NY State Senate Bill 2011-S6258

Senate Bill S6258

Signed By Governor

2011-2012 Legislative Session

Enacts major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for 2012-2013

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Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 30, 2012	signed chap.58 delivered to governor
Mar 28, 2012	returned to senate passed assembly motion to amend lost ordered to third reading rules cal.24 substituted for a9058d referred to ways and means delivered to assembly passed senate ordered to third reading cal.472
Mar 25, 2012	print number 6258d
Mar 25, 2012	amend (t) and recommit to finance
Mar 11, 2012	print number 6258c
Mar 11, 2012	amend (t) and recommit to finance
Feb 17, 2012	print number 6258b
Feb 17, 2012	amend (t) and recommit to finance
Feb 10, 2012	print number 6258a
Feb 10, 2012	amend and recommit to finance
Jan 17, 2012	referred to finance

Votes

- Mar 28, 2012 - Floor Vote
  S6258
  
  58
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 28, 2012
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (2)
      
      Diaz
      
      Duane
      
      excused (1)
      
      Oppenheimer
  Mar 28, 2012 - Finance Committee Vote
  S6258
  
  31
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Mar 28, 2012
      
      aye (31)
      
      Alesi
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Peralta
      
      Perkins
      
      Rivera
      
      Robach
      
      Saland
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Young
      
      nay (3)
      
      Diaz
      
      Duane
      
      Parker
      
      excused (1)
      
      Oppenheimer

Bill Amendments

Original

D (Active)

2011-S6258 - Details

See Assembly Version of this Bill:: A9058
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2011-S6258 - Summary

Authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2012-2013; relates to the establishment of the dedicated highway and bridge trust fund; authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012; relates to the effectiveness of the dedicated highway and bridge trust fund (Part A)

2011-S6258 - Sponsor Memo

                                BILL NUMBER:S6258

TITLE OF BILL:

An act
to authorize funding for the Consolidated Local Street and Highway
Improvement Program (CHIPS) and Marchiselli program for state fiscal
year 2012-2013; to amend chapter 329 of the laws of 1991, amending the
state finance law and other laws relating to the establishment of the
dedicated highway and bridge trust fund; and to amend chapter 60 of the
laws of 2011, authorizing funding
for the Consolidated Local Street and Highway Improvement
Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012
and amending
chapter 329 of the laws of 1991, amending the state finance
law and other
laws relating to the establishment of the dedicated highway and
bridge trust fund, in relation to the effectiveness thereof
(Part A);
to amend the highway law and the state finance law, in relation to
modifying the distribution of certain funds
(Part B);
to amend the transportation law, in relation to enacting a performance
based bus inspection program
(Part C);
to amend the

vehicle and traffic law,
in relation to commercial driver's
licenses and medical certifications; and to repeal paragraph (f)
of subdivision 3 of section 510-a of the vehicle and traffic law,
relating to commercial driver's licenses
(Part D);
to amend the public authorities law, in relation to notes, bonds and
other obligations of the metropolitan transportation authority,
Triborough bridge and tunnel authority and New York city
transit authority
(Part E);
to amend vehicle and traffic law
in relation
to establishing
an additional
retention rate for county clerks
acting as an agent of the
department of motor vehicles based
upon internet transactions
(Part F);
to amend the transportation law, the vehicle and traffic law, the
general municipal law, the environmental conservation law and the
executive law, in relation to federal revenue; and repealing section 214
of the transportation law relating thereto
(Part G);
to amend the environmental conservation law, in relation to the

regulation of various fish and wildlife licenses, permits and fees; and
repealing certain provisions of such law relating thereto
(Part H);
to amend the public service law, in relation to eliminating state
regulation of VoIP service in order to facilitate competition and ensure
consumers receive the maximum benefit of competition
(Part I);
to amend the environmental
conservation law, in relation to
hazardous waste program fees and
surcharges
(Part J);
to amend the state finance law and the public authorities law, in
relation to the sewage treatment and drinking water funds and the
water pollution control and drinking water revolving funds
(Part K);
to amend the agriculture and markets law, in relation to seed testing
(Part L);
to amend the agriculture and markets law, in relation to fees for
services
(Part M);
to amend the agriculture and markets law, in relation to food processing
license fees; and to repeal subdivision 4 of
section 128-a and subdivision
3 of section 133-a of the agriculture and markets law and section 90-b
of the state finance law relating to the commercial feed licensing fund
(Part N);
to authorize and direct the New York state energy research and
development authority to make a payment to the general fund of up to
$913,000
(Part O);
to authorize the New York state energy research and development
authority to finance a portion of its research, development and
demonstration and policy and planning programs from assessments on gas
and electric corporations
(Part P);
to amend chapter 35 of the laws of
1979,
relating
to appropriating funds to the New York state urban development
corporation for the acquisition and initial planning of convention and
exhibition center
facilities in New York county, in relation
to
additional powers of such
corporation
(Part Q);
to amend chapter 393 of the laws of 1994, amending the New York state
urban development corporation act, relating to the powers of the New
York state urban
development corporation to make loans, in relation to the
effectiveness thereof

(Part R);
to repeal subdivision 3 of section 16-m of the New York state urban
development corporation act, in relation to extending certain provisions
relating to the empire state economic development fund
(Part S);
to amend the New York state urban development corporation act, relating
to the powers of the New York state urban development corporation to
make grants
(Part T);
to amend the state finance law, in relation to the excelsior linked
deposit act
(Part U);
to authorize the department of health to finance certain activities with
revenues generated from an assessment on cable television companies
(Part V);
to amend the general business law and the real property law, in relation
to increasing the term of licensure and registration from two to four
years
(Part W);
to amend the racing, pari-mutuel
wagering and breeding law, in
relation to presenting
uncashed pari-mutuel
vouchers within a prescribed period of time
(Part X);
to amend the racing, pari-mutuel
wagering and breeding law and the
public officers law, in relation
to employment of officials at harness race
meetings
(Part Y);
to amend the
agriculture and markets law, in relation to authorizing the creation of
a dairy research and education order
(Part Z); and
to amend public authorities law, in relation to the recovery of state
governmental costs from public authorities and public benefit
corporations
(Part AA)

PURPOSE:

This bill contains provisions needed to implement the Transportation,
Economic Development and Environmental Conservation portions of the
2012-13 Executive Budget.

This memorandum describes Parts A through AA the bill which are
described wholly within the parts listed below.

Part A - Provide the annual authorization for the CHIPS and
Marchiselli programs.

Purpose:

This bill would authorize funding for the Consolidated Local Street
and Highway Improvement Program (CHIPS) and Marchiselli program for
State Fiscal Year 2012-13, and would extend, for one year, the
eligibility of certain highway work types for CHIPS reimbursement.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The CHIPS program is a local highway and bridge program that provides
State funds to local governments for the purpose of reimbursing local
government spending on construction, reconstruction, or improvement
of highways, bridges, highway-railroad crossings, and other local
facilities that are not part of the State highway system. The
Marchiselli program (also known as the Municipal Streets and Highways
Program) is a local highway program that provides municipalities with
State matching funds for local Federal Highway Aid projects. This
bill would authorize the CHIPS and Marchiselli Capital Aid Programs
to counties, cities, towns and villages for State Fiscal Year 2012-13
at approximately $363.1 million and $39.7 million, respectively.

In addition, the bill would extend the eligibility of certain highway
work types for CHIPS reimbursement through March 31, 2013. These work
types, which provide a cost effective way for local governments to
preserve highway infrastructure, were made eligible for CHIPS until
March 31, 2012 in the 2011-12 Enacted Budget.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, because annual authorization is required for these programs.

Effective Date:

This bill takes effect immediately.

Part B - Consolidate the Department of Transportation's Accident
Damage Account with the Dedicated Highway and Bridge Trust Fund.

Purpose:

This bill would consolidate the revenues and disbursements of the
Accident Damage Account with the Dedicated Highway and Bridge Trust
Fund.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This proposal would consolidate highway and bridge maintenance
activities funded by the non-statutory Accident Damage Account with
maintenance activities funded within the Dedicated Highway and Bridge

Trust Fund (Trust Fund). The remaining fund balance in the Accident
Damage account would be shifted to the Trust Fund. Revenues from
accident damage recoveries would also be deposited into the Trust
Fund, thereby improving the Fund's debt service coverage ratio, which
allows for the issuance of
additional Trust Fund bonds to finance transportation projects. The
Accident Damage account would be administratively eliminated by the
Department of Transportation.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. The dedication of additional revenue would improve the annual
debt service coverage ratio of the Trust Fund and reduce General Fund
support for the Trust Fund by $5.9 million in 2012-13. This proposal
would also consolidate State highway repair and maintenance expenses
into a single fund by eliminating an administrative special revenue
fund.

Effective Date:

This bill takes effect April 1 , 2012.

Part C - Implement a performance-based bus inspection program.

Purpose:

This bill would implement a performance-based bus inspection program
to enhance safety and compliance and more efficiently utilize
Department of Transportation (DOT) staffing resources.

Statement in Support, Summary of Provisions. Existing Law,
and Prior Legislative History:

This proposal would modify the current semi-annual inspection process
to allow the Commissioner of Transportation to implement a
performance-based inspection program that would increase inspection
and compliance efforts for vehicle operators with the lowest
compliance rates while performing less frequent inspections for those
operators with the highest compliance rates. The net effect of the
proposal would be both increased public safety and less overtime
worked by State bus inspection staff.
Program details including compliance tiers would be developed and
promulgated through Department rules and regulations. Existing
Transportation Law requires the Department to inspect each passenger
bus every 6 months.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget and will lower expenses by approximately $665,000 in 2012-13
and at least $782,000 on an annualized basis.

Effective Date:

This bill takes effect April 1, 2012.

Part D - Conform the Vehicle and Traffic Law to federal requirements
governing operators of commercial motor vehicles and medical
certification requirements pertaining to such operators.

Purpose:

This bill would amend Vehicle and Traffic Law to bring New York State
into compliance with the Federal Motor Carrier Safety Improvement Act
of 1999 with respect to medical certifications for commercial
driver's license (CDL) holders.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Federal Motor Carrier Safety Administration has notified the
Department of Motor Vehicles (DMV) that notwithstanding the enactment
of Chapter 58 of the Laws of 2011 , New York was still not in full
compliance with the Federal Motor Carrier Safety Improvement Act of
1999, because that chapter required the suspension rather than
downgrade of CDLs under certain circumstances. This proposal would
address existing deficiencies and thereby enable New York to retain
federal funding.

Effective January 30, 2012, new CDL applicants are required to
self-certify to DMV regarding the type of driving they will perform
and, if appropriate, that they are not subject to the federal
physical qualification rules. They also must submit a valid medical
certificate and, if applicable, a valid medical variance to DMV. In
addition, existing CDL holders are required to self-certify to DMV
regarding the type of driving they perform and, if appropriate, that
they are not subject to the federal physical qualification rules.
CDL-holders who are subject to the physical qualification requirements
will have to submit a valid medical certificate and, if applicable, a
valid medical variance to DMV.
Under the federal rules, DMV must "downgrade" not suspend a CDL if a
driver fails to provide the required self-certification and/or
medical certificate/variance to DMV. This legislation would give DMV
the authority to implement these federal mandates.

Budget Implications:

Failure to enact this legislation could result in the loss of $33
million in federal highway funds.

Effective Date:

Sections 1 through 4 of this bill take effect immediately; section 5
takes effect sixty days following enactment.

Part E - Raise the statutory limit on the amount of bonds, notes and
other obligations the MTA, the New York City Transit Authority
(NYCTA), and the Triborough Bridge and Tunnel Authority (TBTA) may
issue.

Purpose:

This bill would help fund the remaining three years of the 2010-2014
capital program plan of the Metropolitan Transportation Authority (MT
A), by raising the statutory limit $7 billion, from $34.877 billion
to $41.877 billion, for the amount of bonds, notes and other
obligations the MT A, the New York City Transit Authority (NYCTA),
and the Triborough Bridge and Tunnel Authority (TBTA) may issue.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Capital Program Review Board (CPRB) approved MTA capital plan for
the period 2010 to 2014 includes approved full funding sources only
for the first two years of the capital program. MTA's January 2012
funding proposal to the CPRB for the three remaining years of the
2010-2014 MTA capital plan includes, among other funding sources,
the proposed issuance of additional bonds. notes or other
obligations. This bill would provide statutory bonding capacity
sufficient to allow (though not require) issuance of the full amount
of bonds, notes and other obligations of MTA. NYCTA, and TBTA
contemplated in MTA's proposed funding package for years 2012 - 2014
of the MTA capital program.

The State has historically raised the MTA's bond cap authorization to
coincide with the approval of the MTA's five-year capital programs.
The cap was last raised in 2010 from $28.9 billion to $34 billion to
ensure funding for the first two years of the MTA's 2010-14 capital
program. In 2006, the cap was raised from $16.5 billion to $28.9
billion to provide sufficient funding for the MTA's 2005-2009 capital
program. In 2000, the cap was raised from $6 billion to $16.5 billion
to provide sufficient funding for the MTA's 2000-2004 capital program.

Budget Implications:

Enactment of this bill is necessary to fund the remaining three years
of the MTA's 2010-14 capital program. While the issuance of
additional debt pursuant to this bill's raised limit would increase
the amount of debt service payable by MTA in the future, the MTA
anticipates that it would use funds currently budgeted as
pay-as-you-go funding to make debt service payments on the additional
debt. MTA expects to repay approximately $7.0 billion in existing
and planned principal over the 2012-2019 period through normal
amortization thereby maintaining a growing. but manageable debt level.

Effective Date:

This bill takes effect immediately.

Part F - Establish an additional retention rate for county clerks
acting as an agent of the Department of Motor Vehicles based upon
internet transactions.

Purpose:

This bill would provide that county clerks would retain a percentage
of motor vehicle fees collected as the result of internet
transactions.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Section 205 of the Vehicle and Traffic Law (VTL) provides that 51
county clerks act as agents of the Commissioner of Motor Vehicles.
These clerks register and title motor vehicles, issue drivers
licenses and perform other critical functions that are also performed
in the state-run motor vehicle offices. Currently, VTL §205(3)
provides that the clerks shall retain 12.7 percent of the gross
receipts collected in their offices.

In recent years, DMV's customers have dramatically increased the use
of the Internet.
For example, almost 30% of registration renewals are done via the
Internet. This serves two purposes: it reduces the number of
individuals who must wait on line in state and county offices and it
enhances customer service.

One result of the increased use of internet services is that county
clerks collect less revenue from motor vehicle transactions. This
proposal would assist the clerks by allowing clerks to retain a
percentage of internet revenue generated by transactions performed by
residents of a given county. Specifically, a clerk would retain 4
percent of fees above the baseline number collected via internet
transactions for calendar year 2011 in that county.

This bill would ameliorate the reduction in motor revenue incurred by
the clerks due to the rise in internet transactions. As technologies
develop, it is anticipated that the number and type of transactions
available through DMV's website will continue to expand. Providing
DMV's county clerk agents with a modest share of revenue derived from
internet transactions removes an artificial barrier to the clerks'
ability to support new technology based initiatives, and allows them
to share in the resulting savings and efficiencies.

Section 1 of this bill would provide that each county clerk shall
retain 4 percent of "enhanced internet and electronic partner
revenue" collected by the commissioner. The share of enhanced
internet and electronic partner revenue retained by each county clerk
would increase or decrease depending upon the amount of revenue

actually delivered to such county clerk during calendar years 2012
and 2013, but in no event would a county clerk's share of the
enhanced internet and electronic partner revenue be lower than 2.5
percent or higher than 6 percent. For purposes of this bill,
"enhanced internet and electronic partner revenue" means the amount
of gross receipts attributable to all transactions conducted on the
Internet by residents of such county and by
designated partners of the department on behalf of such residents for
the current calendar year that exceeds the amount of such revenue
collected by the Commissioner during calendar year 2011.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it will increase revenue to county clerks by $500k in
calendar years 2012 and 2013 and encourage county clerks to support
new State technology based initiatives.

Effective Date:

This bill takes effect April 1, 2012.

Part G - Ensures State compliance with Federal motor carrier
regulations issued by FMSCA and prevents the loss of half the State's
Federal MCSAP funding.

Purpose:

This bill would allow the State's highway safety programs to avoid
over $4 million of annual revenue losses by ensuring State compliance
with Federal Motor Carrier Safety Administration (FMCSA) rules.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

A Federal audit of New York State law has found several discrepancies
between Federal motor carrier safety rules and State law. This
proposal will bring State law into conformance and will allow the
State to avoid over $4 million in annual Federal revenue loss. Motor
Carrier Safety Assistance Program (MCSAP) grants are used to support
State motor carrier compliance reviews; conduct roadside inspections;
enforce violations noted in roadside inspections, and ensure that new
trucking firms pass a safety audit to receive permanent registration.

Sections 1 through 5 expand the variety of entities covered by the
State's law in accordance with Federal regulations (49 CFR 390.3).
Section 4 changes the period of time for which a commercial vehicle
may display an out-of-state or Canadian province certificate of
inspection from six months from the date issued to twelve months.
Section 6 expands coverage of hours of service rules for commercial
motor vehicle drivers to private carriers in accordance with 49 CFR
395.1(a). Section 7 subjects all motor buses operated by a public

authority within the jurisdictional area of such public authority to
the maximum driving and on-duty time rules for commercial motor
vehicle drivers in accordance with 49 CFR 395.5. Section 8 changes
record-keeping provisions in accordance with 49 CFR 395.8(k)(2).
Section 9 eliminates the exceptions to the hours of service rules
that conflict with the Federal hours of service rules in 49 CFR 395.1.

Section 10 deletes the definitions of hazard classes and provides that
the rules governing the transport of hazardous materials will be set
forth in the rules and regulations promulgated by the Department of
Transportation (these rules and regulations will comply with 49 CFR
171-173). Sections 11 through 16 are technical amendments that change
references of "interstate commerce commission" to "United States
department of transportation" to conform to Federal Motor Carrier
Safety Administration rules. Sections 17 through 20 are technical
amendments to conform other State laws to this proposal. This is a
new proposal.

Budget Implications:

This proposal would ensure State compliance with Federal highway
regulations, thereby avoiding Federal penalties and saving the State
$2.1 million in 2012-13 and $4.2 million annually thereafter.

Effective Date:

This bill takes effect April 1, 2012.

Part H - Eliminate certain tagging requirements, streamline various
fish and wildlife licenses, permits and associated fees and extend
the authority of the Department of Environmental Conservation to
collect fees for ocean quahogs taken from all certified waters.

Purpose:

This bill would eliminate certain tagging requirements, streamline
requirements with respect to various fish and wildlife licenses,
permits and associated fees, and extend the authority of the
Department of Environmental Conservation (DEC) to collect fees for
ocean. quahogs taken from all certified waters.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would streamline DEC services allowing the agency to operate
more efficiently and provide services to the general public in the
most uncomplicated manner as possible while still preserving the
legislative intent of various statutes.

The provisions in this bill would amend the Environmental Conservation
Law (ECL) by:

o Eliminating the requirement for a license to collect or possess
birds' nests or eggs;
o Waiving the requirement for a DEC permit if a depredation permit
(issued to address wildlife or game bird nuisances) has been issued
by the U.S. Department of Interior;
o Adding muskrats to the list of nuisance animals that may be taken
without a permit;
o Exempting municipalities from the fee for a nuisance wildlife
control operator license;
o Eliminating the $5 fee on permits for the possession for use of a
firearm in or on a motor vehicle by a non-ambulatory person;
o Eliminating various tagging requirements;
o Increasing the length of the term from one to five years for
domestic game bird breeder's licenses, shooting preserve licenses and
domestic game animal breeder's licenses, while reducing the fee per
year for such licenses;
o Increasing the length of the term from two to five years for
falconry licenses, while reducing the fee per year for such licenses;
and
o Extending until April 1 ,2016, DEC's authority to collect
fifteen cents per bushel of surfclams and ten cents per bushel of
ocean quahogs.

Under existing law, ECL Article 11 requires, among other things, (i)
the tagging of various fish and wildlife and (ii) various licenses
and permits for the handling of fish and wildlife. ECL Article 13
provides that DEC, until April 1, 2010, shall be entitled to collect
fees on surfclams and ocean quahogs taken from certified waters.

Budget Implications:

Enactment of this bill is necessary to implement the 2013 Executive
Budget because it would result in reduced administrative effort and
streamline services. All of the fees addressed in this bill
collectively generate revenue of approximately $70,000 annually,
which are deposited into the Conservation Fund. Elimination of
certain fees and permits as well as adjustments to permit and license
terms, as required under the bill, would reduce overall revenue but
with a corresponding reduction in administrative workload.
Additionally, since 2006, DEC has collected between $45,000 and
$61,000 annually in fees for surfclams and ocean quahogs, which are
then deposited into the Surfclam/Ocean Quahog Account of the
Conservation Fund. These funds are used to conduct population surveys
and stock assessments on the surfclam/ocean quahog fishery.

Effective Date:

This bill takes effect immediately.

Part I - Clarify that the State does not regulate Voice over Internet
Protocol (VoIP) service, in order to facilitate competition for the
benefit of consumers and businesses alike.

Purpose:

This bill would clarify that the Public Service Commission and other
State agencies do not have authority to regulate rates or other terms
of service related to Voice over
Internet Protocol (VoIP) service. New York State consumer protections
would not be impacted by this bill.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill clarifies in State law the role of State agencies with
respect to regulating VoIP, a technology that allows customers to
make phone calls using a broadband internet connection instead of a
regular (or analog) phone line.

VoIP offers an economical and reliable alternative to traditional
networks for providing communication connections. This bill would
benefit rural residents and businesses by:
(i) making it less expensive for telecommunication companies to extend
broadband communication systems to rural areas; (ii) allowing remote
businesses to transform the way they do business; and (iii)
facilitating higher paying information age jobs. The bill would also
further promote competition among the different types of
communication services currently available in all areas of the State.

This bill does not affect the State's authority to enforce federal
requirements, to the extent applicable, with respect to 911
facilities, "Enhanced 911" fees, telecommunications relay service,
and federal Universal Service Fund fees. New York State's consumer
protection laws, including those barring unfair or deceptive trade
practices, continue to apply.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, because of the increased economic activity and investment
through expanded broadband deployment.

Effective Date:

This bill takes effect immediately.

Part J - Reduce costs on businesses by amending the formula for the
imposition of the fees on hazardous waste and hazardous wastewater to
incentivize the on site recycling of such waste.

Purpose:

This bill would amend the formula used in the Environmental
Conservation law (ECL), as previously amended in 2010, by exempting
from the fee requirement associated with the generation of hazardous

waste certain amounts of such waste that are recycled as a mechanism
to incentivize on-site recycling.

Statement in Support, Summary of Provisions. Existing Law, and
Prior Legislative History:

Existing law sets forth regulatory fees for the generation of
hazardous waste and hazardous wastewater. This bill would promote
on-site recovery and reuse and external sale of excess recovered
hazardous waste while still assessing the fee for hazardous waste and
hazardous wastewater on the amount of such materials actually
disposed of as a hazardous waste.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it will eliminate an unintended consequence of a 2010
ECL amendment.

Effective Date:

This bill takes effect immediately and shall apply to hazardous waste
program fee bills issued by the Department of Environmental
Conservation after January 1, 2012 for hazardous waste or hazardous
wastewater generated during calendar year 2011 or later.

Part K - Terminate unnecessary State Operating Fund support of the
Environmental Facilities Corporation with respect to the Clean Water
and Drinking Water State Revolving Funds.

Purpose:

This bill would eliminate State Operating Fund support of the
Environmental Facilities Corporation (EFC) with respect to the Clean
Water and Drinking Water State Revolving Funds, in a manner that
preserves (i) all existing channels of EFC's financial support of the
Departments of Environmental Conservation and Health, and (ii)
existing job levels at EFC. The bill would also eliminate duplicative
administrative functions at EFC and the Office of the State
Comptroller (OSC).

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

EFC - a financially self-sustaining authority - was established to
provide local governments with low cost financing associated with
constructing and maintaining drinking water and water pollution
control facilities. In general, EFC is funded by Federal
capitalization grants and State matching funds, loan repayments and
internally generated funds. The original purpose of the appropriation
at issue ($12 million) was to be a source of administrative cash flow
for EFC prior to EFC's receipt of similarly purposed Federal funds

from which reimbursement was provided by EFC back to the
State. Currently, EFC maintains two payroll systems, one through the
appropriation and another for its remaining off-budget employees.
EFC's on-budget appropriations have been used to meet a portion of
EFC's personal service (payroll) costs. All personal service payments
issued by OSC through this state appropriation are fully reimbursed
by EFC. Given its self-sustaining nature, EFC does not need support
from State Operating Funds.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, because it would result in reducing the overall size of State
Operating Funds by $12 million, while maintaining EFC's current
workforce levels, and eliminate the administrative burden associated
with EFC and OSC operating two separate payroll systems (one
off-budget and one on-budget).

Effective Date:

This bill takes effect immediately and shall be deemed to have been in
full force and effect on and after April 1, 2012.

Part L - Eliminate the mandate that the New York State Agricultural
Experiment Station be the exclusive seed testing entity in the State,
and allow testing to be conducted by the Department of Agriculture
and Markets or a qualified laboratory.

Purpose:

This bill would remove the current requirement that the New York State
Agricultural Experiment Station be the exclusive seed testing entity
in the State, and allow testing to be conducted by the Department of
Agriculture and Markets (Department) or a qualified laboratory.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Under existing law, the Department is required to submit seed samples
to the New York State Agricultural Experiment Station (NYSAES),
operated by Cornell University, for seed analysis and testing which
supports the Department's regulatory role and assures farmers,
homeowners and various businesses that the seed's quality is
consistent with its label. NYSAES can no longer accommodate the Seed
Testing Program. As such, this proposal would amend Agriculture and
Markets Law to allow seed testing to be performed by the Department
of Agriculture and Markets or a qualified laboratory. The Department
may be able to accommodate the seed testing responsibility when the
New York State Food and Metrology Laboratory is built and
operational, which is planned for
the Fall of 2012. In the interim, the Department would contract for
services with an alternative laboratory.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget as it would enable the Department to save $78,000 annually if
testing were performed by the Department or a qualified laboratory.
The 2011-12 Enacted Budget included $128,000 for the NYSAES.

Effective Date:

This bill takes effect immediately.

Part M - Provide the Department of Agriculture and Markets with more
comprehensive fee-for-service authority in order to recover normal
costs related to services provided to other states.

Purpose:

This bill authorizes the Commissioner of Agriculture and Markets
(Commissioner) to enter into contracts and cooperative agreements to
provide services of the Department of Agriculture and Markets
(Department) for a fee to governmental and educational entities when
it serves the public interest.

Statement in Support, Summary of Provisions, Existing Law.
and Prior Legislative History:

Under existing law, the Commissioner is authorized to enter into
contracts and cooperative agreements only to provide laboratory
services of the Department for a fee.
This bill will enable the Department to charge a fee for other
services that it currently performs. For example, this bill will
allow the Department to enter into contracts and cooperative
agreements with other states to conduct milk or food safety
inspections or assist with invasive species eradication and control
efforts, and charge the state for that service. Similarly, this bill
will allow the Department to conduct food safety training seminars at
educational facilities for a fee, which in turn will better enable
the regulated community to comply with food safety requirements.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it will allow the Department to recoup costs
associated with services it provides that are related to its core
mission.

Effective Date:

This bill takes effect immediately.

Part N - Redirect certain fees currently deposited to the Consumer
Food Account and the Commercial Feed Licensing Account to the General

Fund, as a result of the consolidation of these accounts into the
General Fund.

Purpose:

This bill would redirect certain fees currently deposited to the
Consumer Food Account and the Commercial Feed Licensing Account to
the General Fund, as a result of the consolidation of these accounts
into the General Fund.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Under existing law, food processing establishment license fees and
commercial feed tonnage and license fees are deposited into certain
Special Revenue Funds. In recent years, revenues from these fees have
not kept pace with the increasing costs of administering the
respective programs, resulting in a structural imbalance. This bill
would allow the respective license and tonnage fees collected by the
Department pursuant to Agriculture and Markets Law Article 8 and 20-C
to be deposited to the General Fund to offset the costs of inspection
and administration. This proposal, together with the shifting of
corresponding special revenue fund appropriations and costs to the
General Fund, would enable the Department to maintain existing levels
of food safety inspection and oversight.

This bill would also provide for a more efficient and less complicated
licensing renewal period schedule by replacing four food processing
license application periods with a rolling application schedule.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it provides a mechanism to allow the Department to
maintain existing levels of food safety inspection and oversight.

Effective Date:

This bill takes effect immediately.

Part 0 - Authorize and direct the Comptroller to receive for deposit
to the credit of the General Fund a payment of up to $913,000 from
the New York State Energy Research and Development Authority.

Purpose:

This bill would authorize and direct the Comptroller to receive for
deposit to the credit of the General Fund a payment of up to $913,000
from the New York State Energy Research and Development Authority
(NYSERDA).

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would authorize and direct the Comptroller to receive for
deposit to the credit of the General Fund a payment of up to $913,000
from NYSERDA from unrestricted corporate funds. The $913,000 transfer
will help offset New York State's debt service requirements relating
to the Western New York Nuclear Service Center (West Valley).
Chapter 60 of the Laws of 2011 provided a similar one year
authorization.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-2013
Executive Budget because it authorizes the Comptroller to accept from
NYSERDA $913,000 in payments to the General Fund as provided in the
Financial Plan.

Effective Date:

This bill takes effect immediately.

Part P - Authorize the New York State Energy Research and Development
Authority to finance a portion of its research, development and
demonstration, and policy and planning programs, and to finance the
Department of Environmental Conservation's climate change program,
from an assessment on gas and electric corporations.

Purpose:

This bill would authorize the New York State Energy Research and
Development Authority (NYSERDA) to obtain revenue for certain
programs from a special assessment on gas corporations and electric
corporations.

Statement in Support Summary of Provisions, Existing Law,
and Prior Legislative History:

The bill would authorize NYSERDA to finance its research, development
and demonstration, and policy and planning programs, and to finance
the Department of Environmental Conservation's climate change
program, from a special assessment on gas corporations and electric
corporations. Section 18-a of the Public Service Law authorizes the
Department of Public Service to assess gas corporations and electric
corporations for expenses related to administering Public Service Law
programs. This is a special assessment, in addition to the section
18-a assessment, which has been proposed annually as an Article VII
provision, and a similar bill was last enacted as Part Q of Chapter
60 of the Laws of 2011. Without this authorization, NYSERDA and DEC
could not continue to implement necessary programs in the 2012-13
State Fiscal Year.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it authorizes the collection of assessments to fund
NYSERDA's research, development and demonstration, and policy and
planning programs and, as set forth in the appropriation, DEC's
climate change program. A $16.2 million appropriation is included in
NYSERDA's budget for these programs.

Effective Date:

This bill takes effect immediately.

Part Q - Amend the Jacob K. Javits Convention Center enabling
legislation to authorize the disposal of adjacent properties.

Purpose:

This bill would amend the law authorizing the construction, expansion
and renovation of the Jacob K. Javits Convention Center (Javits
Center) to permit the Convention Center Development Corporation
(CCDC), a subsidiary of the New York State Urban Development
Corporation, to dispose of real and personal property.

Summary of Provisions, Existing Law, Prior Legislative History,
and Statement in Support:

CCDC owns multiple parcels of land at and adjacent to the Javits
Center site that may not be incorporated into or required for the
continued use or expansion of the Javits Center.

The bill would enable the CCDC to dispose of any property it owns that
is determined to be unnecessary for current or future expansion plans
for the Javits Center and to
transfer the proceeds from any disposition of such property to the
State's General Fund.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, which proposes that proceeds from the sale of land adjacent
to the Javits Center will be transferred to the State's General Fund.

Effective Date:

This bill takes effect immediately.

Part R - Make permanent the general loan powers of the New York State
Urban Development Corporation.

Purpose:

This bill would make permanent the general loan powers of the New York
State Urban Development Corporation (UDC).

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Chapter 393 of the Laws of 1994 provides UDC with the general power to
make loans.
This authorization has been renewed annually and is currently set to
expire on July 1, 2012. The sunset date has been extended each year
since 1997.

Absent enactment of this bill, UDC will only be authorized to make
loans in connection with certain State-funded economic development
programs that have statutory loan authorization.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, which assumes that UDC will provide certain economic
development assistance through loans. Absent this legislation, the
UDC could not fund approved loans being made by the Metropolitan
Economic Revitalization Fund.

Effective Date:

This bill takes effect immediately.

Part S - Make permanent the Empire State Economic Development Fund.

Purpose:

This bill would make permanent the Empire State Economic Development
Fund (EDF), one of the State's primary economic development grant and
loan programs for job creation and job retention.

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

This bill would eliminate the section of the New York State Urban
Development Corporation Act (UDC Act) that provides for the
expiration of the EDF, thereby making the EDF permanent.

The EDF was created in 1996 with the adoption of Section 16-1 of the
UDC Act, L.1996, c.309, §105. The EDF is the only economic development
program that contains a sunset provision. Elimination of the sunset
provision would permit UDC to fulfill prior commitments made through
this program to businesses and other stakeholders throughout the
State without interruption.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, which assumes new EDF funding as well as the continuity of
previously authorized EDF funding.

Effective Date:

This bill takes effect immediately and will be deemed to have been in
full force and effect on and after April 1, 2009.

Part T - Provide general grant-making power for the New York State
Urban Development Corporation.

Purpose:

This bill would add grant-making to the general powers of the New York
State Urban Development Corporation (UDC).

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

Currently, UDC's ability to make grants derives solely from the
program-specific sections of the New York State Urban Development
Corporation Act. These individual
program sections typically include program-specific loan-making and
grant-making authority. To further support and clarify the statutory
activities of UDC, the corporation was given the legal authority to
make loans without program-specific authorization in 1994. UDC has
relied on this general loan-making power to make loans using
available funds that do not relate to a program contained within the
UDC Act, such as the Metropolitan Economic Revitalization Fund.

Enactment of this bill is necessary to allow UDC to similarly make
grants with available funds for programs that are authorized outside
the UDC Act. Inclusion in the UDC Act of general grant-making power
is a logical corollary to its general loan-making power and would
provide UDC with the necessary authority to structure financial
assistance to businesses and other entities.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, portions of which appropriate funding for purposes related to
programs authorized outside of the UDC Act.

Effective Date:

This bill takes effect immediately.

Part U - Provide a 3 percent linked loan savings for agricultural
businesses.

Purpose:

This bill would provide a 3 percent linked loan savings for
agricultural businesses.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Linked Deposit Program helps New York State firms obtain
reduced-rate financing so they can undertake projects to improve
their competitiveness, market access and product development;
modernize their equipment; expand their facilities for productivity
growth; introduce new technologies; facilitate ownership transition;
and promote job creation and retention.

The Linked Deposit Program currently only provides for a 2 percent
reduction in interest rates for a 4 year period or a 3 percent
reduction for projects in a highly distressed area.
This bill would expand the Linked Deposit Program to ensure that
certain agricultural businesses will be eligible for a 3 percent
reduction in interest rates on linked deposit loans. Reduction of the
interest rate for agricultural businesses will benefit farms and
encourage growth in agriculture throughout the State.

Budget Implications:

Enactment of this bill is necessary to implement the 2013 Executive
Budget because it will stimulate growth in the agricultural sector
and create and retain jobs.

Effective Date:

This bill takes effect immediately.

Part V - Authorize the Department of Health to finance certain
activities with revenues generated from an assessment on cable
television companies.

Purpose:

This bill would authorize the Department of Health (DOH) to finance
public service education activities with revenues generated from an
assessment on cable television companies.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The bill would authorize certain expenditures of DOH as eligible
expenses for cable television assessment revenue. Section 217 of the
Public Service Law authorizes the Department of Public Service (DPS)
to assess cable television companies for DPS costs associated with
the regulation of cable television companies. This annual Article VII
bill also makes DOH public service education expenses, charged to the

special revenue cable television account, eligible for this funding.
Chapter 60 of the Laws of 2011 provided similar authorization.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-2013
Executive Budget because it ensures the recovery of public service
education expenses incurred by DOH, as provided for in the Financial
Plan. A $454,000 appropriation is included in DOH's budget for these
activities.

Effective Date:

This bill takes effect immediately.

Part W - Extends the renewal period for certain disciplines licensed
by the Department of State.

Purpose:

This bill would increase the renewal term for security guards and real
estate salespersons and brokers from two to four years and
correspondingly doubles the associated fee.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would amend the General Business Law and the Real Property
Law to extend the term for certain disciplines licensed and regulated
by the Department of State. Each renewal fee would be doubled as a
result of the extended licensing term.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-2013
Executive Budget as the State Financial Plan assumes approximately
$1.8 million in additional revenue from the implementation of its
provisions.

Effective Date

This bill takes effect immediately.

Part X - Make uncashed pari-mutuel vouchers subject to escheatment.

Purpose:

This bill would provide that all cash pari-mutuel vouchers must be
presented for payment before April 1st of the year following the
year of their purchase; if not presented, the funds will be paid to
the racing regulation account

Statement in Support, Summary of Provisions. Existing Law
and Prior Legislative History:

Uncashed pari-mutuel tickets are subject to escheatment if not
presented for payment by April 1st of the year following their year
of purchase. No provision in law is made for pari-mutuel vouchers
that are not presented for payment.

This bill would amend Sections 235, 301, 401, and 529 of the Racing,
Pari-Mutuel Wagering and Breeding Law to provide that all cash
pari-mutuel vouchers must be presented for payment before April 1st
of the year following the year of their purchase; if
not presented, the funds will be paid to the racing regulation account
established pursuant to Section 111 of the Racing, Pari-Mutuel
Wagering and Breeding Law.

Additionally, the bill would repeal existing subdivision a concerning
admission charges;
this quarterhorse racing provision was inadvertently not repealed with
corresponding thoroughbred and harness racing provisions (Chapter 211
of the Laws of 1999).

Budget Implications:

This bill would increase funds for the regulation of pari-mutuel horse
racing by an annualized value of $200,000.

Effective Date:

This bill takes effect immediately with authorization
for the promulgation of any rules necessary for timely implementation.

Part Y - Reduce Racing and Wagering Board employee costs.

Purpose:

This bill would authorize licensed harness racing
associations and corporations to appoint and employ the starter and
one of the officiating judges at parimutuel harness race meetings.

Statement in Support, Summary of Provisions, Existing Law
and Prior Legislative History:

This bill would more closely align the appointment and employment of
certain racing officials by the licensed track operator. One of the
three stewards as well as the starting-related employees at
thoroughbred race meetings are employed by the track operator.
Qualified and employable candidates should be readily available as
the corresponding positions would be abolished by the Racing and
Wagering Board. The abolition of positions would also alleviate the
so-called revolving door bar otherwise applicable pursuant to Public
Officers Law Section 73.8.

This bill would provide that the licensed harness racing associations
and corporations shall employ and appoint one associate judge and the
starter to serve at pari-mutuel harness race meetings.

Under current law, the Racing and Wagering Board designates and
employs all of the racing officials who supervise the conduct of live
pari-mutuel harness racing.

Budget Implications:

This bill would reduce the cost of racing regulation in the
approximate annualized amount of $829,000 based on salary, fringe
benefit and indirect costs at seven harness tracks.

Effective Date:

This bill takes effect ninety days after it becomes law.

Part Z - Enable the Commissioner of Agriculture and Markets to issue a
dairy research and education order to fund research for the purpose
of improving dairy industry production and increasing the efficiency
and profitability of the State's dairy industry.

Purpose:

This bill would enable the Commissioner of Agriculture and Markets to
issue a dairy research and education order to fund research for the
purpose of improving dairy industry production and increasing the
efficiency and profitability of the State's dairy industry.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Existing law provides for an industry-initiated and funded referendum
process to provide the Commissioner with approval to issue dairy
promotion orders associated with advertising and promotion of milk,
and post-production research to develop new and
improved dairy products. This bill would add another such referendum
process but for the purpose of funding farm level research and
education, with the goal of increasing the profitability of milk
production and the New York dairy industry in general.

The procedure established under the bill is similar to the statutory
procedures established with respect to dairy promotion orders, as
well as other promotion and research orders that are currently in
place for fruits and vegetables. Accordingly, the bill would
authorize the Commissioner, after due notice and opportunity for a
hearing, and subject to approval of fifty-one percent of milk
producers, to make and issue a dairy research and education order.
The bill would also specify requirements with respect to amending or
terminating any such research and education order, creating an
advisory committee, levying assessments against all milk producers

subject to the order, and providing for payments to institutions or
organizations engaged in research and/or educational activities that
would result in improved dairy production and farm profitability.

Budget Implications:

Enactment of this bill will ensure sufficient future funding to
support necessary dairy research and education once the order is
created, a process which may take a year to complete.

Effective Date:

This bill takes effect immediately.

Part AA - Increase cost recovery from public authorities to support
auditing and oversight work done by the Office of the State
Comptroller.

Purpose:

This bill would increase the amount of governmental costs assessed to
public authorities to support oversight.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Under current law, the State may assess public authorities up to $60
million to cover the costs of services provided to public
authorities. This bill would increase that amount to $62 million.

The Public Authorities Accountability Act of 2005 and the Public
Authorities Reform Act of 2009 increased transparency and
accountability of the State's public authorities and requires
enhanced oversight of authority activities. The increase in
assessments would support this oversight.

Budget Implications:

This bill is necessary to implement and balance the 2012-13 State
Budget by increasing the authority to collect revenues in an amount
commensurate with expected spending.

Effective Date:

This bill takes effect immediately.

The provisions of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

2011-S6258 - Bill Text download pdf

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

    S. 6258                                                  A. 9058

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

                            January 17, 2012
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT to authorize funding for the Consolidated Local Street and High-
  way Improvement Program (CHIPS)  and  Marchiselli  program  for  state
  fiscal  year  2012-2013;  to  amend  chapter  329 of the laws of 1991,
  amending the state finance law and other laws relating to  the  estab-
  lishment  of the dedicated highway and bridge trust fund; and to amend
  chapter 60 of the laws of 2011, authorizing funding  for  the  Consol-
  idated  Local  Street  and  Highway  Improvement  Program  (CHIPS) and
  Marchiselli program for state fiscal year 2011-2012 and amending chap-
  ter 329 of the laws of 1991, amending the state finance law and  other
  laws relating to the establishment of the dedicated highway and bridge
  trust  fund,  in  relation  to  the effectiveness thereof (Part A); to
  amend the highway law and the state finance law, in relation to  modi-
  fying  the distribution of certain funds (Part B); to amend the trans-
  portation law,  in  relation  to  enacting  a  performance  based  bus
  inspection  program (Part C); to amend the vehicle and traffic law, in
  relation to commercial driver's licenses and  medical  certifications;
  and  to  repeal paragraph (f) of subdivision 3 of section 510-a of the
  vehicle and traffic law,  relating  to  commercial  driver's  licenses
  (Part  D);  to amend the public authorities law, in relation to notes,
  bonds and other obligations of the metropolitan transportation author-
  ity, Triborough bridge and tunnel authority and New York city  transit
  authority  (Part  E);  to amend vehicle and traffic law in relation to
  establishing an additional retention rate for county clerks acting  as
  an agent of the department of motor vehicles based upon internet tran-
  sactions  (Part  F);  to amend the transportation law, the vehicle and
  traffic law, the general municipal law, the environmental conservation
  law and the executive law, in relation to federal revenue; and repeal-
  ing section 214 of the transportation law relating thereto  (Part  G);
  to  amend the environmental conservation law, in relation to the regu-
  lation of various fish and wildlife licenses, permits  and  fees;  and

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

                      [ ] is old law to be omitted.
                                                           LBD12673-01-2

S. 6258                             2                            A. 9058

  repealing certain provisions of such law relating thereto (Part H); to
  amend  the  public service law, in relation to eliminating state regu-
  lation of VoIP service in order to facilitate competition  and  ensure
  consumers  receive  the  maximum  benefit  of competition (Part I); to
  amend the environmental conservation law,  in  relation  to  hazardous
  waste program fees and surcharges (Part J); to amend the state finance
  law  and  the public authorities law, in relation to the sewage treat-
  ment and drinking water funds and  the  water  pollution  control  and
  drinking  water revolving funds (Part K); to amend the agriculture and
  markets law, in relation to seed testing (Part L); to amend the  agri-
  culture and markets law, in relation to fees for services (Part M); to
  amend  the agriculture and markets law, in relation to food processing
  license fees; and to repeal subdivision 4 of section 128-a and  subdi-
  vision  3  of  section  133-a  of  the agriculture and markets law and
  section 90-b of the state finance law relating to the commercial  feed
  licensing  fund  (Part  N); to authorize and direct the New York state
  energy research and development authority to make  a  payment  to  the
  general  fund  of  up  to $913,000 (Part O); to authorize the New York
  state energy research and development authority to finance  a  portion
  of its research, development and demonstration and policy and planning
  programs  from  assessments on gas and electric corporations (Part P);
  to amend chapter 35 of the laws of  1979,  relating  to  appropriating
  funds  to  the  New  York  state urban development corporation for the
  acquisition and initial planning of convention and  exhibition  center
  facilities  in  New  York  county, in relation to additional powers of
  such corporation (Part Q); to amend chapter 393 of the laws  of  1994,
  amending  the New York state urban development corporation act, relat-
  ing to the powers of the New York state urban development  corporation
  to  make  loans, in relation to the effectiveness thereof (Part R); to
  repeal subdivision 3 of section 16-m  of  the  New  York  state  urban
  development   corporation   act,  in  relation  to  extending  certain
  provisions relating to the  empire  state  economic  development  fund
  (Part  S);  to  amend the New York state urban development corporation
  act, relating to the powers of the New York  state  urban  development
  corporation  to  make grants (Part T); to amend the state finance law,
  in relation to the excelsior linked deposit act (Part U); to authorize
  the department of health to finance certain activities  with  revenues
  generated  from  an assessment on cable television companies (Part V);
  to amend the general business  law  and  the  real  property  law,  in
  relation to increasing the term of licensure and registration from two
  to  four years (Part W); to amend the racing, pari-mutuel wagering and
  breeding law, in relation to presenting uncashed pari-mutuel  vouchers
  within  a  prescribed  period  of  time (Part X); to amend the racing,
  pari-mutuel wagering and breeding law and the public officers law,  in
  relation to employment of officials at harness race meetings (Part Y);
  to  amend  the agriculture and markets law, in relation to authorizing
  the creation of a dairy research and education order (Part Z); and  to
  amend  public  authorities  law,  in relation to the recovery of state
  governmental costs from public authorities and public  benefit  corpo-
  rations (Part AA)

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

S. 6258                             3                            A. 9058

  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 AA. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. The sum of four hundred two million seven  hundred  ninety-
seven  thousand  dollars  ($402,797,000), or so much thereof as shall be
necessary, and in addition to amounts previously appropriated by law, is
hereby made available, in accordance with subdivision 1 of  section  380
of  the  public  authorities  law as amended, according to the following
schedule.  Payments pursuant to subdivision (a) of this section shall be
made available as moneys become available for  such  payments.  Payments
pursuant  to  subdivisions  (b)  and  (c)  of this section shall be made
available on the fifteenth day of June, September, December and March or
as soon thereafter as moneys become  available  for  such  payments.  No
moneys  of  the state in the state treasury or any of its funds shall be
available for payments pursuant to this section:
                                SCHEDULE
  (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
1991, as amended. The department of transportation  shall  provide  such
information  to  the  municipalities as may be necessary to maintain the
federal tax exempt status of any  bonds,  notes,  or  other  obligations
issued  by  such  municipalities to provide for the non-federal share of
the cost of projects pursuant to chapter 330 of  the  laws  of  1991  or
section 80-b of the highway law.
  The  program  authorized  pursuant to section 15 of chapter 329 of the
laws of 1991, as added by section 9 of chapter 330 of the laws of  1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year        Amount
                    2012-13                  $39,700,000
  (b)   Three  hundred  four  million  three  hundred  thousand  dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of eligible costs of local  highway  and  bridge  projects  pursuant  to
sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
section 9 of chapter 330 of the  laws  of  1991,  as  amended.  For  the
purposes of computing allocations to municipalities, the amount distrib-
uted  pursuant to section 16 of chapter 329 of the laws of 1991 shall be
deemed to be $121,520,000.  The amount distributed pursuant  to  section
16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
$182,780,000.  Notwithstanding the provisions of any general or  special
law,  the  amounts  deemed  distributed in accordance with section 16 of
chapter 329 of the laws of 1991 shall be adjusted so that  such  amounts
will  not  be less than 83.807 percent of the "funding level" as defined

S. 6258                             4                            A. 9058

in subdivision 5 of section 10-c of the highway law for each such  muni-
cipality.  In  order  to achieve the objectives of section 16 of chapter
329 of the laws of 1991, to the extent necessary, the amounts in  excess
of  83.807 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced  in  equal  propor-
tion.
  (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible  costs  of
local  highway  and  bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing  allocations
to  municipalities,  the  amount  distributed  pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be  $23,480,000.  The
amount  distributed  pursuant to section 16-a of chapter 329 of the laws
of  1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding   the
provisions of any general or special law, the amounts deemed distributed
in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 16.193 percent of
the "funding level" as defined in subdivision 5 of section 10-c  of  the
highway  law  for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
necessary,  the amounts in excess of 16.193 percent of the funding level
to be deemed distributed to each  municipality  under  this  subdivision
shall  be  reduced  in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000,
the payment amounts to each locality shall  be  adjusted  by  a  uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991,  as  amended,  shall  additionally make payments for reimbursement
according to the following schedule:
                    State Fiscal Year        Amount
                    2012-13                  $363,097,000
  S 2. Subdivision (f) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as added by section
2 of part A of chapter 60 of the laws of 2011, is  amended  to  read  as
follows:
  (f)  For purposes of this section and section 10-c of the highway law,
for projects completed on or before March 31, [2012] 2013 local  highway
and  bridge  projects  may  also  include  the following work types: (1)
microsurfacing, (2) paver placed surface treatment,  (3)  single  course
surface treatment involving chip seals and oil and stone, and (4) double
course  surface treatment involving chip seals and oil and stone, howev-
er, no reimbursement shall be made for  (1)  microsurfacing,  (2)  paver
placed  surface treatment, (3) single course surface treatment involving
chip seals and oil and stone, and (4) double  course  surface  treatment
involving  chip  seals  and  oil  and stone after March 31, [2012] 2013.
Reimbursement for projects using these treatments may be made  from  the
proceeds  of  bonds,  notes  or other obligations issued by the New York
state thruway authority pursuant to section 380 of the  public  authori-
ties law or otherwise as determined by the director of the budget.
  S  3.  Subdivision  (f)  of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment  of  the dedicated highway and bridge trust fund, as added

S. 6258                             5                            A. 9058

by section 3 of part A of chapter 60 of the laws of 2011, is amended  to
read as follows:
  (f)  For purposes of this section and section 10-c of the highway law,
for projects completed on or before March 31, [2012] 2013 local  highway
and  bridge  projects  may  also  include  the following work types: (1)
microsurfacing, (2) paver placed surface treatment,  (3)  single  course
surface treatment involving chip seals and oil and stone, and (4) double
course  surface treatment involving chip seals and oil and stone, howev-
er, no reimbursement shall be made for  (1)  microsurfacing,  (2)  paver
placed  surface treatment, (3) single course surface treatment involving
chip seals and oil and stone, and (4) double  course  surface  treatment
involving  chip  seals  and  oil  and stone after March 31, [2012] 2013.
Reimbursement for projects using these treatments may be made  from  the
proceeds  of  bonds,  notes  or other obligations issued by the New York
state thruway authority pursuant to section 380 of the  public  authori-
ties law or otherwise as determined by the director of the budget.
  S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment  of  the  dedicated  highway  and  bridge trust fund, as amended by
section 4 of part A of chapter 60 of the laws of  2011,  is  amended  to
read as follows:
  (d) Any such service contract (i) shall provide that the obligation of
the  director  of  the budget or the state to fund or to pay the amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provisions in the  event  the
thruway  authority assigns or pledges service contract payments as secu-
rity for its bonds or notes, (ii) shall be deemed executory only to  the
extent  moneys  are available and that no liability shall be incurred by
the state beyond the moneys available for the  purpose,  and  that  such
obligation  is  subject  to annual appropriation by the legislature, and
(iii) shall provide that no funds  shall  be  made  available  from  the
proceeds  of  bonds  or notes issued pursuant to this chapter unless the
commissioner of transportation has certified  to  the  chairman  of  the
thruway  authority  that  such  funds  shall be used exclusively for the
purposes  authorized  by  subdivision  (a)  of  this   section,   and/or
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,
preliminary  engineering,  and  construction supervision and inspection,
where the service life of the project is  at  least  ten  years  or  for
projects  completed on or before March 31, [2012] 2013 where the project
is:  (1) microsurfacing, (2) paver placed surface treatment, (3)  single
course  surface treatment involving chip seals and oil and stone and (4)
double course surface treatment involving chip seals and oil and  stone,
and  unless  the director of the budget has certified to the chairman of
the thruway authority that a spending plan has  been  submitted  by  the
commissioner  of transportation and has been approved by the director of
the budget. No reimbursement shall be made for (1)  microsurfacing,  (2)
paver  placed  surface  treatment,  (3)  single course surface treatment
involving chip seals and oil and stone, and (4)  double  course  surface
treatment  involving chip seals and oil and stone after March 31, [2012]
2013.
  S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
section  5  of  part  A of chapter 60 of the laws of 2011, is amended to
read as follows:

S. 6258                             6                            A. 9058

  (b) Each county, city, town and village shall certify to  the  commis-
sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
construction, reconstruction or improvement of local  highways,  bridges
and/or  highway-railroad  crossings, including right of way acquisition,
preliminary  engineering,  and  construction  supervision and inspection
where the service life of the project is  at  least  ten  years  or  for
projects  completed on or before March 31, [2012] 2013 where the project
is: (1) microsurfacing, (2) paver placed surface treatment,  (3)  single
course  surface treatment involving chip seals and oil and stone and (4)
double course surface treatment involving chip seals and oil and  stone.
No  reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface  treatment  involving  chip
seals and oil and stone, and (4) double course surface treatment involv-
ing  chip  seals  and  oil  and stone after March 31, [2012] 2013.  Such
certification shall include any such information as may be necessary  to
maintain  the  federal  tax exempt status of bonds, notes or other obli-
gations issued by the New  York  state  thruway  authority  pursuant  to
section 380 of the public authorities law. The commissioner of transpor-
tation  shall  in  writing  request  the  municipalities to furnish such
information as may be necessary to comply with this section.
  S 6. Subdivision (b) of section 16-a of chapter 329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 6 of part A of chapter 60 of the laws of 2011, is amended  to
read as follows:
  (b)  Each  county, city, town and village shall certify to the commis-
sioner  of  transportation  that  amounts  to  be  reimbursed  are   for
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,
preliminary  engineering,  and  construction  supervision and inspection
where the service life of the project is  at  least  ten  years  or  for
projects  completed on or before March 31, [2012] 2013 where the project
is: (1) microsurfacing, (2) paver placed surface treatment,  (3)  single
course  surface treatment involving chip seals and oil and stone and (4)
double course surface treatment involving chip seals and oil and  stone.
No  reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface  treatment  involving  chip
seals and oil and stone, and (4) double course surface treatment involv-
ing  chip  seals  and  oil  and stone after March 31, [2012] 2013.  Such
certification shall include any such information as may be necessary  to
maintain  the  federal  tax exempt status of bonds, notes or other obli-
gations issued by the New  York  state  thruway  authority  pursuant  to
section  380  of  the  public authorities law. The commissioner shall in
writing request the municipalities to furnish such information as may be
necessary to comply with this section.
  S 7.  Section 7 of part A of chapter 60 of the laws of 2011, authoriz-
ing funding for the Consolidated Local Street  and  Highway  Improvement
Program  (CHIPS) and Marchiselli program for state fiscal year 2011-2012
and amending chapter 329 of the laws of 1991, amending the state finance
law and other laws relating to the establishment of the dedicated  high-
way and bridge trust fund, is amended to read as follows:
  S  7.  This act shall take effect immediately; provided, however, that
sections two, three, four, five and six of this act shall expire and  be
deemed repealed on April 1, [2012] 2013.
  S  8.  This act shall take effect immediately; provided, however, that
the amendments to subdivisions (f) and (b) of section 16 of chapter  329

S. 6258                             7                            A. 9058

of  the  laws of 1991 made by sections two and five of this act, respec-
tively, shall not affect the repeal of such subdivisions  and  shall  be
deemed  repealed  therewith;  provided,  further, that the amendments to
subdivisions  (f)  and (b) of section 16-a of chapter 329 of the laws of
1991 made by sections three and six of this act, respectively, shall not
affect the repeal of such subdivisions  and  shall  be  deemed  repealed
therewith; and provided, further, that the amendments to subdivision (d)
of section 11 of chapter 329 of the laws of 1991 made by section four of
this  act  shall  not affect the repeal of such subdivision and shall be
deemed repealed therewith.

                                 PART B

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

S. 6258                             8                            A. 9058

  S  3.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
finance law, as amended by section 3 of chapter 165 of the laws of 2008,
is amended to read as follows:
  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
eighty-nine-e, three hundred one-j,  five  hundred  fifteen  and  eleven
hundred  sixty-seven  of  the  tax  law, section four hundred one of the
vehicle and traffic law, and section thirty-one of chapter fifty-six  of
the  laws  of  nineteen  hundred  ninety-three,  (ii) all fees, fines or
penalties collected by the commissioner of  transportation  pursuant  to
section  fifty-two,  SECTION  THREE HUNDRED TWENTY-SIX, and subdivisions
five, eight and twelve of  section  eighty-eight  of  the  highway  law,
subdivision  fifteen of section three hundred eighty-five of the vehicle
and traffic law, section  fifteen  of  this  chapter,  excepting  moneys
deposited with the state on account of betterments performed pursuant to
subdivision  twenty-seven  or  subdivision thirty-five of section ten of
the highway law, (iii) any moneys collected by the department of  trans-
portation  for  services provided pursuant to agreements entered into in
accordance with section ninety-nine-r of the general municipal law,  and
(iv)  any  other  moneys  collected  therefor or credited or transferred
thereto from any other fund, account or source.
  S 4. This act shall take effect immediately, and shall  be  deemed  to
have  been  in  full  force  and  effect on and after April 1, 2012; and
provided, however, that the amendments to paragraph (a) of subdivision 3
of section 89-b of the state finance law made by section two of this act
shall be subject to the  expiration  and  reversion  of  such  paragraph
pursuant to section 13 of part U-1 of chapter 62 of the laws of 2003, as
amended, when upon such date the provisions of section three of this act
shall take effect.

                                 PART C

  Section  1. Subdivision 3 of section 140 of the transportation law, as
added by chapter 635 of the laws of 1983, is amended to read as follows:
  3. No motor  vehicle  [carrying]  DESIGNED  TO  CARRY  passengers,  as
described  in  subdivision two of this section, shall be operated within
the state unless it carries prominently displayed thereon  the  name  of
the operator and certificate evidencing an inspection in accordance with
the  rules  and  regulations of the commissioner [within a period of six
months last preceding]. The commissioner may, by order,  rule  or  regu-
lation, exempt from the requirements of this subdivision, vehicles which
are  not  operated  exclusively  in  transportation  services  for which
inspection is required, provided that  written  evidence  of  the  names
otherwise  subject  to  prominent  display  and  such  a  certificate of
inspection are at all times carried within  such  vehicles  to  be  made
available  for  examination  upon  proper demand, while the vehicles are
operated in such service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART D

  Section  1.  Subdivision  1  of section 502 of the vehicle and traffic
law, as amended by section 2 of part CC of chapter 58  of  the  laws  of
2011, is amended to read as follows:

S. 6258                             9                            A. 9058

  1.  Application  for license. Application for a driver's license shall
be made to the commissioner. The fee prescribed by law may be  submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking  of  a  photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In  addition,  the
commissioner  also  shall  require that the applicant provide his or her
social security number and provide space on the application so that  the
applicant  may  register  in  the  New York state organ and tissue donor
registry under section forty-three hundred ten of the public health law.
In addition, an applicant for a commercial  driver's  license  who  will
operate  a commercial motor vehicle in interstate commerce shall certify
that such applicant meets the requirements to operate a commercial motor
vehicle, as set forth in public law 99-570, title XII, and title  49  of
the  code of federal regulations, and all regulations promulgated by the
United States secretary of transportation under the hazardous  materials
transportation  act. In addition, an applicant for a commercial driver's
license shall submit a medical certificate at such intervals as required
by the federal motor carrier safety improvement act  of  1999  and  Part
383.71(h)  of  title  49  of the code of federal regulations relating to
medical certification and in a manner prescribed  by  the  commissioner.
For purposes of this section and sections five hundred three [and], five
hundred  ten-a,  AND FIVE HUNDRED TEN-AA of this title, the [term] TERMS
"medical certificate" AND "MEDICAL  CERTIFICATION"  shall  mean  a  form
substantially in compliance with the form set forth in Part 391.43(h) of
title  49  of the code of federal regulations. Upon a determination that
the holder of a commercial driver's license has made  any  false  state-
ment, with respect to the application for such license, the commissioner
shall revoke such license.
  S  2. Paragraph (b) of subdivision 1 of section 503 of the vehicle and
traffic law, as amended by section 3 of part CC of  chapter  58  of  the
laws of 2011, is amended to read as follows:
  (b)  An  application for a license shall be valid for a period of time
specified by regulation of the commissioner not to exceed five years.  A
learner's  permit  shall be valid from its issuance until the expiration
of the application for a driver's  license  for  which  it  was  issued.
Provided, however, that [if the medical certificate submitted in accord-
ance  with the requirements of the federal motor carrier safety improve-
ment act of 1999 and Part 383.71(h) of title 49 of the code  of  federal
regulations  by  an applicant for a commercial driver's license expires,
any] A learner's permit [that may have been] issued by the  commissioner
in  connection  with  [the]  AN  application  FOR  A COMMERCIAL DRIVER'S
LICENSE shall be [suspended] CANCELLED UPON: (I) THE EXPIRATION  OF  THE
HOLDER'S   MEDICAL   CERTIFICATION  OR  MEDICAL  VARIANCE  DOCUMENTATION
REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS; (II)  THE
HOLDER'S  FAILURE  TO SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL VARI-
ANCE DOCUMENTATION WHEN REQUIRED TO DO SO BY THE COMMISSIONER; OR  (III)
THE  RECEIPT BY THE COMMISSIONER OF INFORMATION FROM THE ISSUING MEDICAL
EXAMINER OR THE FEDERAL  MOTOR  CARRIER  SAFETY  ADMINISTRATION  THAT  A
MEDICAL CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN ERROR.
  S  3.  Paragraph  (f) of subdivision 3 of section 510-a of the vehicle
and traffic law is REPEALED.
  S 4. The vehicle and traffic law is amended by adding  a  new  section
510-aa to read as follows:

S. 6258                            10                            A. 9058

  S  510-AA.  DOWNGRADE  OF  COMMERCIAL  DRIVER'S LICENSES. A COMMERCIAL
DRIVER'S LICENSE  SHALL  BE  DOWNGRADED  TO  A  NON-COMMERCIAL  DRIVER'S
LICENSE  BY THE COMMISSIONER UPON THE EXPIRATION OF THE HOLDER'S MEDICAL
CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION REQUIRED BY THE  FEDERAL
MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE
49  OF  THE CODE OF FEDERAL REGULATIONS, OR UPON THE HOLDER'S FAILURE TO
SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION WHEN
REQUIRED TO DO SO BY THE COMMISSIONER.  A  COMMERCIAL  DRIVER'S  LICENSE
SHALL  ALSO  BE  DOWNGRADED  TO A NON-COMMERCIAL DRIVER'S LICENSE BY THE
COMMISSIONER UPON RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL  EXAM-
INER  OR  THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT A MEDICAL
CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN  ERROR.  SUCH  DOWNGRADE
SHALL BE TERMINATED, AND THE COMMERCIAL DRIVER'S LICENSE RESTORED, UPON:
(1)  THE  HOLDER'S  SUBMISSION  OF THE REQUIRED VALID MEDICAL EXAMINER'S
CERTIFICATE OR MEDICAL  VARIANCE  DOCUMENTATION;  OR  (2)  THE  HOLDER'S
SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE OPER-
ATION HE OR SHE ENGAGES, OR EXPECTS TO ENGAGE IN, AND THAT THE HOLDER IS
THEREFORE  NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART  383.71(H)
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
  S 5. Section 509 of the vehicle and traffic law is amended by adding a
new subdivision 7-a to read as follows:
  7-A.  NO  PERSON  SHALL  OPERATE  A  COMMERCIAL  MOTOR  VEHICLE UNLESS
MEDICALLY CERTIFIED IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER  SAFETY
IMPROVEMENT  ACT  OF  1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF
FEDERAL REGULATIONS.
  S 6. This act shall take effect immediately; provided,  however,  that
if  sections  2 and 3 of part CC of chapter 58 of the laws of 2011 shall
not have taken effect on or before such date then sections one  and  two
of this act shall take effect on the same date and in the same manner as
such  chapter of the laws of 2011 takes effect; provided further, howev-
er, that section five of this act shall take effect on the sixtieth  day
after it shall have become a law.

                                 PART E

  Section  1.  Subdivision  12 of section 1269 of the public authorities
law, as amended by section 1 of part NN of chapter 59  of  the  laws  of
2010, is amended to read as follows:
  12.  The  aggregate  principal  amount  of bonds, notes or other obli-
gations issued after the first day of January, nineteen hundred  ninety-
three  by  the authority, the Triborough bridge and tunnel authority and
the New York city transit authority to fund projects contained in  capi-
tal  program  plans  approved  pursuant to section twelve hundred sixty-
nine-b of this [article] TITLE for the period nineteen  hundred  ninety-
two  through  two  thousand  fourteen  shall  not  exceed  [thirty-four]
FORTY-ONE billion eight  hundred  seventy-seven  million  dollars.  Such
aggregate  principal  amount of bonds, notes or other obligations or the
expenditure thereof shall not be subject to any limitation contained  in
any  other  provision  of law on the principal amount of bonds, notes or
other obligations or the expenditure thereof applicable to the  authori-
ty,  the  Triborough  bridge  and  tunnel authority or the New York city
transit authority. The aggregate limitation established by this subdivi-
sion shall not include (i)  obligations  issued  to  refund,  redeem  or
otherwise  repay,  including by purchase or tender, obligations thereto-
fore issued either by the issuer of such refunding obligations or by the

S. 6258                            11                            A. 9058

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

                                 PART F

  Section  1.  Section  205 of the vehicle and traffic law is amended by
adding a new subdivision 3-a to read as follows:
  3-A. IN ADDITION TO THE FEES RETAINED PURSUANT TO SUBDIVISION THREE OF
THIS SECTION, EACH COUNTY CLERK ACTING AS THE AGENT OF THE  COMMISSIONER
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL RETAIN FOUR PERCENT OF
"ENHANCED  INTERNET  AND  ELECTRONIC  PARTNER  REVENUE" COLLECTED BY THE
COMMISSIONER. FOR THE PURPOSES OF THIS SUBDIVISION,  "ENHANCED  INTERNET
AND  ELECTRONIC PARTNER REVENUE" SHALL MEAN THE AMOUNT OF GROSS RECEIPTS
ATTRIBUTABLE TO ALL TRANSACTIONS CONDUCTED ON THE INTERNET BY  RESIDENTS
OF SUCH COUNTY AND BY DESIGNATED PARTNERS OF THE DEPARTMENT ON BEHALF OF
SUCH  RESIDENTS FOR THE CURRENT CALENDAR YEAR THAT EXCEEDS THE AMOUNT OF
SUCH REVENUE COLLECTED BY THE  COMMISSIONER  DURING  CALENDAR  YEAR  TWO
THOUSAND  ELEVEN.    THE  COMMISSIONER  SHALL  CERTIFY THE AMOUNTS TO BE
RETAINED BY EACH COUNTY CLERK PURSUANT TO  THIS  SUBDIVISION.  PROVIDED,
HOWEVER,  THAT IF THE AGGREGATE AMOUNT OF FEES RETAINED BY COUNTY CLERKS
PURSUANT TO THIS SUBDIVISION IN CALENDAR YEARS TWO THOUSAND  TWELVE  AND
TWO THOUSAND THIRTEEN COMBINED EXCEEDS EIGHTY-EIGHT MILLION FIVE HUNDRED
THOUSAND  DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER
SHALL BE REDUCED TO A PERCENTAGE THAT, IF APPLIED TO THE FEES  COLLECTED
DURING  CALENDAR  YEARS  TWO  THOUSAND  TWELVE AND TWO THOUSAND THIRTEEN
COMBINED, WOULD HAVE RESULTED IN AN AGGREGATE RETENTION OF  EIGHTY-EIGHT
MILLION  FIVE HUNDRED THOUSAND DOLLARS OR 2.5 PERCENT OF ENHANCED INTER-
NET AND ELECTRONIC PARTNER REVENUE, WHICHEVER IS HIGHER. IF  THE  AGGRE-
GATE  AMOUNT OF FEES RETAINED BY COUNTY CLERKS PURSUANT TO THIS SUBDIVI-
SION IN CALENDAR YEARS TWO THOUSAND TWELVE  AND  TWO  THOUSAND  THIRTEEN
COMBINED  IS  LESS  THAN  EIGHTY-EIGHT  MILLION  FIVE  HUNDRED  THOUSAND
DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER SHALL  BE
INCREASED  TO A PERCENTAGE THAT, IF APPLIED TO THE FEES COLLECTED DURING
CALENDAR YEARS TWO THOUSAND TWELVE AND TWO THOUSAND  THIRTEEN  COMBINED,
WOULD  HAVE  RESULTED  IN AN AGGREGATE RETENTION OF EIGHTY-EIGHT MILLION

S. 6258                            12                            A. 9058

FIVE HUNDRED THOUSAND DOLLARS, OR SIX PERCENT OF ENHANCED  INTERNET  AND
ELECTRONIC PARTNER REVENUE, WHICHEVER IS LESS. ON AND AFTER APRIL FIRST,
TWO  THOUSAND  SIXTEEN,  THE PERCENT OF ENHANCED INTERNET AND ELECTRONIC
PARTNER  REVENUE TO BE RETAINED BY COUNTY CLERKS SHALL BE THE AVERAGE OF
THE ANNUAL PERCENTAGES THAT WERE IN  EFFECT  BETWEEN  APRIL  FIRST,  TWO
THOUSAND TWELVE AND MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
  S 2. This act shall take effect April 1, 2012.

                                 PART G

  Section  1. Subdivision 1 of section 140 of the transportation law, as
added by chapter 635 of the laws of 1983, is amended to read as follows:
  1. Every [common and contract] FOR HIRE AND PRIVATE carrier of passen-
ger by motor vehicle INVOLVED IN  INTERSTATE,  INTRASTATE,  OR  INTERNA-
TIONAL  COMMERCE  DOMICILED  IN  NEW YORK shall furnish and provide with
respect thereto such  service  and  facilities  as  shall  be  safe  and
adequate.  Any  such  carrier shall give immediate notice to the commis-
sioner of every accident to which it shall, in the course of  its  oper-
ations, have been a party.
  S  2. Subparagraph (ii) of paragraph a of subdivision 2 of section 140
of the transportation law, as amended by chapter  602  of  the  laws  of
1985, is amended to read as follows:
  (ii) All MOTOR CARRIERS, EMPLOYEES AND motor vehicles [operated pursu-
ant  to  or  requiring a certificate or permit for the transportation of
passengers or property from the interstate commerce  commission  or  the
commissioner]  THAT  TRANSPORT  PROPERTY  OR  PASSENGERS  IN INTRASTATE,
INTERSTATE, OR INTERNATIONAL COMMERCE.
  S 3. Paragraphs b and c of subdivision 2 of section 140 of the  trans-
portation law, paragraph b as amended by chapter 173 of the laws of 1990
and  paragraph  c  as  amended  by  chapter 602 of the laws of 1985, are
amended to read as follows:
  b. [In addition to those vehicles operated pursuant to or requiring  a
certificate  or  a  permit  for  the transportation of property from the
interstate commerce commission or  the  commissioner  as  set  forth  in
subparagraph  (ii)  of paragraph a of this subdivision, the commissioner
shall have the power to adopt rules and regulations governing the safety
of operation of other motor vehicles operated for the commercial  trans-
portation of property.
  c.]  The  department shall have the power to examine vehicles, facili-
ties and records subject to the provisions of this subdivision,  at  any
time and place where they are found, to ascertain whether such rules and
regulations  are  being obeyed. The rules and regulations of the commis-
sioner shall provide for the inspection of all such vehicles, FACILITIES
AND RECORDS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, at such peri-
ods and at such  manner  as  the  commissioner  may  direct,  and,  when
adopted, shall have the full force and effect of law.
  S  3-a. Paragraph d of subdivision 2 of section 140 of the transporta-
tion law is relettered paragraph c and subparagraph (i)  of  such  para-
graph,  as  added by chapter 173 of the laws of 1990, is amended to read
as follows:
  (i) No MOTOR CARRIER, EMPLOYEE OR motor vehicle [operated pursuant  to
or requiring a certificate or a permit for the transportation of proper-
ty  from  the  interstate commerce commission or the commissioner and no
motor vehicle operated for the commercial  transportation  of  property]
THAT  TRANSPORTS  PROPERTY  OR  PASSENGERS IN INTRASTATE, INTERSTATE, OR
INTERNATIONAL COMMERCE shall [be operated] OPERATE in this state  unless

S. 6258                            13                            A. 9058

[it] SUCH MOTOR CARRIER, EMPLOYEE OR MOTOR VEHICLE is in compliance with
the department's safety rules and regulations.
  S  4.  Subdivisions  4 and 5 of section 140 of the transportation law,
subdivision 4 as added by chapter 635 of the laws of 1983  and  subdivi-
sion  5  as  amended  by chapter 731 of the laws of 1988, are amended to
read as follows:
  4. Each motor vehicle  engaged  in  the  interstate  OR  INTERNATIONAL
transportation  of passengers operated within the state shall be subject
to subdivision three of this section as to the display of  the  name  of
the  operator  thereof,  and of such certificate of inspection as to the
safety of its appliances, equipment and  mechanical  operation,  as  the
commissioner  may,  by rules and regulations require. In respect to such
motor vehicle, the commissioner may, in lieu of  a  certificate  of  the
commissioner,  authorize  the  display  of  a  certificate of inspection
issued within a period of [six] TWELVE months last preceding, by a regu-
latory body of another state, or a province  of  Canada,  having  safety
standards  determined  by the commissioner not to be substantially lower
than those prescribed by the commissioner. The rules and regulations  to
be  adopted  under  this  subdivision  shall  insofar  as practicable be
uniform and the provisions of the vehicle and  traffic  law  so  far  as
applicable  and not in conflict with the provisions of this subdivision,
shall continue to apply to all such motor vehicles.
  5. No motor vehicle with  a  seating  capacity  of  more  than  eleven
passengers  manufactured  after  December thirty-first, nineteen hundred
seventy-five, used in the business of transporting school  children  for
hire  or  used  for  the transportation of school children, owned and/or
operated by school districts or by any public or private school shall be
operated within the state, unless each seat,  other  than  the  driver's
seat,  on  such  vehicle is equipped with a padded back at least twenty-
eight inches in height of a  type  and  specification  approved  by  the
commissioner.  Any  person  who operates a motor vehicle in violation of
the requirement for such seat backs shall  be  guilty  of  a  violation,
punishable  by  a fine not exceeding one hundred dollars. The provisions
of this subdivision shall not apply to any bus used for the  transporta-
tion  of  pupils,  teachers  and  other  persons acting in a supervisory
capacity to and from school activities and which bus does not receive or
discharge passengers on or along the public highways on regularly sched-
uled routes and which is being operated pursuant to [a permit or certif-
icate of public convenience and necessity] FOR-HIRE OPERATING  AUTHORITY
issued  by  the  commissioner or by the [interstate commerce commission]
UNITED STATES DEPARTMENT OF TRANSPORTATION. School buses manufactured or
assembled prior to April first, nineteen hundred seventy-seven  may  not
be  used  to  transport  pupils,  teachers and other persons acting in a
supervisory capacity to and from school activities.
  S 5.  The closing paragraph of section 151 of the transportation  law,
as  added  by  chapter  635  of  the laws of 1983, is amended to read as
follows:
  For the purposes of this article, the term "sedan" or "sedans" as used
herein shall  include  private  passenger  automobiles  [larger  than  a
conventional  sedan  and  commonly  known as a limousine], but shall not
include [vans or buses] VEHICLES  WITH  A  SEATING  CAPACITY  OF  ELEVEN
PERSONS OR MORE INCLUDING THE DRIVER.
  S  6. Section 210 of the transportation law, as amended by chapter 488
of the laws of 1979, is amended to read as follows:
  S 210. Application of this article. The term "motor truck" as used  in
this  article shall be deemed to mean and include any motor vehicle held

S. 6258                            14                            A. 9058

and used for the transportation of goods, wares and merchandise for hire
or for a business purpose, [including such motor vehicles commonly known
as an auto truck or light delivery car] PURSUANT TO THE RULES AND  REGU-
LATIONS OF THE COMMISSIONER.  The term "motor bus" as used in this arti-
cle  shall be deemed to mean and include any motor vehicle held and used
for the transportation of passengers for hire OR FOR A BUSINESS PURPOSE,
PURSUANT TO THE RULES AND REGULATIONS OF THE COMMISSIONER.
  S 7.  Section 211 of the transportation law, as amended by chapter 475
of the laws of 1996, is amended to read as follows:
  S 211. General provisions.  No driver of a motor truck  or  motor  bus
shall  drive such vehicle or be on duty for any period of time in excess
of that authorized pursuant  to  regulation  of  the  commissioner.  The
commissioner  is  hereby  authorized to promulgate rules and regulations
governing the hours of service of drivers  of  motor  trucks  and  motor
buses.  Such rules and regulations shall be no less protective of public
safety than the rules and regulations promulgated by the federal govern-
ment with respect to hours of labor of operation  of  motor  trucks  and
motor  buses,  provided,  however,  that with regard to drivers of motor
buses [operated exclusively in a town or county or] operated by a public
transportation authority operating exclusively within its jurisdictional
area, the rules and regulations of the commissioner shall  provide  that
no driver of such motor buses shall drive more than twelve hours follow-
ing  eight  consecutive hours off duty and no driver of such motor buses
shall drive for any period after having been on duty for  fifteen  hours
following  eight  consecutive  hours  off  duty and every driver of such
motor buses shall have at least twenty-four consecutive hours  off  duty
in  every  period of seven consecutive days and in no event shall such a
driver be on duty for more than seventy-five  hours  in  any  period  of
seven consecutive days.
  S 8. Section 212 of the transportation law, as added by chapter 342 of
the laws of 1974, subdivision a as amended by chapter 843 of the laws of
1980, is amended to read as follows:
  S 212. Records.  [a.] Every driver of a motor truck or motor bus shall
keep and carry on the vehicle records showing the day and hour when  and
the  place  where  he  went  and was released from duty, whether in this
state or outside of this state. The  commissioner  shall  prescribe  the
form  of such records and may require such other information to be shown
thereon as he shall deem advisable to insure the proper  enforcement  of
this  article.  Such records shall be exhibited to the commissioner, his
representatives, or to any peace officer, acting pursuant to his special
duties or police officer who shall demand to see the same and  shall  be
held  available for further inspection for a period of sixty days within
the state of New York in an office designated by the owner.  Failure  to
produce  such  records  upon  demand  shall be presumptive evidence of a
violation of this article relating to keeping such records. In any pros-
ecution for the violation of any of the provisions of this article  such
records shall be prima facie evidence of the truth of the contents ther-
eof.
  [b.  The  provisions of this article with reference to the carrying of
records on the vehicle shall not apply to the operation of a  motor  bus
or  motor  buses operated on fixed schedules, but this shall not relieve
any corporation, company, association, joint-stock association, partner-
ship or person engaged in the operation of a motor bus or motor buses on
fixed schedules from the necessity of keeping such  records  and  having
them available in an office within the state of New York.]
  S 9. Section 214 of the transportation law is REPEALED.

