26 A. 9060--A
provided, however, that the vice [chairman] CHAIR shall be appointed on
the recommendation of the town board of North Elba. From among any
candidates recommended by the [chairman] CHAIR, the members shall
appoint a president/chief executive officer of the authority.
The members first appointed by the governor shall be appointed within
thirty days of the effective date of this title. The members first
appointed by the governor upon the recommendation of the temporary pres-
ident of the senate and the speaker of the assembly shall serve terms of
three years respectively from January first next succeeding their
appointment. The remaining four members first appointed by the governor
shall serve terms of one, two, four and five years respectively from
January first next succeeding their appointment. The fifth member
appointed by the governor shall serve a term of two years from January
first, next succeeding his or her appointment. Each appointment of a
member following the expiration of the original terms of the appointment
shall be for a term of five years. Members shall continue to hold office
until their successors have been appointed and qualified. In the event
of a vacancy occurring during the term of a member's appointment, by
reason of death, resignation, disqualification or otherwise, such vacan-
cy shall be filled for the unexpired term in the same manner as the
original appointment.
S 3. Subdivision 4 of section 2614 of the public authorities law is
renumbered subdivision 5 and a new subdivision 4 is added to read as
follows:
4. THE AUTHORITY SHALL OPERATE, MAINTAIN AND MANAGE THE BELLEAYRE
MOUNTAIN SKI CENTER LOCATED IN ULSTER AND DELAWARE COUNTIES, STATE OF
NEW YORK. ALL OF THE POWERS OF THE AUTHORITY PROVIDED BY THIS TITLE OR
ANY OTHER LAW, INCLUDING THOSE PERTAINING TO PARTICIPATING OLYMPIC
FACILITIES, SHALL APPLY IN CONNECTION WITH THE OPERATION AND MANAGEMENT
OF THE BELLEAYRE MOUNTAIN SKI CENTER.
S 4. Subdivision 2 of section 2616 of the public authorities law, as
amended by chapter 99 of the laws of 1984, is amended to read as
follows:
2. On or before August fifteenth, nineteen hundred eighty-one, and on
each August fifteenth thereafter the [chairman] CHAIR of the authority
shall make and deliver to the director of the budget for his approval
and for submission to the legislature a budget for the operation of the
authority for the forthcoming fiscal year of the state. The [chairman]
CHAIR of the authority shall deliver a copy of such budget to the
[chairman] CHAIR of the senate finance committee and the [chairman]
CHAIR of the assembly ways and means committee at the same time that the
budget is delivered to the director of the budget. The budget shall
delineate the total amount needed for authority purposes, including the
funds required by the authority for operation of the olympic facilities
[and], the Gore Mountain ski center AND THE BELLEAYRE MOUNTAIN SKI
CENTER pursuant to agreements made in accordance with sections twenty-
six hundred twelve and twenty-six hundred fourteen of this title, the
source of all funds that the authority expects to receive and such other
information as the director of the budget shall require. The director
of the budget shall approve the budget for the operation of the authori-
ty and the governor shall recommend in his OR HER annual budget appro-
priations to the authority if the director of the budget determines that
the budget demonstrates that the authority, without operating at a defi-
cit, can continue in the forthcoming fiscal year of the state, in the
exercise of its corporate purposes, powers, duties and functions with
the appropriations from the state and park district in the amounts
S. 6260--A 27 A. 9060--A
determined in accordance with sections twenty-six hundred twelve and
twenty-six hundred fourteen of this title and income received by the
authority from other sources. The director of the budget shall notify
the park district, the [chairman] CHAIR of the senate finance committee
and the [chairman] CHAIR of the assembly ways and means committee not
later than October first of each year whether or not he has approved the
budget.
S 5. Section 2619 of the public authorities law, as amended by chapter
99 of the laws of 1984, is amended to read as follows:
S 2619. Capital repair and improvement account. At the end of any
authority fiscal year the members of the authority shall deposit not
less than twenty-five percent of the profits, if any, of the preceding
year's operations into a sinking fund for capital improvements. At the
discretion of the members, the authority may undertake capital improve-
ments and major repairs to the participating olympic facilities [and],
to the Gore Mountain ski center AND TO THE BELLEAYRE MOUNTAIN SKI
CENTER; provided, however, that no such repairs may be undertaken with-
out specific written approval by the entity which contracted with the
authority for the operation of said facility. Any such repairs or
improvements to real property shall upon completion become the property
of and be vested in the owners of said real property. In the event of
termination of the authority, the state and the park district each shall
receive fifty percent of all moneys in the sinking fund. If an agreement
between the authority and the park district or the state shall be termi-
nated, the park district or the state, as the case may be, shall receive
that portion of the moneys in the sinking fund it would have received if
the authority were terminated as of the date of the termination of the
agreement.
S 6. Subdivision 4 of section 2622 of the public authorities law, as
added by chapter 169 of the laws of 1994, is amended to read as follows:
4. Notwithstanding subdivision three of this section, exclusive juris-
diction is hereby conferred upon the court of claims to hear and deter-
mine any claim of any person brought hereafter against the authority to
recover damages for injuries to property or for personal injury arising
out of the operation by the authority of any participating olympic
facility owned by the state [or], OUT of the Gore mountain ski center OR
OUT OF THE BELLEAYRE MOUNTAIN SKI CENTER, in the same manner and to the
extent provided and subject to the provisions of the court of claims act
with respect to claims against the state, and to make awards and render
judgments therefor. The payment of awards and judgments for any such
claims brought in the supreme court pursuant to this title or in the
court of claims shall be made from appropriations for judgments against
the state pursuant to section twenty of the court of claims act.
S 7. Section 2629 of the public authorities law, as amended by chapter
99 of the laws of 1984, is amended to read as follows:
S 2629. Transfer of officers and employees. 1. Upon execution of the
agreements for operation of the olympic facilities and the Gore Mountain
ski center made pursuant to sections two thousand six hundred twelve and
two thousand six hundred fourteen of this title, those employees of the
state and the park district who are determined by the authority to be
essential to the operation of the olympic facilities and the Gore Moun-
tain ski center shall, with the approval of the employer and the employ-
ee, be transferred to the employment of the authority and shall be
eligible for such transfer and appointment without examination to compa-
rable offices, positions and employment under the authority. The salary
or compensation of any such officer or employee shall, after such trans-
S. 6260--A 28 A. 9060--A
fer, be paid by the authority. Notwithstanding the provisions of this
act, any such officers or employees so transferred to the authority,
pursuant to the provisions of this section, who are members of or bene-
ficiaries under any existing pension or retirement system, shall contin-
ue to have all rights, privileges, obligations and status with respect
to such fund system or systems as are prescribed by law, but during the
period of their employment by the authority, all contributions to any
pension or retirement fund or system to be paid by the employer on
account of such officers or employees, shall be paid by the authority;
and all such officers and employees who have been appointed to positions
under the rules and classifications of the state civil service commis-
sion shall have the same status with respect thereto after transfer to
the authority as they had under their original appointments.
2. NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THE CHAPTER
OF THE LAWS OF 2012 ENACTING THIS SUBDIVISION, PROVISION SHALL BE MADE
FOR THE TRANSFER TO THE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY SUCH
EMPLOYEES OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ENGAGED IN
CARRYING OUT SUCH FUNCTIONS WITH RESPECT TO THE OPERATION, MAINTENANCE
AND MANAGEMENT OF THE BELLEAYRE MOUNTAIN SKI CENTER AS THE OLYMPIC
REGIONAL DEVELOPMENT AUTHORITY DEEMS NECESSARY FOR THE EXERCISE OF THE
FUNCTIONS TRANSFERRED TO THE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY.
EMPLOYEES SO TRANSFERRED SHALL BE TRANSFERRED WITHOUT FURTHER EXAMINA-
TION OR QUALIFICATIONS AND SHALL RETAIN THEIR RESPECTIVE CIVIL SERVICE
CLASSIFICATIONS AND STATUS. THE SALARY OR COMPENSATION OF ANY SUCH
EMPLOYEES, AFTER SUCH TRANSFER, SHALL BE PAID BY THE AUTHORITY.
NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, ANY SUCH OFFICERS OR
EMPLOYEES SO TRANSFERRED TO THE AUTHORITY, PURSUANT TO THE PROVISIONS OF
THIS SECTION, WHO ARE MEMBERS OF OR BENEFICIARIES UNDER ANY EXISTING
PENSION OR RETIREMENT SYSTEM, SHALL CONTINUE TO HAVE ALL RIGHTS, PRIVI-
LEGES, OBLIGATIONS AND STATUS WITH RESPECT TO SUCH FUND SYSTEM OR
SYSTEMS AS ARE PRESCRIBED BY LAW, BUT DURING THE PERIOD OF THEIR EMPLOY-
MENT BY THE AUTHORITY, ALL CONTRIBUTIONS TO ANY PENSION OR RETIREMENT
FUND OR SYSTEM TO BE PAID BY THE EMPLOYER ON ACCOUNT OF SUCH OFFICERS OR
EMPLOYEES, SHALL BE PAID BY THE AUTHORITY. FOR THE PURPOSE OF DETERMIN-
ING THE EMPLOYEES HOLDING PERMANENT APPOINTMENTS IN COMPETITIVE CLASS
POSITIONS TO BE TRANSFERRED, SUCH EMPLOYEES SHALL BE SELECTED WITHIN
EACH TITLE IN THE ORDER OF THEIR ORIGINAL APPOINTMENT, WITH DUE REGARD
FOR THE RIGHT OF PREFERENCE IN RETENTION OF DISABLED AND NON-DISABLED
VETERANS. ANY SUCH EMPLOYEE WHO, AT THE TIME OF SUCH TRANSFER, HAS AN
HOURLY, TEMPORARY OR PROVISIONAL APPOINTMENT SHALL BE TRANSFERRED
SUBJECT TO THE SAME RIGHT OF REMOVAL, EXAMINATION OR TERMINATION AS
THOUGH SUCH TRANSFER HAS NOT BEEN MADE. EMPLOYEES HOLDING PERMANENT
APPOINTMENTS IN COMPETITIVE CLASS POSITIONS WHO ARE NOT TRANSFERRED
PURSUANT TO THIS SECTION SHALL HAVE THEIR NAMES ENTERED UPON AN APPRO-
PRIATE PREFERRED LIST FOR REINSTATEMENT PURSUANT TO THE CIVIL SERVICE
LAW.
S 8. Transfer of appropriations. Upon the execution of an agreement as
set forth in section three of this act and notwithstanding any
provisions of the state finance law to the contrary, all appropriations
or reappropriations for the functions transferred pursuant to this act
heretofore made to the department of environmental conservation or
segregated pursuant to law, to the extent that unexpended or unencum-
bered balances remain, whether allocated or unallocated and whether
obligated or unobligated, are hereby transferred to and made available
for use and expenditure by the olympic regional development authority,
for the same purposes for which originally appropriated or reappropri-
S. 6260--A 29 A. 9060--A
ated and shall be payable on vouchers certified or approved by the chair
of the olympic regional development authority on audit and warrant of
the comptroller. Payments for liabilities for expenses of personal
service, maintenance and operation heretofore incurred by the department
of environmental conservation in connection with the functions trans-
ferred pursuant to this act, and for liabilities incurred and to be
incurred in completing its affairs in relation to such functions, shall
also be made on vouchers or certificates approved by the commissioner of
the department of environmental conservation on audit or warrant of the
comptroller.
S 9. This act shall take effect immediately.
PART D
Section 1. Section 285-a of the agriculture and markets law is
REPEALED.
S 2. Subdivision 12 of section 283 of the agriculture and markets law
is REPEALED and subdivisions 13 and 14 are renumbered subdivisions 12
and 13.
S 3. Section 7 of chapter 654 of the laws of 1994, amending the trans-
portation law and other laws relating to equipment requirements for
registered farm vehicles, is REPEALED.
S 4. Section 285-b of the agriculture and markets law is REPEALED.
S 5. Article 4 of the state technology law is REPEALED.
S 6. Section 372-a of the social services law is REPEALED.
S 7. Subdivision 1 of section 2803-r of the public health law, as
added by chapter 439 of the laws of 2005, is amended to read as follows:
1. All hospitals and clinics shall notify their prenatal care and
obstetric patients of the provisions of the abandoned infant protection
act[, using materials provided by the office of children and family
services, pursuant to section three hundred seventy-two-a of the social
services law]. The department shall develop agreements with societies
and organizations of medical practitioners under which the department or
the office of children and family services shall provide materials to
such societies to provide appropriate education and outreach concerning
the abandoned infant protection act to their members and the public.
Criminal penalties for violation pursuant to subdivisions one and two of
section twelve-b of this chapter shall not apply to this section.
S 8. Sections 520 and 521 of the executive law are REPEALED.
S 9. Article 28 of the executive law is REPEALED.
S 10. Paragraph (p) of subdivision 1 of section 17 of the public offi-
cers law is REPEALED.
S 11. Section 92-y of the state finance law is REPEALED.
S 12. Paragraph (b) of subdivision 1 of section 88-a of the highway
law, as amended by section 4 of part Z of chapter 383 of the laws of
2001, is amended to read as follows:
(b) the chairperson, or his or her designated representative, of the
New York state thruway authority, the adirondack park agency[,] AND the
tourism advisory council[, the upstate New York tourism council and the
downstate New York tourism council];
S 13. Subdivision 3 of section 349-bb of the highway law, as amended
by section 5 of part Z of chapter 383 of the laws of 2001, is amended to
read as follows:
3. The commissioner is hereby authorized to enter into contracts with
qualified, responsible not-for-profit organizations involved in scenic
byways activities [and the upstate New York tourism council] for
S. 6260--A 30 A. 9060--A
services relating to the development of the New York state scenic byways
program or services relating to the operation, development or promotion
of a specific scenic byway.
S 14. Subdivision 1 of section 349-cc of the highway law, as amended
by chapter 399 of the laws of 2005, is amended to read as follows:
1. An advisory board of state agencies with responsibilities related
to the designation and management of scenic byways and not-for-profit
organizations related to the promotion and development of scenic byways
is hereby formed to advise and assist the department in the operation of
its scenic byways program. The advisory board shall consist of one
member appointed by the temporary president of the senate, one member
appointed by the speaker of the assembly, the secretary of state, and
the commissioners of the department of agriculture and markets, the
department of economic development, and the department of environmental
conservation, and the office of parks, recreation and historic preserva-
tion or their duly designated representatives. The commissioner shall
appoint as members of the advisory board the chief executive officer, or
his or her duly authorized representative, of not-for-profit organiza-
tions related to the promotion and development of a scenic byway desig-
nated pursuant to this article[,] AND three representatives of organiza-
tions concerned with the preservation of scenic qualities, the motoring
public and tourism development [and members or representatives of the
upstate New York tourism council and of the downstate New York tourism
council]. The commissioner, or his or her duly designated represen-
tative, shall serve as chair. Members of the advisory board shall
receive no pay, but shall be eligible to receive actual and necessary
expenses from their respective agencies, or for the expenses of repre-
sentatives of organizations related to the promotion and development of
a scenic byway, the preservation of scenic qualities, the motoring
public and tourism development, from the department. The advisory board
shall consult with the Adirondack Park Agency regarding scenic byways
within the Adirondack Park. The advisory board shall also consult with
the Hudson River Valley Communities Council regarding scenic byways
within the Hudson River Valley Greenway as defined in article forty-four
of the environmental conservation law. The advisory board shall consult
with the Niagara River Greenway Commission regarding scenic byways with-
in the Niagara River Greenway as defined in article thirty-nine of the
parks, recreation and historic preservation law. [The advisory board
shall consult with the upstate New York tourism council regarding scenic
byways in the upstate New York region, and with the downstate New York
tourism council regarding scenic byways in the downstate New York
region.]