S. 6258                            15                            A. 9058

  S  10. Paragraph (a) of subdivision 1 of section 14-f of the transpor-
tation law, as added by chapter 963 of the laws of 1981, subparagraphs 7
and 8 as amended and subparagraphs 9, 10 and 11 as added by chapter  186
of  the  laws  of  1987,  subparagraph  9  as amended by chapter 180 and
subparagraph  12  as  amended by chapter 190 of the laws of 1989 and the
second undesignated paragraph as amended by chapter 402 of the  laws  of
1993, is amended to read as follows:
  (a) Have the power to make rules and regulations governing transporta-
tion of hazardous materials, which shall mean a substance or material in
a  quantity  and  form which may pose an unreasonable risk to health and
safety or property when transported in commerce, by all modes AS DEFINED
BY THE RULES AND REGULATIONS OF THE DEPARTMENT. [For  purposes  of  this
section, the term "hazardous materials" shall include the following:
  (1) "Irritating material" which shall mean a liquid or solid substance
which  upon contact with fire or when exposed to air gives off dangerous
or intensely irritating fumes such as  benzylcyande,  chloracetophenone,
diphenylaminechlorarsine,  and  diphenyl  chlorarsine, but not including
any poisonous material, Class A;
  (2) "Poison A" which shall mean those poisonous gases  or  liquids  of
such  nature  that  a  small  amount  of the gas, liquid or vapor of the
liquid, when in contact with air is  dangerous  to  life.    This  class
includes   the   following:  bromacetone,  cyanogen,  cyanogen  chloride
containing less than 0.9 percent water, diphosgene,  ethyldichlorarsine,
hydrocyanic  acid,  methyldichlorarsine,  nitrogen peroxide (tetroxide),
phosgene  (diphosgene),  nitrogen  tetroxide  -  nitric  oxide  mixtures
containing up to 33.2 percent weight nitric oxide;
  (3)  "Poison  B"  which  shall  mean those substances, liquid or solid
(including pastes and semi-solids), other than Class A poisons or  irri-
tating  materials,  which  are known to be so toxic as to be a hazard to
health;
  (4) "Corrosive materials" which shall mean those acids, alkaline caus-
tic liquids and other corrosive liquids or solids which when in  contact
with  living tissue, will cause severe damage of such tissue by chemical
action; or in the case of leakage, will  materially  damage  or  destroy
other  freight  by  chemical action; or are liable to cause fire when in
contact with organic matter or with certain chemicals that cause visible
destruction or irreversible alteration in human skin tissue at the  site
of contact;
  (5)  "Oxidizing materials" which shall mean those substances such as a
chlorate, permanganate, peroxide, or a nitrate, that yields oxygen read-
ily to stimulate the combustion of organic matter;
  (6) "Flammable solids" which shall mean any solid material, other than
one designated an explosive, as further defined in this  section,  which
under  conditions  incident to transportation, cause fires through fric-
tion, through  absorption  of  moisture,  through  spontaneous  chemical
changes, or as a result of retained heat from the manufacturing or proc-
essing.    Included  in  this  class  are  spontaneously combustible and
water-reactive materials;
  (7) "Flammable liquids" which shall mean any liquid, except any liquid
meeting the definition of subparagraph nine, ten or eleven of this para-
graph, which gives off flammable  vapors  below  a  temperature  of  one
hundred degrees Fahrenheit;
  (8)  "Radioactive materials" which shall mean irradiated nuclear reac-
tor fuel and the waste by-products  of  reprocessed  irradiated  nuclear
reactor  fuel  and  any  other material or combination of materials that
spontaneously emits ionizing radiation which the commissioner of  trans-

S. 6258                            16                            A. 9058

portation  determines  by  regulation  to  present significant potential
threat to public health and safety;
  (9)  "Liquefied  compressed  gas"  which  shall  mean  a gas liquefied
through compression and under charged pressure is partially liquid at  a
temperature of seventy degrees Fahrenheit;
  (9)  "Regulated  medical  waste" which shall be defined as provided in
subdivision one of section 27-1501  of  the  environmental  conservation
law.
  (10)  "Cryogenic liquid" which shall mean a refrigerated liquefied gas
having a boiling point colder than  minus  one  hundred  thirty  degrees
Fahrenheit (minus ninety degrees centigrade) at one atmosphere absolute;
  (11)  "Flammable  compressed  gas"  which  shall  mean any material or
mixture having in the container an  absolute  pressure  exceeding  forty
p.s.i.  at seventy degrees Fahrenheit, or, regardless of the pressure at
seventy degrees Fahrenheit, having an absolute  pressure  exceeding  one
hundred  four  p.s.i.  at  one hundred thirty degrees Fahrenheit, or any
liquid flammable material having a vapor pressure exceeding forty p.s.i.
absolute at one hundred degrees Fahrenheit as determined  by  ASTM  test
D-323, if any one of the following occurs:
  (i) either a mixture of thirteen percent or less, (by volume) with air
forms  a flammable mixture or the flammable range with air is wider than
twelve percent regardless of the lower  limit.  These  limits  shall  be
determined at atmospheric temperature and pressure;
  (ii) using the bureau of explosives, association of American railroads
flame projection apparatus, the flame projects more than eighteen inches
beyond  the ignition source with valve open fully, or, the flame flashes
back and burns at the valve with any degree of valve opening;
  (iii) using the bureau of explosives, association  of  American  rail-
roads open drum apparatus, there is any significant propagation of flame
away from the ignition source;
  (iv) using the bureau of explosives, association of American railroads
close drum apparatus, there is any explosion of the vapor-air mixture in
the drum; and
  (12)  Other  identical  or similar substances which shall from time to
time be identified by the commissioner of transportation  by  rules  and
regulations  promulgated  pursuant  to  this  section as being hazardous
materials, provided, however, that this section shall not apply  to  the
regular  military  or naval forces of the United States; nor to the duly
authorized militia of any state or territory thereof; nor to the  police
or  fire  departments  of this state, or of its counties, cities, towns,
villages, agencies or instrumentalities, providing the same  are  acting
within their official capacity and in the performance of their duties.
  Such rules and regulations shall be no less protective of public safe-
ty  than the rules and regulations promulgated by the federal government
with respect to the transportation of  hazardous  materials.  The  regu-
lations  shall set forth the criteria for identifying and listing, and a
list of hazardous materials subject to this section as may be amended by
the commissioner of  transportation  from  time  to  time  in  a  manner
consistent  with  the  state administrative procedure act and consistent
with this section. Such regulations  shall  include  specifications  for
marking  and  placarding of vehicles transporting hazardous materials as
will be applied pursuant to paragraph (a) of subdivision three  of  this
section. The regulations promulgated hereunder shall include notice that
a violation of the rules and regulations is subject to a fine or a peri-
od  of  imprisonment,  and the rules and regulations shall set forth the
penalty provisions  contained  in  subdivision  four  of  this  section.

S. 6258                            17                            A. 9058

Provided,  however,  that  all local laws or ordinances, except those of
cities having a population of one million or more, regulating the trans-
portation of flammable liquids in trucks, trailers or semi-trailers, are
hereby  superseded  and without force and hereafter no such local law or
ordinance shall be adopted to regulate or control the equipment or means
of transporting flammable liquids in trucks, trailers or semi-trailers.
  For the purposes of this section, a "vehicle" shall mean every  device
in which property may be transported upon a highway, stationary rails or
tracks, or on the navigable waterways of the state.]
  S  11.  Subdivision  3  of  section 14-g of the transportation law, as
amended by chapter 921 of the laws  of  1983,  is  amended  to  read  as
follows:
  3. For the purposes of this section, the term "intercity bus passenger
service"  shall  mean transportation provided to the public on a regular
and continuing basis by a person, firm,  or  corporation  authorized  to
transport  passengers in interstate commerce by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or in  intrastate
commerce  by  the  state  department of transportation that is primarily
intended to satisfy longer distance travel demand  between  cities,  and
villages  and  unincorporated urban places that have a population of two
thousand five hundred or more. Such term does not include services  that
are primarily local or commuter oriented in nature.
  S  12. Subdivisions 1-a, 1-b and 2 of section 18 of the transportation
law, as amended by chapter 199 of the laws of 1987, are amended to  read
as follows:
  1-a.  The  department of transportation is hereby designated the offi-
cial state agency to receive all notifications from the [federal  inter-
state commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or
any other federal or state agency in regard to discontinuance of service
or  railroad property abandonment proceedings, including notification of
applications from railroad companies for any such purposes.
  1-b. The department of transportation shall promptly inform in writing
all interested state agencies,  transportation  authorities,  and  every
county, city, town and village in which such property is located and the
appropriate  entity  designated  by the governor pursuant to title IV of
the  federal  intergovernmental  cooperation  act  of  nineteen  hundred
sixty-eight  and  the  federal  office of management and budget circular
A-98 of (a) the issuance of any certificate from the [federal interstate
commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or other
federal or state agency authorizing discontinuance of  railroad  service
or  abandonment  of  railroad  transportation  property, (b) approval of
discontinuance of service or a determination of abandonment of  railroad
transportation property pursuant to this section, and (c) the receipt of
an  application  to release a preferential acquisition right to railroad
transportation property pursuant to this section.
  2. For the purposes of this section, property shall be  deemed  to  be
abandoned  for railroad transportation purposes (a) when, where required
by law, a certificate of abandonment of the railroad line situate there-
on has been issued by the [interstate commerce commission] UNITED STATES
DEPARTMENT OF TRANSPORTATION and/or any other federal  or  state  agency
having  jurisdiction thereof; or (b) when such a certificate of abandon-
ment is not so required and the use of such property for railroad trans-
portation purposes has been discontinued with the intent not to  resume.
Intent  not to resume may be inferred from circumstances. Non-use of the
property for railroad transportation purposes for two consecutive  years
shall  create  a  presumption of abandonment.  When use of such property

S. 6258                            18                            A. 9058

for railroad transportation purposes  has  been  discontinued  and  upon
request  of the property owner or his own motion, the commissioner shall
undertake an investigation thereof, which may include consultation  with
the  [interstate commerce commission] UNITED STATES DEPARTMENT OF TRANS-
PORTATION, and shall render a determination as to whether or not (a) the
property owner has definite plans for  the  use  of  such  property  for
purposes  ordinarily  associated with the safe and normal operation of a
railroad  or  associated  transportation  purposes;  (b)  such  property
continues  to be suitable for such railroad transportation purposes; and
(c) such property is necessary, either presently or in the  future,  for
such railroad transportation purposes.  Such property shall be deemed to
be  abandoned  for  railroad transportation purposes if the commissioner
shall determine that (a) the property owner has no  definite  plans  for
the  use  of  such  property for purposes ordinarily associated with the
safe and normal operation of a  railroad  or  associated  transportation
purposes;  or  (b) such property is no longer suitable for such railroad
transportation purposes; and (c) such property is not necessary,  either
presently  or  in the future, for such railroad transportation purposes.
The commissioner shall render  such  determination  within  ninety  days
after  the  commencement  of  such  investigation and such determination
shall be conclusive except that if the property is determined not to  be
so  abandoned such determination shall not preclude the undertaking of a
subsequent investigation concerning the same property.  Sales  of  aban-
doned  railroad  transportation  property  for continued or resumed rail
transportation use may be exempted at the commissioner's discretion from
the preferential right of acquisition. This section shall not  apply  to
the  subsequent  resale  of  property  lawfully  acquired subject to the
provisions of this section as then applicable, except  when  the  subse-
quent  sale  involves  property previously exempted from this section by
the commissioner.
  S 13. Section 98 of the transportation law, as added by chapter 267 of
the laws of 1970, is amended to read as follows:
  S 98. Tariff schedules; publication. Every common carrier  shall  file
with the commissioner and shall print and keep open to public inspection
schedules showing the rates, fares and charges for the transportation of
passengers  and  property  within  the state between each point upon its
route and all other points thereon; and  between  each  point  upon  its
route  and all points upon every route leased, operated or controlled by
it; and between each point on its route or upon any route leased,  oper-
ated  or  controlled  by  it  and all points upon the route of any other
common carrier, whenever a through route and joint rate shall have  been
established  or  ordered  between  any two such points. If no joint rate
over a through route has been established, the several carriers in  such
through  route  shall file, print and keep open to public inspection, as
aforesaid, the separately established rates, fares and  charges  applied
to  the through transportation. The schedules printed as aforesaid shall
plainly state the places between which property and passengers  will  be
carried,  and  shall  also  contain  the classification of passengers or
property in force, and shall also state separately all terminal charges,
storage charges, icing charges, and all other charges which the  commis-
sioner may require to be stated, all privileges or facilities granted or
allowed,  and  any  rules  or  regulations  which may in anywise change,
affect or determine any part, or the aggregate of, such aforesaid rates,
fares and charges, or the value of the service rendered to  the  passen-
ger,  shipper  or  consignee. Such schedules shall be plainly printed in
large type, and a copy thereof shall be kept by every such carrier read-

S. 6258                            19                            A. 9058

ily accessible to and for convenient inspection by the public  in  every
station  or  office  of  such  carrier  where passengers or property are
respectively received for transportation, when such station or office is
in  charge  of  an agent, and in every station or office of such carrier
where passenger tickets for transportation or tickets covering  sleeping
or  parlor  car or other train accommodation are sold or bills of lading
or receipts for property are issued. All or any of such  schedules  kept
as   aforesaid  shall  be  immediately  produced  by  such  carrier  for
inspection upon the demand of any person. A notice printed in bold  type
and  stating  that such schedules are on file with the agent and open to
inspection by any person and that the agent will assist any such  person
to  determine  from  such schedules any transportation rates or fares or
rules or regulations which are in force shall  be  kept  posted  by  the
carrier  in  two  public and conspicuous places in every such station or
office. The form of every such  schedule  shall  be  prescribed  by  the
commissioner and shall conform in the case of railroad company as nearly
as  may  be to the form of schedule required by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION under the act  of
congress  entitled  "An  act  to  regulate  commerce," approved February
fourth, eighteen hundred and eighty-seven and the acts amendatory there-
of and supplementary thereto. The commissioner shall  have  power,  from
time  to  time,  in  his discretion, to determine and prescribe by order
such changes in the form of such schedules as may  be  found  expedient,
and to modify the requirements of this section in respect to publishing,
posting  and  filing  of  schedules either in particular instances or by
general order applicable to special or peculiar circumstances or  condi-
tions.
  S  14.  Section 126 of the transportation law, as added by chapter 267
of the laws of 1970, is amended to read as follows:
  S 126. Uniform system of accounts; access  to  accounts;  forfeitures.
The commissioner may, whenever he deems advisable, establish a system of
accounts  to  be used by common carriers which are subject to his super-
vision, or may classify the said carriers  and  prescribe  a  system  of
accounts  for  each  class,  and  may prescribe the manner in which such
accounts shall be kept. He may also  in  his  discretion  prescribe  the
forms  of  accounts,  records and memoranda to be kept by such carriers,
including the accounts, records and memoranda of the movement of traffic
as well as the receipts and expenditures of  moneys.  Notice  of  alter-
ations  by  the commissioner in the required method or form of keeping a
system of accounts shall be given to such persons  or  carriers  by  the
commissioner at least six months before the same are to take effect. The
system  of  accounts  established  by  the commissioner and the forms of
accounts, records and memoranda prescribed  by  him  as  provided  above
shall  conform  in the case of railroad companies as nearly as may be to
those from time to time established and prescribed  by  the  [interstate
commerce  commission]  UNITED  STATES DEPARTMENT OF TRANSPORTATION under
the provisions of the act of  congress  entitled  "An  act  to  regulate
commerce"  approved  February fourth, eighteen hundred eighty-seven, and
the acts amendatory thereof or supplementary thereto.  The  commissioner
shall  at  all  times have access to all accounts, records and memoranda
kept by common carriers and may designate any officers or  employees  of
the department who shall thereupon have authority under the order of the
commissioner  to  inspect  and examine any and all accounts, records and
memoranda kept by such carriers. The commissioner  may,  after  hearing,
prescribe by order the accounts in which particular outlays and receipts
shall be entered, charged or credited. At any such hearing the burden of

S. 6258                            20                            A. 9058

proof shall be on the common carrier to establish the correctness of the
accounts  in  which such outlays and receipts have been entered, and the
commissioner may suspend a charge or credit pending submission of  proof
by  such  carrier.    Where the commissioner has prescribed the forms of
accounts, records and memoranda to be kept by such carriers it shall  be
unlawful  for them to keep any other accounts, records or memoranda than
those so prescribed, or those prescribed by or under  authority  of  the
United States.
  S  15.  Section 134 of the transportation law, as added by chapter 267
of the laws of 1970, is amended to read as follows:
  S 134. Duties of commissioner as to interstate  traffic.  The  commis-
sioner  may  investigate interstate freight or passenger rates or inter-
state freight or passenger service on railroads within  the  state,  and
when  such  rates  are, in the opinion of the commissioner, excessive or
discriminatory or are levied or laid in violation of the act of congress
entitled "An act to regulate commerce," approved February fourth,  eigh-
teen  hundred  and  eighty-seven,  and  the  acts amendatory thereof and
supplementary thereto, or in conflict with the rulings, orders or  regu-
lations of the [interstate commerce commission] UNITED STATES DEPARTMENT
OF TRANSPORTATION, the commissioner may apply by petition to the [inter-
state  commerce  commission]  UNITED STATES DEPARTMENT OF TRANSPORTATION
for relief or may present to the [interstate commerce commission] UNITED
STATES DEPARTMENT OF TRANSPORTATION all facts coming to  his  knowledge,
as  to violations of the rulings, orders, or regulations of that commis-
sion or as to violations of the said act to regulate  commerce  or  acts
amendatory thereof or supplementary thereto.
  S  16. The opening paragraph of section 432 of the transportation law,
as amended by chapter 385 of the laws of 1994 and as further amended  by
section  1  of  part  W of chapter 56 of the laws of 2010, is amended to
read as follows:
  The level of railroad participation in  the  program  for  the  period
nineteen  hundred eighty-seven through nineteen hundred ninety-one shall
depend on the estimated tax abatement as computed by the commissioner of
taxation and finance pursuant to either subdivision (c) of section  four
hundred  eighty-nine-j or subdivision (c) of section four hundred eight-
y-nine-hh of the real property tax law. The nature of  railroad  partic-
ipation  in the program, as set forth below, shall be based on the rail-
road's economic or exemption factor under title two-A and title two-B of
article four of the real property tax law, as applicable, and the  rail-
road's  size  classification  as  determined by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION, based  on  rail-
road  system  gross  revenues.  Regardless of the level of their partic-
ipation, all railroads shall annually certify to the  commissioner  that
to the best of their knowledge and belief such railroads are in substan-
tial  compliance with the terms and conditions of any contracts they may
have with the department.
  S 17. The opening paragraph of subdivision 1 of section  1690  of  the
vehicle  and traffic law, as amended by chapter 420 of the laws of 2001,
is amended to read as follows:
  Notwithstanding any other provision of law, where the trial of a traf-
fic or parking infraction is authorized or required to be  tried  before
the  Nassau  county district court, and such traffic and parking infrac-
tion does not constitute a misdemeanor, felony, violation of subdivision
one of section eleven hundred ninety-two, subdivision  five  of  section
eleven  hundred  ninety-two,  section  three  hundred ninety-seven-a, or
subdivision (g) of section eleven hundred eighty of this chapter,  or  a

S. 6258                            21                            A. 9058

violation  of paragraph (b) of subdivision four of section fourteen-f or
clause (b) of subparagraph (iii) of paragraph [d] C of  subdivision  two
of  section  one hundred forty of the transportation law, or any offense
that  is  part of the same criminal transaction, as that term is defined
in subdivision two of section 40.10 of the criminal  procedure  law,  as
such  a  misdemeanor,  felony,  violation  of subdivision one of section
eleven hundred ninety-two, subdivision two  of  section  eleven  hundred
ninety-two,  section  three hundred ninety-seven-a or subdivision (g) of
section eleven hundred eighty of this chapter, or a violation  of  para-
graph  (b)  of  subdivision  four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph d of  subdivision  two  of  section  one
hundred forty of the transportation law, the administrative judge of the
county  in which the trial court is located, may assign judicial hearing
officers to conduct such a trial. Such judicial hearing  officers  shall
be  village  court justices or retired judges either of which shall have
at least two years of experience conducting trials of traffic and  park-
ing  violations  cases  and  shall  be  admitted to practice law in this
state. Where such assignment is made, the judicial hearing officer shall
entertain the case in the same manner as a court and shall:
  S 18. Subdivision 2 of section 371 of the general  municipal  law,  as
amended  by  chapter  19  of  the  laws  of  2009, is amended to read as
follows:
  2. The Nassau county traffic and parking violations agency, as  estab-
lished,  may be authorized to assist the Nassau county district court in
the disposition and administration of infractions of traffic and parking
laws, ordinances, rules and regulations and the liability of owners  for
violations  of  subdivision  (d) of section eleven hundred eleven of the
vehicle and traffic  law  in  accordance  with  section  eleven  hundred
eleven-b  of  such law, except that such agency shall not have jurisdic-
tion over (a) the traffic infraction defined under  subdivision  one  of
section  eleven  hundred  ninety-two of the vehicle and traffic law; (b)
the traffic infraction defined under subdivision five of section  eleven
hundred  ninety-two  of  the  vehicle and traffic law; (c) the violation
defined under paragraph (b) of subdivision four of section fourteen-f of
the transportation law and the violation defined  under  clause  (b)  of
subparagraph  (iii) of paragraph [d] C of subdivision two of section one
hundred forty of the transportation  law;  (d)  the  traffic  infraction
defined  under  section  three hundred ninety-seven-a of the vehicle and
traffic law and the traffic infraction defined under subdivision (g)  of
section  eleven  hundred  eighty of the vehicle and traffic law; (e) any
misdemeanor or felony; or (f) any offense that is part of the same crim-
inal transaction, as that term is defined in subdivision two of  section
40.10  of  the criminal procedure law, as a violation of subdivision one
of section eleven hundred ninety-two of the vehicle and traffic  law,  a
violation  of  subdivision  five of section eleven hundred ninety-two of
the vehicle and traffic law, a violation of paragraph (b) of subdivision
four of section fourteen-f of the transportation  law,  a  violation  of
clause  (b)  of  subparagraph (iii) of paragraph d of subdivision two of
section one hundred forty of the  transportation  law,  a  violation  of
section  three  hundred ninety-seven-a of the vehicle and traffic law, a
violation of subdivision (g) of section eleven  hundred  eighty  of  the
vehicle and traffic law or any misdemeanor or felony.
  S  19. Subdivision 1 of section 27-1321 of the environmental conserva-
tion law, as added by chapter 915 of the laws of  1983,  is  amended  to
read as follows:

S. 6258                            22                            A. 9058

  1.  Notwithstanding  any  other  provision of law to the contrary, any
person who is, by professional training or  experience  and  attainment,
qualified  to analyze and interpret matters pertaining to the treatment,
storage, disposal, or transport  of  hazardous  materials  or  hazardous
wastes,  and who voluntarily and without expectation of monetary compen-
sation provides assistance or advice in mitigating  the  effects  of  an
accidental or threatened discharge of any hazardous materials or hazard-
ous  wastes,  or  in  preventing,  cleaning up, or disposing of any such
discharge, shall not be subject to a penalty or to civil  liability  for
damages  or  injuries  alleged  to  have been sustained by any person or
entity by reason of an act or omission in the giving of such  assistance
or advice. For the purposes of this section, the term "hazardous materi-
als"  shall  have  the same meaning [given] AS that term [in subdivision
one of] IS DEFINED IN REGULATIONS PROMULGATED  BY  THE  COMMISSIONER  OF
TRANSPORTATION PURSUANT TO section fourteen-f of the transportation law,
and  the  term  "hazardous wastes" shall mean those wastes identified or
listed pursuant to section 27-0903 of this article  and  any  rules  and
regulations promulgated thereunder.
  S  20. Subdivision 1 of section 156-a of the executive law, as amended
by section 1 of part D of chapter 1 of the laws of 2004, is  amended  to
read as follows:
  1.  The  state  fire  administrator  shall[, in his or her discretion,
consult with the fire fighting and code enforcement personnel  standards
and  education  commission  established  pursuant to section one hundred
fifty-nine-a of this article,  to]  establish  a  specialized  hazardous
materials  emergency response training program for individuals responsi-
ble  for  providing  emergency  response  recovery  following  incidents
involving  hazardous  materials  as  SUCH TERM IS defined in [accordance
with] REGULATIONS PROMULGATED  BY  THE  COMMISSIONER  OF  TRANSPORTATION
PURSUANT TO section fourteen-f of the transportation law. The state fire
administrator  shall  inform  all fire companies, municipal corporations
and districts, including agencies and departments thereof and all  fire-
fighters,  both  paid  and volunteer, and related officers and employees
and police officers  of  the  implementation  and  availability  of  the
hazardous  materials  emergency  response  training  program  and shall,
subject to the availability of an appropriation, conduct  such  training
with  sufficient  frequency  to  assure  adequate  response to incidents
involving hazardous  materials  and  protection  of  responders  in  all
geographic areas of the state.
  S  21.  This act shall take effect immediately; provided, however that
the amendments to subdivision 2 of section 371 of the general  municipal
law,  made  by section eighteen of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith.

                                 PART H

  Section 1. Subdivisions 1 and 2 of section  11-0515  of  the  environ-
mental  conservation law, as amended by chapter 528 of the laws of 1986,
are amended to read as follows:
  1. The department may issue to any person a license revocable  at  its
pleasure  to collect or possess fish, wildlife, shellfish, crustacea, OR
aquatic insects[, birds' nests or eggs] for propagation, banding, scien-
tific or exhibition purposes.  The  department  in  its  discretion  may
require  an  applicant  to  pay a license fee of ten dollars, [to submit
written testimonials from two well-known persons] and to file a bond  of
two hundred dollars to be approved by the department that he OR SHE will

S. 6258                            23                            A. 9058

not  violate  any  provisions  of this article. Each licensee shall file
with the department [on or before February 1] a  report  [of  his  oper-
ations  during  the preceding calendar year] CONTAINING SUCH INFORMATION
AS  THE  DEPARTMENT  MAY REQUIRE. Such license shall be [effective until
revoked] IN FORCE FOR ONE YEAR ONLY AND SHALL NOT BE TRANSFERABLE.
  2. The department may also issue a license revocable at  its  pleasure
to  possess  and  sell protected fish, wildlife, shellfish, crustacea or
aquatic insects for propagation, scientific or exhibition purposes.  The
department in its discretion may require a license fee of  ten  dollars.
Such license shall be in force for one year only and shall not be trans-
ferable.  Each  licensee  shall [make] FILE WITH THE DEPARTMENT a report
[of his or her operations at the expiration of the  license]  CONTAINING
SUCH  INFORMATION AS THE DEPARTMENT MAY REQUIRE. Fish, wildlife, shellf-
ish, crustacea or aquatic insects lawfully possessed under this  section
may  be  sold at any time by the licensee for propagation, scientific or
exhibition purposes only.
  S 2. Subdivision 1 of section 11-0521 of the  environmental  conserva-
tion  law,  as amended by chapter 600 of the laws of 1993, is amended to
read as follows:
  1. The department may direct any environmental  conservation  officer,
or  issue a permit to any person, to take any wildlife at any time when-
ever it becomes a nuisance, destructive to public or private property or
a threat to public health or welfare, provided, however, that where such
wildlife is a bear, no such permit shall be issued except upon proof  of
damage  to  such property or threat to public health or safety presented
to the department. Upon presentation of such proof, the  department  may
issue  a permit authorizing the use of trained tracking dogs pursuant to
section 11-0928 of this article, and, if the department  has  determined
that  no  other  alternative  is feasible, a separate permit to take the
bear. Wildlife so taken shall be  disposed  of  as  the  department  may
direct.    ANY PERSON, AGENCY, CORPORATION OR MUNICIPALITY WHO OBTAINS A
MIGRATORY BIRD DEPREDATION PERMIT OR ORDER ISSUED BY THE FEDERAL DEPART-
MENT OF THE INTERIOR PURSUANT TO 50 C.F.R. 13 AND 50 C.F.R. 21,  AS  MAY
BE  AMENDED  FROM TIME TO TIME, SHALL NOT BE REQUIRED TO OBTAIN A PERMIT
FROM THE DEPARTMENT TO CONDUCT THE AUTHORIZED ACTIVITIES.
  S 3. Subdivisions 6 and 9 of  section  11-0523  of  the  environmental
conservation  law,  subdivision 6 as added by chapter 911 of the laws of
1990 and subdivision 9 as amended by chapter 114 of the  laws  of  1981,
are amended to read as follows:
  6. Raccoons, MUSKRATS, coyotes or fox injuring private property may be
taken by the owner, occupant or lessee thereof, or an employee or family
member of such owner, occupant or lessee, at any time in any manner.
  9.  Varying  hares,  cottontail  rabbits,  skunks, black, grey and fox
squirrels, raccoons, MUSKRATS, opossums or  weasels  taken  pursuant  to
this  section  in  the  closed  season  or  in a manner not permitted by
section 11-0901 shall be immediately buried or cremated. No person shall
possess or traffic in such skunks or raccoons or the pelts thereof or in
such varying hares or cottontail rabbits or the flesh thereof.
  S 4. Subdivision 4 of section 11-0524 of the  environmental  conserva-
tion  law,  as  added  by chapter 265 of the laws of 2002, is amended to
read as follows:
  4. The fee for a nuisance wildlife control operator license  shall  be
fifty  dollars  paid  annually  to be deposited in the conservation fund
established pursuant to section eighty-three of the state  finance  law,
PROVIDED, HOWEVER, THAT A MUNICIPALITY SHALL NOT BE SUBJECT TO THIS FEE.

S. 6258                            24                            A. 9058

  S  5.  Subdivisions  3  and  4 of section 11-0927 of the environmental
conservation law, are amended to read as follows:
  3. Wild game shall not be taken by shooting or otherwise killed in the
course  of  a field trial. Other game on which a field trial may be held
as provided in this section may be taken by shooting in the course of  a
field  trial, except a field trial held on a licensed dog training area,
provided a license for such shooting has been procured from the  depart-
ment. Game so taken shall be immediately [tagged for identification with
seals,  to  be supplied to the licensee] IDENTIFIED ON FORMS PROVIDED by
the department [at the price of five cents each, and  such  seals  shall
not be removed] until the game is finally prepared for consumption.
  4.  Game  so [tagged] IDENTIFIED may be possessed, transported, bought
and sold at any time, without limitation by section 11-0917.
  S 6. Subdivision 2 of section 11-0931 of the  environmental  conserva-
tion  law,  as amended by chapter 483 of the laws of 2010, is amended to
read as follows:
  2. No firearm or crossbow except a pistol or revolver shall be carried
or possessed in or on a motor vehicle  unless  it  is  unloaded,  for  a
firearm  in  both  the  chamber  and  the magazine, except that a loaded
firearm which may be legally used for taking migratory game birds may be
carried or possessed in a motorboat while being legally used in  hunting
migratory  game birds, and no person except a law enforcement officer in
the performance of his official duties shall, while in  or  on  a  motor
vehicle, use a jacklight, spotlight or other artificial light upon lands
inhabited  by  deer if he is in possession or is accompanied by a person
who is in possession, at the time of such use, of a longbow, crossbow or
a firearm of any kind except a pistol or revolver, unless  such  longbow
is  unstrung  or  such  firearm  or  crossbow  is taken down or securely
fastened in a case or locked in the trunk of the vehicle.  For  purposes
of  this  subdivision,  motor  vehicle shall mean every vehicle or other
device operated by any power other than muscle power,  and  which  shall
include  but  not  be limited to automobiles, trucks, motorcycles, trac-
tors, trailers and motorboats, snowmobiles  and  snowtravelers,  whether
operated  on  or  off public highways. Notwithstanding the provisions of
this subdivision, the department may issue a permit to any person who is
non-ambulatory, except with the use of a mechanized aid,  to  possess  a
loaded  firearm  in  or  on  a motor vehicle as defined in this section,
subject to such restrictions as the department may deem necessary in the
interest of public safety[, and for a fee of five dollars].  Nothing  in
this  section  permits the possession of a pistol or a revolver contrary
to the penal law.
  S 7. Subdivision 2 of section 11-0931 of the  environmental  conserva-
tion  law,  as amended by section 50 of part F of chapter 82 of the laws
of 2002, is amended to read as follows:
  2. No firearm  except  a  pistol  or  revolver  shall  be  carried  or
possessed  in  or  on  a motor vehicle unless it is unloaded in both the
chamber and the magazine, except that a  loaded  firearm  which  may  be
legally used for taking migratory game birds may be carried or possessed
in a motorboat while being legally used in hunting migratory game birds,
and no person except a law enforcement officer in the performance of his
official  duties shall, while in or on a motor vehicle, use a jacklight,
spotlight or other artificial light upon lands inhabited by deer  if  he
is  in possession or is accompanied by a person who is in possession, at
the time of such use, of a longbow, crossbow or a firearm  of  any  kind
except  a  pistol  or  revolver, unless such longbow is unstrung or such
firearm is taken down or securely fastened in a case or  locked  in  the

S. 6258                            25                            A. 9058

trunk  of  the  vehicle. For purposes of this subdivision, motor vehicle
shall mean every vehicle or other device operated  by  any  power  other
than muscle power, and which shall include but not be limited to automo-
biles,  trucks,  motorcycles, tractors, trailers and motorboats, snowmo-
biles and snowtravelers, whether operated on  or  off  public  highways.
Notwithstanding  the  provisions of this subdivision, the department may
issue a permit to any person who is non-ambulatory, except with the  use
of  a mechanized aid, to possess a loaded firearm in or on a motor vehi-
cle as defined in this section, subject  to  such  restrictions  as  the
department may deem necessary in the interest of public safety[, and for
a  fee  of five dollars]. Nothing in this section permits the possession
of a pistol or a revolver contrary to the penal law.
  S 8. Section 11-1003 of the environmental conservation law, as amended
by section 51 of part F of chapter 82 of the laws of 2002, is amended to
read as follows:
S 11-1003. Falconry license.
  Any resident of this state may  be  issued  a  falconry  license.  The
department  shall  prescribe  and furnish forms for application for such
license. The fee for  the  license  shall  be  [twenty]  FORTY  dollars.
Falconry  licenses shall expire on December 31 every [second] FIFTH year
and shall be renewable at the discretion of the department.  A  falconry
license  shall  authorize  the  licensee  to  obtain, buy, sell, barter,
possess and train raptors  for  falconry  and  to  engage  in  falconry,
provided  that  no  game  shall be taken or killed except during an open
season therefor, and further provided  that  such  licensee  shall  also
possess  a  license pursuant to this chapter which authorizes the holder
to hunt wildlife.   Any non-resident, who  legally  possesses  a  raptor
where  he or she resides and who may legally engage in falconry where he
or she resides, may engage in falconry in New York  without  a  falconry
license  provided  he  or  she  possesses  a  valid non-resident hunting
license.
  S 9. Section 11-1721 of the environmental conservation  law,  subdivi-
sion 2 as amended by chapter 528 of the laws of 1986, is amended to read
as follows:
S 11-1721. [Tagging] IDENTIFICATION of carcasses and parts thereof.
  1. The provisions of this section apply to carcasses and parts thereof
of
  a.  domestic  game  killed on the premises of the holder of a domestic
game bird breeder's license PURSUANT TO SECTION 11-1901 OF THIS ARTICLE,
domestic game animal breeder's license PURSUANT TO  SECTION  11-1905  OF
THIS ARTICLE or shooting preserve license PURSUANT TO SECTION 11-1903 OF
THIS ARTICLE;
  b. [domestic game raised outside the state on the premises of a holder
of a certificate under section 11-1715, subdivision 1;
  c. foreign game imported from outside the United States;
  d.  wild  deer (other than white-tailed deer), moose, elk, caribou and
antelope, coming from outside the state, imported  pursuant  to  section
11-1711;
  e.]  bear  possessed  under  license  pursuant  to  section 11-0515 or
outside the state under a license similar in principle  and  killed  for
food  purposes[,  and bought and sold for such purpose under permit from
the department pursuant to section 11-1713];
  [f.] C. trout, black bass, lake trout, landlocked salmon, muskellunge,
pike, pickerel and walleye taken from fishing preserve  waters  licensed
pursuant to section 11-1913.

S. 6258                            26                            A. 9058

  2.  All  such  [game] CARCASSES AND PARTS shall be [tagged] IDENTIFIED
with a [tag or seal, which shall  be  supplied]  FORM  PROVIDED  by  the
department  [for  a  fee  of five cents for each tag or seal. The tag or
seal shall be affixed to each game bird, and in the case of foreign game
shall  be  affixed  to the breast skin, and to the flesh of each quarter
and loin of other game, and shall remain so affixed until  the  game  is
finally  prepared for consumption.  Trout, black bass, lake trout, land-
locked salmon, muskellunge, pike, pickerel and walleye taken from  fish-
ing preserve waters licensed pursuant to section 11-1913 shall be tagged
as prescribed by the department, with a seal, which shall be supplied by
the department for a fee of five cents for each seal].
  3.  [Domestic game killed in this state] CARCASSES AND PARTS shall not
be possessed unless [tagged] ACCOMPANIED  BY  A  FORM  PROVIDED  BY  THE
DEPARTMENT  as  required  by  this  section. [Foreign game imported from
outside the United States and domestic and wild game coming from outside
the state shall be tagged before it is brought into the state  or  imme-
diately upon its receipt within this state by the consignee.
  4.  No  person shall counterfeit any seal or tag issued by the depart-
ment. No person shall attach such a  tag  to  game  which  is  not  game
described in subdivision 1, nor attach to any game described in subdivi-
sion  1  a  tag  or  seal  other  than the tag or seal prescribed by the
department for the tagging of such game.]
  S 10. Section 11-1723 of the environmental conservation law is amended
to read as follows:
S 11-1723. Sale of game and trout; transportation within the state.
  1. a. Except as provided in paragraph b, game and  trout  required  by
section  11-1721  to  be  [tagged,  when  so  tagged] IDENTIFIED, may be
possessed, bought and sold, and subject to section 11-1725 may be trans-
ported within and from within to without the state by any means.
  b. No domestic duck, goose, brant or swan killed by shooting shall  be
bought  or  sold  unless marked [by having had the hind toe of the right
foot removed as provided in subdivision 5 of section 11-1901] IN ACCORD-
ANCE WITH REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY
THE DEPARTMENT OF THE INTERIOR PURSUANT  TO  50  C.F.R.  21  AS  MAY  BE
AMENDED FROM TIME TO TIME.
  2.  No  person  shall  sell  or  offer for sale any such game or trout
unless it is so [tagged] IDENTIFIED.
  S 11. Section 11-1725 of the environmental conservation law is amended
to read as follows:
S 11-1725. Shipment by carriers.
  1. Carriers may receive, and may transport, within and from within  to
without  the  state,  carcasses  and parts thereof of game, described in
subdivision 1 of section 11-1721[, tagged] AND IDENTIFIED as provided in
that section, when they are also labeled as provided in this section.
  2. a. When received in this state by a carrier, or transported  within
or from within to without the state by a carrier, every shipment of game
required  by  section 11-1721 to be [tagged] IDENTIFIED, shall also have
attached a card or label with the  following  data  plainly  printed  or
written  thereon: names and addresses of consignor and consignee, number
and kind of carcasses or parts thereof[, and that the same  is  (as  the
case  may  be)  domestic  game,  imported foreign game, or game imported
under permit (in the case of game imported pursuant to  section  11-1711
or 11-1713)].
  b. If the consignor is the person who holds the game breeder's license
or shooting preserve license[, or the certificate under section 11-1715,
or  the  permit under section 11-1711 or 11-1713,] by authority of which

S. 6258                            27                            A. 9058

such game (other than imported foreign game) is saleable, or if the game
is imported foreign game shipped by a licensed game dealer, the card  or
label  shall  also  state  the  name  and  address of the holder of such
license, [certificate or permit] and the number of the license[, certif-
icate or permit].
  3.  No  carrier or employee thereof shall, while engaged in such busi-
ness, transport as owner any fish or  game  not  lawfully  saleable.  No
carrier  or employee thereof shall knowingly receive or possess any fish
or game, whether packed or unpacked, for shipment for any person, unless
(a) if it is game or trout described in section 11-1721, it is  [tagged]
IDENTIFIED  as  required  by that section, and (b) in any case, it bears
the tag, card, IDENTIFICATION or label required by this  section  or  by
sections 11-0911, 11-0917, 11-1319 or 11-1913.
  S  12. Subdivisions 1, 5 and 8 of section 11-1901 of the environmental
conservation law, paragraphs a and b of  subdivision  1  as  amended  by
chapter 528 of the laws of 1986, are amended to read as follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands, or an entire  island,  a  domestic  game  bird
breeder's  license  permitting him to possess and propagate such species
of domestic game birds as, in its opinion, he has facilities for  propa-
gating  on  the  licensed premises. The license shall expire on March 31
[in each] EVERY FIFTH year. The department shall prescribe  and  furnish
forms  for  application  for  such  license. Applicants shall pay to the
department, and the  department  shall  be  entitled  to  receive,  fees
according to the type of license so issued as follows:
  a.  Class  A  license, [fifty] TWO HUNDRED dollars. This license shall
allow the holder thereof to purchase, possess, propagate, transport  and
sell domestic game birds, dead or alive, and their eggs.
  b.  Class B license, [ten] FORTY dollars. This license shall allow the
holder thereof to purchase, possess and propagate  domestic  game  birds
for  his  own  use. Birds may be killed for food or released to the wild
for restocking. No live birds or their eggs or carcasses  may  be  sold,
exchanged or given away.
  5.  Each  such  domestic duck, goose, brant and swan [before attaining
the age of four weeks] shall be marked [by having the hind  toe  of  the
right  foot  removed,  and no such duck, goose, brant or swan, over four
weeks of age, may be possessed or sold without such mark] IN  ACCORDANCE
WITH  REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY THE
DEPARTMENT OF THE INTERIOR PURSUANT TO 50 C.F.R. 21 AS  MAY  BE  AMENDED
FROM  TIME  TO TIME. [Birds so marked, which have escaped, may be recap-
tured by the licensee. Other such domestic game birds which have escaped
may be recaptured by the licensee provided they are marked as prescribed
in the rules and regulations of the department.  Escaped  birds  may  be
recaptured only on the premises of the licensee. However, removal of the
hind  toe  of  the  right  foot shall not be required for captive geese,
brant and swans, which were adult birds on March 1, 1967 and  previously
had been marked with a V-shaped mark on the web of one foot.]
  8.  [a. The department shall supply tags, for which the licensee shall
pay a fee of five cents each, which shall be affixed to the carcass of a
domestic game bird and remain so  affixed  until  the  bird  is  finally
prepared  for  consumption.  No  domestic  game  bird so killed shall be
possessed without such tag, and only an authorized person shall have  in
his possession such tags.
  b.  Notwithstanding  any provision in this section to the contrary, no
untagged carcass may be removed from the premises except carcasses which
are removed for the purpose of processing.  When  transporting  untagged

S. 6258                            28                            A. 9058

carcasses  for  such processing, the bearer must have a statement signed
by the licensee stating the number of carcasses  being  transported  and
the  name and address of the processor. The bearer must also have in his
possession  tags  equal  in  number  to  the  carcasses transported. The
processor or bearer, after picking and  dressing  the  carcasses,  shall
affix the tags, furnished by the licensee, to each carcass.
  c.  The licensee shall keep records of the number of tags used, and no
tags shall be removed from the licensed premises except as  provided  in
this subdivision. If a game bird breeder's license is not renewed on its
expiration  date, all unused tags and inventory shall be returned to the
nearest regional office of the department not later than ten days  after
the  expiration  date  of the license. There shall be no refund of money
for such returned tags, which shall be immediately invalidated.
  d. The tagging required by this subdivision shall  constitute  compli-
ance  with  the  tagging  requirements  of section 11-1721. Carcasses of
domestic game birds, tagged as provided  in  this  subdivision,  may  be
possessed, bought, sold, offered for sale and transported, to the extent
permitted by sections 11-1719 and 11-1723.] DOMESTIC GAME BIRD CARCASSES
AND  PARTS  SHALL  BE  IDENTIFIED AS REQUIRED BY SECTION 11-1721 OF THIS
ARTICLE.
  S 13. Subdivisions 2, 4 and 6 of section 11-1903 of the  environmental
conservation  law  are  REPEALED and subdivisions 1, 3, 7, and 10, para-
graph c of subdivision 1 as amended by chapter 528 of the laws of  1986,
subdivision  3  as amended by chapter 465 of the laws of 1976, and para-
graph d of subdivision 7 as amended by chapter 37 of the laws  of  1978,
are amended to read as follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands or an entire island a shooting preserve license
permitting him OR HER to purchase, possess, rear and transport,  and  to
release  and  take  by  shooting  therein,  domestic  game birds legally
possessed or acquired. No birds may be held for propagation after [March
31] APRIL 15 unless the owner or lessee also has a  domestic  game  bird
breeder's  license  as  provided  for in section 11-1901. In the case of
leased lands, the applicant shall furnish with his  OR  HER  application
evidence  of  a written lease executed by each lessor covering the prem-
ises to be licensed. The license shall expire  on  [March  31  in  each]
APRIL  15  EVERY  FIFTH year. The department shall prescribe and furnish
forms for application for such license.  Applicants shall pay,  and  the
department  shall  be entitled to receive, fees according to the type of
license issued as follows:
  a. Class A license, [fifty] TWO HUNDRED dollars  [for  the  first  one
hundred  acres and five dollars for each additional one hundred acres or
portion thereof comprising the premises described in  the  application].
This license shall allow the holder thereof to operate a commercial CLUB
OR  MEMBERSHIP shooting preserve WITH A MINIMUM OF ONE HUNDRED ACRES and
charge a daily fee for hunting or charge a fee for each bird killed or a
combination thereof. Birds may be killed by the licensee for his OR  HER
own use and may be sold dead or alive.
  b.  [Class  B  license,  twenty-five dollars for the first one hundred
acres and two dollars and fifty cents for each  additional  one  hundred
acres or portion thereof comprising the premises described in the appli-
cation. This license shall allow the holder thereof to operate a nonpro-
fit  shooting  preserve  or  a  nonprofit  club  or  membership shooting
preserve with use limited to members and guests. Birds may be killed  by
the  licensee  for  his  own  use  but  no live birds, or their eggs, or

S. 6258                            29                            A. 9058

carcasses may be sold unless the licensee holds  a  Class  A  game  bird
breeder's license.
  c.]  Class  [C]  B license, [fifteen] SIXTY dollars [for the first one
hundred acres and two dollars for each additional one hundred  acres  or
portion  thereof  comprising the premises described in the application].
This license shall allow  the  holder  thereof  to  operate  a  shooting
preserve  with  use  restricted  to  the licensee, his OR HER family and
invitees, provided no fees are charged for the privilege of  hunting  or
for  birds  shot. Birds may be killed by the licensee for his OR HER own
use but no live birds, or their eggs, or carcasses may  be  sold  unless
the licensee holds a Class A game bird breeder's license.
  3.  The department may revoke the license of any licensee convicted of
a violation of this section, and no license shall be issued  to  him  OR
HER  for  the  ensuing  two  years. The licensee, unless he OR SHE shall
waive such right, shall have an opportunity to be heard. Notice of hear-
ing shall be given by mailing the same in writing to the licensee at the
address contained in his OR HER license. Attendance of witnesses may  be
compelled by subpoena.  Revocation shall be deemed an administrative act
reviewable by the supreme court as such.
  7. Domestic game birds may not be killed, by shooting, on the premises
specified in the application for the license, except under the following
conditions:
  a.  [Birds  must  be at least fourteen weeks of age before liberation.
Ducks, geese, brant and swans shall be marked by having had the hind toe
of the right foot removed,  except  as  provided  in  subdivision  5  of
section 11-1901, and no such duck, goose, brant or swan, over four weeks
of  age, may be possessed, sold or killed by shooting without such mark.
Birds so marked, which have escaped, may be recaptured by the  licensee.
Other  such  domestic game birds which have escaped may be recaptured by
the licensee provided they are marked as prescribed  in  the  rules  and
regulations  of  the department. Escaped birds may be recaptured only on
the premises of the licensee.
  b. Before any shooting of  domestic  game  birds  may  be  done  on  a
licensed  shooting  preserve  the licensee must advise the department in
writing of the numbers of each species of domestic  game  birds  reared,
purchased  or otherwise acquired for liberation, and request and receive
in writing a shooting authorization which shall  state  the  numbers  of
each  species  of game bird that may be taken by shooting. The number of
birds authorized to be taken by shooting shall not be less  than  eighty
per cent of the number liberated.
  Shooting authorization shall be based on the actual number of birds on
hand  or  on contract at the time of application for such authorization.
If birds are purchased, the applicant  shall  submit  one  copy  of  the
contract agreement signed by the purchaser and seller on forms furnished
by  the  department.  The  contract  shall  state  the name, address and
license number of the party from whom purchased as well as  the  numbers
of birds purchased and the dates of delivery.
  c.]  Ducks, geese, brant and swans liberated under this section may be
taken only under rules and regulations made by the department OR ADOPTED
BY THE FEDERAL DEPARTMENT OF THE INTERIOR.
  [d] B.  On the premises described in the application for the  license,
the  licensee  may kill domestic game birds by shooting from September 1
through [March 31] APRIL 15 and in any manner, other than  by  shooting,
at any time, or any person may take domestic game birds by shooting from
September  1  through [March 31] APRIL 15 with the consent of the licen-
see. [When an investigation made by the department in the month of March

S. 6258                            30                            A. 9058

of any year reveals that during the  current  shooting  preserve  season
reasonable  opportunities  were  not  afforded  to harvest domestic game
birds in any area or areas of the  state  because  of  abnormal  weather
conditions,  the  department  shall  have  power  to extend by order the
shooting preserve season in such area or  areas  for  a  period  not  to
exceed 15 days.]
  10. a. [The department shall supply tags, for which the licensee shall
pay  a  fee  of  five cents each, which shall be affixed to the carcass]
CARCASSES AND PARTS of [a] domestic game [bird  and  remain  so  affixed
until  the  bird  is  finally  prepared  for consumption] BIRDS SHALL BE
ACCOMPANIED BY A FORM PROVIDED BY THE  DEPARTMENT  PURSUANT  TO  SECTION
11-1721  OF  THIS  ARTICLE.    No domestic game birds so killed shall be
possessed OR TRANSPORTED without such [tag] FORM.   Only  an  authorized
person  as provided in the rules and regulations of the department shall
have in his OR HER possession such [tags] FORM.
  b. [Notwithstanding any provision in this section to the contrary,  no
untagged carcass may be removed from the premises except carcasses which
are  removed  for  processing.  When transporting untagged carcasses for
processing, the bearer must have a  statement  signed  by  the  licensee
stating  the number of carcasses transported and the name and address of
the processor. The bearer must also have in his possession tags equal in
number to the carcasses transported.  The  processor  or  bearer,  after
picking  and  dressing the carcasses, shall affix the tags, furnished by
the licensee, to each carcass.
  c. The licensee shall keep records of the number of tags  used.  If  a
shooting  preserve  license  is  not renewed on its expiration date, all
unused tags on inventory shall  be  returned  to  the  nearest  regional
office  of  the  department not later than ten days after the expiration
date of the license. There shall be no refund of money for such returned
tags, which shall be immediately invalidated.
  d. The tagging required by this subdivision shall  constitute  compli-
ance  with  the  tagging  requirements  of section 11-1721. Carcasses of
domestic game birds, tagged as provided  in  this  subdivision,  may  be
possessed  and transported by all licensees under this section, and they
may be bought, sold and offered for sale  to  the  extent  permitted  by
sections 11-1719 and 11-1723, except that no domestic duck, goose, brant
or  swan  shall  be  bought, sold or killed by shooting unless marked as
provided in subdivision 7 of this section] DOMESTIC GAME BIRD  CARCASSES
AND  PARTS  SHALL  BE  IDENTIFIED AS REQUIRED BY SECTION 11-1721 OF THIS
ARTICLE.
  S 14. Subdivisions 1 and 6 of section  11-1905  of  the  environmental
conservation  law,  the opening paragraph of subdivision 1 as amended by
chapter 41 of the laws of 1973, paragraphs a and b of subdivision  1  as
amended  by  chapter  528  of  the  laws of 1986, are amended to read as
follows:
  1. The department may, in its discretion, issue to an owner or  lessee
of  wholly  enclosed  lands  or  an entire island a domestic game animal
breeder's license permitting him to possess and propagate domestic  game
animals  provided  such  animals are confined and cared for according to
specifications and regulations which the  department,  by  order,  shall
adopt.  The license shall expire on March 31 [of each] EVERY FIFTH year.
The department shall prescribe and furnish  forms  for  application  for
such license. Applicants shall pay, and the department shall be entitled
to receive, fees in accordance with the type of license issued.

S. 6258                            31                            A. 9058

  a.  Class  A  license, [fifty] TWO HUNDRED dollars. This license shall
allow the holder thereof to purchase, possess, propagate, transport  and
sell domestic game animals dead or alive.
  b.  Class B license, [ten] FORTY dollars. This license shall allow the
holder thereof to purchase, possess and propagate domestic game  animals
for  his own use. No animals may be sold, exchanged or given away except
that portions of the carcass may be given away provided they  are  pack-
aged and the package bears the name and license number of the licensee.
  6.  [a.  The  department  shall  supply tags for Class A licenses, for
which the licensees shall pay five cents each, which shall be affixed to
each quarter and loin of each carcass of domestic game animals killed by
Class A licensees and remain  so  affixed  until  the  game  is  finally
prepared  for  consumption.  No  domestic game animal so killed, nor any
portion of the carcass thereof, shall be possessed without such tag, and
no person shall sell such quarter or loin without such tag attached.
  b. The tagging required by this subdivision shall  constitute  compli-
ance with the tagging requirements of section 11-1721. Loins or quarters
of  domestic  game  animals,  killed  by Class A licensees and tagged as
provided in this subdivision, may be possessed, bought, sold and offered
for sale, and transported as provided in section 11-1723 and may be sold
and offered for sale by the holder of  a  Class  A  license  under  this
section  without  the  game  dealer's  license  provided  for in section
11-1719.] DOMESTIC GAME ANIMAL CARCASSES AND PARTS SHALL  BE  IDENTIFIED
AS REQUIRED BY SECTION 11-1721 OF THIS ARTICLE.
  S 15. Section 11-1907 of the environmental conservation law is amended
by adding a new subdivision 3 to read as follows:
  3.  ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE DEPARTMENT SHALL
NOT ISSUE ANY NEW LICENSES PURSUANT TO THIS SECTION.
  S 16. Subparagraph 4 of paragraph b of subdivision 2 and subdivision 6
of section 11-1913 of the environmental conservation law, paragraph a of
subdivision 6 as amended by chapter 528 of the laws of 1986, are amended
to read as follows:
  (4) specify the manner of [tagging] IDENTIFICATION OF fish taken  from
the licensed waters, and
  6.  a.  All  trout, black bass, lake trout, landlocked salmon, muskel-
lunge, pike, pickerel  and  walleye  taken  from  the  licensed  fishing
preserve  waters,  shall  be  immediately  [tagged]  IDENTIFIED ON FORMS
PROVIDED BY THE DEPARTMENT as prescribed in the license or by  order  of
the department. [Such tags shall be furnished by the department and sold
to the licensee at the cost of five cents per tag.]
  b.  The  [tag  so  affixed]  IDENTIFICATION FORM shall [not be removed
from] ACCOMPANY the fish until the same is finally prepared for consump-
tion.
  c. No fish, required to be [tagged] IDENTIFIED as specified  in  para-
graph  a  of  this  subdivision, taken pursuant to this section shall be
possessed off the premises of the fishing preserve  without  such  [tag]
IDENTIFICATION  FORM,  and  no  person shall sell such fish without such
[tag attached, except for scientific, exhibition or  stocking  purposes]
IDENTIFICATION FORM.
  d.  Fish  taken from such fishing preserves and [tagged] IDENTIFIED as
provided in this subdivision, may be possessed, bought, sold and offered
for sale, and transported without restriction. Fish raised or  possessed
under  license  issued  under  this  section may be sold at any time for
scientific, exhibition, propagation or stocking purposes.

S. 6258                            32                            A. 9058

  S 17. Subdivision 14 of section 13-0309 of the environmental conserva-
tion law, as amended by section 1 of part A of chapter 59 of the laws of
2006, is amended to read as follows:
  14.  The  department,  until  April  first, two thousand [ten] SIXTEEN
shall be entitled to collect fifteen cents per bushel of surf clams  and
ten cents per bushel of ocean quahogs taken from all certified waters to
be  deposited  in  the  surf  clam/ocean  quahog  account as provided in
section eighty-three of the state finance law.
  S 18. This act shall take effect immediately, except that if this  act
shall  have  become  a law on or after April 1, 2012 this act shall take
effect immediately and shall be deemed to have been in  full  force  and
effect  on  and  after  April  1,  2012; provided that the amendments to
subdivision 2 of section 11-0931 of the environmental  conservation  law
made  by  section six of this act shall be subject to the expiration and
reversion of such subdivision pursuant to chapter 483  of  the  laws  of
2010, as amended, when upon such date the provisions of section seven of
this act shall take effect.

                                 PART I

  Section  1. Section 2 of the public service law is amended by adding a
new subdivision 28 to read as follows:
  28. THE TERM "VOICE-OVER-INTERNET PROTOCOL SERVICE" OR "VOIP  SERVICE"
WHEN  USED  IN  THIS  CHAPTER,  SHALL MEAN ANY SERVICE THAT: (A) ENABLES
REAL-TIME TWO-WAY VOICE COMMUNICATIONS THAT ORIGINATE FROM OR  TERMINATE
TO  THE  USER'S LOCATION USING INTERNET PROTOCOL OR ANY SUCCESSOR PROTO-
COL; (B) USES A BROADBAND CONNECTION FROM THE USER'S LOCATION;  AND  (C)
PERMITS  USERS  GENERALLY  TO RECEIVE CALLS THAT ORIGINATE ON THE PUBLIC
SWITCHED TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE PUBLIC SWITCHED
TELEPHONE NETWORK.
  S 2. Paragraph d of subdivision 1 of section 5 of the  public  service
law,  as  amended by chapter 155 of the laws of 1970, is amended to read
as follows:
  d. To every telephone line which lies wholly within the state and that
part within the state of New York of every  telephone  line  which  lies
partly  within and partly without the state and to the persons or corpo-
rations owning, leasing or operating any such telephone line.   NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE COMMIS-
SION,  THE  DEPARTMENT  OF  PUBLIC  SERVICE, NOR ANY OTHER DEPARTMENT OR
AGENCY OF THIS STATE, OR ANY POLITICAL SUBDIVISION THEREOF,  SHALL  HAVE
AUTHORITY  TO  REGULATE  THE  ENTRY,  RATES OR OTHER TERMS OF SERVICE OF
VOICE-OVER-INTERNET PROTOCOL SERVICE.  PROVIDED, HOWEVER,  THAT  NOTHING
IN  THIS  PARAGRAPH SHALL AFFECT THE AUTHORITY OF THE STATE OR ITS AGEN-
CIES TO ENFORCE SUCH REQUIREMENTS AS ARE  OTHERWISE  EXPRESSLY  PROVIDED
FOR  BY  FEDERAL  LAW,  INCLUDING, BUT NOT LIMITED TO, CONNECTION TO 911
FACILITIES, THE COLLECTION  OF  ENHANCED  911  FEES,  TELECOMMUNICATIONS
RELAY   SERVICE   FEES,  OR  FEDERAL  UNIVERSAL  SERVICE  FUND  FEES  ON
VOICE-OVER-INTERNET PROTOCOL SERVICES THAT MAY BE DETERMINED  TO  APPLY,
OR  BE  CONSTRUED  TO  (1)  MODIFY  OR AFFECT THE RIGHTS, OBLIGATIONS OR
AUTHORITY OF ANY ENTITY, INCLUDING BUT NOT LIMITED TO THE PUBLIC SERVICE
COMMISSION, TO ACT PURSUANT TO, OR ENFORCE THE PROVISIONS OF  47  U.S.C.
251, 47 U.S.C. 252, ANY APPLICABLE TARIFF, OR ANY STATE LAW, RULE, REGU-
LATION  OR  ORDER  RELATED  TO WHOLESALE RIGHTS, DUTIES AND OBLIGATIONS,
INCLUDING THE RIGHTS, DUTIES, AND OBLIGATIONS OF LOCAL EXCHANGE CARRIERS
TO INTERCONNECT AND EXCHANGE VOICE TRAFFIC; (2)  MODIFY  OR  AFFECT  THE
AUTHORITY  OF THE PUBLIC SERVICE COMMISSION TO IMPLEMENT, CARRY OUT, AND

S. 6258                            33                            A. 9058

ENFORCE SUCH PROVISIONS, RIGHTS, DUTIES, OBLIGATIONS OR  TARIFF  THROUGH
ARBITRATION PROCEEDINGS OR OTHER AVAILABLE MECHANISMS AND PROCEDURES; OR
(3)  AFFECT THE PAYMENT OF SWITCHED NETWORK ACCESS RATES OR OTHER INTER-
CARRIER  COMPENSATION  RATES,  AS  APPLICABLE.   NOTHING HEREIN SHALL BE
CONSTRUED TO AFFECT THE APPLICATION OR ENFORCEMENT OF OTHER STATUTES  OR
REGULATIONS  THAT  APPLY  GENERALLY  TO  THE  CONDUCT OF BUSINESS IN THE
STATE, INCLUDING CONSUMER PROTECTION, TAXATION OR  UNFAIR  OR  DECEPTIVE
TRADE PRACTICES RULES OF GENERAL APPLICABILITY.
  S 3. Subdivision 1 of section 90 of the public service law, as amended
by chapter 414 of the laws of 1981, is amended to read as follows:
  1.  [The]  EXCEPT  AS  PROVIDED  IN  PARAGRAPH D OF SUBDIVISION ONE OF
SECTION FIVE OF THIS CHAPTER, THE provisions of this article shall apply
to communication by telegraph or telephone between one point and another
within the state of New York and  to  every  telegraph  corporation  and
telephone corporation.
  S 4. This act shall take effect immediately.

                                 PART J

  Section  1.  Paragraph  f  of  subdivision 1 of section 72-0402 of the
environmental conservation law, as added by chapter 99 of  the  laws  of
2010, is amended to read as follows:
  f.  In any case where a generator EITHER (I) recycles more than ninety
percent of the [amount] TOTAL TONS of hazardous waste or more than nine-
ty percent of the [amount] TOTAL TONS of hazardous wastewater  WHICH  it
[produces  in  any] GENERATED DURING THAT calendar year, as certified to
the commissioner, [upon which a fee is imposed pursuant to this section,
any such fee imposed or to be imposed in such  case]  OR  (II)  RECYCLES
MORE  THAN FOUR THOUSAND TONS OF HAZARDOUS WASTE OR MORE THAN FOUR THOU-
SAND TONS OF HAZARDOUS WASTEWATER WHICH IT GENERATED  IN  THAT  CALENDAR
YEAR, AS CERTIFIED TO THE COMMISSIONER, THE FEE IMPOSED PURSUANT TO THIS
SECTION  shall be [determined] CALCULATED AND IMPOSED based upon the net
amount of hazardous waste or THE  NET  AMOUNT  OF  hazardous  wastewater
generated[,  as  applicable,  which] THAT is not [so] recycled in [such]
THAT calendar year, rather than  upon  the  gross  [amount]  AMOUNTS  of
hazardous waste [or] AND hazardous wastewater generated in such calendar
year.
  S 2. This act shall take effect immediately and shall apply to hazard-
ous  waste  program  fee bills issued by the department of environmental
conservation after January 1, 2012  for  hazardous  waste  or  hazardous
wastewater generated during calendar year 2011 or later.

                                 PART K

  Section  1.  Subdivisions 2 and 4 of section 97-1 of the state finance
law, as added by chapter 565 of the law of 1989, are amended to read  as
follows:
  2.  The  sewage  treatment  program management and administration fund
[shall] MAY consist of (a) all moneys transferred to the state from  the
water  pollution  control  revolving  fund  pursuant  to  section twelve
hundred eighty-five-j of the  public  authorities  law,  (b)  all  OR  A
PORTION  OF  moneys made available to New York state for the purposes of
administering and managing  financial  assistance  provided  to  munici-
palities from the water pollution control revolving fund pursuant to the
Federal  Water  Pollution Control Act, and (c) all other moneys credited
or transferred thereto from any other fund or source  pursuant  to  law.

S. 6258                            34                            A. 9058

Notwithstanding  the  foregoing, no money reserved for planning pursuant
to section six hundred four (b) of the Federal Water  Pollution  Control
Act  shall  be  deposited in the sewage treatment program management and
administration fund.
  4.  Moneys  in  such fund, following appropriation by the legislature,
[shall] MAY be used, for the purpose of paying all costs of the  depart-
ment  of  environmental  conservation  and  New York state environmental
facilities corporation for management and administration of  the  sewage
treatment  program  established  by section 17-1909 of the environmental
conservation law and of  the  water  pollution  control  revolving  fund
established  by  section  twelve  hundred  eighty-five-j  of  the public
authorities law.
  S 2. Subdivisions 2 and 4 of section 97-ddd of the state finance  law,
as  added  by  chapter  432  of the laws of 1997, are amended to read as
follows:
  2. The drinking  water  program  management  and  administration  fund
[shall]  MAY consist of (a) all moneys transferred to the state from the
drinking water revolving fund pursuant to section twelve hundred  eight-
y-five-m  of  the public authorities law, (b) all OR A PORTION OF moneys
made available to New York  state  for  purposes  of  administering  and
managing  financial  assistance provided to recipients from the drinking
water revolving fund pursuant to the Federal Safe  Drinking  Water  Act,
and  (c) all other moneys credited or transferred thereto from any other
fund or source pursuant to law.
  4. Moneys in the fund, following  appropriation  by  the  legislature,
[shall]  MAY be used, for the purpose of paying all costs of the depart-
ment of health and New York state environmental  facilities  corporation
for  management  and administration of the drinking water program estab-
lished by title four of article eleven of the public health law  and  of
the  drinking water revolving fund established by section twelve hundred
eighty-five-m of the public authorities law.
  S 3. Subdivisions 5 and 7 of section 1285-j of the public  authorities
law,  subdivision  5  as  amended by chapter 134 of the laws of 2007 and
subdivision 7 as added by chapter 565 of the laws of 1989,  are  amended
to read as follows:
  5.  The  corporation [shall] MAY make payments to the sewage treatment
program management and administration fund in accordance  with  subdivi-
sion  seven of this section to reimburse such fund for expenditures made
pursuant to appropriation to pay the cost of  the  corporation  and  the
department  of environmental conservation for administering and managing
the water  pollution  control  revolving  fund  program  established  in
section  ninety-seven-l  of  the state finance law, for such costs. Such
reimbursement shall be made from (a) available  investment  earnings  on
all  amounts in the water pollution control revolving fund excluding all
amounts in the fund which are the subject of allocations or other finan-
cial assistance to a municipality; and  (b)  payments  received  from  a
municipality  for such purpose pursuant to a project financing agreement
or loan agreement; and (c) if the sources of revenue described  in  this
paragraph  and  paragraphs  (a)  and  (b) of this subdivision are or are
anticipated to be  insufficient,  then  from  the  proceeds  of  federal
capitalization grants, awards or assistance appropriated to the fund for
administration and management of such program.
  Notwithstanding the foregoing, if the sources of revenues described in
paragraphs (a), (b) and (c) of this subdivision are at any time insuffi-
cient  to make a reimbursement to the state pursuant to this subdivision
when due, the corporation shall make such reimbursement from  any  other

S. 6258                            35                            A. 9058

available amounts in the water pollution control revolving fund, exclud-
ing  all amounts that are the subject of allocations, provided, that the
amounts paid from fund sources other than those described in  paragraphs
(a), (b) and (c) of this subdivision shall be reimbursed upon a determi-
nation  by the director of the budget that future revenues obtained from
sources described in paragraphs (a), (b) and (c) of this subdivision are
in excess of the amounts reasonably needed to make future reimbursements
pursuant to this subdivision.
  7. The corporation  [shall]  MAY  transfer  to  the  sewage  treatment
program  management  and  administration  fund  established  pursuant to
section ninety-seven-l of the state finance law no less frequently  than
semi-monthly  amounts  from  the fund sufficient to reimburse the sewage
treatment program management and administration fund in accordance  with
the provisions of subdivision five of this section.
  S 4. Subdivision 7 of section 1285-m of the public authorities law, as
added by chapter 413 of the laws of 1996, is amended to read as follows:
  7.  The corporation [shall] MAY transfer to the state on such schedule
as the corporation and the department of health shall agree amounts from
the fund to reimburse the state in accordance  with  the  provisions  of
subdivision five of this section.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART L

  Section 1. Section 140 of the agriculture and markets law, as added by
chapter 631 of the laws of 1955, subdivision 1 as amended by chapter 592
of the laws of 2003, is amended to read as follows:
  S 140. Samples; publication of results of tests. 1.  The  commissioner
or  his  or  her  duly  authorized representatives shall take samples of
seeds [and submit them to the director of the New  York  state  agricul-
tural  experiment station] for examination, analysis, and testing BY THE
DEPARTMENT. THE COMMISSIONER MAY CONTRACT WITH A QUALIFIED LABORATORY TO
PERFORM SUCH EXAMINATION, ANALYSIS, AND TESTING. When the analysis of an
official sample indicates that seed is mislabeled, the results  of  such
analysis shall be provided to the person responsible for the labeling of
the  seed  and,  upon that person's request, made within fifteen days of
his or her receipt of said results,  the  commissioner  or  his  or  her
authorized  agent shall furnish such person with a portion of the sample
taken.
  2. [The director of the New York state agricultural experiment station
shall examine, analyze, or test, or cause to be  examined,  analyzed  or
tested  such samples of seeds taken under the provisions of this article
as shall be submitted to him for that purpose by the  commissioner,  and
shall  report  the  results of such analysis, examination, or testing to
the commissioner. For this  purpose  the  New  York  state  agricultural
experiment  station  may establish and maintain trial grounds and a seed
laboratory with the necessary equipment,  and  may  employ  experts  and
incur  such  expense as may be necessary to comply with the requirements
of this article.
  3.] From time to time the  [New  York  state  agricultural  experiment
station, in cooperation with the] department of agriculture and markets,
shall  make  public  the  results of examinations, analyses, trials, and
tests of any sample or samples so procured,  together  with  such  addi-
tional  information  as  circumstances  advise.  These published results
shall be the property of the state of New York and shall not be used for

S. 6258                            36                            A. 9058

advertising or regulatory purposes by any person or agency, governmental
or otherwise without requested and granted permission of the commission-
er [of agriculture and markets].
  S  2.    Section 140-a of the agriculture and markets law, as added by
chapter 631 of the laws of 1955, is amended to read as follows:
  S 140-a. Provision for seed tests.  Any citizen of  this  state  shall
have  the  privilege  of  submitting to the [New York state agricultural
experiment station] DEPARTMENT samples of seeds for [test]  TESTING  and
analysis subject to [such rules and regulations as may be adopted by the
director  of said experiment station and approved by Cornell university]
PAYMENT OF A FEE TO THE COMMISSIONER THAT SHALL, AT A MINIMUM, COVER THE
FULL COSTS OF THE SERVICES PROVIDED. ALL MONIES RECEIVED BY THE  COMMIS-
SIONER  PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN AN ACCOUNT WITHIN
THE MISCELLANEOUS SPECIAL RECEIVE FUND AND SHALL BE USED TO  DEFRAY  THE
EXPENSES  INCIDENTAL  TO  CARRYING  OUT  THE SERVICES AUTHORIZED BY THIS
SECTION.
  S 3. This act shall take effect immediately.

                                 PART M

  Section 1. Subdivision 25-c of  section  16  of  the  agriculture  and
markets  law,  as added by section 1 of part H of chapter 59 of the laws
of 2006, is amended to read as follows:
  25-c. The commissioner may enter into a contract or cooperative agree-
ment under which [laboratory] services, INCLUDING, BUT NOT  LIMITED  TO,
LABORATORY SERVICES AND SERVICES RELATING TO FOOD SAFETY AND INSPECTION,
ANIMAL  HEALTH,  INVASIVE SPECIES CONTROL, THE COLLECTION OF SAMPLES FOR
RESEARCH STUDIES AND SIMILAR SERVICES RELATING TO THE DUTIES AND RESPON-
SIBILITIES of the department may be made available  to  federal,  state,
local,  and  educational  entities when, in the commissioner's judgment,
such contract or cooperative agreement shall be in the  public  interest
and  shall  not adversely affect the department's obligations under this
chapter. Such contracts or cooperative agreements shall require  payment
by  contractors  and cooperators of, at a minimum, the full costs of the
services provided.  All moneys received by the commissioner pursuant  to
such  contracts  and  agreements shall be deposited in an account within
the miscellaneous special revenue fund and shall be used to  defray  the
expenses  incidental  to  carrying  out  the services authorized by this
subdivision.
  S 2. This act shall take effect immediately.

                                 PART N

  Section 1. Section 251-z-3 of the  agriculture  and  markets  law,  as
amended  by  chapter  307  of  the laws of 2004, the second undesignated
paragraph as amended by section 2 of part II of chapter 59 of  the  laws
of 2009, is amended to read as follows:
  S  251-z-3. Licenses; fees. No person shall maintain or operate a food
processing establishment unless licensed biennially by the commissioner.
Application for a license to operate  a  food  processing  establishment
shall be made, upon a form prescribed by the commissioner[, on or before
the  fifteenth  of  the month preceding the applicable license period as
herein prescribed. The license period shall begin February fifteenth for
applicants who apply for a license between February  fifteenth  and  May
fourteenth, May fifteenth for applicants who apply for a license between
May fifteenth and August fourteenth, August fifteenth for applicants who

S. 6258                            37                            A. 9058

apply  for  a  license between August fifteenth and November fourteenth,
and November fifteenth for applicants who apply for  a  license  between
November  fifteenth and February fourteenth]. RENEWAL APPLICATIONS SHALL
BE  SUBMITTED  TO  THE  COMMISSIONER  AT  LEAST THIRTY DAYS PRIOR TO THE
COMMENCEMENT OF THE NEXT LICENSE PERIOD.
  The applicant shall furnish evidence of his  or  her  good  character,
experience  and  competency, that the establishment has adequate facili-
ties and equipment for the business to be conducted, that the establish-
ment is such that the cleanliness of the  premises  can  be  maintained,
that  the  product  produced therein will not become adulterated and, if
the applicant is a retail food store, that the applicant has an individ-
ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to the applicant, upon payment  of  the  license  fee  of  four  hundred
dollars,   a  license  to  operate  the  food  processing  establishment
described in the application. However, the license  fee  shall  be  nine
hundred  dollars  for  a food processing establishment determined by the
commissioner, pursuant to duly promulgated regulations, to require  more
intensive  regulatory  oversight  due  to  the  volume  of  the products
produced, the potentially hazardous nature of the  product  produced  or
the multiple number of processing operations conducted in the establish-
ment.  The  license application for retail food stores shall be accompa-
nied by documentation in a  form  approved  by  the  commissioner  which
demonstrates that the food safety education program requirement has been
met.  The license shall take effect on the date of issuance and continue
[until the last day of the applicable license period set forth  in  this
section] FOR TWO YEARS FROM SUCH DATE.
  [Notwithstanding  any  other  provision  of  law  to the contrary, the
commissioner is hereby authorized and  directed  to  deposit  all  money
received pursuant to this section in an account within the miscellaneous
special revenue fund.]
  S 2. Subdivision 4 of section 128-a of the agriculture and markets law
is  REPEALED and subdivisions 5, 6, 7, 8, 9 and 10 are renumbered subdi-
visions 4, 5, 6, 7, 8 and 9.
  S 3. Subdivision 3 of section 133-a of the agriculture and markets law
is REPEALED.
  S 4. Section 90-b of the state finance law is REPEALED.
  S 5. This act shall take effect immediately.

                                 PART O

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to receive for deposit to the  credit  of
the  general  fund  the amount of up to $913,000 from the New York state
energy research and development authority.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART P

  Section  1.  Expenditures  of  moneys appropriated in a chapter of the
laws of 2012 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue funds - other/state operations, miscellaneous special revenue fund  -
339,  energy  research and planning account, and special revenue funds -

S. 6258                            38                            A. 9058

other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy research and planning account shall be subject to the  provisions  of
this  section.  Notwithstanding  the  provisions  of  subdivision 4-a of
section 18-a of the public service law, all moneys committed or expended
shall  be reimbursed by assessment against gas corporations and electric
corporations as defined in section 2 of the public service law, and  the
total  amount  which may be charged to any gas corporation and any elec-
tric corporation shall not exceed one cent per one thousand  cubic  feet
of  gas sold and .010 cent per kilowatt-hour of electricity sold by such
corporations in their intrastate utility  operations  in  calendar  year
2010.  Such  amounts  shall  be  excluded  from  the  general assessment
provisions of subdivision 2 of section 18-a of the public  service  law,
but shall be billed and paid in the manner set forth in such subdivision
and  upon  receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The director of the budget shall not issue  a  certificate  of  approval
with  respect  to the commitment and expenditure of moneys hereby appro-
priated until the chair of such authority shall have submitted, and  the
director  of  the  budget shall have approved, a comprehensive financial
plan encompassing all moneys available to and  all  anticipated  commit-
ments  and  expenditures by such authority from any source for the oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART Q

  Section  1.  Paragraphs  (c)  and (d) of subdivision 3 of section 5 of
chapter 35 of the laws of 1979, relating to appropriating funds  to  the
New  York  state  urban  development corporation for the acquisition and
initial planning of convention and exhibition center facilities  in  New
York  county,  as  amended by chapter 3 of the laws of 2004, are amended
and a new paragraph (e) is added to read as follows:
  (c) Enter into such other agreements with the city, the state, the New
York state urban development  corporation,  the  operating  corporation,
Triborough  bridge  and tunnel authority and the state of New York mort-
gage agency as the parties thereto deem appropriate  to  effectuate  the
provisions  of this act, and to effectuate the expansion project and any
convention center hotel and the financing thereof pursuant to the  chap-
ter of the laws of 2004 which amended this paragraph; [and]
  (d)  If  the subsidiary enters into an agreement with the metropolitan
transportation authority for the acquisition of the Quill building, then
any and all proceeds shall be applied to and used for  the  metropolitan
transportation authority's capital plan[.]; AND
  (E)  SELL, GRANT OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY
OWNED BY THE NEW YORK CONVENTION CENTER DEVELOPMENT CORPORATION  INCLUD-
ING,  WITHOUT  LIMITATION, THE PROPERTIES IN THE BOROUGH OF MANHATTAN IN
THE CITY OF NEW YORK, LOCATED BETWEEN 11TH AND  12TH  AVENUES  AND  33RD
STREET AND 34TH STREET AND BETWEEN 35TH STREET AND 36TH STREET ALONG THE
EASTERN  BORDER  OF  11TH  AVENUE,  THAT  IS  DETERMINED BY THE NEW YORK
CONVENTION CENTER DEVELOPMENT CORPORATION  TO  BE  UNNECESSARY  FOR  THE
OPERATION OF THE CONVENTION CENTER, THE EXPANSION PROJECT OR ANY CONVEN-
TION  CENTER HOTEL, SUBJECT TO ANY OBLIGATIONS SET FORTH IN ANY APPLICA-
BLE BOND RESOLUTION OR CREDIT SUPPORT AGREEMENT AND SUBJECT TO THE PRIOR

S. 6258                            39                            A. 9058

APPROVAL OF THE DIRECTOR OF THE BUDGET, PROVIDED THAT ANY PROCEEDS  FROM
THE DISPOSITION OF THE PROPERTY SHALL BE TRANSFERRED TO THE STATE TREAS-
URY TO THE CREDIT OF THE GENERAL FUND.
  S 2. This act shall take effect immediately.

                                 PART R

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to  make  loans,  as
amended  by  section  1  of part G of chapter 60 of the laws of 2011, is
amended to read as follows:
  S 2. This act shall take effect immediately [provided,  however,  that
section  one of this act shall expire on July 1, 2012, at which time the
provisions of subdivision 26 of section 5 of the New  York  state  urban
development corporation act shall be deemed repealed; provided, however,
that  neither  the  expiration  nor  the  repeal  of such subdivision as
provided for herein shall be deemed to affect or impair  in  any  manner
any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal].
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART S

  Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968, constituting the New York state  urban  development
corporation act, is REPEALED.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009.

                                 PART T

  Section 1. Subdivisions 27, 28, 29 and 30 of section 5 of section 1 of
chapter 174 of the laws of 1968, constituting the New York  state  urban
development  corporation  act,  subdivisions  28 and 29 as renumbered by
chapter 686 of the laws of 1986, are renumbered subdivisions 28, 29,  30
and 31 and a new subdivision 27 is added to read as follows:
  (27)  TO  MAKE  GRANTS  USING  FUNDS FROM ANY SOURCE ON SUCH TERMS AND
CONDITIONS AS THE CORPORATION MAY DEEM ADVISABLE, IN FURTHERANCE OF  THE
LEGISLATIVE  FINDINGS AND PURPOSES OF THIS ACT, TO ANY PERSON OR ENTITY,
WHETHER PUBLIC OR PRIVATE, PROVIDED THAT SUCH GRANTS ARE MADE OR  ISSUED
IN COMPLIANCE WITH GUIDELINES ESTABLISHED BY THE CORPORATION.
  S 2. This act shall take effect immediately.

                                 PART U

  Section  1.  Subdivision 1 of section 218 of the state finance law, as
amended by chapter 424 of the laws  of  2009,  is  amended  to  read  as
follows:
  1.  Linked  loans  made  to certified businesses in empire zones or to
eligible businesses in highly distressed areas or to eligible businesses
that are defined in paragraph (b-1) of subdivision eleven of section two
hundred thirteen of this article that are located in a renewal community
or defined in paragraph (b-2) of such subdivision that are located in an
empowerment zone or defined in paragraph (b-3) of such subdivision  that

S. 6258                            40                            A. 9058

are  located  in  an  enterprise  community,  respectively  for eligible
projects defined in paragraph (c) of subdivision twelve of  section  two
hundred thirteen of this article or to minority- or women-owned business
enterprises for an eligible project defined in paragraph (e) of subdivi-
sion  twelve  of  section  two  hundred thirteen of this article or to a
defense industry manufacturer for a project defined in paragraph (d)  of
subdivision twelve of section two hundred thirteen of this article OR TO
AN  ELIGIBLE BUSINESS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ELEVEN OF
SECTION TWO HUNDRED THIRTEEN OF  THIS  ARTICLE  THAT  PRODUCES  PRODUCTS
DEFINED  IN SUBDIVISION TWO OF SECTION THREE HUNDRED ONE OF THE AGRICUL-
TURE AND MARKETS LAW FOR AN ELIGIBLE PROJECT AS DEFINED IN PARAGRAPH (B)
OF SUBDIVISION TWELVE OF SECTION TWO HUNDRED THIRTEEN  OF  THIS  ARTICLE
shall  bear  interest  at  a fixed rate equal to three percentage points
below the fixed interest rate the lender would have charged for the loan
in the absence of a linked deposit based on its usual  credit  consider-
ations.    All  other  linked  loans shall bear interest at a fixed rate
equal to two percentage points below the fixed interest rate the  lender
would have charged for the loan in the absence of a linked deposit based
on its usual credit considerations. Lenders shall certify to the commis-
sioner  of  economic development that the rate to be charged on a linked
loan is two percentage points or three percentage points,  as  the  case
may  be,  below  the interest rate the lender would have charged for the
loan in the absence of a linked deposit.
  S 2.  Paragraph (a) of subdivision 11 and paragraph (b) of subdivision
12 of section 213 of the state finance law, as added by chapter  705  of
the laws of 1993, are amended to read as follows:
  (a)  a  manufacturing firm OR AGRICULTURAL BUSINESS which employs five
hundred or fewer employees within the state on a full-time basis; or
  (b) for manufacturing, AGRICULTURAL and service firms, projects  which
involve  the  preparation  of strategic plans for improving productivity
and competitiveness; the introduction  of  modern  equipment  and/or  an
expansion  of  facilities as part of a modernization plan; the introduc-
tion of advanced  technologies  to  improve  productivity  and  quality;
improvements  in production processes and operations, INCLUDING AGRICUL-
TURAL OPERATIONS; introduction of  computerized  information,  reporting
and control systems; reorganization or improvement of work place systems
and  the  introduction  of  total  quality  and  employee  participation
programs; development and introduction of new  products;  identification
and  development  of  new markets, including entry into foreign markets;
financial restructuring for purposes of  enabling  modernization  activ-
ities; buyouts of viable companies by employees or local owners residing
in  the state; and the provision of working capital for other moderniza-
tion activities that will improve the competitiveness  and  productivity
of a firm and result in the creation or retention of jobs; or
  S 3. This act shall take effect immediately.

                                 PART V

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, expenses of the department of health public service  education
program  incurred  pursuant  to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

S. 6258                            41                            A. 9058

                                 PART W

  Section 1. Subdivision 10 of section 89-h of the general business law,
as  amended  by  chapter  699 of the laws of 2004, is amended to read as
follows:
  10. Fees: pay (a) a fee of [thirty-six] SEVENTY-TWO dollars for  proc-
essing  of  the  application, investigation of the applicant and for the
initial [biennial] FOUR YEAR registration period.  Such  fees  shall  be
deposited  to  the credit of the business and licensing services account
established pursuant to the provisions of section ninety-seven-y of  the
state  finance  law;  and  (b)  a fee pursuant to subdivision eight-a of
section eight hundred thirty-seven of the executive law, and  amendments
thereto,  for  the  cost of the division's full search and retain proce-
dures, and a fee as determined by the federal  bureau  of  investigation
for  the  cost of its fingerprint search procedures, which fees shall be
remitted by the department to the division and federal bureau of  inves-
tigation; and
  S  2.  Subdivision  1  of section 89-m of the general business law, as
added by chapter 336 of the laws of 1992, is amended to read as follows:
  1. Registration cards shall expire [two] FOUR years from the  date  of
issuance  or  last  renewal  as the case may be. Not less than sixty nor
more than ninety days prior to the expiration  date  of  a  registration
card,  the  department  shall  mail to each registrant at his last known
address, notice of renewal and a registration renewal form. Registration
cards shall not be renewed unless not more  than  sixty  nor  less  than
thirty  days  prior to the expiration date of the registration card, the
holder submits to the department, a registration renewal form  sworn  to
or  affirmed  by the holder under the penalty of perjury together with a
[biennial] renewal fee in the  amount  of  [twenty-five]  FIFTY  dollars
payable  to  the department and a certificate certifying that the holder
has satisfactorily completed the  required  annual  in-service  training
courses as prescribed by the commissioner pursuant to subdivision one of
section  eight  hundred  forty-one-c  of  the  executive law. Unless the
department determines the existence  of  facts  which  would  constitute
cause  for  denial,  revocation  or  suspension of the registration card
pursuant to this article, it shall renew the registration  card.  Denial
of renewal hereunder shall be reviewable by an administrative hearing as
set  forth  in  section  seventy-nine of this chapter. The [twenty-five]
FIFTY dollar [biennial] renewal fee collected by the department shall be
deposited to the licensing  examinations  services  account  established
pursuant  to  the  provisions of section 97-aa of the state finance law.
Notice that a registration card has expired  or  has  not  been  renewed
pursuant  to  this section shall be given by the secretary to the holder
of such registration card and to the security  guard  company  by  which
such holder was employed at the time of such expiration or non-renewal.
  S  3.  Subdivision 2 and paragraph (a) of subdivision 3 of section 441
of the real property law, subdivision 2 as amended by chapter 81 of  the
laws  of  1995  and paragraph (a) of subdivision 3 as amended by chapter
474 of the laws of 2007, are amended to read as follows:
  2. Renewals. Any license granted under the  provision  hereof  may  be
renewed by the department upon application therefor by the holder there-
of,  in  such form as the department may prescribe and conforming to the
requirements of section  3-503  of  the  general  obligations  law,  and
payment  of the fee for such license. In case of application for renewal
of license, the department may dispense with  the  requirement  of  such
statements  as  it  deems  unnecessary in view of those contained in the

S. 6258                            42                            A. 9058

original application for license but may not dispense with the  require-
ments  of section 3-503 of the general obligations law. A renewal period
within the meaning of this act is considered as being a period of  [two]
FOUR  years  from the date of expiration of a previously issued license.
The department shall require any  applicant,  who  does  not  apply  for
renewal of license within such period, to qualify by passing the written
examination as provided herein, and may require any licensee who has not
yet  passed  the written examination, and who cannot reasonably prove to
the satisfaction of the department, that  he  can  meet  the  competency
requirements,  to  pass  the  written  examination  before  a renewal of
license shall be granted; provided, however, that a person who failed or
was unable to renew his license by reason of his induction or enlistment
in the armed forces of the United States shall not be required  to  take
or pass such examination.
  (a) No renewal license shall be issued any licensee under this article
for  any  license  period  commencing  [November first, nineteen hundred
ninety-five] APRIL FIRST, TWO THOUSAND SEVENTEEN  unless  such  licensee
shall  have within the [two] FOUR year period immediately preceding such
renewal attended at least [twenty-two  and  one-half]  FORTY-FIVE  hours
which shall include at least [three] SIX hours of instruction pertaining
to  fair  housing  and/or  discrimination  in the sale or rental of real
property or an interest in real property and  successfully  completed  a
continuing  education  real  estate  course  or  courses approved by the
secretary of state as to method, content and supervision, which approval
may be withdrawn if in the opinion of the secretary of state such course
or courses are not being conducted properly as to  method,  content  and
supervision.    APPLICANTS WITH A LICENSE EXPIRING PRIOR TO APRIL FIRST,
TWO THOUSAND FIFTEEN, SHALL HAVE WITHIN THE TWO YEAR PERIOD  IMMEDIATELY
PRECEDING  SUCH  RENEWAL ATTENDED AT LEAST TWENTY-TWO AND ONE-HALF HOURS
WHICH SHALL INCLUDE AT LEAST THREE HOURS OF  INSTRUCTION  PERTAINING  TO
FAIR HOUSING AND/OR DISCRIMINATION IN THE SALE OR RENTAL OF REAL PROPER-
TY OR AN INTEREST IN REAL PROPERTY AND SUCCESSFULLY COMPLETED A CONTINU-
ING EDUCATION REAL ESTATE COURSE OR COURSES APPROVED BY THE SECRETARY OF
STATE AS TO METHOD, CONTENT AND SUPERVISION, WHICH APPROVAL MAY BE WITH-
DRAWN IF IN THE OPINION OF THE SECRETARY OF STATE SUCH COURSE OR COURSES
ARE  NOT BEING CONDUCTED PROPERLY AS TO METHOD, CONTENT AND SUPERVISION.
The licensee shall provide an affidavit, in a  form  acceptable  to  the
department of state, establishing the nature of the continuing education
acquired and shall provide such further proof as required by the depart-
ment  of  state. The provisions of this paragraph shall not apply to any
licensed real estate broker who is engaged full time in the real  estate
business  and  who  has  been  licensed under this article prior to July
first, two thousand eight for at least fifteen consecutive  years  imme-
diately preceding such renewal.
  S  4.  Subdivisions 2 and 7 of section 441-a of the real property law,
subdivision 2 as amended by chapter 324 of the laws of 1998 and subdivi-
sion 7 as amended by chapter 497 of the laws of  1985,  are  amended  to
read as follows:
  2.  Terms.  A  license issued or reissued under the provisions of this
article shall entitle  the  person,  co-partnership,  limited  liability
company or corporation to act as a real estate broker, or, if the appli-
cation  is for a real estate salesman's license, to act as a real estate
salesman in this state [up to and  including  the  thirty-first  day  of
October  of  the  year  in which the license by its terms expires] FOR A
PERIOD OF FOUR YEARS FOLLOWING THE ISSUANCE OF SAID LICENSE.

S. 6258                            43                            A. 9058

  7. License term. From and after the date when this  subdivision  shall
take  effect,  the  term for which a license shall be issued or reissued
under this article shall be a period of [two] FOUR years.
  S  5.  Subdivision  1  of  section  441-b of the real property law, as
amended by chapter 324 of the laws  of  1998,  is  amended  to  read  as
follows:
  1.  The  fee  for a license issued or reissued under the provisions of
this article  entitling  a  person,  co-partnership,  limited  liability
company  or  corporation  to  act  as a real estate broker shall be [one
hundred fifty] THREE HUNDRED dollars. The fee for a  license  issued  or
reissued  under the provisions of this article entitling a person to act
as a  real  estate  salesman  shall  be  [fifty]  ONE  HUNDRED  dollars.
Notwithstanding  the  provisions  of  subdivision  seven of section four
hundred forty-one-a of  this  article,  after  January  first,  nineteen
hundred  eighty-six, the secretary of state shall assign staggered expi-
ration dates for outstanding licenses that have been previously  renewed
on  October  thirty-first  of  each  year  from the assigned date unless
renewed. [If the assigned date results in a term  that  exceeds  twenty-
four  months,  the applicant shall pay an additional prorated adjustment
together with the regular renewal fee.] The  secretary  of  state  shall
assign  dates  to  existing licenses in a manner which shall result in a
term of not less than [two] FOUR years.
  S 6. This act shall take effect immediately; provided,  however,  that
sections  three,  four  and  five of this act shall take effect April 1,
2013.

                                 PART X

  Section 1. Subdivision 3 of section 235  of  the  racing,  pari-mutuel
wagering and breeding law is renumbered subdivision 4 and a new subdivi-
sion 3 is added to read as follows:
  3.  THE  RULES  SHALL  PROVIDE  THAT ALL WINNING CASH VOUCHERS MUST BE
PRESENTED FOR PAYMENT BEFORE APRIL FIRST OF THE YEAR FOLLOWING THE  YEAR
OF  THEIR  PURCHASE  AND  FAILURE TO PRESENT ANY SUCH VOUCHER WITHIN THE
PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE A  WAIVER  OF  THE  RIGHT  TO
PARTICIPATE  IN  THE AWARD OR DIVIDEND. THE FUNDS RECEIVED FROM UNCASHED
VOUCHERS SHALL BE PAID TO  THE  RACING  REGULATION  ACCOUNT  ESTABLISHED
PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
  S  2. Paragraph c of subdivision 2 of section 301 of the racing, pari-
mutuel wagering and breeding law, as relettered by chapter  211  of  the
laws  of  1999, is relettered paragraph d and a new paragraph c is added
to read as follows:
  C. THE RULES OF THE BOARD SHALL PROVIDE THAT ALL WINNING CASH VOUCHERS
MUST BE PRESENTED FOR PAYMENT BEFORE APRIL FIRST OF THE  YEAR  FOLLOWING
THE YEAR OF THEIR PURCHASE AND FAILURE TO PRESENT ANY SUCH VOUCHER WITH-
IN  THE PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE A WAIVER OF THE RIGHT
TO PARTICIPATE IN  THE  AWARD  OR  DIVIDEND.  THE  FUNDS  RECEIVED  FROM
UNCASHED  VOUCHERS SHALL BE PAID TO THE RACING REGULATION ACCOUNT ESTAB-
LISHED PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
  S 3. Subdivision 2 of section 401 of the racing, pari-mutuel  wagering
and breeding law is amended to read as follows:
  2.  Without  limiting the generality of the foregoing, and in addition
to its other powers:
  a. [The state racing and wagering board shall have power to fix  mini-
mum  and maximum charges for admission to quarter horse race meetings at
which pari-mutuel betting is conducted provided, however, that the state

S. 6258                            44                            A. 9058

racing and wagering board shall have power to fix the charge for  admis-
sion  of  members of the armed forces of the United States in uniform at
one-half of the amount fixed for such admission generally under authori-
ty of this section.
  b.]  The  state  racing  and  wagering board shall prescribe rules and
regulations for effectually preventing the use of improper devices,  the
administration  of  drugs  or  stimulants or other improper acts for the
purpose of affecting the speed of quarter horses in any  race  in  which
they are about to participate.
  [c.]  B.  The  rules  of the board shall also provide that all winning
pari-mutuel tickets must be presented for payment before April first  of
the year following the year of their purchase and failure to present any
such  ticket  within  the  prescribed  period of time shall constitute a
waiver of the right to participate in the award or dividend.
  C. THE RULES OF THE BOARD SHALL ALSO PROVIDE  THAT  ALL  WINNING  CASH
VOUCHERS  MUST  BE  PRESENTED FOR PAYMENT BEFORE APRIL FIRST OF THE YEAR
FOLLOWING THE YEAR OF THEIR PURCHASE AND FAILURE  TO  PRESENT  ANY  SUCH
VOUCHER  WITHIN  THE PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE A WAIVER
OF THE RIGHT TO PARTICIPATE IN THE AWARD OR DIVIDEND. THE FUNDS RECEIVED
FROM UNCASHED VOUCHERS SHALL BE PAID TO THE  RACING  REGULATION  ACCOUNT
ESTABLISHED PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
  d.  The  board shall have power in its discretion, consistent with the
powers of the state tax commission,  to  prescribe  uniform  methods  of
keeping  accounts,  records  and books to be observed by associations or
corporations licensed under the provisions of this  article  or  by  any
association  or  corporation  which  owns  stock  in,  or  shares in the
profits, or participates in the management or affairs of, such  licensed
association  or  corporation,  or  by  any  person, firm, association or
corporation holding any concession, right or privilege  to  perform  any
service  or  sell  any article at any track at which pari-mutuel quarter
horse racing meets are conducted. The board may also in its  discretion,
consistent  with  the  powers  of the state tax commission, prescribe by
order forms of accounts, records  and  memoranda  to  be  kept  by  such
persons, firms, associations or corporations. The board shall have power
to  visit,  investigate,  and  place  expert  accountants, or such other
persons as it may deem necessary, in the offices, tracks or other places
of business of any such person, firm, association or corporation for the
purpose of seeing that the provisions of sections two hundred twenty-two
through seven hundred five of this chapter  and  rules  and  regulations
issued by the board thereunder are strictly complied with. Such persons,
firms,  associations or corporations shall annually file with the board,
on such date as the board shall prescribe, a report showing their finan-
cial condition  and  financial  transactions  during  the  fiscal  year,
including  a  balance sheet and a profit and loss statement, verified by
the oath of at least two of its principal officers, if it be an  associ-
ation  or  corporation having officers, and by one or more of the owners
or proprietors thereof if not an association or corporation. The  report
shall  be  in  such form and contain such other matters as the board may
determine from time to time to be necessary to disclose  accurately  the
financial  condition  and operation of such persons, firms, associations
or corporations during the preceding fiscal year. The board may for good
cause shown grant a reasonable extension of time for the filing  of  any
such report.
  S  4. Subdivision 2 of section 529 of the racing, pari-mutuel wagering
and breeding law, is renumbered subdivision 3 and a new subdivision 2 is
added to read as follows:

S. 6258                            45                            A. 9058

  2. THE RULES SHALL PROVIDE THAT ALL  WINNING  CASH  VOUCHERS  MUST  BE
PRESENTED  FOR PAYMENT BEFORE APRIL FIRST OF THE YEAR FOLLOWING THE YEAR
OF THEIR PURCHASE AND FAILURE TO PRESENT ANY  SUCH  VOUCHER  WITHIN  THE
PRESCRIBED  PERIOD  OF  TIME  SHALL  CONSTITUTE A WAIVER OF THE RIGHT TO
PARTICIPATE  IN  THE AWARD OR DIVIDEND. THE FUNDS RECEIVED FROM UNCASHED
VOUCHERS SHALL BE PAID TO  THE  RACING  REGULATION  ACCOUNT  ESTABLISHED
PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
  S  5.  This act shall take effect immediately; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized and directed to be  made  and  completed  on  or
before such effective date.

                                 PART Y

  Section  1. Section 308 of the racing, pari-mutuel wagering and breed-
ing law is amended to read as follows:
  S 308. Officials at harness horse race meetings.  At all harness  race
meetings  licensed  by the state racing and wagering board in accordance
with the provisions of sections two  hundred  twenty-two  through  seven
hundred  five  of  this  chapter  qualified judges and [starters] RACING
OFFICIALS shall be designated by the state racing  and  wagering  board.
THE  LICENSED  RACING  ASSOCIATIONS  AND  CORPORATIONS  SHALL EMPLOY AND
APPOINT ONE ASSOCIATE JUDGE AND THE STARTER TO  SERVE  AT  HARNESS  RACE
MEETINGS,  SUBJECT  TO WRITTEN APPROVAL OF THE STATE RACING AND WAGERING
BOARD BEFORE ENTERING UPON THE DISCHARGE OF THEIR DUTIES. Such officials
shall enforce the rules and regulations of the state racing and wagering
board and shall render regular written reports  of  the  activities  and
conduct  of  such  race meetings to the state racing and wagering board,
PROVIDED HOWEVER, THAT THE JUDGES AND STARTERS EMPLOYED  BY  THE  RACING
ASSOCIATION  OR  CORPORATION SHALL NOT HAVE THE POWER TO IMPOSE FINES OR
ISSUE SUSPENSIONS OF OCCUPATIONAL RACING LICENSES.
  S 2. Subdivision 8 of section 73 of the public officers law is amended
by adding a new paragraph (j) to read as follows:
  (J) THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH  (A)  OF
THIS SUBDIVISION SHALL NOT APPLY TO ANY PERSON AS A RESULT OF HIS OR HER
EMPLOYMENT  BY THE NEW YORK STATE RACING AND WAGERING BOARD IN THE CIVIL
SERVICE TITLE OF STARTER OR ASSOCIATE JUDGE WHOSE EMPLOYMENT WAS  TERMI-
NATED WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH AS A
RESULT OF THE ABOLITION OF HIS OR HER POSITION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART Z

  Section 1.  The agriculture and markets law is amended by adding a new
article 21-A to read as follows:
                              ARTICLE 21-A
                      DAIRY RESEARCH AND EDUCATION
SECTION 258-S. LEGISLATIVE DECLARATION.
        258-T. DEFINITIONS.
        258-U. POWERS AND DUTIES OF THE COMMISSIONER.
        258-V. RULES AND REGULATIONS; ENFORCEMENT.
  S 258-S.   LEGISLATIVE DECLARATION. IT IS  HEREBY  DECLARED  THAT  THE
DAIRY  INDUSTRY  IS OF VITAL SIGNIFICANCE TO THE STATE'S ECONOMY, SOCIAL
FABRIC, AND WELFARE OF THE PEOPLE OF  THIS  STATE,  AND  THAT  RESEARCH,

S. 6258                            46                            A. 9058

EDUCATION AND DEVELOPMENT ASSOCIATED WITH DAIRY PRODUCTION IS IMPERATIVE
TO  ENSURE  THAT THE STATE'S DAIRY FARMS AND INDUSTRY REMAIN COMPETITIVE
AND PROFITABLE. IT IS THEREFORE DECLARED TO BE  THE  LEGISLATIVE  INTENT
AND POLICY OF THE STATE:
  1. TO ENABLE MILK PRODUCERS AND OTHERS IN THE DAIRY INDUSTRY, WITH THE
AID  OF THE STATE, TO MORE ECONOMICALLY AND EFFECTIVELY PRODUCE MILK AND
DAIRY PRODUCTS,
  2. TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF  NEW,  IMPROVED
OR  INNOVATIVE DAIRY INDUSTRY PRODUCTION PRACTICES, AND TO PROMOTE THEIR
USE, AND
  3. TO IMPROVE THE ECONOMIC STRENGTH, FARM PROFITABILITY AND WELL-BEING
OF THE MILK PRODUCERS OF THIS STATE  THROUGH  APPLIED  RESEARCH,  FARMER
EDUCATION AND TRAINING.
  S  258-T. DEFINITIONS. 1. "ADVISORY BOARD" MEANS THE PERSONS APPOINTED
BY THE COMMISSIONER FROM NOMINATIONS FROM PRODUCERS AS HEREIN DEFINED TO
ASSIST THE COMMISSIONER IN ADMINISTERING A DAIRY RESEARCH AND  EDUCATION
ORDER.
  2. "AREA" MEANS THE ENTIRE GEOGRAPHIC AREA OF THE STATE OF NEW YORK.
  3. "COMMISSIONER" MEANS THE COMMISSIONER OF AGRICULTURE AND MARKETS OF
THE STATE OF NEW YORK.
  4.  "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF
MILK PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY  OTHER
STATE,  HAVING  AGREEMENTS  WITH ITS PRODUCER MEMBERS TO MARKET, BARGAIN
FOR OR SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY  PERFORMING  ONE
OR  MORE  OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY ITS
MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER-
ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
  5. "DAIRY PRODUCTS" MEANS MILK AND PRODUCTS DERIVED THEREFROM.
  6. "DAIRY RESEARCH AND EDUCATION ORDER" MEANS AN ORDER ISSUED  BY  THE
COMMISSIONER, PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
  7 "MILK" MEANS COW'S MILK.
  8. "MILK DEALER" MEANS ANY PERSON WHO PURCHASES OR HANDLES OR RECEIVES
OR  SELLS MILK, INCLUDING INDIVIDUALS, PARTNERSHIPS, CORPORATIONS, COOP-
ERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSOCIATIONS.
  9. "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO  IS  ENGAGED  IN  THE
PRODUCTION OF MILK FOR COMMERCIAL USE.
  S  258-U. POWERS AND DUTIES OF THE COMMISSIONER. 1. IN ORDER TO EFFEC-
TUATE THE DECLARED POLICY OF THIS ARTICLE, THE COMMISSIONER  MAY,  AFTER
DUE  NOTICE AND OPPORTUNITY FOR HEARING, MAKE AND ISSUE A DAIRY RESEARCH
AND EDUCATION ORDER.
  2. SUCH ORDER SHALL BE ISSUED AND AMENDED OR TERMINATED IN  ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
  (A)  BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT MUST BE APPROVED BY
FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN  THE  REFERENDUM
FOR  THE  AREA  TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT
CONSTITUTE VALID APPROVAL  UNLESS  FIFTY-ONE  PER  CENTUM  OF  ALL  MILK
PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM. PRODUCERS
MAY  VOTE  BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPERATIVES IN ACCORD-
ANCE WITH THE FOLLOWING PROCEDURES:
  (I) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH  ORDER  WITHIN  A
PERIOD  OF NINETY DAYS AFTER THE COMMISSIONER HAS ANNOUNCED A REFERENDUM
ON A PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND CERTIFIED  TO
THE COMMISSIONER AS MEMBERS OF SUCH COOPERATIVE, PROVIDED, HOWEVER, THAT
ANY  COOPERATIVE  BEFORE  SUBMITTING SUCH WRITTEN APPROVAL SHALL GIVE AT
LEAST THIRTY DAYS PRIOR WRITTEN NOTICE  TO  EACH  PRODUCER  WHO  IS  ITS
MEMBER,  OF  THE  INTENTION  OF THE COOPERATIVE TO APPROVE SUCH PROPOSED

S. 6258                            47                            A. 9058

ORDER, AND FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT  INTEND  TO
APPROVE  SUCH  PROPOSED  ORDER, IT SHALL LIKEWISE GIVE WRITTEN NOTICE TO
EACH SUCH PRODUCER WHO IS ITS MEMBER, OF ITS INTENTION NOT TO APPROVE OF
SUCH PROPOSED ORDER.
  (II) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING
A  PROPOSED ORDER, THE COMMISSIONER SHALL NOTIFY ALL MILK PRODUCERS THAT
AN ORDER IS  BEING  CONSIDERED  AND  THAT  EACH  PRODUCER  MAY  REGISTER
APPROVAL OR DISAPPROVAL WITH THE COMMISSIONER EITHER DIRECTLY OR THROUGH
THE PRODUCER'S COOPERATIVE.
  (III)  ANY PRODUCER MAY OBTAIN A BALLOT FROM THE COMMISSIONER IN ORDER
TO REGISTER HIS OR HER OWN  APPROVAL  OR  DISAPPROVAL  OF  THE  PROPOSED
ORDER.    INDIVIDUAL  BALLOTS  SHALL  BE CONSIDERED CONFIDENTIAL AND NOT
SUBJECT TO PUBLIC DISCLOSURE, EXCEPT SUCH BALLOTS SHALL NOT  BE  CONSID-
ERED  CONFIDENTIAL  AS DEEMED NECESSARY BY THE COMMISSIONER TO IMPLEMENT
THE PURPOSES OF THIS ARTICLE.
  (IV) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE THAT HAS NOTIFIED THE
PRODUCER OF ITS INTENT TO APPROVE OR NOT TO APPROVE  A  PROPOSED  ORDER,
AND  WHO  OBTAINS  A  BALLOT  AND WITH SUCH BALLOT EXPRESSES APPROVAL OR
DISAPPROVAL OF THE PROPOSED ORDER, SHALL NOTIFY THE COMMISSIONER  AS  TO
THE  NAME  OF THE COOPERATIVE OF WHICH THE PRODUCER IS A MEMBER, AND THE
COMMISSIONER SHALL REMOVE SUCH PRODUCER'S NAME FROM THE  LIST  CERTIFIED
BY SUCH COOPERATIVE.
  (V)  THE  COMMISSIONER  MAY APPOINT A REFERENDUM ADVISORY COMMITTEE TO
ASSIST AND ADVISE IN THE CONDUCT OF THE REFERENDUM. SUCH COMMITTEE SHALL
REVIEW REFERENDUM PROCEDURES AND THE TABULATION OF  RESULTS,  AND  SHALL
ADVISE  THE COMMISSIONER OF ITS FINDINGS. THE FINAL CERTIFICATION OF THE
REFERENDUM RESULTS SHALL BE MADE  BY  THE  COMMISSIONER.  THE  COMMITTEE
SHALL  CONSIST  OF  NOT  LESS  THAN THREE MEMBERS, NONE OF WHOM SHALL BE
PERSONS DIRECTLY AFFECTED BY THE PROPOSED DAIRY RESEARCH  AND  EDUCATION
ORDER.  TWO  MEMBERS  SHALL BE REPRESENTATIVES OF GENERAL FARM ORGANIZA-
TIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE PROPOSED ORDER. THE MEMBERS
OF THE COMMITTEE SHALL NOT RECEIVE A SALARY BUT  SHALL  BE  ENTITLED  TO
ACTUAL  AND  REASONABLE  EXPENSES  INCURRED  IN THE PERFORMANCE OF THEIR
DUTIES.
  3. THE COMMISSIONER  SHALL  ADMINISTER  AND  ENFORCE  ANY  SUCH  DAIRY
RESEARCH AND EDUCATION ORDER WHILE IT IS IN EFFECT, TO:
  (A)  ENCOURAGE  THE STABILITY AND CONTINUED GROWTH OF THE DAIRY INDUS-
TRY,
  (B) PROVIDE FOR RESEARCH AND EDUCATION PROGRAMS  DESIGNED  TO  IMPROVE
MILK PRODUCTION AND FARM PROFITABILITY,
  (C)  CARRY  OUT, IN OTHER WAYS, THE DECLARED POLICY AND INTENT OF THIS
ARTICLE.
  4. THE COMMISSIONER MAY, AND UPON WRITTEN PETITION OF  NOT  LESS  THAN
TWENTY-FIVE  PER CENTUM OF THE PRODUCERS IN THE AREA, EITHER AS INDIVID-
UALS OR THROUGH COOPERATIVE REPRESENTATION,  SHALL  CALL  A  HEARING  TO
CONSIDER  AMENDING  OR TERMINATING SUCH ORDER, AND ANY SUCH AMENDMENT OR
TERMINATION SHALL BE EFFECTIVE  ONLY  UPON  APPROVAL  OF  FIFTY-ONE  PER
CENTUM  OF THE PRODUCERS OF MILK FOR THE AREA REGULATED PARTICIPATING IN
A REFERENDUM VOTE AS  PROVIDED  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
SECTION.
  5.  THE COMMISSIONER SHALL PREPARE A BUDGET FOR THE ADMINISTRATION AND
OPERATING COSTS AND EXPENSES ASSOCIATED  WITH  ANY  DAIRY  RESEARCH  AND
EDUCATION ORDER ISSUED PURSUANT TO THIS ARTICLE.
  6.  ANY  DAIRY RESEARCH AND EDUCATION ORDER ISSUED BY THE COMMISSIONER
PURSUANT TO THIS ARTICLE MAY CONTAIN ANY OR ALL OF THE FOLLOWING:

S. 6258                            48                            A. 9058

  (A) PROVISIONS FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT
TO THE ORDER FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS AND  PAYING
THE COSTS OF ADMINISTERING AND ENFORCING SUCH ORDER. IN ORDER TO COLLECT
ANY  SUCH  ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH MILK DEALER WHO
RECEIVES  MILK  FROM  PRODUCERS  TO DEDUCT THE AMOUNT OF ASSESSMENT FROM
MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIVERED. THE RATE OF
SUCH ASSESSMENT SHALL NOT EXCEED ONE-TENTH OF ONE PERCENT  PER  HUNDRED-
WEIGHT OF THE AVERAGE STATISTICAL UNIFORM PRICE FOR THE NORTHEAST FEDER-
AL  MILK  MARKETING  ORDER, OR ANY SUCCESSOR THERETO, AT ONONDAGA COUNTY
FOR THE PRECEDING YEAR. NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION
TWO  OF THIS SECTION, THE COMMISSIONER, UPON WRITTEN PETITION OF NO LESS
THAN TWENTY-FIVE PERCENT OF PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS
OR THROUGH COOPERATIVE REPRESENTATION, MAY CALL A HEARING FOR  THE  SOLE
PURPOSE  OF  CONSIDERING ESTABLISHING A NEW RATE OF ASSESSMENT HEREUNDER
AND MAY SUBMIT A PROPOSED CHANGE  IN  THE  RATE  OF  ASSESSMENT  TO  THE
PRODUCERS  FOR  ACCEPTANCE  OR REJECTION WITHOUT OTHERWISE AFFECTING THE
ORDER. THE PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER AS
INDIVIDUALS OR THOROUGH COOPERATIVE REPRESENTATION.
  (B) PROVISIONS FOR PAYMENTS TO INSTITUTIONS OR  ORGANIZATIONS  ENGAGED
IN  RESEARCH  LEADING  TO THE DEVELOPMENT OF NEW, INNOVATIVE OR IMPROVED
PRACTICES OR METHODS FOR DAIRY PRODUCTION AND FARM PROFITABILITY.
  (C) PROVISIONS FOR PAYMENTS TO INSTITUTIONS OR  ORGANIZATIONS  ENGAGED
IN  EDUCATIONAL  ACTIVITIES  TO  PROMOTE  THE  USE OF NEW, INNOVATIVE OR
IMPROVED PRACTICES OR METHODS FOR DAIRY PRODUCTION AND FARM  PROFITABIL-
ITY.
  (D)  PROVISIONS  FOR  REQUIRING  RECORDS  TO BE KEPT AND REPORTS TO BE
FILED BY MILK DEALERS WITH RESPECT TO MILK RECEIVED FROM  PRODUCERS  AND
WITH RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.
  (E)  PROVISIONS  FOR  THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS
FOR THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
  (F) PROVISIONS FOR AN ADVISORY BOARD AS HEREINAFTER INDICATED.
  (G) SUCH OTHER PROVISIONS  AS  MAY  BE  NECESSARY  TO  EFFECTUATE  THE
DECLARED POLICES OF THIS ARTICLE.
  7. THE COMMISSIONER MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFEC-
TIVE  DAIRY  RESEARCH AND EDUCATION ORDER FOR A CONTINUING PERIOD OF NOT
LONGER THAN ONE YEAR, IF THE PURPOSES OF THIS ARTICLE ARE DEEMED  UNNEC-
ESSARY DURING SUCH YEAR.
  8.  PRIOR  TO  THE  ISSUANCE,  AMENDMENT  OR  TERMINATION OF ANY DAIRY
RESEARCH AND EDUCATION ORDER, THE COMMISSIONER MAY REQUIRE THE PETITION-
ERS FOR SUCH ISSUANCE, AMENDMENT OR TERMINATION TO DEPOSIT WITH  HIM  OR
HER  SUCH  AMOUNT AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY THE EXPENSES
OF PREPARING AND MAKING EFFECTIVE, AMENDING OR  TERMINATING  THE  ORDER.
SUCH FUNDS SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE COMMISSION-
ER IN THE SAME MANNER AS OTHER MONEYS RECEIVED BY THE COMMISSIONER UNDER
THIS  ARTICLE  AND, IN THE EVENT THE APPLICATION FOR ADOPTION, AMENDMENT
OR TERMINATION OF A RESEARCH AND EDUCATION ORDER IS APPROVED IN A REFER-
ENDUM, THE COMMISSIONER SHALL REIMBURSE ANY SUCH APPLICANT IN THE AMOUNT
OF ANY SUCH DEPOSIT FROM  ANY  UNEXPENDED  MONIES  COLLECTED  UNDER  THE
RESEARCH ORDER AFFECTED BY SUCH REFERENDUM.
  9.  ANY  MONEYS COLLECTED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE
SHALL NOT BE DEEMED STATE FUNDS AND SHALL BE  DEPOSITED  IN  A  BANK  OR
OTHER  DEPOSITORY IN THIS STATE, APPROVED BY THE COMMISSIONER, AND SHALL
BE DISBURSED  BY  THE  COMMISSIONER  ONLY  FOR  THE  NECESSARY  EXPENSES
INCURRED  BY  THE COMMISSIONER WITH RESPECT TO THE ORDER, ALL IN ACCORD-
ANCE WITH THE RULES  AND  REGULATIONS  OF  THE  COMMISSIONER.  ALL  SUCH
EXPENDITURES  SHALL  BE  AUDITED BY THE STATE COMPTROLLER OR A CERTIFIED

S. 6258                            49                            A. 9058

PUBLIC ACCOUNTANT AT LEAST EVERY TWO YEARS AND  WITHIN  FORTY-FIVE  DAYS
AFTER  THE  COMPLETION THEREOF THE STATE COMPTROLLER OR CERTIFIED PUBLIC
ACCOUNTANT SHALL GIVE A COPY THEREOF TO THE COMMISSIONER AND  THE  ADVI-
SORY  BOARD. ANY MONEYS REMAINING IN SUCH FUND MAY, IN THE DISCRETION OF
THE COMMISSIONER, BE REFUNDED AT THE CLOSE OF ANY  FISCAL  YEAR  UPON  A
PRO-RATA  BASIS  TO  ALL  PERSONS  FROM  WHOM ASSESSMENTS THEREFORE WERE
COLLECTED OR, WHENEVER THE COMMISSIONER FINDS THAT SUCH  MONEYS  MAY  BE
NECESSARY  TO  DEFRAY  THE COST OF OPERATING SUCH RESEARCH AND EDUCATION
ORDER IN A SUCCEEDING FISCAL YEAR, THE COMMISSIONER MAY CARRY  OVER  ALL
OR  ANY  PORTION OF SUCH MONEYS INTO THE NEXT SUCH SUCCEEDING YEAR. UPON
THE TERMINATION BY THE COMMISSIONER OF ANY DAIRY RESEARCH AND  EDUCATION
ORDER,  ALL  MONEYS  REMAINING  AND  NOT REQUIRED BY THE COMMISSIONER TO
DEFRAY THE EXPENSES OF  OPERATING  SUCH  DAIRY  RESEARCH  AND  EDUCATION
ORDER,  SHALL  BE  REFUNDED BY THE COMMISSIONER UPON A PRO-RATA BASIS TO
ALL PERSONS FROM WHOM ASSESSMENTS THEREFORE  WERE  COLLECTED;  PROVIDED,
HOWEVER,  THAT  IF THE COMMISSIONER FINDS THAT THE AMOUNTS SO REFUNDABLE
ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION AND  REFUNDING  OF
SUCH  REFUNDS,  THE  COMMISSIONER  MAY  USE  SUCH  MONEYS  TO DEFRAY THE
EXPENSES  INCURRED  IN  THE  FORMULATION,  ISSUANCE,  ADMINISTRATION  OR
ENFORCEMENT OF ANY SUBSEQUENT RESEARCH ORDER.
  10.  ADVISORY BOARD. (A) ANY DAIRY RESEARCH AND EDUCATION ORDER ISSUED
PURSUANT TO THIS ARTICLE SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVI-
SORY BOARD TO ADVISE AND ASSIST THE COMMISSIONER IN  THE  ADMINISTRATION
OF  SUCH  ORDER. THIS BOARD SHALL CONSIST OF NOT LESS THAN FIVE MEMBERS.
AT LEAST THREE MEMBERS SHALL REPRESENT DAIRY  COOPERATIVES,  ONE  MEMBER
SHALL  REPRESENT A GENERAL FARM ORGANIZATION, AND ONE MEMBER SHALL BE AN
AT-LARGE PRODUCER REPRESENTATIVE. MEMBERS SHALL SERVE  THREE-YEAR  TERMS
AND SHALL BE APPOINTED BY THE COMMISSIONER FROM NOMINATIONS SUBMITTED BY
PRODUCERS  LOCATED  IN  THE AREA TO WHICH THE ORDER APPLIES. THE COMMIS-
SIONER SHALL MAKE EVERY EFFORT TO  ENSURE  THAT  THERE  IS  GEOGRAPHICAL
REPRESENTATION  FROM  THE  MAJOR  DAIRY  PRODUCING REGIONS OF THE STATE.
NOMINATING PROCEDURES, QUALIFICATIONS, REPRESENTATION AND  SIZE  OF  THE
ADVISORY BOARD SHALL BE PRESCRIBED IN THE ORDER.
  (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
ENTITLED  TO  ACTUAL  AND  REASONABLE EXPENSES INCURRED WHILE PERFORMING
DUTIES AS AUTHORIZED IN THIS SECTION.
  (C) THE DUTIES AND RESPONSIBILITIES OF THE  ADVISORY  BOARD  SHALL  BE
PRESCRIBED  BY  THE  COMMISSIONER  IN  THE  DAIRY RESEARCH AND EDUCATION
ORDER, AND MAY INCLUDE ALL OR ANY OF THE FOLLOWING DUTIES AND  RESPONSI-
BILITIES:
  (1) RECOMMENDING TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND REGU-
LATIONS RELATING TO THE ORDER.
  (2)  RECOMMENDING  TO THE COMMISSIONER SUCH AMENDMENTS TO THE ORDER AS
DEEMED ADVISABLE.
  (3) PREPARING AND SUBMITTING TO THE COMMISSIONER AN  ESTIMATED  BUDGET
REQUIRED FOR THE PROPER OPERATION OF THE ORDER.
  (4)   REVIEWING,  EVALUATING  AND  RECOMMENDING  TO  THE  COMMISSIONER
RESEARCH AND EDUCATION ACTIVITIES  FOR  FUNDING  THAT  ARE  DESIGNED  TO
IMPROVE MILK PRODUCTION AND FARM PROFITABILITY.
  (5)  RECOMMENDING  TO THE COMMISSIONER METHODS FOR ASSESSING PRODUCERS
AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
  (6) ASSISTING THE COMMISSIONER  IN  THE  COLLECTION  AND  ASSEMBLY  OF
INFORMATION  AND  DATA  NECESSARY  FOR  THE PROPER ADMINISTRATION OF THE
ORDER.
  (7) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE  ORDER
AS THE COMMISSIONER SHALL DESIGNATE.

S. 6258                            50                            A. 9058

  S  258-V.  RULES AND REGULATIONS; ENFORCEMENT. 1. THE COMMISSIONER MAY
MAKE AND PROMULGATE SUCH RULES AND REGULATIONS AS MAY  BE  NECESSARY  TO
EFFECTUATE  THE PROVISIONS AND INTENT OF THIS ARTICLE AND TO ENFORCE THE
PROVISION OF ANY DAIRY RESEARCH AND EDUCATION ORDER, ALL OF WHICH  SHALL
HAVE THE FORCE AND EFFECT OF LAW.
  2.  THE  COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS
MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY  PROVISION  OF  THIS
ARTICLE,  OR  ANY  RULE  OR REGULATION, OR RESEARCH AND EDUCATION ORDER,
COMMITTED TO HIS OR HER ADMINISTRATION, AND IN  ADDITION  TO  ANY  OTHER
REMEDY  UNDER  ARTICLE THREE OF THIS CHAPTER OR OTHERWISE, MAY APPLY FOR
RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT
BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT  LAW  DOES
NOT  EXIST.  SUCH  APPLICATION  MAY  BE MADE TO THE SUPREME COURT IN ANY
DISTRICT OR COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND  RULES,  OR
TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
  S 2. This act shall take effect immediately.

                                 PART AA

  Section  1.  Paragraph  (b)  of  subdivision  2 of section 2975 of the
public authorities law, as amended by section 1 of part J of chapter  60
of the laws of 2011, is amended to read as follows:
  (b)  On  or before November first, two thousand three and on or before
November first of each year thereafter, the director of the budget shall
determine the amount owed under this  section  by  each  public  benefit
corporation.  The  director  of the budget may reduce, in whole or part,
the amount of such assessment if the payment thereof would necessitate a
state appropriation for  the  purpose,  or  would  otherwise  impose  an
extraordinary hardship upon the affected public benefit corporation. The
aggregate  amount  assessed under this section in any given state fiscal
year may not exceed [sixty] SIXTY-TWO million dollars.
  S 2. This act shall take effect immediately.
  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 AA of this act shall be
as specifically set forth in the last section of such Parts.

2011-S6258A - Details

See Assembly Version of this Bill:: A9058
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2011-S6258A - Summary

2011-S6258A - Bill Text download pdf

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

    S. 6258--A                                            A. 9058--A

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

                            January 17, 2012
                               ___________

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

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

AN  ACT to authorize funding for the Consolidated Local Street and High-
  way Improvement Program (CHIPS)  and  Marchiselli  program  for  state
  fiscal  year  2012-2013;  to  amend  chapter  329 of the laws of 1991,
  amending the state finance law and other laws relating to  the  estab-
  lishment  of the dedicated highway and bridge trust fund; and to amend
  chapter 60 of the laws of 2011, authorizing funding  for  the  Consol-
  idated  Local  Street  and  Highway  Improvement  Program  (CHIPS) and
  Marchiselli program for state fiscal year 2011-2012 and amending chap-
  ter 329 of the laws of 1991, amending the state finance law and  other
  laws relating to the establishment of the dedicated highway and bridge
  trust  fund,  in  relation  to  the effectiveness thereof (Part A); to
  amend the highway law and the state finance law, in relation to  modi-
  fying  the distribution of certain funds (Part B); to amend the trans-
  portation law,  in  relation  to  enacting  a  performance  based  bus
  inspection  program (Part C); to amend the vehicle and traffic law, in
  relation to commercial driver's licenses and  medical  certifications;
  and  to  repeal paragraph (f) of subdivision 3 of section 510-a of the
  vehicle and traffic law,  relating  to  commercial  driver's  licenses
  (Part  D);  to amend the public authorities law, in relation to notes,
  bonds and other obligations of the metropolitan transportation author-
  ity, Triborough bridge and tunnel authority and New York city  transit
  authority  (Part  E);  to amend vehicle and traffic law in relation to
  establishing an additional retention rate for county clerks acting  as
  an agent of the department of motor vehicles based upon internet tran-
  sactions  (Part  F);  to amend the transportation law, the vehicle and
  traffic law, the general municipal law, the environmental conservation
  law and the executive law, in relation to federal revenue; and repeal-

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

                      [ ] is old law to be omitted.
                                                           LBD12673-02-2

S. 6258--A                          2                         A. 9058--A

  ing section 214 of the transportation law relating thereto  (Part  G);
  to  amend the environmental conservation law, in relation to the regu-
  lation of various fish and wildlife licenses, permits  and  fees;  and
  repealing certain provisions of such law relating thereto (Part H); to
  amend  the  public service law, in relation to eliminating state regu-
  lation of VoIP service in order to facilitate competition  and  ensure
  consumers  receive  the  maximum  benefit  of competition (Part I); to
  amend the environmental conservation law,  in  relation  to  hazardous
  waste program fees and surcharges (Part J); to amend the state finance
  law  and  the public authorities law, in relation to the sewage treat-
  ment and drinking water funds and  the  water  pollution  control  and
  drinking  water revolving funds (Part K); to amend the agriculture and
  markets law, in relation to seed testing (Part L); to amend the  agri-
  culture and markets law, in relation to fees for services (Part M); to
  amend  the agriculture and markets law, in relation to food processing
  license fees; and to repeal subdivision 4 of section 128-a and  subdi-
  vision  3  of  section  133-a  of  the agriculture and markets law and
  section 90-b of the state finance law relating to the commercial  feed
  licensing  fund  (Part  N); to authorize and direct the New York state
  energy research and development authority to make  a  payment  to  the
  general  fund  of  up  to $913,000 (Part O); to authorize the New York
  state energy research and development authority to finance  a  portion
  of its research, development and demonstration and policy and planning
  programs  from  assessments on gas and electric corporations (Part P);
  to amend chapter 35 of the laws of  1979,  relating  to  appropriating
  funds  to  the  New  York  state urban development corporation for the
  acquisition and initial planning of convention and  exhibition  center
  facilities  in  New  York  county, in relation to additional powers of
  such corporation (Part Q); to amend chapter 393 of the laws  of  1994,
  amending  the New York state urban development corporation act, relat-
  ing to the powers of the New York state urban development  corporation
  to  make  loans, in relation to the effectiveness thereof (Part R); to
  repeal subdivision 3 of section 16-m  of  the  New  York  state  urban
  development   corporation   act,  in  relation  to  extending  certain
  provisions relating to the  empire  state  economic  development  fund
  (Part  S);  to  amend the New York state urban development corporation
  act, relating to the powers of the New York  state  urban  development
  corporation  to  make grants (Part T); to amend the state finance law,
  in relation to the excelsior linked deposit act (Part U); to authorize
  the department of health to finance certain activities  with  revenues
  generated  from  an assessment on cable television companies (Part V);
  to amend the general business  law  and  the  real  property  law,  in
  relation to increasing the term of licensure and registration from two
  to  four years (Part W); to amend the racing, pari-mutuel wagering and
  breeding law, in relation to presenting uncashed pari-mutuel  vouchers
  within  a  prescribed  period  of  time (Part X); to amend the racing,
  pari-mutuel wagering and breeding law and the public officers law,  in
  relation to employment of officials at harness race meetings (Part Y);
  to  amend  the agriculture and markets law, in relation to authorizing
  the creation of a dairy research and  education  order  (Part  Z);  to
  amend the public authorities law, in relation to the recovery of state
  governmental  costs  from public authorities and public benefit corpo-
  rations (Part AA); to amend the public authorities law, in relation to
  the powers and duties of the dormitory authority of the state  of  New
  York (Part BB); and to amend the banking law, the business corporation
  law,  the  cooperative corporations law, the general associations law,

S. 6258--A                          3                         A. 9058--A

  the limited liability company law, the not-for-profit corporation law,
  the partnership law and the private housing finance law,  in  relation
  to  facilitating  an  online  corporate filing system, simplifying the
  filing  of  corporate  documents  and  reducing  costs  and regulatory
  burdens on the state's businesses; and to repeal certain provisions of
  the business corporation law, the not-for-profit corporation law,  the
  partnership  law  and  the religious corporations law relating thereto
  (Part CC)

  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 CC. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. The sum of four hundred two million seven  hundred  ninety-
seven  thousand  dollars  ($402,797,000), or so much thereof as shall be
necessary, and in addition to amounts previously appropriated by law, is
hereby made available, in accordance with subdivision 1 of  section  380
of  the  public  authorities  law as amended, according to the following
schedule.  Payments pursuant to subdivision (a) of this section shall be
made available as moneys become available for  such  payments.  Payments
pursuant  to  subdivisions  (b)  and  (c)  of this section shall be made
available on the fifteenth day of June, September, December and March or
as soon thereafter as moneys become  available  for  such  payments.  No
moneys  of  the state in the state treasury or any of its funds shall be
available for payments pursuant to this section:
                                SCHEDULE
  (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
1991, as amended. The department of transportation  shall  provide  such
information  to  the  municipalities as may be necessary to maintain the
federal tax exempt status of any  bonds,  notes,  or  other  obligations
issued  by  such  municipalities to provide for the non-federal share of
the cost of projects pursuant to chapter 330 of  the  laws  of  1991  or
section 80-b of the highway law.
  The  program  authorized  pursuant to section 15 of chapter 329 of the
laws of 1991, as added by section 9 of chapter 330 of the laws of  1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year        Amount
                    2012-13                  $39,700,000

S. 6258--A                          4                         A. 9058--A

  (b)   Three  hundred  four  million  three  hundred  thousand  dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of eligible costs of local  highway  and  bridge  projects  pursuant  to
sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
section  9  of  chapter  330  of  the  laws of 1991, as amended. For the
purposes of computing allocations to municipalities, the amount distrib-
uted pursuant to section 16 of chapter 329 of the laws of 1991 shall  be
deemed  to  be $121,520,000.  The amount distributed pursuant to section
16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be
$182,780,000.   Notwithstanding the provisions of any general or special
law, the amounts deemed distributed in accordance  with  section  16  of
chapter  329  of the laws of 1991 shall be adjusted so that such amounts
will not be less than 83.807 percent of the "funding level"  as  defined
in  subdivision 5 of section 10-c of the highway law for each such muni-
cipality. In order to achieve the objectives of section  16  of  chapter
329  of the laws of 1991, to the extent necessary, the amounts in excess
of 83.807 percent of the funding level to be deemed distributed to  each
municipality  under  this  subdivision shall be reduced in equal propor-
tion.
  (c) Fifty-eight million seven hundred  ninety-seven  thousand  dollars
($58,797,000)  to  municipalities for reimbursement of eligible costs of
local highway and bridge projects pursuant to sections 16  and  16-a  of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the  laws of 1991, as amended. For the purposes of computing allocations
to municipalities, the amount distributed  pursuant  to  section  16  of
chapter  329  of the laws of 1991 shall be deemed to be $23,480,000. The
amount distributed pursuant to section 16-a of chapter 329 of  the  laws
of   1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding  the
provisions of any general or special law, the amounts deemed distributed
in accordance with section 16 of chapter 329 of the laws of  1991  shall
be adjusted so that such amounts will not be less than 16.193 percent of
the  "funding  level" as defined in subdivision 5 of section 10-c of the
highway law for each such municipality. In order to achieve  the  objec-
tives  of  section  16 of chapter 329 of the laws of 1991, to the extent
necessary, the amounts in excess of 16.193 percent of the funding  level
to  be  deemed  distributed  to each municipality under this subdivision
shall be reduced in equal proportion. To the extent that  the  total  of
remaining payment allocations calculated herein varies from $58,797,000,
the  payment  amounts  to  each  locality shall be adjusted by a uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991, as amended, shall additionally  make  payments  for  reimbursement
according to the following schedule:
                    State Fiscal Year        Amount
                    2012-13                  $363,097,000
  S 2. Subdivision (f) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as added by section
2  of  part  A  of chapter 60 of the laws of 2011, is amended to read as
follows:
  (f) For purposes of this section and section 10-c of the highway  law,
for  projects completed on or before March 31, [2012] 2013 local highway
and bridge projects may also  include  the  following  work  types:  (1)
microsurfacing,  (2)  paver  placed surface treatment, (3) single course
surface treatment involving chip seals and oil and stone, and (4) double

S. 6258--A                          5                         A. 9058--A

course surface treatment involving chip seals and oil and stone,  howev-
er,  no  reimbursement  shall  be made for (1) microsurfacing, (2) paver
placed surface treatment, (3) single course surface treatment  involving
chip  seals  and  oil and stone, and (4) double course surface treatment
involving chip seals and oil and stone  after  March  31,  [2012]  2013.
Reimbursement  for  projects using these treatments may be made from the
proceeds of bonds, notes or other obligations issued  by  the  New  York
state  thruway  authority pursuant to section 380 of the public authori-
ties law or otherwise as determined by the director of the budget.
  S 3. Subdivision (f) of section 16-a of chapter 329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund,  as  added
by  section 3 of part A of chapter 60 of the laws of 2011, is amended to
read as follows:
  (f) For purposes of this section and section 10-c of the highway  law,
for  projects completed on or before March 31, [2012] 2013 local highway
and bridge projects may also  include  the  following  work  types:  (1)
microsurfacing,  (2)  paver  placed surface treatment, (3) single course
surface treatment involving chip seals and oil and stone, and (4) double
course surface treatment involving chip seals and oil and stone,  howev-
er,  no  reimbursement  shall  be made for (1) microsurfacing, (2) paver
placed surface treatment, (3) single course surface treatment  involving
chip  seals  and  oil and stone, and (4) double course surface treatment
involving chip seals and oil and stone  after  March  31,  [2012]  2013.
Reimbursement  for  projects using these treatments may be made from the
proceeds of bonds, notes or other obligations issued  by  the  New  York
state  thruway  authority pursuant to section 380 of the public authori-
ties law or otherwise as determined by the director of the budget.
  S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
section  4  of  part  A of chapter 60 of the laws of 2011, is amended to
read as follows:
  (d) Any such service contract (i) shall provide that the obligation of
the director of the budget or the state to fund or to  pay  the  amounts
therein provided for shall not constitute a debt of the state within the
meaning  of  any constitutional or statutory provisions in the event the
thruway authority assigns or pledges service contract payments as  secu-
rity  for its bonds or notes, (ii) shall be deemed executory only to the
extent moneys are available and that no liability shall be  incurred  by
the  state  beyond  the  moneys available for the purpose, and that such
obligation is subject to annual appropriation by  the  legislature,  and
(iii)  shall  provide  that  no  funds  shall be made available from the
proceeds of bonds or notes issued pursuant to this  chapter  unless  the
commissioner  of  transportation  has  certified  to the chairman of the
thruway authority that such funds shall  be  used  exclusively  for  the
purposes   authorized   by  subdivision  (a)  of  this  section,  and/or
construction, reconstruction or improvement of local  highways,  bridges
and/or  highway-railroad  crossings, including right of way acquisition,
preliminary engineering, and construction  supervision  and  inspection,
where  the  service  life  of  the  project is at least ten years or for
projects completed on or before March 31, [2012] 2013 where the  project
is:   (1) microsurfacing, (2) paver placed surface treatment, (3) single
course surface treatment involving chip seals and oil and stone and  (4)
double  course surface treatment involving chip seals and oil and stone,
and unless the director of the budget has certified to the  chairman  of

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the  thruway  authority  that  a spending plan has been submitted by the
commissioner of transportation and has been approved by the director  of
the  budget.  No reimbursement shall be made for (1) microsurfacing, (2)
paver  placed  surface  treatment,  (3)  single course surface treatment
involving chip seals and oil and stone, and (4)  double  course  surface
treatment  involving chip seals and oil and stone after March 31, [2012]
2013.
  S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
section  5  of  part  A of chapter 60 of the laws of 2011, is amended to
read as follows:
  (b) Each county, city, town and village shall certify to  the  commis-
sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
construction, reconstruction or improvement of local  highways,  bridges
and/or  highway-railroad  crossings, including right of way acquisition,
preliminary engineering, and  construction  supervision  and  inspection
where  the  service  life  of  the  project is at least ten years or for
projects completed on or before March 31, [2012] 2013 where the  project
is:  (1)  microsurfacing, (2) paver placed surface treatment, (3) single
course surface treatment involving chip seals and oil and stone and  (4)
double  course surface treatment involving chip seals and oil and stone.
No reimbursement shall be made for (1) microsurfacing, (2) paver  placed
surface  treatment,  (3)  single course surface treatment involving chip
seals and oil and stone, and (4) double course surface treatment involv-
ing chip seals and oil and stone after March  31,  [2012]  2013.    Such
certification  shall include any such information as may be necessary to
maintain the federal tax exempt status of bonds, notes  or  other  obli-
gations  issued  by  the  New  York  state thruway authority pursuant to
section 380 of the public authorities law. The commissioner of transpor-
tation shall in writing  request  the  municipalities  to  furnish  such
information as may be necessary to comply with this section.
  S  6.  Subdivision  (b)  of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment of the dedicated highway and bridge trust fund, as amended
by  section 6 of part A of chapter 60 of the laws of 2011, is amended to
read as follows:
  (b) Each county, city, town and village shall certify to  the  commis-
sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
construction, reconstruction or improvement of local  highways,  bridges
and/or  highway-railroad  crossings, including right of way acquisition,
preliminary engineering, and  construction  supervision  and  inspection
where  the  service  life  of  the  project is at least ten years or for
projects completed on or before March 31, [2012] 2013 where the  project
is:  (1)  microsurfacing, (2) paver placed surface treatment, (3) single
course surface treatment involving chip seals and oil and stone and  (4)
double  course surface treatment involving chip seals and oil and stone.
No reimbursement shall be made for (1) microsurfacing, (2) paver  placed
surface  treatment,  (3)  single course surface treatment involving chip
seals and oil and stone, and (4) double course surface treatment involv-
ing chip seals and oil and stone after March  31,  [2012]  2013.    Such
certification  shall include any such information as may be necessary to
maintain the federal tax exempt status of bonds, notes  or  other  obli-
gations  issued  by  the  New  York  state thruway authority pursuant to
section 380 of the public authorities law.  The  commissioner  shall  in

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writing request the municipalities to furnish such information as may be
necessary to comply with this section.
  S 7.  Section 7 of part A of chapter 60 of the laws of 2011, authoriz-
ing  funding  for  the Consolidated Local Street and Highway Improvement
Program (CHIPS) and Marchiselli program for state fiscal year  2011-2012
and amending chapter 329 of the laws of 1991, amending the state finance
law  and other laws relating to the establishment of the dedicated high-
way and bridge trust fund, is amended to read as follows:
  S 7. This act shall take effect immediately; provided,  however,  that
sections  two, three, four, five and six of this act shall expire and be
deemed repealed on April 1, [2012] 2013.
  S 8. This act shall take effect immediately; provided,  however,  that
the  amendments to subdivisions (f) and (b) of section 16 of chapter 329
of the laws of 1991 made by sections two and five of this  act,  respec-
tively,  shall  not  affect the repeal of such subdivisions and shall be
deemed repealed therewith; provided, further,  that  the  amendments  to
subdivisions  (f)  and (b) of section 16-a of chapter 329 of the laws of
1991 made by sections three and six of this act, respectively, shall not
affect the repeal of such subdivisions  and  shall  be  deemed  repealed
therewith; and provided, further, that the amendments to subdivision (d)
of section 11 of chapter 329 of the laws of 1991 made by section four of
this  act  shall  not affect the repeal of such subdivision and shall be
deemed repealed therewith.

                                 PART B

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

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thousand  three  that amended this paragraph, subdivision (d) of section
three hundred four-a, paragraph one of subdivision (a)  and  subdivision
(d)  of  section  three  hundred five, subdivision six-a of section four
hundred  fifteen and subdivision (g) of section twenty-one hundred twen-
ty-five of the vehicle and traffic law, section fifteen of this chapter,
excepting moneys deposited with the  state  on  account  of  betterments
performed  pursuant  to  subdivision twenty-seven or subdivision thirty-
five of section ten of the highway law, (iii) any  moneys  collected  by
the  department  of  transportation  for  services  provided pursuant to
agreements entered into in accordance with section ninety-nine-r of  the
general  municipal  law, and (iv) any other moneys collected therefor or
credited or transferred thereto from any other fund, account or source.
  S 3. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
finance law, as amended by section 3 of chapter 165 of the laws of 2008,
is amended to read as follows:
  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
eighty-nine-e, three hundred one-j,  five  hundred  fifteen  and  eleven
hundred  sixty-seven  of  the  tax  law, section four hundred one of the
vehicle and traffic law, and section thirty-one of chapter fifty-six  of
the  laws  of  nineteen  hundred  ninety-three,  (ii) all fees, fines or
penalties collected by the commissioner of  transportation  pursuant  to
section  fifty-two,  SECTION  THREE HUNDRED TWENTY-SIX, and subdivisions
five, eight and twelve of  section  eighty-eight  of  the  highway  law,
subdivision  fifteen of section three hundred eighty-five of the vehicle
and traffic law, section  fifteen  of  this  chapter,  excepting  moneys
deposited with the state on account of betterments performed pursuant to
subdivision  twenty-seven  or  subdivision thirty-five of section ten of
the highway law, (iii) any moneys collected by the department of  trans-
portation  for  services provided pursuant to agreements entered into in
accordance with section ninety-nine-r of the general municipal law,  and
(iv)  any  other  moneys  collected  therefor or credited or transferred
thereto from any other fund, account or source.
  S 4. This act shall take effect immediately, and shall  be  deemed  to
have  been  in  full  force  and  effect on and after April 1, 2012; and
provided, however, that the amendments to paragraph (a) of subdivision 3
of section 89-b of the state finance law made by section two of this act
shall be subject to the  expiration  and  reversion  of  such  paragraph
pursuant to section 13 of part U-1 of chapter 62 of the laws of 2003, as
amended, when upon such date the provisions of section three of this act
shall take effect.

                                 PART C

  Section  1. Subdivision 3 of section 140 of the transportation law, as
added by chapter 635 of the laws of 1983, is amended to read as follows:
  3. No motor  vehicle  [carrying]  DESIGNED  TO  CARRY  passengers,  as
described  in  subdivision two of this section, shall be operated within
the state unless it carries prominently displayed thereon  the  name  of
the operator and certificate evidencing an inspection in accordance with
the  rules  and  regulations of the commissioner [within a period of six
months last preceding]. The commissioner may, by order,  rule  or  regu-
lation, exempt from the requirements of this subdivision, vehicles which
are  not  operated  exclusively  in  transportation  services  for which
inspection is required, provided that  written  evidence  of  the  names

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otherwise  subject  to  prominent  display  and  such  a  certificate of
inspection are at all times carried within  such  vehicles  to  be  made
available  for  examination  upon  proper demand, while the vehicles are
operated in such service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART D

  Section 1. Subdivision 1 of section 502 of  the  vehicle  and  traffic
law,  as  amended  by  section 2 of part CC of chapter 58 of the laws of
2011, is amended to read as follows:
  1. Application for license. Application for a driver's  license  shall
be  made to the commissioner. The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking of a photo image or images of the applicant  in  accordance  with
rules  and  regulations prescribed by the commissioner. In addition, the
commissioner also shall require that the applicant provide  his  or  her
social  security number and provide space on the application so that the
applicant may register in the New York  state  organ  and  tissue  donor
registry under section forty-three hundred ten of the public health law.
In  addition,  an  applicant  for a commercial driver's license who will
operate a commercial motor vehicle in interstate commerce shall  certify
that such applicant meets the requirements to operate a commercial motor
vehicle,  as  set forth in public law 99-570, title XII, and title 49 of
the code of federal regulations, and all regulations promulgated by  the
United  States secretary of transportation under the hazardous materials
transportation act. In addition, an applicant for a commercial  driver's
license shall submit a medical certificate at such intervals as required
by  the  federal  motor  carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of  federal  regulations  relating  to
medical  certification  and  in a manner prescribed by the commissioner.
For purposes of this section and sections five hundred three [and], five
hundred ten-a, AND FIVE HUNDRED TEN-AA of this title, the  [term]  TERMS
"medical  certificate"  AND  "MEDICAL  CERTIFICATION"  shall mean a form
substantially in compliance with the form set forth in Part 391.43(h) of
title 49 of the code of federal regulations. Upon a  determination  that
the  holder  of  a commercial driver's license has made any false state-
ment, with respect to the application for such license, the commissioner
shall revoke such license.
  S 2. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
traffic  law,  as  amended  by section 3 of part CC of chapter 58 of the
laws of 2011, is amended to read as follows:
  (b) An application for a license shall be valid for a period  of  time
specified  by regulation of the commissioner not to exceed five years. A
learner's permit shall be valid from its issuance until  the  expiration
of  the  application  for  a  driver's  license for which it was issued.
Provided, however, that [if the medical certificate submitted in accord-
ance with the requirements of the federal motor carrier safety  improve-
ment  act  of 1999 and Part 383.71(h) of title 49 of the code of federal
regulations by an applicant for a commercial driver's  license  expires,
any]  A learner's permit [that may have been] issued by the commissioner
in connection with  [the]  AN  application  FOR  A  COMMERCIAL  DRIVER'S
LICENSE  shall  be [suspended] CANCELLED UPON: (I) THE EXPIRATION OF THE

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HOLDER'S  MEDICAL  CERTIFICATION  OR  MEDICAL   VARIANCE   DOCUMENTATION
REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
PART  383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS; (II) THE
HOLDER'S  FAILURE  TO SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL VARI-
ANCE DOCUMENTATION WHEN REQUIRED TO DO SO BY THE COMMISSIONER; OR  (III)
THE  RECEIPT BY THE COMMISSIONER OF INFORMATION FROM THE ISSUING MEDICAL
EXAMINER OR THE FEDERAL  MOTOR  CARRIER  SAFETY  ADMINISTRATION  THAT  A
MEDICAL CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN ERROR.
  S  3.  Paragraph  (f) of subdivision 3 of section 510-a of the vehicle
and traffic law is REPEALED.
  S 4. The vehicle and traffic law is amended by adding  a  new  section
510-aa to read as follows:
  S  510-AA.  DOWNGRADE  OF  COMMERCIAL  DRIVER'S LICENSES. A COMMERCIAL
DRIVER'S LICENSE  SHALL  BE  DOWNGRADED  TO  A  NON-COMMERCIAL  DRIVER'S
LICENSE  BY THE COMMISSIONER UPON THE EXPIRATION OF THE HOLDER'S MEDICAL
CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION REQUIRED BY THE  FEDERAL
MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE
49  OF  THE CODE OF FEDERAL REGULATIONS, OR UPON THE HOLDER'S FAILURE TO
SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION WHEN
REQUIRED TO DO SO BY THE COMMISSIONER.  A  COMMERCIAL  DRIVER'S  LICENSE
SHALL  ALSO  BE  DOWNGRADED  TO A NON-COMMERCIAL DRIVER'S LICENSE BY THE
COMMISSIONER UPON RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL  EXAM-
INER  OR  THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT A MEDICAL
CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN  ERROR.  SUCH  DOWNGRADE
SHALL BE TERMINATED, AND THE COMMERCIAL DRIVER'S LICENSE RESTORED, UPON:
(1)  THE  HOLDER'S  SUBMISSION  OF THE REQUIRED VALID MEDICAL EXAMINER'S
CERTIFICATE OR MEDICAL  VARIANCE  DOCUMENTATION;  OR  (2)  THE  HOLDER'S
SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE OPER-
ATION HE OR SHE ENGAGES, OR EXPECTS TO ENGAGE IN, AND THAT THE HOLDER IS
THEREFORE  NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART  383.71(H)
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
  S 5. Section 509 of the vehicle and traffic law is amended by adding a
new subdivision 7-a to read as follows:
  7-A.  NO  PERSON  SHALL  OPERATE  A  COMMERCIAL  MOTOR  VEHICLE UNLESS
MEDICALLY CERTIFIED IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER  SAFETY
IMPROVEMENT  ACT  OF  1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF
FEDERAL REGULATIONS.
  S 6. This act shall take effect immediately; provided,  however,  that
if  sections  2 and 3 of part CC of chapter 58 of the laws of 2011 shall
not have taken effect on or before such date then sections one  and  two
of this act shall take effect on the same date and in the same manner as
such  chapter of the laws of 2011 takes effect; provided further, howev-
er, that section five of this act shall take effect on the sixtieth  day
after it shall have become a law.

                                 PART E

  Section  1.  Subdivision  12 of section 1269 of the public authorities
law, as amended by section 1 of part NN of chapter 59  of  the  laws  of
2010, is amended to read as follows:
  12.  The  aggregate  principal  amount  of bonds, notes or other obli-
gations issued after the first day of January, nineteen hundred  ninety-
three  by  the authority, the Triborough bridge and tunnel authority and
the New York city transit authority to fund projects contained in  capi-
tal  program  plans  approved  pursuant to section twelve hundred sixty-

S. 6258--A                         11                         A. 9058--A

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

                                 PART F

  Section 1. Section 205 of the vehicle and traffic law  is  amended  by
adding a new subdivision 3-a to read as follows:
  3-A. IN ADDITION TO THE FEES RETAINED PURSUANT TO SUBDIVISION THREE OF
THIS  SECTION, EACH COUNTY CLERK ACTING AS THE AGENT OF THE COMMISSIONER
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL RETAIN FOUR PERCENT OF
"ENHANCED INTERNET AND ELECTRONIC  PARTNER  REVENUE"  COLLECTED  BY  THE
COMMISSIONER.  FOR  THE PURPOSES OF THIS SUBDIVISION, "ENHANCED INTERNET
AND ELECTRONIC PARTNER REVENUE" SHALL MEAN THE AMOUNT OF GROSS  RECEIPTS
ATTRIBUTABLE  TO ALL TRANSACTIONS CONDUCTED ON THE INTERNET BY RESIDENTS
OF SUCH COUNTY AND BY DESIGNATED PARTNERS OF THE DEPARTMENT ON BEHALF OF
SUCH RESIDENTS FOR THE CURRENT CALENDAR YEAR THAT EXCEEDS THE AMOUNT  OF
SUCH  REVENUE  COLLECTED  BY  THE  COMMISSIONER DURING CALENDAR YEAR TWO
THOUSAND ELEVEN.   THE COMMISSIONER SHALL  CERTIFY  THE  AMOUNTS  TO  BE
RETAINED  BY  EACH  COUNTY CLERK PURSUANT TO THIS SUBDIVISION. PROVIDED,
HOWEVER, THAT IF THE AGGREGATE AMOUNT OF FEES RETAINED BY COUNTY  CLERKS
PURSUANT  TO  THIS SUBDIVISION IN CALENDAR YEARS TWO THOUSAND TWELVE AND
TWO THOUSAND THIRTEEN COMBINED EXCEEDS EIGHTY-EIGHT MILLION FIVE HUNDRED
THOUSAND DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED  THEREAFTER

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SHALL  BE REDUCED TO A PERCENTAGE THAT, IF APPLIED TO THE FEES COLLECTED
DURING CALENDAR YEARS TWO THOUSAND  TWELVE  AND  TWO  THOUSAND  THIRTEEN
COMBINED,  WOULD HAVE RESULTED IN AN AGGREGATE RETENTION OF EIGHTY-EIGHT
MILLION  FIVE HUNDRED THOUSAND DOLLARS OR 2.5 PERCENT OF ENHANCED INTER-
NET AND ELECTRONIC PARTNER REVENUE, WHICHEVER IS HIGHER. IF  THE  AGGRE-
GATE  AMOUNT OF FEES RETAINED BY COUNTY CLERKS PURSUANT TO THIS SUBDIVI-
SION IN CALENDAR YEARS TWO THOUSAND TWELVE  AND  TWO  THOUSAND  THIRTEEN
COMBINED  IS  LESS  THAN  EIGHTY-EIGHT  MILLION  FIVE  HUNDRED  THOUSAND
DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER SHALL  BE
INCREASED  TO A PERCENTAGE THAT, IF APPLIED TO THE FEES COLLECTED DURING
CALENDAR YEARS TWO THOUSAND TWELVE AND TWO THOUSAND  THIRTEEN  COMBINED,
WOULD  HAVE  RESULTED  IN AN AGGREGATE RETENTION OF EIGHTY-EIGHT MILLION
FIVE HUNDRED THOUSAND DOLLARS, OR SIX PERCENT OF ENHANCED  INTERNET  AND
ELECTRONIC PARTNER REVENUE, WHICHEVER IS LESS. ON AND AFTER APRIL FIRST,
TWO  THOUSAND  SIXTEEN,  THE PERCENT OF ENHANCED INTERNET AND ELECTRONIC
PARTNER REVENUE TO BE RETAINED BY COUNTY CLERKS SHALL BE THE AVERAGE  OF
THE  ANNUAL  PERCENTAGES  THAT  WERE  IN EFFECT BETWEEN APRIL FIRST, TWO
THOUSAND TWELVE AND MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
  S 2. This act shall take effect April 1, 2012.