S 15. Paragraph a of subdivision 1 of section 233-b of the education
law, as amended by section 3 of part Z of chapter 383 of the laws of
2001, is amended to read as follows:
a. There is hereby established within the department the New York
state freedom trail commission. The commission shall consist of twelve
members, to be appointed as follows: three members to be appointed by
the governor, three members to be appointed by the board of regents, two
members to be appointed by the temporary president of the senate, one
member to be appointed by the minority leader of the senate, two members
to be appointed by the speaker of the assembly, and one member to be
appointed by the minority leader of the assembly. Such members shall be
representative of academic or public historians, corporations, founda-
tions, historical societies, civic organizations, and religious denomi-
nations. In addition, the following state officers, or their designees,
S. 6260--A 31 A. 9060--A
shall serve as members of the commission: the commissioner of education,
the head of the state museum, the head of the state archives, the head
of the office of state history, the commissioner of economic develop-
ment, the head of the state tourism advisory council[, the chairperson
of the upstate New York tourism council, the chairperson of the down-
state New York tourism council,] and the commissioner of parks, recre-
ation and historic preservation.
S 16. Section 120 of the economic development law is REPEALED.
S 17. Section 27-0702 of the environmental conservation law is
REPEALED.
S 18. The opening paragraph of subdivision 2 of section 27-0103 of the
environmental conservation law, as amended by chapter 55 of the laws of
1992, is amended to read as follows:
The commissioner shall[, with the advice of the state solid waste
management board established pursuant to section 27-0702 of this arti-
cle,] biennially review the status of programs and information contained
within the plan and make recommendations for legislation or other state
action related to:
S 19. Paragraph g of subdivision 3 of section 165 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
g. In addition to carrying out the provisions of paragraphs e and f of
this subdivision, the commissioner shall identify and implement specific
steps which will reduce, to the maximum extent practicable, waste gener-
ated in state facilities and maximize the recovery and reuse of second-
ary materials from such facilities. Such steps and their implementation
shall be reviewed from time to time but no less frequently than annually
or upon receiving recommendations for additional steps from [the solid
waste management board,] the department of environmental conservation or
the environmental facilities corporation.
S 20. Subdivision 3 and the closing paragraph of section 1285-d of the
public authorities law, subdivision 3 as amended by chapter 283 of the
laws of 1979 and the closing paragraph as added by chapter 639 of the
laws of 1978, are amended to read as follows:
3. [To advise the corporation on technical matters, a technical advi-
sory committee shall be constituted to be composed of the commissioners
of transportation, commerce, health and environmental conservation, the
secretary of state, and five persons representative of affected indus-
tries to be appointed by the governor with the advice and consent of the
senate. Upon dissolution of the hazardous waste disposal advisory
committee pursuant to subdivision three of section twelve hundred eight-
y-five-f of this article, two members of that committee designated by
the governor shall become members of the committee established by this
subdivision which committee shall be expanded by two members.]
In [excercising] EXERCISING its responsibilities, the corporation
shall also cooperate and act in conjunction with industrial, commercial,
medical, scientific, public interest and educational organizations with-
in the state, and with agencies of the federal government, of the state
and its political subdivisions, of other states, and joint agencies
thereof.
S 21. Paragraph (c) of subdivision 3 of section 1285-f of the public
authorities law is REPEALED.
S 22. Section 216-b of the vehicle and traffic law is REPEALED.
S 23. Section 191 of the executive law is REPEALED.
S 24. Subdivision 9 of section 3.23 of the parks, recreation and
historic preservation law is REPEALED.
S. 6260--A 32 A. 9060--A
S 25. Section 89-mmm of the general business law is REPEALED.
S 26. Subdivision 2 of section 100 of the executive law, as added by
chapter 557 of the laws of 1997, is amended to read as follows:
2. The secretary of state shall maintain all records collected for
applicants pursuant to the armored car guard act for a period of five
years after the applicant's termination as an armored car guard, retire-
ment, resignation, death, failure to be rehired, or non-renewal of the
applicant's registration card. Every armored car carrier shall file with
the secretary, on a monthly basis, a report, stating all armored car
guards in their employ who have retired, resigned, died, been termi-
nated, have [hot] NOT been rehired, or have otherwise been removed from
active duty, in such form and on such media as approved for such purpose
by the secretary[, upon recommendation of the armored car carrier advi-
sory board established pursuant to the provisions of section eighty-
nine-mmm of the general business law].
S 27. Subdivision 5 of section 89-bbb of the general business law is
REPEALED.
S 28. Section 89-lll of the general business law, as added by chapter
557 of the laws of 1997, is amended to read as follows:
S 89-lll. Regulations. The secretary[, in consultation with the
board,] is hereby authorized and empowered to promulgate rules and regu-
lations necessary for the proper conduct of the business authorized
under this article, and not inconsistent herewith.
S 29. Subdivision 5 of section 89-ppp of the general business law is
REPEALED.
S 30. Section 923 of the executive law is REPEALED.
S 31. Subdivision 14 of section 601 and sections 611 and 612 of the
executive law are REPEALED.
S 32. Subdivision 12 of section 604 of the executive law, as added by
chapter 729 of the laws of 2005, is amended to read as follows:
12. To create and maintain a consumer awareness pamphlet, [in conjunc-
tion with the advisory council,] to include, but not be limited to,
detailing the certification process, installer selection rights, the
dispute resolution process, the differences between the types of hous-
ing, and other consumer protection issues. Such pamphlet shall be avail-
able to the public, and published on the department's website.
S 33. Section 433-a of the general business law is REPEALED.
S 34. The section heading of section 35 of the social services law, as
amended by chapter 300 of the laws of 1992, is amended to read as
follows:
Legal representation of individuals whose federal disability benefits
have been denied or may be discontinued[; advisory committee].
S 35. Subdivision 1 of section 35 of the social services law, as
amended by chapter 300 of the laws of 1992, is amended to read as
follows:
1. [a. There is hereby established within the department an advisory
committee on legal advocacy (hereinafter to be referred to as the "advi-
sory committee") which shall consist of nine members or their designated
representatives. The advisory committee shall consist of the following
nine members: the commissioner of mental health, the commissioner of
mental retardation and developmental disabilities, the advocate for the
disabled and six members appointed by the governor. The six members
appointed by the governor shall include three representatives of inter-
ested public and private groups, and shall include three representatives
of county government and the city of New York to be appointed from a
list of six names submitted by the New York state association of coun-
S. 6260--A 33 A. 9060--A
ties. The commissioner shall coordinate the functions and activities of
the department with those of the advisory committee.
b.] The [advisory committee] COMMISSIONER shall [make recommendations
regarding] ESTABLISH criteria for selection of grant applications,
review applications awarded pursuant to the provisions of this section,
[make recommendations thereon to the commissioner] and exercise and
perform such other [advisory] functions as are related to the purposes
of this section[; provided however that the committee shall meet at
least once every six months].
S 36. Subdivisions 2 and 4 of section 35 of the social services law,
subdivision 2 as amended and subdivision 4 as added by chapter 300 of
the laws of 1992, are amended to read as follows:
2. The commissioner[, after consultation with the advisory committee,]
shall make grants, within the amounts appropriated for that purpose, to
not-for-profit legal services corporations and not-for-profit agencies
serving the disabled and local social services districts, to provide for
representation of persons whose federal disability benefits including
supplemental security income and social security disability insurance
have been denied or may be discontinued for the purpose of representing
these persons in appropriate proceedings. When the commissioner has
contracted with a local social services district to provide such repre-
sentation, the legislative body of such district may authorize and make
provision for the commissioner of social services of the district to
obtain necessary legal services on a fee for services basis or other
appropriate basis which the department may approve. Such legal services
may be provided by not-for-profit legal services corporations, not-for-
profit agencies serving the disabled or private attorneys.
4. Responsibility for local financial participation shall be deter-
mined by the commissioner based on either costs of and the number of
district residents served by each local entity or the alternative cost
allocation procedure deemed appropriate by the commissioner [in consul-
tation with the advisory committee].
S 37. Subdivisions 8 and 9 of section 350 of the executive law are
REPEALED.
S 38. Subdivision 16 of section 353 of the executive law is REPEALED.
S 39. Sections 365, 365-a, 365-b, 365-c, 365-d, 365-e, 365-f and 365-g
of the executive law are REPEALED.
S 40. Section 154 of the labor law is REPEALED.
S 41. Title 11 of article 24 of the environmental conservation law is
REPEALED.
S 42. Subdivision 1 of section 24-0301 of the environmental conserva-
tion law, as amended by chapter 654 of the laws of 1977, is amended to
read as follows:
1. The commissioner shall, as soon as practicable, conduct a study to
identify and map those individual freshwater wetlands in the state of
New York which shall have an area of at least twelve and four-tenths
acres or more, or if less than twelve and four-tenths acres, (a) have,
in the discretion of the commissioner[, and subject to review of his
action by the board created pursuant to title eleven of this article,]
unusual local importance for one or more of the specific benefits set
forth in subdivision seven of section 24-0105 OF THIS ARTICLE or (b) are
located within the Adirondack park and meet the definition of wetlands
contained in subdivision sixty-eight of section eight hundred two [of
article twenty-seven] of the executive law, and shall determine their
characteristics. This study shall, in addition to such other data as the
commissioner may determine to be included, consist of the freshwater
S. 6260--A 34 A. 9060--A
wetlands inventory of the department of environmental conservation,
currently being made, together with other available data on freshwater
wetlands, whether assisted by the state of New York under the tidal
wetlands act or otherwise, or assembled by federal or local governmental
or private agencies, all of which information shall be assembled and
integrated, as applicable, into a map of freshwater wetlands of the
state of New York. Such study may, in the discretion of the commission-
er, be carried out on a sectional or regional basis, as indicated by
need, subject to overall completion in an expeditious fashion subject to
the terms of this chapter. This map, and any orders issued pursuant to
the provisions of this article, shall comprise a part of the statewide
environmental plan as provided for in section 3-0303 of this chapter. As
soon as practicable the commissioner shall file with the secretary of
state a detailed description of the technical methods and requirements
to be utilized in compiling the inventory, and he shall afford the
public an opportunity to submit comments thereon.
S 43. Subdivision 5 of section 24-0703 of the environmental conserva-
tion law, as amended by chapter 233 of the laws of 1979, is amended to
read as follows:
5. Prior to the promulgation of the final freshwater wetlands map in a
particular area and the implementation of a freshwater wetlands
protection law or ordinance, no person shall conduct, or cause to be
conducted, any activity for which a permit is required under section
24-0701 of this [article] TITLE on any freshwater wetland unless he has
obtained a permit from the commissioner under this section. Any person
may inquire of the department as to whether or not a given parcel of
land will be designated a freshwater wetland subject to regulation. The
department shall give a definite answer in writing within thirty days of
such request as to whether such parcel will or will not be so desig-
nated. Provided that, in the event that weather or ground conditions
prevent the department from making a determination within thirty days,
it may extend such period until a determination can be made. Such answer
in the affirmative shall be reviewable [pursuant to title eleven of this
article]; such an answer in the negative shall be a complete defense to
the enforcement of this article as to such parcel of land. The commis-
sioner may by regulation adopted after public hearing exempt categories
or classes of wetlands or individual wetlands which he determines not to
be critical to the furtherance of the policies and purposes of this
article.
S 44. Subdivision 6 of section 24-0705 of the environmental conserva-
tion law, as amended by chapter 654 of the laws of 1977, is amended to
read as follows:
6. Review of the determination of the local government or of the
commissioner shall be, within a period of thirty days after the filing
thereof, pursuant to the provisions of [title eleven of this article or]
article seventy-eight of the civil practice law and rules. Any owner of
the wetland affected and any resident or citizen of the local government
shall be deemed to have the requisite standing to seek review.
S 45. Subdivision 2 of section 24-0801 of the environmental conserva-
tion law, as added by chapter 654 of the laws of 1977, is amended to
read as follows:
2. Where the activities otherwise subject to regulation under this
article involve freshwater wetlands located within the boundaries of the
Adirondack park, the inquiries referred to and the applications provided
for in section 24-0703 of this article shall be made to and filed with
the Adirondack park agency at its headquarters office, under such regu-
S. 6260--A 35 A. 9060--A
lations and procedures as the Adirondack park agency may promulgate. The
Adirondack park agency shall review the application in place of the
commissioner or local government as provided in section 24-0705 of this
article, having due regard for the declaration of policy and statement
of findings set forth in this article and for the considerations set
forth in subdivision one of section 24-0705 of this article. The agency
shall in addition determine prior to the granting of any permit that the
proposed activity will be consistent with the Adirondack park land use
and development plan and would not have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic, recreational
or open space resources of the park, taking into account the economic
and social or other benefits to be derived from the activity. Any person
may seek review of a ruling made solely pursuant to the provisions of
this article by the Adirondack park agency pursuant to the provisions of
[title eleven of this article or] article seventy-eight of the civil
practice law and rules.
S 46. Subdivision 7 of section 24-0903 of the environmental conserva-
tion law, as added by chapter 614 of the laws of 1975, is amended to
read as follows:
7. Any person aggrieved by any such order or regulation may seek
[review pursuant to the provisions of title eleven of this article or]
judicial review pursuant to article seventy-eight of the civil practice
law and rules in the supreme court for the county in which the freshwa-
ter wetland is located, within thirty days after the date of the filing
of the order with the clerk of the county in which the wetland is
located.
S 47. Section 24-0507 of the environmental conservation law, as
amended by chapter 654 of the laws of 1977, is amended to read as
follows:
S 24-0507. Reservation of local jurisdiction.
Except as provided in this article, jurisdiction over all areas which
would qualify as freshwater wetlands except that they are not designated
as such on the freshwater wetlands map pursuant to section 24-0301 of
this article because they are less than twelve and four-tenths acres in
size and are not of unusual local importance is reserved to the city,
town or village in which they are wholly or partially located, and the
implementation of this article with respect thereto is the responsibil-
ity of said city, town or village, in accordance with section 24-0501
and title twenty-three of article seventy-one of this chapter, except
that a city, town or village in the exercise of its powers under this
section, shall not be subject to the provisions of subdivision four of
section 24-0501, subdivisions two and three of section 24-0503, or
section 24-0505[, but shall be subject to judicial review under subdivi-
sion two of section 24-1105] of this article.
S 48. Subdivision 3 of section 1-0303 of the environmental conserva-
tion law is REPEALED.
S 49. Paragraph a of subdivision 2 of section 3-0301 of the environ-
mental conservation law, as amended by chapter 469 of the laws of 1974,
is amended to read as follows:
a. [With the advice and approval of the board, adopt] ADOPT, amend or
repeal environmental standards, criteria and those rules and regulations
having the force and effect of standards and criteria to carry out the
purposes and provisions of this act. [Upon approval by the board of any]
ANY such environmental standard, criterion, rule or regulation or change
thereto[, it] shall become effective thirty days after being filed with
the Secretary of State for publication in the "Official Compilation of
S. 6260--A 36 A. 9060--A
Codes, Rules, and Regulations of the State of New York" published pursu-
ant to section 102 of the Executive Law. This provision shall not in any
way restrict the commissioner in the exercise of any function, power or
duty transferred to him OR HER and heretofore authorized to be exercised
by any other department acting through its commissioner to promulgate,
adopt, amend or repeal any standards, rules and regulations. No such
environmental standards, criterion, rule or regulation or change thereto
shall be proposed for approval unless a public hearing relating to the
subject of such standard shall be held by the commissioner prior thereto
not less than 30 days after date of notice therefor, any provision of
law to the contrary notwithstanding. Notice shall be given by public
advertisement of the date, time, place and purpose of such hearing.
[Members of the board shall be entitled to participate in such hearing
and opportunity to be heard by the commissioner with respect to the
subject thereof shall be given to the public.]
S 50. Article 5 of the environmental conservation law is REPEALED.
S 51. Section 17-1411 of the environmental conservation law, as added
by chapter 436 of the laws of 1989, is amended to read as follows:
S 17-1411. Regulations.
[1.] The commissioner may promulgate regulations necessary to effectu-
ate the purposes of section 17-1409 of this title including, but not
limited to, regulations setting forth criteria for submission and proc-
essing of grant applications, components of best management practices
and state standards necessary to control nonpoint source pollution.
[2. Regulations promulgated pursuant to subdivision one of this
section shall not require the approval of the state environmental board
pursuant to paragraph a of subdivision two of section 3-0301 or subdivi-
sion two of section 5-0107 of this chapter.]