                                 PART G

  Section 1. Subdivision 1 of section 140 of the transportation law,  as
added by chapter 635 of the laws of 1983, is amended to read as follows:
  1. Every [common and contract] FOR HIRE AND PRIVATE carrier of passen-
ger  by  motor  vehicle  INVOLVED IN INTERSTATE, INTRASTATE, OR INTERNA-
TIONAL COMMERCE DOMICILED IN NEW YORK shall  furnish  and  provide  with
respect  thereto  such  service  and  facilities  as  shall  be safe and
adequate. Any such carrier shall give immediate notice  to  the  commis-
sioner  of  every accident to which it shall, in the course of its oper-
ations, have been a party.
  S 2. Subparagraph (ii) of paragraph a of subdivision 2 of section  140
of  the  transportation  law,  as  amended by chapter 602 of the laws of
1985, is amended to read as follows:
  (ii) All MOTOR CARRIERS, EMPLOYEES AND motor vehicles [operated pursu-
ant to or requiring a certificate or permit for  the  transportation  of
passengers  or  property  from the interstate commerce commission or the
commissioner] THAT  TRANSPORT  PROPERTY  OR  PASSENGERS  IN  INTRASTATE,
INTERSTATE, OR INTERNATIONAL COMMERCE.
  S  3. Paragraphs b and c of subdivision 2 of section 140 of the trans-
portation law, paragraph b as amended by chapter 173 of the laws of 1990
and paragraph c as amended by chapter 602  of  the  laws  of  1985,  are
amended to read as follows:
  b.  [In addition to those vehicles operated pursuant to or requiring a
certificate or a permit for the  transportation  of  property  from  the
interstate  commerce  commission  or  the  commissioner  as set forth in
subparagraph (ii) of paragraph a of this subdivision,  the  commissioner
shall have the power to adopt rules and regulations governing the safety
of  operation of other motor vehicles operated for the commercial trans-
portation of property.
  c.] The department shall have the power to examine  vehicles,  facili-
ties  and  records subject to the provisions of this subdivision, at any
time and place where they are found, to ascertain whether such rules and
regulations are being obeyed. The rules and regulations of  the  commis-
sioner shall provide for the inspection of all such vehicles, FACILITIES
AND RECORDS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, at such peri-

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ods  and  at  such  manner  as  the  commissioner  may direct, and, when
adopted, shall have the full force and effect of law.
  S  3-a. Paragraph d of subdivision 2 of section 140 of the transporta-
tion law is relettered paragraph c and subparagraph (i)  of  such  para-
graph,  as  added by chapter 173 of the laws of 1990, is amended to read
as follows:
  (i) No MOTOR CARRIER, EMPLOYEE OR motor vehicle [operated pursuant  to
or requiring a certificate or a permit for the transportation of proper-
ty  from  the  interstate commerce commission or the commissioner and no
motor vehicle operated for the commercial  transportation  of  property]
THAT  TRANSPORTS  PROPERTY  OR  PASSENGERS IN INTRASTATE, INTERSTATE, OR
INTERNATIONAL COMMERCE shall [be operated] OPERATE in this state  unless
[it] SUCH MOTOR CARRIER, EMPLOYEE OR MOTOR VEHICLE is in compliance with
the department's safety rules and regulations.
  S  4.  Subdivisions  4 and 5 of section 140 of the transportation law,
subdivision 4 as added by chapter 635 of the laws of 1983  and  subdivi-
sion  5  as  amended  by chapter 731 of the laws of 1988, are amended to
read as follows:
  4. Each motor vehicle  engaged  in  the  interstate  OR  INTERNATIONAL
transportation  of passengers operated within the state shall be subject
to subdivision three of this section as to the display of  the  name  of
the  operator  thereof,  and of such certificate of inspection as to the
safety of its appliances, equipment and  mechanical  operation,  as  the
commissioner  may,  by rules and regulations require. In respect to such
motor vehicle, the commissioner may, in lieu of  a  certificate  of  the
commissioner,  authorize  the  display  of  a  certificate of inspection
issued within a period of [six] TWELVE months last preceding, by a regu-
latory body of another state, or a province  of  Canada,  having  safety
standards  determined  by the commissioner not to be substantially lower
than those prescribed by the commissioner. The rules and regulations  to
be  adopted  under  this  subdivision  shall  insofar  as practicable be
uniform and the provisions of the vehicle and  traffic  law  so  far  as
applicable  and not in conflict with the provisions of this subdivision,
shall continue to apply to all such motor vehicles.
  5. No motor vehicle with  a  seating  capacity  of  more  than  eleven
passengers  manufactured  after  December thirty-first, nineteen hundred
seventy-five, used in the business of transporting school  children  for
hire  or  used  for  the transportation of school children, owned and/or
operated by school districts or by any public or private school shall be
operated within the state, unless each seat,  other  than  the  driver's
seat,  on  such  vehicle is equipped with a padded back at least twenty-
eight inches in height of a  type  and  specification  approved  by  the
commissioner.  Any  person  who operates a motor vehicle in violation of
the requirement for such seat backs shall  be  guilty  of  a  violation,
punishable  by  a fine not exceeding one hundred dollars. The provisions
of this subdivision shall not apply to any bus used for the  transporta-
tion  of  pupils,  teachers  and  other  persons acting in a supervisory
capacity to and from school activities and which bus does not receive or
discharge passengers on or along the public highways on regularly sched-
uled routes and which is being operated pursuant to [a permit or certif-
icate of public convenience and necessity] FOR-HIRE OPERATING  AUTHORITY
issued  by  the  commissioner or by the [interstate commerce commission]
UNITED STATES DEPARTMENT OF TRANSPORTATION. School buses manufactured or
assembled prior to April first, nineteen hundred seventy-seven  may  not
be  used  to  transport  pupils,  teachers and other persons acting in a
supervisory capacity to and from school activities.

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  S 5.  The closing paragraph of section 151 of the transportation  law,
as  added  by  chapter  635  of  the laws of 1983, is amended to read as
follows:
  For the purposes of this article, the term "sedan" or "sedans" as used
herein  shall  include  private  passenger  automobiles  [larger  than a
conventional sedan and commonly known as a  limousine],  but  shall  not
include  [vans  or  buses]  VEHICLES  WITH  A SEATING CAPACITY OF ELEVEN
PERSONS OR MORE INCLUDING THE DRIVER.
  S 6. Section 210 of the transportation law, as amended by chapter  488
of the laws of 1979, is amended to read as follows:
  S 210. Application  of this article. The term "motor truck" as used in
this article shall be deemed to mean and include any motor vehicle  held
and used for the transportation of goods, wares and merchandise for hire
or for a business purpose, [including such motor vehicles commonly known
as  an auto truck or light delivery car] PURSUANT TO THE RULES AND REGU-
LATIONS OF THE COMMISSIONER.  The term "motor bus" as used in this arti-
cle shall be deemed to mean and include any motor vehicle held and  used
for the transportation of passengers for hire OR FOR A BUSINESS PURPOSE,
PURSUANT TO THE RULES AND REGULATIONS OF THE COMMISSIONER.
  S 7.  Section 211 of the transportation law, as amended by chapter 475
of the laws of 1996, is amended to read as follows:
  S  211.  General provisions.   No driver of a motor truck or motor bus
shall drive such vehicle or be on duty for any period of time in  excess
of  that  authorized  pursuant  to  regulation  of the commissioner. The
commissioner is hereby authorized to promulgate  rules  and  regulations
governing  the  hours  of  service  of drivers of motor trucks and motor
buses. Such rules and regulations shall be no less protective of  public
safety than the rules and regulations promulgated by the federal govern-
ment  with  respect  to  hours of labor of operation of motor trucks and
motor buses, provided, however, that with regard  to  drivers  of  motor
buses [operated exclusively in a town or county or] operated by a public
transportation authority operating exclusively within its jurisdictional
area,  the  rules and regulations of the commissioner shall provide that
no driver of such motor buses shall drive more than twelve hours follow-
ing eight consecutive hours off duty and no driver of such  motor  buses
shall  drive  for any period after having been on duty for fifteen hours
following eight consecutive hours off duty  and  every  driver  of  such
motor  buses  shall have at least twenty-four consecutive hours off duty
in every period of seven consecutive days and in no event shall  such  a
driver  be  on  duty  for  more than seventy-five hours in any period of
seven consecutive days.
  S 8. Section 212 of the transportation law, as added by chapter 342 of
the laws of 1974, subdivision a as amended by chapter 843 of the laws of
1980, is amended to read as follows:
  S 212. Records. [a.] Every driver of a motor truck or motor bus  shall
keep  and carry on the vehicle records showing the day and hour when and
the place where he went and was released  from  duty,  whether  in  this
state  or  outside  of  this state. The commissioner shall prescribe the
form of such records and may require such other information to be  shown
thereon  as  he shall deem advisable to insure the proper enforcement of
this article. Such records shall be exhibited to the  commissioner,  his
representatives, or to any peace officer, acting pursuant to his special
duties  or  police officer who shall demand to see the same and shall be
held available for further inspection for a period of sixty days  within
the  state  of New York in an office designated by the owner. Failure to
produce such records upon demand shall  be  presumptive  evidence  of  a

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violation of this article relating to keeping such records. In any pros-
ecution  for the violation of any of the provisions of this article such
records shall be prima facie evidence of the truth of the contents ther-
eof.
  [b.  The  provisions of this article with reference to the carrying of
records on the vehicle shall not apply to the operation of a  motor  bus
or  motor  buses operated on fixed schedules, but this shall not relieve
any corporation, company, association, joint-stock association, partner-
ship or person engaged in the operation of a motor bus or motor buses on
fixed schedules from the necessity of keeping such  records  and  having
them available in an office within the state of New York.]
  S 9. Section 214 of the transportation law is REPEALED.
  S  10. Paragraph (a) of subdivision 1 of section 14-f of the transpor-
tation law, as added by chapter 963 of the laws of 1981, subparagraphs 7
and 8 as amended and subparagraphs 9, 10 and 11 as added by chapter  186
of  the  laws  of  1987,  subparagraph  9  as amended by chapter 180 and
subparagraph 12 as amended by chapter 190 of the laws of  1989  and  the
second  undesignated  paragraph as amended by chapter 402 of the laws of
1993, is amended to read as follows:
  (a) Have the power to make rules and regulations governing transporta-
tion of hazardous materials, which shall mean a substance or material in
a quantity and form which may pose an unreasonable risk  to  health  and
safety or property when transported in commerce, by all modes AS DEFINED
BY  THE  RULES  AND REGULATIONS OF THE DEPARTMENT. [For purposes of this
section, the term "hazardous materials" shall include the following:
  (1) "Irritating material" which shall mean a liquid or solid substance
which upon contact with fire or when exposed to air gives off  dangerous
or  intensely  irritating fumes such as benzylcyande, chloracetophenone,
diphenylaminechlorarsine, and diphenyl chlorarsine,  but  not  including
any poisonous material, Class A;
  (2)  "Poison  A"  which shall mean those poisonous gases or liquids of
such nature that a small amount of the  gas,  liquid  or  vapor  of  the
liquid,  when  in  contact  with  air is dangerous to life.   This class
includes  the  following:  bromacetone,  cyanogen,   cyanogen   chloride
containing  less than 0.9 percent water, diphosgene, ethyldichlorarsine,
hydrocyanic acid, methyldichlorarsine,  nitrogen  peroxide  (tetroxide),
phosgene  (diphosgene),  nitrogen  tetroxide  -  nitric  oxide  mixtures
containing up to 33.2 percent weight nitric oxide;
  (3) "Poison B" which shall mean  those  substances,  liquid  or  solid
(including  pastes and semi-solids), other than Class A poisons or irri-
tating materials, which are known to be so toxic as to be  a  hazard  to
health;
  (4) "Corrosive materials" which shall mean those acids, alkaline caus-
tic  liquids and other corrosive liquids or solids which when in contact
with living tissue, will cause severe damage of such tissue by  chemical
action;  or  in  the  case of leakage, will materially damage or destroy
other freight by chemical action; or are liable to cause  fire  when  in
contact with organic matter or with certain chemicals that cause visible
destruction  or irreversible alteration in human skin tissue at the site
of contact;
  (5) "Oxidizing materials" which shall mean those substances such as  a
chlorate, permanganate, peroxide, or a nitrate, that yields oxygen read-
ily to stimulate the combustion of organic matter;
  (6) "Flammable solids" which shall mean any solid material, other than
one  designated  an explosive, as further defined in this section, which
under conditions incident to transportation, cause fires  through  fric-

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tion,  through  absorption  of  moisture,  through  spontaneous chemical
changes, or as a result of retained heat from the manufacturing or proc-
essing.   Included in  this  class  are  spontaneously  combustible  and
water-reactive materials;
  (7) "Flammable liquids" which shall mean any liquid, except any liquid
meeting the definition of subparagraph nine, ten or eleven of this para-
graph,  which  gives  off  flammable  vapors  below a temperature of one
hundred degrees Fahrenheit;
  (8) "Radioactive materials" which shall mean irradiated nuclear  reac-
tor  fuel  and  the  waste by-products of reprocessed irradiated nuclear
reactor fuel and any other material or  combination  of  materials  that
spontaneously  emits ionizing radiation which the commissioner of trans-
portation determines by  regulation  to  present  significant  potential
threat to public health and safety;
  (9)  "Liquefied  compressed  gas"  which  shall  mean  a gas liquefied
through compression and under charged pressure is partially liquid at  a
temperature of seventy degrees Fahrenheit;
  (9)  "Regulated  medical  waste" which shall be defined as provided in
subdivision one of section 27-1501  of  the  environmental  conservation
law.
  (10)  "Cryogenic liquid" which shall mean a refrigerated liquefied gas
having a boiling point colder than  minus  one  hundred  thirty  degrees
Fahrenheit (minus ninety degrees centigrade) at one atmosphere absolute;
  (11)  "Flammable  compressed  gas"  which  shall  mean any material or
mixture having in the container an  absolute  pressure  exceeding  forty
p.s.i.  at seventy degrees Fahrenheit, or, regardless of the pressure at
seventy degrees Fahrenheit, having an absolute  pressure  exceeding  one
hundred  four  p.s.i.  at  one hundred thirty degrees Fahrenheit, or any
liquid flammable material having a vapor pressure exceeding forty p.s.i.
absolute at one hundred degrees Fahrenheit as determined  by  ASTM  test
D-323, if any one of the following occurs:
  (i) either a mixture of thirteen percent or less, (by volume) with air
forms  a flammable mixture or the flammable range with air is wider than
twelve percent regardless of the lower  limit.  These  limits  shall  be
determined at atmospheric temperature and pressure;
  (ii) using the bureau of explosives, association of American railroads
flame projection apparatus, the flame projects more than eighteen inches
beyond  the ignition source with valve open fully, or, the flame flashes
back and burns at the valve with any degree of valve opening;
  (iii) using the bureau of explosives, association  of  American  rail-
roads open drum apparatus, there is any significant propagation of flame
away from the ignition source;
  (iv) using the bureau of explosives, association of American railroads
close drum apparatus, there is any explosion of the vapor-air mixture in
the drum; and
  (12)  Other  identical  or similar substances which shall from time to
time be identified by the commissioner of transportation  by  rules  and
regulations  promulgated  pursuant  to  this  section as being hazardous
materials, provided, however, that this section shall not apply  to  the
regular  military  or naval forces of the United States; nor to the duly
authorized militia of any state or territory thereof; nor to the  police
or  fire  departments  of this state, or of its counties, cities, towns,
villages, agencies or instrumentalities, providing the same  are  acting
within their official capacity and in the performance of their duties.
  Such rules and regulations shall be no less protective of public safe-
ty  than the rules and regulations promulgated by the federal government

S. 6258--A                         17                         A. 9058--A

with respect to the transportation of  hazardous  materials.  The  regu-
lations  shall set forth the criteria for identifying and listing, and a
list of hazardous materials subject to this section as may be amended by
the  commissioner  of  transportation  from  time  to  time  in a manner
consistent with the state administrative procedure  act  and  consistent
with  this  section.  Such  regulations shall include specifications for
marking and placarding of vehicles transporting hazardous  materials  as
will  be  applied pursuant to paragraph (a) of subdivision three of this
section. The regulations promulgated hereunder shall include notice that
a violation of the rules and regulations is subject to a fine or a peri-
od of imprisonment, and the rules and regulations shall  set  forth  the
penalty  provisions  contained  in  subdivision  four  of  this section.
Provided, however, that all local laws or ordinances,  except  those  of
cities having a population of one million or more, regulating the trans-
portation of flammable liquids in trucks, trailers or semi-trailers, are
hereby  superseded  and without force and hereafter no such local law or
ordinance shall be adopted to regulate or control the equipment or means
of transporting flammable liquids in trucks, trailers or semi-trailers.
  For the purposes of this section, a "vehicle" shall mean every  device
in which property may be transported upon a highway, stationary rails or
tracks, or on the navigable waterways of the state.]
  S  11.  Subdivision  3  of  section 14-g of the transportation law, as
amended by chapter 921 of the laws  of  1983,  is  amended  to  read  as
follows:
  3. For the purposes of this section, the term "intercity bus passenger
service"  shall  mean transportation provided to the public on a regular
and continuing basis by a person, firm,  or  corporation  authorized  to
transport  passengers in interstate commerce by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or in  intrastate
commerce  by  the  state  department of transportation that is primarily
intended to satisfy longer distance travel demand  between  cities,  and
villages  and  unincorporated urban places that have a population of two
thousand five hundred or more. Such term does not include services  that
are primarily local or commuter oriented in nature.
  S  12. Subdivisions 1-a, 1-b and 2 of section 18 of the transportation
law, as amended by chapter 199 of the laws of 1987, are amended to  read
as follows:
  1-a.  The  department of transportation is hereby designated the offi-
cial state agency to receive all notifications from the [federal  inter-
state commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or
any other federal or state agency in regard to discontinuance of service
or  railroad property abandonment proceedings, including notification of
applications from railroad companies for any such purposes.
  1-b. The department of transportation shall promptly inform in writing
all interested state agencies,  transportation  authorities,  and  every
county, city, town and village in which such property is located and the
appropriate  entity  designated  by the governor pursuant to title IV of
the  federal  intergovernmental  cooperation  act  of  nineteen  hundred
sixty-eight  and  the  federal  office of management and budget circular
A-98 of (a) the issuance of any certificate from the [federal interstate
commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or other
federal or state agency authorizing discontinuance of  railroad  service
or  abandonment  of  railroad  transportation  property, (b) approval of
discontinuance of service or a determination of abandonment of  railroad
transportation property pursuant to this section, and (c) the receipt of

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an  application  to release a preferential acquisition right to railroad
transportation property pursuant to this section.
  2.  For  the  purposes of this section, property shall be deemed to be
abandoned for railroad transportation purposes (a) when, where  required
by law, a certificate of abandonment of the railroad line situate there-
on has been issued by the [interstate commerce commission] UNITED STATES
DEPARTMENT  OF  TRANSPORTATION  and/or any other federal or state agency
having jurisdiction thereof; or (b) when such a certificate of  abandon-
ment is not so required and the use of such property for railroad trans-
portation  purposes has been discontinued with the intent not to resume.
Intent not to resume may be inferred from circumstances. Non-use of  the
property  for railroad transportation purposes for two consecutive years
shall create a presumption of abandonment.   When use of  such  property
for  railroad  transportation  purposes  has  been discontinued and upon
request of the property owner or his own motion, the commissioner  shall
undertake  an investigation thereof, which may include consultation with
the [interstate commerce commission] UNITED STATES DEPARTMENT OF  TRANS-
PORTATION, and shall render a determination as to whether or not (a) the
property  owner  has  definite  plans  for  the use of such property for
purposes ordinarily associated with the safe and normal operation  of  a
railroad  or  associated  transportation  purposes;  (b)  such  property
continues to be suitable for such railroad transportation purposes;  and
(c)  such  property is necessary, either presently or in the future, for
such railroad transportation purposes.  Such property shall be deemed to
be abandoned for railroad transportation purposes  if  the  commissioner
shall  determine  that  (a) the property owner has no definite plans for
the use of such property for purposes  ordinarily  associated  with  the
safe  and  normal  operation  of a railroad or associated transportation
purposes; or (b) such property is no longer suitable for  such  railroad
transportation  purposes; and (c) such property is not necessary, either
presently or in the future, for such railroad  transportation  purposes.
The  commissioner  shall  render  such  determination within ninety days
after the commencement of  such  investigation  and  such  determination
shall  be conclusive except that if the property is determined not to be
so abandoned such determination shall not preclude the undertaking of  a
subsequent  investigation  concerning  the same property. Sales of aban-
doned railroad transportation property for  continued  or  resumed  rail
transportation use may be exempted at the commissioner's discretion from
the  preferential  right of acquisition. This section shall not apply to
the subsequent resale of  property  lawfully  acquired  subject  to  the
provisions  of  this  section as then applicable, except when the subse-
quent sale involves property previously exempted from  this  section  by
the commissioner.
  S 13. Section 98 of the transportation law, as added by chapter 267 of
the laws of 1970, is amended to read as follows:
  S 98. Tariff  schedules;  publication. Every common carrier shall file
with the commissioner and shall print and keep open to public inspection
schedules showing the rates, fares and charges for the transportation of
passengers and property within the state between  each  point  upon  its
route  and  all  other  points  thereon; and between each point upon its
route and all points upon every route leased, operated or controlled  by
it;  and between each point on its route or upon any route leased, oper-
ated or controlled by it and all points upon  the  route  of  any  other
common  carrier, whenever a through route and joint rate shall have been
established or ordered between any two such points.  If  no  joint  rate
over  a through route has been established, the several carriers in such

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through route shall file, print and keep open to public  inspection,  as
aforesaid,  the  separately established rates, fares and charges applied
to the through transportation. The schedules printed as aforesaid  shall
plainly  state  the places between which property and passengers will be
carried, and shall also contain  the  classification  of  passengers  or
property in force, and shall also state separately all terminal charges,
storage  charges, icing charges, and all other charges which the commis-
sioner may require to be stated, all privileges or facilities granted or
allowed, and any rules or  regulations  which  may  in  anywise  change,
affect or determine any part, or the aggregate of, such aforesaid rates,
fares  and  charges, or the value of the service rendered to the passen-
ger, shipper or consignee. Such schedules shall be  plainly  printed  in
large type, and a copy thereof shall be kept by every such carrier read-
ily  accessible  to and for convenient inspection by the public in every
station or office of such  carrier  where  passengers  or  property  are
respectively received for transportation, when such station or office is
in  charge  of  an agent, and in every station or office of such carrier
where passenger tickets for transportation or tickets covering  sleeping
or  parlor  car or other train accommodation are sold or bills of lading
or receipts for property are issued. All or any of such  schedules  kept
as   aforesaid  shall  be  immediately  produced  by  such  carrier  for
inspection upon the demand of any person. A notice printed in bold  type
and  stating  that such schedules are on file with the agent and open to
inspection by any person and that the agent will assist any such  person
to  determine  from  such schedules any transportation rates or fares or
rules or regulations which are in force shall  be  kept  posted  by  the
carrier  in  two  public and conspicuous places in every such station or
office. The form of every such  schedule  shall  be  prescribed  by  the
commissioner and shall conform in the case of railroad company as nearly
as  may  be to the form of schedule required by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION under the act  of
congress  entitled  "An  act  to  regulate  commerce," approved February
fourth, eighteen hundred and eighty-seven and the acts amendatory there-
of and supplementary thereto. The commissioner shall  have  power,  from
time  to  time,  in  his discretion, to determine and prescribe by order
such changes in the form of such schedules as may  be  found  expedient,
and to modify the requirements of this section in respect to publishing,
posting  and  filing  of  schedules either in particular instances or by
general order applicable to special or peculiar circumstances or  condi-
tions.
  S  14.  Section 126 of the transportation law, as added by chapter 267
of the laws of 1970, is amended to read as follows:
  S 126. Uniform system of accounts; access  to  accounts;  forfeitures.
The commissioner may, whenever he deems advisable, establish a system of
accounts  to  be used by common carriers which are subject to his super-
vision, or may classify the said carriers  and  prescribe  a  system  of
accounts  for  each  class,  and  may prescribe the manner in which such
accounts shall be kept. He may also  in  his  discretion  prescribe  the
forms  of  accounts,  records and memoranda to be kept by such carriers,
including the accounts, records and memoranda of the movement of traffic
as well as the receipts and expenditures of  moneys.  Notice  of  alter-
ations  by  the commissioner in the required method or form of keeping a
system of accounts shall be given to such persons  or  carriers  by  the
commissioner at least six months before the same are to take effect. The
system  of  accounts  established  by  the commissioner and the forms of
accounts, records and memoranda prescribed  by  him  as  provided  above

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shall  conform  in the case of railroad companies as nearly as may be to
those from time to time established and prescribed  by  the  [interstate
commerce  commission]  UNITED  STATES DEPARTMENT OF TRANSPORTATION under
the  provisions  of  the  act  of  congress entitled "An act to regulate
commerce" approved February fourth, eighteen hundred  eighty-seven,  and
the  acts  amendatory thereof or supplementary thereto. The commissioner
shall at all times have access to all accounts,  records  and  memoranda
kept  by  common carriers and may designate any officers or employees of
the department who shall thereupon have authority under the order of the
commissioner to inspect and examine any and all  accounts,  records  and
memoranda  kept  by  such carriers. The commissioner may, after hearing,
prescribe by order the accounts in which particular outlays and receipts
shall be entered, charged or credited. At any such hearing the burden of
proof shall be on the common carrier to establish the correctness of the
accounts in which such outlays and receipts have been entered,  and  the
commissioner  may suspend a charge or credit pending submission of proof
by such carrier.  Where the commissioner has  prescribed  the  forms  of
accounts,  records and memoranda to be kept by such carriers it shall be
unlawful for them to keep any other accounts, records or memoranda  than
those  so  prescribed,  or those prescribed by or under authority of the
United States.
  S 15. Section 134 of the transportation law, as added by  chapter  267
of the laws of 1970, is amended to read as follows:
  S 134. Duties  of  commissioner  as to interstate traffic. The commis-
sioner may investigate interstate freight or passenger rates  or  inter-
state  freight  or  passenger service on railroads within the state, and
when such rates are, in the opinion of the  commissioner,  excessive  or
discriminatory or are levied or laid in violation of the act of congress
entitled  "An act to regulate commerce," approved February fourth, eigh-
teen hundred and eighty-seven,  and  the  acts  amendatory  thereof  and
supplementary  thereto, or in conflict with the rulings, orders or regu-
lations of the [interstate commerce commission] UNITED STATES DEPARTMENT
OF TRANSPORTATION, the commissioner may apply by petition to the [inter-
state commerce commission] UNITED STATES  DEPARTMENT  OF  TRANSPORTATION
for relief or may present to the [interstate commerce commission] UNITED
STATES  DEPARTMENT  OF TRANSPORTATION all facts coming to his knowledge,
as to violations of the rulings, orders, or regulations of that  commis-
sion  or  as  to violations of the said act to regulate commerce or acts
amendatory thereof or supplementary thereto.
  S 16. The opening paragraph of section 432 of the transportation  law,
as  amended by chapter 385 of the laws of 1994 and as further amended by
section 1 of part W of chapter 56 of the laws of  2010,  is  amended  to
read as follows:
  The  level  of  railroad  participation  in the program for the period
nineteen hundred eighty-seven through nineteen hundred ninety-one  shall
depend on the estimated tax abatement as computed by the commissioner of
taxation  and finance pursuant to either subdivision (c) of section four
hundred eighty-nine-j or subdivision (c) of section four hundred  eight-
y-nine-hh  of  the real property tax law. The nature of railroad partic-
ipation in the program, as set forth below, shall be based on the  rail-
road's economic or exemption factor under title two-A and title two-B of
article  four of the real property tax law, as applicable, and the rail-
road's size classification as determined  by  the  [interstate  commerce
commission]  UNITED  STATES DEPARTMENT OF TRANSPORTATION, based on rail-
road system gross revenues. Regardless of the  level  of  their  partic-
ipation,  all  railroads shall annually certify to the commissioner that

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to the best of their knowledge and belief such railroads are in substan-
tial compliance with the terms and conditions of any contracts they  may
have with the department.
  S  17.  The  opening paragraph of subdivision 1 of section 1690 of the
vehicle and traffic law, as amended by chapter 420 of the laws of  2001,
is amended to read as follows:
  Notwithstanding any other provision of law, where the trial of a traf-
fic  or  parking infraction is authorized or required to be tried before
the Nassau county district court, and such traffic and  parking  infrac-
tion does not constitute a misdemeanor, felony, violation of subdivision
one  of  section  eleven hundred ninety-two, subdivision five of section
eleven hundred ninety-two,  section  three  hundred  ninety-seven-a,  or
subdivision  (g)  of section eleven hundred eighty of this chapter, or a
violation of paragraph (b) of subdivision four of section fourteen-f  or
clause  (b)  of subparagraph (iii) of paragraph [d] C of subdivision two
of section one hundred forty of the transportation law, or  any  offense
that  is  part of the same criminal transaction, as that term is defined
in subdivision two of section 40.10 of the criminal  procedure  law,  as
such  a  misdemeanor,  felony,  violation  of subdivision one of section
eleven hundred ninety-two, subdivision two  of  section  eleven  hundred
ninety-two,  section  three hundred ninety-seven-a or subdivision (g) of
section eleven hundred eighty of this chapter, or a violation  of  para-
graph  (b)  of  subdivision  four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph d of  subdivision  two  of  section  one
hundred forty of the transportation law, the administrative judge of the
county  in which the trial court is located, may assign judicial hearing
officers to conduct such a trial. Such judicial hearing  officers  shall
be  village  court justices or retired judges either of which shall have
at least two years of experience conducting trials of traffic and  park-
ing  violations  cases  and  shall  be  admitted to practice law in this
state. Where such assignment is made, the judicial hearing officer shall
entertain the case in the same manner as a court and shall:
  S 18. Subdivision 2 of section 371 of the general  municipal  law,  as
amended  by  chapter  19  of  the  laws  of  2009, is amended to read as
follows:
  2. The Nassau county traffic and parking violations agency, as  estab-
lished,  may be authorized to assist the Nassau county district court in
the disposition and administration of infractions of traffic and parking
laws, ordinances, rules and regulations and the liability of owners  for
violations  of  subdivision  (d) of section eleven hundred eleven of the
vehicle and traffic  law  in  accordance  with  section  eleven  hundred
eleven-b  of  such law, except that such agency shall not have jurisdic-
tion over (a) the traffic infraction defined under  subdivision  one  of
section  eleven  hundred  ninety-two of the vehicle and traffic law; (b)
the traffic infraction defined under subdivision five of section  eleven
hundred  ninety-two  of  the  vehicle and traffic law; (c) the violation
defined under paragraph (b) of subdivision four of section fourteen-f of
the transportation law and the violation defined  under  clause  (b)  of
subparagraph  (iii) of paragraph [d] C of subdivision two of section one
hundred forty of the transportation  law;  (d)  the  traffic  infraction
defined  under  section  three hundred ninety-seven-a of the vehicle and
traffic law and the traffic infraction defined under subdivision (g)  of
section  eleven  hundred  eighty of the vehicle and traffic law; (e) any
misdemeanor or felony; or (f) any offense that is part of the same crim-
inal transaction, as that term is defined in subdivision two of  section
40.10  of  the criminal procedure law, as a violation of subdivision one

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of section eleven hundred ninety-two of the vehicle and traffic  law,  a
violation  of  subdivision  five of section eleven hundred ninety-two of
the vehicle and traffic law, a violation of paragraph (b) of subdivision
four  of  section  fourteen-f  of the transportation law, a violation of
clause (b) of subparagraph (iii) of paragraph d of  subdivision  two  of
section  one  hundred  forty  of  the transportation law, a violation of
section three hundred ninety-seven-a of the vehicle and traffic  law,  a
violation  of  subdivision  (g)  of section eleven hundred eighty of the
vehicle and traffic law or any misdemeanor or felony.
  S 19. Subdivision 1 of section 27-1321 of the environmental  conserva-
tion  law,  as  added  by chapter 915 of the laws of 1983, is amended to
read as follows:
  1. Notwithstanding any other provision of law  to  the  contrary,  any
person  who  is,  by professional training or experience and attainment,
qualified to analyze and interpret matters pertaining to the  treatment,
storage,  disposal,  or  transport  of  hazardous materials or hazardous
wastes, and who voluntarily and without expectation of monetary  compen-
sation  provides  assistance  or  advice in mitigating the effects of an
accidental or threatened discharge of any hazardous materials or hazard-
ous wastes, or in preventing, cleaning up,  or  disposing  of  any  such
discharge,  shall  not be subject to a penalty or to civil liability for
damages or injuries alleged to have been  sustained  by  any  person  or
entity  by reason of an act or omission in the giving of such assistance
or advice. For the purposes of this section, the term "hazardous materi-
als" shall have the same meaning [given] AS that  term  [in  subdivision
one  of]  IS  DEFINED  IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
TRANSPORTATION PURSUANT TO section fourteen-f of the transportation law,
and the term "hazardous wastes" shall mean those  wastes  identified  or
listed  pursuant  to  section  27-0903 of this article and any rules and
regulations promulgated thereunder.
  S 20. Subdivision 1 of section 156-a of the executive law, as  amended
by  section  1 of part D of chapter 1 of the laws of 2004, is amended to
read as follows:
  1. The state fire administrator shall[,  in  his  or  her  discretion,
consult  with the fire fighting and code enforcement personnel standards
and education commission established pursuant  to  section  one  hundred
fifty-nine-a  of  this  article,  to]  establish a specialized hazardous
materials emergency response training program for individuals  responsi-
ble  for  providing  emergency  response  recovery  following  incidents
involving hazardous materials as SUCH TERM  IS  defined  in  [accordance
with]  REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER OF TRANSPORTATION
PURSUANT TO section fourteen-f of the transportation law. The state fire
administrator shall inform all fire  companies,  municipal  corporations
and  districts, including agencies and departments thereof and all fire-
fighters, both paid and volunteer, and related  officers  and  employees
and  police  officers  of  the  implementation  and  availability of the
hazardous materials  emergency  response  training  program  and  shall,
subject  to  the availability of an appropriation, conduct such training
with sufficient frequency  to  assure  adequate  response  to  incidents
involving  hazardous  materials  and  protection  of  responders  in all
geographic areas of the state.
  S 21. This act shall take effect immediately; provided,  however  that
the  amendments to subdivision 2 of section 371 of the general municipal
law, made by section eighteen of this act shall not affect  the  expira-
tion of such section and shall be deemed to expire therewith.

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                                 PART H

  Section  1.  Subdivisions  1  and 2 of section 11-0515 of the environ-
mental conservation law, as amended by chapter 528 of the laws of  1986,
are amended to read as follows:
  1.  The  department may issue to any person a license revocable at its
pleasure to collect or possess fish, wildlife, shellfish, crustacea,  OR
aquatic  insects,  birds' nests or eggs for propagation, banding, scien-
tific or exhibition purposes.  The  department  in  its  discretion  may
require  an  applicant  to  pay a license fee of ten dollars, [to submit
written testimonials from two well-known persons] and to file a bond  of
two hundred dollars to be approved by the department that he OR SHE will
not  violate  any  provisions  of this article. Each licensee shall file
with the department [on or before February 1] a  report  [of  his  oper-
ations  during  the preceding calendar year] CONTAINING SUCH INFORMATION
AS THE DEPARTMENT MAY REQUIRE. Such license shall  be  [effective  until
revoked] IN FORCE FOR ONE YEAR ONLY AND SHALL NOT BE TRANSFERABLE.
  2.  The  department may also issue a license revocable at its pleasure
to possess and sell protected fish, wildlife,  shellfish,  crustacea  or
aquatic insects for propagation, scientific or exhibition purposes.  The
department  in  its discretion may require a license fee of ten dollars.
Such license shall be in force for one year only and shall not be trans-
ferable. Each licensee shall [make] FILE WITH THE  DEPARTMENT  a  report
[of  his  or her operations at the expiration of the license] CONTAINING
SUCH INFORMATION AS THE DEPARTMENT MAY REQUIRE. Fish, wildlife,  shellf-
ish,  crustacea or aquatic insects lawfully possessed under this section
may be sold at any time by the licensee for propagation,  scientific  or
exhibition purposes only.
  S  2.  Subdivision 1 of section 11-0521 of the environmental conserva-
tion law, as amended by chapter 600 of the laws of 1993, is  amended  to
read as follows:
  1.  The  department may direct any environmental conservation officer,
or issue a permit to any person, to take any wildlife at any time  when-
ever it becomes a nuisance, destructive to public or private property or
a threat to public health or welfare, provided, however, that where such
wildlife  is a bear, no such permit shall be issued except upon proof of
damage to such property or threat to public health or  safety  presented
to  the  department. Upon presentation of such proof, the department may
issue a permit authorizing the use of trained tracking dogs pursuant  to
section  11-0928  of this article, and, if the department has determined
that no other alternative is feasible, a separate  permit  to  take  the
bear.  Wildlife  so  taken  shall  be  disposed of as the department may
direct.  ANY PERSON, AGENCY, CORPORATION OR MUNICIPALITY WHO  OBTAINS  A
MIGRATORY BIRD DEPREDATION PERMIT OR ORDER ISSUED BY THE FEDERAL DEPART-
MENT  OF  THE INTERIOR PURSUANT TO 50 C.F.R. 13 AND 50 C.F.R. 21, AS MAY
BE AMENDED FROM TIME TO TIME, SHALL NOT BE REQUIRED TO OBTAIN  A  PERMIT
FROM THE DEPARTMENT TO CONDUCT THE AUTHORIZED ACTIVITIES.
  S  3.  Subdivisions  6  and  9 of section 11-0523 of the environmental
conservation law, subdivision 6 as added by chapter 911 of the  laws  of
1990  and  subdivision  9 as amended by chapter 114 of the laws of 1981,
are amended to read as follows:
  6. Raccoons, MUSKRATS, coyotes or fox injuring private property may be
taken by the owner, occupant or lessee thereof, or an employee or family
member of such owner, occupant or lessee, at any time in any manner.
  9. Varying hares, cottontail rabbits,  skunks,  black,  grey  and  fox
squirrels,  raccoons,  MUSKRATS,  opossums  or weasels taken pursuant to

S. 6258--A                         24                         A. 9058--A

this section in the closed season  or  in  a  manner  not  permitted  by
section 11-0901 shall be immediately buried or cremated. No person shall
possess or traffic in such skunks or raccoons or the pelts thereof or in
such varying hares or cottontail rabbits or the flesh thereof.
  S  4.  Subdivision 4 of section 11-0524 of the environmental conserva-
tion law, as added by chapter 265 of the laws of  2002,  is  amended  to
read as follows:
  4.  The  fee for a nuisance wildlife control operator license shall be
fifty dollars paid annually to be deposited  in  the  conservation  fund
established  pursuant  to section eighty-three of the state finance law,
PROVIDED, HOWEVER, THAT A MUNICIPALITY SHALL NOT BE SUBJECT TO THIS FEE.
  S 5. Subdivisions 3 and 4 of  section  11-0927  of  the  environmental
conservation law, are amended to read as follows:
  3. Wild game shall not be taken by shooting or otherwise killed in the
course  of  a field trial. Other game on which a field trial may be held
as provided in this section may be taken by shooting in the course of  a
field  trial, except a field trial held on a licensed dog training area,
provided a license for such shooting has been procured from the  depart-
ment. Game so taken shall be immediately [tagged for identification with
seals,  to  be supplied to the licensee] IDENTIFIED ON FORMS PROVIDED by
the department [at the price of five cents each, and  such  seals  shall
not be removed] until the game is finally prepared for consumption.
  4.  Game  so [tagged] IDENTIFIED may be possessed, transported, bought
and sold at any time, without limitation by section 11-0917.
  S 6. Subdivision 2 of section 11-0931 of the  environmental  conserva-
tion  law,  as amended by chapter 483 of the laws of 2010, is amended to
read as follows:
  2. No firearm or crossbow except a pistol or revolver shall be carried
or possessed in or on a motor vehicle  unless  it  is  unloaded,  for  a
firearm  in  both  the  chamber  and  the magazine, except that a loaded
firearm which may be legally used for taking migratory game birds may be
carried or possessed in a motorboat while being legally used in  hunting
migratory  game birds, and no person except a law enforcement officer in
the performance of his official duties shall, while in  or  on  a  motor
vehicle, use a jacklight, spotlight or other artificial light upon lands
inhabited  by  deer if he is in possession or is accompanied by a person
who is in possession, at the time of such use, of a longbow, crossbow or
a firearm of any kind except a pistol or revolver, unless  such  longbow
is  unstrung  or  such  firearm  or  crossbow  is taken down or securely
fastened in a case or locked in the trunk of the vehicle.  For  purposes
of  this  subdivision,  motor  vehicle shall mean every vehicle or other
device operated by any power other than muscle power,  and  which  shall
include  but  not  be limited to automobiles, trucks, motorcycles, trac-
tors, trailers and motorboats, snowmobiles  and  snowtravelers,  whether
operated  on  or  off public highways. Notwithstanding the provisions of
this subdivision, the department may issue a permit to any person who is
non-ambulatory, except with the use of a mechanized aid,  to  possess  a
loaded  firearm  in  or  on  a motor vehicle as defined in this section,
subject to such restrictions as the department may deem necessary in the
interest of public safety[, and for a fee of five dollars].  Nothing  in
this  section  permits the possession of a pistol or a revolver contrary
to the penal law.
  S 7. Subdivision 2 of section 11-0931 of the  environmental  conserva-
tion  law,  as amended by section 50 of part F of chapter 82 of the laws
of 2002, is amended to read as follows:

S. 6258--A                         25                         A. 9058--A

  2. No firearm  except  a  pistol  or  revolver  shall  be  carried  or
possessed  in  or  on  a motor vehicle unless it is unloaded in both the
chamber and the magazine, except that a  loaded  firearm  which  may  be
legally used for taking migratory game birds may be carried or possessed
in a motorboat while being legally used in hunting migratory game birds,
and no person except a law enforcement officer in the performance of his
official  duties shall, while in or on a motor vehicle, use a jacklight,
spotlight or other artificial light upon lands inhabited by deer  if  he
is  in possession or is accompanied by a person who is in possession, at
the time of such use, of a longbow, crossbow or a firearm  of  any  kind
except  a  pistol  or  revolver, unless such longbow is unstrung or such
firearm is taken down or securely fastened in a case or  locked  in  the
trunk  of  the  vehicle. For purposes of this subdivision, motor vehicle
shall mean every vehicle or other device operated  by  any  power  other
than muscle power, and which shall include but not be limited to automo-
biles,  trucks,  motorcycles, tractors, trailers and motorboats, snowmo-
biles and snowtravelers, whether operated on  or  off  public  highways.
Notwithstanding  the  provisions of this subdivision, the department may
issue a permit to any person who is non-ambulatory, except with the  use
of  a mechanized aid, to possess a loaded firearm in or on a motor vehi-
cle as defined in this section, subject  to  such  restrictions  as  the
department may deem necessary in the interest of public safety[, and for
a  fee  of five dollars]. Nothing in this section permits the possession
of a pistol or a revolver contrary to the penal law.
  S 8. Section 11-1003 of the environmental conservation law, as amended
by section 51 of part F of chapter 82 of the laws of 2002, is amended to
read as follows:
S 11-1003. Falconry license.
  Any resident of this state may  be  issued  a  falconry  license.  The
department  shall  prescribe  and furnish forms for application for such
license. The fee for  the  license  shall  be  [twenty]  FORTY  dollars.
Falconry  licenses shall expire on December 31 every [second] FIFTH year
and shall be renewable at the discretion of the department.  A  falconry
license  shall  authorize  the  licensee  to  obtain, buy, sell, barter,
possess and train raptors  for  falconry  and  to  engage  in  falconry,
provided  that  no  game  shall be taken or killed except during an open
season therefor, and further provided  that  such  licensee  shall  also
possess  a  license pursuant to this chapter which authorizes the holder
to hunt wildlife.   Any non-resident, who  legally  possesses  a  raptor
where  he or she resides and who may legally engage in falconry where he
or she resides, may engage in falconry in New York  without  a  falconry
license  provided  he  or  she  possesses  a  valid non-resident hunting
license.
  S 9. Section 11-1721 of the environmental conservation  law,  subdivi-
sion 2 as amended by chapter 528 of the laws of 1986, is amended to read
as follows:
S 11-1721. [Tagging] IDENTIFICATION of carcasses and parts thereof.
  1. The provisions of this section apply to carcasses and parts thereof
of
  a.  domestic  game  killed on the premises of the holder of a domestic
game bird breeder's license PURSUANT TO SECTION 11-1901 OF THIS ARTICLE,
domestic game animal breeder's license PURSUANT TO  SECTION  11-1905  OF
THIS ARTICLE or shooting preserve license PURSUANT TO SECTION 11-1903 OF
THIS ARTICLE;
  b. [domestic game raised outside the state on the premises of a holder
of a certificate under section 11-1715, subdivision 1;

S. 6258--A                         26                         A. 9058--A

  c. foreign game imported from outside the United States;
  d.  wild  deer (other than white-tailed deer), moose, elk, caribou and
antelope, coming from outside the state, imported  pursuant  to  section
11-1711;
  e.]  bear  possessed  under  license  pursuant  to  section 11-0515 or
outside the state under a license similar in principle  and  killed  for
food  purposes[,  and bought and sold for such purpose under permit from
the department pursuant to section 11-1713];
  [f.] C. trout, black bass, lake trout, landlocked salmon, muskellunge,
pike, pickerel and walleye taken from fishing preserve  waters  licensed
pursuant to section 11-1913.
  2.  All  such  [game] CARCASSES AND PARTS shall be [tagged] IDENTIFIED
with a [tag or seal, which shall  be  supplied]  FORM  PROVIDED  by  the
department  [for  a  fee  of five cents for each tag or seal. The tag or
seal shall be affixed to each game bird, and in the case of foreign game
shall be affixed to the breast skin, and to the flesh  of  each  quarter
and  loin  of  other game, and shall remain so affixed until the game is
finally prepared for consumption.  Trout, black bass, lake trout,  land-
locked  salmon, muskellunge, pike, pickerel and walleye taken from fish-
ing preserve waters licensed pursuant to section 11-1913 shall be tagged
as prescribed by the department, with a seal, which shall be supplied by
the department for a fee of five cents for each seal].
  3. [Domestic game killed in this state] CARCASSES AND PARTS shall  not
be  possessed  unless  [tagged]  ACCOMPANIED  BY  A FORM PROVIDED BY THE
DEPARTMENT as required by this  section.  [Foreign  game  imported  from
outside the United States and domestic and wild game coming from outside
the  state  shall be tagged before it is brought into the state or imme-
diately upon its receipt within this state by the consignee.
  4. No person shall counterfeit any seal or tag issued by  the  depart-
ment.  No  person  shall  attach  such  a  tag to game which is not game
described in subdivision 1, nor attach to any game described in subdivi-
sion 1 a tag or seal other than  the  tag  or  seal  prescribed  by  the
department for the tagging of such game.]
  S 10. Section 11-1723 of the environmental conservation law is amended
to read as follows:
S 11-1723. Sale of game and trout; transportation within the state.
  1.  a.  Except  as provided in paragraph b, game and trout required by
section 11-1721 to be  [tagged,  when  so  tagged]  IDENTIFIED,  may  be
possessed, bought and sold, and subject to section 11-1725 may be trans-
ported within and from within to without the state by any means.
  b.  No domestic duck, goose, brant or swan killed by shooting shall be
bought or sold unless marked [by having had the hind toe  of  the  right
foot removed as provided in subdivision 5 of section 11-1901] IN ACCORD-
ANCE WITH REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY
THE  DEPARTMENT  OF  THE  INTERIOR  PURSUANT  TO  50 C.F.R. 21 AS MAY BE
AMENDED FROM TIME TO TIME.
  2. No person shall sell or offer for  sale  any  such  game  or  trout
unless it is so [tagged] IDENTIFIED.
  S 11. Section 11-1725 of the environmental conservation law is amended
to read as follows:
S 11-1725. Shipment by carriers.
  1.  Carriers may receive, and may transport, within and from within to
without the state, carcasses and parts thereof  of  game,  described  in
subdivision 1 of section 11-1721[, tagged] AND IDENTIFIED as provided in
that section, when they are also labeled as provided in this section.

S. 6258--A                         27                         A. 9058--A

  2.  a. When received in this state by a carrier, or transported within
or from within to without the state by a carrier, every shipment of game
required by section 11-1721 to be [tagged] IDENTIFIED, shall  also  have
attached  a  card  or  label  with the following data plainly printed or
written  thereon: names and addresses of consignor and consignee, number
and kind of carcasses or parts thereof[, and that the same  is  (as  the
case  may  be)  domestic  game,  imported foreign game, or game imported
under permit (in the case of game imported pursuant to  section  11-1711
or 11-1713)].
  b. If the consignor is the person who holds the game breeder's license
or shooting preserve license[, or the certificate under section 11-1715,
or  the  permit under section 11-1711 or 11-1713,] by authority of which
such game (other than imported foreign game) is saleable, or if the game
is imported foreign game shipped by a licensed game dealer, the card  or
label  shall  also  state  the  name  and  address of the holder of such
license, [certificate or permit] and the number of the license[, certif-
icate or permit].
  3. No carrier or employee thereof shall, while engaged in  such  busi-
ness,  transport  as  owner  any  fish or game not lawfully saleable. No
carrier or employee thereof shall knowingly receive or possess any  fish
or game, whether packed or unpacked, for shipment for any person, unless
(a)  if it is game or trout described in section 11-1721, it is [tagged]
IDENTIFIED as required by that section, and (b) in any  case,  it  bears
the  tag,  card,  IDENTIFICATION or label required by this section or by
sections 11-0911, 11-0917, 11-1319 or 11-1913.
  S 12. Subdivisions 1, 5 and 8 of section 11-1901 of the  environmental
conservation  law,  paragraphs  a  and  b of subdivision 1 as amended by
chapter 528 of the laws of 1986, are amended to read as follows:
  1. The department may, in its discretion, issue to an owner or  lessee
of  wholly  enclosed  lands,  or  an entire island, a domestic game bird
breeder's license permitting him to possess and propagate  such  species
of  domestic game birds as, in its opinion, he has facilities for propa-
gating on the licensed premises. The license shall expire  on  March  31
[in  each]  EVERY FIFTH year. The department shall prescribe and furnish
forms for application for such license.  Applicants  shall  pay  to  the
department,  and  the  department  shall  be  entitled  to receive, fees
according to the type of license so issued as follows:
  a. Class A license, [fifty] TWO HUNDRED dollars.  This  license  shall
allow  the holder thereof to purchase, possess, propagate, transport and
sell domestic game birds, dead or alive, and their eggs.
  b. Class B license, [ten] FORTY dollars. This license shall allow  the
holder  thereof  to  purchase, possess and propagate domestic game birds
for his own use. Birds may be killed for food or released  to  the  wild
for  restocking.  No  live birds or their eggs or carcasses may be sold,
exchanged or given away.
  5. Each such domestic duck, goose, brant and  swan  [before  attaining
the  age  of  four weeks] shall be marked [by having the hind toe of the
right foot removed, and no such duck, goose, brant or  swan,  over  four
weeks  of age, may be possessed or sold without such mark] IN ACCORDANCE
WITH REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY  THE
DEPARTMENT  OF  THE  INTERIOR PURSUANT TO 50 C.F.R. 21 AS MAY BE AMENDED
FROM TIME TO TIME. Birds so marked, which have escaped,  may  be  recap-
tured  by  the  licensee.  [Other  such  domestic  game birds which have
escaped may be recaptured by the licensee provided they  are  marked  as
prescribed  in  the  rules  and  regulations of the department.] Escaped
birds may be recaptured only on the premises of the licensee.  [However,

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removal  of  the  hind  toe  of the right foot shall not be required for
captive geese, brant and swans, which were adult birds on March 1,  1967
and  previously  had  been marked with a V-shaped mark on the web of one
foot.]
  8.  [a. The department shall supply tags, for which the licensee shall
pay a fee of five cents each, which shall be affixed to the carcass of a
domestic game bird and remain so  affixed  until  the  bird  is  finally
prepared  for  consumption.  No  domestic  game  bird so killed shall be
possessed without such tag, and only an authorized person shall have  in
his possession such tags.
  b.  Notwithstanding  any provision in this section to the contrary, no
untagged carcass may be removed from the premises except carcasses which
are removed for the purpose of processing.  When  transporting  untagged
carcasses  for  such processing, the bearer must have a statement signed
by the licensee stating the number of carcasses  being  transported  and
the  name and address of the processor. The bearer must also have in his
possession tags equal  in  number  to  the  carcasses  transported.  The
processor  or  bearer,  after  picking and dressing the carcasses, shall
affix the tags, furnished by the licensee, to each carcass.
  c. The licensee shall keep records of the number of tags used, and  no
tags  shall  be removed from the licensed premises except as provided in
this subdivision. If a game bird breeder's license is not renewed on its
expiration date, all unused tags and inventory shall be returned to  the
nearest  regional office of the department not later than ten days after
the expiration date of the license. There shall be no  refund  of  money
for such returned tags, which shall be immediately invalidated.
  d.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements  of  section  11-1721.  Carcasses  of
domestic  game  birds,  tagged  as  provided in this subdivision, may be
possessed, bought, sold, offered for sale and transported, to the extent
permitted by sections 11-1719 and 11-1723.] DOMESTIC GAME BIRD CARCASSES
AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
ARTICLE.
  S  13. Subdivisions 2, 4 and 6 of section 11-1903 of the environmental
conservation law are REPEALED and subdivisions 1, 3, 7,  and  10,  para-
graph  c of subdivision 1 as amended by chapter 528 of the laws of 1986,
subdivision 3 as amended by chapter 465 of the laws of 1976,  and  para-
graph  d  of subdivision 7 as amended by chapter 37 of the laws of 1978,
are amended to read as follows:
  1. The department may, in its discretion, issue to an owner or  lessee
of wholly enclosed lands or an entire island a shooting preserve license
permitting  him  OR HER to purchase, possess, rear and transport, and to
release and take  by  shooting  therein,  domestic  game  birds  legally
possessed or acquired. No birds may be held for propagation after [March
31]  APRIL  15  unless the owner or lessee also has a domestic game bird
breeder's license as provided for in section 11-1901.  In  the  case  of
leased  lands,  the  applicant shall furnish with his OR HER application
evidence of a written lease executed by each lessor covering  the  prem-
ises  to  be  licensed.  The  license shall expire on [March 31 in each]
APRIL 15 EVERY FIFTH year. The department shall  prescribe  and  furnish
forms  for  application for such license.  Applicants shall pay, and the
department shall be entitled to receive, fees according to the  type  of
license issued as follows:
  a.  Class  A  license,  [fifty] TWO HUNDRED dollars [for the first one
hundred acres and five dollars for each additional one hundred acres  or
portion  thereof  comprising the premises described in the application].

S. 6258--A                         29                         A. 9058--A

This license shall allow the holder thereof to operate a commercial CLUB
OR MEMBERSHIP shooting preserve WITH A MINIMUM OF ONE HUNDRED ACRES  and
charge a daily fee for hunting or charge a fee for each bird killed or a
combination  thereof. Birds may be killed by the licensee for his OR HER
own use and may be sold dead or alive.
  b. [Class B license, twenty-five dollars for  the  first  one  hundred
acres  and  two  dollars and fifty cents for each additional one hundred
acres or portion thereof comprising the premises described in the appli-
cation. This license shall allow the holder thereof to operate a nonpro-
fit shooting  preserve  or  a  nonprofit  club  or  membership  shooting
preserve  with use limited to members and guests. Birds may be killed by
the licensee for his own use but  no  live  birds,  or  their  eggs,  or
carcasses  may  be  sold  unless  the licensee holds a Class A game bird
breeder's license.
  c.] Class [C] B license, [fifteen] SIXTY dollars [for  the  first  one
hundred  acres  and two dollars for each additional one hundred acres or
portion thereof comprising the premises described in  the  application].
This  license  shall  allow  the  holder  thereof  to operate a shooting
preserve with use restricted to the licensee,  his  OR  HER  family  and
invitees,  provided  no fees are charged for the privilege of hunting or
for birds shot. Birds may be killed by the licensee for his OR  HER  own
use  but  no  live birds, or their eggs, or carcasses may be sold unless
the licensee holds a Class A game bird breeder's license.
  3. The department may revoke the license of any licensee convicted  of
a  violation  of  this section, and no license shall be issued to him OR
HER for the ensuing two years. The licensee,  unless  he  OR  SHE  shall
waive such right, shall have an opportunity to be heard. Notice of hear-
ing shall be given by mailing the same in writing to the licensee at the
address  contained in his OR HER license. Attendance of witnesses may be
compelled by subpoena.  Revocation shall be deemed an administrative act
reviewable by the supreme court as such.
  7. Domestic game birds may not be killed, by shooting, on the premises
specified in the application for the license, except under the following
conditions:
  a. Birds [must be at least fourteen weeks of  age  before  liberation.
Ducks,  geese,  brant and swans] shall be marked [by having had the hind
toe of the right foot removed, except] as provided in subdivision  5  of
section  11-1901[,  and  no  such  duck, goose, brant or swan, over four
weeks of age, may be possessed, sold or killed by shooting without  such
mark].  Birds  so  marked,  which have escaped, may be recaptured by the
licensee. [Other such domestic game birds  which  have  escaped  may  be
recaptured by the licensee provided they are marked as prescribed in the
rules  and  regulations  of the department.] Escaped birds may be recap-
tured only on the premises of the licensee.
  [b. Before any shooting of domestic  game  birds  may  be  done  on  a
licensed  shooting  preserve  the licensee must advise the department in
writing of the numbers of each species of domestic  game  birds  reared,
purchased  or otherwise acquired for liberation, and request and receive
in writing a shooting authorization which shall  state  the  numbers  of
each  species  of game bird that may be taken by shooting. The number of
birds authorized to be taken by shooting shall not be less  than  eighty
per cent of the number liberated.
  Shooting authorization shall be based on the actual number of birds on
hand  or  on contract at the time of application for such authorization.
If birds are purchased, the applicant  shall  submit  one  copy  of  the
contract agreement signed by the purchaser and seller on forms furnished

S. 6258--A                         30                         A. 9058--A

by  the  department.  The  contract  shall  state  the name, address and
license number of the party from whom purchased as well as  the  numbers
of birds purchased and the dates of delivery.
  c.]  B. Ducks, geese, brant and swans liberated under this section may
be taken only under rules and regulations  made  by  the  department  OR
ADOPTED BY THE FEDERAL DEPARTMENT OF THE INTERIOR.
  [d]  C.  On the premises described in the application for the license,
the licensee may kill domestic game birds by shooting from  September  1
through  [March  31] APRIL 15 and in any manner, other than by shooting,
at any time, or any person may take domestic game birds by shooting from
September 1 through [March 31] APRIL 15 with the consent of  the  licen-
see. [When an investigation made by the department in the month of March
of  any  year  reveals  that during the current shooting preserve season
reasonable opportunities were not  afforded  to  harvest  domestic  game
birds  in  any  area  or  areas of the state because of abnormal weather
conditions, the department shall have  power  to  extend  by  order  the
shooting  preserve  season  in  such  area  or areas for a period not to
exceed 15 days.]
  10. a. [The department shall supply tags, for which the licensee shall
pay a fee of five cents each, which shall be  affixed  to  the  carcass]
CARCASSES  AND  PARTS  of  [a] domestic game [bird and remain so affixed
until the bird is finally  prepared  for  consumption]  BIRDS  SHALL  BE
ACCOMPANIED  BY  A  FORM  PROVIDED BY THE DEPARTMENT PURSUANT TO SECTION
11-1721 OF THIS ARTICLE.   No domestic game birds  so  killed  shall  be
possessed  OR  TRANSPORTED  without such [tag] FORM.  Only an authorized
person as provided in the rules and regulations of the department  shall
have in his OR HER possession such [tags] FORM.
  b.  [Notwithstanding any provision in this section to the contrary, no
untagged carcass may be removed from the premises except carcasses which
are removed for processing. When  transporting  untagged  carcasses  for
processing,  the  bearer  must  have  a statement signed by the licensee
stating the number of carcasses transported and the name and address  of
the processor. The bearer must also have in his possession tags equal in
number  to  the  carcasses  transported.  The processor or bearer, after
picking and dressing the carcasses, shall affix the tags,  furnished  by
the licensee, to each carcass.
  c.  The  licensee  shall keep records of the number of tags used. If a
shooting preserve license is not renewed on  its  expiration  date,  all
unused  tags  on  inventory  shall  be  returned to the nearest regional
office of the department not later than ten days  after  the  expiration
date of the license. There shall be no refund of money for such returned
tags, which shall be immediately invalidated.
  d.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements  of  section  11-1721.  Carcasses  of
domestic  game  birds,  tagged  as  provided in this subdivision, may be
possessed and transported by all licensees under this section, and  they
may  be  bought,  sold  and  offered for sale to the extent permitted by
sections 11-1719 and 11-1723, except that no domestic duck, goose, brant
or swan shall be bought, sold or killed by  shooting  unless  marked  as
provided  in subdivision 7 of this section] DOMESTIC GAME BIRD CARCASSES
AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
ARTICLE.
  S  14.  Subdivisions  1  and 6 of section 11-1905 of the environmental
conservation law, the opening paragraph of subdivision 1 as  amended  by
chapter  41  of the laws of 1973, paragraphs a and b of subdivision 1 as

S. 6258--A                         31                         A. 9058--A

amended by chapter 528 of the laws of  1986,  are  amended  to  read  as
follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands or an entire  island  a  domestic  game  animal
breeder's  license permitting him to possess and propagate domestic game
animals provided such animals are confined and cared  for  according  to
specifications  and  regulations  which  the department, by order, shall
adopt. The license shall expire on March 31 [of each] EVERY FIFTH  year.
The  department  shall  prescribe  and furnish forms for application for
such license. Applicants shall pay, and the department shall be entitled
to receive, fees in accordance with the type of license issued.
  a. Class A license, [fifty] TWO HUNDRED dollars.  This  license  shall
allow  the holder thereof to purchase, possess, propagate, transport and
sell domestic game animals dead or alive.
  b. Class B license, [ten] FORTY dollars. This license shall allow  the
holder  thereof to purchase, possess and propagate domestic game animals
for his own use. No animals may be sold, exchanged or given away  except
that  portions  of the carcass may be given away provided they are pack-
aged and the package bears the name and license number of the licensee.
  6. [a. The department shall supply tags  for  Class  A  licenses,  for
which the licensees shall pay five cents each, which shall be affixed to
each quarter and loin of each carcass of domestic game animals killed by
Class  A  licensees  and  remain  so  affixed  until the game is finally
prepared for consumption. No domestic game animal  so  killed,  nor  any
portion of the carcass thereof, shall be possessed without such tag, and
no person shall sell such quarter or loin without such tag attached.
  b.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements of section 11-1721. Loins or quarters
of domestic game animals, killed by Class  A  licensees  and  tagged  as
provided in this subdivision, may be possessed, bought, sold and offered
for sale, and transported as provided in section 11-1723 and may be sold
and  offered  for  sale  by  the  holder of a Class A license under this
section without the  game  dealer's  license  provided  for  in  section
11-1719.]  DOMESTIC  GAME ANIMAL CARCASSES AND PARTS SHALL BE IDENTIFIED
AS REQUIRED BY SECTION 11-1721 OF THIS ARTICLE.
  S 15. Section 11-1907 of the environmental conservation law is amended
by adding a new subdivision 3 to read as follows:
  3. ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE DEPARTMENT  SHALL
NOT ISSUE ANY NEW LICENSES PURSUANT TO THIS SECTION.
  S 16. Subparagraph 4 of paragraph b of subdivision 2 and subdivision 6
of section 11-1913 of the environmental conservation law, paragraph a of
subdivision 6 as amended by chapter 528 of the laws of 1986, are amended
to read as follows:
  (4)  specify the manner of [tagging] IDENTIFICATION OF fish taken from
the licensed waters, and
  6. a. All trout, black bass, lake trout,  landlocked  salmon,  muskel-
lunge,  pike,  pickerel  and  walleye  taken  from  the licensed fishing
preserve waters, shall  be  immediately  [tagged]  IDENTIFIED  ON  FORMS
PROVIDED  BY  THE DEPARTMENT as prescribed in the license or by order of
the department. [Such tags shall be furnished by the department and sold
to the licensee at the cost of five cents per tag.]
  b. The [tag so affixed] IDENTIFICATION  FORM  shall  [not  be  removed
from] ACCOMPANY the fish until the same is finally prepared for consump-
tion.
  c.  No  fish, required to be [tagged] IDENTIFIED as specified in para-
graph a of this subdivision, taken pursuant to  this  section  shall  be

S. 6258--A                         32                         A. 9058--A

possessed  off  the  premises of the fishing preserve without such [tag]
IDENTIFICATION FORM, and no person shall sell  such  fish  without  such
[tag  attached,  except for scientific, exhibition or stocking purposes]
IDENTIFICATION FORM.
  d.  Fish  taken from such fishing preserves and [tagged] IDENTIFIED as
provided in this subdivision, may be possessed, bought, sold and offered
for sale, and transported without restriction. Fish raised or  possessed
under  license  issued  under  this  section may be sold at any time for
scientific, exhibition, propagation or stocking purposes.
  S 17. Subdivision 14 of section 13-0309 of the environmental conserva-
tion law, as amended by section 1 of part A of chapter 59 of the laws of
2006, is amended to read as follows:
  14. The department, until April  first,  two  thousand  [ten]  SIXTEEN
shall  be entitled to collect fifteen cents per bushel of surf clams and
ten cents per bushel of ocean quahogs taken from all certified waters to
be deposited in the  surf  clam/ocean  quahog  account  as  provided  in
section eighty-three of the state finance law.
  S  18. Subdivision 3 of section 11-0103 of the environmental conserva-
tion law, as added by chapter 664 of the laws of  1972,  is  amended  to
read as follows:
  3.  "Wild  game"  means  all  game,  except (a) domestic game bird and
domestic game animal as defined  in  subdivision  4;  (b)  carcasses  of
foreign  game  as  defined in section 11-1717, imported from outside the
United States [and tagged as provided  in  section  11-1721];  (c)  game
propagated  or  kept  alive in captivity as provided in section 11-1907;
(d) game imported alive pursuant to license of the department, or  arti-
ficially  propagated,  until  such  game  is  liberated; and (e) game so
imported or propagated when liberated for the purpose of a  field  trial
and taken during the field trial for which it was liberated.
  S  19. Subdivision 2 of section 11-1717 of the environmental conserva-
tion law, as added by chapter 664 of the laws of  1972,  is  amended  to
read as follows:
  2.  The  carcasses,  or  parts  thereof, of foreign game imported from
outside the United States  may  be  bought  and  sold  [when  tagged  as
required  in  section  11-1721,  subject  to  the  provisions of section
11-1719 with respect to dealers' licenses].
  S 20. This act shall take effect immediately, except that if this  act
shall  have  become  a law on or after April 1, 2012 this act shall take
effect immediately and shall be deemed to have been in  full  force  and
effect  on  and  after  April  1,  2012; provided that the amendments to
subdivision 2 of section 11-0931 of the environmental  conservation  law
made  by  section six of this act shall be subject to the expiration and
reversion of such subdivision pursuant to chapter 483  of  the  laws  of
2010, as amended, when upon such date the provisions of section seven of
this act shall take effect.

                                 PART I

  Section  1. Section 2 of the public service law is amended by adding a
new subdivision 28 to read as follows:
  28. THE TERM "VOICE-OVER-INTERNET PROTOCOL SERVICE" OR "VOIP  SERVICE"
WHEN  USED  IN  THIS  CHAPTER,  SHALL MEAN ANY SERVICE THAT: (A) ENABLES
REAL-TIME TWO-WAY VOICE COMMUNICATIONS THAT ORIGINATE FROM OR  TERMINATE
TO  THE  USER'S LOCATION USING INTERNET PROTOCOL OR ANY SUCCESSOR PROTO-
COL; (B) USES A BROADBAND CONNECTION FROM THE USER'S LOCATION;  AND  (C)
PERMITS  USERS  GENERALLY  TO RECEIVE CALLS THAT ORIGINATE ON THE PUBLIC

S. 6258--A                         33                         A. 9058--A

SWITCHED TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE PUBLIC SWITCHED
TELEPHONE NETWORK.
  S  2.  Paragraph d of subdivision 1 of section 5 of the public service
law, as amended by chapter 155 of the laws of 1970, is amended  to  read
as follows:
  d. To every telephone line which lies wholly within the state and that
part  within  the  state  of New York of every telephone line which lies
partly within and partly without the state and to the persons or  corpo-
rations  owning, leasing or operating any such telephone line.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE COMMIS-
SION, THE DEPARTMENT OF PUBLIC SERVICE,  NOR  ANY  OTHER  DEPARTMENT  OR
AGENCY  OF  THIS STATE, OR ANY POLITICAL SUBDIVISION THEREOF, SHALL HAVE
AUTHORITY TO REGULATE THE ENTRY, RATES OR  OTHER  TERMS  OF  SERVICE  OF
VOICE-OVER-INTERNET  PROTOCOL SERVICE.   PROVIDED, HOWEVER, THAT NOTHING
IN THIS PARAGRAPH SHALL AFFECT THE AUTHORITY OF THE STATE OR  ITS  AGEN-
CIES  TO  ENFORCE  SUCH REQUIREMENTS AS ARE OTHERWISE EXPRESSLY PROVIDED
FOR BY FEDERAL LAW, INCLUDING, BUT NOT LIMITED  TO,  CONNECTION  TO  911
FACILITIES,  THE  COLLECTION  OF  ENHANCED  911 FEES, TELECOMMUNICATIONS
RELAY  SERVICE  FEES,  OR  FEDERAL  UNIVERSAL  SERVICE  FUND   FEES   ON
VOICE-OVER-INTERNET  PROTOCOL  SERVICES THAT MAY BE DETERMINED TO APPLY,
OR BE CONSTRUED TO (1) MODIFY  OR  AFFECT  THE  RIGHTS,  OBLIGATIONS  OR
AUTHORITY OF ANY ENTITY, INCLUDING BUT NOT LIMITED TO THE PUBLIC SERVICE
COMMISSION,  TO  ACT PURSUANT TO, OR ENFORCE THE PROVISIONS OF 47 U.S.C.
251, 47 U.S.C. 252, ANY APPLICABLE TARIFF, OR ANY STATE LAW, RULE, REGU-
LATION OR ORDER RELATED TO WHOLESALE  RIGHTS,  DUTIES  AND  OBLIGATIONS,
INCLUDING THE RIGHTS, DUTIES, AND OBLIGATIONS OF LOCAL EXCHANGE CARRIERS
TO  INTERCONNECT  AND  EXCHANGE  VOICE TRAFFIC; (2) MODIFY OR AFFECT THE
AUTHORITY OF THE PUBLIC SERVICE COMMISSION TO IMPLEMENT, CARRY OUT,  AND
ENFORCE  SUCH  PROVISIONS, RIGHTS, DUTIES, OBLIGATIONS OR TARIFF THROUGH
ARBITRATION PROCEEDINGS OR OTHER AVAILABLE MECHANISMS AND PROCEDURES; OR
(3) AFFECT THE PAYMENT OF SWITCHED NETWORK ACCESS RATES OR OTHER  INTER-
CARRIER  COMPENSATION  RATES,  AS  APPLICABLE.   NOTHING HEREIN SHALL BE
CONSTRUED TO AFFECT THE APPLICATION OR ENFORCEMENT OF OTHER STATUTES  OR
REGULATIONS  THAT  APPLY  GENERALLY  TO  THE  CONDUCT OF BUSINESS IN THE
STATE, INCLUDING CONSUMER PROTECTION, TAXATION OR  UNFAIR  OR  DECEPTIVE
TRADE PRACTICES RULES OF GENERAL APPLICABILITY.
  S 3. Subdivision 1 of section 90 of the public service law, as amended
by chapter 414 of the laws of 1981, is amended to read as follows:
  1.  [The]  EXCEPT  AS  PROVIDED  IN  PARAGRAPH D OF SUBDIVISION ONE OF
SECTION FIVE OF THIS CHAPTER, THE provisions of this article shall apply
to communication by telegraph or telephone between one point and another
within the state of New York and  to  every  telegraph  corporation  and
telephone corporation.
  S 4. This act shall take effect immediately.

                                 PART J

  Section  1.  Paragraph  f  of  subdivision 1 of section 72-0402 of the
environmental conservation law, as added by chapter 99 of  the  laws  of
2010, is amended to read as follows:
  f.  In any case where a generator EITHER (I) recycles more than ninety
percent of the [amount] TOTAL TONS of hazardous waste or more than nine-
ty percent of the [amount] TOTAL TONS of hazardous wastewater  WHICH  it
[produces  in  any] GENERATED DURING THAT calendar year, as certified to
the commissioner, [upon which a fee is imposed pursuant to this section,
any such fee imposed or to be imposed in such  case]  OR  (II)  RECYCLES

S. 6258--A                         34                         A. 9058--A

MORE  THAN FOUR THOUSAND TONS OF HAZARDOUS WASTE OR MORE THAN FOUR THOU-
SAND TONS OF HAZARDOUS WASTEWATER WHICH IT GENERATED  IN  THAT  CALENDAR
YEAR, AS CERTIFIED TO THE COMMISSIONER, THE FEE IMPOSED PURSUANT TO THIS
SECTION  shall be [determined] CALCULATED AND IMPOSED based upon the net
amount of hazardous waste or THE  NET  AMOUNT  OF  hazardous  wastewater
generated[,  as  applicable,  which] THAT is not [so] recycled in [such]
THAT calendar year, rather than  upon  the  gross  [amount]  AMOUNTS  of
hazardous waste [or] AND hazardous wastewater generated in such calendar
year.
  S 2. This act shall take effect immediately and shall apply to hazard-
ous  waste  program  fee bills issued by the department of environmental
conservation after January 1, 2012  for  hazardous  waste  or  hazardous
wastewater generated during calendar year 2011 or later.

                                 PART K

  Section  1.  Subdivisions 2 and 4 of section 97-1 of the state finance
law, as added by chapter 565 of the law of 1989, are amended to read  as
follows:
  2.  The  sewage  treatment  program management and administration fund
[shall] MAY consist of (a) all moneys transferred to the state from  the
water  pollution  control  revolving  fund  pursuant  to  section twelve
hundred eighty-five-j of the  public  authorities  law,  (b)  all  OR  A
PORTION  OF  moneys made available to New York state for the purposes of
administering and managing  financial  assistance  provided  to  munici-
palities from the water pollution control revolving fund pursuant to the
Federal  Water  Pollution Control Act, and (c) all other moneys credited
or transferred thereto from any other fund or source  pursuant  to  law.
Notwithstanding  the  foregoing, no money reserved for planning pursuant
to section six hundred four (b) of the Federal Water  Pollution  Control
Act  shall  be  deposited in the sewage treatment program management and
administration fund.
  4. Moneys in such fund, following appropriation  by  the  legislature,
[shall]  MAY be used, for the purpose of paying all costs of the depart-
ment of environmental conservation  and  New  York  state  environmental
facilities  corporation  for management and administration of the sewage
treatment program established by section 17-1909  of  the  environmental
conservation  law  and  of  the  water  pollution control revolving fund
established by  section  twelve  hundred  eighty-five-j  of  the  public
authorities law.
  S  2. Subdivisions 2 and 4 of section 97-ddd of the state finance law,
as added by chapter 432 of the laws of 1997,  are  amended  to  read  as
follows:
  2.  The  drinking  water  program  management  and administration fund
[shall] MAY consist of (a) all moneys transferred to the state from  the
drinking  water revolving fund pursuant to section twelve hundred eight-
y-five-m of the public authorities law, (b) all OR A PORTION  OF  moneys
made  available  to  New  York  state  for purposes of administering and
managing financial assistance provided to recipients from  the  drinking
water  revolving  fund  pursuant to the Federal Safe Drinking Water Act,
and (c) all other moneys credited or transferred thereto from any  other
fund or source pursuant to law.
  4.  Moneys  in  the  fund, following appropriation by the legislature,
[shall] MAY be used, for the purpose of paying all costs of the  depart-
ment  of  health and New York state environmental facilities corporation
for management and administration of the drinking water  program  estab-

S. 6258--A                         35                         A. 9058--A

lished  by  title four of article eleven of the public health law and of
the drinking water revolving fund established by section twelve  hundred
eighty-five-m of the public authorities law.
  S  3. Subdivisions 5 and 7 of section 1285-j of the public authorities
law, subdivision 5 as amended by chapter 134 of the  laws  of  2007  and
subdivision  7  as added by chapter 565 of the laws of 1989, are amended
to read as follows:
  5. The corporation [shall] MAY make payments to the  sewage  treatment
program  management  and administration fund in accordance with subdivi-
sion seven of this section to reimburse such fund for expenditures  made
pursuant  to  appropriation  to  pay the cost of the corporation and the
department of environmental conservation for administering and  managing
the  water  pollution  control  revolving  fund  program  established in
section ninety-seven-l of the state finance law, for  such  costs.  Such
reimbursement  shall  be  made from (a) available investment earnings on
all amounts in the water pollution control revolving fund excluding  all
amounts in the fund which are the subject of allocations or other finan-
cial  assistance  to  a  municipality;  and (b) payments received from a
municipality for such purpose pursuant to a project financing  agreement
or  loan  agreement; and (c) if the sources of revenue described in this
paragraph and paragraphs (a) and (b) of  this  subdivision  are  or  are
anticipated  to  be  insufficient,  then  from  the  proceeds of federal
capitalization grants, awards or assistance appropriated to the fund for
administration and management of such program.
  Notwithstanding the foregoing, if the sources of revenues described in
paragraphs (a), (b) and (c) of this subdivision are at any time insuffi-
cient to make a reimbursement to the state pursuant to this  subdivision
when  due,  the corporation shall make such reimbursement from any other
available amounts in the water pollution control revolving fund, exclud-
ing all amounts that are the subject of allocations, provided, that  the
amounts  paid from fund sources other than those described in paragraphs
(a), (b) and (c) of this subdivision shall be reimbursed upon a determi-
nation by the director of the budget that future revenues obtained  from
sources described in paragraphs (a), (b) and (c) of this subdivision are
in excess of the amounts reasonably needed to make future reimbursements
pursuant to this subdivision.
  7.  The  corporation  [shall]  MAY  transfer  to  the sewage treatment
program management  and  administration  fund  established  pursuant  to
section  ninety-seven-l of the state finance law no less frequently than
semi-monthly amounts from the fund sufficient to  reimburse  the  sewage
treatment  program management and administration fund in accordance with
the provisions of subdivision five of this section.
  S 4. Subdivision 7 of section 1285-m of the public authorities law, as
added by chapter 413 of the laws of 1996, is amended to read as follows:
  7. The corporation [shall] MAY transfer to the state on such  schedule
as the corporation and the department of health shall agree amounts from
the  fund  to  reimburse  the state in accordance with the provisions of
subdivision five of this section.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART L

  Section 1. Section 140 of the agriculture and markets law, as added by
chapter 631 of the laws of 1955, subdivision 1 as amended by chapter 592
of the laws of 2003, is amended to read as follows:

S. 6258--A                         36                         A. 9058--A

  S 140. Samples;  publication  of results of tests. 1. The commissioner
or his or her duly authorized  representatives  shall  take  samples  of
seeds  [and  submit  them to the director of the New York state agricul-
tural experiment station] for examination, analysis, and testing BY  THE
DEPARTMENT. THE COMMISSIONER MAY CONTRACT WITH A QUALIFIED LABORATORY TO
PERFORM SUCH EXAMINATION, ANALYSIS, AND TESTING. When the analysis of an
official  sample  indicates that seed is mislabeled, the results of such
analysis shall be provided to the person responsible for the labeling of
the seed and, upon that person's request, made within  fifteen  days  of
his  or  her  receipt  of  said  results, the commissioner or his or her
authorized agent shall furnish such person with a portion of the  sample
taken.
  2. [The director of the New York state agricultural experiment station
shall  examine,  analyze,  or test, or cause to be examined, analyzed or
tested such samples of seeds taken under the provisions of this  article
as  shall  be submitted to him for that purpose by the commissioner, and
shall report the results of such analysis, examination,  or  testing  to
the  commissioner.  For  this  purpose  the  New York state agricultural
experiment station may establish and maintain trial grounds and  a  seed
laboratory  with  the  necessary  equipment,  and may employ experts and
incur such expense as may be necessary to comply with  the  requirements
of this article.
  3.]  From  time  to  time  the [New York state agricultural experiment
station, in cooperation with the] department of agriculture and markets,
shall make public the results of  examinations,  analyses,  trials,  and
tests  of  any  sample  or samples so procured, together with such addi-
tional information as  circumstances  advise.  These  published  results
shall be the property of the state of New York and shall not be used for
advertising or regulatory purposes by any person or agency, governmental
or otherwise without requested and granted permission of the commission-
er [of agriculture and markets].
  S  2.    Section 140-a of the agriculture and markets law, as added by
chapter 631 of the laws of 1955, is amended to read as follows:
  S 140-a. Provision for seed tests.  Any citizen of  this  state  shall
have  the  privilege  of  submitting to the [New York state agricultural
experiment station] DEPARTMENT samples of seeds for [test]  TESTING  and
analysis subject to [such rules and regulations as may be adopted by the
director  of said experiment station and approved by Cornell university]
PAYMENT OF A FEE TO THE COMMISSIONER THAT SHALL, AT A MINIMUM, COVER THE
FULL COSTS OF THE SERVICES PROVIDED. ALL MONIES RECEIVED BY THE  COMMIS-
SIONER  PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN AN ACCOUNT WITHIN
THE MISCELLANEOUS SPECIAL RECEIVE FUND AND SHALL BE USED TO  DEFRAY  THE
EXPENSES  INCIDENTAL  TO  CARRYING  OUT  THE SERVICES AUTHORIZED BY THIS
SECTION.
  S 3. This act shall take effect immediately.