S 52. Subdivision 4 of section 19-0303 of the environmental conserva-
tion law, as added by chapter 608 of the laws of 1993, is amended to
read as follows:
4. In adopting any code, rule or regulation which contains a require-
ment that is more stringent than the Act or regulations issued pursuant
to the Act by the United States environmental protection agency, the
commissioner shall, in addition to the provisions of section two hundred
two-a of the state administrative procedure act, include in the regula-
tory impact statement:
(a) a detailed explanation of the reason or reasons that justify
exceeding federal minimum requirements, including:
(i) satisfying any requirement of the Act as it relates to New York
state, including any requirement for demonstrating attainment or mainte-
nance of ambient air quality standards or meeting reasonable further
progress pursuant to Title I of the Act;
(ii) preventing an assessment or imposition of sanctions, or the impo-
sition of a federal implementation plan, pursuant to the Act;
(iii) complying with a final decree of a court; or
(iv) protecting public health or the environment;
(b) an evaluation of the cost-effectiveness of the proposed code, rule
or regulation, in comparison with the cost-effectiveness of reasonably
available alternatives; and
(c) a review of the reasonably available alternative measures consid-
ered by the commissioner and an explanation of the reasons for rejecting
such alternatives.
[Any code, rule or regulation to which this subdivision is applicable
shall be subject to the approval of the environmental board pursuant to
subdivision 2 of section 5-0107 of this chapter.]
S. 6260--A 37 A. 9060--A
S 53. Section 19-0917 of the environmental conservation law is
REPEALED.
S 54. Subdivision 3 of section 27-0903 of the environmental conserva-
tion law, as amended by chapter 831 of the laws of 1990, is amended to
read as follows:
3. The regulations setting forth the criteria for identification and
listing, and the list of, hazardous wastes subject to this title may be
amended by the commissioner from time to time as appropriate, based upon
hazardous waste conditions of particular relevance to the state. The
commissioner may promulgate the appropriately amended regulations only
[after approval of the state environmental board based] upon a showing
of the circumstances constituting the hazardous waste conditions of
particular relevance to this state, and then in a manner consistent with
the state administrative procedure act.
S 55. Subdivision 1 of section 27-1315 of the environmental conserva-
tion law, as amended by section 7 of part E of chapter 1 of the laws of
2003, is amended to read as follows:
1. The commissioner shall have the power to promulgate rules and regu-
lations necessary and appropriate to carry out the purposes of this
title. Any [such] regulations shall include provisions which establish
the procedures for a hearing pursuant to subdivision four of section
27-1313 of this title[. Any such provisions] AND shall ensure a division
of functions between the commissioner, the staff who present the case,
and any hearing officers appointed. In addition, any [such] regulations
shall set forth findings to be based on a factual record, which must be
made before the commissioner determines that a significant threat to the
environment exists. [Rules and regulations promulgated pursuant to this
title shall be subject to the approval of a board, which shall be known
as the inactive hazardous waste disposal site regulation review board,
which shall have the same members, rules, and procedures as the state
environmental board.]
S 56. Subdivision 1 of section 27-1504 of the environmental conserva-
tion law, as added by chapter 180 of the laws of 1989, is amended to
read as follows:
1. The commissioner shall promulgate new regulations or amend existing
regulations establishing a program for the tracking of the regulated
medical waste which is generated in this state. Such regulations shall
not be subject to the requirements of subdivision 2 of section 3-0301
[or subdivision 2 of section 5-0107] of this chapter.
S 57. Subdivision 4 of section 29-0103 of the environmental conserva-
tion law is REPEALED.
S 58. Subdivision 4 of section 70-0117 of the environmental conserva-
tion law, as added by chapter 723 of the laws of 1977, is amended to
read as follows:
4. In conjunction with one or more applications for permits, the
department may, on request of an applicant undertake a conceptual review
of a proposed project evaluating the general approvability or nonapprov-
ability of a proposed project, including all proposed phases or segments
thereof, subject to the development and submission of more detailed
plans and information and such additional applications for permits in
the future as may be necessary. The department shall, in rules and regu-
lations [approved by the state environmental board], establish criteria
and guidelines for the conceptual review of proposed projects. The
department shall establish, in rules and regulations adopted pursuant to
section 70-0107 of this chapter, procedures governing the conceptual
review of proposed projects.
S. 6260--A 38 A. 9060--A
S 59. Sections 9-0705, 9-0707, 9-0709 and 9-0711 of the environmental
conservation law are REPEALED.
S 60. Section 9-0713 of the environmental conservation law, as amended
by chapter 386 of the laws of 1980, is amended to read as follows:
S 9-0713. State assistance.
[Upon the establishment of regional forest practice boards, and upon
the adoption and promulgation of] THE COMMISSIONER SHALL ADOPT forest
practice standards[, the regional forest practice boards]. THE DEPART-
MENT shall notify [all the] owners of forest land [in their regions]
that the commissioner is prepared to assist cooperating owners in
connection with the application of [approved] forest practice standards.
The commissioner shall provide to cooperating forest and farm woodland
owners technical services in connection with all phases of forest
management including but not limited to, plantation establishment and
care, the marking of timber, marketing assistance and silvicultural
treatment of immature stands.
S 61. Subdivision 1 of section 444-b of the real property law is
REPEALED and subdivisions 2, 3, 4, 5, 6, 7 and 8 are renumbered subdivi-
sions 1, 2, 3, 4, 5, 6 and 7.
S 62. Subdivision 4 of section 444-b of the real property law, as
amended by chapter 225 of the laws of 2005 and as renumbered by section
sixty-one of this act, is amended to read as follows:
4. "Home inspection" means the process by which a home inspector
observes and provides a written report of the systems and components of
a residential building including but not limited to heating system,
cooling system, plumbing system, electrical system, structural compo-
nents, foundation, roof, masonry structure, exterior and interior compo-
nents or any other related residential building component as recommended
[by the home inspection council and implemented] OR REQUIRED by the
department through regulation to provide a client with objective infor-
mation about the condition of the residential building. The home inspec-
tor shall clearly identify in the written report which systems and
components of the residential building were observed. A home inspection
shall not include an inspection for radon or pests.
S 63. Section 444-c of the real property law, as added by chapter 461
of the laws of 2004, subdivisions 1, 2 and 3 as amended by chapter 225
of the laws of 2005, is amended to read as follows:
S 444-c. [State home inspection council] CODE OF ETHICS AND STANDARDS
OF PRACTICE. 1. [There is hereby established a state home inspection
council within the department. The council shall consist of the secre-
tary or the secretary's designee and six additional members who are
residents of the state, of whom three shall be persons licensed and
actively engaged in the business of home inspection in the state of New
York for at least five years immediately preceding their appointment and
three of whom shall be consumers who are the owners and principal resi-
dents of a residential building in the state of New York. Appointments
shall reflect the geographical diversity of the state.
2. For a period of one year after the effective date of this section,
and notwithstanding any other provisions of this section to the contra-
ry, the first three home inspectors appointed as members of the commit-
tee shall not be required, at the time of their first appointment, to be
licensed to practice home inspection, provided that such members be
licensed pursuant to this article within one year of appointment.
3. The governor shall appoint each member of the council for a term of
three years except that of the members first appointed, two shall serve
for terms of three years, two shall serve for terms of two years and two
S. 6260--A 39 A. 9060--A
shall serve for a term of one year. The governor shall appoint one home
inspector and one consumer solely in his or her discretion, one home
inspector and one consumer upon the recommendation of the temporary
president of the senate, and one home inspector and one consumer upon
the recommendation of the speaker of the assembly. Each member shall
hold office until his or her successor has been qualified. Any vacancy
in the membership of the council shall be filled for the unexpired term
in the manner provided for the original appointment. No member of the
council may serve more than two successive terms in addition to any
unexpired term to which he or she has been appointed.
4. Members of the council shall receive no compensation but shall be
reimbursed for their actual and necessary expenses and provided with
office and meeting facilities and personnel required for the proper
conduct of the council's business.
5. The council shall annually elect from among its members a chair and
vice-chair and may appoint a secretary, who need not be a member of the
council. The council shall meet at least twice a year and may hold addi-
tional meetings as necessary to discharge its duties.
6. The role of the council shall be advisory.] The [council shall
advise the secretary in the administration and enforcement of the
provisions of this article and recommend to the] secretary SHALL PROMUL-
GATE regulations to implement the provisions of this article including
but not limited to:
(a) standards for training including approval of the course of study
and examination required for licensure of home inspectors;
(b) requirements and standards for continuing education of home
inspectors;
(c) a code of ethics and standards of practice for licensed home
inspectors consistent with the provisions of this article and sound
ethical practices which code and standards shall be subject to public
notice and comment prior to [a council recommendation to the secretary]
ADOPTION OF THE REGULATIONS. The standards of practice shall not require
a reporting format or limit information which licensees are authorized
to provide a client pursuant to this article; and
(d) development of information and educational materials about home
inspection for distribution to clients.
2. Nothing in this section shall be deemed to supersede any estab-
lished authority, duty and power established by local law, state law or
regulation or otherwise granted to any agency, body or entity.
S 64. Section 444-e of the real property law, as added by chapter 461
of the laws of 2004, paragraphs (b) and (c) of subdivision 1 and subdi-
vision 3 as amended by chapter 225 of the laws of 2005, is amended to
read as follows:
S 444-e. Qualifications for licensure. 1. An applicant for a license
as a home inspector shall:
(a) have successfully completed high school or its equivalent; and
(b) (i) have successfully completed a course of study of not less than
one hundred forty hours approved by the secretary[, in consultation with
the council], of which at least forty hours shall have been in the form
of unpaid field based inspections in the presence of and under the
direct supervision of a home inspector licensed by the state of New York
or a professional engineer or architect regulated by the state of New
York who oversees and takes full responsibility for the inspection and
any report provided to a client; or
(ii) have performed not less than one hundred home inspections in the
presence of and under the direct supervision of a home inspector
S. 6260--A 40 A. 9060--A
licensed by the state of New York or a professional engineer or archi-
tect regulated by the state of New York who oversees and takes full
responsibility for the inspection and any report provided to a client;
and
(c) have passed a written or electronic examination approved by the
secretary[, in consultation with the council], and designed to test
competence in home inspection practice as determined by a recognized
role definition methodology and developed and administered to the extent
practicable in a manner consistent with the American Educational
Research Association's "Standards for Educational and Psychological
Testing." An applicant who has passed an existing nationally recognized
examination, as approved by the secretary, prior to the effective date
of this article shall be in compliance with this paragraph; and
(d) pay the applicable fees.
2. The provisions of this section shall not apply to a person perform-
ing a home inspection pursuant to subparagraph (ii) of paragraph (b) of
subdivision one of this section for the purpose of meeting requirements
for a home inspector license.
3. Upon submission of an application and payment of the application
and licensure fee to the secretary, the secretary shall issue a home
inspector's license to a person who holds a valid license as a home
inspector issued by another state or possession of the United States or
the District of Columbia which has standards substantially equivalent to
those of this state as determined by the secretary[, in consultation
with the council].
4. On or before the effective date of this article, the secretary
shall, upon application, issue a home inspector license to a person who:
(a) meets the requirements of paragraphs (a) and (c) of subdivision
one of this section and has performed one hundred or more home
inspections for compensation within two years prior to the effective
date of this section; or
(b) meets the requirements of paragraph (a) of subdivision one of this
section and has been engaged in the practice of home inspection for
compensation for not less than three years prior to the effective date
of this section during which such person has performed two hundred fifty
home inspections for compensation within three years prior to the effec-
tive date of this section; or
(c) has education and experience which the secretary[, in consultation
with the council], considers equivalent to that required pursuant to
paragraphs (a) and (b) of this subdivision.
S 65. Subdivision 1 of section 444-f of the real property law, as
amended by chapter 225 of the laws of 2005, is amended to read as
follows:
1. Home inspector licenses and renewals thereof shall be issued for a
period of two years, except that the secretary may, in order to stagger
the expiration date thereof, provide that those licenses first issued or
renewed after the effective date of this section shall expire or become
void on a date fixed by the secretary, not sooner than six months nor
later than twenty-nine months after the date of issue. No renewal of a
license shall be issued unless the applicant has successfully completed
a course of continuing education approved by the secretary[, in consul-
tation with the council].
S 66. Subdivision 1 of section 444-k of the real property law, as
added by chapter 461 of the laws of 2004, is amended to read as follows:
1. Every licensed home inspector who is engaged in home inspection
shall secure, maintain, and file with the secretary proof of a certif-
S. 6260--A 41 A. 9060--A
icate of liability coverage, which terms and conditions shall be deter-
mined by the secretary [in consultation with the council].
S 67. Section 444-l of the real property law, as added by chapter 461
of the laws of 2004, is amended to read as follows:
S 444-l. Duties of the secretary. The secretary shall[, in consulta-
tion with the council,] establish such rules and regulations as shall be
necessary to implement the provisions of this article.
S 68. Subdivision 6 of section 69-n of the general business law is
REPEALED.
S 69. Chapter 868 of the laws of 1976, relating to the organic food
advisory committee, is REPEALED.
S 70. Subdivisions 6, 7, 8 and 9 of section 73-b of the agriculture
and markets law are REPEALED and subdivision 10 is renumbered subdivi-
sion 6.
S 71. Subdivision 5 of section 73-b of the agriculture and markets
law, as added by chapter 276 of the laws of 2001, is amended to read as
follows:
5. The advisory board, which shall be chaired by the commissioner,
shall:
(a) evaluate and prioritize the veterinary diagnostic laboratory needs
of industry, government and consumer entities;
(b) provide advice and recommendations to the dean of the New York
state college of veterinary medicine for strategic direction of diagnos-
tic laboratory services;
(c) make recommendations to the dean regarding appointment of the
director of the laboratory; [and]
(d) assess the feasibility of the consolidation, expansion and modern-
ization of the current physical facilities of the laboratory; AND
(E) PROVIDE ADVICE AND RECOMMENDATIONS TO THE DIRECTOR OF THE DIAGNOS-
TIC LABORATORY REGARDING INDUSTRY NEEDS AND THE EFFECTIVENESS OF VETERI-
NARY DIAGNOSTIC LABORATORY SERVICES.
S 72. Paragraph (g) of subdivision 3 of section 73-b of the agricul-
ture and markets law, as added by chapter 276 of the laws of 2001, is
amended to read as follows:
(g) one member to be appointed by the governor, upon recommendation by
the commissioner[, from nominations received from the animal health
issues committee];
S 73. Section 13-0308 of the environmental conservation law is
REPEALED.
S 74. The opening paragraph of subdivision 15 of section 13-0309 of
the environmental conservation law, as added by chapter 512 of the laws
of 1994, is amended to read as follows:
Unless and until regulations are adopted implementing a comprehensive
long-term management plan for the protection of surf clams and ocean
quahogs in New York waters [prepared in conjunction with the surf
clam/ocean quahog management advisory board pursuant to section 13-0308,
of this title], the following restrictions shall apply in addition to
any consistent regulations adopted prior to the date upon which such
section shall take effect:
S 75. Subparagraph (ii) of paragraph 3 of subdivision (a) of section
83 of the state finance law, as amended by section 6 of part A of chap-
ter 58 of the laws of 1998, is amended to read as follows:
(ii) Notwithstanding the provisions of subparagraph (i) of this para-
graph, moneys arising out of the application of subdivision fourteen of
section 13-0309 of the environmental conservation law, shall be deposit-
ed in a special account within the conservation fund, to be known as the
S. 6260--A 42 A. 9060--A
surf clam/ocean quahog account, and shall be available to the department
of environmental conservation, including contracts for such purposes
with a New York State institution of higher education currently involved
in local marine research, after appropriation, for the research and
stock assessment of surf clams and ocean quahogs [and the operations of
the surf clam/ocean quahog management advisory board].
S 76. Section 3000 of the public health law, as amended by chapter 804
of the laws of 1992, is amended to read as follows:
S 3000. Declaration of policy and statement of purpose. The furnishing
of medical assistance in an emergency is a matter of vital concern
affecting the public health, safety and welfare. Prehospital emergency
medical care, the provision of prompt and effective communication among
ambulances and hospitals and safe and effective care and transportation
of the sick and injured are essential public health services.