                                 PART M

  Section 1. Subdivision 25-c of  section  16  of  the  agriculture  and
markets  law,  as added by section 1 of part H of chapter 59 of the laws
of 2006, is amended to read as follows:
  25-c. The commissioner may enter into a contract or cooperative agree-
ment under which [laboratory] services, INCLUDING, BUT NOT  LIMITED  TO,
LABORATORY SERVICES AND SERVICES RELATING TO FOOD SAFETY AND INSPECTION,
ANIMAL  HEALTH,  INVASIVE SPECIES CONTROL, THE COLLECTION OF SAMPLES FOR
RESEARCH STUDIES AND SIMILAR SERVICES RELATING TO THE DUTIES AND RESPON-

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SIBILITIES of the department may be made available  to  federal,  state,
local,  and  educational  entities when, in the commissioner's judgment,
such contract or cooperative agreement shall be in the  public  interest
and  shall  not adversely affect the department's obligations under this
chapter. Such contracts or cooperative agreements shall require  payment
by  contractors  and cooperators of, at a minimum, the full costs of the
services provided.  All moneys received by the commissioner pursuant  to
such  contracts  and  agreements shall be deposited in an account within
the miscellaneous special revenue fund and shall be used to  defray  the
expenses  incidental  to  carrying  out  the services authorized by this
subdivision.
  S 2. This act shall take effect immediately.

                                 PART N

  Section 1. Section 251-z-3 of the  agriculture  and  markets  law,  as
amended  by  chapter  307  of  the laws of 2004, the second undesignated
paragraph as amended by section 2 of part II of chapter 59 of  the  laws
of 2009, is amended to read as follows:
  S  251-z-3. Licenses; fees. No person shall maintain or operate a food
processing establishment unless licensed biennially by the commissioner.
Application for a license to operate  a  food  processing  establishment
shall be made, upon a form prescribed by the commissioner[, on or before
the  fifteenth  of  the month preceding the applicable license period as
herein prescribed. The license period shall begin February fifteenth for
applicants who apply for a license between February  fifteenth  and  May
fourteenth, May fifteenth for applicants who apply for a license between
May fifteenth and August fourteenth, August fifteenth for applicants who
apply  for  a  license between August fifteenth and November fourteenth,
and November fifteenth for applicants who apply for  a  license  between
November  fifteenth and February fourteenth]. RENEWAL APPLICATIONS SHALL
BE SUBMITTED TO THE COMMISSIONER AT  LEAST  THIRTY  DAYS  PRIOR  TO  THE
COMMENCEMENT OF THE NEXT LICENSE PERIOD.
  The  applicant  shall  furnish  evidence of his or her good character,
experience and competency, that the establishment has  adequate  facili-
ties and equipment for the business to be conducted, that the establish-
ment  is  such  that  the cleanliness of the premises can be maintained,
that the product produced therein will not become  adulterated  and,  if
the applicant is a retail food store, that the applicant has an individ-
ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to  the  applicant,  upon  payment  of  the  license fee of four hundred
dollars,  a  license  to  operate  the  food  processing   establishment
described  in  the  application.  However, the license fee shall be nine
hundred dollars for a food processing establishment  determined  by  the
commissioner,  pursuant to duly promulgated regulations, to require more
intensive regulatory  oversight  due  to  the  volume  of  the  products
produced,  the  potentially  hazardous nature of the product produced or
the multiple number of processing operations conducted in the establish-
ment. The license application for retail food stores shall  be  accompa-
nied  by  documentation  in  a  form  approved by the commissioner which
demonstrates that the food safety education program requirement has been
met. The license shall take effect on the date of issuance and  continue
[until  the  last day of the applicable license period set forth in this
section] FOR TWO YEARS FROM SUCH DATE.

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  [Notwithstanding any other provision  of  law  to  the  contrary,  the
commissioner  is  hereby  authorized  and  directed to deposit all money
received pursuant to this section in an account within the miscellaneous
special revenue fund.]
  S 2. Subdivision 4 of section 128-a of the agriculture and markets law
is  REPEALED and subdivisions 5, 6, 7, 8, 9 and 10 are renumbered subdi-
visions 4, 5, 6, 7, 8 and 9.
  S 3. Subdivision 3 of section 133-a of the agriculture and markets law
is REPEALED.
  S 4. Section 90-b of the state finance law is REPEALED.
  S 5. This act shall take effect immediately.

                                 PART O

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to receive for deposit to the  credit  of
the  general  fund  the amount of up to $913,000 from the New York state
energy research and development authority.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART P

  Section  1.  Expenditures  of  moneys appropriated in a chapter of the
laws of 2012 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue funds - other/state operations, miscellaneous special revenue fund  -
339,  energy  research and planning account, and special revenue funds -
other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy research and planning account shall be subject to the  provisions  of
this  section.  Notwithstanding  the  provisions  of  subdivision 4-a of
section 18-a of the public service law, all moneys committed or expended
shall be reimbursed by assessment against gas corporations and  electric
corporations  as defined in section 2 of the public service law, and the
total amount which may be charged to any gas corporation and  any  elec-
tric  corporation  shall not exceed one cent per one thousand cubic feet
of gas sold and .010 cent per kilowatt-hour of electricity sold by  such
corporations  in  their  intrastate  utility operations in calendar year
2010. Such  amounts  shall  be  excluded  from  the  general  assessment
provisions  of  subdivision 2 of section 18-a of the public service law,
but shall be billed and paid in the manner set forth in such subdivision
and upon receipt shall be paid to the state comptroller for  deposit  in
the state treasury for credit to the miscellaneous special revenue fund.
The  director  of  the  budget shall not issue a certificate of approval
with respect to the commitment and expenditure of moneys  hereby  appro-
priated  until the chair of such authority shall have submitted, and the
director of the budget shall have approved,  a  comprehensive  financial
plan  encompassing  all  moneys available to and all anticipated commit-
ments and expenditures by such authority from any source for  the  oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART Q

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  Section 1. Paragraphs (c) and (d) of subdivision 3  of  section  5  of
chapter  35  of the laws of 1979, relating to appropriating funds to the
New York state urban development corporation  for  the  acquisition  and
initial  planning  of convention and exhibition center facilities in New
York  county,  as  amended by chapter 3 of the laws of 2004, are amended
and a new paragraph (e) is added to read as follows:
  (c) Enter into such other agreements with the city, the state, the New
York state urban development  corporation,  the  operating  corporation,
Triborough  bridge  and tunnel authority and the state of New York mort-
gage agency as the parties thereto deem appropriate  to  effectuate  the
provisions  of this act, and to effectuate the expansion project and any
convention center hotel and the financing thereof pursuant to the  chap-
ter of the laws of 2004 which amended this paragraph; [and]
  (d)  If  the subsidiary enters into an agreement with the metropolitan
transportation authority for the acquisition of the Quill building, then
any and all proceeds shall be applied to and used for  the  metropolitan
transportation authority's capital plan[.]; AND
  (E)  SELL, GRANT OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY
OWNED BY THE NEW YORK CONVENTION CENTER DEVELOPMENT CORPORATION  INCLUD-
ING,  WITHOUT  LIMITATION, THE PROPERTIES IN THE BOROUGH OF MANHATTAN IN
THE CITY OF NEW YORK, LOCATED BETWEEN 11TH AND  12TH  AVENUES  AND  33RD
STREET AND 34TH STREET AND BETWEEN 35TH STREET AND 36TH STREET ALONG THE
EASTERN  BORDER  OF  11TH  AVENUE,  THAT  IS  DETERMINED BY THE NEW YORK
CONVENTION CENTER DEVELOPMENT CORPORATION  TO  BE  UNNECESSARY  FOR  THE
OPERATION OF THE CONVENTION CENTER, THE EXPANSION PROJECT OR ANY CONVEN-
TION  CENTER HOTEL, SUBJECT TO ANY OBLIGATIONS SET FORTH IN ANY APPLICA-
BLE BOND RESOLUTION OR CREDIT SUPPORT AGREEMENT AND SUBJECT TO THE PRIOR
APPROVAL OF THE DIRECTOR OF THE BUDGET, PROVIDED THAT ANY PROCEEDS  FROM
THE DISPOSITION OF THE PROPERTY SHALL BE TRANSFERRED TO THE STATE TREAS-
URY TO THE CREDIT OF THE GENERAL FUND.
  S 2. This act shall take effect immediately.

                                 PART R

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to  make  loans,  as
amended  by  section  1  of part G of chapter 60 of the laws of 2011, is
amended to read as follows:
  S 2. This act shall take effect immediately [provided,  however,  that
section  one of this act shall expire on July 1, 2012, at which time the
provisions of subdivision 26 of section 5 of the New  York  state  urban
development corporation act shall be deemed repealed; provided, however,
that  neither  the  expiration  nor  the  repeal  of such subdivision as
provided for herein shall be deemed to affect or impair  in  any  manner
any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal].
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART S

  Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968, constituting the New York state  urban  development
corporation act, is REPEALED.

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  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009.

                                 PART T

  Section 1. Subdivisions 27, 28, 29 and 30 of section 5 of section 1 of
chapter  174  of the laws of 1968, constituting the New York state urban
development corporation act, subdivisions 28 and  29  as  renumbered  by
chapter  686 of the laws of 1986, are renumbered subdivisions 28, 29, 30
and 31 and a new subdivision 27 is added to read as follows:
  (27) TO MAKE GRANTS USING FUNDS FROM ANY  SOURCE  ON  SUCH  TERMS  AND
CONDITIONS  AS THE CORPORATION MAY DEEM ADVISABLE, IN FURTHERANCE OF THE
LEGISLATIVE FINDINGS AND PURPOSES OF THIS ACT, TO ANY PERSON OR  ENTITY,
WHETHER  PUBLIC OR PRIVATE, PROVIDED THAT SUCH GRANTS ARE MADE OR ISSUED
IN COMPLIANCE WITH GUIDELINES ESTABLISHED BY THE CORPORATION.
  S 2. This act shall take effect immediately.

                                 PART U

  Section 1. Subdivision 1 of section 218 of the state finance  law,  as
amended  by  chapter  424  of  the  laws  of 2009, is amended to read as
follows:
  1. Linked loans made to certified businesses in  empire  zones  or  to
eligible businesses in highly distressed areas or to eligible businesses
that are defined in paragraph (b-1) of subdivision eleven of section two
hundred thirteen of this article that are located in a renewal community
or defined in paragraph (b-2) of such subdivision that are located in an
empowerment  zone or defined in paragraph (b-3) of such subdivision that
are located  in  an  enterprise  community,  respectively  for  eligible
projects  defined  in paragraph (c) of subdivision twelve of section two
hundred thirteen of this article or to minority- or women-owned business
enterprises for an eligible project defined in paragraph (e) of subdivi-
sion twelve of section two hundred thirteen of  this  article  or  to  a
defense  industry manufacturer for a project defined in paragraph (d) of
subdivision twelve of section two hundred thirteen of this article OR TO
AN ELIGIBLE BUSINESS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ELEVEN  OF
SECTION  TWO  HUNDRED  THIRTEEN  OF  THIS ARTICLE THAT PRODUCES PRODUCTS
DEFINED IN SUBDIVISION TWO OF SECTION THREE HUNDRED ONE OF THE  AGRICUL-
TURE AND MARKETS LAW FOR AN ELIGIBLE PROJECT AS DEFINED IN PARAGRAPH (B)
OF  SUBDIVISION  TWELVE  OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE
shall bear interest at a fixed rate equal  to  three  percentage  points
below the fixed interest rate the lender would have charged for the loan
in  the  absence of a linked deposit based on its usual credit consider-
ations.  All other linked loans shall bear  interest  at  a  fixed  rate
equal  to two percentage points below the fixed interest rate the lender
would have charged for the loan in the absence of a linked deposit based
on its usual credit considerations. Lenders shall certify to the commis-
sioner of economic development that the rate to be charged on  a  linked
loan  is  two  percentage points or three percentage points, as the case
may be, below the interest rate the lender would have  charged  for  the
loan in the absence of a linked deposit.
  S 2.  Paragraph (a) of subdivision 11 and paragraph (b) of subdivision
12  of  section 213 of the state finance law, as added by chapter 705 of
the laws of 1993, are amended to read as follows:
  (a) a manufacturing firm OR AGRICULTURAL BUSINESS which  employs  five
hundred or fewer employees within the state on a full-time basis; or

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  (b)  for manufacturing, AGRICULTURAL and service firms, projects which
involve the preparation of strategic plans  for  improving  productivity
and  competitiveness;  the  introduction  of  modern equipment and/or an
expansion of facilities as part of a modernization plan;  the  introduc-
tion  of  advanced  technologies  to  improve  productivity and quality;
improvements in production processes and operations, INCLUDING  AGRICUL-
TURAL  OPERATIONS;  introduction  of computerized information, reporting
and control systems; reorganization or improvement of work place systems
and  the  introduction  of  total  quality  and  employee  participation
programs;  development  and introduction of new products; identification
and development of new markets, including entry  into  foreign  markets;
financial  restructuring  for  purposes of enabling modernization activ-
ities; buyouts of viable companies by employees or local owners residing
in the state; and the provision of working capital for other  moderniza-
tion  activities  that will improve the competitiveness and productivity
of a firm and result in the creation or retention of jobs; or
  S 3. This act shall take effect immediately.

                                 PART V

  Section 1. Notwithstanding any other law, rule or  regulation  to  the
contrary,  expenses of the department of health public service education
program incurred pursuant to appropriations from  the  cable  television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART W

  Section 1. Subdivision 10 of section 89-h of the general business law,
as amended by chapter 699 of the laws of 2004, is  amended  to  read  as
follows:
  10.  Fees: pay (a) a fee of [thirty-six] SEVENTY-TWO dollars for proc-
essing of the application, investigation of the applicant  and  for  the
initial  [biennial]  FOUR  YEAR  registration period. Such fees shall be
deposited to the credit of the business and licensing  services  account
established  pursuant to the provisions of section ninety-seven-y of the
state finance law; and (b) a fee  pursuant  to  subdivision  eight-a  of
section  eight hundred thirty-seven of the executive law, and amendments
thereto, for the cost of the division's full search  and  retain  proce-
dures,  and  a  fee as determined by the federal bureau of investigation
for the cost of its fingerprint search procedures, which fees  shall  be
remitted  by the department to the division and federal bureau of inves-
tigation; and
  S 2. Subdivision 1 of section 89-m of the  general  business  law,  as
added by chapter 336 of the laws of 1992, is amended to read as follows:
  1.  Registration  cards shall expire [two] FOUR years from the date of
issuance or last renewal as the case may be. Not  less  than  sixty  nor
more  than  ninety  days  prior to the expiration date of a registration
card, the department shall mail to each registrant  at  his  last  known
address, notice of renewal and a registration renewal form. Registration
cards  shall  not  be  renewed  unless not more than sixty nor less than
thirty days prior to the expiration date of the registration  card,  the
holder  submits  to the department, a registration renewal form sworn to
or affirmed by the holder under the penalty of perjury together  with  a

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[biennial]  renewal  fee  in  the  amount of [twenty-five] FIFTY dollars
payable to the department and a certificate certifying that  the  holder
has  satisfactorily  completed  the  required annual in-service training
courses as prescribed by the commissioner pursuant to subdivision one of
section  eight  hundred  forty-one-c  of  the  executive law. Unless the
department determines the existence  of  facts  which  would  constitute
cause  for  denial,  revocation  or  suspension of the registration card
pursuant to this article, it shall renew the registration  card.  Denial
of renewal hereunder shall be reviewable by an administrative hearing as
set  forth  in  section  seventy-nine of this chapter. The [twenty-five]
FIFTY dollar [biennial] renewal fee collected by the department shall be
deposited to the licensing  examinations  services  account  established
pursuant  to  the  provisions of section 97-aa of the state finance law.
Notice that a registration card has expired  or  has  not  been  renewed
pursuant  to  this section shall be given by the secretary to the holder
of such registration card and to the security  guard  company  by  which
such holder was employed at the time of such expiration or non-renewal.
  S  3.  Subdivision 2 and paragraph (a) of subdivision 3 of section 441
of the real property law, subdivision 2 as amended by chapter 81 of  the
laws  of  1995  and paragraph (a) of subdivision 3 as amended by chapter
474 of the laws of 2007, are amended to read as follows:
  2. Renewals. Any license granted under the  provision  hereof  may  be
renewed by the department upon application therefor by the holder there-
of,  in  such form as the department may prescribe and conforming to the
requirements of section  3-503  of  the  general  obligations  law,  and
payment  of the fee for such license. In case of application for renewal
of license, the department may dispense with  the  requirement  of  such
statements  as  it  deems  unnecessary in view of those contained in the
original application for license but may not dispense with the  require-
ments  of section 3-503 of the general obligations law. A renewal period
within the meaning of this act is considered as being a period of  [two]
FOUR  years  from the date of expiration of a previously issued license.
The department shall require any  applicant,  who  does  not  apply  for
renewal of license within such period, to qualify by passing the written
examination as provided herein, and may require any licensee who has not
yet  passed  the written examination, and who cannot reasonably prove to
the satisfaction of the department, that  he  can  meet  the  competency
requirements,  to  pass  the  written  examination  before  a renewal of
license shall be granted; provided, however, that a person who failed or
was unable to renew his license by reason of his induction or enlistment
in the armed forces of the United States shall not be required  to  take
or pass such examination.
  (a) No renewal license shall be issued any licensee under this article
for  any  license  period  commencing  [November first, nineteen hundred
ninety-five] APRIL FIRST, TWO THOUSAND SEVENTEEN  unless  such  licensee
shall  have within the [two] FOUR year period immediately preceding such
renewal attended at least [twenty-two  and  one-half]  FORTY-FIVE  hours
which shall include at least [three] SIX hours of instruction pertaining
to  fair  housing  and/or  discrimination  in the sale or rental of real
property or an interest in real property and  successfully  completed  a
continuing  education  real  estate  course  or  courses approved by the
secretary of state as to method, content and supervision, which approval
may be withdrawn if in the opinion of the secretary of state such course
or courses are not being conducted properly as to  method,  content  and
supervision.    APPLICANTS WITH A LICENSE EXPIRING PRIOR TO APRIL FIRST,
TWO THOUSAND FIFTEEN, SHALL HAVE WITHIN THE TWO YEAR PERIOD  IMMEDIATELY

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PRECEDING  SUCH  RENEWAL ATTENDED AT LEAST TWENTY-TWO AND ONE-HALF HOURS
WHICH SHALL INCLUDE AT LEAST THREE HOURS OF  INSTRUCTION  PERTAINING  TO
FAIR HOUSING AND/OR DISCRIMINATION IN THE SALE OR RENTAL OF REAL PROPER-
TY OR AN INTEREST IN REAL PROPERTY AND SUCCESSFULLY COMPLETED A CONTINU-
ING EDUCATION REAL ESTATE COURSE OR COURSES APPROVED BY THE SECRETARY OF
STATE AS TO METHOD, CONTENT AND SUPERVISION, WHICH APPROVAL MAY BE WITH-
DRAWN IF IN THE OPINION OF THE SECRETARY OF STATE SUCH COURSE OR COURSES
ARE  NOT BEING CONDUCTED PROPERLY AS TO METHOD, CONTENT AND SUPERVISION.
The licensee shall provide an affidavit, in a  form  acceptable  to  the
department of state, establishing the nature of the continuing education
acquired and shall provide such further proof as required by the depart-
ment  of  state. The provisions of this paragraph shall not apply to any
licensed real estate broker who is engaged full time in the real  estate
business  and  who  has  been  licensed under this article prior to July
first, two thousand eight for at least fifteen consecutive  years  imme-
diately preceding such renewal.
  S  4.  Subdivisions 2 and 7 of section 441-a of the real property law,
subdivision 2 as amended by chapter 324 of the laws of 1998 and subdivi-
sion 7 as amended by chapter 497 of the laws of  1985,  are  amended  to
read as follows:
  2.  Terms.  A  license issued or reissued under the provisions of this
article shall entitle  the  person,  co-partnership,  limited  liability
company or corporation to act as a real estate broker, or, if the appli-
cation  is for a real estate salesman's license, to act as a real estate
salesman in this state [up to and  including  the  thirty-first  day  of
October  of  the  year  in which the license by its terms expires] FOR A
PERIOD OF FOUR YEARS FOLLOWING THE ISSUANCE OF SAID LICENSE.
  7. License term. From and after the date when this  subdivision  shall
take  effect,  the  term for which a license shall be issued or reissued
under this article shall be a period of [two] FOUR years.
  S 5. Subdivision 1 of section 441-b  of  the  real  property  law,  as
amended  by  chapter  324  of  the  laws  of 1998, is amended to read as
follows:
  1. The fee for a license issued or reissued under  the  provisions  of
this  article  entitling  a  person,  co-partnership,  limited liability
company or corporation to act as a real  estate  broker  shall  be  [one
hundred  fifty]  THREE  HUNDRED dollars. The fee for a license issued or
reissued under the provisions of this article entitling a person to  act
as  a  real  estate  salesman  shall  be  [fifty]  ONE  HUNDRED dollars.
Notwithstanding the provisions of  subdivision  seven  of  section  four
hundred  forty-one-a  of  this  article,  after  January first, nineteen
hundred eighty-six, the secretary of state shall assign staggered  expi-
ration  dates for outstanding licenses that have been previously renewed
on October thirty-first of each  year  from  the  assigned  date  unless
renewed.  [If  the  assigned date results in a term that exceeds twenty-
four months, the applicant shall pay an additional  prorated  adjustment
together  with  the  regular  renewal fee.] The secretary of state shall
assign dates to existing licenses in a manner which shall  result  in  a
term of not less than [two] FOUR years.
  S  6.  This act shall take effect immediately; provided, however, that
sections three, four and five of this act shall  take  effect  April  1,
2013.

                                 PART X

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  Section  1.  Subdivision  3  of section 235 of the racing, pari-mutuel
wagering and breeding law is renumbered subdivision 4 and a new subdivi-
sion 3 is added to read as follows:
  3.  THE  RULES  SHALL  PROVIDE  THAT ALL WINNING CASH VOUCHERS MUST BE
PRESENTED FOR PAYMENT BEFORE APRIL FIRST OF THE YEAR FOLLOWING THE  YEAR
OF  THEIR  PURCHASE  AND  FAILURE TO PRESENT ANY SUCH VOUCHER WITHIN THE
PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE A  WAIVER  OF  THE  RIGHT  TO
PARTICIPATE  IN  THE AWARD OR DIVIDEND. THE FUNDS RECEIVED FROM UNCASHED
VOUCHERS SHALL BE PAID TO  THE  RACING  REGULATION  ACCOUNT  ESTABLISHED
PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
  S  2. Paragraph c of subdivision 2 of section 301 of the racing, pari-
mutuel wagering and breeding law, as relettered by chapter  211  of  the
laws  of  1999, is relettered paragraph d and a new paragraph c is added
to read as follows:
  C. THE RULES OF THE BOARD SHALL PROVIDE THAT ALL WINNING CASH VOUCHERS
MUST BE PRESENTED FOR PAYMENT BEFORE APRIL FIRST OF THE  YEAR  FOLLOWING
THE YEAR OF THEIR PURCHASE AND FAILURE TO PRESENT ANY SUCH VOUCHER WITH-
IN  THE PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE A WAIVER OF THE RIGHT
TO PARTICIPATE IN  THE  AWARD  OR  DIVIDEND.  THE  FUNDS  RECEIVED  FROM
UNCASHED  VOUCHERS SHALL BE PAID TO THE RACING REGULATION ACCOUNT ESTAB-
LISHED PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
  S 3. Subdivision 2 of section 401 of the racing, pari-mutuel  wagering
and breeding law is amended to read as follows:
  2.  Without  limiting the generality of the foregoing, and in addition
to its other powers:
  a. [The state racing and wagering board shall have power to fix  mini-
mum  and maximum charges for admission to quarter horse race meetings at
which pari-mutuel betting is conducted provided, however, that the state
racing and wagering board shall have power to fix the charge for  admis-
sion  of  members of the armed forces of the United States in uniform at
one-half of the amount fixed for such admission generally under authori-
ty of this section.
  b.] The state racing and wagering  board  shall  prescribe  rules  and
regulations  for effectually preventing the use of improper devices, the
administration of drugs or stimulants or other  improper  acts  for  the
purpose  of  affecting  the speed of quarter horses in any race in which
they are about to participate.
  [c.] B. The rules of the board shall also  provide  that  all  winning
pari-mutuel  tickets must be presented for payment before April first of
the year following the year of their purchase and failure to present any
such ticket within the prescribed period  of  time  shall  constitute  a
waiver of the right to participate in the award or dividend.
  C.  THE  RULES  OF  THE BOARD SHALL ALSO PROVIDE THAT ALL WINNING CASH
VOUCHERS MUST BE PRESENTED FOR PAYMENT BEFORE APRIL FIRST  OF  THE  YEAR
FOLLOWING  THE  YEAR  OF  THEIR PURCHASE AND FAILURE TO PRESENT ANY SUCH
VOUCHER WITHIN THE PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE  A  WAIVER
OF THE RIGHT TO PARTICIPATE IN THE AWARD OR DIVIDEND. THE FUNDS RECEIVED
FROM  UNCASHED  VOUCHERS  SHALL BE PAID TO THE RACING REGULATION ACCOUNT
ESTABLISHED PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
  d. The board shall have power in its discretion, consistent  with  the
powers  of  the  state  tax  commission, to prescribe uniform methods of
keeping accounts, records and books to be observed  by  associations  or
corporations  licensed  under  the  provisions of this article or by any
association or corporation  which  owns  stock  in,  or  shares  in  the
profits,  or participates in the management or affairs of, such licensed
association or corporation, or  by  any  person,  firm,  association  or

S. 6258--A                         45                         A. 9058--A

corporation  holding  any  concession, right or privilege to perform any
service or sell any article at any track at  which  pari-mutuel  quarter
horse  racing meets are conducted. The board may also in its discretion,
consistent  with  the  powers  of the state tax commission, prescribe by
order forms of accounts, records  and  memoranda  to  be  kept  by  such
persons, firms, associations or corporations. The board shall have power
to  visit,  investigate,  and  place  expert  accountants, or such other
persons as it may deem necessary, in the offices, tracks or other places
of business of any such person, firm, association or corporation for the
purpose of seeing that the provisions of sections two hundred twenty-two
through seven hundred five of this chapter  and  rules  and  regulations
issued by the board thereunder are strictly complied with. Such persons,
firms,  associations or corporations shall annually file with the board,
on such date as the board shall prescribe, a report showing their finan-
cial condition  and  financial  transactions  during  the  fiscal  year,
including  a  balance sheet and a profit and loss statement, verified by
the oath of at least two of its principal officers, if it be an  associ-
ation  or  corporation having officers, and by one or more of the owners
or proprietors thereof if not an association or corporation. The  report
shall  be  in  such form and contain such other matters as the board may
determine from time to time to be necessary to disclose  accurately  the
financial  condition  and operation of such persons, firms, associations
or corporations during the preceding fiscal year. The board may for good
cause shown grant a reasonable extension of time for the filing  of  any
such report.
  S  4. Subdivision 2 of section 529 of the racing, pari-mutuel wagering
and breeding law, is renumbered subdivision 3 and a new subdivision 2 is
added to read as follows:
  2. THE RULES SHALL PROVIDE THAT ALL  WINNING  CASH  VOUCHERS  MUST  BE
PRESENTED  FOR PAYMENT BEFORE APRIL FIRST OF THE YEAR FOLLOWING THE YEAR
OF THEIR PURCHASE AND FAILURE TO PRESENT ANY  SUCH  VOUCHER  WITHIN  THE
PRESCRIBED  PERIOD  OF  TIME  SHALL  CONSTITUTE A WAIVER OF THE RIGHT TO
PARTICIPATE IN THE AWARD OR DIVIDEND. THE FUNDS RECEIVED  FROM  UNCASHED
VOUCHERS  SHALL  BE  PAID  TO  THE RACING REGULATION ACCOUNT ESTABLISHED
PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
  S 5. This act shall take effect immediately; provided,  however,  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  is  authorized  and  directed to be made and completed on or
before such effective date.

                                 PART Y

  Section 1. Section 308 of the racing, pari-mutuel wagering and  breed-
ing law is amended to read as follows:
  S  308. Officials at harness horse race meetings.  At all harness race
meetings licensed by the state racing and wagering board  in  accordance
with  the  provisions  of  sections two hundred twenty-two through seven
hundred five of this chapter  qualified  judges  and  [starters]  RACING
OFFICIALS  shall  be  designated by the state racing and wagering board.
THE LICENSED RACING  ASSOCIATIONS  AND  CORPORATIONS  SHALL  EMPLOY  AND
APPOINT  ONE  ASSOCIATE  JUDGE  AND THE STARTER TO SERVE AT HARNESS RACE
MEETINGS, SUBJECT TO WRITTEN APPROVAL OF THE STATE RACING  AND  WAGERING
BOARD BEFORE ENTERING UPON THE DISCHARGE OF THEIR DUTIES. Such officials
shall enforce the rules and regulations of the state racing and wagering
board  and  shall  render  regular written reports of the activities and

S. 6258--A                         46                         A. 9058--A

conduct of such race meetings to the state racing  and  wagering  board,
PROVIDED  HOWEVER,  THAT  THE JUDGES AND STARTERS EMPLOYED BY THE RACING
ASSOCIATION OR CORPORATION SHALL NOT HAVE THE POWER TO IMPOSE  FINES  OR
ISSUE SUSPENSIONS OF OCCUPATIONAL RACING LICENSES.
  S 2. Subdivision 8 of section 73 of the public officers law is amended
by adding a new paragraph (j) to read as follows:
  (J)  THE  PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
THIS SUBDIVISION SHALL NOT APPLY TO ANY PERSON AS A RESULT OF HIS OR HER
EMPLOYMENT BY THE NEW YORK STATE RACING AND WAGERING BOARD IN THE  CIVIL
SERVICE  TITLE OF STARTER OR ASSOCIATE JUDGE WHOSE EMPLOYMENT WAS TERMI-
NATED WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH AS A
RESULT OF THE ABOLITION OF HIS OR HER POSITION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART Z

  Section 1.  The agriculture and markets law is amended by adding a new
article 21-A to read as follows:
                              ARTICLE 21-A
                      DAIRY RESEARCH AND EDUCATION
SECTION 258-S. LEGISLATIVE DECLARATION.
        258-T. DEFINITIONS.
        258-U. POWERS AND DUTIES OF THE COMMISSIONER.
        258-V. RULES AND REGULATIONS; ENFORCEMENT.
  S  258-S.    LEGISLATIVE  DECLARATION.  IT IS HEREBY DECLARED THAT THE
DAIRY INDUSTRY IS OF VITAL SIGNIFICANCE TO THE STATE'S  ECONOMY,  SOCIAL
FABRIC,  AND  WELFARE  OF  THE  PEOPLE OF THIS STATE, AND THAT RESEARCH,
EDUCATION AND DEVELOPMENT ASSOCIATED WITH DAIRY PRODUCTION IS IMPERATIVE
TO ENSURE THAT THE STATE'S DAIRY FARMS AND INDUSTRY  REMAIN  COMPETITIVE
AND  PROFITABLE.  IT  IS THEREFORE DECLARED TO BE THE LEGISLATIVE INTENT
AND POLICY OF THE STATE:
  1. TO ENABLE MILK PRODUCERS AND OTHERS IN THE DAIRY INDUSTRY, WITH THE
AID OF THE STATE, TO MORE ECONOMICALLY AND EFFECTIVELY PRODUCE MILK  AND
DAIRY PRODUCTS,
  2.  TO  PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW, IMPROVED
OR INNOVATIVE DAIRY INDUSTRY PRODUCTION PRACTICES, AND TO PROMOTE  THEIR
USE, AND
  3. TO IMPROVE THE ECONOMIC STRENGTH, FARM PROFITABILITY AND WELL-BEING
OF  THE  MILK  PRODUCERS  OF THIS STATE THROUGH APPLIED RESEARCH, FARMER
EDUCATION AND TRAINING.
  S 258-T. DEFINITIONS. 1. "ADVISORY BOARD" MEANS THE PERSONS  APPOINTED
BY THE COMMISSIONER FROM NOMINATIONS FROM PRODUCERS AS HEREIN DEFINED TO
ASSIST  THE COMMISSIONER IN ADMINISTERING A DAIRY RESEARCH AND EDUCATION
ORDER.
  2. "AREA" MEANS THE ENTIRE GEOGRAPHIC AREA OF THE STATE OF NEW YORK.
  3. "COMMISSIONER" MEANS THE COMMISSIONER OF AGRICULTURE AND MARKETS OF
THE STATE OF NEW YORK.
  4. "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE  OF
MILK  PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER
STATE, HAVING AGREEMENTS WITH ITS PRODUCER MEMBERS  TO  MARKET,  BARGAIN
FOR  OR  SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE
OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED  BY  ITS
MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER-
ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
  5. "DAIRY PRODUCTS" MEANS MILK AND PRODUCTS DERIVED THEREFROM.

S. 6258--A                         47                         A. 9058--A

  6.  "DAIRY  RESEARCH AND EDUCATION ORDER" MEANS AN ORDER ISSUED BY THE
COMMISSIONER, PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
  7 "MILK" MEANS COW'S MILK.
  8. "MILK DEALER" MEANS ANY PERSON WHO PURCHASES OR HANDLES OR RECEIVES
OR  SELLS MILK, INCLUDING INDIVIDUALS, PARTNERSHIPS, CORPORATIONS, COOP-
ERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSOCIATIONS.
  9. "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO  IS  ENGAGED  IN  THE
PRODUCTION OF MILK FOR COMMERCIAL USE.
  S  258-U. POWERS AND DUTIES OF THE COMMISSIONER. 1. IN ORDER TO EFFEC-
TUATE THE DECLARED POLICY OF THIS ARTICLE, THE COMMISSIONER  MAY,  AFTER
DUE  NOTICE AND OPPORTUNITY FOR HEARING, MAKE AND ISSUE A DAIRY RESEARCH
AND EDUCATION ORDER.
  2. SUCH ORDER SHALL BE ISSUED AND AMENDED OR TERMINATED IN  ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
  (A)  BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT MUST BE APPROVED BY
FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN  THE  REFERENDUM
FOR  THE  AREA  TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT
CONSTITUTE VALID APPROVAL  UNLESS  FIFTY-ONE  PER  CENTUM  OF  ALL  MILK
PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM. PRODUCERS
MAY  VOTE  BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPERATIVES IN ACCORD-
ANCE WITH THE FOLLOWING PROCEDURES:
  (I) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH  ORDER  WITHIN  A
PERIOD  OF NINETY DAYS AFTER THE COMMISSIONER HAS ANNOUNCED A REFERENDUM
ON A PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND CERTIFIED  TO
THE COMMISSIONER AS MEMBERS OF SUCH COOPERATIVE, PROVIDED, HOWEVER, THAT
ANY  COOPERATIVE  BEFORE  SUBMITTING SUCH WRITTEN APPROVAL SHALL GIVE AT
LEAST THIRTY DAYS PRIOR WRITTEN NOTICE  TO  EACH  PRODUCER  WHO  IS  ITS
MEMBER,  OF  THE  INTENTION  OF THE COOPERATIVE TO APPROVE SUCH PROPOSED
ORDER, AND FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT  INTEND  TO
APPROVE  SUCH  PROPOSED  ORDER, IT SHALL LIKEWISE GIVE WRITTEN NOTICE TO
EACH SUCH PRODUCER WHO IS ITS MEMBER, OF ITS INTENTION NOT TO APPROVE OF
SUCH PROPOSED ORDER.
  (II) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING
A PROPOSED ORDER, THE COMMISSIONER SHALL NOTIFY ALL MILK PRODUCERS  THAT
AN  ORDER  IS  BEING  CONSIDERED  AND  THAT  EACH  PRODUCER MAY REGISTER
APPROVAL OR DISAPPROVAL WITH THE COMMISSIONER EITHER DIRECTLY OR THROUGH
THE PRODUCER'S COOPERATIVE.
  (III) ANY PRODUCER MAY OBTAIN A BALLOT FROM THE COMMISSIONER IN  ORDER
TO  REGISTER  HIS  OR  HER  OWN  APPROVAL OR DISAPPROVAL OF THE PROPOSED
ORDER.   INDIVIDUAL BALLOTS SHALL BE  CONSIDERED  CONFIDENTIAL  AND  NOT
SUBJECT  TO  PUBLIC DISCLOSURE, EXCEPT SUCH BALLOTS SHALL NOT BE CONSID-
ERED CONFIDENTIAL AS DEEMED NECESSARY BY THE COMMISSIONER  TO  IMPLEMENT
THE PURPOSES OF THIS ARTICLE.
  (IV) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE THAT HAS NOTIFIED THE
PRODUCER  OF  ITS  INTENT TO APPROVE OR NOT TO APPROVE A PROPOSED ORDER,
AND WHO OBTAINS A BALLOT AND WITH  SUCH  BALLOT  EXPRESSES  APPROVAL  OR
DISAPPROVAL  OF  THE PROPOSED ORDER, SHALL NOTIFY THE COMMISSIONER AS TO
THE NAME OF THE COOPERATIVE OF WHICH THE PRODUCER IS A MEMBER,  AND  THE
COMMISSIONER  SHALL  REMOVE SUCH PRODUCER'S NAME FROM THE LIST CERTIFIED
BY SUCH COOPERATIVE.
  (V) THE COMMISSIONER MAY APPOINT A REFERENDUM  ADVISORY  COMMITTEE  TO
ASSIST AND ADVISE IN THE CONDUCT OF THE REFERENDUM. SUCH COMMITTEE SHALL
REVIEW  REFERENDUM  PROCEDURES  AND THE TABULATION OF RESULTS, AND SHALL
ADVISE THE COMMISSIONER OF ITS FINDINGS. THE FINAL CERTIFICATION OF  THE
REFERENDUM  RESULTS  SHALL  BE  MADE  BY THE COMMISSIONER. THE COMMITTEE
SHALL CONSIST OF NOT LESS THAN THREE MEMBERS,  NONE  OF  WHOM  SHALL  BE

S. 6258--A                         48                         A. 9058--A

PERSONS  DIRECTLY  AFFECTED BY THE PROPOSED DAIRY RESEARCH AND EDUCATION
ORDER. TWO MEMBERS SHALL BE REPRESENTATIVES OF  GENERAL  FARM  ORGANIZA-
TIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE PROPOSED ORDER. THE MEMBERS
OF  THE  COMMITTEE  SHALL  NOT RECEIVE A SALARY BUT SHALL BE ENTITLED TO
ACTUAL AND REASONABLE EXPENSES INCURRED  IN  THE  PERFORMANCE  OF  THEIR
DUTIES.
  3.  THE  COMMISSIONER  SHALL  ADMINISTER  AND  ENFORCE  ANY SUCH DAIRY
RESEARCH AND EDUCATION ORDER WHILE IT IS IN EFFECT, TO:
  (A) ENCOURAGE THE STABILITY AND CONTINUED GROWTH OF THE  DAIRY  INDUS-
TRY,
  (B)  PROVIDE  FOR  RESEARCH AND EDUCATION PROGRAMS DESIGNED TO IMPROVE
MILK PRODUCTION AND FARM PROFITABILITY,
  (C) CARRY OUT, IN OTHER WAYS, THE DECLARED POLICY AND INTENT  OF  THIS
ARTICLE.
  4.  THE  COMMISSIONER  MAY, AND UPON WRITTEN PETITION OF NOT LESS THAN
TWENTY-FIVE PER CENTUM OF THE PRODUCERS IN THE AREA, EITHER AS  INDIVID-
UALS  OR  THROUGH  COOPERATIVE  REPRESENTATION,  SHALL CALL A HEARING TO
CONSIDER AMENDING OR TERMINATING SUCH ORDER, AND ANY SUCH  AMENDMENT  OR
TERMINATION  SHALL  BE  EFFECTIVE  ONLY  UPON  APPROVAL OF FIFTY-ONE PER
CENTUM OF THE PRODUCERS OF MILK FOR THE AREA REGULATED PARTICIPATING  IN
A  REFERENDUM  VOTE  AS  PROVIDED  PURSUANT  TO  SUBDIVISION TWO OF THIS
SECTION.
  5. THE COMMISSIONER SHALL PREPARE A BUDGET FOR THE ADMINISTRATION  AND
OPERATING  COSTS  AND  EXPENSES  ASSOCIATED  WITH ANY DAIRY RESEARCH AND
EDUCATION ORDER ISSUED PURSUANT TO THIS ARTICLE.
  6. ANY DAIRY RESEARCH AND EDUCATION ORDER ISSUED BY  THE  COMMISSIONER
PURSUANT TO THIS ARTICLE MAY CONTAIN ANY OR ALL OF THE FOLLOWING:
  (A) PROVISIONS FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT
TO  THE ORDER FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS AND PAYING
THE COSTS OF ADMINISTERING AND ENFORCING SUCH ORDER. IN ORDER TO COLLECT
ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH MILK  DEALER  WHO
RECEIVES  MILK  FROM  PRODUCERS  TO DEDUCT THE AMOUNT OF ASSESSMENT FROM
MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIVERED. THE RATE OF
SUCH ASSESSMENT SHALL NOT EXCEED ONE-TENTH OF ONE PERCENT  PER  HUNDRED-
WEIGHT OF THE AVERAGE STATISTICAL UNIFORM PRICE FOR THE NORTHEAST FEDER-
AL  MILK  MARKETING  ORDER, OR ANY SUCCESSOR THERETO, AT ONONDAGA COUNTY
FOR THE PRECEDING YEAR. NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION
TWO  OF THIS SECTION, THE COMMISSIONER, UPON WRITTEN PETITION OF NO LESS
THAN TWENTY-FIVE PERCENT OF PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS
OR THROUGH COOPERATIVE REPRESENTATION, MAY CALL A HEARING FOR  THE  SOLE
PURPOSE  OF  CONSIDERING ESTABLISHING A NEW RATE OF ASSESSMENT HEREUNDER
AND MAY SUBMIT A PROPOSED CHANGE  IN  THE  RATE  OF  ASSESSMENT  TO  THE
PRODUCERS  FOR  ACCEPTANCE  OR REJECTION WITHOUT OTHERWISE AFFECTING THE
ORDER. THE PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER AS
INDIVIDUALS OR THOROUGH COOPERATIVE REPRESENTATION.
  (B) PROVISIONS FOR PAYMENTS TO INSTITUTIONS OR  ORGANIZATIONS  ENGAGED
IN  RESEARCH  LEADING  TO THE DEVELOPMENT OF NEW, INNOVATIVE OR IMPROVED
PRACTICES OR METHODS FOR DAIRY PRODUCTION AND FARM PROFITABILITY.
  (C) PROVISIONS FOR PAYMENTS TO INSTITUTIONS OR  ORGANIZATIONS  ENGAGED
IN  EDUCATIONAL  ACTIVITIES  TO  PROMOTE  THE  USE OF NEW, INNOVATIVE OR
IMPROVED PRACTICES OR METHODS FOR DAIRY PRODUCTION AND FARM  PROFITABIL-
ITY.
  (D)  PROVISIONS  FOR  REQUIRING  RECORDS  TO BE KEPT AND REPORTS TO BE
FILED BY MILK DEALERS WITH RESPECT TO MILK RECEIVED FROM  PRODUCERS  AND
WITH RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.

S. 6258--A                         49                         A. 9058--A

  (E)  PROVISIONS  FOR  THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS
FOR THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
  (F) PROVISIONS FOR AN ADVISORY BOARD AS HEREINAFTER INDICATED.
  (G)  SUCH  OTHER  PROVISIONS  AS  MAY  BE  NECESSARY TO EFFECTUATE THE
DECLARED POLICES OF THIS ARTICLE.
  7. THE COMMISSIONER MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFEC-
TIVE DAIRY RESEARCH AND EDUCATION ORDER FOR A CONTINUING PERIOD  OF  NOT
LONGER  THAN ONE YEAR, IF THE PURPOSES OF THIS ARTICLE ARE DEEMED UNNEC-
ESSARY DURING SUCH YEAR.
  8. PRIOR TO THE  ISSUANCE,  AMENDMENT  OR  TERMINATION  OF  ANY  DAIRY
RESEARCH AND EDUCATION ORDER, THE COMMISSIONER MAY REQUIRE THE PETITION-
ERS  FOR  SUCH ISSUANCE, AMENDMENT OR TERMINATION TO DEPOSIT WITH HIM OR
HER SUCH AMOUNT AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY  THE  EXPENSES
OF  PREPARING  AND  MAKING EFFECTIVE, AMENDING OR TERMINATING THE ORDER.
SUCH FUNDS SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE COMMISSION-
ER IN THE SAME MANNER AS OTHER MONEYS RECEIVED BY THE COMMISSIONER UNDER
THIS ARTICLE AND, IN THE EVENT THE APPLICATION FOR  ADOPTION,  AMENDMENT
OR TERMINATION OF A RESEARCH AND EDUCATION ORDER IS APPROVED IN A REFER-
ENDUM, THE COMMISSIONER SHALL REIMBURSE ANY SUCH APPLICANT IN THE AMOUNT
OF  ANY  SUCH  DEPOSIT  FROM  ANY  UNEXPENDED MONIES COLLECTED UNDER THE
RESEARCH ORDER AFFECTED BY SUCH REFERENDUM.
  9. ANY MONEYS COLLECTED BY THE COMMISSIONER PURSUANT TO  THIS  ARTICLE
SHALL  NOT  BE  DEEMED  STATE  FUNDS AND SHALL BE DEPOSITED IN A BANK OR
OTHER DEPOSITORY IN THIS STATE, APPROVED BY THE COMMISSIONER, AND  SHALL
BE  DISBURSED  BY  THE  COMMISSIONER  ONLY  FOR  THE  NECESSARY EXPENSES
INCURRED BY THE COMMISSIONER WITH RESPECT TO THE ORDER, ALL  IN  ACCORD-
ANCE  WITH  THE  RULES  AND  REGULATIONS  OF  THE COMMISSIONER. ALL SUCH
EXPENDITURES SHALL BE AUDITED BY THE STATE COMPTROLLER  OR  A  CERTIFIED
PUBLIC  ACCOUNTANT  AT  LEAST EVERY TWO YEARS AND WITHIN FORTY-FIVE DAYS
AFTER THE COMPLETION THEREOF THE STATE COMPTROLLER OR  CERTIFIED  PUBLIC
ACCOUNTANT  SHALL  GIVE A COPY THEREOF TO THE COMMISSIONER AND THE ADVI-
SORY BOARD. ANY MONEYS REMAINING IN SUCH FUND MAY, IN THE DISCRETION  OF
THE  COMMISSIONER,  BE  REFUNDED  AT THE CLOSE OF ANY FISCAL YEAR UPON A
PRO-RATA BASIS TO ALL  PERSONS  FROM  WHOM  ASSESSMENTS  THEREFORE  WERE
COLLECTED  OR,  WHENEVER  THE COMMISSIONER FINDS THAT SUCH MONEYS MAY BE
NECESSARY TO DEFRAY THE COST OF OPERATING SUCH  RESEARCH  AND  EDUCATION
ORDER  IN  A SUCCEEDING FISCAL YEAR, THE COMMISSIONER MAY CARRY OVER ALL
OR ANY PORTION OF SUCH MONEYS INTO THE NEXT SUCH SUCCEEDING  YEAR.  UPON
THE  TERMINATION BY THE COMMISSIONER OF ANY DAIRY RESEARCH AND EDUCATION
ORDER, ALL MONEYS REMAINING AND NOT  REQUIRED  BY  THE  COMMISSIONER  TO
DEFRAY  THE  EXPENSES  OF  OPERATING  SUCH  DAIRY RESEARCH AND EDUCATION
ORDER, SHALL BE REFUNDED BY THE COMMISSIONER UPON A  PRO-RATA  BASIS  TO
ALL  PERSONS  FROM  WHOM ASSESSMENTS THEREFORE WERE COLLECTED; PROVIDED,
HOWEVER, THAT IF THE COMMISSIONER FINDS THAT THE AMOUNTS  SO  REFUNDABLE
ARE  SO  SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF
SUCH REFUNDS, THE  COMMISSIONER  MAY  USE  SUCH  MONEYS  TO  DEFRAY  THE
EXPENSES  INCURRED  IN  THE  FORMULATION,  ISSUANCE,  ADMINISTRATION  OR
ENFORCEMENT OF ANY SUBSEQUENT RESEARCH ORDER.
  10. ADVISORY BOARD. (A) ANY DAIRY RESEARCH AND EDUCATION ORDER  ISSUED
PURSUANT TO THIS ARTICLE SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVI-
SORY  BOARD  TO ADVISE AND ASSIST THE COMMISSIONER IN THE ADMINISTRATION
OF SUCH ORDER. THIS BOARD SHALL CONSIST OF NOT LESS THAN  FIVE  MEMBERS.
AT  LEAST  THREE  MEMBERS SHALL REPRESENT DAIRY COOPERATIVES, ONE MEMBER
SHALL REPRESENT A GENERAL FARM ORGANIZATION, AND ONE MEMBER SHALL BE  AN
AT-LARGE  PRODUCER  REPRESENTATIVE. MEMBERS SHALL SERVE THREE-YEAR TERMS
AND SHALL BE APPOINTED BY THE COMMISSIONER FROM NOMINATIONS SUBMITTED BY

S. 6258--A                         50                         A. 9058--A

PRODUCERS LOCATED IN THE AREA TO WHICH THE ORDER  APPLIES.  THE  COMMIS-
SIONER  SHALL  MAKE  EVERY  EFFORT  TO ENSURE THAT THERE IS GEOGRAPHICAL
REPRESENTATION FROM THE MAJOR DAIRY  PRODUCING  REGIONS  OF  THE  STATE.
NOMINATING  PROCEDURES,  QUALIFICATIONS,  REPRESENTATION AND SIZE OF THE
ADVISORY BOARD SHALL BE PRESCRIBED IN THE ORDER.
  (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
ENTITLED TO ACTUAL AND REASONABLE  EXPENSES  INCURRED  WHILE  PERFORMING
DUTIES AS AUTHORIZED IN THIS SECTION.
  (C)  THE  DUTIES  AND  RESPONSIBILITIES OF THE ADVISORY BOARD SHALL BE
PRESCRIBED BY THE COMMISSIONER  IN  THE  DAIRY  RESEARCH  AND  EDUCATION
ORDER,  AND MAY INCLUDE ALL OR ANY OF THE FOLLOWING DUTIES AND RESPONSI-
BILITIES:
  (1) RECOMMENDING TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND REGU-
LATIONS RELATING TO THE ORDER.
  (2) RECOMMENDING TO THE COMMISSIONER SUCH AMENDMENTS TO THE  ORDER  AS
DEEMED ADVISABLE.
  (3)  PREPARING  AND SUBMITTING TO THE COMMISSIONER AN ESTIMATED BUDGET
REQUIRED FOR THE PROPER OPERATION OF THE ORDER.
  (4)  REVIEWING,  EVALUATING  AND  RECOMMENDING  TO  THE   COMMISSIONER
RESEARCH  AND  EDUCATION  ACTIVITIES  FOR  FUNDING  THAT ARE DESIGNED TO
IMPROVE MILK PRODUCTION AND FARM PROFITABILITY.
  (5) RECOMMENDING TO THE COMMISSIONER METHODS FOR  ASSESSING  PRODUCERS
AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
  (6)  ASSISTING  THE  COMMISSIONER  IN  THE  COLLECTION AND ASSEMBLY OF
INFORMATION AND DATA NECESSARY FOR  THE  PROPER  ADMINISTRATION  OF  THE
ORDER.
  (7)  THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER
AS THE COMMISSIONER SHALL DESIGNATE.
  S 258-V. RULES AND REGULATIONS; ENFORCEMENT. 1. THE  COMMISSIONER  MAY
MAKE  AND  PROMULGATE  SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO
EFFECTUATE THE PROVISIONS AND INTENT OF THIS ARTICLE AND TO ENFORCE  THE
PROVISION  OF ANY DAIRY RESEARCH AND EDUCATION ORDER, ALL OF WHICH SHALL
HAVE THE FORCE AND EFFECT OF LAW.
  2. THE COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN  EQUITY  AS
MAY  APPEAR  NECESSARY  TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS
ARTICLE, OR ANY RULE OR REGULATION, OR  RESEARCH  AND  EDUCATION  ORDER,
COMMITTED  TO  HIS  OR  HER ADMINISTRATION, AND IN ADDITION TO ANY OTHER
REMEDY UNDER ARTICLE THREE OF THIS CHAPTER OR OTHERWISE, MAY  APPLY  FOR
RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT
BEING  COMPELLED  TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES
NOT EXIST. SUCH APPLICATION MAY BE MADE TO  THE  SUPREME  COURT  IN  ANY
DISTRICT  OR  COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR
TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
  S 2. This act shall take effect immediately.

                                 PART AA

  Section 1. Paragraph (b) of subdivision  2  of  section  2975  of  the
public  authorities law, as amended by section 1 of part J of chapter 60
of the laws of 2011, is amended to read as follows:
  (b) On or before November first, two thousand three and on  or  before
November first of each year thereafter, the director of the budget shall
determine  the  amount  owed  under  this section by each public benefit
corporation. The director of the budget may reduce, in  whole  or  part,
the amount of such assessment if the payment thereof would necessitate a
state  appropriation  for  the  purpose,  or  would  otherwise impose an

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extraordinary hardship upon the affected public benefit corporation. The
aggregate amount assessed under this section in any given  state  fiscal
year may not exceed [sixty] SIXTY-TWO million dollars.
  S 2. This act shall take effect immediately.

                                 PART BB

  Section  1.  Paragraph  (b)  of  subdivision  2 of section 1676 of the
public authorities law is amended by adding a new undesignated paragraph
to read as follows:
  THE STATE OF NEW YORK AND ANY PUBLIC CORPORATION.
  S 2. Subdivision 1 of section 1680 of the public  authorities  law  is
amended by adding a new undesignated paragraph to read as follows:
  THE STATE OF NEW YORK AND ANY PUBLIC CORPORATION.
  S 3. Section 1680 of the public authorities law is amended by adding a
new subdivision 41 to read as follows:
  41.  THE DORMITORY AUTHORITY IS EMPOWERED AND AUTHORIZED TO ENTER INTO
A LEASE, SUBLEASE OR OTHER AGREEMENT WITH THE STATE OF  NEW  YORK  OR  A
PUBLIC CORPORATION THEREIN, PURSUANT TO WHICH ONE OR MORE FACILITIES ARE
TO BE FINANCED, DESIGNED, ACQUIRED, CONSTRUCTED, RECONSTRUCTED, REHABIL-
ITATED,  IMPROVED  OR  OTHERWISE  PROVIDED  FOR THE STATE OR SUCH PUBLIC
CORPORATION, OR SUCH FACILITIES ARE TO BE FURNISHED OR EQUIPPED.
  S 4. This act shall take effect immediately.

                                 PART CC

  Section 1. Section 579 of the banking law, as amended by  chapter  629
of the laws of 2002, is amended to read as follows:
  S  579.  Doing  business  without  license prohibited. Only a [type B]
not-for-profit corporation [as defined in section two hundred one of the
not-for-profit corporation law of this state,] or an entity incorporated
in another state and  having  a  similar  not-for-profit  status,  shall
engage  in the business of budget planning as defined in subdivision one
of section four hundred fifty-five of the general business law [of  this
state]  except as authorized by this article and without first obtaining
a license from the superintendent.
  S 2. Paragraph (d) of section 304 of the business corporation  law  is
amended to read as follows:
  (d) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL  MAIL  A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL  BE  DEEMED
TO  BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A
PERSON SHALL MAIL A COPY OF PROCESS SERVED AGAINST  THE  CORPORATION  AS
REQUIRED  BY  THIS  ARTICLE.  Any  designated  [post-office] POST OFFICE
address to which the secretary of state OR A PERSON shall mail a copy of
process served upon [him] THE SECRETARY OF STATE as agent of a  domestic
corporation or a foreign corporation, shall continue until the filing of
a  certificate  under  this chapter directing the mailing to a different
[post-office] POST OFFICE address.
  S 2-a. Paragraphs (b), (c) and (d) of  section  306  of  the  business
corporation  law are REPEALED and six new paragraphs (b), (c), (d), (e),
(f) and (g) are added to read as follows:
  (B) SERVICE OF SUCH PROCESS UPON THE SECRETARY OF STATE AS AGENT OF  A
DOMESTIC  OR  AUTHORIZED  FOREIGN  CORPORATION, OR OTHER BUSINESS ENTITY
THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROC-
ESS PURSUANT  TO  ARTICLE  NINE  OF  THIS  CHAPTER,  SHALL  BE  MADE  BY

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PERSONALLY  DELIVERING  TO  AND LEAVING WITH THE SECRETARY OF STATE OR A
DEPUTY, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE
SUCH SERVICE, AT THE OFFICE OF THE DEPARTMENT OF STATE IN  THE  CITY  OF
ALBANY,  A  COPY  OF SUCH PROCESS TOGETHER WITH THE STATUTORY FEE, WHICH
FEE SHALL BE A TAXABLE DISBURSEMENT. SUCH SERVICE SHALL BE SUFFICIENT IF
NOTICE OF SUCH SERVICE ON THE SECRETARY OF STATE AND A COPY OF THE PROC-
ESS ARE:
  (1) DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH  CORPO-
RATION  BY A PERSON AND IN THE MANNER AUTHORIZED TO SERVE PROCESS BY LAW
OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
  (2) SENT BY OR ON BEHALF OF  THE  PLAINTIFF  TO  SUCH  CORPORATION  BY
CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED, AT THE POST OFFICE ADDRESS
SPECIFIED  FOR THE PURPOSE OF MAILING PROCESS, ON FILE IN THE DEPARTMENT
OF STATE.
  (C) (1) WHERE SERVICE OF A COPY OF PROCESS WAS  EFFECTED  BY  PERSONAL
SERVICE,  PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
SECTION FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER  SUCH
SERVICE,  WITH  THE  CLERK  OF  THE COURT IN WHICH THE ACTION OR SPECIAL
PROCEEDING IS PENDING. SERVICE OF PROCESS SHALL  BE  COMPLETE  TEN  DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
  (2)  WHERE  SERVICE  OF  A  COPY OF PROCESS WAS EFFECTED BY MAILING IN
ACCORDANCE WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT  OF
COMPLIANCE  WITH  THIS  SECTION FILED, TOGETHER WITH THE PROCESS, WITHIN
THIRTY DAYS AFTER RECEIPT OF THE RETURN RECEIPT  SIGNED  BY  THE  CORPO-
RATION,  OR OTHER OFFICIAL PROOF OF DELIVERY OR OF THE ORIGINAL ENVELOPE
MAILED. IF A COPY OF THE PROCESS  IS  MAILED  IN  ACCORDANCE  WITH  THIS
SECTION,  THERE  SHALL  BE FILED WITH THE AFFIDAVIT OF COMPLIANCE EITHER
THE RETURN RECEIPT  SIGNED BY SUCH CORPORATION OR OTHER  OFFICIAL  PROOF
OF  DELIVERY  OR, IF ACCEPTANCE WAS REFUSED BY IT, THE ORIGINAL ENVELOPE
WITH A NOTATION BY THE POSTAL AUTHORITIES THAT ACCEPTANCE  WAS  REFUSED.
IF  ACCEPTANCE  WAS  REFUSED,  A COPY OF THE NOTICE AND PROCESS TOGETHER
WITH NOTICE OF THE MAILING BY CERTIFIED MAIL AND REFUSAL TO ACCEPT SHALL
BE PROMPTLY SENT TO SUCH CORPORATION AT THE  SAME  ADDRESS  BY  ORDINARY
MAIL  AND THE AFFIDAVIT OF COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS
SHALL BE COMPLETE TEN DAYS AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF
THE COURT. THE REFUSAL TO ACCEPT DELIVERY OF THE CERTIFIED  MAIL  OR  TO
SIGN THE RETURN RECEIPT SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND
SUCH CORPORATION REFUSING TO ACCEPT SUCH CERTIFIED MAIL SHALL BE CHARGED
WITH KNOWLEDGE OF THE CONTENTS THEREOF.
  (D) SERVICE MADE AS PROVIDED IN THIS SECTION SHALL HAVE THE SAME FORCE
AS PERSONAL SERVICE MADE WITHIN THIS STATE.
  (E) AN ADDITIONAL SERVICE OF THE SUMMONS MAY BE MADE PURSUANT TO PARA-
GRAPH  FOUR  OF SUBDIVISION (G) OF SECTION THIRTY-TWO HUNDRED FIFTEEN OF
THE CIVIL PRACTICE LAW AND RULES.
  (F) IF AN ACTION OR SPECIAL PROCEEDING IS INSTITUTED  IN  A  COURT  OF
LIMITED  JURISDICTION,  SERVICE  OF  PROCESS  MAY  BE MADE IN THE MANNER
PROVIDED IN THIS SECTION IF THE OFFICE OF THE DOMESTIC OR FOREIGN CORPO-
RATION IS WITHIN THE TERRITORIAL JURISDICTION OF THE COURT.
  (G) NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT TO SERVE PROCESS IN
ANY OTHER MANNER PERMITTED BY LAW.
  S 3. Subparagraphs 2 and 3 of paragraph (a), paragraph (b) and  clause
(i)  of subparagraph 2 of paragraph (e) of section 306-A of the business
corporation law, as added by chapter  469  of  the  laws  of  1997,  are
amended to read as follows:
  (2)  That  the  address of the party has been designated by the corpo-
ration as the post office address to which [the secretary  of  state]  A

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PERSON shall mail a copy of any process served on the secretary of state
as  agent  for such corporation, SUCH ADDRESS and that such party wishes
to resign.
  (3) That sixty days prior to the filing of the certificate of resigna-
tion  FOR  RECEIPT OF PROCESS with the department of state the party has
sent a copy of the certificate of resignation for receipt of process  by
registered  or  certified mail to the address of the registered agent of
the designating corporation, if other than the party filing the  certif-
icate  of  resignation[,]  for receipt of process, or if the [resigning]
DESIGNATING corporation has  no  registered  agent,  then  to  the  last
address  of  the  designating corporation known to the party, specifying
the address to which the copy was sent. If there is no registered  agent
and  no  known  address  of the designating corporation, the party shall
attach an affidavit to the  certificate  stating  that  a  diligent  but
unsuccessful  search  was  made  by the party to locate the corporation,
specifying what efforts were made.
  (b) Upon the failure of the designating corporation to file a  certif-
icate of amendment or change providing for the designation by the corpo-
ration  of the new address after the filing of a certificate of resigna-
tion for receipt of process with the secretary of state,  its  authority
to  do  business in this state shall be suspended unless the corporation
has previously filed a BIENNIAL statement [of addresses  and  directors]
under  section  four  hundred  eight of this chapter, the address of the
principal executive office stated in the last filed  BIENNIAL  statement
[of  addresses and directors] shall constitute the new address for proc-
ess of  the  corporation,  and  the  corporation  shall  not  be  deemed
suspended.
  (i)  delivered  personally within or without this state to such corpo-
ration by a person and in THE manner authorized to serve process by  law
of the jurisdiction in which service is made, or
  S  4.  Subparagraph  7 of paragraph (a) of section 402 of the business
corporation law is amended to read as follows:
  (7) A designation of the secretary of state as  agent  of  the  corpo-
ration  upon  whom  process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served  upon  [him]
THE SECRETARY OF STATE.
  S  5.  Subparagraph  (c) of paragraph 1 of section 408 of the business
corporation law, as added by chapter 55 of the laws of 1992, is  amended
to read as follows:
  (c)  The  post  office address, within or without this state, to which
[the secretary of state] A PERSON shall  mail  a  copy  of  any  process
against  it  served  upon  [him  or  her] THE SECRETARY OF STATE.   Such
address shall supersede any previous address on file with the department
of state for this purpose.
  S 6. Subparagraph 4 of paragraph (b) of section 801  of  the  business
corporation law is amended to read as follows:
  (4)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  7.  Subparagraph  2 of paragraph (b) of section 803 of the business
corporation law, as amended by chapter 803  of  the  laws  of  1965,  is
amended to read as follows:
  (2) To  specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.

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  S  8.  Paragraph (b) of section 805-A of the business corporation law,
as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
follows:
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a corporation served upon [him] THE SECRETARY  OF  STATE
or  the  address  of  the  registered agent, provided such address being
changed is the address  of  a  person,  partnership,  LIMITED  LIABILITY
COMPANY  or other corporation whose address, as agent, is the address to
be changed or who has been  designated  as  registered  agent  for  such
corporation,  may  be signed[, verified] and delivered to the department
of state by such agent. The certificate of change shall  set  forth  the
statements  required under subparagraphs [(a)] (1), (2) and (3) OF PARA-
GRAPH (A) of this section; that a notice  of  the  proposed  change  was
mailed  to the corporation by the party signing the certificate not less
than thirty days prior to the date of delivery  to  the  department  and
that such corporation has not objected thereto; and that the party sign-
ing  the  certificate  is the agent of such corporation to whose address
[the secretary of state] A PERSON is required to mail [copies] A COPY of
process SERVED ON THE SECRETARY OF STATE or  the  registered  agent,  if
such  be  the case. A certificate signed[, verified] and delivered under
this paragraph shall not be deemed to effect a change of location of the
office of the corporation in whose behalf such certificate is filed.
  S 9. Subparagraph 8 of paragraph (a) of section 904-a of the  business
corporation  law,  as  amended  by  chapter  177 of the laws of 2008, is
amended to read as follows:
  (8) If the surviving or resulting entity is a foreign  corporation  or
other  business  entity,  a designation of the secretary of state as its
agent upon whom process against it may be served in the manner set forth
in paragraph (b) of section three hundred six of this  chapter,  in  any
action or special proceeding, and a post office address, within or with-
out  this state, to which [the secretary of state] A PERSON shall mail a
copy of any process against it served upon [him] THE SECRETARY OF STATE.
Such post office address shall supersede any prior address designated as
the address to which process shall be mailed;
  S 10. Clause (G) of subparagraph 2 of paragraph (e) of section 907  of
the  business  corporation law, as amended by chapter 494 of the laws of
1997, is amended to read as follows:
  (G) A designation of the secretary of state as  its  agent  upon  whom
process  against  it  may be served in the manner set forth in paragraph
(b) of section 306 (Service  of  process),  in  any  action  or  special
proceeding,  and a post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.   Such post  office
address  shall  supersede any prior address designated as the address to
which process shall be mailed.
  S 11. Subparagraph 6 of paragraph (a) of section 1304 of the  business
corporation  law,  as  amended by chapter 684 of the laws of 1963 and as
renumbered by chapter 590 of the laws of 1982, is  amended  to  read  as
follows:
  (6)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address, within  or
without  this  state,  to  which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.

S. 6258--A                         55                         A. 9058--A

  S 12. Subparagraph 7 of paragraph (a) of section 1308 of the  business
corporation  law,  as  amended by chapter 725 of the laws of 1964 and as
renumbered by chapter 186 of the laws of 1983, is  amended  to  read  as
follows:
  (7)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy  of  any  process  against  it
served upon [him] THE SECRETARY OF STATE.
  S  13.  Subparagraph  2  of paragraph (a) and paragraph (c) of section
1309-A of the business corporation law, subparagraph 2 of paragraph  (a)
as added by chapter 725 of the laws of 1964 and paragraph (c) as amended
by chapter 172 of the laws of 1999, are amended to read as follows:
  (2)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy  of  any  process  against  it
served upon [him] THE SECRETARY OF STATE.
  (c) A certificate of change of application for authority which changes
only  the post office address to which [the secretary of state] A PERSON
shall mail a copy of any process against an  authorized  foreign  corpo-
ration  served  upon  [him]  THE SECRETARY OF STATE or which changes the
address of its registered agent, provided such address is the address of
a person, partnership, LIMITED LIABILITY COMPANY  or  other  corporation
whose  address,  as  agent, is the address to be changed or who has been
designated as registered agent for such authorized foreign  corporation,
may  be  signed  and delivered to the department of state by such agent.
The certificate of change of application for authority shall  set  forth
the  statements  required  under  subparagraphs (1), (2), (3) and (4) of
paragraph (b) of this section; that a notice of the proposed change  was
mailed  by  the  party signing the certificate to the authorized foreign
corporation not less than thirty days prior to the date of  delivery  to
the  department  and that such corporation has not objected thereto; and
that the party signing the certificate is  the  agent  of  such  foreign
corporation  to  whose  address  [the  secretary  of  state] A PERSON is
required to mail [copies] A COPY of process SERVED ON THE  SECRETARY  OF
STATE or the registered agent, if such be the case. A certificate signed
and  delivered  under  this  paragraph  shall  not be deemed to effect a
change of location of the office of the corporation in whose behalf such
certificate is filed.
  S 14. Subparagraphs 1 and 6 of paragraph (a) of section  1310  of  the
business  corporation  law,  subparagraph 1 as amended by chapter 590 of
the laws of 1982, are amended to read as follows:
  (1) The name of the foreign corporation as it appears on the index  of
names  of  existing  domestic and authorized foreign corporations of any
type or kind in the department of state, division of corporations  [or,]
AND  the  fictitious  name, IF ANY, the corporation has agreed to use in
this state pursuant to paragraph (d) of section 1301  (AUTHORIZATION  OF
FOREIGN CORPORATIONS) of this [chapter] ARTICLE.
  (6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  S  15. Subparagraph 4 of paragraph (d) of section 1310 of the business
corporation law is amended to read as follows:
  (4) The changed post office address, within or without this state,  to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.
  S  16.  Section  1311  of  the business corporation law, as amended by
chapter 375 of the laws of 1998, is amended to read as follows:
S 1311. Termination of existence.