It is the purpose of this article to promote the public health, safety
and welfare by providing for certification of all advanced life support
first response services and ambulance services; the creation of regional
emergency medical services [councils] ADVISORY BOARDS; and a New York
state emergency medical services [council] ADVISORY BOARD to [develop]
ADVISE THE DEPARTMENT AND THE COMMISSIONER IN THE DEVELOPMENT OF minimum
training standards for certified first responders, emergency medical
technicians and advanced emergency medical technicians and minimum
equipment and communication standards for advanced life support first
response services and ambulance services.
S 77. Subdivision 2 and paragraphs (a), (c) and (e) of subdivision 3
of section 3000-b of the public health law, subdivision 2 as amended by
chapter 583 of the laws of 1999, paragraph (a) of subdivision 3 as
amended by chapter 243 of the laws of 2010 and paragraphs (c) and (e) of
subdivision 3 as added by chapter 552 of the laws of 1998, are amended
to read as follows:
2. Collaborative agreement. A person, firm, organization or other
entity may purchase, acquire, possess and operate an automated external
defibrillator pursuant to a collaborative agreement with an emergency
health care provider. The collaborative agreement shall include a writ-
ten agreement and written practice protocols, and policies and proce-
dures that shall assure compliance with this section. The public access
defibrillation provider shall file a copy of the collaborative agreement
with the department and with the appropriate regional [council] BOARD
prior to operating the automated external defibrillator.
(a) No person may operate an automated external defibrillator unless
the person has successfully completed a training course in the operation
of an automated external defibrillator approved by a nationally-recog-
nized organization or the [state emergency medical services council]
COMMISSIONER AND THE COMPLETION OF THE COURSE WAS RECENT ENOUGH TO STILL
BE EFFECTIVE UNDER THE STANDARDS OF THE APPROVING ORGANIZATION. Howev-
er, this section shall not prohibit operation of an automated external
defibrillator, (i) by a health care practitioner licensed or certified
under title VIII of the education law or a person certified under this
article acting within his or her lawful scope of practice; (ii) by a
person acting pursuant to a lawful prescription; or (iii) by a person
who operates the automated external defibrillator other than as part of
or incidental to his or her employment or regular duties, who is acting
in good faith, with reasonable care, and without expectation of monetary
compensation, to provide first aid that includes operation of an auto-
mated external defibrillator; nor shall this section limit any good
S. 6260--A 43 A. 9060--A
samaritan protections provided in section three thousand-a of this arti-
cle.
(c) The public access defibrillation provider shall notify the APPRO-
PRIATE regional [council] BOARD of the existence, location and type of
any automated external defibrillator it possesses.
(e) The emergency health care provider shall participate in the
regional quality improvement program pursuant to subdivision one of
section three thousand [four-a] FOUR of this article.
S 78. Subdivision 2 and paragraph (a) of subdivision 3 of section
3000-c of the public health law, as added by chapter 578 of the laws of
1999, are amended to read as follows:
2. Collaborative agreement. Any eligible person, firm, organization or
other entity may purchase, acquire, possess and use epinephrine auto-in-
jector devices pursuant to a collaborative agreement with an emergency
health care provider. The collaborative agreement shall include a writ-
ten agreement that incorporates written practice protocols, and policies
and procedures that shall ensure compliance with the provisions of this
section. The person, firm, organization or entity shall file a copy of
the collaborative agreement with the department and with the appropriate
regional [council] BOARD prior to using any epinephrine auto-injector
device.
(a) No person shall use an epinephrine auto-injector device unless
such person shall have successfully completed a training course in the
use of epinephrine auto-injector devices approved by the commissioner
[pursuant to the rules of the department]. This section does not prohib-
it the use of an epinephrine auto-injector device (i) by a health care
practitioner licensed or certified under title eight of the education
law acting within the scope of his or her practice, or (ii) by a person
acting pursuant to a lawful prescription.
S 79. Section 3001 of the public health law, as amended by chapter 804
of the laws of 1992, subdivisions 13 and 15 as amended by chapter 445 of
the laws of 1993, is amended to read as follows:
S 3001. Definitions. As used in this article, unless the context
otherwise requires:
1. "Emergency medical service" means initial emergency medical assist-
ance including, but not limited to, the treatment of trauma, burns,
respiratory, circulatory and obstetrical emergencies.
1-A. "PEDIATRIC CARE" MEANS MEDICAL CARE PROVIDED TO NEONATES,
INFANTS, TODDLER, PRESCHOOLERS, SCHOOL AGERS AND ADOLESCENTS.
1-B. "TRAUMA CARE" MEANS HEALTH CARE PROVIDED TO PATIENTS AT HIGH RISK
OF DEATH OR DISABILITY FROM MULTIPLE AND SEVERE INJURIES.
1-C. "DISASTER CARE" MEANS CARE PROVIDED TO PATIENTS WHO ARE THE
VICTIMS OF NATURAL OR MAN-MADE DISASTERS, INCLUDING BUT NOT LIMITED TO
BIOLOGIC, NUCLEAR, INCENDIARY, CHEMICAL AND EXPLOSIVE DISASTERS.
2. "Ambulance service" means an individual, partnership, association,
corporation, municipality or any legal or public entity or subdivision
thereof engaged in providing emergency medical care and the transporta-
tion of sick or injured persons by motor vehicle, aircraft or other
forms of transportation to, from, or between general hospitals or other
health care facilities.
3. "Voluntary ambulance service" means an ambulance service (i) oper-
ating not for pecuniary profit or financial gain, and (ii) no part of
the assets or income of which is distributable to, or enures to the
benefit of, its members, directors or officers except to the extent
permitted under this article.
S. 6260--A 44 A. 9060--A
4. "Voluntary advanced life support first response service" means
advanced life support first response service (i) operating not for pecu-
niary profit or financial gain, and (ii) no part of the assets or income
of which is distributable to, or enures to the benefit of, its members,
directors or officers except to the extent permitted under this article.
5. "Certified first responder" means an individual who meets the mini-
mum TRAINING, EDUCATION AND CERTIFICATION requirements established by
[regulations pursuant to section three thousand two of this article] THE
COMMISSIONER and who is responsible for administration of initial life
saving care of sick and injured persons.
6. "Emergency medical technician" means an individual who meets the
minimum TRAINING, EDUCATION AND CERTIFICATION requirements established
by [regulations pursuant to section three thousand two of this article]
THE COMMISSIONER and who is responsible for administration or super-
vision of initial emergency medical care and transportation of sick or
injured persons.
7. "Advanced emergency medical technician" means an emergency medical
technician who [has satisfactorily completed an advanced course of
training approved by the state council under regulations pursuant to
section three thousand two of this article] MEETS THE MINIMUM TRAINING,
EDUCATION AND CERTIFICATION REQUIREMENTS ESTABLISHED BY THE COMMISSIONER
AND WHO IS RESPONSIBLE FOR ADMINISTRATION OR SUPERVISION OF ADVANCED
EMERGENCY MEDICAL CARE AND TRANSPORTATION OF SICK OR INJURED PERSONS.
8. "State [council] BOARD" means the New York state emergency medical
services [council] ADVISORY BOARD established pursuant to this article.
9. "Regional [council] BOARD" means a regional emergency medical
services [council] ADVISORY BOARD established pursuant to this article.
10. "Enrolled member" means any member of a voluntary ambulance
service or voluntary advanced life support first response service who
provides emergency medical care or transportation of sick or injured
persons without expectation of monetary compensation.
11. "Advanced life support care" means definitive acute medical care
provided, under medical control, by advanced emergency medical techni-
cians within an advanced life support system.
12. "Advanced life support system" means an organized acute medical
care system to provide advanced life support care on site or en route
to, from, or between general hospitals or other health care facilities.
13. "Advanced life support mobile unit" means an ambulance or advanced
life support first response vehicle approved to provide advanced life
support services pursuant to this article.
14. "Qualified medical and health personnel" means physicians, regis-
tered professional nurses and advanced emergency medical technicians
competent in the management of patients requiring advanced life support
care.
15. "Medical control" means: (a) advice and direction provided by a
physician or under the direction of a physician to certified first
responders, emergency medical technicians or advanced emergency medical
technicians who are providing medical care at the scene of an emergency
or en route to a health care facility; and (b) indirect medical control
including the written policies, procedures, and protocols for prehospi-
tal emergency medical care and transportation developed by [the state
emergency medical advisory committee, approved by the state emergency
medical services council and] the commissioner, and implemented by
regional EMERGENCY medical advisory committees.
16. "Regional EMERGENCY medical advisory committee" means a group of
five or more physicians, and one or more non-voting individuals repre-
S. 6260--A 45 A. 9060--A
sentative of each of the following: hospitals, basic life support
providers, advanced life support providers and emergency medical
services training sponsor medical directors approved by the affected
regional [emergency medical services councils] BOARDS.
17. "Advanced life support first response service" means an organiza-
tion which provides advanced life support care, but does not transport
patients.
18. ["EMS program agency" means a not-for-profit corporation or muni-
cipality designated by the state council and approved by the affected
regional council or councils to facilitate the development and operation
of an emergency medical services system within a region as directed by
the regional council under this article.
19.] "Operator" means any person who by reason of a direct or indirect
ownership interest (whether of record or beneficial) has the ability,
acting either alone or in concert with others with ownership interests,
to direct or cause the direction of the management or policies of an
ambulance service or advanced life support first response service.
19. "MUTUAL AID" MEANS THE PRE-PLANNED AND ORGANIZED RESPONSE OF EMER-
GENCY MEDICAL SERVICES, AND OTHER EMERGENCY PERSONNEL AND EQUIPMENT, TO
A REQUEST FOR ASSISTANCE IN AN EMERGENCY WHEN LOCAL RESOURCES HAVE BEEN
EXPENDED. THE RESPONSE IS PREDICATED ON FORMAL AGREEMENTS AMONG PARTIC-
IPATING AGENCIES OR JURISDICTIONS.
20. "Mutual aid agreement" means a written agreement, entered into by
two or more ambulance services or advanced life support first response
services possessing valid [ambulance service or advanced life support
first response service certificates or statements of registration] OPER-
ATING AUTHORITY, FIRE SERVICES AS DEFINED BY SECTION TWO HUNDRED NINE-B
OF THE GENERAL MUNICIPAL LAW, OR THE GOVERNING BODY OF ANY CITY, TOWN OR
VILLAGE, for the organized, SUPERVISED, coordinated, and cooperative
reciprocal mobilization of personnel, equipment, services, or facilities
for [back-up or support upon request as required pursuant to a written
mutual aid plan] OUTSIDE SERVICE UPON REQUEST. An ambulance service and
advanced life support first response service may participate in one or
more mutual aid agreements.
21. "Primary territory" means the geographic area or subdivisions
listed on an ambulance OR ADVANCED LIFE SUPPORT FIRST RESPONSE service
certificate [or statement of registration within which the ambulance
service may receive patients for transport].
22. "STATEWIDE EMS MOBILIZATION PLAN" MEANS AN ESTABLISHED PLAN FOR
THE FORMAL AND UNIFORM NOTIFICATION AND ACTIVATION OF AMBULANCE OR
ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICES.
23. "COUNTY MUTUAL AID PLAN" MEANS A WRITTEN MUTUAL AID AGREEMENT,
ENTERED INTO BY TWO OR MORE AMBULANCE SERVICES OR ADVANCED LIFE SUPPORT
FIRST RESPONSE SERVICES POSSESSING VALID OPERATING AUTHORITY, FIRE
SERVICES AS DEFINED BY SECTION TWO HUNDRED NINE-B OF THE GENERAL MUNICI-
PAL LAW, OR THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE, FACILITATED
OR COORDINATED BY THE COUNTY FOR THE ORGANIZED, SUPERVISED, COORDINATED,
AND COOPERATIVE RECIPROCAL MOBILIZATION OF PERSONNEL, EQUIPMENT,
SERVICES, OR FACILITIES FOR OUTSIDE SERVICE UPON REQUEST FOR THE
PURPOSES OF PROVIDING EMERGENCY MEDICAL TREATMENT AND/OR TRANSPORTATION.
S 80. Section 3002 of the public health law is REPEALED and a new
section 3002 is added to read as follows:
S 3002. NEW YORK STATE EMERGENCY MEDICAL SERVICES ADVISORY BOARD. 1.
THERE IS HEREBY CREATED WITHIN THE DEPARTMENT OF HEALTH THE NEW YORK
STATE EMERGENCY MEDICAL SERVICES ADVISORY BOARD. THE BOARD SHALL CONSIST
OF TWENTY-THREE MEMBERS, APPOINTED BY THE COMMISSIONER, WHO SHALL BE
S. 6260--A 46 A. 9060--A
REPRESENTATIVE OF THE DIVERSITY OF THE EMERGENCY MEDICAL AND TRAUMA
SYSTEM IN THE STATE, PARTICULARLY REGARDING DIVERSITY IN GEOGRAPHY,
INDUSTRY AND PATIENT CARE. MEMBERS SHALL SERVE AT THE PLEASURE OF THE
COMMISSIONER FOR THREE YEAR TERMS, EXCEPT THAT THE TERM OF ELEVEN OF THE
INITIAL ADVISORY MEMBERS SHALL BE FOR TWO YEARS; PROVIDED THAT A MEMBER
SHALL CONTINUE TO SERVE IN FULL CAPACITY UNTIL SUCH TIME AS THE MEMBER
RESIGNS, IS REMOVED OR REPLACED. NO PERSON MAY SERVE AS A MEMBER FOR
MORE THAN TWO CONSECUTIVE TERMS TOTAL. THE COMMISSIONER SHALL APPOINT A
CHAIR AND A VICE-CHAIR. MEMBERS OF THE STATE BOARD SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES AS MEMBERS.
2. NO CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER,
OFFICER OR EMPLOYEE OF THE STATE BOARD FOR ANY ACT DONE, FAILURE TO ACT,
OR STATEMENT OR OPINION MADE, WHILE DISCHARGING HIS OR HER DUTIES AS A
MEMBER, OFFICER OR EMPLOYEE OF THE STATE BOARD, WITHOUT LEAVE FROM A
JUSTICE OF THE SUPREME COURT, FIRST HAD AND OBTAINED. IN NO EVENT SHALL
SUCH MEMBER, OFFICER OR EMPLOYEE BE LIABLE FOR DAMAGES IN ANY SUCH
ACTION IF HE OR SHE SHALL HAVE ACTED IN GOOD FAITH, WITH REASONABLE CARE
AND UPON PROBABLE CAUSE.
3. THE STATE BOARD SHALL ADVISE THE DEPARTMENT ON ISSUES RELATED TO
EMERGENCY MEDICAL SERVICES, PEDIATRIC CARE, TRAUMA CARE AND DISASTER
CARE, AND ASSIST IN THE COORDINATION OF SUCH, INCLUDING BUT NOT LIMITED
TO THE DEVELOPMENT, PERIODIC REVISION, AND APPLICATION OF RULES AND
REGULATIONS, APPROPRIATENESS REVIEW STANDARDS, AND QUALITY IMPROVEMENT
GUIDELINES, AS THE COMMISSIONER AND THE DEPARTMENT MAY REQUEST. THE
STATE BOARD SHALL HAVE THE SAME AUTHORITY GRANTED TO REGIONAL BOARDS BY
THE ARTICLE IN ANY REGION OF THE STATE IN WHICH A REGIONAL BOARD HAS NOT
BEEN ESTABLISHED. THE STATE BOARD MAY MEET AS FREQUENTLY AS REQUESTED BY
THE DEPARTMENT.
4. UPON APPEAL FROM ANY CONCERNED PARTY, THE STATE BOARD MAY RECOMMEND
AMENDMENT, MODIFICATION AND REVERSAL OF DETERMINATIONS OF THE REGIONAL
BOARDS AND REGIONAL EMERGENCY MEDICAL ADVISORY COMMITTEES MADE PURSUANT
TO ANY SECTION OF THIS ARTICLE. THE COMMISSIONER SHALL REVIEW ALL RECOM-
MENDATIONS OF THE STATE BOARD AND MAY APPROVE, DISAPPROVE OR MODIFY SUCH
RECOMMENDATIONS. ALL RECOMMENDATIONS APPROVED, DISAPPROVED OR MODIFIED
BY THE COMMISSIONER SHALL BE SUBJECT TO REVIEW AS PROVIDED IN ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. APPLICATION FOR SUCH
REVIEW MUST BE MADE WITHIN SIXTY DAYS AFTER SERVICE IN PERSON OR BY
REGISTERED OR CERTIFIED MAIL.
5. THE COMMISSIONER MAY APPOINT A TECHNICAL ADVISORY GROUP TO COMPILE
AND REVIEW DATA, DRAFT DOCUMENTS, OR PERFORM OTHER TASKS RELATED TO THE
DISCOVERY OR PRODUCTION OF INFORMATION NEEDED IN ORDER FOR THE STATE
BOARD TO PROPERLY CONSIDER A MATTER. TECHNICAL ADVISORY GROUPS SHALL BE
APPOINTED ONLY FOR A LIMITED AND DEFINED PERIOD OF TIME IN THE PERFORM-
ANCE OF A SPECIFIC TASK IN RELATION TO A SPECIFIC MATTER. INFORMATION
OBTAINED OR PRODUCED BY THE TECHNICAL ADVISORY GROUP SHALL BE PROVIDED
TO AND EXAMINED BY THE STATE ADVISORY BOARD.
S 81. Section 3002-a of the public health law is REPEALED.
S 82. Section 3003 of the public health law, as added by chapter 1053
of the laws of 1974, subdivision 1 as amended by chapter 1054 of the
laws of 1974, subdivisions 2 and 5 as amended by chapter 445 of the laws
of 1993, subdivisions 3 and 5-a as added and paragraph (a) of subdivi-
sion 10 as amended by chapter 804 of the laws of 1992, subdivision 4 as
amended by chapter 580 of the laws of 2007 and subdivision 10 as added
by chapter 1016 of the laws of 1981, is amended to read as follows:
S 3003. Regional emergency medical services [councils] ADVISORY
BOARDS. 1. The commissioner[, with the approval of the state council,]
S. 6260--A 47 A. 9060--A
shall designate regional emergency medical services [councils on or
before January first, nineteen hundred seventy-eight] BOARDS but in no
event shall the number of regional [councils] BOARDS exceed [eighteen]
SIX. Such A regional [councils] BOARD shall be established on the basis
of application for designation as A regional [councils] BOARD submitted
by local organizations, the members of which are knowledgeable in vari-
ous aspects of emergency medical services. Such application shall
describe the geographic area to be served and contain a list of nominees
for appointment to membership on such regional [councils] BOARD and a
statement as to the proposed method of operation in such detail as the
commissioner[, with the approval of the state council,] shall prescribe.
2. Each regional [council] BOARD shall be comprised of at least
fifteen but not more than thirty members to be initially appointed by
the commissioner, [with the approval of the state council] IN CONSULTA-
TION WITH THE STATE BOARD, from nominations submitted by local organiza-
tions applying for establishment as the regional [council] BOARD. SUCH
MEMBERS SHALL BE REPRESENTATIVE OF THE DIVERSITY OF EMERGENCY MEDICAL
SERVICES IN THE REGION; PARTICULARLY WITH RESPECT TO DIVERSITY IN
GEOGRAPHY, INDUSTRY AND PATIENT CARE. Not less than one-third of the
membership of the regional [councils] BOARDS shall be representatives of
ambulance services and the remaining membership of the regional [coun-
cils] BOARDS shall consist of, but not be limited to, representatives of
existing local emergency medical care committees, physicians, nurses,
hospitals, health planning agencies, fire department emergency and
rescue squads, public health officers and the general public. The county
EMS coordinator, established pursuant to section two hundred twenty-
three-b of the county law, of any county within the region shall serve
as an ex officio member of the regional [council] BOARD; provided,
however, nothing in this subdivision shall prevent a county EMS coordi-
nator from serving as a voting member of a regional [council] BOARD.
Members of each regional [council] BOARD shall be residents living with-
in the geographic area to be served by the regional [council] BOARD. The
presence of a majority of members shall constitute a quorum.
3. Each regional [council] BOARD shall ASSIST THE REGIONAL EMERGENCY
MEDICAL ADVISORY COMMITTEES, OTHER REGIONAL BOARDS, STATE BOARD, DEPART-
MENT AND COMMISSIONER, AS REQUIRED BY THIS ARTICLE AND REQUESTED BY THE
DEPARTMENT AND COMMISSIONER, IN CARRYING OUT THE PROVISIONS OF THIS
ARTICLE, AND SHALL have the power to:
(a) [have a seal and alter the same at pleasure;
(b) acquire, lease, hold, and dispose of real and personal property or
any interest therein for its purposes;
(c) make and alter by-laws for its organization and internal manage-
ment, and rules and regulations governing the exercise of its powers and
the fulfillment of its purposes under this article; such rules and regu-
lations must be filed with the secretary of state and the state EMS
council;
(d) enter into contracts for employment of such officers and employees
as it may require for the performance of its duties; and to fix and
determine their qualifications, duties, and compensation, and to retain
and employ such personnel as may be required for its purposes; and
private consultants on a contract basis or otherwise, for the rendering
of professional or technical services and advice;
(e) enter into contracts, leases, and subleases and to execute all
instruments necessary or convenient for the conduct of its business,
including contracts with the commissioner and any state agency or munic-
S. 6260--A 48 A. 9060--A
ipal entity; and contracts with hospitals and physicians for the
purposes of carrying out its powers under this article;
(f)] undertake or cause to be undertaken plans, surveys, analyses and
studies necessary, convenient or desirable for the effectuation of its
purposes and powers, and to prepare recommendations and reports in
regard thereto;
[(g)] (B) fix and collect reasonable fees, rents, and other charges
for the use of its equipment and the provision of its services;
[(h) contract for and to accept any gifts or grants, subsidies, or
loans of funds or property, or financial or other aid in any form from
the federal or state government or any agency or instrumentality there-
of; or from any other source, public or private, and to comply, subject
to the provisions of this article, with the terms and conditions there-
of; provided, however, that the councils may contract for payment of
debt evidenced by bonds or notes or other evidence of indebtedness,
either directly or through a lease purchase agreement;
(i)] (C) recommend to the department approval of training course spon-
sors within its region, and to develop, promulgate and implement annual-
ly an EMS training plan which addresses the needs of its region;
[(j)] (D) enter into [contracts or memoranda of agreement] AGREEMENTS
with other regional [councils] BOARDS to provide services in a joint or
cooperative manner; and [to enter into contracts or memoranda of agree-
ment with an EMS program agency to carry out one or more of its respon-
sibilities under this article;
(k) procure insurance against any loss or liability in connection with
the use, management, maintenance, and operation of its equipment and
facilities, in such amounts and from such insurers as it reasonably
deems necessary;
(l) approve] (E) RECOMMEND TO THE COMMISSIONER INDIVIDUALS FOR
APPOINTMENT TO ITS regional medical advisory committee [nominees;
(m) provide focused technical assistance and support to those volun-
tary ambulance services operating under exemptions, to assist such
services in progressing toward the uniform standards established pursu-
ant to this section. Such assistance and support shall include, but not
be limited to, volunteer recruitment and management training; and
(n) do all things necessary, convenient and desirable to carry out its
purposes and for the exercise of the powers granted in this article].
4. Each regional [council] BOARD shall have the responsibility to
coordinate emergency medical services programs within its region,
including but not limited to, the establishment of emergency medical
technician courses and the issuance of uniform emergency medical techni-
cian insignia and certificates. Such training courses shall be made
available by video or computer to the maximum extent possible.
5. [The] EACH regional [council] BOARD shall have the responsibility
to make determinations of public need for the establishment of addi-
tional emergency medical services and ambulance services WITHIN ITS
GEOGRAPHIC AREA and to make the determinations of public need as
provided in section three thousand eight OF THIS ARTICLE. The regional
[council] BOARD shall make such determination by an affirmative vote of
a majority of all of those members consisting of voting members.
[5-a. The regional emergency medical services council is authorized to
grant an exemption from the staffing standards set forth in section
three thousand five-a of this article to a voluntary ambulance service
operating solely with enrolled members or paid emergency medical techni-
cians which has demonstrated a good faith effort to meet the standards
and is unable to meet such standards because of factors deemed appropri-
S. 6260--A 49 A. 9060--A
ate by the regional council. An exemption shall be for a period not to
exceed two years and shall be conditioned on the participation by the
voluntary service in a program to achieve compliance which shall include
technical assistance and support from the regional council tailored to
the needs and resources at the local level, as provided by paragraph (m)
of subdivision three of this section, to be funded by the New York state
emergency medical services training account established pursuant to
section ninety-seven-q of the state finance law, such account as funded
by a chapter of the laws of nineteen hundred ninety-three. Nothing shall
prevent the regional council from issuing subsequent exemptions. Such
exemptions shall have no effect whatsoever on the insurability of the
organization receiving such exemption and such exemption shall not be
used as a basis for increasing insurance rates or premiums related ther-
eto, notwithstanding any other provision of law, rule, regulation, or
commissioner's ruling or advisory to the contrary. Prior to issuing an
exemption, the regional council shall provide written notice by certi-
fied mail to the chief executive officers of all general hospitals and
municipalities in the county or counties within which the service
requesting an exemption operates. Such notice shall provide opportunity
for comment on the issuance of the exemption. Notice of the determi-
nation of the regional council shall be provided within ten days of the
determination to the applicant, the department, and any party receiving
notification of the application who requests notice of the determi-
nation. The applicant, the department, or any concerned party may appeal
the determination of the regional council to the state council within
thirty days after the regional council makes its determination.]
6. The term of office of members of [the] EACH regional [council]
BOARD shall be four years, except that of those members first appointed,
at least one-half but not more than two-thirds shall be for [terms] A
TERM not to exceed two years.
7. Each regional [council] BOARD shall meet as frequently as its busi-
ness may require.
8. [The commissioner, upon request of the regional council, may desig-
nate an officer or employee of the department to act as secretary of the
regional council, and may assign from time to time such other employees
as the regional council may require.
9.] No civil action shall be brought in any court against any member,
officer or employee of any designated regional [council] BOARD for any
act done, failure to act, or statement or opinion made, while discharg-
ing his duties as a member, officer or employee of the regional [coun-
cil] BOARD, without leave from a justice of the supreme court, first had
and obtained. In any event such member, officer or employee shall not be
liable for damages in any such action if he shall have acted in good
faith, with reasonable care and upon probable cause.
[10. (a) The department shall provide each regional council with the
funds necessary to enable such regional council to carry out its respon-
sibilities as mandated under this section within amounts appropriated
therefor.
(b) Such funds shall be provided upon approval by the department of an
application submitted by a regional council. The application shall
contain such information and be in such form as the commissioner shall
require pursuant to rules and regulations which he shall promulgate
after consultation with the state council in order to effect the
purposes and provisions of this subdivision.]
S. 6260--A 50 A. 9060--A
9. ALL DETERMINATIONS OF THE REGIONAL BOARDS MAY BE APPEALED TO THE
STATE BOARD PURSUANT TO SUBDIVISION THREE OF SECTION THREE THOUSAND TWO
OF THIS ARTICLE.
S 83. Section 3003-a of the public health law is REPEALED.
S 84. Section 3004-a of the public health law, as added by chapter 804
of the laws of 1992, subdivision 4 as added by chapter 445 of the laws
of 1993, is renumbered section 3004 and amended to read as follows:
S 3004. Regional emergency medical advisory committees. 1. Regional
emergency medical advisory committees shall develop policies, proce-
dures, and triage, treatment, and transportation protocols FOR EMERGENCY
MEDICAL SERVICES which are consistent with the STATE-WIDE MINIMUM stand-
ards [of the state emergency medical advisory committee] ESTABLISHED BY
THE COMMISSIONER IN CONSULTATION WITH THE STATE BOARD, and which address
specific local conditions. Regional emergency medical advisory commit-
tees may also approve physicians to provide on line medical control,
coordinate the development of regional medical control systems, and
participate in quality improvement activities addressing system-wide
concerns. Hospitals and prehospital medical care services shall be
authorized to release patient outcome information to regional emergency
medical advisory committees for purposes of assessing prehospital care
concerns. Regional quality improvement programs shall be presumed to be
an extension of the quality improvement program set forth in section
three thousand six of this article, and the provisions of subdivisions
two and three of such section three thousand six shall apply to such
programs.
2. [The committee shall nominate to the commissioner a physician with
demonstrated knowledge and experience in emergency medical services to
serve on the state emergency medical advisory committee.
3.] No civil action shall be brought in any court against any member,
officer or employee of the committee for any act done, failure to act,
or statement or opinion made, while discharging his or her duties as a
member, officer, or employee of the committee, without leave from a
justice of the supreme court, first had and obtained. In no event shall
such member, officer, or employee be liable for damages in any such
action if he or she shall have acted in good faith, with reasonable care
and upon probable cause.
[4.] 3. Any decision of a regional emergency medical advisory commit-
tee regarding provision of a level of care, including staffing require-
ments, may be appealed to the state [emergency medical advisory commit-
tee] BOARD by any regional [EMS council] BOARD, ambulance service,
advanced life support service, certified first responder, emergency
medical technician, or advanced emergency medical technician adversely
affected. No action shall be taken to implement a decision regarding
existing levels of care or staffing while an appeal of such decision is
pending. [Any decision of the state emergency medical advisory committee
may be appealed pursuant to subdivision two-a of section three thousand
two-a of this article.]
S 85. Section 3005 of the public health law, as amended by chapter 804
of the laws of 1992, subdivision 5 as amended and subdivision 8 as added
by chapter 445 of the laws of 1993, is amended to read as follows:
S 3005. Ambulance service certificates. 1. No ambulance service [oper-
ating for profit, hospital ambulance service or municipal ambulance
service of a city of over one million population shall operate on or
after September first, nineteen hundred seventy-five unless it possesses
a valid ambulance service certificate issued pursuant to this article.
Effective January first, nineteen hundred ninety-seven, no ambulance
S. 6260--A 51 A. 9060--A
service shall be operated unless it possesses a valid ambulance service
operating certificate issued pursuant to this article or has been issued
a statement of registration. No advanced life support first response
service shall operate unless it possesses a valid advanced life support
first responder service operating certificate. Effective January first,
two thousand, no ambulance service] OR ADVANCE LIFE SUPPORT FIRST
RESPONSE SERVICE shall be operated unless it possesses a valid operating
certificate.
2. [The department shall issue an initial certificate to an ambulance
service certified prior to the effective date of this section upon
submission of proof that it is the holder of a valid ambulance service
certificate and is otherwise in compliance with provisions of section
three thousand nine of this article.
2-a. Prior to January first, two thousand, the department shall issue
an initial certificate to a registered ambulance service in possession
of a valid registration provided that such service has been issued an
exemption issued by a regional council pursuant to subdivision five-a of
section three thousand three of this article.
3. The department shall issue an initial certificate to an advanced
life support first response service upon submission of proof that such
advanced life support first response service is staffed and equipped in
accordance with rules and regulations promulgated pursuant to this arti-
cle and is otherwise in compliance with provisions of section three
thousand nine of this article.
4.] A certificate issued BY THE DEPARTMENT to an ambulance service or
advanced life support first response service shall be valid for two
years. The initial certification fee shall be one hundred dollars. Ther-
eafter the biennial fee shall be in accordance with the schedule of fees
established by the commissioner pursuant to this article. However, there
shall be no initial or renewal certification fee required of a voluntary
ambulance service or voluntary advanced life support first response
service.
[5.] 3. No initial certificate [(except initial certificates issued
pursuant to subdivision two of this section)] shall be issued unless the
commissioner finds that the proposed operator or operators are competent
and fit to operate the service and that the ambulance service or
advanced life support first response service is staffed and equipped in
accordance with rules and regulations promulgated pursuant to this arti-
cle.
[6.] 4. No ambulance service or advanced life support first response
service shall begin operation without prior approval of the appropriate
regional [council] BOARD, or if there is no appropriate regional [coun-
cil] BOARD established such ambulance service or advanced life support
first response service shall apply for approval from the state [council]
BOARD as to the public need for the establishment of additional ambu-
lance service or advanced life support first response service, pursuant
to section three thousand eight of this article.