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  When an authorized foreign corporation is dissolved or  its  authority
or existence is otherwise terminated or cancelled in the jurisdiction of
its  incorporation  or  when  such foreign corporation is merged into or
consolidated with another foreign  corporation,  a  certificate  of  the
secretary of state, or official performing the equivalent function as to
corporate  records, of the jurisdiction of incorporation of such foreign
corporation attesting to the occurrence of any such event or a certified
copy of an order or decree of a court of such jurisdiction directing the
dissolution of such foreign corporation, the termination of  its  exist-
ence  or  the  cancellation  of  its authority shall be delivered to the
department of state. The filing of  the  certificate,  order  or  decree
shall  have  the same effect as the filing of a certificate of surrender
of authority under section 1310 (Surrender of authority). The  secretary
of  state  shall  continue as agent of the foreign corporation upon whom
process against it may be served in the manner set  forth  in  paragraph
(b)  of  section  306  (Service  of  process),  in any action or special
proceeding based upon  any  liability  or  obligation  incurred  by  the
foreign  corporation  within  this  state  prior  to  the filing of such
certificate, order or decree and [he] THE PERSON  SERVING  SUCH  PROCESS
shall  promptly cause a copy of any such process to be mailed by [regis-
tered] CERTIFIED mail, return receipt requested, to such foreign  corpo-
ration  at  the  post  office address on file in [his] THE office OF THE
SECRETARY OF STATE specified for such purpose. The post  office  address
may  be  changed  by signing and delivering to the department of state a
certificate of  change  setting  forth  the  statements  required  under
section  1309-A  (Certificate of change; contents) to effect a change in
the post office address under subparagraph [(a) (4)]  (7)  OF  PARAGRAPH
(A) of section 1308 (Amendments or changes).
  S  17.    The  opening  paragraph of subdivision 1 of section 5 of the
cooperative corporations law, as amended by chapter 158 of the  laws  of
1978, is amended to read as follows:
  The  business  corporation law applies to every corporation heretofore
or hereafter formed under this chapter, or under any  other  statute  or
special act of this state, or under laws other than the statutes of this
state,  which  has  as its purpose or among its purposes the cooperative
rendering of mutual help and service to its members and which, if formed
under laws other than the statutes of this state, would, if it  were  to
be  formed  currently under the laws of this state, be formed under this
chapter except a membership cooperative as defined in section  three  of
this  chapter,  to which the not-for-profit corporation law shall apply.
Any corporation to which the business corporation law is made applicable
by this section shall be treated as a  "corporation,"  "domestic  corpo-
ration,"  or  "foreign corporation," as such terms are used in the busi-
ness corporation law; provided, however, that neither the  purposes  for
which  any  such  corporation  may  be formed under this chapter nor its
classification as a non-profit corporation shall thereby be extended  or
affected.  [Any  corporation to which the not-for-profit corporation law
is made applicable by this section shall  be  a  type  D  not-for-profit
corporation.]
  S 18. Section 11 of the cooperative corporations law, subdivision 8 as
amended by chapter 664 of the laws of 1966 and subdivisions 10 and 11 as
added by chapter 97 of the laws of 1969, is amended to read as follows:
  S 11. CERTIFICATE OF INCORPORATION; CONTENTS. Five or more persons may
form  a  corporation, under this chapter, by making[, acknowledging] and
filing a certificate of incorporation ENTITLED "CERTIFICATE OF  INCORPO-

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RATION  OF  ...... (NAME OF CORPORATION) UNDER SECTION 11 OF THE COOPER-
ATIVE CORPORATIONS LAW" which shall state:
  1. Its name. The name shall include the word "Cooperative."
  2. Its purposes, as permitted by this chapter.
  3. Its duration.
  4. The  city, village or town and the county in which its office is to
be located.
  5. The names and post office addresses of its incorporators.
  6. The number of its directors, or that the number of directors  shall
be  within  a stated minimum and maximum as the by-laws may from time to
time provide.  In either case, the number shall be not less than five.
  7. The names and post office addresses  of  the  directors  until  the
first annual meeting.
  8. Whether  organized with or without capital stock. If organized with
stock, the total amount thereof, the total number, if any, of the shares
without par value, and the total number and  par  value  of  any  shares
having  a  par value.  If the shares are to be classified, the number of
shares to be included in each class and all of the designations, prefer-
ences, privileges, and voting rights or restrictions and  qualifications
of the shares of each class.
  9. That  all  of  the  subscribers are of full age; that at least two-
thirds of them are citizens of the United States; that at least  one  of
them  is  a  resident  of the state of New York; and that of the persons
named as directors at least one is a citizen of the United States and  a
resident of the state of New York.
  10. A  designation  of  the  secretary of state as agent of the corpo-
ration upon whom process against it may be served and  the  post  office
address, within or without this state, to which [the secretary of state]
A  PERSON  shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
  11. If the corporation is to  have  a  registered  agent,  [his]  SUCH
AGENT'S  name  and  address  within  this state and a statement that the
registered agent is to be the agent of the corporation upon whom process
against it may be served.
  S 19.  The opening paragraph of subdivision 2  and  subdivision  3  of
section  18 of the general associations law, as amended by chapter 13 of
the laws of 1938, are amended to read as follows:
  Every association doing business within this state shall file  in  the
department  of  state  a  certificate in its associate name, signed [and
acknowledged] by its president, or a vice-president,  or  secretary,  or
treasurer,  or  managing director, or trustee, designating the secretary
of state as an agent upon whom  process  in  any  action  or  proceeding
against  the  association  may  be served within this state, and setting
forth an address to which [the secretary of state] A PERSON shall mail a
copy of any process against the association which  may  be  served  upon
[him]  THE  SECRETARY  OF STATE pursuant to law.  Annexed to the certif-
icate of designation shall be a statement, executed in the  same  manner
as  the certificate is required to be executed under this section, which
shall set forth:
  3.  Any association, from time to time,  may  change  the  address  to
which  [the  secretary of state] A PERSON is directed to mail [copies] A
COPY of process SERVED ON THE SECRETARY OF STATE, by filing a  statement
to that effect, executed[,] AND signed [and acknowledged] in like manner
as a certificate of designation as herein provided.
  S  20. Section 18 of the general associations law is amended by adding
two new subdivisions 5 and 6 to read as follows:

S. 6258--A                         58                         A. 9058--A

  5. ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF  STATE
SHALL  MAIL  A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
AGENT IN ANY ACTION OR  PROCEEDING  AGAINST  THE  ASSOCIATION  SHALL  BE
DEEMED  TO  BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO
WHICH  A  PERSON SHALL MAIL A COPY OF PROCESS SERVED AGAINST THE ASSOCI-
ATION AS REQUIRED BY THIS ARTICLE. ANY DESIGNATED POST OFFICE ADDRESS TO
WHICH THE SECRETARY OF STATE OR A PERSON SHALL MAIL A COPY OF ANY  PROC-
ESS  SERVED  UPON  THE  SECRETARY  OF  STATE  AS  AGENT IN ANY ACTION OR
PROCEEDING AGAINST THE ASSOCIATION SHALL CONTINUE UNTIL THE FILING OF  A
CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST
OFFICE ADDRESS.
  6.  "PROCESS"  MEANS JUDICIAL PROCESS AND ALL ORDERS, DEMANDS, NOTICES
OR OTHER PAPERS REQUIRED OR PERMITTED BY LAW TO BE PERSONALLY SERVED  ON
AN  ASSOCIATION, FOR THE PURPOSE OF ACQUIRING JURISDICTION OF SUCH ASSO-
CIATION IN ANY ACTION OR PROCEEDING, CIVIL OR  CRIMINAL,  WHETHER  JUDI-
CIAL,  ADMINISTRATIVE, ARBITRATIVE OR OTHERWISE, IN THIS STATE OR IN THE
FEDERAL COURTS SITTING IN OR FOR THIS STATE.
  S 21. Section 19 of the general associations law, as amended by  chap-
ter 166 of the laws of 1991, is amended to read as follows:
  S 19. Service of process. 1. Service of process against an association
upon  the  secretary  of state shall be made by personally delivering to
and leaving with [him] THE SECRETARY OF STATE or a deputy [secretary  of
state  or  an  associate  attorney,  senior  attorney or attorney in the
corporation division of the department of  state,  duplicate  copies  of
such  process  at  the  office of the department of state in the city of
Albany], OR WITH A PERSON  AUTHORIZED  BY  THE  SECRETARY  OF  STATE  TO
RECEIVE  SUCH  SERVICE  AT  THE OFFICE OF THE DEPARTMENT OF STATE IN THE
CITY OF ALBANY, A COPY OF SUCH PROCESS TOGETHER WITH THE  STATUTORY  FEE
OF  FORTY  DOLLARS,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT.  [At the
time of such service the plaintiff shall pay a fee of forty  dollars  to
the  secretary  of  state  which shall be a taxable disbursement. If the
cost of registered mail for transmitting a copy  of  the  process  shall
exceed two dollars, an additional fee equal to such excess shall be paid
at the time of the service of such process. The secretary of state shall
forthwith  send by registered mail one of such copies to the association
at the address fixed for that purpose, as herein provided.]
  2. SUCH SERVICE SHALL BE SUFFICIENT IF NOTICE OF SUCH SERVICE  ON  THE
SECRETARY OF STATE AND A COPY OF THE PROCESS ARE:
  (A) DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH ASSOCI-
ATION  BY  A PERSON AND IN THE MANNER AUTHORIZED TO SERVE PROCESS BY LAW
OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
  (B) SENT BY OR ON BEHALF OF  THE  PLAINTIFF  TO  SUCH  ASSOCIATION  BY
CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED, AT THE POST OFFICE ADDRESS
SPECIFIED  FOR THE PURPOSE OF MAILING PROCESS, ON FILE IN THE DEPARTMENT
OF STATE.
  3. (A) WHERE SERVICE OF A COPY OF PROCESS  WAS  EFFECTED  BY  PERSONAL
SERVICE,  PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
SECTION FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER  SUCH
SERVICE,  WITH  THE  CLERK  OF  THE COURT IN WHICH THE ACTION OR SPECIAL
PROCEEDING IS PENDING. SERVICE OF PROCESS SHALL  BE  COMPLETE  TEN  DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
  (B)  WHERE  SERVICE  OF  A  COPY OF PROCESS WAS EFFECTED BY MAILING IN
ACCORDANCE WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT  OF
COMPLIANCE  WITH  THIS  SECTION FILED, TOGETHER WITH THE PROCESS, WITHIN
THIRTY DAYS AFTER RECEIPT OF THE RETURN RECEIPT SIGNED  BY  THE  ASSOCI-
ATION,  OR  OTHER OFFICIAL PROOF OF DELIVERY OR OF THE ORIGINAL ENVELOPE

S. 6258--A                         59                         A. 9058--A

MAILED. IF A COPY OF THE PROCESS  IS  MAILED  IN  ACCORDANCE  WITH  THIS
SECTION,  THERE  SHALL  BE FILED WITH THE AFFIDAVIT OF COMPLIANCE EITHER
THE RETURN RECEIPT SIGNED BY SUCH ASSOCIATION OR OTHER OFFICIAL PROOF OF
DELIVERY OR, IF ACCEPTANCE WAS REFUSED BY IT, THE ORIGINAL ENVELOPE WITH
A  NOTATION  BY  THE  POSTAL AUTHORITIES THAT ACCEPTANCE WAS REFUSED. IF
ACCEPTANCE WAS REFUSED, A COPY OF THE NOTICE AND PROCESS  TOGETHER  WITH
NOTICE  OF  THE MAILING BY CERTIFIED MAIL AND REFUSAL TO ACCEPT SHALL BE
PROMPTLY SENT TO SUCH ASSOCIATION AT THE SAME ADDRESS BY  ORDINARY  MAIL
AND THE AFFIDAVIT OF COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS SHALL
BE  COMPLETE  TEN DAYS AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE
COURT. THE REFUSAL TO ACCEPT DELIVERY OF THE CERTIFIED MAIL OR  TO  SIGN
THE RETURN RECEIPT SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND SUCH
ASSOCIATION REFUSING TO ACCEPT SUCH CERTIFIED MAIL SHALL BE CHARGED WITH
KNOWLEDGE OF THE CONTENTS THEREOF.
  4.  If  the  action  or proceeding is instituted in a court of limited
jurisdiction, service of process may be made in the manner  provided  in
this  section if the cause of action arose within the territorial juris-
diction of the court and the office of the defendant, as  set  forth  in
its statement filed pursuant to section eighteen of this [chapter] ARTI-
CLE, is within such territorial jurisdiction.
  S  22.  Paragraph  4  of subdivision (e) of section 203 of the limited
liability company law, as added by chapter 470 of the laws of  1997,  is
amended to read as follows:
  (4)  a  designation  of the secretary of state as agent of the limited
liability company upon whom process against it may  be  served  and  the
post  office address, within or without this state, to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
limited  liability  company  served  upon  [him or her] THE SECRETARY OF
STATE;
  S 23. Paragraph 6 of subdivision (d) of section  211  of  the  limited
liability company law is amended to read as follows:
  (6)  a  change  in  the post office address to which [the secretary of
state] A PERSON shall mail a copy of any  process  against  the  limited
liability  company  served  upon  [him or her] THE SECRETARY OF STATE if
such change is made other than pursuant to section three hundred one  of
this chapter;
  S 24. Subdivisions (a) and (b) of section 211-A of the limited liabil-
ity  company  law,  as  added  by  chapter  448 of the laws of 1998, are
amended to read as follows:
  (a) A limited liability company may amend its articles of organization
from time to time to (i) specify or change the location of  the  limited
liability  company's  office;  (ii)  specify  or  change the post office
address to which [the secretary of state] A PERSON shall mail a copy  of
any  process against the limited liability company served upon [him] THE
SECRETARY OF STATE; and (iii) make, revoke or change the designation  of
a  registered  agent, or specify or change the address of the registered
agent. Any one or more such changes may  be  accomplished  by  filing  a
certificate  of  change  which  shall be entitled "Certificate of Change
of ....... (name of limited liability company) under  section  211-A  of
the  Limited Liability Company Law" and shall be signed and delivered to
the department of state. It shall set forth:
  (1) the name of the limited liability company,  and  if  it  has  been
changed, the name under which it was formed;
  (2) the date the articles of organization were filed by the department
of state; and
  (3) each change effected thereby.

S. 6258--A                         60                         A. 9058--A

  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a limited liability company served upon [him] THE SECRE-
TARY OF STATE or the address of  the  registered  agent,  provided  such
address  being  changed is the address of a person, partnership, LIMITED
LIABILITY COMPANY or corporation whose address, as agent, is the address
to be changed or who has been designated as registered  agent  for  such
limited  liability company may be signed and delivered to the department
of state by such agent. The certificate of change shall  set  forth  the
statements required under subdivision (a) of this section; that a notice
of  the  proposed  change  was  mailed to the domestic limited liability
company by the party signing the certificate not less than  thirty  days
prior  to  the date of delivery to the department of state and that such
domestic limited liability company has not objected  thereto;  and  that
the party signing the certificate is the agent of such limited liability
company  to  whose address [the secretary of state] A PERSON is required
to mail [copies] A COPY of process SERVED ON THE SECRETARY OF  STATE  or
the  registered  agent,  if  such  be the case. A certificate signed and
delivered under this subdivision shall not be deemed to effect a  change
of  location  of  the  office  of the limited liability company in whose
behalf such certificate is filed.
  S 24-a. Paragraph 2 of subdivision (b) of section 213 of  the  limited
liability company law is amended to read as follows:
  (2)  to  change  the  post  office  address to which [the secretary of
state] A PERSON shall mail a copy of any  process  against  the  limited
liability company served upon [him or her] THE SECRETARY OF STATE; and
  S 25. Subdivisions (c) and (e) of section 301 of the limited liability
company  law,  subdivision  (e) as amended by chapter 643 of the laws of
1995, are amended to read as follows:
  (c) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF  STATE  AS
AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABIL-
ITY  COMPANY  SHALL  BE  DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR
WITHOUT THIS STATE, TO WHICH A PERSON  SHALL  MAIL  A  COPY  OF  PROCESS
SERVED  AGAINST  THE LIMITED LIABILITY COMPANY AS REQUIRED BY THIS ARTI-
CLE. Any designated post office address to which the secretary of  state
OR  A  PERSON  shall mail a copy of process served upon [him or her] THE
SECRETARY OF STATE as agent of a domestic limited liability company or a
foreign limited liability company shall continue until the filing  of  a
certificate under this chapter directing the mailing to a different post
office address.
  [(e)]  (D)  Every  limited  liability  company  to  which this chapter
applies, shall biennially in the calendar month during which  its  arti-
cles  of organization or application for authority were filed, or effec-
tive date thereof if stated, file on forms prescribed by  the  secretary
of  state,  a statement setting forth the post office address, within or
without this state, to which [the secretary of  state]  A  PERSON  shall
mail  a copy of any process accepted against it served upon [him or her]
THE SECRETARY OF  STATE.  Such  address  shall  supersede  any  previous
address on file with the department of state for this purpose.
  S 26. Paragraphs 2 and 3 of subdivision (a), subdivision (c), subpara-
graph (ii) of paragraph 2 and subparagraph (ii) of paragraph 3 of subdi-
vision  (e)  of  section  301-A of the limited liability company law, as
added by chapter 448 of the  laws  of  1998,  are  amended  to  read  as
follows:

S. 6258--A                         61                         A. 9058--A

  (2)  that  the address of the party has been designated by the limited
liability company as the post office address to which [the secretary  of
state] A PERSON shall mail a copy of any process served on the secretary
of  state  as agent for such limited liability company, SUCH ADDRESS and
that such party wishes to resign.
  (3) that sixty days prior to the filing of the certificate of resigna-
tion  FOR  RECEIPT OF PROCESS with the department of state the party has
sent a copy of the certificate of resignation for receipt of process  by
registered  or  certified mail to the address of the registered agent of
the [designated] DESIGNATING limited liability company,  if  other  than
the  party filing the certificate of resignation[,] for receipt of proc-
ess, or if the [resigning] DESIGNATING limited liability company has  no
registered agent, then to the last address of the [designated] DESIGNAT-
ING limited liability company known to the party, specifying the address
to which the copy was sent. If there is no registered agent and no known
address  of  the  designating limited liability company, the party shall
attach an affidavit to the  certificate  stating  that  a  diligent  but
unsuccessful  search was made by the party to locate the limited liabil-
ity company, specifying what efforts were made.
  (c) The filing by the department of state of a certificate  of  amend-
ment  [or],  certificate of change OR BIENNIAL STATEMENT providing for a
new address by a designating limited liability company shall  annul  the
suspension  and  its  authority  to  do  business in this state shall be
restored and continued as if no suspension had occurred.
  (ii) sent by or on behalf of the plaintiff to such  limited  LIABILITY
company by registered or certified mail with return receipt requested to
the  last  address of such limited liability company known to the plain-
tiff.
  (ii) Where service of a copy of process was  effected  by  mailing  in
accordance  with this section, proof of service shall be by affidavit of
compliance with this section filed, together with  the  process,  within
thirty  days  after  receipt of the return receipt signed by the limited
liability company or other official proof of delivery or of the original
envelope mailed. If a copy of the process is mailed in  accordance  with
this  section,  there  shall  be  filed with the affidavit of compliance
either the return receipt signed by such limited  LIABILITY  company  or
other  official  proof of delivery, if acceptance was refused by it, the
original envelope with a notation by the postal authorities that accept-
ance was refused. If acceptance was refused a copy  of  the  notice  and
process  together  with notice of the mailing by registered or certified
mail and refusal to accept  shall  be  promptly  sent  to  such  limited
liability company at the same address by ordinary mail and the affidavit
of  compliance  shall so state. Service of process shall be complete ten
days after such papers are filed  with  the  clerk  of  the  court.  The
refusal  to  accept  delivery  of the registered or certified mail or to
sign the return receipt shall not affect the validity of the service and
such limited liability company refusing to  accept  such  registered  or
certified mail shall be charged with knowledge of the contents thereof.
  S  27.  Section 303 of the limited liability company law, subdivisions
(a) and (b) as relettered by chapter 341 of the laws of 1999, is amended
to read as follows:
  S 303. Service of process on limited liability companies.  (a) Service
of process on the secretary of state as  agent  of  a  domestic  limited
liability company [or], authorized foreign limited liability company, OR
OTHER  BUSINESS  ENTITY  THAT  HAS  DESIGNATED THE SECRETARY OF STATE AS
AGENT FOR SERVICE OF PROCESS PURSUANT TO ARTICLE  TEN  OF  THIS  CHAPTER

S. 6258--A                         62                         A. 9058--A

shall be made by personally delivering to and leaving with the secretary
of  state or [his or her] A deputy, or with any person authorized by the
secretary of state to receive such service, at the office of the depart-
ment  of  state in the city of Albany, [duplicate copies] A COPY of such
process together with the statutory fee, which fee shall  be  a  taxable
disbursement.  [Service  of  process  on  such limited liability company
shall be complete when the secretary of state is so served.  The  secre-
tary  of state shall promptly send one of such copies by certified mail,
return receipt requested, to such limited liability company at the  post
office  address  on  file  in the department of state specified for that
purpose.]
  (b) SUCH SERVICE SHALL BE SUFFICIENT IF NOTICE OF SUCH SERVICE ON  THE
SECRETARY OF STATE AND A COPY OF THE PROCESS ARE:
  (1) DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH LIMITED
LIABILITY  COMPANY  BY  A  PERSON  AND IN THE MANNER AUTHORIZED TO SERVE
PROCESS BY LAW OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
  (2) SENT BY OR ON BEHALF OF THE PLAINTIFF TO  SUCH  LIMITED  LIABILITY
COMPANY  BY  CERTIFIED  MAIL  WITH  RETURN RECEIPT REQUESTED AT THE POST
OFFICE ADDRESS SPECIFIED FOR THE PURPOSE OF MAILING PROCESS ON  FILE  IN
THE DEPARTMENT OF STATE.
  (C)  WHERE  SERVICE  OF  A  COPY  OF  PROCESS WAS EFFECTED BY PERSONAL
SERVICE, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH  THIS
SECTION  FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER SUCH
SERVICE WITH THE CLERK OF THE COURT  IN  WHICH  THE  ACTION  OR  SPECIAL
PROCEEDING  IS  PENDING.  SERVICE  OF PROCESS SHALL BE COMPLETE TEN DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
  (D) WHERE SERVICE OF A COPY OF PROCESS  WAS  EFFECTED  BY  MAILING  IN
ACCORDANCE  WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF
COMPLIANCE WITH THIS SECTION FILED, TOGETHER WITH  THE  PROCESS,  WITHIN
THIRTY  DAYS  AFTER  RECEIPT OF THE RETURN RECEIPT SIGNED BY THE LIMITED
LIABILITY COMPANY, OR  OTHER  OFFICIAL  PROOF  OF  DELIVERY  OR  OF  THE
ORIGINAL  ENVELOPE MAILED. IF A COPY OF THE PROCESS IS MAILED IN ACCORD-
ANCE WITH THIS SECTION, THERE SHALL  BE  FILED  WITH  THE  AFFIDAVIT  OF
COMPLIANCE  EITHER  THE  RETURN RECEIPT SIGNED BY SUCH LIMITED LIABILITY
COMPANY OR OTHER PROOF OF DELIVERY OR, IF ACCEPTANCE WAS REFUSED BY  IT,
THE  ORIGINAL  ENVELOPE  WITH  A NOTATION BY THE POSTAL AUTHORITIES THAT
ACCEPTANCE WAS REFUSED. IF ACCEPTANCE WAS REFUSED, A COPY OF THE  NOTICE
AND  PROCESS  TOGETHER  WITH NOTICE OF THE MAILING BY CERTIFIED MAIL AND
REFUSAL TO ACCEPT SHALL BE  PROMPTLY  SENT  TO  SUCH  LIMITED  LIABILITY
COMPANY  AT  THE  SAME  ADDRESS  BY  ORDINARY  MAIL AND THE AFFIDAVIT OF
COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS SHALL BE COMPLETE TEN DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT. THE REFUSAL  TO
ACCEPT  DELIVERY  OF  THE  CERTIFIED  MAIL OR TO SIGN THE RETURN RECEIPT
SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND SUCH LIMITED  LIABILITY
COMPANY  REFUSING  TO  ACCEPT  SUCH CERTIFIED MAIL SHALL BE CHARGED WITH
KNOWLEDGE OF THE CONTENTS THEREOF. Nothing in this section  shall  limit
or affect the right to serve any process required or permitted by law to
be  served  upon  a limited liability company in any other manner now or
hereafter permitted by law or applicable rules of procedure.
  S 28. Paragraphs 1 and 4 of subdivision (a)  of  section  802  of  the
limited  liability company law, paragraph 1 as amended by chapter 643 of
the laws of 1995 and paragraph 4 as amended by chapter 470 of  the  laws
of 1997, are amended to read as follows:
  (1)  the  name  of  the  foreign  limited  liability company and, if a
foreign LIMITED liability company's name is not acceptable for  authori-
zation  pursuant to section two hundred four of this chapter, the ficti-

S. 6258--A                         63                         A. 9058--A

tious name under which it proposes to apply for authority and  do  busi-
ness  in  this state, which name shall be in compliance with section two
hundred four of this chapter and shall be used by  the  foreign  limited
liability  company  in all its dealings with the department of state and
in the conduct of its business in this state. The provisions of  section
one  hundred  thirty  of the general business law shall not apply to any
fictitious name filed by a foreign limited liability company pursuant to
this section, and a filing under  section  one  hundred  thirty  of  the
general  business  law shall not constitute the adoption of a fictitious
name;
  (4) a designation of the secretary of state as  its  agent  upon  whom
process  against it may be served and the post office address, within or
without this state, to which [the secretary of  state]  A  PERSON  shall
mail  a  copy  of  any  process  against it served upon [him or her] THE
SECRETARY OF STATE;
  S 29. Section 804-A of the limited liability company law, as added  by
chapter 448 of the laws of 1998, is amended to read as follows:
  S 804-A. Certificate of change. (a) A foreign limited liability compa-
ny  may  amend  its  application  for authority from time to time to (i)
specify or change  the  location  of  the  limited  liability  company's
office;  (ii)  specify  or  change the post office address to which [the
secretary of state] A PERSON shall mail a copy of  any  process  against
the  limited liability company served upon [him] THE SECRETARY OF STATE;
and (iii) to make, revoke or change  the  designation  of  a  registered
agent,  or  to  specify or change the address of a registered agent. Any
one or more such changes may be accomplished by filing a certificate  of
change  which shall be entitled "Certificate of Change of ........ (name
of limited liability company) under section 804-A of the Limited Liabil-
ity Company Law" and shall be signed and delivered to the department  of
state. It shall set forth:
  (1) the name of the foreign limited liability company and, if applica-
ble, the fictitious name the limited liability company has agreed to use
in  this  state pursuant to section eight hundred two of this article OR
SECTION THIRTEEN HUNDRED SIX OF THIS CHAPTER;
  (2) the date its application for authority was filed by the department
of state; and
  (3) each change effected thereby[,].
  (b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall  mail  a  copy  of  any
process  against  a  foreign limited liability company served upon [him]
THE SECRETARY OF STATE or the address of the registered agent,  provided
such address being changed is the address of a person, partnership [or],
corporation  OR OTHER LIMITED LIABILITY COMPANY whose address, as agent,
is the address to be  changed or who has been designated  as  registered
agent  for such limited liability company may be signed and delivered to
the department of state by such agent. The certificate of  change  shall
set forth the statements required under subdivision (a) of this section;
that  a  notice of the proposed change was mailed to the foreign limited
liability company by the party signing the  certificate  not  less  than
thirty days prior to the date of delivery to the department of state and
that  such  foreign  limited liability company has not objected thereto;
and that the party signing the certificate is the agent of such  foreign
limited  liability  company  to whose address [the secretary of state] A
PERSON is required to mail [copies] A COPY  of  process  SERVED  ON  THE
SECRETARY  OF  STATE  or  the  registered  agent, if such be the case. A
certificate signed and delivered under this  subdivision  shall  not  be

S. 6258--A                         64                         A. 9058--A

deemed  to  effect  a  change  of  location of the office of the foreign
limited liability company in whose behalf such certificate is filed.
  S  30.  Paragraph  6  of subdivision (b) of section 806 of the limited
liability company law is amended to read as follows:
  (6) a post office address within or without this state to  which  [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him or her] THE SECRETARY OF STATE.
  S  31.  Paragraph 11 of subdivision (a) of section 1003 of the limited
liability company law, as amended by chapter 374 of the laws of 1998, is
amended to read as follows:
  (11) a designation of the secretary of state as its  agent  upon  whom
process  against  it  may  be  served in the manner set forth in article
three of this chapter in any action or special proceeding,  and  a  post
office address, within or without this state, to which [the secretary of
state]  A  PERSON  shall  mail a copy of any process served upon [him or
her] THE SECRETARY OF STATE. Such post office  address  shall  supersede
any  prior  address  designated as the address to which process shall be
mailed;
  S 32. Subdivisions (b) and (c) of section 1101 of the limited  liabil-
ity company law are amended to read as follows:
  (b) For the change of address of the post office address to which [the
secretary  of  state]  A PERSON shall mail a copy of any process against
the limited liability company served upon [him or her] THE SECRETARY  OF
STATE  pursuant  to  section  three  hundred one of this chapter, twenty
dollars.
  (c) For the statement of address of the post office address  to  which
[the  secretary  of  state]  A  PERSON  shall mail a copy of any process
against the limited liability company  served  upon  [him  or  her]  THE
SECRETARY  OF  STATE pursuant to section three hundred one of this chap-
ter, nine dollars.
  S 33. Paragraphs 1, 5 and 6 of subdivision (a) of section 1306 of  the
limited liability company law are amended to read as follows:
  (1)  the  name  of  the foreign professional service limited liability
company.  A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE
LIMITED LIABILITY COMPANY  NAME  IS  NOT  ACCEPTABLE  FOR  AUTHORIZATION
PURSUANT  TO SECTION TWO HUNDRED FOUR OF THIS CHAPTER, MAY SUBMIT IN ITS
APPLICATION FOR AUTHORITY A FICTITIOUS NAME  UNDER  WHICH  IT  SHALL  DO
BUSINESS  IN  THIS  STATE.  A FICTITIOUS NAME SUBMITTED PURSUANT TO THIS
SECTION SHALL BE SUBJECT TO THE PROVISIONS OF SECTION TWO  HUNDRED  FOUR
OF THIS CHAPTER. A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPA-
NY  AUTHORIZED  TO  DO  BUSINESS  IN  THIS STATE UNDER A FICTITIOUS NAME
PURSUANT TO THIS SECTION SHALL USE SUCH FICTITIOUS NAME IN  ALL  OF  ITS
DEALINGS  WITH THE SECRETARY OF STATE AND IN THE CONDUCT OF ITS BUSINESS
IN THIS STATE. THE PROVISIONS OF  SECTION  ONE  HUNDRED  THIRTY  OF  THE
GENERAL  BUSINESS  LAW SHALL NOT APPLY TO ANY FICTITIOUS NAME FILED BY A
FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY PURSUANT TO  THIS
SECTION  AND  A  FILING  UNDER SECTION ONE HUNDRED THIRTY OF THE GENERAL
BUSINESS LAW SHALL NOT CONSTITUTE THE ADOPTION OF A FICTITIOUS NAME.  If
the  name  does  not  end with the words "Professional Limited Liability
Company" or "Limited Liability Company" or the abbreviation  "P.L.L.C.",
"PLLC",  "L.L.C."  or  "LLC",  it shall in addition to the foregoing set
forth the name to be used in this state, ending with the words  "Profes-
sional  Limited Liability Company" or "Limited Liability Company" or the
abbreviation "P.L.L.C.", "PLLC", "L.L.C." or "LLC";
  (5) the [city, incorporated village or town  and  the]  county  within
this state in which its office is to be located, OR IF IT SHALL MAINTAIN

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MORE THAN ONE OFFICE IN THIS STATE, THE COUNTY WITHIN THE STATE IN WHICH
THE PRINCIPAL OFFICE OF THE FOREIGN PROFESSIONAL SERVICE LIMITED LIABIL-
ITY COMPANY IS TO BE LOCATED;
  (6)  a  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address  within  or
without this state to which [the secretary of state] A PERSON shall mail
a  copy of any process against it served upon [him or her] THE SECRETARY
OF STATE; and
  S 33-a. Paragraphs (a) and (c) of section 103  of  the  not-for-profit
corporation  law, paragraph (a) as amended by chapter 807 of the laws of
1973 and paragraph (c) as amended by chapter 961 of the  laws  of  1972,
are amended to read as follows:
  (a)    Except  as  otherwise  provided  in  this section, this chapter
applies to every domestic corporation as herein defined,  and  to  every
foreign  corporation as herein defined which is authorized to conduct or
which conducts any activities in this state.  This chapter also  applies
to  any other domestic corporation or foreign corporation of any type or
kind to the extent, if any, provided  under  this  chapter  or  any  law
governing  such corporation and, if no such provision for application is
made, to the extent,  if  any,  that  the  membership  corporations  law
applied to such corporation as of the effective date of this chapter.  A
corporation formed by a special act of this state which has as its prin-
cipal  purpose an education purpose and which is a member of the univer-
sity of the state of New  York,  is  an  "education  corporation"  under
section two hundred sixteen-a of the education law.
  To  the  extent  that  the  membership corporations law or the general
corporation law applied to it as of the effective date of this  chapter,
the  corresponding  provisions  of  this  chapter apply to a corporation
heretofore formed by or pursuant to a special act of  this  state  other
than  a religious corporation or an "education corporation" under clause
(b) of subdivision one of section two hundred sixteen-a of the education
law, if (1) its principal purpose is a religious, charitable  or  educa-
tion  purpose, and (2) it is operated, supervised or controlled by or in
connection with a religious organization.    Any  such  corporation  may
elect  hereunder at any time after the effective date of this chapter to
file a RESTATED certificate of [type] INCORPORATION under section  [one]
EIGHT  hundred  [thirteen  (Certificate of type of not-for-profit corpo-
ration)] FIVE (RESTATED CERTIFICATE OF INCORPORATION).    SUCH  RESTATED
CERTIFICATE OF INCORPORATION SHALL INCLUDE:
  (1)  A  STATEMENT  THAT SUCH CORPORATION IS PERMITTED PURSUANT TO THIS
SECTION TO ELECT TO BECOME AND BE A NOT-FOR-PROFIT CORPORATION;
  (2) A STATEMENT THAT SUCH CORPORATION HAS ELECTED TO BECOME AND  BE  A
NOT-FOR-PROFIT CORPORATION OPERATED UNDER THIS CHAPTER;
  (3)  THE CHAPTER AND YEAR OF THE SPECIAL ACT OF THE LEGISLATURE CREAT-
ING SUCH CORPORATION;
  (4) THE CERTIFICATE OF INCORPORATION IN THE SAME MANNER  AS  IF  NEWLY
INCORPORATED PURSUANT TO SECTION FOUR HUNDRED TWO (CERTIFICATE OF INCOR-
PORATION;  CONTENTS),  HOWEVER  SUCH CERTIFICATE NEED NOT INCLUDE STATE-
MENTS AS TO THE INCORPORATOR OR INCORPORATORS, OR THE INITIAL  DIRECTORS
OF SUCH CORPORATION.
  Upon  the  filing of such certificate by the department of state, this
chapter shall apply in all respects to such corporation.
  This chapter also applies to any other  corporation  of  any  type  or
kind,  formed not for profit under any other chapter of the laws of this
state except a chapter of the consolidated  laws,  to  the  extent  that
provisions  of  this chapter do not conflict with the provisions of such

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unconsolidated law.  If an applicable provision of  such  unconsolidated
law  relates to a matter embraced in this chapter but is not in conflict
therewith, both provisions shall apply.  Any corporation to  which  this
chapter  is  made  applicable  by  this  paragraph shall be treated as a
"corporation" or "domestic corporation" as such terms are used  in  this
chapter,  except  that  the  purposes  of any such corporation formed or
formable under such unconsolidated law shall not  thereby  be  extended.
For the purpose of this paragraph, the effective date of this chapter as
to  corporations  to which this chapter is made applicable by this para-
graph shall be September one, nineteen hundred seventy-three.
  (c)  If any provision in articles one to thirteen  inclusive  of  this
chapter  conflicts with a provision of any subsequent articles or of any
special act under which a corporation to which this chapter  applies  is
formed,  the  provision  in  such  subsequent  article  or  special  act
prevails.  A provision of any such subsequent  article  or  special  act
relating  to  a matter referred to in articles one to thirteen inclusive
and not in conflict therewith is  supplemental  and  both  shall  apply.
Whenever  the  board  of  a [Type B] corporation, formed under a special
act, reasonably makes an interpretation as to whether a provision of the
special act or this chapter prevails, or both apply, such interpretation
shall govern unless and until a  court  determines  otherwise,  if  such
board has acted in good faith for a purpose which it reasonably believes
to  be  in the best interests of the corporation, provided however, that
such interpretation shall not bind any governmental body or officer.
  S 34. Subparagraphs 7 and 8 of paragraph (a) of  section  112  of  the
not-for-profit  corporation  law,  subparagraph  7 as amended by chapter
1058 of the laws of 1971, are amended to read as follows:
  (7)   To enforce any right given under  this  chapter  to  members,  a
director  or an officer of a [Type B or Type C] corporation.  The attor-
ney-general shall have the same status  as  such  members,  director  or
officer.
  (8)   To compel the directors and officers, or any of them, of a [Type
B or Type C] corporation which has been dissolved  [under  section  1011
(Dissolution  for  failure to file certificate of type of Not-for-Profit
Corporation Law under section 113)] to account for  the  assets  of  the
dissolved corporation.
  S 35. Section 113 of the not-for-profit corporation law is REPEALED.
  S  36.  Section 114 of the not-for-profit corporation law, as added by
chapter 847 of the laws of 1970, is amended to read as follows:
S 114. Visitation of supreme court.
  [Type B and Type C corporations] CORPORATIONS,  whether  formed  under
general or special laws, with their books and vouchers, shall be subject
to  the  visitation and inspection of a justice of the supreme court, or
of any person appointed by the court for that purpose.  If it appears by
the verified petition of a member or creditor of any  such  corporation,
that  it, or its directors, officers or agents, have misappropriated any
of the funds or property of the corporation, or diverted them  from  the
purpose of its incorporation, or that the corporation has acquired prop-
erty  in  excess of the amount which it is authorized by law to hold, or
has engaged in any business other than that stated in its certificate of
incorporation, the court may order that notice of at least  eight  days,
with  a  copy  of  the  petition,  be  served on the corporation and the
persons charged with misconduct, requiring them to show cause at a  time
and place specified, why they should not be required to make and file an
inventory  and  account of the property, effects and liabilities of such
corporation with a detailed statement of  its  transactions  during  the

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twelve months next preceding the granting of such order.  On the hearing
of such application, the court may make an order requiring such invento-
ry,  account and statement to be filed, and proceed to take and state an
account  of  the  property  and  liabilities  of the corporation, or may
appoint a referee for that purpose.   When such  account  is  taken  and
stated,  after hearing all the parties to the application, the court may
enter a final order determining the amount of property so  held  by  the
corporation,  its annual income, whether any of the property or funds of
the corporation have been  misappropriated  or  diverted  to  any  other
purpose  than  that  for  which  such  corporation was incorporated, and
whether such corporation has been engaged in any activity not covered by
its certificate of incorporation.  An appeal may be taken from the order
by any party aggrieved to the appellate division of the  supreme  court,
and to the court of appeals, as in a civil action.  No corporation shall
be  required to make and file more than one inventory and account in any
one year, nor to make a second account and inventory, while  proceedings
are pending for the statement of an account under this section.
  S 37. Section 201 of the not-for-profit corporation law, paragraph (b)
as  amended  by  chapter  847  of  the laws of 1970 and paragraph (c) as
amended by chapter 1058 of the laws of  1971,  is  amended  to  read  as
follows:
S 201. Purposes.
  (a)  A corporation, as defined in subparagraph (5)[,] OF paragraph (a)
of [S] SECTION 102 OF THIS CHAPTER (Definitions), may  be  formed  under
this  chapter as provided in paragraph (b) OF THIS SECTION unless it may
be formed under any other corporate law of this state in which event  it
may  not  be  formed  under this chapter unless such other corporate law
expressly so provides.
  (b) A corporation, [of a type  and]  for  a  purpose  or  purposes  as
follows,  may  be  formed under this chapter, provided consents required
under any other statute of this state have been obtained:
  [Type A -] (1) A not-for-profit corporation  [of  this  type]  may  be
formed  for  any  lawful non-business purpose or purposes including, but
not limited to, any one or more of the following non-pecuniary purposes:
civic, patriotic, political, social, fraternal, athletic,  agricultural,
horticultural,  animal  husbandry,  and  for a professional, commercial,
industrial, trade or service association[.
  Type B - A not-for-profit corporation of this type may be  formed  for
any  one  or  more of the following non-business purposes:], charitable,
educational,  religious,  scientific,  literary,  cultural  or  for  the
prevention of cruelty to children or animals.
  [Type  C  -]  (2)  A  not-for-profit corporation [of this type] may be
formed for any lawful business purpose to achieve  a  lawful  public  or
quasi-public objective.
  [Type  D  -]  (3)  A  not-for-profit corporation [of this type] may be
formed under this chapter when such formation is authorized by any other
corporate law of this state for any business or non-business, or pecuni-
ary or non-pecuniary, purpose or purposes specified by such other  law[,
whether  such purpose or purposes are also within types A, B, C above or
otherwise.
  (c) If a corporation is formed for purposes which are within both type
A and type B above, it is a type B corporation.   If a  corporation  has
among  its purposes any purpose which is within type C, such corporation
is a type C corporation.   A  type  D  corporation  is  subject  to  all
provisions  of this chapter which are applicable to a type B corporation
under this chapter unless provided to the contrary in,  and  subject  to

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the  contrary  provisions of, the other corporate law authorizing forma-
tion under this chapter of the type D corporation].
  S  38.  Paragraph (d) of section 304 of the not-for-profit corporation
law, as amended by chapter 168 of the laws of 1982, is amended  to  read
as follows:
  (d) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL  MAIL  A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL  BE  DEEMED
TO  BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A
PERSON SHALL MAIL A COPY OF PROCESS SERVED AGAINST  THE  CORPORATION  AS
REQUIRED  BY  THIS  ARTICLE.  Any  designated  [post-office] POST OFFICE
address to which the secretary of state OR A PERSON shall mail a copy of
process served upon [him] THE SECRETARY OF STATE as agent of a  domestic
corporation  formed under article four of this chapter or foreign corpo-
ration, shall continue until the filing  of  a  certificate  under  this
chapter  directing  the mailing to a different [post-office] POST OFFICE
address.
  S 39. Paragraph (b) of section 306 of the  not-for-profit  corporation
law is REPEALED.
  S  40.  Paragraphs  (c)  and  (d) of section 306 of the not-for-profit
corporation law are relettered paragraphs (d) and (e) and two new  para-
graphs (b) and (c) are added to read as follows:
  (B)  SERVICE OF SUCH PROCESS UPON THE SECRETARY OF STATE AS AGENT OF A
DOMESTIC OR AUTHORIZED FOREIGN CORPORATION,  OR  OTHER  BUSINESS  ENTITY
THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROC-
ESS  PURSUANT  TO  ARTICLE  NINE  OF  THIS  CHAPTER,  SHALL  BE  MADE BY
PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF  STATE  OR  A
DEPUTY, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE
SUCH  SERVICE,  AT  THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF
ALBANY, A COPY OF SUCH PROCESS TOGETHER WITH THE  STATUTORY  FEE,  WHICH
FEE SHALL BE A TAXABLE DISBURSEMENT. SUCH SERVICE SHALL BE SUFFICIENT IF
NOTICE OF SUCH SERVICE ON THE SECRETARY OF STATE AND A COPY OF THE PROC-
ESS ARE:
  (1)  DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH CORPO-
RATION BY A PERSON AND IN A MANNER AUTHORIZED TO SERVE PROCESS BY LAW OF
THE JURISDICTION IN WHICH SERVICE IS MADE; OR
  (2) SENT BY OR ON BEHALF OF  THE  PLAINTIFF  TO  SUCH  CORPORATION  BY
CERTIFIED  MAIL WITH RETURN RECEIPT REQUESTED AT THE POST OFFICE ADDRESS
SPECIFIED FOR THE PURPOSE OF MAILING PROCESS ON FILE IN  THE  DEPARTMENT
OF STATE.
  (C)  1.  WHERE  SERVICE  OF A COPY OF PROCESS WAS EFFECTED BY PERSONAL
SERVICE, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH  THIS
SECTION,  FILED TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER SUCH
SERVICE, WITH THE CLERK OF THE COURT IN  WHICH  THE  ACTION  OR  SPECIAL
PROCEEDING  IS  PENDING.  SERVICE  OF PROCESS SHALL BE COMPLETE TEN DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
  2. WHERE SERVICE OF A COPY OF  PROCESS  WAS  EFFECTED  BY  MAILING  IN
ACCORDANCE  WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF
COMPLIANCE WITH THIS SECTION, FILED TOGETHER WITH  THE  PROCESS,  WITHIN
THIRTY  DAYS  AFTER  RECEIPT  OF THE RETURN RECEIPT SIGNED BY THE CORPO-
RATION, OR OTHER OFFICIAL PROOF OF DELIVERY OR OF THE ORIGINAL  ENVELOPE
MAILED.  IF  A  COPY  OF  THE  PROCESS IS MAILED IN ACCORDANCE WITH THIS
SECTION, THERE SHALL BE FILED WITH THE AFFIDAVIT  OF  COMPLIANCE  EITHER
THE RETURN RECEIPT SIGNED BY SUCH CORPORATION OR OTHER OFFICIAL PROOF OF
DELIVERY OR, IF ACCEPTANCE WAS REFUSED BY IT, THE ORIGINAL ENVELOPE WITH
A  NOTATION  BY  THE  POSTAL AUTHORITIES THAT ACCEPTANCE WAS REFUSED. IF

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ACCEPTANCE WAS REFUSED, A COPY OF THE NOTICE AND PROCESS  TOGETHER  WITH
NOTICE  OF  THE MAILING BY CERTIFIED MAIL AND REFUSAL TO ACCEPT SHALL BE
PROMPTLY SENT TO SUCH CORPORATION AT THE SAME ADDRESS BY  ORDINARY  MAIL
AND THE AFFIDAVIT OF COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS SHALL
BE  COMPLETE  TEN DAYS AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE
COURT. THE REFUSAL TO ACCEPT DELIVERY OF THE CERTIFIED MAIL OR  TO  SIGN
THE RETURN RECEIPT SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND SUCH
CORPORATION REFUSING TO ACCEPT SUCH CERTIFIED MAIL SHALL BE CHARGED WITH
KNOWLEDGE OF THE CONTENTS THEREOF.
  S  41. Subparagraphs 2, 4 and 6 of paragraph (a) of section 402 of the
not-for-profit corporation law, subparagraph 2 as amended by chapter 847
of the laws of 1970, subparagraph 4 as amended by  chapter  679  of  the
laws  of 1985, and subparagraph 6 as added by chapter 564 of the laws of
1981 and as renumbered by chapter 132 of the laws of 1985,  are  amended
to read as follows:
  (2)  That  the corporation is a corporation as defined in subparagraph
(5) OF PARAGRAPH (a) [(5)] of section 102 (Definitions); the purpose  or
purposes for which it is formed [and the type of corporation it shall be
under section 201 (Purposes)]; and in the case of a [Type C] corporation
FORMED FOR ANY LAWFUL BUSINESS PURPOSE OR PURPOSES, the lawful public or
quasi-public objective which each business purpose will achieve.
  (4)  [In the case of a Type A, Type B, or Type C corporation, the] THE
names and addresses of the initial directors. [In the case of a  Type  D
corporation,  the  names and addresses of the initial directors, if any,
may but need not be set forth.]
  (6) A designation of the secretary of state as  agent  of  the  corpo-
ration  upon  whom  process against it may be served and the post office
address, within or without [this] THE state, to which [the secretary  of
state]  A PERSON shall mail a copy of any process against it served upon
[him] THE SECRETARY OF STATE.
  S 42. Paragraph (d) of section 502 of the  not-for-profit  corporation
law is amended to read as follows:
  (d)  A  member's  capital contribution shall be evidenced by a capital
certificate [which shall be non-transferable, except  that  the  certif-
icate  of  incorporation  of  a  Type A corporation may provide that its
capital certificates, or some of them,  may  be  transferable  to  other
members  with  the  consent  of the corporation upon specified terms and
conditions]. A CAPITAL CERTIFICATE SHALL BE NON-TRANSFERABLE  EXCEPT  AS
OTHERWISE  PROVIDED IN THE CERTIFICATE OF INCORPORATION OF A CORPORATION
THAT IS NOT ORGANIZED FOR CHARITABLE PURPOSES.
  S 43. Subparagraph 1 of paragraph (b) of section 503 of  the  not-for-
profit corporation law is REPEALED.
  S  44.  Subparagraph 1 of paragraph (b) of section 505 of the not-for-
profit corporation law is REPEALED.
  S 45. Subparagraph 3 of paragraph (a) of section 510 of  the  not-for-
profit  corporation  law, as amended by chapter 847 of the laws of 1970,
is amended to read as follows:
  (3) [If the corporation is, or would be if formed under this  chapter,
classified  as  a  Type  B  or  Type  C  corporation  under section 201,
(Purposes) such] A sale, lease, exchange or other disposition  shall  in
addition  require leave of the supreme court in the judicial district or
of the county court of the county  in  which  the  corporation  has  its
office  or principal place of carrying out the purposes for which it was
formed.

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  S 46. Paragraph (a) of section 513 of the  not-for-profit  corporation
law,  as  amended by chapter 690 of the laws of 1978, is amended to read
as follows:
  (a) A corporation [which is, or would be if formed under this chapter,
classified  as a Type B corporation] shall hold full ownership rights in
any assets consisting of funds or other real or personal property of any
kind, that may be given, granted, bequeathed or devised to or  otherwise
vested  in  such  corporation in trust for, or with a direction to apply
the same to, any purpose specified in its certificate of  incorporation,
and  shall  not  be deemed a trustee of an express trust of such assets.
Any other corporation subject to this chapter may similarly hold  assets
so  received,  unless otherwise provided by law or in the certificate of
incorporation.
  S 47. Paragraph (a) of section 601 of the  not-for-profit  corporation
law,  as amended by chapter 1058 of the laws of 1971, is amended to read
as follows:
  (a) A corporation [shall] MAY have one or more classes of members, or,
[in the case of a Type B corporation,] may have no  members[,  in  which
case  any  such  provision  for classes of members or for no members]. A
CORPORATION WHICH HAS ONE OR MORE CLASSES  OF  MEMBERS  shall  [be]  set
forth in the certificate of incorporation or the by-laws SUCH PROVISIONS
FOR  CLASSES  OF MEMBERS.  Corporations, joint-stock associations, unin-
corporated associations and partnerships, as well as  any  other  person
without limitation, may be members.
  S  48.  Subparagraph 7 of paragraph (b) of section 801 of the not-for-
profit corporation law, as amended by chapter 438 of the laws  of  1984,
is amended to read as follows:
  (7)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  49.  Subparagraph 2 of paragraph (c) of section 802 of the not-for-
profit corporation law, as amended by chapter 186 of the laws  of  1983,
is amended to read as follows:
  (2)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  50.  Subparagraphs  3  and 6 of paragraph (a) of section 803 of the
not-for-profit corporation law, paragraphs 3 and 6 as amended by chapter
168 of the laws of 1982 and paragraph 6 as renumbered by chapter 145  of
the laws of 1983, are amended to read as follows:
  (3)  That  the corporation is a corporation as defined in subparagraph
(5) OF PARAGRAPH (a) [(5)] of section 102 (Definitions)[;  the  type  of
corporation  it  is  under  section 201 (Purposes); and if the corporate
purposes are enlarged, limited or otherwise changed, the type of  corpo-
ration it shall thereafter be under section 201].
  (6)  A  designation  of  the secretary of state as agent of the corpo-
ration upon whom process against it may be served and  the  post  office
address, within or without this state, to which [the secretary of state]
A  PERSON  shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
  S 51. Paragraph (b) of section 803-A of the not-for-profit corporation
law, as amended by chapter 172 of the laws of 1999, is amended  to  read
as follows:
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against the corporation served upon [him] THE SECRETARY OF STATE

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or the address of the registered  agent,  provided  such  address  being
changed  is  the  address  of  a  person, partnership, LIMITED LIABILITY
COMPANY or other corporation whose address, as agent, is the address  to
be  changed  or  who  has  been  designated as registered agent for such
corporation, may be signed and delivered to the department of  state  by
such  agent.  The  certificate  of change shall set forth the statements
required under subparagraphs (1), (2) and (3) of paragraph (a)  of  this
section;  that  a notice of the proposed change was mailed to the corpo-
ration by the party signing the certificate not less  than  thirty  days
prior  to  the  date  of delivery to the department and that such corpo-
ration has not objected thereto; and that the party signing the  certif-
icate  is  the agent of such corporation to whose address [the secretary
of state] A PERSON is required to mail [copies] A COPY  of  any  process
against  the corporation served upon [him] THE SECRETARY OF STATE or the
registered agent, if such be the case. A certificate signed  and  deliv-
ered  under  this  paragraph  shall  not be deemed to effect a change of
location of the office of the corporation in whose behalf  such  certif-
icate is filed.
  S  52.  Subparagraph  (ii) of paragraph (a) of section 804 of the not-
for-profit corporation law, as amended by chapter 139  of  the  laws  of
1993, is amended to read as follows:
  [(ii)]  Every certificate of amendment of a corporation [classified as
type B or type C under section 201 (Purposes)] which seeks to change  or
eliminate a purpose or power enumerated in the corporation's certificate
of  incorporation,  or to add a power or purpose not enumerated therein,
shall have endorsed thereon or annexed thereto the approval of a justice
of the supreme court of the judicial district in which the office of the
corporation is located. Ten days' written notice of the application  for
such approval shall be given to the attorney-general.
  S  53. Clause (E) of subparagraph 2 of paragraph (d) of section 906 of
the not-for-profit corporation law, as amended by chapter  1058  of  the
laws of 1971, is amended to read as follows:
  (E)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served in the manner set  forth  in  paragraph
(b)  of  section  306  (Service  of  process),  in any action or special
proceeding described in [subparagraph] CLAUSE (D) OF  THIS  SUBPARAGRAPH
and  a  post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of the  process  in  such
action or special proceeding SERVED UPON THE SECRETARY OF STATE.
  S  54.  Paragraphs  (a)  and  (c) of section 907 of the not-for-profit
corporation law are amended to read as follows:
  (a) [Where any constituent corporation or the consolidated corporation
is, or would be if formed under this chapter, a  Type  B  or  a  Type  C
corporation under section 201 (Purposes) of this chapter, no] NO certif-
icate  shall  be filed pursuant to section 904 (Certificate of merger or
consolidation; contents) or section  906  (Merger  or  consolidation  of
domestic  and foreign corporations) until an order approving the plan of
merger or consolidation and authorizing the filing  of  the  certificate
has  been  made  by  the  supreme  court, as provided in this section. A
certified copy of such order shall be  annexed  to  the  certificate  of
merger  or  consolidation.  Application for the order may be made in the
judicial district in which the principal  office  of  the  surviving  or
consolidated corporation is to be located, or in which the office of one
of  the  domestic  constituent  corporations is located. The application
shall be made by all the constituent corporations jointly and shall  set
forth  by  affidavit  (1)  the  plan of merger or consolidation, (2) the

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approval required by section 903 (Approval of plan) or paragraph (b)  of
section  906  (Merger  or  consolidation  of domestic and foreign corpo-
rations) for each constituent corporation, (3) the objects and  purposes
of  each  such  corporation  to  be promoted by the consolidation, (4) a
statement of all property, and the manner in which it is  held,  and  of
all  liabilities  and  of the amount and sources of the annual income of
each such corporation, (5) whether any votes  against  adoption  of  the
resolution  approving  the  plan of merger or consolidation were cast at
the meeting at which the  resolution  as  adopted  by  each  constituent
corporation,  and (6) facts showing that the consolidation is authorized
by the laws of the jurisdictions under which  each  of  the  constituent
corporations is incorporated.
  (c)  If  the  court  shall  find  that any of the assets of any of the
constituent corporations are held for [a] ANY purpose specified [as Type
B] in paragraph (b) of section 201 or are legally required  to  be  used
for  a  particular  purpose,  but not upon a condition requiring return,
transfer or conveyance by reason of the  merger  or  consolidation,  the
court  may, in its discretion, direct that such assets be transferred or
conveyed to the surviving or consolidated corporation  subject  to  such
purpose  or  use,  or that such assets be transferred or conveyed to the
surviving or consolidated corporation or to one or more  other  domestic
or  foreign corporations or organizations engaged in substantially simi-
lar activities, upon an express  trust  the  terms  of  which  shall  be
approved by the court.
  S 55. Paragraph (a), clause (F) of subparagraph 2 of paragraph (d) and
paragraph  (f)  of section 908 of the not-for-profit corporation law are
amended to read as follows:
  (a) One or more domestic or foreign corporations [which is,  or  would
be  if  formed  under this chapter, a type A or type C corporation under
section 201 (Purposes)] may be merged or consolidated into a domestic or
foreign corporation which is, or would be if formed under  the  laws  of
this  state,  a corporation formed under the business corporation law of
this state if such merger or consolidation is not contrary to the law of
the state of incorporation of any constituent corporation. With  respect
to  such  merger  or  consolidation,  any  reference in paragraph (b) of
section 901 [of this article] (POWER  OF  MERGER  OR  CONSOLIDATION)  or
paragraph (b) of section 901 of the business corporation law to a corpo-
ration shall, unless the context otherwise requires, include both domes-
tic and foreign corporations.
  (F)  A  designation of the secretary of state as his OR HER agent upon
whom process against it may be served in the manner set forth  in  para-
graph  (b) of section 306 (Service of process), in any action or special
proceeding described in [subparagraph] CLAUSE (D) OF  THIS  SUBPARAGRAPH
and  a  post  office address, within or without the state, to which [the
secretary of state] A PERSON shall mail a copy of the  process  in  such
action or special proceeding SERVED UPON THE SECRETARY OF STATE.
  (f) [Where any constituent corporation is, or would be if formed under
this  chapter, a Type C corporation under section 201 (Purposes), no] NO
certificate shall be filed pursuant  to  this  section  until  an  order
approving the plan of merger or consolidation and authorizing the filing
of  the  certificate  has been made by the supreme court, as provided in
section 907 (Approval by the supreme court).
  S 56. Paragraphs (b) and (c) and subparagraph 3 of  paragraph  (d)  of
section  1001 of the not-for-profit corporation law, as amended by chap-
ter 434 of the laws of 2006, are amended to read as follows:

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  (b) If the corporation [is a Type B, C or D corporation  and]  has  no
assets  to distribute and no liabilities at the time of dissolution, the
plan of dissolution shall include a statement to that effect.
  (c)  If  the  corporation [is a Type B, C or D corporation and] has no
assets to distribute, other than a reserve  not  to  exceed  twenty-five
thousand  dollars  for  the  purpose  of  paying  ordinary and necessary
expenses of winding up its affairs  including  attorney  and  accountant
fees,  and liabilities not in excess of ten thousand dollars at the time
of adoption of the plan of dissolution, the plan  of  dissolution  shall
include a statement to that effect.
  (3)  if there are assets received and held by the corporation [either]
for a purpose specified [as Type B] in  paragraph  (b)  of  section  201
(Purposes)  or  which  are  legally required to be used for a particular
purpose, a statement that the assets owned by the  corporation,  subject
to  any  unpaid  liabilities of the corporation, shall be distributed as
required by any gift instrument  or  to  a  charitable  organization  or
organizations  exempt  from  taxation pursuant to federal and state laws
and  engaged  in  activities  substantially  similar  to  those  of  the
dissolved  corporation.  Each such recipient organization shall be iden-
tified and the governing instrument and amendments thereto  of  each  of
the proposed recipient organizations shall be annexed to such statement,
along  with the financial reports of each recipient organization for the
last three years and a sworn affidavit from a director  and  officer  of
each  recipient  organization  stating the purposes of the organization,
and that it is currently exempt from federal income taxation.
  S 57. Section 1002 of the not-for-profit corporation law,  as  amended
by chapter 434 of the laws of 2006, is amended to read as follows:
S 1002. Authorization of plan.
  (a)  Upon  adopting  a plan of dissolution and distribution of assets,
the board shall submit it to a vote of the members,  if  any,  and  such
plan  shall  be  approved  at a meeting of members by two-thirds vote as
provided in paragraph (c) of section 613 (Vote  of  members);  provided,
however,  that  if  the  corporation  [is a Type B, C or D corporation],
other than a corporation incorporated pursuant  to  article  15  (Public
cemetery  corporations), [and] has no assets to distribute, other than a
reserve not to exceed twenty-five thousand dollars for  the  purpose  of
paying ordinary and necessary expenses of winding up its affairs includ-
ing  attorney  and accountant fees, and liabilities not in excess of ten
thousand dollars at the time of adoption of the plan of dissolution, the
vote required by the corporation's board of directors  for  adoption  of
the  plan  of  dissolution of such a corporation or by the corporation's
members for the authorization thereof shall be:
  (1) In the case of a vote by the board of directors: (i) the number of
directors required under the certificate of incorporation, by-laws, this
chapter and any other applicable law; or
  (ii) if the number of directors actually holding office as such at the
time of the vote to adopt the plan is less than the number  required  to
constitute a quorum of directors under the certificate of incorporation,
the  by-laws,  this  chapter  or any other applicable law, the remaining
directors unanimously;
  (2) In the case of a vote by the members, (i) the  number  of  members
required  under  the certificate of incorporation, by-laws, this chapter
and any other applicable law; or (ii) by the vote of members  authorized
by  an order of the supreme court pursuant to section 608 [of this chap-
ter] (QUORUM AT  MEETING  OF  MEMBERS)  permitting  the  corporation  to
dispense with the applicable quorum requirement.

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  Notice of a special or regular meeting of the board of directors or of
the  members  entitled to vote on adoption and authorization or approval
of the plan of dissolution shall  be  sent  to  all  the  directors  and
members  of  record entitled to vote. Unless otherwise directed by order
of  the  supreme court pursuant to section 608 [of this chapter] (QUORUM
AT MEETING OF MEMBERS), the notice shall  be  sent  by  certified  mail,
return  receipt  requested,  to the last known address of record of each
director and member not fewer than thirty, and not more than sixty  days
before  the  date  of  each  meeting provided, however, that if the last
known address of record of any director or  member  is  not  within  the
United  States,  the  notice to such director shall be sent by any other
reasonable means.
  (b) If there are no members entitled to vote on the dissolution of the
corporation, the plan of dissolution and distribution of assets shall be
deemed authorized upon its adoption by the board.
  (c) Whenever a statute creating, or authorizing the  formation  of,  a
corporation  requires approval by a governmental body or officer for the
formation of such corporation, dissolution shall not be authorized with-
out the approval of such body or officer.
  (d) The plan of dissolution and  distribution  of  assets  shall  have
annexed  thereto  the  approval of a justice of the supreme court in the
judicial district in which the office of the corporation is located  [in
the  case  of a Type B, C or D corporation, and in the case of any other
corporation which holds  assets  at  the  time  of  dissolution  legally
required  to  be  used  for  a  particular purpose,] except that no such
approval shall be required with respect to the plan of dissolution of  a
corporation,  other  than a corporation incorporated pursuant to article
15 (Public cemetery corporations), which has no assets to distribute  at
the  time of dissolution, other than a reserve not to exceed twenty-five
thousand dollars for  the  purpose  of  paying  ordinary  and  necessary
expenses  of  winding  up  its affairs including attorney and accountant
fees, and liabilities not in excess of ten thousand dollars,  and  which
has  complied with the requirements of section 1001 (Plan of dissolution
and distribution of assets) and this section applicable to such a corpo-
ration. Application to the supreme court for an order for such  approval
shall be by verified petition, with the plan of dissolution and distrib-
ution  of assets and certified copies of the consents prescribed by this
section annexed thereto, and upon ten days written notice to the  attor-
ney  general  accompanied by copies of such petition, plan and consents.
In such case where approval of a justice of the  supreme  court  is  not
required  [for a Type B, C or D corporation,] a copy of such plan certi-
fied under penalties of perjury shall be filed with the attorney general
within ten days after its authorization.
  S 58. Subparagraph 1 of paragraph (c) of section 1002-a  of  the  not-
for-profit  corporation  law,  as  amended by chapter 434 of the laws of
2006, is amended to read as follows:
  (1) assets received and held by the corporation [either for a  purpose
specified  as Type B in paragraph (b) of section 201 (Purposes) or which
are legally required to be used for  a  particular  purpose,]  shall  be
distributed  to  one  or  more domestic or foreign corporations or other
organizations engaged in activities substantially similar  to  those  of
the  dissolved  corporation  pursuant  to  the  plan  of dissolution and
distribution or, if applicable, as ordered by the court  to  which  such
plan  is  submitted  for  approval  under section 1002 (Authorization of
plan). Any disposition of assets contained in a will  or  other  instru-
ment, in trust or otherwise, made before or after the dissolution, to or

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for  the  benefit  of any corporation so dissolved shall inure to or for
the benefit of the corporation or organization acquiring such assets  of
the  dissolved corporation as provided in this section, and so far as is
necessary  for  that  purpose  the corporation or organization acquiring
such disposition shall be deemed a successor  to  the  dissolved  corpo-
ration  with respect to such assets; provided, however, that such dispo-
sition shall be devoted by the acquiring corporation or organization  to
the purposes intended by the testator, donor or grantor.
  S  59. Subparagraph 4 of paragraph (a) of section 1003 of the not-for-
profit corporation law is REPEALED.
  S 60. Subparagraph 2 of paragraph (b) of section 1003 of the  not-for-
profit  corporation  law, as amended by chapter 434 of the laws of 2006,
is amended to read as follows:
  (2) By the attorney general [in the case of a Type B, C  or  D  corpo-
ration,  or  any  other  corporation  that  holds  assets at the time of
dissolution legally required to be used for a particular purpose].
  S 61. Subparagraph 15 of paragraph (a) of section 1008 of the not-for-
profit corporation law, as amended by chapter 434 of the laws  of  2006,
is amended to read as follows:
  (15) Where assets were received and held by the corporation either for
a  purpose  specified  [as  Type  B]  in  paragraph  (b)  of section 201
(Purposes), or were  legally  required  to  be  used  for  a  particular
purpose,  the  distribution  of  such  assets to one or more domestic or
foreign  corporations  or  other  organizations  engaged  in  activities
substantially  similar  to those of the dissolved corporation, on notice
to the attorney general and to such other persons, and in  such  manner,
as the court may deem proper.
  S  62.  Subparagraph  6  of paragraph (a) and paragraph (h) of section
1012 of the not-for-profit corporation law are REPEALED.
  S 63. Section 1302 of the not-for-profit corporation law,  as  amended
by chapter 847 of the laws of 1970, is amended to read as follows:
S 1302. Application to existing authorized foreign corporations.
  Every  foreign corporation which on the effective date of this chapter
is authorized to conduct activities in this state under a certificate of
authority heretofore issued to  it  by  the  secretary  of  state  shall
continue to have such authority.  Such foreign corporation, its members,
directors,  and  officers  shall  have  the same rights, franchises, and
privileges and shall be subject to the same  limitations,  restrictions,
liabilities,  and  penalties  as  a foreign corporation authorized under
this chapter, its members,  directors,  and  officers  respectively.  [A
foreign corporation may by amendment to its certificate of authority set
forth the type of corporation it is under section 201 (Purposes); and in
the absence of such amendment an authorized foreign corporation shall be
a  Type  B corporation.] Reference in this chapter to an application for
authority shall, unless the  context  otherwise  requires,  include  the
statement and designation and any amendment thereof required to be filed
by  the  secretary of state under prior statutes to obtain a certificate
of authority.
  S 64. Intentionally omitted.
  S 65. Subparagraphs 4 and 6 of paragraph (a) of section  1304  of  the
not-for-profit corporation law, subparagraph 4 as amended by chapter 847
of  the laws of 1970 and such subparagraphs as renumbered by chapter 590
of the laws of 1982, are amended to read as follows:
  (4) That the corporation  is  a  foreign  corporation  as  defined  in
subparagraph  [(a)]  (7)  OF PARAGRAPH (A) of section 102 (Definitions);
[the type of corporation it shall be under section  201  (Purposes);]  a

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statement  of its purposes to be pursued in this state and of the activ-
ities which it proposes to conduct in this state; a statement that it is
authorized to conduct those activities in the jurisdiction of its incor-
poration; and in the case of a [Type C] corporation THAT WILL PURSUE ANY
LAWFUL  BUSINESS PURPOSE OR PURPOSES IN THIS STATE, the lawful public or
quasi-public objective which each business purpose will achieve.
  (6) A designation of the secretary of state as  its  agent  upon  whom
process  against it may be served and the post office address, within or
without this state, to which [the secretary of  state]  A  PERSON  shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
  S  66. Subparagraph 7 of paragraph (a) of section 1308 of the not-for-
profit corporation law, as renumbered by chapter  186  of  the  laws  of
1983, is amended to read as follows:
  (7)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy  of  any  process  against  it
served upon [him] THE SECRETARY OF STATE.
  S  67.  Subparagraph  2  of paragraph (a) and paragraph (c) of section
1310 of the not-for-profit corporation law, paragraph (c) as amended  by
chapter 172 of the laws of 1999, are amended to read as follows:
  (2)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy  of  any  process  against  it
served upon [him] THE SECRETARY OF STATE.
  (c) A certificate of change of application for authority which changes
only  the post office address to which [the secretary of state] A PERSON
shall mail a copy of any process against an  authorized  foreign  corpo-
ration  served  upon  [him]  THE SECRETARY OF STATE or which changes the
address of its registered agent, provided such address is the address of
a person, partnership, LIMITED LIABILITY COMPANY  or  other  corporation
whose  address,  as  agent, is the address to be changed or who has been
designated as registered agent for such authorized foreign  corporation,
may  be  signed  and delivered to the department of state by such agent.
The certificate of change of application for authority shall  set  forth
the  statements  required  under  subparagraphs (1), (2), (3) and (4) of
paragraph (b) of this section; that a notice of the proposed change  was
mailed  by  the  party signing the certificate to the authorized foreign
corporation not less than thirty days prior to the date of  delivery  to
the  department  and that such corporation has not objected thereto; and
that the party signing the certificate is  the  agent  of  such  foreign
corporation  to  whose  address  [the  secretary  of  state] A PERSON is
required to mail copies of process SERVED ON THE SECRETARY OF  STATE  or
the  registered  agent,  if  such  be the case. A certificate signed and
delivered under this paragraph shall not be deemed to effect a change of
location of the office of the corporation in whose behalf  such  certif-
icate is filed.
  S  68. Subparagraph 6 of paragraph (a) and subparagraph 4 of paragraph
(d) of section 1311 of the not-for-profit corporation law are amended to
read as follows:
  (6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  (4) The changed post office address, within or without this state,  to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.
  S  69.  Section 1312 of the not-for-profit corporation law, as amended
by chapter 375 of the laws of 1998, is amended to read as follows:

S. 6258--A                         77                         A. 9058--A

S 1312. Termination of existence.
  When  an  authorized foreign corporation is dissolved or its authority
or existence is otherwise terminated or cancelled in the jurisdiction of
its incorporation or when such foreign corporation  is  merged  into  or
consolidated  with  another  foreign  corporation,  a certificate of the
secretary of state, or official performing the equivalent function as to
corporate records, of the jurisdiction of incorporation of such  foreign
corporation attesting to the occurrence of any such event or a certified
copy of an order or decree of a court of such jurisdiction directing the
dissolution  of  such foreign corporation, the termination of its exist-
ence or the cancellation of its authority  shall  be  delivered  to  the
department  of  state.    The filing of the certificate, order or decree
shall have the same effect as the filing of a certificate  of  surrender
of authority under section 1311 (Surrender of authority).  The secretary
of  state  shall  continue as agent of the foreign corporation upon whom
process against it may be served in the manner set  forth  in  paragraph
(b)  of  section  306  (Service  of  process),  in any action or special
proceeding based upon  any  liability  or  obligation  incurred  by  the
foreign  corporation  within  this  state  prior  to  the filing of such
certificate, order or decree and [he] THE PERSON  SERVING  SUCH  PROCESS
shall  promptly cause a copy of any such process to be mailed by [regis-
tered] CERTIFIED mail, return receipt requested, to such foreign  corpo-
ration  at  the  post  office address on file in [his] THE office OF THE
SECRETARY OF STATE specified for such purpose.  The post office  address
may  be  changed  by signing and delivering to the department of state a
certificate of  change  setting  forth  the  statements  required  under
section 1310 (Certificate of change, contents) to effect a change in the
post  office  address  under  subparagraph [(a)] (4) OF PARAGRAPH (A) of
section 1308 (Amendments or changes).
  S 70. Subparagraphs 1, 2 and 3 of paragraph (a) of section 1321 of the
not-for-profit corporation law, as amended by chapter 847 of the laws of
1970, are amended to read as follows:
  [(1)] The [corporation is a Type A  corporation  under  this  chapter;
its]  CORPORATION'S  principal  activities  are  conducted  outside this
state; [the greater part of its property is located outside this state;]
and (1) less than one third of its members are residents of this  state;
or
  (2)  [The  corporation is a Type B corporation under this chapter; its
principal activities are conducted outside this state; the greater  part
of  its  property  is located outside this state; and] less than ten per
cent of its annual revenues is derived from solicitation of funds within
this state; or
  (3) [The corporation is a Type C corporation under this  chapter;  its
principal  activities are conducted outside this state; the greater part
of its property is located outside this state; and] less than  one  half
of  its  revenues  for the preceding three fiscal years, or such portion
thereof as the foreign corporation was in existence,  was  derived  from
sources within this state.
  S  71. Paragraph (d) of section 1401 of the not-for-profit corporation
law is REPEALED.
  S 72. Paragraph (b) of section 1402 of the not-for-profit  corporation
law is REPEALED.
  S  73. Paragraph (c) of section 1403 of the not-for-profit corporation
law is REPEALED.
  S 74. Paragraph (b) of section 1404 of the not-for-profit  corporation
law is REPEALED.

S. 6258--A                         78                         A. 9058--A

  S  75. Paragraph (b) of section 1405 of the not-for-profit corporation
law is REPEALED.
  S  76. Paragraph (b) of section 1406 of the not-for-profit corporation
law is REPEALED.
  S 77. Paragraph (b) of section 1407 of the not-for-profit  corporation
law is REPEALED.
  S  78. Paragraph (b) of section 1408 of the not-for-profit corporation
law is REPEALED.
  S 79. Paragraph (b) of section 1409 of the not-for-profit  corporation
law is REPEALED.
  S 80.  Paragraph (b) of section 1410 of the not-for-profit corporation
law is REPEALED.
  S  81. Paragraph (b) of section 1411 of the not-for-profit corporation
law is REPEALED.
  S 82. Paragraph (d) of section 1412 of the not-for-profit  corporation
law is REPEALED.
  S  83. Paragraph (c) of section 1505 of the not-for-profit corporation
law is REPEALED.
  S 84. Subdivision  (c) of section 121-104 of the partnership  law,  as
added by chapter 950 of the laws of 1990, is amended to read as follows:
  (c)    ANY  DESIGNATED  POST  OFFICE ADDRESS TO WHICH THE SECRETARY OF
STATE SHALL MAIL A COPY OF ANY PROCESS  SERVED  UPON  THE  SECRETARY  OF
STATE  AS  AGENT  OF  A  DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED
PARTNERSHIP SHALL BE DEEMED TO BE THE POST  OFFICE  ADDRESS,  WITHIN  OR
WITHOUT  THIS  STATE,  TO  WHICH  A  PERSON SHALL MAIL A COPY OF PROCESS
SERVED AGAINST THE LIMITED PARTNERSHIP AS REQUIRED BY THIS ARTICLE.  Any
designated  post  office  address  to  which the secretary of state OR A
PERSON shall mail a copy of process served upon [him] THE  SECRETARY  OF
STATE  as  agent  of  a  domestic limited partnership or foreign limited
partnership shall continue until the filing of a certificate under  this
article directing the mailing to a different post office address.
  S 85. Paragraphs 1, 2 and 3 of subdivision (a) of section 121-104-A of
the  partnership  law,  as added by chapter 448 of the laws of 1998, are
amended to read as follows:
  (1) the name of the limited partnership and the date that  its  [arti-
cles  of organization] CERTIFICATE OF LIMITED PARTNERSHIP or application
for authority was filed by the department of state.
  (2) that the address of the party has been designated by  the  limited
partnership as the post office address to which [the secretary of state]
A  PERSON  shall  mail  a copy of any process served on the secretary of
state as agent for such limited partnership, and that such party  wishes
to resign.
  (3) that sixty days prior to the filing of the certificate of resigna-
tion  FOR  RECEIPT OF PROCESS with the department of state the party has
sent a copy of the certificate of resignation for receipt of process  by
registered  or  certified mail to the address of the registered agent of
the [designated] DESIGNATING limited  partnership,  if  other  than  the
party  filing  the certificate of resignation[,] for receipt of process,
or if the [resigning] DESIGNATING limited partnership has no  registered
agent,  then to the last address of the [designated] DESIGNATING limited
partnership, known to the party, specifying the  address  to  which  the
copy  was  sent. If there is no registered agent and no known address of
the designating limited partnership the party shall attach an  affidavit
to  the  certificate stating that a diligent but unsuccessful search was
made by the party to locate the  limited  partnership,  specifying  what
efforts were made.