[7.] 5. Applications for a certificate shall be made by the owner of
an ambulance service or advanced life support first response service
operating for profit or the responsible official of a voluntary ambu-
lance service or advanced life support first response service upon forms
provided by the department. The application shall state the name and
address of the owner and PROVIDE such other information as the depart-
ment may require pursuant to rules and regulations.
[8.] 6. For purposes of this article, competent means that any
proposed operator of any ambulance service or advanced life support
S. 6260--A 52 A. 9060--A
first response service who is already or had been within the last ten
years an incorporator, director, sponsor, principal stockholder, or
operator of any ambulance service, hospital, private proprietary home
for adults, residence for adults, or non-profit home for the aged or
blind which has been issued an operating certificate by the state
department of social services, or a halfway house, hostel, or other
residential facility or institution for the care, custody, or treatment
of the mentally disabled subject to the approval by the department of
mental hygiene, or any invalid coach service subject to approval by the
department of transportation, is rendering or did render a substantially
consistent high level of care. For purposes of this subdivision, the
[state emergency medical services council] COMMISSIONER, IN CONSULTATION
WITH THE STATE BOARD, shall [adopt] PROMULGATE rules and regulations[,
subject to the approval of the commissioner,] to establish the criteria
to be used to define substantially consistent high level of care with
respect to ambulance services, advanced life support first response
services, and invalid coaches, except that the commissioner may not find
that a consistently high level of care has been rendered where there
have been violations of the state EMS code, or other applicable rules
and regulations, that (i) threatened to directly affect the health,
safety, or welfare of any patient, and (ii) were recurrent or were not
promptly corrected. For purposes of this article, the rules adopted by
the state [hospital review and planning council] PUBLIC HEALTH AND PLAN-
NING COUNCIL with respect to subdivision three of section twenty-eight
hundred one-a of this chapter shall apply to other types of operators.
Fit means that the operator or proposed operator (a) has not been
convicted of a crime or pleaded nolo contendere to a felony charge
involving murder, manslaughter, assault, sexual abuse, theft, robbery,
fraud, embezzlement, drug abuse, or sale of drugs and (b) is not or was
not subject to a state or federal administrative order relating to fraud
or embezzlement, unless the commissioner finds that such conviction or
such order does not demonstrate a present risk or danger to patients or
the public.
S 86. Section 3005-a of the public health law, as added by chapter 804
of the laws of 1992, subdivision 1 as amended by chapter 445 of the laws
of 1993, is amended to read as follows:
S 3005-a. Staffing standards; ambulance services and advanced life
support first response services. [1.] The following staffing standards
shall be in effect unless otherwise provided by this section:
[(a) effective January first, nineteen hundred ninety-seven the mini-
mum staffing standard for a registered ambulance service shall be a
certified first responder with the patient;
(b) effective January first, two thousand, the] 1. THE minimum staff-
ing standard for [a voluntary] EACH ambulance service shall be an emer-
gency medical technician with the patient;
[(c) the minimum staffing standard for all other ambulance services
shall be an emergency medical technician with the patient; and
(d)] 2. the minimum staffing standard for an advanced life support
first response service shall be an advanced emergency medical technician
with the patient. Circumstances permitting other than advanced life
support care by an advanced life support first response service may be
established by rule PROMULGATED by [the state council, subject to the
approval of] the commissioner, IN CONSULTATION WITH THE STATE BOARD.
[2. Any service granted an exemption by the regional council pursuant
to subdivision five-a of section three thousand three of this article
shall be subject to the standards and terms of the exemption.
S. 6260--A 53 A. 9060--A
3. Notwithstanding any other provision of this article, the effective
date of the standards established by this section shall be delayed by
one year for each fiscal year, prior to January first, two thousand, in
which the amounts appropriated are less than that which would have been
expended pursuant to the provisions of section ninety-seven-q of the
state finance law.]
S 87. Section 3005-b of the public health law, as added by chapter 563
of the laws of 2001, subdivision 2 as amended by chapter 643 of the laws
of 2006, is amended to read as follows:
S 3005-b. Emergency medical technician five year re-certification
demonstration program. 1. There is hereby created within the department
a demonstration program (referred to in this section as the "program")
to allow emergency medical technicians and advanced emergency medical
technicians who have been in continuous practice and who have demon-
strated competence in applicable behavioral and performance objectives,
to be re-certified for a five year period. No person shall be re-certi-
fied under the program unless he or she has completed at least one
hundred thirty hours of instruction in emergency medical services as
approved by the commissioner including but not limited to pediatrics,
geriatrics, environmental emergencies, legal issues, emergency vehicle
operations course and medical emergencies. [Renewals of certification
under the program shall be deemed equivalent to renewals under subdivi-
sion two of section three thousand two of this article.]
2. The program shall be limited to persons who are employed by the New
York city fire department [or who are in practice in the following coun-
ties: Delaware, Fulton, Hamilton, Montgomery, Nassau, Otsego, Schoharie
or Suffolk]. The commissioner may limit the number of participants in
the program, except that such limit shall be no less than four thousand
participants.
[3. Within a year after implementing the program and annually there-
after, the commissioner shall report to the governor and the legislature
on the impact of the program on the quality of patient care and the
effectiveness of the program in retaining and recruiting certified emer-
gency medical technicians and advanced emergency medical technicians.
4. The commissioner, in consultation with the state emergency medical
services council, shall make regulations necessary to implement this
section.]
S 88. Section 3006 of the public health law, as added by chapter 804
of the laws of 1992, subdivision 1 as amended and subdivision 4 as added
by chapter 445 of the laws of 1993, is amended to read as follows:
S 3006. Quality improvement program. 1. [By January first, nineteen
hundred ninety-seven, every] EVERY ambulance service and advanced life
support first response service shall establish or participate in a qual-
ity improvement program, which shall be an ongoing system to monitor and
evaluate the quality and appropriateness of the medical care provided by
the ambulance service or advanced life support first response service,
and which shall pursue opportunities to improve patient care and to
resolve identified problems. The quality improvement program may be
conducted independently or in collaboration with other services, with
the appropriate regional [council, with an EMS program agency] BOARD,
with a hospital, or with another appropriate organization approved by
the department. Such program shall include a committee of at least five
members, at least three of whom do not participate in the provision of
care by the service. At least one member shall be a physician, and the
others shall be nurses, or emergency medical technicians, or advanced
emergency medical technicians, or other appropriately qualified allied
S. 6260--A 54 A. 9060--A
health personnel. The quality improvement committee shall have the
following responsibilities:
(a) to review the care rendered by the service, as documented in
prehospital care reports and other materials. The committee shall have
the authority to use such information to review and to recommend to the
governing body changes in administrative policies and procedures, as may
be necessary, and shall notify the governing body of significant defi-
ciencies;
(b) to periodically review the credentials and performance of all
persons providing emergency medical care on behalf of the service;
(c) to periodically review information concerning compliance with
standard of care procedures and protocols, grievances filed with the
service by patients or their families, and the occurrence of incidents
injurious or potentially injurious to patients. A quality improvement
program shall also include participation in the department's prehospital
care reporting system and the provision of continuing education programs
to address areas in which compliance with procedures and protocols is
most deficient and to inform personnel of changes in procedures and
protocols. Continuing education programs may be provided by the service
itself or by other organizations; and
(d) to present data to the regional EMERGENCY medical advisory commit-
tee and to participate in system-wide evaluation.
1-A. THE DEPARTMENT SHALL DEVELOP AND MAINTAIN STATEWIDE AND REGIONAL
QUALITY IMPROVEMENT PROGRAMS FOR TRAUMA AND DISASTER CARE, WHICH SHALL
BE INTEGRATED WITH THE QUALITY IMPROVEMENT PROGRAM FOR EMERGENCY MEDICAL
SERVICES, AND INCORPORATE QUALITY IMPROVEMENT PROGRAMS FROM ALL COMPO-
NENTS OF THE TRAUMA SYSTEM, INCLUDING, BUT NOT LIMITED TO, FULLY INTE-
GRATED STATEWIDE AND REGIONAL TRAUMA REGISTRIES.
2. The information required to be collected and maintained, including
[information from the prehospital care reporting system which identifies
an individual] PATIENT IDENTIFYING INFORMATION AND PROTECTED HEALTH
INFORMATION, shall be kept confidential and shall not be released except
to the department or pursuant to section three thousand [four-a] FOUR of
this article.
3. Notwithstanding any other provisions of law, none of the MEDICAL
records, documentation, or [committee] actions or records required OF
ANY QUALITY IMPROVEMENT COMMITTEE pursuant to this section shall be
subject to disclosure under article six of the public officers law or
article thirty-one of the civil practice law and rules, except as here-
inafter provided or as provided in any other provision of law. No person
in attendance at a meeting of any [such] QUALITY IMPROVEMENT committee
shall be required to testify as to what transpired thereat. The prohi-
bition related to disclosure of testimony shall not apply to the state-
ments made by any person in attendance at such a meeting who is a party
to an action or proceeding the subject of which was reviewed at the
meeting. The prohibition of disclosure of information from the prehos-
pital care reporting system shall not apply to information which does
not identify a particular ambulance service or individual.
4. Any person who in good faith and without malice provides informa-
tion to further the purpose of this section or who, in good faith and
without malice, participates on the quality improvement committee shall
not be subject to any action for civil damages or other relief as a
result of such activity.
S 89. Section 3008 of the public health law, as added by chapter 1053
of the laws of 1974, subdivisions 1 and 2 as amended by chapter 804 of
the laws of 1992, subdivision 3 as amended by chapter 252 of the laws of
S. 6260--A 55 A. 9060--A
1981, subdivision 6 as added by chapter 850 of the laws of 1992 and
subdivision 7 as added by chapter 510 of the laws of 1997, is amended to
read as follows:
S 3008. Applications for determinations of public need. 1. Every
application for a determination of public need shall be made in writing
to the appropriate regional [council] BOARD, shall specify the primary
territory within which the applicant requests to operate, be verified
under oath, and shall be in such form and contain such information as
required by the rules and regulations promulgated pursuant to this arti-
cle.
2. Notice of the application shall be forwarded by registered or
certified mail by the appropriate regional [council] BOARD to the chief
executive officers of all general hospitals, ambulance services, and
municipalities operating within the same county or counties where the
services seeks to operate. The notice shall provide opportunity for
comment.
3. Notice pursuant to this section shall be deemed filed with the
ambulance service and municipality upon being mailed by the appropriate
regional BOARD or state [council] BOARD by registered or certified mail.
4. The appropriate regional [council] BOARD or the state [council]
BOARD shall make its determination of public need within sixty days
after receipt of the application.
5. The applicant or any concerned party may appeal the determination
of the appropriate regional [council] BOARD to the state council within
thirty days after the regional [council] BOARD makes its determination.
6. In the case of an application for certification under this article
by a municipal ambulance service to serve the area within the munici-
pality, and the municipal ambulance service meets appropriate training,
staffing and equipment standards, there should be a presumption in favor
of approving the application.
7. (a) Notwithstanding any other provision of law and subject to the
provisions of this article, any municipality within this state, or fire
district acting on behalf of any such municipality, and acting through
its local legislative body, is hereby authorized and empowered to adopt
and amend local laws, ordinances or resolutions to establish and operate
advanced life support first [responder] RESPONSE services or municipal
ambulance services within the municipality, upon meeting or exceeding
all standards set by the department for appropriate training, staffing
and equipment, and upon filing with the [New York state emergency
medical services council] DEPARTMENT, a written request for such author-
ization. Upon such filing, such municipal advanced life support first
[responder] RESPONSE service or municipal ambulance service shall be
deemed to have satisfied any and all requirements for determination of
public need for the establishment of additional emergency medical
services pursuant to this article for a period of two years following
the date of such filing. Nothing in this article shall be deemed to
exclude the municipal advanced life support first [responder] RESPONSE
service or municipal ambulance service authorized to be established and
operated pursuant to this article from complying with any other require-
ment or provision of this article or any other applicable provision of
law.
(b) In the case of an application for certification pursuant to this
subdivision, for a municipal advanced life support or municipal ambu-
lance service, to serve the area within the municipality, where the
proposed service meets or exceeds the appropriate training, staffing and
S. 6260--A 56 A. 9060--A
equipment standards, there shall be a strong presumption in favor of
approving the application.
S 90. Section 3009 of the public health law is REPEALED.
S 91. Section 3010 of the public health law, as amended by chapter 804
of the laws of 1992, subdivision 1 as amended by chapter 588 of the laws
of 1993 and subdivisions 2 and 3 as amended by chapter 445 of the laws
of 1993, is amended to read as follows:
S 3010. Area of operation; transfers. 1. Every ambulance OR ADVANCED
LIFE SUPPORT FIRST RESPONSE service certificate [or statement of regis-
tration] issued under this article shall specify the primary territory
within which the ambulance service shall be permitted to operate. An
ambulance OR ADVANCED LIFE SUPPORT FIRST RESPONSE service shall receive
patients only within the primary territory specified on its ambulance OR
ADVANCED LIFE SUPPORT FIRST RESPONSE service certificate [or statement
of registration], except: (a) when receiving a patient which it initial-
ly transported to a facility or location outside its primary territory;
(b) as required for the fulfillment of a mutual aid agreement authorized
by the regional [council] BOARD, DEPARTMENT AND COMMISSIONER; (c) upon
express approval of the department and the appropriate regional [emer-
gency medical services council] BOARD for a maximum of sixty days if
necessary to meet an emergency need; provided that in order to continue
such operation beyond the sixty day maximum period necessary to meet an
emergency need, the ambulance service must satisfy the requirements of
this article, regarding determination of public need and specification
of the primary territory on the ambulance OR ADVANCED LIFE SUPPORT FIRST
RESPONSE service certificate [or statement of registration]; or (d) an
ambulance service or advanced life support first response service organ-
ization formed to serve the need for the provision of emergency medical
services in accordance with the religious convictions of a religious
denomination may serve such needs in an area adjacent to such primary
territory and, while responding to a call for such service, the needs of
other residents of such area at the emergency scene. Any ambulance OR
ADVANCED LIFE SUPPORT FIRST RESPONSE service seeking to operate in more
than one region shall make application to each appropriate regional
[council] BOARD. Whenever an application is made simultaneously to more
than one regional [council] BOARD, the applications submitted to the
regional [councils] BOARDS shall be identical, or copies of each appli-
cation shall be submitted to all the regional [councils] BOARDS
involved.
2. No ambulance OR ADVANCED LIFE SUPPORT FIRST RESPONSE service
certificate shall be transferable unless the regional [council] BOARD
and the department [reviews] REVIEW and [approves] APPROVE the transfer
as follows:
a. Any change in the individual who is the sole proprietor of an ambu-
lance service shall only be approved upon a determination that the
proposed new operator is competent and fit to operate the service.
b. Any change in a partnership which is the owner of an ambulance
service shall be approved based upon a determination that the new part-
ner or partners are competent and fit to operate the service. The
remaining partners shall not be subject to a character and fitness
review.
c. Any transfer, assignment or other disposition of ten percent or
more of the stock or voting rights thereunder of a corporation which is
the owner of an ambulance OR ADVANCED LIFE SUPPORT FIRST RESPONSE
service, or any transfer, assignment or other disposition of the stock
or voting rights thereunder of such a corporation which results in the
S. 6260--A 57 A. 9060--A
ownership or control of ten percent or more of the stock or voting
rights thereunder by any person, shall be approved based upon a determi-
nation that the new stockholder or stockholder proposing to obtain ten
percent or more of the stock or voting rights thereunder of such corpo-
ration is competent and fit to operate the service. The remaining stock-
holders shall not be subject to a character and fitness review.
d. Any transfer of all or substantially all of the assets of a corpo-
ration which owns or operates [a certified] AN ambulance OR ADVANCED
LIFE SUPPORT FIRST RESPONSE service shall be approved based upon a
determination that the individual, partnership, or corporation proposing
to obtain all or substantially all of the assets of the corporation is
competent and fit to operate the service.
e. Any transfer affected in the absence of the review and approval
required by this section shall be null and void and the certificate of
such ambulance OR ADVANCED LIFE SUPPORT FIRST RESPONSE service shall be
subject to revocation or suspension.
3. Nothing contained in this section shall be construed to prohibit
any voluntary ambulance service authorized by its governing authority to
do so from transporting any sick or injured resident of its primary
territory from any general hospital or other health care facility
licensed by the department, whether or not such general hospital or
health care facility is within the service's primary territory, to any
other general hospital or health care facility licensed by the depart-
ment for further care, or to such resident's home. Nothing contained in
this section shall be construed to prohibit any proprietary ambulance
service authorized by its governing body to do so from transporting any
sick or injured patient from any general hospital or other health care
facility licensed by the department whether or not such general hospital
or health care facility is within the service's primary territory, to
any other general hospital or health care facility licensed by the
department within the service's primary territory for further care, or
to such patient's home, if such patient's home is within its primary
territory. Any ambulance service owned by or under contract to a general
hospital licensed by the department may transport any specialty patient
from any other general hospital or health care facility licensed by the
department to the hospital owning such ambulance service, or with which
it has a contract. Categories of specialty patients shall be defined by
rule PROMULGATED by [the state emergency medical services council,
subject to the approval of] the commissioner.
4. No ambulance service certificate of an ambulance service which has
discontinued operations for a continuous period in excess of thirty days
shall be transferable without the approval of the appropriate regional
[council] BOARD AND THE DEPARTMENT.
S 92. Section 3011 of the public health law, as amended by chapter 804
of the laws of 1992, subdivision 3 as amended and subdivision 3-a as
added by chapter 501 of the laws of 2000, subdivision 10 as amended by
chapter 206 of the laws of 2008 and subdivision 11 as added by chapter
542 of the laws of 1995, is amended to read as follows:
S 3011. Powers and duties of the department and the commissioner. 1.
THE COMMISSIONER SHALL ISSUE CERTIFICATION FOR CERTIFIED FIRST RESPON-
DER, EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNI-
CIAN TO AN INDIVIDUAL WHO MEETS THE MINIMUM REQUIREMENTS ESTABLISHED BY
REGULATIONS.
2. THE COMMISSIONER SHALL ISSUE CERTIFICATION FOR AMBULANCE AND
ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICES WHO HAVE RECEIVED A DETER-
S. 6260--A 58 A. 9060--A
MINATION OF NEED BY THE APPROPRIATE REGIONAL ADVISORY BOARD AND MEET THE
MINIMUM REQUIREMENTS ESTABLISHED BY REGULATIONS.
3. The department may inquire into the operation of ambulance services
and advanced life support first response services and conduct periodic
inspections of facilities, communication services, vehicles, methods,
procedures, materials, [staff and] STAFFING, RECORDS, equipment AND
QUALITY ASSURANCE ACTIVITIES AND DOCUMENTATION. It may also evaluate
data received from ambulance services and advanced life support first
response services.
[2.] 4. The department may require ambulance services and advanced
life support first response services to submit periodic reports of calls
received, services performed and such other information as may be neces-
sary to carry out the provisions of this article.
[3.] 5. THE COMMISSIONER, IN CONSULTATION WITH THE STATE BOARD, SHALL
DEVELOP STATEWIDE MINIMUM STANDARDS FOR: (A) MEDICAL CONTROL; (B) SCOPE
OF PREHOSPITAL CARE PRACTICE; (C) TREATMENT, TRANSPORTATION AND TRIAGE
PROTOCOLS, INCLUDING PROTOCOLS FOR INVASIVE PROCEDURES AND INFECTION
CONTROL; AND (D) THE USE OF REGULATED MEDICAL DEVICES AND DRUGS BY EMER-
GENCY MEDICAL SERVICES PERSONNEL CERTIFIED PURSUANT TO THIS ARTICLE.
THE COMMISSIONER MAY ISSUE ADVISORY GUIDELINES IN ANY OF THESE AREAS.
THE DEPARTMENT SHALL REVIEW PROTOCOLS DEVELOPED BY REGIONAL EMERGENCY
MEDICAL ADVISORY COMMITTEES FOR CONSISTENCY WITH STATEWIDE STANDARDS.
6. The commissioner, [with the advice and consent of the state coun-
cil] IN CONSULTATION WITH THE STATE BOARD, shall designate not more than
[eighteen] SIX geographic areas within the state wherein a regional
[emergency medical services council] BOARD shall be established. In
making the determination of a geographic area, the commissioner shall
take into consideration the presence of ambulance services, hospital
facilities, existing emergency medical services committees, trained
health personnel, health planning agencies and communication and trans-
portation facilities[; and shall establish separate regional emergency
medical services councils for the counties of Nassau and Westchester].
The commissioner shall [promote and encourage the establishment of]
ESTABLISH a regional [emergency medical services council] BOARD in each
of said designated areas.
[3-a. Notwithstanding any inconsistent provision of this article:
a. The creation of any regional council or emergency medical services
program agency on or after January first, two thousand shall not dimin-
ish any then existing funding appropriated after the effective date of
this subdivision to regional councils or emergency medical services
program agencies;
b. Subject to the provisions of paragraph c of this subdivision, fund-
ing for regional councils and emergency medical services program agen-
cies existing on or after January first, two thousand shall be increased
in proportion to any funding appropriated therefor by the department and
in such proportion as determined by the department;
c. Funding for any regional council or emergency medical services
program agency created on or after January first, two thousand shall be
in addition to any funds appropriated on the effective date of this
subdivision for regional councils or emergency medical services program
agencies existing on January first, two thousand. Funding for any
regional council or emergency medical services program agency created
after January first, two thousand shall be in an amount at least equal
to the minimum funding level appropriated to regional councils or emer-
gency medical services program agencies existing on such date, or in an
amount equal to the proportion that such new regional council or emer-
S. 6260--A 59 A. 9060--A
gency medical services program agency represented on the basis of popu-
lation in its former regional council or emergency medical services
program agency, whichever is larger.
4. The commissioner may propose rules and regulations and amendments
thereto for consideration by the state council.] 7. The commissioner
shall establish a schedule of certification fees for ambulance services
and advanced life support first response services other than voluntary
ambulance services and voluntary advanced life support first response
services.
[5.] 8. For the purpose of promoting the public health, safety and
welfare the commissioner is hereby authorized and empowered to contract
with voluntary ambulance services and municipal ambulance services, or
with the fire commissioners of fire districts operating voluntary ambu-
lance services, upon such terms and conditions as he OR SHE shall deem
appropriate and within amounts made available therefor, for reimburse-
ment of the necessary and incidental costs incurred by such ambulance
services in order to effectuate the provisions of this article.
[6.] 9. The commissioner is hereby authorized, for the purposes of
effectuating the provisions of this article in the development of a
statewide emergency medical service system, to contract with any ambu-
lance service or with the fire commissioners of fire districts operating
certified voluntary ambulance services for the use of necessary equip-
ment upon such terms and conditions as the commissioner shall deem
appropriate.
[7.] 10. THE DEPARTMENT AND COMMISSIONER SHALL PREPARE, AND PERIOD-
ICALLY UPDATE AS NECESSARY, A STATEWIDE EMERGENCY MEDICAL SERVICES MOBI-
LIZATION PLAN, WHICH PROVIDES FOR THE IDENTIFICATION AND DEPLOYMENT OF
EMERGENCY MEDICAL SERVICES PERSONNEL AND RESOURCES THROUGHOUT THE STATE
IN RESPONSE TO A LOCAL OR REGIONAL REQUEST. UPON NOTIFICATION TO THE
STATE BOARD, THE REGIONAL BOARDS, AND THE REGIONAL EMERGENCY MEDICAL
ADVISORY COMMITTEES, THE PLAN SHALL BECOME THE STATEWIDE EMERGENCY
MEDICAL SERVICES MOBILIZATION PLAN.
11. The commissioner [may recommend to the state council minimum qual-
ifications] SHALL, IN CONSULTATION WITH THE STATE BOARD, ESTABLISH A
MINIMUM SCOPE OF PRACTICE, EDUCATION, TRAINING, CERTIFICATION AND
CREDENTIALING QUALIFICATIONS for certified first responders [(which
shall not exceed fifty-one hours)], emergency medical technicians and
advanced emergency medical technicians in all phases of emergency
medical technology including but not limited to, communications, first
aid, equipment, maintenance, emergency techniques and procedures,
patient management and knowledge of procedures and equipment for emer-
gency medical care.
[8. The commissioner shall provide every certified ambulance service
and advanced life support first response service with an official insig-
nia which may be attached to every vehicle owned or operated by a certi-
fied ambulance service or advanced life support first response service.
9. The department shall provide the state council with such assistance
as the council may request in order to carry out its responsibilities as
set forth in subdivision two-a of section three thousand two of this
article.
10.] 12. THE DEPARTMENT SHALL REQUIRE EVERY CERTIFIED AMBULANCE
SERVICE AND ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE TO DISPLAY AN
OFFICIAL INSIGNIA WHICH MUST BE ATTACHED TO EVERY VEHICLE OWNED OR OPER-
ATED BY A CERTIFIED AMBULANCE SERVICE OR ADVANCED LIFE SUPPORT FIRST
RESPONSE SERVICE.
S. 6260--A 60 A. 9060--A
13. The commissioner is hereby authorized and empowered to extend the
certification for emergency medical technicians, advanced emergency
medical technicians or certified first responders who have been ordered
to active military duty, other than for training, [on or after the elev-
enth day of September, two thousand one] and whose certification will
expire during their military duty [or within the six months immediately
following separation from military service]. The extended certification
shall be for the period of military duty and for twelve months after
they have been released from active military duty.
[11.] 14. The commissioner, [with the advice and consent of the state
council] IN CONSULTATION WITH THE STATE BOARD, shall promulgate rules
and regulations necessary to ensure compliance with the provisions of
subdivision two of section sixty-seven hundred thirteen of the education
law; AND MAY FACILITATE DEVELOPMENT AND PERIODIC REVISION OF APPROPRI-
ATENESS REVIEW STANDARDS FOR EMERGENCY MEDICAL SERVICES AND EMERGENCY
DEPARTMENTS, PEDIATRIC SERVICES AND PEDIATRIC CENTERS, TRAUMA SERVICES
AND TRAUMA CENTERS, BURN SERVICES AND BURN CENTERS, AND DISASTER CARE
UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER, FOR ADOPTION BY THE COMMIS-
SIONER OR STATE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, AS APPROPRI-
ATE.
15. THE DEPARTMENT AND COMMISSIONER, IN CONSULTATION WITH THE STATE
BOARD, SHALL CONTINUE THE CATEGORIZATION OF GENERAL HOSPITALS AND OTHER
HEALTH CARE FACILITIES FOR EMERGENCY MEDICAL CARE AND TRAUMA CARE UNDER
ARTICLE TWENTY-EIGHT OF THIS CHAPTER, AND THE DESIGNATION OF EMERGENCY
FACILITIES IN GENERAL HOSPITALS AND OTHER HEALTH CARE FACILITIES, AS
EMERGENCY DEPARTMENTS OR EMERGENCY SERVICES APPROPRIATE FOR EMERGENCY
MEDICAL CARE AND GENERAL HOSPITALS AND OTHER HEALTH CARE FACILITIES AS
TRAUMA CENTERS OR TRAUMA STATIONS APPROPRIATE FOR TRAUMA CARE, BASED
UPON SUCH CATEGORIZATION.
16. THE DEPARTMENT AND COMMISSIONER, IN CONSULTATION WITH THE STATE
BOARD, SHALL DEVELOP AND MAINTAIN A STATEWIDE SYSTEM FOR RECOGNITION OF
FACILITIES ABLE TO PROVIDE SUSTENTATIVE OR DEFINITIVE SPECIALTY PEDIA-
TRIC EMERGENCY MEDICAL AND TRAUMA CARE FOR SUDDEN CHILDHOOD ILLNESS AND
INJURY AND FOR PREFERENTIAL TRANSPORT OF SUDDENLY ILL OR INJURED CHIL-
DREN TO SUCH FACILITIES, AND SHALL PROMOTE THE USE OF SUCH FACILITIES IN
ACCORDANCE WITH WRITTEN PROTOCOLS OR TRANSFER AGREEMENTS AS APPROPRIATE.
17. UPON APPEAL OF ANY INTERESTED PARTY, THE COMMISSIONER MAY AMEND,
MODIFY, AND REVERSE DECISIONS OF THE STATE BOARD, ANY REGIONAL BOARD, OR
ANY REGIONAL EMERGENCY MEDICAL ADVISORY COMMITTEE; PROVIDED THAT IN
CONSIDERATION OF A REGIONAL BOARD OR REGIONAL EMERGENCY MEDICAL ADVISORY
COMMITTEE DECISION, THE COMMISSIONER SHALL CONSULT THE STATE ADVISORY
BOARD.
S 93. Section 3012 of the public health law, as added by chapter 1053
of the laws of 1974, subdivision 1 as amended by chapter 445 of the laws
of 1993, subdivision 2 as amended by chapter 804 of the laws of 1992 and
subdivisions 3 and 4 as amended by chapter 252 of the laws of 1981, is
amended to read as follows:
S 3012. Enforcement. 1. Any ambulance service or advanced life
support first response service certificate issued pursuant to section
three thousand five of this article may be revoked, suspended, limited
or annulled by the department upon proof that the operator or certif-
icate holder or one or more enrolled members or one or more persons in
his OR HER employ:
(a) has been guilty of misrepresentation in obtaining the certificate
or in the operation of the ambulance service or advanced life support
first response service; or
S. 6260--A 61 A. 9060--A
(b) has not been competent in the operation of the service or has
shown inability to provide adequate ambulance services or advanced life
support first response service; or
(c) has failed to pay the biennial certification fee as required
[except in the case of any voluntary ambulance service or voluntary
advanced life support first response service]; or
(d) has failed to file any report required by the provisions of this
article or the rules and regulations promulgated thereunder; or
(e) has violated or aided and abetted in the violation of any
provision of this article, the rules and regulations promulgated or
continued thereunder, or the state sanitary code; or
(f) had discontinued operations for a period in excess of one month;
or
(g) a voluntary ambulance service or voluntary advanced life support
first response service has failed to meet the minimum staffing standard
and has not been issued an exemption[, except that such certificate
shall not be suspended or revoked unless the commissioner finds that an
adequate alternative service exists. The commissioner shall consider the
recommendation of the regional emergency medical services council in
making a finding]; or
(h) an ambulance service operating for profit has failed to meet the
minimum staffing standard; or
(i) has been convicted of a crime or pleaded nolo contendere to a
felony charge involving murder, manslaughter, assault, sexual abuse,
theft, robbery, fraud, embezzlement, drug abuse, or sale of drugs,
unless the commissioner finds that such conviction does not demonstrate
a present risk or danger to patients or the public; or
(j) is or was subject to a state or federal administrative order
relating to fraud or embezzlement, unless the commissioner finds that
such order does not demonstrate a present risk or danger to patients or
the public.
2. Proceedings under this section may be initiated by any person,
corporation, association, or public officer, or by the department by the
filing of written charges with the department. Whenever the department
seeks revocation or suspension of a certificate of an ambulance service
or an advanced life support first response service, a copy of the charg-
es shall be referred to the appropriate regional [council] BOARD for
review and recommendation to the department prior to a hearing. [Such
recommendation shall include a determination as to whether the public
need would be served by a revocation, suspension, annulment or limita-
tion. If there is no appropriate regional council established, the state
council shall make such determination and present to the department its
recommendations.]
3. No certificate shall be revoked, [suspended,] limited or annulled
without a hearing. However, a certificate may be [temporarily] suspended
without a hearing and without the [approval] REVIEW of the appropriate
regional [council] BOARD or state [council] BOARD for a period not in
excess of [thirty] NINETY days upon notice to the certificate holder
following a finding by the department that the public health, safety or
welfare is in imminent danger.
4. The [commissioner] DEPARTMENT shall fix a time and place for the
hearing. A copy of the charges and the recommendations of the appropri-
ate regional [council] BOARD or state [council] BOARD together with the
notice of the time and place of the hearing, shall be mailed to the
certificate holder by registered or certified mail, at the address spec-
ified on the certificate, at least fifteen days before the date fixed
S. 6260--A 62 A. 9060--A
for the hearing. The appropriate regional [council] BOARD may be a party
to such hearing. The certificate holder may file with the department,
not less than five days prior to the hearing, a written answer to the
charges.