S. 6258--A                         79                         A. 9058--A

  S  86.  Subdivision  (a)  of section 121-109 of the partnership law is
REPEALED and a new subdivision (a) is added to read as follows:
  (A)  (1)  SERVICE OF SUCH PROCESS UPON THE SECRETARY OF STATE AS AGENT
OF A DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP, OR OTHER  BUSI-
NESS  ENTITY  THAT  HAS  DESIGNATED  THE SECRETARY OF STATE AS AGENT FOR
SERVICE OF PROCESS PURSUANT TO THIS CHAPTER, SHALL BE MADE BY PERSONALLY
DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE OR  A  DEPUTY,  OR
WITH  A  PERSON  AUTHORIZED  BY  THE  SECRETARY OF STATE TO RECEIVE SUCH
SERVICE, AT THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF ALBANY,
A COPY OF SUCH PROCESS TOGETHER WITH THE STATUTORY FEE, WHICH FEE  SHALL
BE A TAXABLE DISBURSEMENT. SUCH SERVICE SHALL BE SUFFICIENT IF NOTICE OF
SUCH SERVICE ON THE SECRETARY OF STATE AND A COPY OF THE PROCESS ARE:
  (I) DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH LIMITED
PARTNERSHIP BY A PERSON AND IN THE MANNER AUTHORIZED TO SERVE PROCESS BY
LAW OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
  (II) SENT BY OR ON BEHALF OF THE PLAINTIFF TO SUCH LIMITED PARTNERSHIP
BY  CERTIFIED  MAIL  WITH  RETURN  RECEIPT REQUESTED, AT THE POST OFFICE
ADDRESS SPECIFIED FOR THE PURPOSE OF MAILING PROCESS,  ON  FILE  IN  THE
DEPARTMENT OF STATE.
  (2)  WHERE  SERVICE  OF  A  COPY  OF  PROCESS WAS EFFECTED BY PERSONAL
SERVICE, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH  THIS
SECTION  FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER SUCH
SERVICE, WITH THE CLERK OF THE COURT IN  WHICH  THE  ACTION  OR  SPECIAL
PROCEEDING  IS  PENDING.  SERVICE  OF PROCESS SHALL BE COMPLETE TEN DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
  (3) WHERE SERVICE OF A COPY OF PROCESS  WAS  EFFECTED  BY  MAILING  IN
ACCORDANCE  WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF
COMPLIANCE WITH THIS SECTION FILED, TOGETHER WITH  THE  PROCESS,  WITHIN
THIRTY  DAYS  AFTER  RECEIPT OF THE RETURN RECEIPT SIGNED BY THE LIMITED
PARTNERSHIP, OR OTHER OFFICIAL PROOF OF  DELIVERY  OR  OF  THE  ORIGINAL
ENVELOPE  MAILED.  IF A COPY OF THE PROCESS IS MAILED IN ACCORDANCE WITH
THIS SECTION, THERE SHALL BE FILED  WITH  THE  AFFIDAVIT  OF  COMPLIANCE
EITHER  THE  RETURN  RECEIPT SIGNED BY SUCH LIMITED PARTNERSHIP OR OTHER
OFFICIAL PROOF OF DELIVERY OR, IF ACCEPTANCE  WAS  REFUSED  BY  IT,  THE
ORIGINAL ENVELOPE WITH A NOTATION BY THE POSTAL AUTHORITIES THAT ACCEPT-
ANCE  WAS  REFUSED.  IF ACCEPTANCE WAS REFUSED, A COPY OF THE NOTICE AND
PROCESS TOGETHER WITH NOTICE  OF  THE  MAILING  BY  CERTIFIED  MAIL  AND
REFUSAL  TO ACCEPT SHALL BE PROMPTLY SENT TO SUCH LIMITED PARTNERSHIP AT
THE SAME ADDRESS BY ORDINARY MAIL AND THE AFFIDAVIT OF COMPLIANCE  SHALL
SO  STATE.  SERVICE  OF  PROCESS  SHALL  BE COMPLETE TEN DAYS AFTER SUCH
PAPERS ARE FILED WITH THE CLERK OF THE  COURT.  THE  REFUSAL  TO  ACCEPT
DELIVERY  OF  THE CERTIFIED MAIL OR TO SIGN THE RETURN RECEIPT SHALL NOT
AFFECT THE VALIDITY OF THE SERVICE AND SUCH LIMITED PARTNERSHIP REFUSING
TO ACCEPT SUCH CERTIFIED MAIL SHALL BE CHARGED  WITH  KNOWLEDGE  OF  THE
CONTENTS THEREOF.
  S  87.  Paragraph 3 of subdivision (a) of section 121-201 of the part-
nership law, as amended by chapter 264 of the laws of 1991,  is  amended
to read as follows:
  (3)  a  designation  of the secretary of state as agent of the limited
partnership upon whom process against it may  be  served  and  the  post
office address, within or without this state, to which [the secretary of
state]  A PERSON shall mail a copy of any process against it served upon
[him] THE SECRETARY OF STATE;
  S 88. Paragraph 4 of subdivision (b) of section 121-202 of  the  part-
nership  law,  as amended by chapter 576 of the laws of 1994, is amended
to read as follows:

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  (4) a change in the name of the limited partnership, or  a  change  in
the post office address to which [the secretary of state] A PERSON shall
mail  a  copy  of  any process against the limited partnership served on
[him] THE SECRETARY OF STATE, or a change in the name or address of  the
registered  agent, if such change is made other than pursuant to section
121-104 or 121-105 of this article.
  S 89. Section 121-202-A of the partnership law, as  added  by  chapter
448  of  the  laws of 1998, paragraph 2 of subdivision (a) as amended by
chapter 172 of the laws of 1999, is amended to read as follows:
  S 121-202-A. Certificate of change. (a) A certificate of limited part-
nership may be changed by filing with the department of state a  certif-
icate of change entitled "Certificate of Change of ..... (name of limit-
ed   partnership)   under  Section  121-202-A  of  the  Revised  Limited
Partnership Act" and shall be signed and delivered to the department  of
state. A certificate of change may (i) specify or change the location of
the limited partnership's office; (ii) specify or change the post office
address  to which [the secretary of state] A PERSON shall mail a copy of
process against the limited partnership served upon [him] THE  SECRETARY
OF  STATE;  and (iii) make, revoke or change the designation of a regis-
tered agent, or to specify or  change  the  address  of  its  registered
agent. It shall set forth:
  (1)  the  name of the limited partnership, and if it has been changed,
the name under which it was formed;
  (2) the date its certificate of limited partnership was filed  by  the
department of state; and
  (3) each change effected thereby.
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a limited partnership served upon [him] THE SECRETARY OF
STATE or the address of the  registered  agent,  provided  such  address
being changed is the address of a person, partnership, LIMITED LIABILITY
COMPANY  or  corporation  whose  address, as agent, is the address to be
changed or who has been designated as registered agent for such  limited
partnership  shall be signed and delivered to the department of state by
such agent. The certificate of change shall  set  forth  the  statements
required  under  subdivision  (a)  of this section; that a notice of the
proposed change was mailed to the domestic limited  partnership  by  the
party  signing  the  certificate  not less than thirty days prior to the
date of delivery to the department  of  state  and  that  such  domestic
limited partnership has not objected thereto; and that the party signing
the  certificate  is  the  agent  of  such  limited partnership to whose
address [the secretary of state] A PERSON is required to mail [copies] A
COPY of process SERVED ON THE  SECRETARY  OF  STATE  or  the  registered
agent,  if  such  be  the case. A certificate signed and delivered under
this subdivision shall not be deemed to effect a change of  location  of
the  office  of the limited partnership in whose behalf such certificate
is filed.
  S 90. Paragraph 4 of subdivision (a) of section 121-902 of  the  part-
nership  law,  as amended by chapter 172 of the laws of 1999, is amended
to read as follows:
  (4) a designation of the secretary of state as  its  agent  upon  whom
process  against it may be served and the post office address, within or
without this state, to which [the secretary of  state]  A  PERSON  shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE;

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  S  91.  Section  121-903-A of the partnership law, as added by chapter
448 of the laws of 1998, is amended to read as follows:
  S  121-903-A. Certificate of change. (a) A foreign limited partnership
may change its application for authority by filing with  the  department
of  state  a  certificate  of  change  entitled  "Certificate  of Change
of ........ (name of limited partnership) under Section 121-903-A of the
Revised Limited Partnership Act" and shall be signed  and  delivered  to
the  department  of  state.  A  certificate of change may (i) change the
location of the limited  partnership's  office;  (ii)  change  the  post
office  address  to which [the secretary of state] A PERSON shall mail a
copy of process against the limited partnership served  upon  [him]  THE
SECRETARY  OF STATE; and (iii) make, revoke or change the designation of
a registered agent, or to specify or change the address  of  its  regis-
tered agent. It shall set forth:
  (1)  the  name  of the foreign limited partnership and, if applicable,
the fictitious name the foreign limited partnership has agreed to use in
this state pursuant to section 121-902 of this article;
  (2) the date its application for authority was filed by the department
of state; and
  (3) each change effected thereby.
  (b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall  mail  a  copy  of  any
process  against  a  foreign  limited  partnership served upon [him] THE
SECRETARY OF STATE or the address of the registered agent, provided such
address being changed is the address of a person,  partnership,  LIMITED
LIABILITY COMPANY or corporation whose address, as agent, is the address
to  be  changed  or who has been designated as registered agent for such
foreign limited partnership shall be signed and delivered to the depart-
ment of state by such agent. The certificate of change shall  set  forth
the  statements  required  under subdivision (a) of this section; that a
notice of the proposed change was mailed to the foreign limited partner-
ship by the party signing the certificate  not  less  than  thirty  days
prior  to  the date of delivery to the department of state and that such
foreign limited partnership has not objected thereto; and that the party
signing the certificate is the agent of such foreign limited partnership
to whose address [the secretary of state] A PERSON is required  to  mail
[copies]  A  COPY  of  process  SERVED  ON THE SECRETARY OF STATE or the
registered agent, if such be the case. A certificate signed  and  deliv-
ered  under  this  subdivision shall not be deemed to effect a change of
location of the office of the limited partnership in whose  behalf  such
certificate is filed.
  S  92.  Paragraph 6 of subdivision (b) of section 121-905 of the part-
nership law, as added by chapter 950 of the laws of 1990, is amended  to
read as follows:
  (6) a post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  S  93. Paragraph 7 of subdivision (a) of section 121-1103 of the part-
nership law, as added by chapter 950 of the laws of 1990, is amended  to
read as follows:
  (7)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served in the  manner  set  forth  in  section
121-109  of this article in any action or special proceeding, and a post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process served upon  [him]  THE

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SECRETARY  OF STATE.  Such post office address shall supersede any prior
address designated as the address to which process shall be mailed.
  S  94.  Subparagraphs  2  and 4 of paragraph (I) of subdivision (a) of
section 121-1500 of the partnership law,  subparagraph  2  as  added  by
chapter 576 of the laws of 1994 and subparagraph 4 as amended by chapter
643  of  the  laws of 1995 and such paragraph as redesignated by chapter
767 of the laws of 2005, are amended to read as follows:
  (2) the address, WITHIN THIS STATE, of the  principal  office  of  the
partnership without limited partners;
  (4)  a  designation of the secretary of state as agent of the partner-
ship without limited partners upon whom process against it may be served
and the post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
[or] served [upon it] ON THE SECRETARY OF STATE;
  S 95. Subdivision (j-1) of section 121-1500 of the partnership law, as
added by chapter 448 of the laws of 1998, is amended to read as follows:
  (j-1) A certificate of change  which  changes  only  the  post  office
address  to which [the secretary of state] A PERSON shall mail a copy of
any process against a registered limited  liability  partnership  served
upon  [him]  THE  SECRETARY  OF  STATE  or the address of the registered
agent, provided such address being changed is the address of  a  person,
partnership, LIMITED LIABILITY COMPANY, or corporation whose address, as
agent, is the address to be changed or who has been designated as regis-
tered  agent  for such registered limited liability partnership shall be
signed and delivered to the department  of  state  by  such  agent.  The
certificate  of  change  shall set forth: (i) the name of the registered
limited liability partnership and, if it  has  been  changed,  the  name
under  which  it was originally filed with the department of state; (ii)
the date of filing of its  initial  registration  or  notice  statement;
(iii)  each  change effected thereby; (iv) that a notice of the proposed
change was mailed to the limited  liability  partnership  by  the  party
signing  the  certificate not less than thirty days prior to the date of
delivery to the department of state  and  that  such  limited  liability
partnership has not objected thereto; and (v) that the party signing the
certificate  is the agent of such limited liability partnership to whose
address [the secretary of state] A PERSON is required to mail [copies] A
COPY of process SERVED ON THE  SECRETARY  OF  STATE  or  the  registered
agent,  if  such  be  the case. A certificate signed and delivered under
this subdivision shall not be deemed to effect a change of  location  of
the  office  of  the  limited liability partnership in whose behalf such
certificate is filed. The certificate of change shall be accompanied  by
a fee of five dollars.
  S  96.  Subdivision (a) of section 121-1502 of the partnership law, as
amended by chapter 643 of the laws of 1995, paragraph (v) as amended  by
chapter 470 of the laws of 1997, is amended to read as follows:
  (a)  In  order for a foreign limited liability partnership to carry on
or conduct or transact business or activities as a New  York  registered
foreign limited liability partnership in this state, such foreign limit-
ed  liability  partnership  shall  file  with  the department of state a
notice which shall set forth: (i)  the  name  under  which  the  foreign
limited liability partnership intends to carry on or conduct or transact
business  or  activities  in  this state; (ii) the date on which and the
jurisdiction in which it registered as a limited liability  partnership;
(iii)  the  address,  WITHIN  THIS STATE, of the principal office of the
foreign  limited  liability  partnership;   (iv)   the   profession   or
professions  to  be practiced by such foreign limited liability partner-

S. 6258--A                         83                         A. 9058--A

ship and a statement that it is a foreign limited liability  partnership
eligible  to  file a notice under this chapter; (v) a designation of the
secretary of state as agent of the foreign limited liability partnership
upon  whom process against it may be served and the post office address,
within or without this state, to which [the secretary of state] A PERSON
shall mail a copy of any process against it [or] served  upon  [it]  THE
SECRETARY OF STATE; (vi) if the foreign limited liability partnership is
to  have  a  registered  agent, its name and address in this state and a
statement that the registered agent is to be the agent  of  the  foreign
limited  liability  partnership  upon  whom  process  against  it may be
served; (vii) a statement that its registration as a  limited  liability
partnership is effective in the jurisdiction in which it registered as a
limited  liability partnership at the time of the filing of such notice;
(viii) a statement that the foreign  limited  liability  partnership  is
filing  a  notice  in  order  to  obtain status as a New York registered
foreign limited liability partnership; (ix) if the registration  of  the
foreign limited liability partnership is to be effective on a date later
than  the  time  of  filing, the date, not to exceed sixty days from the
date of filing, of  such  proposed  effectiveness;  and  (x)  any  other
matters  the foreign limited liability partnership determines to include
in the notice. Such notice shall be accompanied by either (1) a copy  of
the  last  registration  or renewal registration (or similar filing), if
any, filed by the foreign limited liability partnership with the  juris-
diction  where it registered as a limited liability partnership or (2) a
certificate, issued by the jurisdiction where it registered as a limited
liability partnership, substantially to the  effect  that  such  foreign
limited  liability  partnership  has  filed  a registration as a limited
liability partnership which is effective on the date of the  certificate
(if  such  registration,  renewal  registration  or  certificate is in a
foreign language, a translation thereof under  oath  of  the  translator
shall  be  attached thereto). Such notice shall also be accompanied by a
fee of two hundred fifty dollars.
  S 97. Subdivision (i-1) of section 121-1502 of the partnership law, as
added by   chapter 448 of the laws  of  1998,  is  amended  to  read  as
follows:
  (i-1)  A  certificate  of  change  which  changes only the post office
address to which the secretary of state shall mail a copy of any process
against a New York  registered  foreign  limited  liability  partnership
served  upon  him  or the address of the registered agent, provided such
address being changed is the address of a person,  partnership,  LIMITED
LIABILITY COMPANY or corporation whose address, as agent, is the address
to  be  changed  or  who has been designated as registered agent of such
registered foreign limited liability partnership  shall  be  signed  and
delivered  to  the department of state by such agent. The certificate of
change shall set forth: (i) the name of the New York registered  foreign
limited  liability  partnership;  (ii) the date of filing of its initial
registration or notice statement; (iii) each  change  effected  thereby;
(iv)  that  a  notice  of  the proposed change was mailed to the limited
liability partnership by the party signing the certificate not less than
thirty days prior to the date of delivery to the department of state and
that such limited liability partnership has not  objected  thereto;  and
(v)  that the party signing the certificate is the agent of such limited
liability partnership to whose address [the secretary of state] A PERSON
is required to mail [copies] A COPY of process SERVED ON  THE  SECRETARY
OF  STATE  or  the  registered agent, if such be the case. A certificate
signed and delivered under this  subdivision  shall  not  be  deemed  to

S. 6258--A                         84                         A. 9058--A

effect a change of location of the office of the limited liability part-
nership  in  whose  behalf such certificate is filed. The certificate of
change shall be accompanied by a fee of five dollars.
  S  98.  Subdivision  (a) of section 121-1505 of the partnership law is
REPEALED and three new subdivisions (a), (d) and (e) are added  to  read
as follows:
  (A)  (1)  SERVICE  OF  PROCESS ON THE SECRETARY OF STATE AS AGENT OF A
REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED  FOREIGN
LIMITED  LIABILITY  PARTNERSHIP  UNDER  THIS  ARTICLE  SHALL  BE MADE BY
PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF  STATE  OR  A
DEPUTY, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE
SUCH  SERVICE,  AT  THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF
ALBANY, A COPY OF SUCH PROCESS TOGETHER WITH THE  STATUTORY  FEE,  WHICH
FEE SHALL BE A TAXABLE DISBURSEMENT. SUCH SERVICE SHALL BE SUFFICIENT IF
NOTICE OF SUCH SERVICE ON THE SECRETARY OF STATE AND A COPY OF THE PROC-
ESS ARE:
  (I)  DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH REGIS-
TERED LIMITED LIABILITY  PARTNERSHIP  OR  NEW  YORK  REGISTERED  FOREIGN
LIMITED  LIABILITY  PARTNERSHIP BY A PERSON AND IN THE MANNER AUTHORIZED
TO SERVE PROCESS BY LAW OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
  (II) SENT BY OR ON BEHALF OF THE PLAINTIFF TO SUCH REGISTERED  LIMITED
LIABILITY  PARTNERSHIP  OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY
PARTNERSHIP BY CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED, AT THE POST
OFFICE ADDRESS SPECIFIED FOR THE PURPOSE OF MAILING PROCESS, ON FILE  IN
THE DEPARTMENT OF STATE.
  (2)  WHERE  SERVICE  OF  A  COPY  OF  PROCESS WAS EFFECTED BY PERSONAL
SERVICE, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH  THIS
SECTION  FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER SUCH
SERVICE, WITH THE CLERK OF THE COURT IN  WHICH  THE  ACTION  OR  SPECIAL
PROCEEDING  IS  PENDING.  SERVICE  OF PROCESS SHALL BE COMPLETE TEN DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
  (3) WHERE SERVICE OF A COPY OF PROCESS  WAS  EFFECTED  BY  MAILING  IN
ACCORDANCE  WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF
COMPLIANCE WITH THIS SECTION FILED, TOGETHER WITH  THE  PROCESS,  WITHIN
THIRTY DAYS AFTER RECEIPT OF THE RETURN RECEIPT SIGNED BY THE REGISTERED
LIMITED  LIABILITY  PARTNERSHIP  OR  NEW YORK REGISTERED FOREIGN LIMITED
LIABILITY PARTNERSHIP, OR OTHER OFFICIAL PROOF OF  DELIVERY  OR  OF  THE
ORIGINAL  ENVELOPE MAILED. IF A COPY OF THE PROCESS IS MAILED IN ACCORD-
ANCE WITH THIS SECTION, THERE SHALL  BE  FILED  WITH  THE  AFFIDAVIT  OF
COMPLIANCE  EITHER  THE RETURN RECEIPT SIGNED BY SUCH REGISTERED LIMITED
LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN  LIMITED  LIABILITY
PARTNERSHIP  OR  OTHER  OFFICIAL PROOF OF DELIVERY OR, IF ACCEPTANCE WAS
REFUSED BY IT, THE ORIGINAL ENVELOPE  WITH  A  NOTATION  BY  THE  POSTAL
AUTHORITIES  THAT  ACCEPTANCE  WAS REFUSED. IF ACCEPTANCE WAS REFUSED, A
COPY OF THE NOTICE AND PROCESS TOGETHER WITH NOTICE OF  THE  MAILING  BY
CERTIFIED  MAIL  AND  REFUSAL  TO  ACCEPT SHALL BE PROMPTLY SENT TO SUCH
REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED  FOREIGN
LIMITED  LIABILITY  PARTNERSHIP AT THE SAME ADDRESS BY ORDINARY MAIL AND
THE AFFIDAVIT OF COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS SHALL  BE
COMPLETE  TEN  DAYS  AFTER  SUCH  PAPERS ARE FILED WITH THE CLERK OF THE
COURT. THE REFUSAL TO ACCEPT DELIVERY OF THE CERTIFIED MAIL OR  TO  SIGN
THE RETURN RECEIPT SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND SUCH
REGISTERED  LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN
LIMITED LIABILITY PARTNERSHIP REFUSING TO  ACCEPT  SUCH  CERTIFIED  MAIL
SHALL BE CHARGED WITH KNOWLEDGE OF THE CONTENTS THEREOF.

S. 6258--A                         85                         A. 9058--A

  (D) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UPON  THE  SECRETARY  OF STATE UNDER THIS CHAPTER, INCLUDING THE DATE OF
SUCH SERVICE. IT SHALL, UPON REQUEST  MADE  WITHIN  TEN  YEARS  OF  SUCH
SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT
OF  THE  PROCESS  BY  AN  AUTHORIZED  PERSON, THE DATE AND PLACE OF SUCH
SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS  SERVED  UPON  THE
SECRETARY  OF  STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE SECRE-
TARY OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE.
  (E) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF  STATE  AS
AGENT  OF  A REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGIS-
TERED FOREIGN LIMITED LIABILITY PARTNERSHIP SHALL BE DEEMED  TO  BE  THE
POST  OFFICE  ADDRESS,  WITHIN  OR  WITHOUT THE STATE, TO WHICH A PERSON
SHALL MAIL A COPY OF  PROCESS  SERVED  AGAINST  THE  REGISTERED  LIMITED
LIABILITY  PARTNERSHIP  OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY
PARTNERSHIP AS REQUIRED BY THIS  ARTICLE.  ANY  DESIGNATED  POST  OFFICE
ADDRESS TO WHICH THE SECRETARY OF STATE OR A PERSON SHALL MAIL A COPY OF
ANY  PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A REGISTERED
LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  REGISTERED  FOREIGN  LIMITED
LIABILITY  PARTNERSHIP  SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE
UNDER THIS CHAPTER DIRECTING THE MAILING  TO  A  DIFFERENT  POST  OFFICE
ADDRESS.
  S  99.  Subdivision (b) of section 121-1506 of the partnership law, as
added by chapter 448 of the laws of 1998,  paragraph  4  as  amended  by
chapter 172 of the laws of 1999, is amended to read as follows:
  (b)  The party (or the party's legal representative) whose post OFFICE
address has been supplied by a  limited  liability  partnership  as  its
address  for  process may resign. A certificate entitled "Certificate of
Resignation for Receipt of Process  under  Section  121-1506(b)  of  the
Partnership  Law"  shall  be  signed  by such party and delivered to the
department of state. It shall set forth:
  (1) The name of the limited liability partnership and  the  date  that
its certificate of registration was filed by the department of state.
  (2)  That  the address of the party has been designated by the limited
liability partnership as the post office address to which [the secretary
of state] A PERSON shall mail a copy of any process served on the secre-
tary of state as agent for such limited liability partnership  and  that
such party wishes to resign.
  (3) That sixty days prior to the filing of the certificate of resigna-
tion  with  the  department  of  state  the party has sent a copy of the
certificate of resignation for  receipt  of  process  by  registered  or
certified  mail  to  the  address of the registered agent of the [desig-
nated] DESIGNATING limited liability  partnership,  if  other  than  the
party  filing  the certificate of resignation[,] for receipt of process,
or if the [resigning] DESIGNATING limited liability partnership  has  no
registered agent, then to the last address of the [designated] DESIGNAT-
ING  limited  liability  partnership, known to the party, specifying the
address to which the copy was sent. If there is no registered agent  and
no  known  address  of the designating limited liability partnership the
party shall attach an affidavit to the certificate stating that a  dili-
gent but unsuccessful search was made by the party to locate the limited
liability partnership, specifying what efforts were made.
  (4) That the [designated] DESIGNATING limited liability partnership is
required  to  deliver to the department of state a certificate of amend-
ment providing for the designation by the limited liability  partnership

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of a new address and that upon its failure to file such certificate, its
authority to do business in this state shall be suspended.
  S  100.  Paragraph  16  of subdivision 1 of section 103 of the private
housing finance law, as added by chapter 22 of  the  laws  of  1970,  is
amended to read as follows:
  (16)  A  designation  of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and  the  post  office
address, within or without this state, to which [the secretary of state]
A  PERSON  shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
  S 101. Subdivision 2 of section 2-b of the religious corporations  law
is REPEALED.
  S  102. This act shall take effect on the ninetieth day after it shall
have become a law.
  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 CC of this act shall be
as specifically set forth in the last section of such Parts.

2011-S6258B - Details

See Assembly Version of this Bill:: A9058
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2011-S6258B - Summary

2011-S6258B - Bill Text download pdf

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

    S. 6258--B                                            A. 9058--B

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

                            January 17, 2012
                               ___________

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

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

AN ACT to authorize funding for the Consolidated Local Street and  High-
  way  Improvement  Program  (CHIPS)  and  Marchiselli program for state
  fiscal year 2012-2013; to amend chapter  329  of  the  laws  of  1991,
  amending  the  state finance law and other laws relating to the estab-
  lishment of the dedicated highway and bridge trust fund; and to  amend
  chapter  60  of  the laws of 2011, authorizing funding for the Consol-
  idated Local  Street  and  Highway  Improvement  Program  (CHIPS)  and
  Marchiselli program for state fiscal year 2011-2012 and amending chap-
  ter  329 of the laws of 1991, amending the state finance law and other
  laws relating to the establishment of the dedicated highway and bridge
  trust fund, in relation to the  effectiveness  thereof  (Part  A);  to
  amend  the highway law and the state finance law, in relation to modi-
  fying the distribution of certain funds (Part B); to amend the  trans-
  portation  law,  in  relation  to  enacting  a  performance  based bus
  inspection program (Part C); to amend the vehicle and traffic law,  in
  relation  to  commercial driver's licenses and medical certifications;
  and to repeal paragraph (f) of subdivision 3 of section 510-a  of  the
  vehicle  and  traffic  law,  relating  to commercial driver's licenses
  (Part D); to amend the public authorities law, in relation  to  notes,
  bonds and other obligations of the metropolitan transportation author-
  ity,  Triborough bridge and tunnel authority and New York city transit
  authority (Part E); to amend vehicle and traffic law  in  relation  to
  establishing  an additional retention rate for county clerks acting as
  an agent of the department of motor vehicles based upon internet tran-

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

                      [ ] is old law to be omitted.
                                                           LBD12673-03-2

S. 6258--B                          2                         A. 9058--B

  sactions (Part F); to amend the transportation law,  the  vehicle  and
  traffic law, the general municipal law, the environmental conservation
  law and the executive law, in relation to federal revenue (Part G); to
  amend  the  environmental  conservation  law, in relation to the regu-
  lation of various fish and wildlife licenses, permits  and  fees;  and
  repealing certain provisions of such law relating thereto (Part H); to
  amend  the  public service law, in relation to eliminating state regu-
  lation of VoIP service in order to facilitate competition  and  ensure
  consumers  receive  the  maximum  benefit  of competition (Part I); to
  amend the environmental conservation law,  in  relation  to  hazardous
  waste program fees and surcharges (Part J); to amend the state finance
  law  and  the public authorities law, in relation to the sewage treat-
  ment and drinking water funds and  the  water  pollution  control  and
  drinking  water revolving funds (Part K); to amend the agriculture and
  markets law, in relation to seed testing (Part L); to amend the  agri-
  culture and markets law, in relation to fees for services (Part M); to
  amend  the agriculture and markets law, in relation to food processing
  license fees; and to repeal subdivision 4 of section 128-a and  subdi-
  vision  3  of  section  133-a  of  the agriculture and markets law and
  section 90-b of the state finance law relating to the commercial  feed
  licensing  fund  (Part  N); to authorize and direct the New York state
  energy research and development authority to make  a  payment  to  the
  general  fund  of  up  to $913,000 (Part O); to authorize the New York
  state energy research and development authority to finance  a  portion
  of its research, development and demonstration and policy and planning
  programs  from  assessments on gas and electric corporations (Part P);
  to amend chapter 35 of the laws of  1979,  relating  to  appropriating
  funds  to  the  New  York  state urban development corporation for the
  acquisition and initial planning of convention and  exhibition  center
  facilities  in  New  York  county, in relation to additional powers of
  such corporation (Part Q); to amend chapter 393 of the laws  of  1994,
  amending  the New York state urban development corporation act, relat-
  ing to the powers of the New York state urban development  corporation
  to  make  loans, in relation to the effectiveness thereof (Part R); to
  repeal subdivision 3 of section 16-m  of  the  New  York  state  urban
  development   corporation   act,  in  relation  to  extending  certain
  provisions relating to the  empire  state  economic  development  fund
  (Part  S);  to  amend the New York state urban development corporation
  act, relating to the powers of the New York  state  urban  development
  corporation  to  make grants (Part T); to amend the state finance law,
  in relation to the excelsior linked deposit act (Part U); to authorize
  the department of health to finance certain activities  with  revenues
  generated  from  an assessment on cable television companies (Part V);
  to amend the general business  law  and  the  real  property  law,  in
  relation to increasing the term of licensure and registration from two
  to  four years (Part W); to amend the racing, pari-mutuel wagering and
  breeding law, in relation to presenting uncashed pari-mutuel  vouchers
  within  a  prescribed  period  of  time (Part X); to amend the racing,
  pari-mutuel wagering and breeding law and the public officers law,  in
  relation to employment of officials at harness race meetings (Part Y);
  to  amend  the agriculture and markets law, in relation to authorizing
  the creation of a dairy research and  education  order  (Part  Z);  to
  amend the public authorities law, in relation to the recovery of state
  governmental  costs  from public authorities and public benefit corpo-
  rations (Part AA); to amend the public authorities law, in relation to
  the powers and duties of the dormitory authority of the state  of  New

S. 6258--B                          3                         A. 9058--B

  York  (Part  BB);  to  amend the banking law, the business corporation
  law, the cooperative corporations law, the general  associations  law,
  the limited liability company law, the not-for-profit corporation law,
  the  partnership  law and the private housing finance law, in relation
  to facilitating an online corporate  filing  system,  simplifying  the
  filing  of  corporate  documents  and  reducing  costs  and regulatory
  burdens on the state's businesses; and to repeal certain provisions of
  the business corporation law, the not-for-profit corporation law,  the
  partnership  law  and  the religious corporations law relating thereto
  (Part CC); and to amend the public authorities law and the real  prop-
  erty law, in relation to the on-bill recovery mechanism for the "green
  jobs-green New York" program (Part DD)

  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 DD. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1.  The sum of four hundred two million seven hundred ninety-
seven thousand dollars ($402,797,000), or so much thereof  as  shall  be
necessary, and in addition to amounts previously appropriated by law, is
hereby  made  available, in accordance with subdivision 1 of section 380
of the public authorities law as amended,  according  to  the  following
schedule.  Payments pursuant to subdivision (a) of this section shall be
made  available  as  moneys become available for such payments. Payments
pursuant to subdivisions (b) and (c)  of  this  section  shall  be  made
available on the fifteenth day of June, September, December and March or
as  soon  thereafter  as  moneys  become available for such payments. No
moneys of the state in the state treasury or any of its funds  shall  be
available for payments pursuant to this section:
                                SCHEDULE
  (a)  Thirty-nine  million seven hundred thousand dollars ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the laws of 1991, as added by section 9 of chapter 330 of  the  laws  of
1991,  as  amended.  The department of transportation shall provide such
information to the municipalities as may be necessary  to  maintain  the
federal  tax  exempt  status  of  any bonds, notes, or other obligations
issued by such municipalities to provide for the  non-federal  share  of
the  cost  of  projects  pursuant  to chapter 330 of the laws of 1991 or
section 80-b of the highway law.
  The program authorized pursuant to section 15 of chapter  329  of  the
laws  of 1991, as added by section 9 of chapter 330 of the laws of 1991,

S. 6258--B                          4                         A. 9058--B

as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year        Amount
                    2012-13                  $39,700,000
  (b)   Three  hundred  four  million  three  hundred  thousand  dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of eligible costs of local  highway  and  bridge  projects  pursuant  to
sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
section 9 of chapter 330 of the  laws  of  1991,  as  amended.  For  the
purposes of computing allocations to municipalities, the amount distrib-
uted  pursuant to section 16 of chapter 329 of the laws of 1991 shall be
deemed to be $121,520,000.  The amount distributed pursuant  to  section
16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
$182,780,000.  Notwithstanding the provisions of any general or  special
law,  the  amounts  deemed  distributed in accordance with section 16 of
chapter 329 of the laws of 1991 shall be adjusted so that  such  amounts
will  not  be less than 83.807 percent of the "funding level" as defined
in subdivision 5 of section 10-c of the highway law for each such  muni-
cipality.  In  order  to achieve the objectives of section 16 of chapter
329 of the laws of 1991, to the extent necessary, the amounts in  excess
of  83.807 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced  in  equal  propor-
tion.
  (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible  costs  of
local  highway  and  bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing  allocations
to  municipalities,  the  amount  distributed  pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be  $23,480,000.  The
amount  distributed  pursuant to section 16-a of chapter 329 of the laws
of  1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding   the
provisions of any general or special law, the amounts deemed distributed
in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 16.193 percent of
the "funding level" as defined in subdivision 5 of section 10-c  of  the
highway  law  for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
necessary,  the amounts in excess of 16.193 percent of the funding level
to be deemed distributed to each  municipality  under  this  subdivision
shall  be  reduced  in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000,
the payment amounts to each locality shall  be  adjusted  by  a  uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991,  as  amended,  shall  additionally make payments for reimbursement
according to the following schedule:
                    State Fiscal Year        Amount
                    2012-13                  $363,097,000
  S 2. Subdivision (f) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as added by section
2 of part A of chapter 60 of the laws of 2011, is  amended  to  read  as
follows:

S. 6258--B                          5                         A. 9058--B

  (f)  For purposes of this section and section 10-c of the highway law,
for projects completed on or before March 31, [2012] 2013 local  highway
and  bridge  projects  may  also  include  the following work types: (1)
microsurfacing, (2) paver placed surface treatment,  (3)  single  course
surface treatment involving chip seals and oil and stone, and (4) double
course  surface treatment involving chip seals and oil and stone, howev-
er, no reimbursement shall be made for  (1)  microsurfacing,  (2)  paver
placed  surface treatment, (3) single course surface treatment involving
chip seals and oil and stone, and (4) double  course  surface  treatment
involving  chip  seals  and  oil  and stone after March 31, [2012] 2013.
Reimbursement for projects using these treatments may be made  from  the
proceeds  of  bonds,  notes  or other obligations issued by the New York
state thruway authority pursuant to section 380 of the  public  authori-
ties law or otherwise as determined by the director of the budget.
  S  3.  Subdivision  (f)  of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment  of  the dedicated highway and bridge trust fund, as added
by section 3 of part A of chapter 60 of the laws of 2011, is amended  to
read as follows:
  (f)  For purposes of this section and section 10-c of the highway law,
for projects completed on or before March 31, [2012] 2013 local  highway
and  bridge  projects  may  also  include  the following work types: (1)
microsurfacing, (2) paver placed surface treatment,  (3)  single  course
surface treatment involving chip seals and oil and stone, and (4) double
course  surface treatment involving chip seals and oil and stone, howev-
er, no reimbursement shall be made for  (1)  microsurfacing,  (2)  paver
placed  surface treatment, (3) single course surface treatment involving
chip seals and oil and stone, and (4) double  course  surface  treatment
involving  chip  seals  and  oil  and stone after March 31, [2012] 2013.
Reimbursement for projects using these treatments may be made  from  the
proceeds  of  bonds,  notes  or other obligations issued by the New York
state thruway authority pursuant to section 380 of the  public  authori-
ties law or otherwise as determined by the director of the budget.
  S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment  of  the  dedicated  highway  and  bridge trust fund, as amended by
section 4 of part A of chapter 60 of the laws of  2011,  is  amended  to
read as follows:
  (d) Any such service contract (i) shall provide that the obligation of
the  director  of  the budget or the state to fund or to pay the amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provisions in the  event  the
thruway  authority assigns or pledges service contract payments as secu-
rity for its bonds or notes, (ii) shall be deemed executory only to  the
extent  moneys  are available and that no liability shall be incurred by
the state beyond the moneys available for the  purpose,  and  that  such
obligation  is  subject  to annual appropriation by the legislature, and
(iii) shall provide that no funds  shall  be  made  available  from  the
proceeds  of  bonds  or notes issued pursuant to this chapter unless the
commissioner of transportation has certified  to  the  chairman  of  the
thruway  authority  that  such  funds  shall be used exclusively for the
purposes  authorized  by  subdivision  (a)  of  this   section,   and/or
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,
preliminary  engineering,  and  construction supervision and inspection,
where the service life of the project is  at  least  ten  years  or  for

S. 6258--B                          6                         A. 9058--B

projects  completed on or before March 31, [2012] 2013 where the project
is:  (1) microsurfacing, (2) paver placed surface treatment, (3)  single
course  surface treatment involving chip seals and oil and stone and (4)
double  course surface treatment involving chip seals and oil and stone,
and unless the director of the budget has certified to the  chairman  of
the  thruway  authority  that  a spending plan has been submitted by the
commissioner of transportation and has been approved by the director  of
the  budget.  No reimbursement shall be made for (1) microsurfacing, (2)
paver placed surface treatment,  (3)  single  course  surface  treatment
involving  chip  seals  and oil and stone, and (4) double course surface
treatment involving chip seals and oil and stone after March 31,  [2012]
2013.
  S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment  of  the  dedicated  highway  and  bridge trust fund, as amended by
section 5 of part A of chapter 60 of the laws of  2011,  is  amended  to
read as follows:
  (b)  Each  county, city, town and village shall certify to the commis-
sioner  of  transportation  that  amounts  to  be  reimbursed  are   for
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,
preliminary  engineering,  and  construction  supervision and inspection
where the service life of the project is  at  least  ten  years  or  for
projects  completed on or before March 31, [2012] 2013 where the project
is: (1) microsurfacing, (2) paver placed surface treatment,  (3)  single
course  surface treatment involving chip seals and oil and stone and (4)
double course surface treatment involving chip seals and oil and  stone.
No  reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface  treatment  involving  chip
seals and oil and stone, and (4) double course surface treatment involv-
ing  chip  seals  and  oil  and stone after March 31, [2012] 2013.  Such
certification shall include any such information as may be necessary  to
maintain  the  federal  tax exempt status of bonds, notes or other obli-
gations issued by the New  York  state  thruway  authority  pursuant  to
section 380 of the public authorities law. The commissioner of transpor-
tation  shall  in  writing  request  the  municipalities to furnish such
information as may be necessary to comply with this section.
  S 6. Subdivision (b) of section 16-a of chapter 329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 6 of part A of chapter 60 of the laws of 2011, is amended  to
read as follows:
  (b)  Each  county, city, town and village shall certify to the commis-
sioner  of  transportation  that  amounts  to  be  reimbursed  are   for
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,
preliminary  engineering,  and  construction  supervision and inspection
where the service life of the project is  at  least  ten  years  or  for
projects  completed on or before March 31, [2012] 2013 where the project
is: (1) microsurfacing, (2) paver placed surface treatment,  (3)  single
course  surface treatment involving chip seals and oil and stone and (4)
double course surface treatment involving chip seals and oil and  stone.
No  reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface  treatment  involving  chip
seals and oil and stone, and (4) double course surface treatment involv-
ing  chip  seals  and  oil  and stone after March 31, [2012] 2013.  Such

S. 6258--B                          7                         A. 9058--B

certification shall include any such information as may be necessary  to
maintain  the  federal  tax exempt status of bonds, notes or other obli-
gations issued by the New  York  state  thruway  authority  pursuant  to
section  380  of  the  public authorities law. The commissioner shall in
writing request the municipalities to furnish such information as may be
necessary to comply with this section.
  S 7.  Section 7 of part A of chapter 60 of the laws of 2011, authoriz-
ing funding for the Consolidated Local Street  and  Highway  Improvement
Program  (CHIPS) and Marchiselli program for state fiscal year 2011-2012
and amending chapter 329 of the laws of 1991, amending the state finance
law and other laws relating to the establishment of the dedicated  high-
way and bridge trust fund, is amended to read as follows:
  S  7.  This act shall take effect immediately; provided, however, that
sections two, three, four, five and six of this act shall expire and  be
deemed repealed on April 1, [2012] 2013.
  S  8.  This act shall take effect immediately; provided, however, that
the amendments to subdivisions (f) and (b) of section 16 of chapter  329
of  the  laws of 1991 made by sections two and five of this act, respec-
tively, shall not affect the repeal of such subdivisions  and  shall  be
deemed  repealed  therewith;  provided,  further, that the amendments to
subdivisions (f) and (b) of section 16-a of chapter 329 of the  laws  of
1991 made by sections three and six of this act, respectively, shall not
affect  the  repeal  of  such  subdivisions and shall be deemed repealed
therewith; and provided, further, that the amendments to subdivision (d)
of section 11 of chapter 329 of the laws of 1991 made by section four of
this act shall not affect the repeal of such subdivision  and  shall  be
deemed repealed therewith.

                                 PART B

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

S. 6258--B                          8                         A. 9058--B

pursuant to section fifty-two, SECTION  THREE  HUNDRED  TWENTY-SIX,  and
subdivisions five, eight and twelve of section eighty-eight of the high-
way law, subdivision fifteen of section three hundred eighty-five of the
vehicle  and  traffic law, section two of the chapter of the laws of two
thousand three that amended this paragraph, subdivision (d)  of  section
three  hundred  four-a, paragraph one of subdivision (a) and subdivision
(d) of section three hundred five, subdivision  six-a  of  section  four
hundred  fifteen and subdivision (g) of section twenty-one hundred twen-
ty-five of the vehicle and traffic law, section fifteen of this chapter,
excepting moneys deposited with the  state  on  account  of  betterments
performed  pursuant  to  subdivision twenty-seven or subdivision thirty-
five of section ten of the highway law, (iii) any  moneys  collected  by
the  department  of  transportation  for  services  provided pursuant to
agreements entered into in accordance with section ninety-nine-r of  the
general  municipal  law, and (iv) any other moneys collected therefor or
credited or transferred thereto from any other fund, account or source.
  S 3. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
finance law, as amended by section 3 of chapter 165 of the laws of 2008,
is amended to read as follows:
  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
eighty-nine-e, three hundred one-j,  five  hundred  fifteen  and  eleven
hundred  sixty-seven  of  the  tax  law, section four hundred one of the
vehicle and traffic law, and section thirty-one of chapter fifty-six  of
the  laws  of  nineteen  hundred  ninety-three,  (ii) all fees, fines or
penalties collected by the commissioner of  transportation  pursuant  to
section  fifty-two,  SECTION  THREE HUNDRED TWENTY-SIX, and subdivisions
five, eight and twelve of  section  eighty-eight  of  the  highway  law,
subdivision  fifteen of section three hundred eighty-five of the vehicle
and traffic law, section  fifteen  of  this  chapter,  excepting  moneys
deposited with the state on account of betterments performed pursuant to
subdivision  twenty-seven  or  subdivision thirty-five of section ten of
the highway law, (iii) any moneys collected by the department of  trans-
portation  for  services provided pursuant to agreements entered into in
accordance with section ninety-nine-r of the general municipal law,  and
(iv)  any  other  moneys  collected  therefor or credited or transferred
thereto from any other fund, account or source.
  S 4. This act shall take effect immediately, and shall  be  deemed  to
have  been  in  full  force  and  effect on and after April 1, 2012; and
provided, however, that the amendments to paragraph (a) of subdivision 3
of section 89-b of the state finance law made by section two of this act
shall be subject to the  expiration  and  reversion  of  such  paragraph
pursuant to section 13 of part U-1 of chapter 62 of the laws of 2003, as
amended, when upon such date the provisions of section three of this act
shall take effect.

                                 PART C

  Section  1. Subdivision 3 of section 140 of the transportation law, as
added by chapter 635 of the laws of 1983, is amended to read as follows:
  3. No motor  vehicle  [carrying]  DESIGNED  TO  CARRY  passengers,  as
described  in  subdivision two of this section, shall be operated within
the state unless it carries prominently displayed thereon  the  name  of
the operator and certificate evidencing an inspection in accordance with
the  rules  and  regulations of the commissioner [within a period of six

S. 6258--B                          9                         A. 9058--B

months last preceding]. The commissioner may, by order,  rule  or  regu-
lation, exempt from the requirements of this subdivision, vehicles which
are  not  operated  exclusively  in  transportation  services  for which
inspection  is  required,  provided  that  written evidence of the names
otherwise subject  to  prominent  display  and  such  a  certificate  of
inspection  are  at  all  times  carried within such vehicles to be made
available for examination upon proper demand,  while  the  vehicles  are
operated in such service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART D

  Section 1. Subdivision 1 of section 502 of  the  vehicle  and  traffic
law,  as  amended  by  section 2 of part CC of chapter 58 of the laws of
2011, is amended to read as follows:
  1. Application for license. Application for a driver's  license  shall
be  made to the commissioner. The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking of a photo image or images of the applicant  in  accordance  with
rules  and  regulations prescribed by the commissioner. In addition, the
commissioner also shall require that the applicant provide  his  or  her
social  security number and provide space on the application so that the
applicant may register in the New York  state  organ  and  tissue  donor
registry under section forty-three hundred ten of the public health law.
In  addition,  an  applicant  for a commercial driver's license who will
operate a commercial motor vehicle in interstate commerce shall  certify
that such applicant meets the requirements to operate a commercial motor
vehicle,  as  set forth in public law 99-570, title XII, and title 49 of
the code of federal regulations, and all regulations promulgated by  the
United  States secretary of transportation under the hazardous materials
transportation act. In addition, an applicant for a commercial  driver's
license shall submit a medical certificate at such intervals as required
by  the  federal  motor  carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of  federal  regulations  relating  to
medical  certification  and  in a manner prescribed by the commissioner.
For purposes of this section and sections five hundred three [and], five
hundred ten-a, AND FIVE HUNDRED TEN-AA of this title, the  [term]  TERMS
"medical  certificate"  AND  "MEDICAL  CERTIFICATION"  shall mean a form
substantially in compliance with the form set forth in Part 391.43(h) of
title 49 of the code of federal regulations. Upon a  determination  that
the  holder  of  a commercial driver's license has made any false state-
ment, with respect to the application for such license, the commissioner
shall revoke such license.
  S 2. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
traffic  law,  as  amended  by section 3 of part CC of chapter 58 of the
laws of 2011, is amended to read as follows:
  (b) An application for a license shall be valid for a period  of  time
specified  by regulation of the commissioner not to exceed five years. A
learner's permit shall be valid from its issuance until  the  expiration
of  the  application  for  a  driver's  license for which it was issued.
Provided, however, that [if the medical certificate submitted in accord-
ance with the requirements of the federal motor carrier safety  improve-
ment  act  of 1999 and Part 383.71(h) of title 49 of the code of federal

S. 6258--B                         10                         A. 9058--B

regulations by an applicant for a commercial driver's  license  expires,
any]  A learner's permit [that may have been] issued by the commissioner
in connection with  [the]  AN  application  FOR  A  COMMERCIAL  DRIVER'S
LICENSE  shall  be [suspended] CANCELLED UPON: (I) THE EXPIRATION OF THE
HOLDER'S  MEDICAL  CERTIFICATION  OR  MEDICAL   VARIANCE   DOCUMENTATION
REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
PART  383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS; (II) THE
HOLDER'S FAILURE TO SUBMIT SUCH MEDICAL CERTIFICATION OR  MEDICAL  VARI-
ANCE  DOCUMENTATION WHEN REQUIRED TO DO SO BY THE COMMISSIONER; OR (III)
THE RECEIPT BY THE COMMISSIONER OF INFORMATION FROM THE ISSUING  MEDICAL
EXAMINER  OR  THE  FEDERAL  MOTOR  CARRIER  SAFETY ADMINISTRATION THAT A
MEDICAL CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN ERROR.
  S 3. Paragraph (f) of subdivision 3 of section 510-a  of  the  vehicle
and traffic law is REPEALED.
  S  4.  The  vehicle and traffic law is amended by adding a new section
510-aa to read as follows:
  S 510-AA. DOWNGRADE OF  COMMERCIAL  DRIVER'S  LICENSES.  A  COMMERCIAL
DRIVER'S  LICENSE  SHALL  BE  DOWNGRADED  TO  A  NON-COMMERCIAL DRIVER'S
LICENSE BY THE COMMISSIONER UPON THE EXPIRATION OF THE HOLDER'S  MEDICAL
CERTIFICATION  OR MEDICAL VARIANCE DOCUMENTATION REQUIRED BY THE FEDERAL
MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE
49 OF THE CODE OF FEDERAL REGULATIONS, OR UPON THE HOLDER'S  FAILURE  TO
SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION WHEN
REQUIRED  TO  DO  SO  BY THE COMMISSIONER. A COMMERCIAL DRIVER'S LICENSE
SHALL ALSO BE DOWNGRADED TO A NON-COMMERCIAL  DRIVER'S  LICENSE  BY  THE
COMMISSIONER  UPON RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL EXAM-
INER OR THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT  A  MEDICAL
CERTIFICATION  OR  MEDICAL  VARIANCE WAS ISSUED IN ERROR. SUCH DOWNGRADE
SHALL BE TERMINATED, AND THE COMMERCIAL DRIVER'S LICENSE RESTORED, UPON:
(1) THE HOLDER'S SUBMISSION OF THE  REQUIRED  VALID  MEDICAL  EXAMINER'S
CERTIFICATE  OR  MEDICAL  VARIANCE  DOCUMENTATION;  OR  (2) THE HOLDER'S
SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE OPER-
ATION HE OR SHE ENGAGES, OR EXPECTS TO ENGAGE IN, AND THAT THE HOLDER IS
THEREFORE NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF  THE
FEDERAL  MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H)
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
  S 5. Section 509 of the vehicle and traffic law is amended by adding a
new subdivision 7-a to read as follows:
  7-A. NO  PERSON  SHALL  OPERATE  A  COMMERCIAL  MOTOR  VEHICLE  UNLESS
MEDICALLY  CERTIFIED IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER SAFETY
IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF  THE  CODE  OF
FEDERAL REGULATIONS.
  S  6.  This act shall take effect immediately; provided, however, that
if sections 2 and 3 of part CC of chapter 58 of the laws of  2011  shall
not  have  taken effect on or before such date then sections one and two
of this act shall take effect on the same date and in the same manner as
such chapter of the laws of 2011 takes effect; provided further,  howev-
er,  that section five of this act shall take effect on the sixtieth day
after it shall have become a law.

                                 PART E

  Section 1. Subdivision 12 of section 1269 of  the  public  authorities
law,  as  amended  by  section 1 of part NN of chapter 59 of the laws of
2010, is amended to read as follows:

S. 6258--B                         11                         A. 9058--B

  12. The aggregate principal amount of  bonds,  notes  or  other  obli-
gations  issued after the first day of January, nineteen hundred ninety-
three by the authority, the Triborough bridge and tunnel  authority  and
the  New York city transit authority to fund projects contained in capi-
tal  program  plans  approved  pursuant to section twelve hundred sixty-
nine-b of this [article] TITLE for the period nineteen  hundred  ninety-
two  through  two  thousand  fourteen  shall  not  exceed  [thirty-four]
FORTY-ONE billion eight  hundred  seventy-seven  million  dollars.  Such
aggregate  principal  amount of bonds, notes or other obligations or the
expenditure thereof shall not be subject to any limitation contained  in
any  other  provision  of law on the principal amount of bonds, notes or
other obligations or the expenditure thereof applicable to the  authori-
ty,  the  Triborough  bridge  and  tunnel authority or the New York city
transit authority. The aggregate limitation established by this subdivi-
sion shall not include (i)  obligations  issued  to  refund,  redeem  or
otherwise  repay,  including by purchase or tender, obligations thereto-
fore issued either by the issuer of such refunding obligations or by the
authority, the New York city transit authority or the Triborough  bridge
and  tunnel  authority, (ii) obligations issued to fund any debt service
or other reserve funds for such obligations, (iii) obligations issued or
incurred to fund the costs of issuance, the payment of amounts  required
under  bond  and  note  facilities, federal or other governmental loans,
security or credit arrangements or other agreements related thereto  and
the  payment  of  other financing and related costs associated with such
obligations, (iv) an amount equal to any original  issue  discount  from
the  principal  amount of such obligations or to fund capitalized inter-
est, (v) obligations incurred pursuant to section twelve hundred seven-m
of this article, (vi) obligations incurred to fund  the  acquisition  of
certain buses for the New York city transit authority as identified in a
capital  program  plan  approved  pursuant to chapter fifty-three of the
laws of nineteen  hundred  ninety-two,  (vii)  obligations  incurred  in
connection  with  the leasing, selling or transferring of equipment, and
(viii) bond anticipation notes or other obligations payable solely  from
the  proceeds  of other bonds, notes or other obligations which would be
included in the  aggregate  principal  amount  specified  in  the  first
sentence  of  this  subdivision,  whether or not additionally secured by
revenues of the authority, or any of its  subsidiary  corporations,  New
York  city  transit authority, or any of its subsidiary corporations, or
Triborough bridge and tunnel authority.
  S 2. This act shall take effect immediately.

                                 PART F

  Section 1. Section 205 of the vehicle and traffic law  is  amended  by
adding a new subdivision 3-a to read as follows:
  3-A. IN ADDITION TO THE FEES RETAINED PURSUANT TO SUBDIVISION THREE OF
THIS  SECTION, EACH COUNTY CLERK ACTING AS THE AGENT OF THE COMMISSIONER
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL RETAIN FOUR PERCENT OF
"ENHANCED INTERNET AND ELECTRONIC  PARTNER  REVENUE"  COLLECTED  BY  THE
COMMISSIONER.  FOR  THE PURPOSES OF THIS SUBDIVISION, "ENHANCED INTERNET
AND ELECTRONIC PARTNER REVENUE" SHALL MEAN THE AMOUNT OF GROSS  RECEIPTS
ATTRIBUTABLE  TO ALL TRANSACTIONS CONDUCTED ON THE INTERNET BY RESIDENTS
OF SUCH COUNTY AND BY DESIGNATED PARTNERS OF THE DEPARTMENT ON BEHALF OF
SUCH RESIDENTS FOR THE CURRENT CALENDAR YEAR THAT EXCEEDS THE AMOUNT  OF
SUCH  REVENUE  COLLECTED  BY  THE  COMMISSIONER DURING CALENDAR YEAR TWO
THOUSAND ELEVEN.   THE COMMISSIONER SHALL  CERTIFY  THE  AMOUNTS  TO  BE

S. 6258--B                         12                         A. 9058--B

RETAINED  BY  EACH  COUNTY CLERK PURSUANT TO THIS SUBDIVISION. PROVIDED,
HOWEVER, THAT IF THE AGGREGATE AMOUNT OF FEES RETAINED BY COUNTY  CLERKS
PURSUANT  TO  THIS SUBDIVISION IN CALENDAR YEARS TWO THOUSAND TWELVE AND
TWO THOUSAND THIRTEEN COMBINED EXCEEDS EIGHTY-EIGHT MILLION FIVE HUNDRED
THOUSAND  DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER
SHALL BE REDUCED TO A PERCENTAGE THAT, IF APPLIED TO THE FEES  COLLECTED
DURING  CALENDAR  YEARS  TWO  THOUSAND  TWELVE AND TWO THOUSAND THIRTEEN
COMBINED, WOULD HAVE RESULTED IN AN AGGREGATE RETENTION OF  EIGHTY-EIGHT
MILLION  FIVE HUNDRED THOUSAND DOLLARS OR 2.5 PERCENT OF ENHANCED INTER-
NET AND ELECTRONIC PARTNER REVENUE, WHICHEVER IS HIGHER. IF  THE  AGGRE-
GATE  AMOUNT OF FEES RETAINED BY COUNTY CLERKS PURSUANT TO THIS SUBDIVI-
SION IN CALENDAR YEARS TWO THOUSAND TWELVE  AND  TWO  THOUSAND  THIRTEEN
COMBINED  IS  LESS  THAN  EIGHTY-EIGHT  MILLION  FIVE  HUNDRED  THOUSAND
DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER SHALL  BE
INCREASED  TO A PERCENTAGE THAT, IF APPLIED TO THE FEES COLLECTED DURING
CALENDAR YEARS TWO THOUSAND TWELVE AND TWO THOUSAND  THIRTEEN  COMBINED,
WOULD  HAVE  RESULTED  IN AN AGGREGATE RETENTION OF EIGHTY-EIGHT MILLION
FIVE HUNDRED THOUSAND DOLLARS, OR SIX PERCENT OF ENHANCED  INTERNET  AND
ELECTRONIC PARTNER REVENUE, WHICHEVER IS LESS. ON AND AFTER APRIL FIRST,
TWO  THOUSAND  SIXTEEN,  THE PERCENT OF ENHANCED INTERNET AND ELECTRONIC
PARTNER REVENUE TO BE RETAINED BY COUNTY CLERKS SHALL BE THE AVERAGE  OF
THE  ANNUAL  PERCENTAGES  THAT  WERE  IN EFFECT BETWEEN APRIL FIRST, TWO
THOUSAND TWELVE AND MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
  S 2. This act shall take effect April 1, 2012.

                                 PART G

  Section 1. Subdivision 1 of section 140 of the transportation law,  as
added by chapter 635 of the laws of 1983, is amended to read as follows:
  1. Every [common and contract] FOR HIRE AND PRIVATE carrier of passen-
ger  by  motor  vehicle  INVOLVED IN INTERSTATE, INTRASTATE, OR INTERNA-
TIONAL COMMERCE DOMICILED IN NEW YORK shall  furnish  and  provide  with
respect  thereto  such  service  and  facilities  as  shall  be safe and
adequate. Any such carrier shall give immediate notice  to  the  commis-
sioner  of  every accident to which it shall, in the course of its oper-
ations, have been a party.
  S 2. Subparagraph (ii) of paragraph a of subdivision 2 of section  140
of  the  transportation  law,  as  amended by chapter 602 of the laws of
1985, is amended to read as follows:
  (ii) All MOTOR CARRIERS, EMPLOYEES AND motor vehicles [operated pursu-
ant to or requiring a certificate or permit for  the  transportation  of
passengers  or  property  from the interstate commerce commission or the
commissioner] THAT  TRANSPORT  PROPERTY  OR  PASSENGERS  IN  INTRASTATE,
INTERSTATE, OR INTERNATIONAL COMMERCE.
  S  3. Paragraphs b and c of subdivision 2 of section 140 of the trans-
portation law, paragraph b as amended by chapter 173 of the laws of 1990
and paragraph c as amended by chapter 602  of  the  laws  of  1985,  are
amended to read as follows:
  b.  [In addition to those vehicles operated pursuant to or requiring a
certificate or a permit for the  transportation  of  property  from  the
interstate  commerce  commission  or  the  commissioner  as set forth in
subparagraph (ii) of paragraph a of this subdivision,  the  commissioner
shall have the power to adopt rules and regulations governing the safety
of  operation of other motor vehicles operated for the commercial trans-
portation of property.

S. 6258--B                         13                         A. 9058--B

  c.] The department shall have the power to examine  vehicles,  facili-
ties  and  records subject to the provisions of this subdivision, at any
time and place where they are found, to ascertain whether such rules and
regulations are being obeyed. The rules and regulations of  the  commis-
sioner shall provide for the inspection of all such vehicles, FACILITIES
AND RECORDS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, at such peri-
ods  and  at  such  manner  as  the  commissioner  may direct, and, when
adopted, shall have the full force and effect of law.
  S 3-a. Paragraph d of subdivision 2 of section 140 of the  transporta-
tion  law  is  relettered paragraph c and subparagraph (i) of such para-
graph, as added by chapter 173 of the laws of 1990, is amended  to  read
as follows:
  (i)  No MOTOR CARRIER, EMPLOYEE OR motor vehicle [operated pursuant to
or requiring a certificate or a permit for the transportation of proper-
ty from the interstate commerce commission or the  commissioner  and  no
motor  vehicle  operated  for the commercial transportation of property]
THAT TRANSPORTS PROPERTY OR PASSENGERS  IN  INTRASTATE,  INTERSTATE,  OR
INTERNATIONAL  COMMERCE shall [be operated] OPERATE in this state unless
[it] SUCH MOTOR CARRIER, EMPLOYEE OR MOTOR VEHICLE is in compliance with
the department's safety rules and regulations.
  S 4. Subdivisions 4 and 5 of section 140 of  the  transportation  law,
subdivision  4  as added by chapter 635 of the laws of 1983 and subdivi-
sion 5 as amended by chapter 731 of the laws of  1988,  are  amended  to
read as follows:
  4.  Each  motor  vehicle  engaged  in  the interstate OR INTERNATIONAL
transportation of passengers operated within the state shall be  subject
to  subdivision  three  of this section as to the display of the name of
the operator thereof, and of such certificate of inspection  as  to  the
safety  of  its  appliances,  equipment and mechanical operation, as the
commissioner may, by rules and regulations require. In respect  to  such
motor  vehicle,  the  commissioner  may, in lieu of a certificate of the
commissioner, authorize the  display  of  a  certificate  of  inspection
issued within a period of [six] TWELVE months last preceding, by a regu-
latory  body  of  another  state, or a province of Canada, having safety
standards determined by the commissioner not to be  substantially  lower
than  those prescribed by the commissioner. The rules and regulations to
be adopted under  this  subdivision  shall  insofar  as  practicable  be
uniform  and  the  provisions  of  the vehicle and traffic law so far as
applicable and not in conflict with the provisions of this  subdivision,
shall continue to apply to all such motor vehicles.
  5.  No  motor  vehicle  with  a  seating  capacity of more than eleven
passengers manufactured after December  thirty-first,  nineteen  hundred
seventy-five,  used  in the business of transporting school children for
hire or used for the transportation of  school  children,  owned  and/or
operated by school districts or by any public or private school shall be
operated  within  the  state,  unless each seat, other than the driver's
seat, on such vehicle is equipped with a padded back  at  least  twenty-
eight  inches  in  height  of  a  type and specification approved by the
commissioner. Any person who operates a motor vehicle  in  violation  of
the  requirement  for  such  seat  backs shall be guilty of a violation,
punishable by a fine not exceeding one hundred dollars.  The  provisions
of  this subdivision shall not apply to any bus used for the transporta-
tion of pupils, teachers and  other  persons  acting  in  a  supervisory
capacity to and from school activities and which bus does not receive or
discharge passengers on or along the public highways on regularly sched-
uled routes and which is being operated pursuant to [a permit or certif-

S. 6258--B                         14                         A. 9058--B

icate  of public convenience and necessity] FOR-HIRE OPERATING AUTHORITY
issued by the commissioner or by the  [interstate  commerce  commission]
UNITED STATES DEPARTMENT OF TRANSPORTATION. School buses manufactured or
assembled  prior  to April first, nineteen hundred seventy-seven may not
be used to transport pupils, teachers and  other  persons  acting  in  a
supervisory capacity to and from school activities.
  S  5.  The closing paragraph of section 151 of the transportation law,
as added by chapter 635 of the laws of  1983,  is  amended  to  read  as
follows:
  For the purposes of this article, the term "sedan" or "sedans" as used
herein  shall  include  private  passenger  automobiles  [larger  than a
conventional sedan and commonly known as a  limousine],  but  shall  not
include  [vans  or  buses]  VEHICLES  WITH  A SEATING CAPACITY OF ELEVEN
PERSONS OR MORE INCLUDING THE DRIVER.
  S 6. Section 210 of the transportation law, as amended by chapter  488
of the laws of 1979, is amended to read as follows:
  S 210. Application  of this article. The term "motor truck" as used in
this article shall be deemed to mean and include any motor vehicle  held
and used for the transportation of goods, wares and merchandise for hire
or for a business purpose, [including such motor vehicles commonly known
as  an auto truck or light delivery car] PURSUANT TO THE RULES AND REGU-
LATIONS OF THE COMMISSIONER.  The term "motor bus" as used in this arti-
cle shall be deemed to mean and include any motor vehicle held and  used
for the transportation of passengers for hire OR FOR A BUSINESS PURPOSE,
PURSUANT TO THE RULES AND REGULATIONS OF THE COMMISSIONER.
  S 7.  Section 211 of the transportation law, as amended by chapter 475
of the laws of 1996, is amended to read as follows:
  S  211.  General provisions.   No driver of a motor truck or motor bus
shall drive such vehicle or be on duty for any period of time in  excess
of  that  authorized  pursuant  to  regulation  of the commissioner. The
commissioner is hereby authorized to promulgate  rules  and  regulations
governing  the  hours  of  service  of drivers of motor trucks and motor
buses. Such rules and regulations shall be no less protective of  public
safety than the rules and regulations promulgated by the federal govern-
ment  with  respect  to  hours of labor of operation of motor trucks and
motor buses, provided, however, that with regard  to  drivers  of  motor
buses [operated exclusively in a town or county or] operated by a public
transportation authority operating exclusively within its jurisdictional
area,  the  rules and regulations of the commissioner shall provide that
no driver of such motor buses shall drive more than twelve hours follow-
ing eight consecutive hours off duty and no driver of such  motor  buses
shall  drive  for any period after having been on duty for fifteen hours
following eight consecutive hours off duty  and  every  driver  of  such
motor  buses  shall have at least twenty-four consecutive hours off duty
in every period of seven consecutive days and in no event shall  such  a
driver  be  on  duty  for  more than seventy-five hours in any period of
seven consecutive days.
  S 8. Section 212 of the transportation law, as added by chapter 342 of
the laws of 1974, subdivision a as amended by chapter 843 of the laws of
1980, is amended to read as follows:
  S 212. Records. [a.] Every driver of a motor truck or motor bus  shall
keep  and carry on the vehicle records showing the day and hour when and
the place where he went and was released  from  duty,  whether  in  this
state  or  outside  of  this state. The commissioner shall prescribe the
form of such records and may require such other information to be  shown
thereon  as  he shall deem advisable to insure the proper enforcement of

S. 6258--B                         15                         A. 9058--B

this article. Such records shall be exhibited to the  commissioner,  his
representatives, or to any peace officer, acting pursuant to his special
duties  or  police officer who shall demand to see the same and shall be
held  available for further inspection for a period of sixty days within
the state of New York in an office designated by the owner.  Failure  to
produce  such  records  upon  demand  shall be presumptive evidence of a
violation of this article relating to keeping such records. In any pros-
ecution for the violation of any of the provisions of this article  such
records shall be prima facie evidence of the truth of the contents ther-
eof.
  [b.  The  provisions of this article with reference to the carrying of
records on the vehicle shall not apply to the operation of a  motor  bus
or  motor  buses operated on fixed schedules, but this shall not relieve
any corporation, company, association, joint-stock association, partner-
ship or person engaged in the operation of a motor bus or motor buses on
fixed schedules from the necessity of keeping such  records  and  having
them available in an office within the state of New York.]
  S 9. Section 214 of the transportation law, as added by chapter 342 of
the laws of 1974, subdivision b as amended by chapter 367 of the laws of
1983 and subdivision d as amended by chapter 302 of the laws of 2005, is
amended to read as follows:
  S 214. Exemptions.  [a. The provisions of this article shall not apply
in case of accident or act of God, nor when there  is  delay  which  was
caused  by  the elements, or a cause not known to the driver or owner or
to his or its officers in charge of such operations  at  the  time  that
such  driver  left  the  place  where he last went on duty prior to such
delays.
  b. The requirement in this article that every driver of a motor  truck
or motor bus shall keep and carry on the vehicle records showing the day
and  hour  when,  and the place where he went or was released from duty,
shall not apply to any driver who drives wholly within a radius  of  one
hundred  miles  of  the garage or terminal at which he reports for work,
provided, however, that such records shall  be  kept  at  his  place  of
employment.
  c.]  The  provisions of this article shall not apply to the [operation
of a motor truck or motor bus while being operated exclusively in a city
and/or incorporated village, nor to the] operation of a motor  truck  IN
INTRASTATE  COMMERCE  owned  by  a  farmer and operated by himself or an
employee when used in the  hauling  of  farm,  dairy,  or  horticultural
products  and farm supplies for himself or his farm neighbors to market,
creamery, or place of storage[, nor to the  operation  of  wrecking  and
towing  cars,  nor  to  the  operation  of federal military vehicles, by
members of the army or air national guard, or by federally paid  employ-
ees of the army or air national guard.
  d.  The  provisions of this article shall not apply nor shall hours of
service accrue to incidental drivers engaged in the  actual  restoration
or  preservation  of  electric,  water,  telephone, gas or steam service
during an emergency. For a corporation providing electric, water,  tele-
phone, gas or steam service to avail itself of the exemption provided by
this  subdivision  such  electric, water, telephone, gas or steam corpo-
ration shall have filed with the department a  plan  setting  forth  the
procedures  such  corporation shall follow in emergencies to assure that
no incidental driver shall drive if such driver has not  had  sufficient
rest  necessary  to  maintain  his  or  her ability to safely drive. The
exemption provided by this subdivision shall not apply to an  incidental
driver  unless  such incidental driver is engaged in the actual restora-

S. 6258--B                         16                         A. 9058--B

tion or preservation of electric, water, telephone, gas or steam service
during an emergency or such incidental driver shall have had a period of
rest consisting of at least eight consecutive hours off duty immediately
upon the conclusion of such incidental driver's engagement in the actual
restoration  or preservation of electric, water, telephone, gas or steam
service during the emergency. If an  emergency  extends  for  more  than
twenty-four  hours,  the electric, water, telephone, gas or steam corpo-
ration availing itself of the terms of this subdivision shall notify the
department, in writing, that an emergency exists and the expected  dura-
tion of the emergency. For the purposes of this subdivision, the follow-
ing terms shall have the following meanings:
  (1)  "Emergency"  is hereby declared to be any unplanned power outage,
interruption of service or the imminent risk of such  outage  or  inter-
ruption  of  service to electric, water, telephone, gas or steam service
or to transmission or distribution lines, pipes or other related facili-
ties or any circumstance under which the public safety is at risk;
  (2) "Incidental driver" means an employee, contractor or  contractor's
employee  of  an  electric,  water,  telephone, gas or steam corporation
whose primary employment by, or contractual agreement with, such  corpo-
ration  is  not as a driver of a motor vehicle but who drives only as an
incidental part of his or her employment or contractual agreement; and
  (3) "Interruption of service" shall mean a loss of service for a peri-
od of time defined in regulation by the department of public service for
electric service (as set forth in paragraph (a) of section 97.1 of title
sixteen of the official compilation of codes, rules and  regulations  of
the state of New York) and shall, for purposes of this section, apply to
electric, water, telephone, natural gas and steam service].
  S  10. Paragraph (a) of subdivision 1 of section 14-f of the transpor-
tation law, as added by chapter 963 of the laws of 1981, subparagraphs 7
and 8 as amended and subparagraphs 9, 10 and 11 as added by chapter  186
of  the  laws  of  1987,  subparagraph  9  as amended by chapter 180 and
subparagraph 12 as amended by chapter 190 of the laws of  1989  and  the
second  undesignated  paragraph as amended by chapter 402 of the laws of
1993, is amended to read as follows:
  (a) Have the power to make rules and regulations governing transporta-
tion of hazardous materials, which shall mean a substance or material in
a quantity and form which may pose an unreasonable risk  to  health  and
safety or property when transported in commerce, by all modes AS DEFINED
BY  THE  RULES  AND REGULATIONS OF THE DEPARTMENT. [For purposes of this
section, the term "hazardous materials" shall include the following:
  (1) "Irritating material" which shall mean a liquid or solid substance
which upon contact with fire or when exposed to air gives off  dangerous
or  intensely  irritating fumes such as benzylcyande, chloracetophenone,
diphenylaminechlorarsine, and diphenyl chlorarsine,  but  not  including
any poisonous material, Class A;
  (2)  "Poison  A"  which shall mean those poisonous gases or liquids of
such nature that a small amount of the  gas,  liquid  or  vapor  of  the
liquid,  when  in  contact  with  air is dangerous to life.   This class
includes  the  following:  bromacetone,  cyanogen,   cyanogen   chloride
containing  less than 0.9 percent water, diphosgene, ethyldichlorarsine,
hydrocyanic acid, methyldichlorarsine,  nitrogen  peroxide  (tetroxide),
phosgene  (diphosgene),  nitrogen  tetroxide  -  nitric  oxide  mixtures
containing up to 33.2 percent weight nitric oxide;
  (3) "Poison B" which shall mean  those  substances,  liquid  or  solid
(including  pastes and semi-solids), other than Class A poisons or irri-

S. 6258--B                         17                         A. 9058--B

tating materials, which are known to be so toxic as to be  a  hazard  to
health;
  (4) "Corrosive materials" which shall mean those acids, alkaline caus-
tic  liquids and other corrosive liquids or solids which when in contact
with living tissue, will cause severe damage of such tissue by  chemical
action;  or  in  the  case of leakage, will materially damage or destroy
other freight by chemical action; or are liable to cause  fire  when  in
contact with organic matter or with certain chemicals that cause visible
destruction  or irreversible alteration in human skin tissue at the site
of contact;
  (5) "Oxidizing materials" which shall mean those substances such as  a
chlorate, permanganate, peroxide, or a nitrate, that yields oxygen read-
ily to stimulate the combustion of organic matter;
  (6) "Flammable solids" which shall mean any solid material, other than
one  designated  an explosive, as further defined in this section, which
under conditions incident to transportation, cause fires  through  fric-
tion,  through  absorption  of  moisture,  through  spontaneous chemical
changes, or as a result of retained heat from the manufacturing or proc-
essing.   Included in  this  class  are  spontaneously  combustible  and
water-reactive materials;
  (7) "Flammable liquids" which shall mean any liquid, except any liquid
meeting the definition of subparagraph nine, ten or eleven of this para-
graph,  which  gives  off  flammable  vapors  below a temperature of one
hundred degrees Fahrenheit;
  (8) "Radioactive materials" which shall mean irradiated nuclear  reac-
tor  fuel  and  the  waste by-products of reprocessed irradiated nuclear
reactor fuel and any other material or  combination  of  materials  that
spontaneously  emits ionizing radiation which the commissioner of trans-
portation determines by  regulation  to  present  significant  potential
threat to public health and safety;
  (9)  "Liquefied  compressed  gas"  which  shall  mean  a gas liquefied
through compression and under charged pressure is partially liquid at  a
temperature of seventy degrees Fahrenheit;
  (9)  "Regulated  medical  waste" which shall be defined as provided in
subdivision one of section 27-1501  of  the  environmental  conservation
law.
  (10)  "Cryogenic liquid" which shall mean a refrigerated liquefied gas
having a boiling point colder than  minus  one  hundred  thirty  degrees
Fahrenheit (minus ninety degrees centigrade) at one atmosphere absolute;
  (11)  "Flammable  compressed  gas"  which  shall  mean any material or
mixture having in the container an  absolute  pressure  exceeding  forty
p.s.i.  at seventy degrees Fahrenheit, or, regardless of the pressure at
seventy degrees Fahrenheit, having an absolute  pressure  exceeding  one
hundred  four  p.s.i.  at  one hundred thirty degrees Fahrenheit, or any
liquid flammable material having a vapor pressure exceeding forty p.s.i.
absolute at one hundred degrees Fahrenheit as determined  by  ASTM  test
D-323, if any one of the following occurs:
  (i) either a mixture of thirteen percent or less, (by volume) with air
forms  a flammable mixture or the flammable range with air is wider than
twelve percent regardless of the lower  limit.  These  limits  shall  be
determined at atmospheric temperature and pressure;
  (ii) using the bureau of explosives, association of American railroads
flame projection apparatus, the flame projects more than eighteen inches
beyond  the ignition source with valve open fully, or, the flame flashes
back and burns at the valve with any degree of valve opening;

S. 6258--B                         18                         A. 9058--B

  (iii) using the bureau of explosives, association  of  American  rail-
roads open drum apparatus, there is any significant propagation of flame
away from the ignition source;
  (iv) using the bureau of explosives, association of American railroads
close drum apparatus, there is any explosion of the vapor-air mixture in
the drum; and
  (12)  Other  identical  or similar substances which shall from time to
time be identified by the commissioner of transportation  by  rules  and
regulations  promulgated  pursuant  to  this  section as being hazardous
materials, provided, however, that this section shall not apply  to  the
regular  military  or naval forces of the United States; nor to the duly
authorized militia of any state or territory thereof; nor to the  police
or  fire  departments  of this state, or of its counties, cities, towns,
villages, agencies or instrumentalities, providing the same  are  acting
within their official capacity and in the performance of their duties.
  Such rules and regulations shall be no less protective of public safe-
ty  than the rules and regulations promulgated by the federal government
with respect to the transportation of  hazardous  materials.  The  regu-
lations  shall set forth the criteria for identifying and listing, and a
list of hazardous materials subject to this section as may be amended by
the commissioner of  transportation  from  time  to  time  in  a  manner
consistent  with  the  state administrative procedure act and consistent
with this section. Such regulations  shall  include  specifications  for
marking  and  placarding of vehicles transporting hazardous materials as
will be applied pursuant to paragraph (a) of subdivision three  of  this
section. The regulations promulgated hereunder shall include notice that
a violation of the rules and regulations is subject to a fine or a peri-
od  of  imprisonment,  and the rules and regulations shall set forth the
penalty provisions  contained  in  subdivision  four  of  this  section.
Provided,  however,  that  all local laws or ordinances, except those of
cities having a population of one million or more, regulating the trans-
portation of flammable liquids in trucks, trailers or semi-trailers, are
hereby superseded and without force and hereafter no such local  law  or
ordinance shall be adopted to regulate or control the equipment or means
of transporting flammable liquids in trucks, trailers or semi-trailers.
  For  the purposes of this section, a "vehicle" shall mean every device
in which property may be transported upon a highway, stationary rails or
tracks, or on the navigable waterways of the state.]
  S 11. Subdivision 3 of section 14-g  of  the  transportation  law,  as
amended  by  chapter  921  of  the  laws  of 1983, is amended to read as
follows:
  3. For the purposes of this section, the term "intercity bus passenger
service" shall mean transportation provided to the public on  a  regular
and  continuing  basis  by  a person, firm, or corporation authorized to
transport passengers in interstate commerce by the [interstate  commerce
commission]  UNITED STATES DEPARTMENT OF TRANSPORTATION or in intrastate
commerce by the state department of  transportation  that  is  primarily
intended  to  satisfy  longer distance travel demand between cities, and
villages and unincorporated urban places that have a population  of  two
thousand  five hundred or more. Such term does not include services that
are primarily local or commuter oriented in nature.
  S 12. Subdivisions 1-a, 1-b and 2 of section 18 of the  transportation
law,  as amended by chapter 199 of the laws of 1987, are amended to read
as follows:
  1-a. The department of transportation is hereby designated  the  offi-
cial  state agency to receive all notifications from the [federal inter-

S. 6258--B                         19                         A. 9058--B

state commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or
any other federal or state agency in regard to discontinuance of service
or railroad property abandonment proceedings, including notification  of
applications from railroad companies for any such purposes.
  1-b. The department of transportation shall promptly inform in writing
all  interested  state  agencies,  transportation authorities, and every
county, city, town and village in which such property is located and the
appropriate entity designated by the governor pursuant to  title  IV  of
the  federal  intergovernmental  cooperation  act  of  nineteen  hundred
sixty-eight and the federal office of  management  and  budget  circular
A-98 of (a) the issuance of any certificate from the [federal interstate
commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or other
federal  or  state agency authorizing discontinuance of railroad service
or abandonment of railroad  transportation  property,  (b)  approval  of
discontinuance  of service or a determination of abandonment of railroad
transportation property pursuant to this section, and (c) the receipt of
an application to release a preferential acquisition right  to  railroad
transportation property pursuant to this section.
  2.  For  the  purposes of this section, property shall be deemed to be
abandoned for railroad transportation purposes (a) when, where  required
by law, a certificate of abandonment of the railroad line situate there-
on has been issued by the [interstate commerce commission] UNITED STATES
DEPARTMENT  OF  TRANSPORTATION  and/or any other federal or state agency
having jurisdiction thereof; or (b) when such a certificate of  abandon-
ment is not so required and the use of such property for railroad trans-
portation  purposes has been discontinued with the intent not to resume.
Intent not to resume may be inferred from circumstances. Non-use of  the
property  for railroad transportation purposes for two consecutive years
shall create a presumption of abandonment.   When use of  such  property
for  railroad  transportation  purposes  has  been discontinued and upon
request of the property owner or his own motion, the commissioner  shall
undertake  an investigation thereof, which may include consultation with
the [interstate commerce commission] UNITED STATES DEPARTMENT OF  TRANS-
PORTATION, and shall render a determination as to whether or not (a) the
property  owner  has  definite  plans  for  the use of such property for
purposes ordinarily associated with the safe and normal operation  of  a
railroad  or  associated  transportation  purposes;  (b)  such  property
continues to be suitable for such railroad transportation purposes;  and
(c)  such  property is necessary, either presently or in the future, for
such railroad transportation purposes.  Such property shall be deemed to
be abandoned for railroad transportation purposes  if  the  commissioner
shall  determine  that  (a) the property owner has no definite plans for
the use of such property for purposes  ordinarily  associated  with  the
safe  and  normal  operation  of a railroad or associated transportation
purposes; or (b) such property is no longer suitable for  such  railroad
transportation  purposes; and (c) such property is not necessary, either
presently or in the future, for such railroad  transportation  purposes.
The  commissioner  shall  render  such  determination within ninety days
after the commencement of  such  investigation  and  such  determination
shall  be conclusive except that if the property is determined not to be
so abandoned such determination shall not preclude the undertaking of  a
subsequent  investigation  concerning  the same property. Sales of aban-
doned railroad transportation property for  continued  or  resumed  rail
transportation use may be exempted at the commissioner's discretion from
the  preferential  right of acquisition. This section shall not apply to
the subsequent resale of  property  lawfully  acquired  subject  to  the

S. 6258--B                         20                         A. 9058--B

provisions  of  this  section as then applicable, except when the subse-
quent sale involves property previously exempted from  this  section  by
the commissioner.
  S 13. Section 98 of the transportation law, as added by chapter 267 of
the laws of 1970, is amended to read as follows:
  S 98. Tariff  schedules;  publication. Every common carrier shall file
with the commissioner and shall print and keep open to public inspection
schedules showing the rates, fares and charges for the transportation of
passengers and property within the state between  each  point  upon  its
route  and  all  other  points  thereon; and between each point upon its
route and all points upon every route leased, operated or controlled  by
it;  and between each point on its route or upon any route leased, oper-
ated or controlled by it and all points upon  the  route  of  any  other
common  carrier, whenever a through route and joint rate shall have been
established or ordered between any two such points.  If  no  joint  rate
over  a through route has been established, the several carriers in such
through route shall file, print and keep open to public  inspection,  as
aforesaid,  the  separately established rates, fares and charges applied
to the through transportation. The schedules printed as aforesaid  shall
plainly  state  the places between which property and passengers will be
carried, and shall also contain  the  classification  of  passengers  or
property in force, and shall also state separately all terminal charges,
storage  charges, icing charges, and all other charges which the commis-
sioner may require to be stated, all privileges or facilities granted or
allowed, and any rules or  regulations  which  may  in  anywise  change,
affect or determine any part, or the aggregate of, such aforesaid rates,
fares  and  charges, or the value of the service rendered to the passen-
ger, shipper or consignee. Such schedules shall be  plainly  printed  in
large type, and a copy thereof shall be kept by every such carrier read-
ily  accessible  to and for convenient inspection by the public in every
station or office of such  carrier  where  passengers  or  property  are
respectively received for transportation, when such station or office is
in  charge  of  an agent, and in every station or office of such carrier
where passenger tickets for transportation or tickets covering  sleeping
or  parlor  car or other train accommodation are sold or bills of lading
or receipts for property are issued. All or any of such  schedules  kept
as   aforesaid  shall  be  immediately  produced  by  such  carrier  for
inspection upon the demand of any person. A notice printed in bold  type
and  stating  that such schedules are on file with the agent and open to
inspection by any person and that the agent will assist any such  person
to  determine  from  such schedules any transportation rates or fares or
rules or regulations which are in force shall  be  kept  posted  by  the
carrier  in  two  public and conspicuous places in every such station or
office. The form of every such  schedule  shall  be  prescribed  by  the
commissioner and shall conform in the case of railroad company as nearly
as  may  be to the form of schedule required by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION under the act  of
congress  entitled  "An  act  to  regulate  commerce," approved February
fourth, eighteen hundred and eighty-seven and the acts amendatory there-
of and supplementary thereto. The commissioner shall  have  power,  from
time  to  time,  in  his discretion, to determine and prescribe by order
such changes in the form of such schedules as may  be  found  expedient,
and to modify the requirements of this section in respect to publishing,
posting  and  filing  of  schedules either in particular instances or by
general order applicable to special or peculiar circumstances or  condi-
tions.