S 94. Section 3016 of the public health law, as amended by chapter 252
of the laws of 1981, is amended to read as follows:
S 3016. Continuance of rules and regulations. All rules and regu-
lations heretofore adopted by the commissioner pertaining to all ambu-
lance OR ADVANCED LIFE SUPPORT FIRST RESPONSE services shall continue in
full force and effect as rules and regulations until duly modified or
superseded by rules and regulations hereafter adopted and enacted by the
[state council pursuant to section three thousand two of this article]
COMMISSIONER.
S 95. Section 3017 of the public health law is REPEALED.
S 96. Section 3030 of the public health law, as added by chapter 439
of the laws of 1979, is amended to read as follows:
S 3030. Advanced life support services. Advanced life support
services provided by an advanced emergency medical technician, shall be
(1) provided under the direction of qualified medical and health person-
nel utilizing patient information and data transmitted by voice or
telemetry, (2) limited to the category or categories in which the
advanced emergency medical technician is certified pursuant to this
article, [and] (3) recorded for each patient, on an individual treat-
ment-management record, AND (4) LIMITED TO PARTICIPATION IN AN ADVANCE
LIFE SUPPORT SYSTEM.
S 97. Section 3031 of the public health law, as added by chapter 439
of the laws of 1979, is amended to read as follows:
S 3031. Advanced life support system. Advanced life support system
must (1) be under the overall supervision and direction of a qualified
physician [with respect to the advanced life support services provided],
(2) UTILIZE ADVANCED LIFE SUPPORT PROTOCOLS DEVELOPED BY THE REGIONAL
EMERGENCY MEDICAL ADVISORY COMMITTEE AND APPROVED BY THE COMMISSIONER,
(3) be staffed by qualified medical and health personnel, [(3)] (4)
utilize advanced emergency medical technicians whose certification is
appropriate to the advanced life support services provided, [(4)] (5)
utilize advanced support mobile units appropriate to the advanced life
support services provided, [(5)] (6) maintain a treatment-management
record for each patient receiving advanced life support services, and
[(6)] (7) be integrated with a hospital emergency, intensive care, coro-
nary care or other appropriate service.
S 98. Section 3032 of the public health law, as amended by chapter 445
of the laws of 1993, is amended to read as follows:
S 3032. Rules and regulations. The [state council, with the approval
of the] commissioner, IN CONSULTATION WITH THE STATE BOARD, shall
promulgate rules and regulations to effectuate the purposes of sections
three thousand thirty and three thousand thirty-one of this article.
S 99. Section 3052 of the public health law, as added by chapter 727
of the laws of 1986, is amended to read as follows:
S 3052. Establishment of a training program for emergency medical
services personnel. 1. There is hereby established a training program
for emergency medical services personnel including, but not limited to,
first responders, emergency medical technicians, advanced emergency
medical technicians and emergency vehicle operators.
1-A. SUCH TRAINING PROGRAM MAY USE ANY COMBINATION OF COURSEWORK,
TESTING, CONTINUING EDUCATION AND CONTINUOUS PRACTICE TO PROVIDE THE
MEANS BY WHICH SUCH PERSONNEL, INCLUDING INSTRUCTOR LEVEL PERSONNEL, MAY
S. 6260--A 63 A. 9060--A
BE TRAINED AND CERTIFIED. THE PROGRAM MAY INCLUDE MEANS THAT ALLOW FOR
CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS AND ADVANCED EMERGENCY
MEDICAL TECHNICIANS WITHOUT THE REQUIREMENT OF PRACTICAL SKILLS OR WRIT-
TEN EXAMINATION.
1-B. THE COMMISSIONER, IN CONSULTATION WITH THE STATE BOARD, SHALL
DEVELOP SUCH TRAINING PROGRAM, PROMULGATING RULES AND REGULATIONS AS MAY
BE NECESSARY FOR ADMINISTRATION AND COMPLIANCE.
2. The commissioner shall provide state aid within the amount appro-
priated to entities such as local governments, regional [emergency
medical services councils] BOARDS, and voluntary agencies and organiza-
tions to conduct training courses for emergency medical services person-
nel and to conduct practical examinations for certification of such
personnel. The commissioner shall establish a schedule for determining
the amount of state aid provided pursuant to this section.
a. Such schedule may include varying rates for distinct geographic
areas of the state and for various course sizes, giving special consid-
eration to areas with the most need for additional emergency medical
technicians. In determining the need for additional emergency medical
technicians, the commissioner shall use measurements such as the average
number of emergency medical technicians per ambulance service, the ratio
of emergency medical technicians per square mile, the average number of
calls per service and the percentage of calls to which an emergency
medical technician has responded, provided such data is available to the
commissioner.
b. Such schedule shall provide sufficient reimbursement to permit
sponsors to offer basic emergency medical technician courses which
adhere to curricula approved by the [New York state emergency medical
services council and the] commissioner without the need to charge
tuition to participants.
3. Upon request, the [commissioner] DEPARTMENT shall provide manage-
ment advice and technical assistance to regional [emergency medical
services councils] BOARDS, county emergency medical services coordina-
tors, and course sponsors and instructors to stimulate the improvement
of training courses and the provision of courses in a manner which
encourages participation. Such advice and technical assistance may
relate to, but need not be limited to the location, scheduling and
structure of courses.
4. The department is authorized, either directly or through contractu-
al arrangement, to develop and distribute training materials for use by
course instructors and sponsors, to recruit additional instructors and
sponsors and to provide training courses for instructors.
[5. The commissioner shall conduct a public service campaign to
recruit additional volunteers to join ambulance services targeted to
areas in need for additional emergency medical technicians.]
S 100. Section 3053 of the public health law, as amended by chapter
445 of the laws of 1993, is amended to read as follows:
S 3053. Reporting. Advanced life support first response services and
ambulance services [registered or] certified pursuant to article thirty
of this chapter shall submit detailed individual call reports on a form
to be [provided] DETERMINED by the department, or may submit data elec-
tronically in a format approved by the department. The [state emergency
medical services council, with the approval of the] commissioner, IN
CONSULTATION WITH THE STATE BOARD, may adopt rules and regulations
permitting or requiring ambulance AND ADVANCED LIFE SUPPORT FIRST
RESPONSE services whose volume exceeds [twenty thousand calls per year]
A SPECIFIED ANNUAL THRESHOLD to submit call report data electronically.
S. 6260--A 64 A. 9060--A
Such rules shall define the data elements to be submitted, and may
include requirements that assure availability of data to the REGIONAL
BOARDS AND regional emergency medical advisory [committee] COMMITTEES.
S 101. Articles 30-B and 30-C of the public health law are REPEALED.
S 102. Subdivisions 3 and 4 of section 97-q of the state finance law,
as added by chapter 804 of the laws of 1992, are amended to read as
follows:
3. Moneys of the account, when allocated, shall be available to the
department of health for the purpose of funding the training of emergen-
cy medical services personnel, and funding as shall be provided by
appropriation for the [state] OPERATION OF THE STATE'S emergency medical
services [council, regional emergency medical services councils, emer-
gency medical services program agencies or other emergency medical
services training programs] SYSTEM, in order to carry out the purposes
of articles thirty and thirty-A of the public health law.
4. [Not less than fifty percent of the] THE monies of the account
shall be expended for the direct costs of providing emergency medical
services training at the local level. [The legislature shall annually
appropriate from the remaining available monies, funding for the state
emergency medical services council, the regional emergency medical
services councils, the emergency medical services program agencies and]
ANNUAL APPROPRIATIONS SHALL BE USED TO ENABLE the department of health
[in order to carry out] TO ACHIEVE the purposes of articles thirty and
thirty-A of the public health law. At the end of any fiscal year, any
funds not encumbered for these purposes shall be reallocated for the
costs of training advanced life support personnel.
S 103. Paragraph 4 of subdivision a of section 19-162.2 of the admin-
istrative code of the city of New York, as added by local law number 40
of the city of New York for the year 1997, is amended to read as
follows:
4. "certified first responder" shall mean an individual who meets the
minimum requirements established by [regulations pursuant to section
three thousand two] THE COMMISSIONER OF HEALTH PURSUANT TO ARTICLE THIR-
TY of the public health law and who is responsible for administration of
initial life saving care of sick and injured persons.
S 104. Subdivision 1-a of section 122-b of the general municipal law,
as amended by chapter 303 of the laws of 1980, is amended to read as
follows:
1-a. As used in this section:
(a) "Emergency medical technician" means an individual who meets the
minimum requirements established by [regulations pursuant to section
three thousand two] THE COMMISSIONER OF HEALTH PURSUANT TO ARTICLE THIR-
TY of the public health law and who is responsible for administration or
supervision of initial emergency medical assistance and handling and
transportation of sick, disabled or injured persons.
(b) "Advanced emergency medical technician" means an emergency medical
technician who has satisfactorily completed an advanced course of train-
ing approved by the [state council under regulations pursuant to section
three thousand two] COMMISSIONER OF HEALTH PURSUANT TO ARTICLE THIRTY of
the public health law.
S 105. Subparagraph (iii) of paragraph (e) of subdivision 3 of section
219-e of the general municipal law, as added by chapter 514 of the laws
of 1998, is amended to read as follows:
(iii) A volunteer ambulance worker appointed to serve on the New York
state emergency medical services [council, the state emergency medical
advisory committee] ADVISORY BOARD, a regional emergency medical
S. 6260--A 65 A. 9060--A
services [council] ADVISORY BOARD or a regional emergency medical advi-
sory committee, established pursuant to article thirty of the public
health law shall also be eligible to receive one point per meeting.
S 106. Subparagraph (iii) of paragraph (e) of subdivision 3 of section
219-m of the general municipal law, as added by chapter 558 of the laws
of 1998, is amended to read as follows:
(iii) A volunteer ambulance worker appointed to serve on the New York
state emergency medical services [council, the state emergency medical
advisory committee] ADVISORY BOARD, a regional emergency medical
services [council] ADVISORY BOARD or a regional emergency medical advi-
sory committee, established pursuant to article thirty of the public
health law shall also be eligible to receive one point per meeting.
S 107. Subdivision 2 of section 10 of the workers' compensation law,
as added by chapter 872 of the laws of 1985, is amended to read as
follows:
2. Notwithstanding any other provisions of this chapter, an injury
incurred by an individual currently employed as an emergency medical
technician or an advanced emergency medical technician who is certified
pursuant to [section three thousand two] ARTICLE THIRTY of the public
health law, while voluntarily and without expectation of monetary
compensation rendering medical assistance at the scene of an accident
shall be deemed to have arisen out of and in the course of the employ-
ment with that emergency medical technician or advanced emergency
medical technician's current employer.
S 108. Subdivision 1 of section 580 of the executive law, as added by
chapter 300 of the laws of 2000, is amended to read as follows:
1. Creation; members. There is hereby created in the department of
state an emergency services council, the members of which shall be the
directors of the office of fire prevention and control, the bureau of
emergency medical services and the state emergency management office,
the superintendent of state police, the commissioner of health, the
secretary of state and the director of state operations who shall be the
chairperson unless otherwise appointed by the governor. There shall also
be two representatives appointed by the state emergency medical services
[council] ADVISORY BOARD, one of whom shall be a representative of
volunteer ambulance service and one of whom shall be a representative of
proprietary ambulance service; two representatives appointed by the fire
advisory board, one of which shall be representative of volunteer fire
service and one of which shall be representative of paid fire service;
one representative shall be appointed by the disaster preparedness
commission; one physician shall be appointed by the [state emergency
medical advisory committee] COMMISSIONER OF HEALTH; one appointment
shall be made by the governor; one appointment shall be made by the
temporary president of the senate; and one appointment shall be made by
the speaker of the assembly.
S 109. Section 804-d of the education law, as added by chapter 315 of
the laws of 2005, is amended to read as follows:
S 804-d. Automated external defibrillator instruction. Instructions
regarding the correct use of an automated external defibrillator shall
be included as a part of the health education curriculum in all senior
high schools when cardiopulmonary resuscitation instruction is being
provided as authorized by section eight hundred four-c of this article.
In addition to the requirement that all teachers of health education
shall be certified to teach health, persons instructing pupils in the
correct use of automated external defibrillators shall possess valid
certification by a nationally recognized organization or the [state
S. 6260--A 66 A. 9060--A
emergency medical services council] COMMISSIONER OF HEALTH offering
certification in the operation of an automated external defibrillator
and in its instruction.
S 110. Section 2407 of the public health law is REPEALED.
S 111. Subdivision 5 of section 2409 of the public health law is
REPEALED and subdivisions 6 and 7 are renumbered subdivisions 5 and 6.
S 112. The public health law is amended by adding a new section 2409-a
to read as follows:
S 2409-A. ADVISORY COUNCIL. 1. THERE IS HEREBY ESTABLISHED IN THE
DEPARTMENT THE BREAST, CERVICAL AND OVARIAN CANCER DETECTION AND EDUCA-
TION PROGRAM ADVISORY COUNCIL, FOR THE PURPOSE OF ADVISING THE COMMIS-
SIONER WITH REGARDS TO PROVIDING INFORMATION TO CONSUMERS, PATIENTS, AND
HEALTH CARE PROVIDERS RELATING, BUT NOT LIMITED TO, BREAST, CERVICAL AND
OVARIAN CANCER, INCLUDING SIGNS AND SYMPTOMS, RISK FACTORS, THE BENEFITS
OF PREVENTION AND EARLY DETECTION, GUIDELINE CONCORDANT CANCER SCREENING
AND DISEASE MANAGEMENT, OPTIONS FOR DIAGNOSTIC TESTING AND TREATMENT,
NEW TECHNOLOGIES, AND SURVIVORSHIP.
2. THE ADVISORY COUNCIL SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT
REGARDING THE PROMOTION AND IMPLEMENTATION OF PROGRAMS UNDER SECTIONS
TWENTY-FOUR HUNDRED SIX AND TWENTY-FOUR HUNDRED NINE OF THIS TITLE.
3. THE COMMISSIONER SHALL APPOINT TWENTY-ONE VOTING MEMBERS, WHICH
SHALL INCLUDE REPRESENTATION OF HEALTH CARE PROFESSIONALS, CONSUMERS,
PATIENTS AND OTHER APPROPRIATE INTEREST REFLECTIVE OF THE DIVERSITY OF
THE STATE, WITH EXPERTISE IN BREAST, CERVICAL AND/OR OVARIAN CANCER. THE
COMMISSIONER SHALL APPOINT ONE MEMBER AS A CHAIRPERSON. THE MEMBERS OF
THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL
BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN PERFORMANCE
OF THEIR DUTIES.
4. A MAJORITY OF THE APPOINTED VOTING MEMBERSHIP OF THE BOARD SHALL
CONSTITUTE QUORUM.
5. THE ADVISORY COUNCIL SHALL MEET AT LEAST TWICE A YEAR, AT THE
REQUEST OF THE DEPARTMENT.
S 113. Section 844-a of the executive law is REPEALED.
S 114. This act shall take effect immediately; provided that:
(a) the amendments to the opening paragraph of subdivision 15 of
section 13-0309 of the environmental conservation law, made by section
seventy-four of this act, shall take effect on the same date as the
reversion of such subdivision as provided in section 2 of chapter 158 of
the laws of 2011, as amended.
(b) the amendments to section 3005-b of the public health law, made by
section eighty-seven of this act shall not affect the repeal of such
section and shall be deemed repealed therewith;
(c) sections forty-one, forty-two, forty-three, forty-four, forty-
five, forty-six and forty-seven of this act shall take effect upon the
resolution of all appeals pending before the freshwater appeals board;
provided, however, that such board, created by title 11 of article 24 of
the environmental conservation law, as repealed by section forty-one of
this act, shall not accept any new cases as of the effective date of
this act; and
(d) the commissioner of the department of environmental conservation
shall notify the legislative bill drafting commission upon the resol-
ution of all appeals pending before the freshwater appeals board in
order that the commission may maintain an accurate and timely effective
date data base of the official text of the laws of the state of New York
in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.
S. 6260--A 67 A. 9060--A
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 D of this act shall be
as specifically set forth in the last section of such Parts.