S. 6258--B                         21                         A. 9058--B

  S  14.  Section 126 of the transportation law, as added by chapter 267
of the laws of 1970, is amended to read as follows:
  S 126. Uniform  system  of  accounts; access to accounts; forfeitures.
The commissioner may, whenever he deems advisable, establish a system of
accounts to be used by common carriers which are subject to  his  super-
vision,  or  may  classify  the  said carriers and prescribe a system of
accounts for each class, and may prescribe  the  manner  in  which  such
accounts  shall  be  kept.  He  may also in his discretion prescribe the
forms of accounts, records and memoranda to be kept  by  such  carriers,
including the accounts, records and memoranda of the movement of traffic
as  well  as  the  receipts and expenditures of moneys. Notice of alter-
ations by the commissioner in the required method or form of  keeping  a
system  of  accounts  shall  be given to such persons or carriers by the
commissioner at least six months before the same are to take effect. The
system of accounts established by the  commissioner  and  the  forms  of
accounts,  records  and  memoranda  prescribed  by him as provided above
shall conform in the case of railroad companies as nearly as may  be  to
those  from  time  to time established and prescribed by the [interstate
commerce commission] UNITED STATES DEPARTMENT  OF  TRANSPORTATION  under
the  provisions  of  the  act  of  congress entitled "An act to regulate
commerce" approved February fourth, eighteen hundred  eighty-seven,  and
the  acts  amendatory thereof or supplementary thereto. The commissioner
shall at all times have access to all accounts,  records  and  memoranda
kept  by  common carriers and may designate any officers or employees of
the department who shall thereupon have authority under the order of the
commissioner to inspect and examine any and all  accounts,  records  and
memoranda  kept  by  such carriers. The commissioner may, after hearing,
prescribe by order the accounts in which particular outlays and receipts
shall be entered, charged or credited. At any such hearing the burden of
proof shall be on the common carrier to establish the correctness of the
accounts in which such outlays and receipts have been entered,  and  the
commissioner  may suspend a charge or credit pending submission of proof
by such carrier.  Where the commissioner has  prescribed  the  forms  of
accounts,  records and memoranda to be kept by such carriers it shall be
unlawful for them to keep any other accounts, records or memoranda  than
those  so  prescribed,  or those prescribed by or under authority of the
United States.
  S 15. Section 134 of the transportation law, as added by  chapter  267
of the laws of 1970, is amended to read as follows:
  S 134. Duties  of  commissioner  as to interstate traffic. The commis-
sioner may investigate interstate freight or passenger rates  or  inter-
state  freight  or  passenger service on railroads within the state, and
when such rates are, in the opinion of the  commissioner,  excessive  or
discriminatory or are levied or laid in violation of the act of congress
entitled  "An act to regulate commerce," approved February fourth, eigh-
teen hundred and eighty-seven,  and  the  acts  amendatory  thereof  and
supplementary  thereto, or in conflict with the rulings, orders or regu-
lations of the [interstate commerce commission] UNITED STATES DEPARTMENT
OF TRANSPORTATION, the commissioner may apply by petition to the [inter-
state commerce commission] UNITED STATES  DEPARTMENT  OF  TRANSPORTATION
for relief or may present to the [interstate commerce commission] UNITED
STATES  DEPARTMENT  OF TRANSPORTATION all facts coming to his knowledge,
as to violations of the rulings, orders, or regulations of that  commis-
sion  or  as  to violations of the said act to regulate commerce or acts
amendatory thereof or supplementary thereto.

S. 6258--B                         22                         A. 9058--B

  S 16. The opening paragraph of section 432 of the transportation  law,
as  amended by chapter 385 of the laws of 1994 and as further amended by
section 1 of part W of chapter 56 of the laws of  2010,  is  amended  to
read as follows:
  The  level  of  railroad  participation  in the program for the period
nineteen hundred eighty-seven through nineteen hundred ninety-one  shall
depend on the estimated tax abatement as computed by the commissioner of
taxation  and finance pursuant to either subdivision (c) of section four
hundred eighty-nine-j or subdivision (c) of section four hundred  eight-
y-nine-hh  of  the real property tax law. The nature of railroad partic-
ipation in the program, as set forth below, shall be based on the  rail-
road's economic or exemption factor under title two-A and title two-B of
article  four of the real property tax law, as applicable, and the rail-
road's size classification as determined  by  the  [interstate  commerce
commission]  UNITED  STATES DEPARTMENT OF TRANSPORTATION, based on rail-
road system gross revenues. Regardless of the  level  of  their  partic-
ipation,  all  railroads shall annually certify to the commissioner that
to the best of their knowledge and belief such railroads are in substan-
tial compliance with the terms and conditions of any contracts they  may
have with the department.
  S  17.  The  opening paragraph of subdivision 1 of section 1690 of the
vehicle and traffic law, as amended by chapter 420 of the laws of  2001,
is amended to read as follows:
  Notwithstanding any other provision of law, where the trial of a traf-
fic  or  parking infraction is authorized or required to be tried before
the Nassau county district court, and such traffic and  parking  infrac-
tion does not constitute a misdemeanor, felony, violation of subdivision
one  of  section  eleven hundred ninety-two, subdivision five of section
eleven hundred ninety-two,  section  three  hundred  ninety-seven-a,  or
subdivision  (g)  of section eleven hundred eighty of this chapter, or a
violation of paragraph (b) of subdivision four of section fourteen-f  or
clause  (b)  of subparagraph (iii) of paragraph [d] C of subdivision two
of section one hundred forty of the transportation law, or  any  offense
that  is  part of the same criminal transaction, as that term is defined
in subdivision two of section 40.10 of the criminal  procedure  law,  as
such  a  misdemeanor,  felony,  violation  of subdivision one of section
eleven hundred ninety-two, subdivision two  of  section  eleven  hundred
ninety-two,  section  three hundred ninety-seven-a or subdivision (g) of
section eleven hundred eighty of this chapter, or a violation  of  para-
graph  (b)  of  subdivision  four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph d of  subdivision  two  of  section  one
hundred forty of the transportation law, the administrative judge of the
county  in which the trial court is located, may assign judicial hearing
officers to conduct such a trial. Such judicial hearing  officers  shall
be  village  court justices or retired judges either of which shall have
at least two years of experience conducting trials of traffic and  park-
ing  violations  cases  and  shall  be  admitted to practice law in this
state. Where such assignment is made, the judicial hearing officer shall
entertain the case in the same manner as a court and shall:
  S 18. Subdivision 2 of section 371 of the general  municipal  law,  as
amended  by  chapter  19  of  the  laws  of  2009, is amended to read as
follows:
  2. The Nassau county traffic and parking violations agency, as  estab-
lished,  may be authorized to assist the Nassau county district court in
the disposition and administration of infractions of traffic and parking
laws, ordinances, rules and regulations and the liability of owners  for

S. 6258--B                         23                         A. 9058--B

violations  of  subdivision  (d) of section eleven hundred eleven of the
vehicle and traffic  law  in  accordance  with  section  eleven  hundred
eleven-b  of  such law, except that such agency shall not have jurisdic-
tion  over  (a)  the traffic infraction defined under subdivision one of
section eleven hundred ninety-two of the vehicle and  traffic  law;  (b)
the  traffic infraction defined under subdivision five of section eleven
hundred ninety-two of the vehicle and traffic  law;  (c)  the  violation
defined under paragraph (b) of subdivision four of section fourteen-f of
the  transportation  law  and  the violation defined under clause (b) of
subparagraph (iii) of paragraph [d] C of subdivision two of section  one
hundred  forty  of  the  transportation  law; (d) the traffic infraction
defined under section three hundred ninety-seven-a of  the  vehicle  and
traffic  law and the traffic infraction defined under subdivision (g) of
section eleven hundred eighty of the vehicle and traffic  law;  (e)  any
misdemeanor or felony; or (f) any offense that is part of the same crim-
inal  transaction, as that term is defined in subdivision two of section
40.10 of the criminal procedure law, as a violation of  subdivision  one
of  section  eleven hundred ninety-two of the vehicle and traffic law, a
violation of subdivision five of section eleven  hundred  ninety-two  of
the vehicle and traffic law, a violation of paragraph (b) of subdivision
four  of  section  fourteen-f  of the transportation law, a violation of
clause (b) of subparagraph (iii) of paragraph d of  subdivision  two  of
section  one  hundred  forty  of  the transportation law, a violation of
section three hundred ninety-seven-a of the vehicle and traffic  law,  a
violation  of  subdivision  (g)  of section eleven hundred eighty of the
vehicle and traffic law or any misdemeanor or felony.
  S 19. Subdivision 1 of section 27-1321 of the environmental  conserva-
tion  law,  as  added  by chapter 915 of the laws of 1983, is amended to
read as follows:
  1. Notwithstanding any other provision of law  to  the  contrary,  any
person  who  is,  by professional training or experience and attainment,
qualified to analyze and interpret matters pertaining to the  treatment,
storage,  disposal,  or  transport  of  hazardous materials or hazardous
wastes, and who voluntarily and without expectation of monetary  compen-
sation  provides  assistance  or  advice in mitigating the effects of an
accidental or threatened discharge of any hazardous materials or hazard-
ous wastes, or in preventing, cleaning up,  or  disposing  of  any  such
discharge,  shall  not be subject to a penalty or to civil liability for
damages or injuries alleged to have been  sustained  by  any  person  or
entity  by reason of an act or omission in the giving of such assistance
or advice. For the purposes of this section, the term "hazardous materi-
als" shall have the same meaning [given] AS that  term  [in  subdivision
one  of]  IS  DEFINED  IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
TRANSPORTATION PURSUANT TO section fourteen-f of the transportation law,
and the term "hazardous wastes" shall mean those  wastes  identified  or
listed  pursuant  to  section  27-0903 of this article and any rules and
regulations promulgated thereunder.
  S 20. Subdivision 1 of section 156-a of the executive law, as  amended
by  section  1 of part D of chapter 1 of the laws of 2004, is amended to
read as follows:
  1. The state fire administrator shall[,  in  his  or  her  discretion,
consult  with the fire fighting and code enforcement personnel standards
and education commission established pursuant  to  section  one  hundred
fifty-nine-a  of  this  article,  to]  establish a specialized hazardous
materials emergency response training program for individuals  responsi-
ble  for  providing  emergency  response  recovery  following  incidents

S. 6258--B                         24                         A. 9058--B

involving hazardous materials as SUCH TERM  IS  defined  in  [accordance
with]  REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER OF TRANSPORTATION
PURSUANT TO section fourteen-f of the transportation law. The state fire
administrator  shall  inform  all fire companies, municipal corporations
and districts, including agencies and departments thereof and all  fire-
fighters,  both  paid  and volunteer, and related officers and employees
and police officers  of  the  implementation  and  availability  of  the
hazardous  materials  emergency  response  training  program  and shall,
subject to the availability of an appropriation, conduct  such  training
with  sufficient  frequency  to  assure  adequate  response to incidents
involving hazardous  materials  and  protection  of  responders  in  all
geographic areas of the state.
  S  21.  This act shall take effect immediately; provided, however that
the amendments to subdivision 2 of section 371 of the general  municipal
law,  made  by section eighteen of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith.

                                 PART H

  Section 1. Subdivisions 1 and 2 of section  11-0515  of  the  environ-
mental  conservation law, as amended by chapter 528 of the laws of 1986,
are amended to read as follows:
  1. The department may issue to any person a license revocable  at  its
pleasure  to collect or possess fish, wildlife, shellfish, crustacea, OR
aquatic insects, birds' nests or eggs for propagation,  banding,  scien-
tific  or  exhibition  purposes.  The  department  in its discretion may
require an applicant to pay a license fee of  ten  dollars,  [to  submit
written  testimonials from two well-known persons] and to file a bond of
two hundred dollars to be approved by the department that he OR SHE will
not violate any provisions of this article.  Each  licensee  shall  file
with  the  department  [on  or before February 1] a report [of his oper-
ations during the preceding calendar year] CONTAINING  SUCH  INFORMATION
AS  THE  DEPARTMENT  MAY REQUIRE. Such license shall be [effective until
revoked] IN FORCE FOR ONE YEAR ONLY AND SHALL NOT BE TRANSFERABLE.
  2. The department may also issue a license revocable at  its  pleasure
to  possess  and  sell protected fish, wildlife, shellfish, crustacea or
aquatic insects for propagation, scientific or exhibition purposes.  The
department in its discretion may require a license fee of  ten  dollars.
Such license shall be in force for one year only and shall not be trans-
ferable.  Each  licensee  shall [make] FILE WITH THE DEPARTMENT a report
[of his or her operations at the expiration of the  license]  CONTAINING
SUCH  INFORMATION AS THE DEPARTMENT MAY REQUIRE. Fish, wildlife, shellf-
ish, crustacea or aquatic insects lawfully possessed under this  section
may  be  sold at any time by the licensee for propagation, scientific or
exhibition purposes only.
  S 2. Subdivision 1 of section 11-0521 of the  environmental  conserva-
tion  law,  as amended by chapter 600 of the laws of 1993, is amended to
read as follows:
  1. The department may direct any environmental  conservation  officer,
or  issue a permit to any person, to take any wildlife at any time when-
ever it becomes a nuisance, destructive to public or private property or
a threat to public health or welfare, provided, however, that where such
wildlife is a bear, no such permit shall be issued except upon proof  of
damage  to  such property or threat to public health or safety presented
to the department. Upon presentation of such proof, the  department  may
issue  a permit authorizing the use of trained tracking dogs pursuant to

S. 6258--B                         25                         A. 9058--B

section 11-0928 of this article, and, if the department  has  determined
that  no  other  alternative  is feasible, a separate permit to take the
bear. Wildlife so taken shall be  disposed  of  as  the  department  may
direct.    ANY PERSON, AGENCY, CORPORATION OR MUNICIPALITY WHO OBTAINS A
MIGRATORY BIRD DEPREDATION PERMIT OR ORDER ISSUED BY THE FEDERAL DEPART-
MENT OF THE INTERIOR PURSUANT TO 50 C.F.R. 13 AND 50 C.F.R. 21,  AS  MAY
BE  AMENDED  FROM TIME TO TIME, SHALL NOT BE REQUIRED TO OBTAIN A PERMIT
FROM THE DEPARTMENT TO CONDUCT THE AUTHORIZED ACTIVITIES.
  S 3. Subdivisions 6 and 9 of  section  11-0523  of  the  environmental
conservation  law,  subdivision 6 as added by chapter 911 of the laws of
1990 and subdivision 9 as amended by chapter 114 of the  laws  of  1981,
are amended to read as follows:
  6. Raccoons, MUSKRATS, coyotes or fox injuring private property may be
taken by the owner, occupant or lessee thereof, or an employee or family
member of such owner, occupant or lessee, at any time in any manner.
  9.  Varying  hares,  cottontail  rabbits,  skunks, black, grey and fox
squirrels, raccoons, MUSKRATS, opossums or  weasels  taken  pursuant  to
this  section  in  the  closed  season  or  in a manner not permitted by
section 11-0901 shall be immediately buried or cremated. No person shall
possess or traffic in such skunks or raccoons or the pelts thereof or in
such varying hares or cottontail rabbits or the flesh thereof.
  S 4. Subdivision 4 of section 11-0524 of the  environmental  conserva-
tion  law,  as  added  by chapter 265 of the laws of 2002, is amended to
read as follows:
  4. The fee for a nuisance wildlife control operator license  shall  be
fifty  dollars  paid  annually  to be deposited in the conservation fund
established pursuant to section eighty-three of the state  finance  law,
PROVIDED, HOWEVER, THAT A MUNICIPALITY SHALL NOT BE SUBJECT TO THIS FEE.
  S  5.  Subdivisions  3  and  4 of section 11-0927 of the environmental
conservation law, are amended to read as follows:
  3. Wild game shall not be taken by shooting or otherwise killed in the
course of a field trial. Other game on which a field trial may  be  held
as  provided in this section may be taken by shooting in the course of a
field trial, except a field trial held on a licensed dog training  area,
provided  a license for such shooting has been procured from the depart-
ment. Game so taken shall be immediately [tagged for identification with
seals, to be supplied to the licensee] IDENTIFIED ON FORMS  PROVIDED  by
the  department  [at  the price of five cents each, and such seals shall
not be removed] until the game is finally prepared for consumption.
  4. Game so [tagged] IDENTIFIED may be possessed,  transported,  bought
and sold at any time, without limitation by section 11-0917.
  S  6.  Subdivision 2 of section 11-0931 of the environmental conserva-
tion law, as amended by chapter 483 of the laws of 2010, is  amended  to
read as follows:
  2. No firearm or crossbow except a pistol or revolver shall be carried
or  possessed  in  or  on  a  motor vehicle unless it is unloaded, for a
firearm in both the chamber and  the  magazine,  except  that  a  loaded
firearm which may be legally used for taking migratory game birds may be
carried  or possessed in a motorboat while being legally used in hunting
migratory game birds, and no person except a law enforcement officer  in
the  performance  of  his  official duties shall, while in or on a motor
vehicle, use a jacklight, spotlight or other artificial light upon lands
inhabited by deer if he is in possession or is accompanied by  a  person
who is in possession, at the time of such use, of a longbow, crossbow or
a  firearm  of any kind except a pistol or revolver, unless such longbow
is unstrung or such firearm  or  crossbow  is  taken  down  or  securely

S. 6258--B                         26                         A. 9058--B

fastened  in  a case or locked in the trunk of the vehicle. For purposes
of this subdivision, motor vehicle shall mean  every  vehicle  or  other
device  operated  by  any power other than muscle power, and which shall
include  but  not  be limited to automobiles, trucks, motorcycles, trac-
tors, trailers and motorboats, snowmobiles  and  snowtravelers,  whether
operated  on  or  off public highways. Notwithstanding the provisions of
this subdivision, the department may issue a permit to any person who is
non-ambulatory, except with the use of a mechanized aid,  to  possess  a
loaded  firearm  in  or  on  a motor vehicle as defined in this section,
subject to such restrictions as the department may deem necessary in the
interest of public safety[, and for a fee of five dollars].  Nothing  in
this  section  permits the possession of a pistol or a revolver contrary
to the penal law.
  S 7. Subdivision 2 of section 11-0931 of the  environmental  conserva-
tion  law,  as amended by section 50 of part F of chapter 82 of the laws
of 2002, is amended to read as follows:
  2. No firearm  except  a  pistol  or  revolver  shall  be  carried  or
possessed  in  or  on  a motor vehicle unless it is unloaded in both the
chamber and the magazine, except that a  loaded  firearm  which  may  be
legally used for taking migratory game birds may be carried or possessed
in a motorboat while being legally used in hunting migratory game birds,
and no person except a law enforcement officer in the performance of his
official  duties shall, while in or on a motor vehicle, use a jacklight,
spotlight or other artificial light upon lands inhabited by deer  if  he
is  in possession or is accompanied by a person who is in possession, at
the time of such use, of a longbow, crossbow or a firearm  of  any  kind
except  a  pistol  or  revolver, unless such longbow is unstrung or such
firearm is taken down or securely fastened in a case or  locked  in  the
trunk  of  the  vehicle. For purposes of this subdivision, motor vehicle
shall mean every vehicle or other device operated  by  any  power  other
than muscle power, and which shall include but not be limited to automo-
biles,  trucks,  motorcycles, tractors, trailers and motorboats, snowmo-
biles and snowtravelers, whether operated on  or  off  public  highways.
Notwithstanding  the  provisions of this subdivision, the department may
issue a permit to any person who is non-ambulatory, except with the  use
of  a mechanized aid, to possess a loaded firearm in or on a motor vehi-
cle as defined in this section, subject  to  such  restrictions  as  the
department may deem necessary in the interest of public safety[, and for
a  fee  of five dollars]. Nothing in this section permits the possession
of a pistol or a revolver contrary to the penal law.
  S 8. Section 11-1003 of the environmental conservation law, as amended
by section 51 of part F of chapter 82 of the laws of 2002, is amended to
read as follows:
S 11-1003. Falconry license.
  Any resident of this state may  be  issued  a  falconry  license.  The
department  shall  prescribe  and furnish forms for application for such
license. The fee for  the  license  shall  be  [twenty]  FORTY  dollars.
Falconry  licenses shall expire on December 31 every [second] FIFTH year
and shall be renewable at the discretion of the department.  A  falconry
license  shall  authorize  the  licensee  to  obtain, buy, sell, barter,
possess and train raptors  for  falconry  and  to  engage  in  falconry,
provided  that  no  game  shall be taken or killed except during an open
season therefor, and further provided  that  such  licensee  shall  also
possess  a  license pursuant to this chapter which authorizes the holder
to hunt wildlife.   Any non-resident, who  legally  possesses  a  raptor
where  he or she resides and who may legally engage in falconry where he

S. 6258--B                         27                         A. 9058--B

or she resides, may engage in falconry in New York  without  a  falconry
license  provided  he  or  she  possesses  a  valid non-resident hunting
license.
  S  9.  Section 11-1721 of the environmental conservation law, subdivi-
sion 2 as amended by chapter 528 of the laws of 1986, is amended to read
as follows:
S 11-1721. [Tagging] IDENTIFICATION of carcasses and parts thereof.
  1. The provisions of this section apply to carcasses and parts thereof
of
  a. domestic game killed on the premises of the holder  of  a  domestic
game bird breeder's license PURSUANT TO SECTION 11-1901 OF THIS ARTICLE,
domestic  game  animal  breeder's license PURSUANT TO SECTION 11-1905 OF
THIS ARTICLE or shooting preserve license PURSUANT TO SECTION 11-1903 OF
THIS ARTICLE;
  b. [domestic game raised outside the state on the premises of a holder
of a certificate under section 11-1715, subdivision 1;
  c. foreign game imported from outside the United States;
  d. wild deer (other than white-tailed deer), moose, elk,  caribou  and
antelope,  coming  from  outside the state, imported pursuant to section
11-1711;
  e.] bear possessed  under  license  pursuant  to  section  11-0515  or
outside  the  state  under a license similar in principle and killed for
food purposes[, and bought and sold for such purpose under  permit  from
the department pursuant to section 11-1713];
  [f.] C. trout, black bass, lake trout, landlocked salmon, muskellunge,
pike,  pickerel  and walleye taken from fishing preserve waters licensed
pursuant to section 11-1913.
  2. All such [game] CARCASSES AND PARTS shall  be  [tagged]  IDENTIFIED
with  a  [tag  or  seal,  which  shall be supplied] FORM PROVIDED by the
department [for a fee of five cents for each tag or  seal.  The  tag  or
seal shall be affixed to each game bird, and in the case of foreign game
shall  be  affixed  to the breast skin, and to the flesh of each quarter
and loin of other game, and shall remain so affixed until  the  game  is
finally  prepared for consumption.  Trout, black bass, lake trout, land-
locked salmon, muskellunge, pike, pickerel and walleye taken from  fish-
ing preserve waters licensed pursuant to section 11-1913 shall be tagged
as prescribed by the department, with a seal, which shall be supplied by
the department for a fee of five cents for each seal].
  3.  [Domestic game killed in this state] CARCASSES AND PARTS shall not
be possessed unless [tagged] ACCOMPANIED  BY  A  FORM  PROVIDED  BY  THE
DEPARTMENT  as  required  by  this  section. [Foreign game imported from
outside the United States and domestic and wild game coming from outside
the state shall be tagged before it is brought into the state  or  imme-
diately upon its receipt within this state by the consignee.
  4.  No  person shall counterfeit any seal or tag issued by the depart-
ment. No person shall attach such a  tag  to  game  which  is  not  game
described in subdivision 1, nor attach to any game described in subdivi-
sion  1  a  tag  or  seal  other  than the tag or seal prescribed by the
department for the tagging of such game.]
  S 10. Section 11-1723 of the environmental conservation law is amended
to read as follows:
S 11-1723. Sale of game and trout; transportation within the state.
  1. a. Except as provided in paragraph b, game and  trout  required  by
section  11-1721  to  be  [tagged,  when  so  tagged] IDENTIFIED, may be
possessed, bought and sold, and subject to section 11-1725 may be trans-
ported within and from within to without the state by any means.

S. 6258--B                         28                         A. 9058--B

  b. No domestic duck, goose, brant or swan killed by shooting shall  be
bought  or  sold  unless marked [by having had the hind toe of the right
foot removed as provided in subdivision 5 of section 11-1901] IN ACCORD-
ANCE WITH REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY
THE  DEPARTMENT  OF  THE  INTERIOR  PURSUANT  TO  50 C.F.R. 21 AS MAY BE
AMENDED FROM TIME TO TIME.
  2. No person shall sell or offer for  sale  any  such  game  or  trout
unless it is so [tagged] IDENTIFIED.
  S 11. Section 11-1725 of the environmental conservation law is amended
to read as follows:
S 11-1725. Shipment by carriers.
  1.  Carriers may receive, and may transport, within and from within to
without the state, carcasses and parts thereof  of  game,  described  in
subdivision 1 of section 11-1721[, tagged] AND IDENTIFIED as provided in
that section, when they are also labeled as provided in this section.
  2.  a. When received in this state by a carrier, or transported within
or from within to without the state by a carrier, every shipment of game
required by section 11-1721 to be [tagged] IDENTIFIED, shall  also  have
attached  a  card  or  label  with the following data plainly printed or
written thereon: names and addresses of consignor and consignee,  number
and  kind  of  carcasses or parts thereof[, and that the same is (as the
case may be) domestic game, imported  foreign  game,  or  game  imported
under  permit  (in the case of game imported pursuant to section 11-1711
or 11-1713)].
  b. If the consignor is the person who holds the game breeder's license
or shooting preserve license[, or the certificate under section 11-1715,
or the permit under section 11-1711 or 11-1713,] by authority  of  which
such game (other than imported foreign game) is saleable, or if the game
is  imported foreign game shipped by a licensed game dealer, the card or
label shall also state the name  and  address  of  the  holder  of  such
license, [certificate or permit] and the number of the license[, certif-
icate or permit].
  3.  No  carrier or employee thereof shall, while engaged in such busi-
ness, transport as owner any fish or  game  not  lawfully  saleable.  No
carrier  or employee thereof shall knowingly receive or possess any fish
or game, whether packed or unpacked, for shipment for any person, unless
(a) if it is game or trout described in section 11-1721, it is  [tagged]
IDENTIFIED  as  required  by that section, and (b) in any case, it bears
the tag, card, IDENTIFICATION or label required by this  section  or  by
sections 11-0911, 11-0917, 11-1319 or 11-1913.
  S  12. Subdivisions 1, 5 and 8 of section 11-1901 of the environmental
conservation law, paragraphs a and b of  subdivision  1  as  amended  by
chapter 528 of the laws of 1986, are amended to read as follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands, or an entire  island,  a  domestic  game  bird
breeder's  license  permitting him to possess and propagate such species
of domestic game birds as, in its opinion, he has facilities for  propa-
gating  on  the  licensed premises. The license shall expire on March 31
[in each] EVERY FIFTH year. The department shall prescribe  and  furnish
forms  for  application  for  such  license. Applicants shall pay to the
department, and the  department  shall  be  entitled  to  receive,  fees
according to the type of license so issued as follows:
  a.  Class  A  license, [fifty] TWO HUNDRED dollars. This license shall
allow the holder thereof to purchase, possess, propagate, transport  and
sell domestic game birds, dead or alive, and their eggs.

S. 6258--B                         29                         A. 9058--B

  b.  Class B license, [ten] FORTY dollars. This license shall allow the
holder thereof to purchase, possess and propagate  domestic  game  birds
for  his  own  use. Birds may be killed for food or released to the wild
for restocking. No live birds or their eggs or carcasses  may  be  sold,
exchanged or given away.
  5.  Each  such  domestic duck, goose, brant and swan [before attaining
the age of four weeks] shall be marked [by having the hind  toe  of  the
right  foot  removed,  and no such duck, goose, brant or swan, over four
weeks of age, may be possessed or sold without such mark] IN  ACCORDANCE
WITH  REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY THE
DEPARTMENT OF THE INTERIOR PURSUANT TO 50 C.F.R. 21 AS  MAY  BE  AMENDED
FROM  TIME  TO  TIME. Birds so marked, which have escaped, may be recap-
tured by the licensee.  [Other  such  domestic  game  birds  which  have
escaped  may  be  recaptured by the licensee provided they are marked as
prescribed in the rules and  regulations  of  the  department.]  Escaped
birds  may be recaptured only on the premises of the licensee. [However,
removal of the hind toe of the right foot  shall  not  be  required  for
captive  geese, brant and swans, which were adult birds on March 1, 1967
and previously had been marked with a V-shaped mark on the  web  of  one
foot.]
  8.  [a. The department shall supply tags, for which the licensee shall
pay a fee of five cents each, which shall be affixed to the carcass of a
domestic game bird and remain so  affixed  until  the  bird  is  finally
prepared  for  consumption.  No  domestic  game  bird so killed shall be
possessed without such tag, and only an authorized person shall have  in
his possession such tags.
  b.  Notwithstanding  any provision in this section to the contrary, no
untagged carcass may be removed from the premises except carcasses which
are removed for the purpose of processing.  When  transporting  untagged
carcasses  for  such processing, the bearer must have a statement signed
by the licensee stating the number of carcasses  being  transported  and
the  name and address of the processor. The bearer must also have in his
possession tags equal  in  number  to  the  carcasses  transported.  The
processor  or  bearer,  after  picking and dressing the carcasses, shall
affix the tags, furnished by the licensee, to each carcass.
  c. The licensee shall keep records of the number of tags used, and  no
tags  shall  be removed from the licensed premises except as provided in
this subdivision. If a game bird breeder's license is not renewed on its
expiration date, all unused tags and inventory shall be returned to  the
nearest  regional office of the department not later than ten days after
the expiration date of the license. There shall be no  refund  of  money
for such returned tags, which shall be immediately invalidated.
  d.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements  of  section  11-1721.  Carcasses  of
domestic  game  birds,  tagged  as  provided in this subdivision, may be
possessed, bought, sold, offered for sale and transported, to the extent
permitted by sections 11-1719 and 11-1723.] DOMESTIC GAME BIRD CARCASSES
AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
ARTICLE.
  S  13. Subdivisions 2, 4 and 6 of section 11-1903 of the environmental
conservation law are REPEALED and subdivisions 1, 3, 7,  and  10,  para-
graph  c of subdivision 1 as amended by chapter 528 of the laws of 1986,
subdivision 3 as amended by chapter 465 of the laws of 1976,  and  para-
graph  d  of subdivision 7 as amended by chapter 37 of the laws of 1978,
are amended to read as follows:

S. 6258--B                         30                         A. 9058--B

  1. The department may, in its discretion, issue to an owner or  lessee
of wholly enclosed lands or an entire island a shooting preserve license
permitting  him  OR HER to purchase, possess, rear and transport, and to
release and take  by  shooting  therein,  domestic  game  birds  legally
possessed or acquired. No birds may be held for propagation after [March
31]  APRIL  15  unless the owner or lessee also has a domestic game bird
breeder's license as provided for in section 11-1901.  In  the  case  of
leased  lands,  the  applicant shall furnish with his OR HER application
evidence of a written lease executed by each lessor covering  the  prem-
ises  to  be  licensed.  The  license shall expire on [March 31 in each]
APRIL 15 EVERY FIFTH year. The department shall  prescribe  and  furnish
forms  for  application for such license.  Applicants shall pay, and the
department shall be entitled to receive, fees according to the  type  of
license issued as follows:
  a.  Class  A  license,  [fifty] TWO HUNDRED dollars [for the first one
hundred acres and five dollars for each additional one hundred acres  or
portion  thereof  comprising the premises described in the application].
This license shall allow the holder thereof to operate a commercial CLUB
OR MEMBERSHIP shooting preserve WITH A MINIMUM OF ONE HUNDRED ACRES  and
charge a daily fee for hunting or charge a fee for each bird killed or a
combination  thereof. Birds may be killed by the licensee for his OR HER
own use and may be sold dead or alive.
  b. [Class B license, twenty-five dollars for  the  first  one  hundred
acres  and  two  dollars and fifty cents for each additional one hundred
acres or portion thereof comprising the premises described in the appli-
cation. This license shall allow the holder thereof to operate a nonpro-
fit shooting  preserve  or  a  nonprofit  club  or  membership  shooting
preserve  with use limited to members and guests. Birds may be killed by
the licensee for his own use but  no  live  birds,  or  their  eggs,  or
carcasses  may  be  sold  unless  the licensee holds a Class A game bird
breeder's license.
  c.] Class [C] B license, [fifteen] SIXTY dollars [for  the  first  one
hundred  acres  and two dollars for each additional one hundred acres or
portion thereof comprising the premises described in  the  application].
This  license  shall  allow  the  holder  thereof  to operate a shooting
preserve with use restricted to the licensee,  his  OR  HER  family  and
invitees,  provided  no fees are charged for the privilege of hunting or
for birds shot. Birds may be killed by the licensee for his OR  HER  own
use  but  no  live birds, or their eggs, or carcasses may be sold unless
the licensee holds a Class A game bird breeder's license.
  3. The department may revoke the license of any licensee convicted  of
a  violation  of  this section, and no license shall be issued to him OR
HER for the ensuing two years. The licensee,  unless  he  OR  SHE  shall
waive such right, shall have an opportunity to be heard. Notice of hear-
ing shall be given by mailing the same in writing to the licensee at the
address  contained in his OR HER license. Attendance of witnesses may be
compelled by subpoena.  Revocation shall be deemed an administrative act
reviewable by the supreme court as such.
  7. Domestic game birds may not be killed, by shooting, on the premises
specified in the application for the license, except under the following
conditions:
  a. Birds [must be at least fourteen weeks of  age  before  liberation.
Ducks,  geese,  brant and swans] shall be marked [by having had the hind
toe of the right foot removed, except] as provided in subdivision  5  of
section  11-1901[,  and  no  such  duck, goose, brant or swan, over four
weeks of age, may be possessed, sold or killed by shooting without  such

S. 6258--B                         31                         A. 9058--B

mark].  Birds  so  marked,  which have escaped, may be recaptured by the
licensee. [Other such domestic game birds  which  have  escaped  may  be
recaptured by the licensee provided they are marked as prescribed in the
rules  and  regulations  of the department.] Escaped birds may be recap-
tured only on the premises of the licensee.
  [b. Before any shooting of domestic  game  birds  may  be  done  on  a
licensed  shooting  preserve  the licensee must advise the department in
writing of the numbers of each species of domestic  game  birds  reared,
purchased  or otherwise acquired for liberation, and request and receive
in writing a shooting authorization which shall  state  the  numbers  of
each  species  of game bird that may be taken by shooting. The number of
birds authorized to be taken by shooting shall not be less  than  eighty
per cent of the number liberated.
  Shooting authorization shall be based on the actual number of birds on
hand  or  on contract at the time of application for such authorization.
If birds are purchased, the applicant  shall  submit  one  copy  of  the
contract agreement signed by the purchaser and seller on forms furnished
by  the  department.  The  contract  shall  state  the name, address and
license number of the party from whom purchased as well as  the  numbers
of birds purchased and the dates of delivery.
  c.]  B. Ducks, geese, brant and swans liberated under this section may
be taken only under rules and regulations  made  by  the  department  OR
ADOPTED BY THE FEDERAL DEPARTMENT OF THE INTERIOR.
  [d]  C.  On the premises described in the application for the license,
the licensee may kill domestic game birds by shooting from  September  1
through  [March  31] APRIL 15 and in any manner, other than by shooting,
at any time, or any person may take domestic game birds by shooting from
September 1 through [March 31] APRIL 15 with the consent of  the  licen-
see. [When an investigation made by the department in the month of March
of  any  year  reveals  that during the current shooting preserve season
reasonable opportunities were not  afforded  to  harvest  domestic  game
birds  in  any  area  or  areas of the state because of abnormal weather
conditions, the department shall have  power  to  extend  by  order  the
shooting  preserve  season  in  such  area  or areas for a period not to
exceed 15 days.]
  10. a. [The department shall supply tags, for which the licensee shall
pay a fee of five cents each, which shall be  affixed  to  the  carcass]
CARCASSES  AND  PARTS  of  [a] domestic game [bird and remain so affixed
until the bird is finally  prepared  for  consumption]  BIRDS  SHALL  BE
ACCOMPANIED  BY  A  FORM  PROVIDED BY THE DEPARTMENT PURSUANT TO SECTION
11-1721 OF THIS ARTICLE.   No domestic game birds  so  killed  shall  be
possessed  OR  TRANSPORTED  without such [tag] FORM.  Only an authorized
person as provided in the rules and regulations of the department  shall
have in his OR HER possession such [tags] FORM.
  b.  [Notwithstanding any provision in this section to the contrary, no
untagged carcass may be removed from the premises except carcasses which
are removed for processing. When  transporting  untagged  carcasses  for
processing,  the  bearer  must  have  a statement signed by the licensee
stating the number of carcasses transported and the name and address  of
the processor. The bearer must also have in his possession tags equal in
number  to  the  carcasses  transported.  The processor or bearer, after
picking and dressing the carcasses, shall affix the tags,  furnished  by
the licensee, to each carcass.
  c.  The  licensee  shall keep records of the number of tags used. If a
shooting preserve license is not renewed on  its  expiration  date,  all
unused  tags  on  inventory  shall  be  returned to the nearest regional

S. 6258--B                         32                         A. 9058--B

office of the department not later than ten days  after  the  expiration
date of the license. There shall be no refund of money for such returned
tags, which shall be immediately invalidated.
  d.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements  of  section  11-1721.  Carcasses  of
domestic  game  birds,  tagged  as  provided in this subdivision, may be
possessed and transported by all licensees under this section, and  they
may  be  bought,  sold  and  offered for sale to the extent permitted by
sections 11-1719 and 11-1723, except that no domestic duck, goose, brant
or swan shall be bought, sold or killed by  shooting  unless  marked  as
provided  in subdivision 7 of this section] DOMESTIC GAME BIRD CARCASSES
AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
ARTICLE.
  S  14.  Subdivisions  1  and 6 of section 11-1905 of the environmental
conservation law, the opening paragraph of subdivision 1 as  amended  by
chapter  41  of the laws of 1973, paragraphs a and b of subdivision 1 as
amended by chapter 528 of the laws of  1986,  are  amended  to  read  as
follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands or an entire  island  a  domestic  game  animal
breeder's  license permitting him to possess and propagate domestic game
animals provided such animals are confined and cared  for  according  to
specifications  and  regulations  which  the department, by order, shall
adopt. The license shall expire on March 31 [of each] EVERY FIFTH  year.
The  department  shall  prescribe  and furnish forms for application for
such license. Applicants shall pay, and the department shall be entitled
to receive, fees in accordance with the type of license issued.
  a. Class A license, [fifty] TWO HUNDRED dollars.  This  license  shall
allow  the holder thereof to purchase, possess, propagate, transport and
sell domestic game animals dead or alive.
  b. Class B license, [ten] FORTY dollars. This license shall allow  the
holder  thereof to purchase, possess and propagate domestic game animals
for his own use. No animals may be sold, exchanged or given away  except
that  portions  of the carcass may be given away provided they are pack-
aged and the package bears the name and license number of the licensee.
  6. [a. The department shall supply tags  for  Class  A  licenses,  for
which the licensees shall pay five cents each, which shall be affixed to
each quarter and loin of each carcass of domestic game animals killed by
Class  A  licensees  and  remain  so  affixed  until the game is finally
prepared for consumption. No domestic game animal  so  killed,  nor  any
portion of the carcass thereof, shall be possessed without such tag, and
no person shall sell such quarter or loin without such tag attached.
  b.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements of section 11-1721. Loins or quarters
of domestic game animals, killed by Class  A  licensees  and  tagged  as
provided in this subdivision, may be possessed, bought, sold and offered
for sale, and transported as provided in section 11-1723 and may be sold
and  offered  for  sale  by  the  holder of a Class A license under this
section without the  game  dealer's  license  provided  for  in  section
11-1719.]  DOMESTIC  GAME ANIMAL CARCASSES AND PARTS SHALL BE IDENTIFIED
AS REQUIRED BY SECTION 11-1721 OF THIS ARTICLE.
  S 15. Section 11-1907 of the environmental conservation law is amended
by adding a new subdivision 3 to read as follows:
  3. ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE DEPARTMENT  SHALL
NOT ISSUE ANY NEW LICENSES PURSUANT TO THIS SECTION.

S. 6258--B                         33                         A. 9058--B

  S 16. Subparagraph 4 of paragraph b of subdivision 2 and subdivision 6
of section 11-1913 of the environmental conservation law, paragraph a of
subdivision 6 as amended by chapter 528 of the laws of 1986, are amended
to read as follows:
  (4)  specify the manner of [tagging] IDENTIFICATION OF fish taken from
the licensed waters, and
  6. a. All trout, black bass, lake trout,  landlocked  salmon,  muskel-
lunge,  pike,  pickerel  and  walleye  taken  from  the licensed fishing
preserve waters, shall  be  immediately  [tagged]  IDENTIFIED  ON  FORMS
PROVIDED  BY  THE DEPARTMENT as prescribed in the license or by order of
the department. [Such tags shall be furnished by the department and sold
to the licensee at the cost of five cents per tag.]
  b. The [tag so affixed] IDENTIFICATION  FORM  shall  [not  be  removed
from] ACCOMPANY the fish until the same is finally prepared for consump-
tion.
  c.  No  fish, required to be [tagged] IDENTIFIED as specified in para-
graph a of this subdivision, taken pursuant to  this  section  shall  be
possessed  off  the  premises of the fishing preserve without such [tag]
IDENTIFICATION FORM, and no person shall sell  such  fish  without  such
[tag  attached,  except for scientific, exhibition or stocking purposes]
IDENTIFICATION FORM.
  d. Fish taken from such fishing preserves and [tagged]  IDENTIFIED  as
provided in this subdivision, may be possessed, bought, sold and offered
for  sale, and transported without restriction. Fish raised or possessed
under license issued under this section may be  sold  at  any  time  for
scientific, exhibition, propagation or stocking purposes.
  S 17. Subdivision 14 of section 13-0309 of the environmental conserva-
tion law, as amended by section 1 of part A of chapter 59 of the laws of
2006, is amended to read as follows:
  14.  The  department,  until  April  first, two thousand [ten] SIXTEEN
shall be entitled to collect fifteen cents per bushel of surf clams  and
ten cents per bushel of ocean quahogs taken from all certified waters to
be  deposited  in  the  surf  clam/ocean  quahog  account as provided in
section eighty-three of the state finance law.
  S 18. Subdivision 3 of section 11-0103 of the environmental  conserva-
tion  law,  as  added  by chapter 664 of the laws of 1972, is amended to
read as follows:
  3. "Wild game" means all game,  except  (a)  domestic  game  bird  and
domestic  game  animal  as  defined  in  subdivision 4; (b) carcasses of
foreign game as defined in section 11-1717, imported  from  outside  the
United  States  [and  tagged  as  provided in section 11-1721]; (c) game
propagated or kept alive in captivity as provided  in  section  11-1907;
(d)  game imported alive pursuant to license of the department, or arti-
ficially propagated, until such game  is  liberated;  and  (e)  game  so
imported  or  propagated when liberated for the purpose of a field trial
and taken during the field trial for which it was liberated.
  S 19. Subdivision 2 of section 11-1717 of the environmental  conserva-
tion  law,  as  added  by chapter 664 of the laws of 1972, is amended to
read as follows:
  2. The carcasses, or parts thereof,  of  foreign  game  imported  from
outside  the  United  States  may  be  bought  and  sold [when tagged as
required in section  11-1721,  subject  to  the  provisions  of  section
11-1719 with respect to dealers' licenses].
  S  20. This act shall take effect immediately, except that if this act
shall have become a law on or after April 1, 2012 this  act  shall  take
effect  immediately  and  shall be deemed to have been in full force and

S. 6258--B                         34                         A. 9058--B

effect on and after April 1,  2012;  provided  that  the  amendments  to
subdivision  2  of section 11-0931 of the environmental conservation law
made by section six of this act shall be subject to the  expiration  and
reversion  of  such  subdivision  pursuant to chapter 483 of the laws of
2010, as amended, when upon such date the provisions of section seven of
this act shall take effect.

                                 PART I

  Section 1. Section 2 of the public service law is amended by adding  a
new subdivision 28 to read as follows:
  28.  THE TERM "VOICE-OVER-INTERNET PROTOCOL SERVICE" OR "VOIP SERVICE"
WHEN USED IN THIS CHAPTER, SHALL MEAN  ANY  SERVICE  THAT:  (A)  ENABLES
REAL-TIME  TWO-WAY VOICE COMMUNICATIONS THAT ORIGINATE FROM OR TERMINATE
TO THE USER'S LOCATION USING INTERNET PROTOCOL OR ANY  SUCCESSOR  PROTO-
COL;  (B)  USES A BROADBAND CONNECTION FROM THE USER'S LOCATION; AND (C)
PERMITS USERS GENERALLY TO RECEIVE CALLS THAT ORIGINATE  ON  THE  PUBLIC
SWITCHED TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE PUBLIC SWITCHED
TELEPHONE NETWORK.
  S  2.  Paragraph d of subdivision 1 of section 5 of the public service
law, as amended by chapter 155 of the laws of 1970, is amended  to  read
as follows:
  d. To every telephone line which lies wholly within the state and that
part  within  the  state  of New York of every telephone line which lies
partly within and partly without the state and to the persons or  corpo-
rations  owning, leasing or operating any such telephone line.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE COMMIS-
SION, THE DEPARTMENT OF PUBLIC SERVICE,  NOR  ANY  OTHER  DEPARTMENT  OR
AGENCY  OF  THIS STATE, OR ANY POLITICAL SUBDIVISION THEREOF, SHALL HAVE
AUTHORITY TO REGULATE THE ENTRY, RATES OR  OTHER  TERMS  OF  SERVICE  OF
VOICE-OVER-INTERNET  PROTOCOL SERVICE.   PROVIDED, HOWEVER, THAT NOTHING
IN THIS PARAGRAPH SHALL AFFECT THE AUTHORITY OF THE STATE OR  ITS  AGEN-
CIES  TO  ENFORCE  SUCH REQUIREMENTS AS ARE OTHERWISE EXPRESSLY PROVIDED
FOR BY FEDERAL LAW, INCLUDING, BUT NOT LIMITED  TO,  CONNECTION  TO  911
FACILITIES,  THE  COLLECTION  OF  ENHANCED  911 FEES, TELECOMMUNICATIONS
RELAY  SERVICE  FEES,  OR  FEDERAL  UNIVERSAL  SERVICE  FUND   FEES   ON
VOICE-OVER-INTERNET  PROTOCOL  SERVICES THAT MAY BE DETERMINED TO APPLY,
OR BE CONSTRUED TO (1) MODIFY  OR  AFFECT  THE  RIGHTS,  OBLIGATIONS  OR
AUTHORITY OF ANY ENTITY, INCLUDING BUT NOT LIMITED TO THE PUBLIC SERVICE
COMMISSION,  TO  ACT PURSUANT TO, OR ENFORCE THE PROVISIONS OF 47 U.S.C.
251, 47 U.S.C. 252, ANY APPLICABLE TARIFF, OR ANY STATE LAW, RULE, REGU-
LATION OR ORDER RELATED TO WHOLESALE  RIGHTS,  DUTIES  AND  OBLIGATIONS,
INCLUDING THE RIGHTS, DUTIES, AND OBLIGATIONS OF LOCAL EXCHANGE CARRIERS
TO  INTERCONNECT  AND  EXCHANGE  VOICE TRAFFIC; (2) MODIFY OR AFFECT THE
AUTHORITY OF THE PUBLIC SERVICE COMMISSION TO IMPLEMENT, CARRY OUT,  AND
ENFORCE  SUCH  PROVISIONS, RIGHTS, DUTIES, OBLIGATIONS OR TARIFF THROUGH
ARBITRATION PROCEEDINGS OR OTHER AVAILABLE MECHANISMS AND PROCEDURES; OR
(3) AFFECT THE PAYMENT OF SWITCHED NETWORK ACCESS RATES OR OTHER  INTER-
CARRIER  COMPENSATION  RATES,  AS  APPLICABLE.   NOTHING HEREIN SHALL BE
CONSTRUED TO AFFECT THE APPLICATION OR ENFORCEMENT OF OTHER STATUTES  OR
REGULATIONS  THAT  APPLY  GENERALLY  TO  THE  CONDUCT OF BUSINESS IN THE
STATE, INCLUDING CONSUMER PROTECTION, TAXATION OR  UNFAIR  OR  DECEPTIVE
TRADE PRACTICES RULES OF GENERAL APPLICABILITY.
  S 3. Subdivision 1 of section 90 of the public service law, as amended
by chapter 414 of the laws of 1981, is amended to read as follows:

S. 6258--B                         35                         A. 9058--B

  1.  [The]  EXCEPT  AS  PROVIDED  IN  PARAGRAPH D OF SUBDIVISION ONE OF
SECTION FIVE OF THIS CHAPTER, THE provisions of this article shall apply
to communication by telegraph or telephone between one point and another
within the state of New York and  to  every  telegraph  corporation  and
telephone corporation.
  S 4. This act shall take effect immediately.

                                 PART J

  Section  1.  Paragraph  f  of  subdivision 1 of section 72-0402 of the
environmental conservation law, as added by chapter 99 of  the  laws  of
2010, is amended to read as follows:
  f.  In any case where a generator EITHER (I) recycles more than ninety
percent of the [amount] TOTAL TONS of hazardous waste or more than nine-
ty percent of the [amount] TOTAL TONS of hazardous wastewater  WHICH  it
[produces  in  any] GENERATED DURING THAT calendar year, as certified to
the commissioner, [upon which a fee is imposed pursuant to this section,
any such fee imposed or to be imposed in such  case]  OR  (II)  RECYCLES
MORE  THAN FOUR THOUSAND TONS OF HAZARDOUS WASTE OR MORE THAN FOUR THOU-
SAND TONS OF HAZARDOUS WASTEWATER WHICH IT GENERATED  IN  THAT  CALENDAR
YEAR, AS CERTIFIED TO THE COMMISSIONER, THE FEE IMPOSED PURSUANT TO THIS
SECTION  shall be [determined] CALCULATED AND IMPOSED based upon the net
amount of hazardous waste or THE  NET  AMOUNT  OF  hazardous  wastewater
generated[,  as  applicable,  which] THAT is not [so] recycled in [such]
THAT calendar year, rather than  upon  the  gross  [amount]  AMOUNTS  of
hazardous waste [or] AND hazardous wastewater generated in such calendar
year.
  S 2. This act shall take effect immediately and shall apply to hazard-
ous  waste  program  fee bills issued by the department of environmental
conservation after January 1, 2012  for  hazardous  waste  or  hazardous
wastewater generated during calendar year 2011 or later.

                                 PART K

  Section  1.  Subdivisions 2 and 4 of section 97-1 of the state finance
law, as added by chapter 565 of the law of 1989, are amended to read  as
follows:
  2.  The  sewage  treatment  program management and administration fund
[shall] MAY consist of (a) all moneys transferred to the state from  the
water  pollution  control  revolving  fund  pursuant  to  section twelve
hundred eighty-five-j of the  public  authorities  law,  (b)  all  OR  A
PORTION  OF  moneys made available to New York state for the purposes of
administering and managing  financial  assistance  provided  to  munici-
palities from the water pollution control revolving fund pursuant to the
Federal  Water  Pollution Control Act, and (c) all other moneys credited
or transferred thereto from any other fund or source  pursuant  to  law.
Notwithstanding  the  foregoing, no money reserved for planning pursuant
to section six hundred four (b) of the Federal Water  Pollution  Control
Act  shall  be  deposited in the sewage treatment program management and
administration fund.
  4. Moneys in such fund, following appropriation  by  the  legislature,
[shall]  MAY be used, for the purpose of paying all costs of the depart-
ment of environmental conservation  and  New  York  state  environmental
facilities  corporation  for management and administration of the sewage
treatment program established by section 17-1909  of  the  environmental
conservation  law  and  of  the  water  pollution control revolving fund

S. 6258--B                         36                         A. 9058--B

established by  section  twelve  hundred  eighty-five-j  of  the  public
authorities law.
  S  2. Subdivisions 2 and 4 of section 97-ddd of the state finance law,
as added by chapter 432 of the laws of 1997,  are  amended  to  read  as
follows:
  2.  The  drinking  water  program  management  and administration fund
[shall] MAY consist of (a) all moneys transferred to the state from  the
drinking  water revolving fund pursuant to section twelve hundred eight-
y-five-m of the public authorities law, (b) all OR A PORTION  OF  moneys
made  available  to  New  York  state  for purposes of administering and
managing financial assistance provided to recipients from  the  drinking
water  revolving  fund  pursuant to the Federal Safe Drinking Water Act,
and (c) all other moneys credited or transferred thereto from any  other
fund or source pursuant to law.
  4.  Moneys  in  the  fund, following appropriation by the legislature,
[shall] MAY be used, for the purpose of paying all costs of the  depart-
ment  of  health and New York state environmental facilities corporation
for management and administration of the drinking water  program  estab-
lished  by  title four of article eleven of the public health law and of
the drinking water revolving fund established by section twelve  hundred
eighty-five-m of the public authorities law.
  S  3. Subdivisions 5 and 7 of section 1285-j of the public authorities
law, subdivision 5 as amended by chapter 134 of the  laws  of  2007  and
subdivision  7  as added by chapter 565 of the laws of 1989, are amended
to read as follows:
  5. The corporation [shall] MAY make payments to the  sewage  treatment
program  management  and administration fund in accordance with subdivi-
sion seven of this section to reimburse such fund for expenditures  made
pursuant  to  appropriation  to  pay the cost of the corporation and the
department of environmental conservation for administering and  managing
the  water  pollution  control  revolving  fund  program  established in
section ninety-seven-l of the state finance law, for  such  costs.  Such
reimbursement  shall  be  made from (a) available investment earnings on
all amounts in the water pollution control revolving fund excluding  all
amounts in the fund which are the subject of allocations or other finan-
cial  assistance  to  a  municipality;  and (b) payments received from a
municipality for such purpose pursuant to a project financing  agreement
or  loan  agreement; and (c) if the sources of revenue described in this
paragraph and paragraphs (a) and (b) of  this  subdivision  are  or  are
anticipated  to  be  insufficient,  then  from  the  proceeds of federal
capitalization grants, awards or assistance appropriated to the fund for
administration and management of such program.
  Notwithstanding the foregoing, if the sources of revenues described in
paragraphs (a), (b) and (c) of this subdivision are at any time insuffi-
cient to make a reimbursement to the state pursuant to this  subdivision
when  due,  the corporation shall make such reimbursement from any other
available amounts in the water pollution control revolving fund, exclud-
ing all amounts that are the subject of allocations, provided, that  the
amounts  paid from fund sources other than those described in paragraphs
(a), (b) and (c) of this subdivision shall be reimbursed upon a determi-
nation by the director of the budget that future revenues obtained  from
sources described in paragraphs (a), (b) and (c) of this subdivision are
in excess of the amounts reasonably needed to make future reimbursements
pursuant to this subdivision.
  7.  The  corporation  [shall]  MAY  transfer  to  the sewage treatment
program management  and  administration  fund  established  pursuant  to

S. 6258--B                         37                         A. 9058--B

section  ninety-seven-l of the state finance law no less frequently than
semi-monthly amounts from the fund sufficient to  reimburse  the  sewage
treatment  program management and administration fund in accordance with
the provisions of subdivision five of this section.
  S 4. Subdivision 7 of section 1285-m of the public authorities law, as
added by chapter 413 of the laws of 1996, is amended to read as follows:
  7.  The corporation [shall] MAY transfer to the state on such schedule
as the corporation and the department of health shall agree amounts from
the fund to reimburse the state in accordance  with  the  provisions  of
subdivision five of this section.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART L

  Section 1. Section 140 of the agriculture and markets law, as added by
chapter 631 of the laws of 1955, subdivision 1 as amended by chapter 592
of the laws of 2003, is amended to read as follows:
  S 140. Samples; publication of results of tests. 1.  The  commissioner
or  his  or  her  duly  authorized representatives shall take samples of
seeds [and submit them to the director of the New  York  state  agricul-
tural  experiment station] for examination, analysis, and testing BY THE
DEPARTMENT. THE COMMISSIONER MAY CONTRACT WITH A QUALIFIED LABORATORY TO
PERFORM SUCH EXAMINATION, ANALYSIS, AND TESTING. When the analysis of an
official sample indicates that seed is mislabeled, the results  of  such
analysis shall be provided to the person responsible for the labeling of
the  seed  and,  upon that person's request, made within fifteen days of
his or her receipt of said results,  the  commissioner  or  his  or  her
authorized  agent shall furnish such person with a portion of the sample
taken.
  2. [The director of the New York state agricultural experiment station
shall examine, analyze, or test, or cause to be  examined,  analyzed  or
tested  such samples of seeds taken under the provisions of this article
as shall be submitted to him for that purpose by the  commissioner,  and
shall  report  the  results of such analysis, examination, or testing to
the commissioner. For this  purpose  the  New  York  state  agricultural
experiment  station  may establish and maintain trial grounds and a seed
laboratory with the necessary equipment,  and  may  employ  experts  and
incur  such  expense as may be necessary to comply with the requirements
of this article.
  3.] From time to time the  [New  York  state  agricultural  experiment
station, in cooperation with the] department of agriculture and markets,
shall  make  public  the  results of examinations, analyses, trials, and
tests of any sample or samples so procured,  together  with  such  addi-
tional  information  as  circumstances  advise.  These published results
shall be the property of the state of New York and shall not be used for
advertising or regulatory purposes by any person or agency, governmental
or otherwise without requested and granted permission of the commission-
er [of agriculture and markets].
  S 2.  Section 140-a of the agriculture and markets law,  as  added  by
chapter 631 of the laws of 1955, is amended to read as follows:
  S 140-a. Provision  for  seed tests.   Any citizen of this state shall
have the privilege of submitting to the  [New  York  state  agricultural
experiment  station]  DEPARTMENT samples of seeds for [test] TESTING and
analysis subject to [such rules and regulations as may be adopted by the
director of said experiment station and approved by Cornell  university]

S. 6258--B                         38                         A. 9058--B

PAYMENT OF A FEE TO THE COMMISSIONER THAT SHALL, AT A MINIMUM, COVER THE
FULL  COSTS OF THE SERVICES PROVIDED. ALL MONIES RECEIVED BY THE COMMIS-
SIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN AN ACCOUNT  WITHIN
THE  MISCELLANEOUS  SPECIAL RECEIVE FUND AND SHALL BE USED TO DEFRAY THE
EXPENSES INCIDENTAL TO CARRYING OUT  THE  SERVICES  AUTHORIZED  BY  THIS
SECTION.
  S 3. This act shall take effect immediately.

                                 PART M

  Section  1.  Subdivision  25-c  of  section  16 of the agriculture and
markets law, as added by section 1 of part H of chapter 59 of  the  laws
of 2006, is amended to read as follows:
  25-c. The commissioner may enter into a contract or cooperative agree-
ment  under  which [laboratory] services, INCLUDING, BUT NOT LIMITED TO,
LABORATORY SERVICES AND SERVICES RELATING TO FOOD SAFETY AND INSPECTION,
ANIMAL HEALTH, INVASIVE SPECIES CONTROL, THE COLLECTION OF  SAMPLES  FOR
RESEARCH STUDIES AND SIMILAR SERVICES RELATING TO THE DUTIES AND RESPON-
SIBILITIES  of  the  department may be made available to federal, state,
local, and educational entities when, in  the  commissioner's  judgment,
such  contract  or cooperative agreement shall be in the public interest
and shall not adversely affect the department's obligations  under  this
chapter.  Such contracts or cooperative agreements shall require payment
by contractors and cooperators of, at a minimum, the full costs  of  the
services  provided.  All moneys received by the commissioner pursuant to
such contracts and agreements shall be deposited in  an  account  within
the  miscellaneous  special revenue fund and shall be used to defray the
expenses incidental to carrying out  the  services  authorized  by  this
subdivision.
  S 2. This act shall take effect immediately.

                                 PART N

  Section  1.  Section  251-z-3  of  the agriculture and markets law, as
amended by chapter 307 of the laws  of  2004,  the  second  undesignated
paragraph  as  amended by section 2 of part II of chapter 59 of the laws
of 2009, is amended to read as follows:
  S 251-z-3. Licenses; fees. No person shall maintain or operate a  food
processing establishment unless licensed biennially by the commissioner.
Application  for  a  license  to operate a food processing establishment
shall be made, upon a form prescribed by the commissioner[, on or before
the fifteenth of the month preceding the applicable  license  period  as
herein prescribed. The license period shall begin February fifteenth for
applicants  who  apply  for a license between February fifteenth and May
fourteenth, May fifteenth for applicants who apply for a license between
May fifteenth and August fourteenth, August fifteenth for applicants who
apply for a license between August fifteenth  and  November  fourteenth,
and  November  fifteenth  for applicants who apply for a license between
November fifteenth and February fourteenth]. RENEWAL APPLICATIONS  SHALL
BE  SUBMITTED  TO  THE  COMMISSIONER  AT  LEAST THIRTY DAYS PRIOR TO THE
COMMENCEMENT OF THE NEXT LICENSE PERIOD.
  The applicant shall furnish evidence of his  or  her  good  character,
experience  and  competency, that the establishment has adequate facili-
ties and equipment for the business to be conducted, that the establish-
ment is such that the cleanliness of the  premises  can  be  maintained,
that  the  product  produced therein will not become adulterated and, if

S. 6258--B                         39                         A. 9058--B

the applicant is a retail food store, that the applicant has an individ-
ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to  the  applicant,  upon  payment  of  the  license fee of four hundred
dollars,  a  license  to  operate  the  food  processing   establishment
described  in  the  application.  However, the license fee shall be nine
hundred dollars for a food processing establishment  determined  by  the
commissioner,  pursuant to duly promulgated regulations, to require more
intensive regulatory  oversight  due  to  the  volume  of  the  products
produced,  the  potentially  hazardous nature of the product produced or
the multiple number of processing operations conducted in the establish-
ment. The license application for retail food stores shall  be  accompa-
nied  by  documentation  in  a  form  approved by the commissioner which
demonstrates that the food safety education program requirement has been
met. The license shall take effect on the date of issuance and  continue
[until  the  last day of the applicable license period set forth in this
section] FOR TWO YEARS FROM SUCH DATE.
  [Notwithstanding any other provision  of  law  to  the  contrary,  the
commissioner  is  hereby  authorized  and  directed to deposit all money
received pursuant to this section in an account within the miscellaneous
special revenue fund.]
  S 2. Subdivision 4 of section 128-a of the agriculture and markets law
is REPEALED and subdivisions 5, 6, 7, 8, 9 and 10 are renumbered  subdi-
visions 4, 5, 6, 7, 8 and 9.
  S 3. Subdivision 3 of section 133-a of the agriculture and markets law
is REPEALED.
  S 4. Section 90-b of the state finance law is REPEALED.
  S 5. This act shall take effect immediately.

                                 PART O

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART P

  Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
laws of 2012 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue  funds - other/state operations, miscellaneous special revenue fund -
339, energy research and planning account, and special revenue  funds  -
other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy  research  and planning account shall be subject to the provisions of
this section. Notwithstanding  the  provisions  of  subdivision  4-a  of
section 18-a of the public service law, all moneys committed or expended
shall  be reimbursed by assessment against gas corporations and electric
corporations as defined in section 2 of the public service law, and  the
total  amount  which may be charged to any gas corporation and any elec-
tric corporation shall not exceed one cent per one thousand  cubic  feet
of  gas sold and .010 cent per kilowatt-hour of electricity sold by such
corporations in their intrastate utility  operations  in  calendar  year

S. 6258--B                         40                         A. 9058--B

2010.  Such  amounts  shall  be  excluded  from  the  general assessment
provisions of subdivision 2 of section 18-a of the public  service  law,
but shall be billed and paid in the manner set forth in such subdivision
and  upon  receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The director of the budget shall not issue  a  certificate  of  approval
with  respect  to the commitment and expenditure of moneys hereby appro-
priated until the chair of such authority shall have submitted, and  the
director  of  the  budget shall have approved, a comprehensive financial
plan encompassing all moneys available to and  all  anticipated  commit-
ments  and  expenditures by such authority from any source for the oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART Q

  Section  1.  Paragraphs  (c)  and (d) of subdivision 3 of section 5 of
chapter 35 of the laws of 1979, relating to appropriating funds  to  the
New  York  state  urban  development corporation for the acquisition and
initial planning of convention and exhibition center facilities  in  New
York  county,  as  amended by chapter 3 of the laws of 2004, are amended
and a new paragraph (e) is added to read as follows:
  (c) Enter into such other agreements with the city, the state, the New
York state urban development  corporation,  the  operating  corporation,
Triborough  bridge  and tunnel authority and the state of New York mort-
gage agency as the parties thereto deem appropriate  to  effectuate  the
provisions  of this act, and to effectuate the expansion project and any
convention center hotel and the financing thereof pursuant to the  chap-
ter of the laws of 2004 which amended this paragraph; [and]
  (d)  If  the subsidiary enters into an agreement with the metropolitan
transportation authority for the acquisition of the Quill building, then
any and all proceeds shall be applied to and used for  the  metropolitan
transportation authority's capital plan[.]; AND
  (E)  SELL, GRANT OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY
OWNED BY THE NEW YORK CONVENTION CENTER DEVELOPMENT CORPORATION  INCLUD-
ING,  WITHOUT  LIMITATION, THE PROPERTIES IN THE BOROUGH OF MANHATTAN IN
THE CITY OF NEW YORK, LOCATED BETWEEN 11TH AND  12TH  AVENUES  AND  33RD
STREET AND 34TH STREET AND BETWEEN 35TH STREET AND 36TH STREET ALONG THE
EASTERN  BORDER  OF  11TH  AVENUE,  THAT  IS  DETERMINED BY THE NEW YORK
CONVENTION CENTER DEVELOPMENT CORPORATION  TO  BE  UNNECESSARY  FOR  THE
OPERATION OF THE CONVENTION CENTER, THE EXPANSION PROJECT OR ANY CONVEN-
TION  CENTER HOTEL, SUBJECT TO ANY OBLIGATIONS SET FORTH IN ANY APPLICA-
BLE BOND RESOLUTION OR CREDIT SUPPORT AGREEMENT AND SUBJECT TO THE PRIOR
APPROVAL OF THE DIRECTOR OF THE BUDGET, PROVIDED THAT ANY PROCEEDS  FROM
THE DISPOSITION OF THE PROPERTY SHALL BE TRANSFERRED TO THE STATE TREAS-
URY TO THE CREDIT OF THE GENERAL FUND.
  S 2. This act shall take effect immediately.

                                 PART R

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to  make  loans,  as

S. 6258--B                         41                         A. 9058--B

amended  by  section  1  of part G of chapter 60 of the laws of 2011, is
amended to read as follows:
  S  2.  This act shall take effect immediately [provided, however, that
section one of this act shall expire on July 1, 2012, at which time  the
provisions  of  subdivision  26 of section 5 of the New York state urban
development corporation act shall be deemed repealed; provided, however,
that neither the expiration  nor  the  repeal  of  such  subdivision  as
provided  for  herein  shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of  such  subdivision  prior  to
such expiration and repeal].
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART S

  Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
of  the  laws of 1968, constituting the New York state urban development
corporation act, is REPEALED.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2009.

                                 PART T

  Section 1. Subdivisions 27, 28, 29 and 30 of section 5 of section 1 of
chapter  174  of the laws of 1968, constituting the New York state urban
development corporation act, subdivisions 28 and  29  as  renumbered  by
chapter  686 of the laws of 1986, are renumbered subdivisions 28, 29, 30
and 31 and a new subdivision 27 is added to read as follows:
  (27) TO MAKE GRANTS USING FUNDS FROM ANY  SOURCE  ON  SUCH  TERMS  AND
CONDITIONS  AS THE CORPORATION MAY DEEM ADVISABLE, IN FURTHERANCE OF THE
LEGISLATIVE FINDINGS AND PURPOSES OF THIS ACT, TO ANY PERSON OR  ENTITY,
WHETHER  PUBLIC OR PRIVATE, PROVIDED THAT SUCH GRANTS ARE MADE OR ISSUED
IN COMPLIANCE WITH GUIDELINES ESTABLISHED BY THE CORPORATION.
  S 2. This act shall take effect immediately.

                                 PART U

  Section 1. Subdivision 1 of section 218 of the state finance  law,  as
amended  by  chapter  424  of  the  laws  of 2009, is amended to read as
follows:
  1. Linked loans made to certified businesses in  empire  zones  or  to
eligible businesses in highly distressed areas or to eligible businesses
that are defined in paragraph (b-1) of subdivision eleven of section two
hundred thirteen of this article that are located in a renewal community
or defined in paragraph (b-2) of such subdivision that are located in an
empowerment  zone or defined in paragraph (b-3) of such subdivision that
are located  in  an  enterprise  community,  respectively  for  eligible
projects  defined  in paragraph (c) of subdivision twelve of section two
hundred thirteen of this article or to minority- or women-owned business
enterprises for an eligible project defined in paragraph (e) of subdivi-
sion twelve of section two hundred thirteen of  this  article  or  to  a
defense  industry manufacturer for a project defined in paragraph (d) of
subdivision twelve of section two hundred thirteen of this article OR TO
AN ELIGIBLE BUSINESS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ELEVEN  OF
SECTION  TWO  HUNDRED  THIRTEEN  OF  THIS ARTICLE THAT PRODUCES PRODUCTS
DEFINED IN SUBDIVISION TWO OF SECTION THREE HUNDRED ONE OF THE  AGRICUL-

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TURE AND MARKETS LAW FOR AN ELIGIBLE PROJECT AS DEFINED IN PARAGRAPH (B)
OF  SUBDIVISION  TWELVE  OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE
shall bear interest at a fixed rate equal  to  three  percentage  points
below the fixed interest rate the lender would have charged for the loan
in  the  absence of a linked deposit based on its usual credit consider-
ations.  All other linked loans shall bear  interest  at  a  fixed  rate
equal  to two percentage points below the fixed interest rate the lender
would have charged for the loan in the absence of a linked deposit based
on its usual credit considerations. Lenders shall certify to the commis-
sioner of economic development that the rate to be charged on  a  linked
loan  is  two  percentage points or three percentage points, as the case
may be, below the interest rate the lender would have  charged  for  the
loan in the absence of a linked deposit.
  S 2.  Paragraph (a) of subdivision 11 and paragraph (b) of subdivision
12  of  section 213 of the state finance law, as added by chapter 705 of
the laws of 1993, are amended to read as follows:
  (a) a manufacturing firm OR AGRICULTURAL BUSINESS which  employs  five
hundred or fewer employees within the state on a full-time basis; or
  (b)  for manufacturing, AGRICULTURAL and service firms, projects which
involve the preparation of strategic plans  for  improving  productivity
and  competitiveness;  the  introduction  of  modern equipment and/or an
expansion of facilities as part of a modernization plan;  the  introduc-
tion  of  advanced  technologies  to  improve  productivity and quality;
improvements in production processes and operations, INCLUDING  AGRICUL-
TURAL  OPERATIONS;  introduction  of computerized information, reporting
and control systems; reorganization or improvement of work place systems
and  the  introduction  of  total  quality  and  employee  participation
programs;  development  and introduction of new products; identification
and development of new markets, including entry  into  foreign  markets;
financial  restructuring  for  purposes of enabling modernization activ-
ities; buyouts of viable companies by employees or local owners residing
in the state; and the provision of working capital for other  moderniza-
tion  activities  that will improve the competitiveness and productivity
of a firm and result in the creation or retention of jobs; or
  S 3. This act shall take effect immediately.

                                 PART V

  Section 1. Notwithstanding any other law, rule or  regulation  to  the
contrary,  expenses of the department of health public service education
program incurred pursuant to appropriations from  the  cable  television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART W

  Section 1. Subdivision 10 of section 89-h of the general business law,
as amended by chapter 699 of the laws of 2004, is  amended  to  read  as
follows:
  10.  Fees: pay (a) a fee of [thirty-six] SEVENTY-TWO dollars for proc-
essing of the application, investigation of the applicant  and  for  the
initial  [biennial]  FOUR  YEAR  registration period. Such fees shall be
deposited to the credit of the business and licensing  services  account
established  pursuant to the provisions of section ninety-seven-y of the

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state finance law; and (b) a fee  pursuant  to  subdivision  eight-a  of
section  eight hundred thirty-seven of the executive law, and amendments
thereto, for the cost of the division's full search  and  retain  proce-
dures,  and  a  fee as determined by the federal bureau of investigation
for the cost of its fingerprint search procedures, which fees  shall  be
remitted  by the department to the division and federal bureau of inves-
tigation; and
  S 2. Subdivision 1 of section 89-m of the  general  business  law,  as
added by chapter 336 of the laws of 1992, is amended to read as follows:
  1.  Registration  cards shall expire [two] FOUR years from the date of
issuance or last renewal as the case may be. Not  less  than  sixty  nor
more  than  ninety  days  prior to the expiration date of a registration
card, the department shall mail to each registrant  at  his  last  known
address, notice of renewal and a registration renewal form. Registration
cards  shall  not  be  renewed  unless not more than sixty nor less than
thirty days prior to the expiration date of the registration  card,  the
holder  submits  to the department, a registration renewal form sworn to
or affirmed by the holder under the penalty of perjury together  with  a
[biennial]  renewal  fee  in  the  amount of [twenty-five] FIFTY dollars
payable to the department and a certificate certifying that  the  holder
has  satisfactorily  completed  the  required annual in-service training
courses as prescribed by the commissioner pursuant to subdivision one of
section eight hundred forty-one-c  of  the  executive  law.  Unless  the
department  determines  the  existence  of  facts which would constitute
cause for denial, revocation or  suspension  of  the  registration  card
pursuant  to  this article, it shall renew the registration card. Denial
of renewal hereunder shall be reviewable by an administrative hearing as
set forth in section seventy-nine of  this  chapter.  The  [twenty-five]
FIFTY dollar [biennial] renewal fee collected by the department shall be
deposited  to  the  licensing  examinations services account established
pursuant to the provisions of section 97-aa of the  state  finance  law.
Notice  that  a  registration  card  has expired or has not been renewed
pursuant to this section shall be given by the secretary to  the  holder
of  such  registration  card  and to the security guard company by which
such holder was employed at the time of such expiration or non-renewal.
  S 3. Subdivision 2 and paragraph (a) of subdivision 3 of  section  441
of  the real property law, subdivision 2 as amended by chapter 81 of the
laws of 1995 and paragraph (a) of subdivision 3 as  amended  by  chapter
474 of the laws of 2007, are amended to read as follows:
  2.  Renewals.  Any  license  granted under the provision hereof may be
renewed by the department upon application therefor by the holder there-
of, in such form as the department may prescribe and conforming  to  the
requirements  of  section  3-503  of  the  general  obligations law, and
payment of the fee for such license. In case of application for  renewal
of  license,  the  department  may dispense with the requirement of such
statements as it deems unnecessary in view of  those  contained  in  the
original  application for license but may not dispense with the require-
ments of section 3-503 of the general obligations law. A renewal  period
within  the meaning of this act is considered as being a period of [two]
FOUR years from the date of expiration of a previously  issued  license.
The  department  shall  require  any  applicant,  who does not apply for
renewal of license within such period, to qualify by passing the written
examination as provided herein, and may require any licensee who has not
yet passed the written examination, and who cannot reasonably  prove  to
the  satisfaction  of  the  department,  that he can meet the competency
requirements, to pass  the  written  examination  before  a  renewal  of

S. 6258--B                         44                         A. 9058--B

license shall be granted; provided, however, that a person who failed or
was unable to renew his license by reason of his induction or enlistment
in  the  armed forces of the United States shall not be required to take
or pass such examination.
  (a) No renewal license shall be issued any licensee under this article
for  any  license  period  commencing  [November first, nineteen hundred
ninety-five] APRIL FIRST, TWO THOUSAND SEVENTEEN  unless  such  licensee
shall  have within the [two] FOUR year period immediately preceding such
renewal attended at least [twenty-two  and  one-half]  FORTY-FIVE  hours
which shall include at least [three] SIX hours of instruction pertaining
to  fair  housing  and/or  discrimination  in the sale or rental of real
property or an interest in real property and  successfully  completed  a
continuing  education  real  estate  course  or  courses approved by the
secretary of state as to method, content and supervision, which approval
may be withdrawn if in the opinion of the secretary of state such course
or courses are not being conducted properly as to  method,  content  and
supervision.    APPLICANTS WITH A LICENSE EXPIRING PRIOR TO APRIL FIRST,
TWO THOUSAND FIFTEEN, SHALL HAVE WITHIN THE TWO YEAR PERIOD  IMMEDIATELY
PRECEDING  SUCH  RENEWAL ATTENDED AT LEAST TWENTY-TWO AND ONE-HALF HOURS
WHICH SHALL INCLUDE AT LEAST THREE HOURS OF  INSTRUCTION  PERTAINING  TO
FAIR HOUSING AND/OR DISCRIMINATION IN THE SALE OR RENTAL OF REAL PROPER-
TY OR AN INTEREST IN REAL PROPERTY AND SUCCESSFULLY COMPLETED A CONTINU-
ING EDUCATION REAL ESTATE COURSE OR COURSES APPROVED BY THE SECRETARY OF
STATE AS TO METHOD, CONTENT AND SUPERVISION, WHICH APPROVAL MAY BE WITH-
DRAWN IF IN THE OPINION OF THE SECRETARY OF STATE SUCH COURSE OR COURSES
ARE  NOT BEING CONDUCTED PROPERLY AS TO METHOD, CONTENT AND SUPERVISION.
The licensee shall provide an affidavit, in a  form  acceptable  to  the
department of state, establishing the nature of the continuing education
acquired and shall provide such further proof as required by the depart-
ment  of  state. The provisions of this paragraph shall not apply to any
licensed real estate broker who is engaged full time in the real  estate
business  and  who  has  been  licensed under this article prior to July
first, two thousand eight for at least fifteen consecutive  years  imme-
diately preceding such renewal.
  S  4.  Subdivisions 2 and 7 of section 441-a of the real property law,
subdivision 2 as amended by chapter 324 of the laws of 1998 and subdivi-
sion 7 as amended by chapter 497 of the laws of  1985,  are  amended  to
read as follows:
  2.  Terms.  A  license issued or reissued under the provisions of this
article shall entitle  the  person,  co-partnership,  limited  liability
company or corporation to act as a real estate broker, or, if the appli-
cation  is for a real estate salesman's license, to act as a real estate
salesman in this state [up to and  including  the  thirty-first  day  of
October  of  the  year  in which the license by its terms expires] FOR A
PERIOD OF FOUR YEARS FOLLOWING THE ISSUANCE OF SAID LICENSE.
  7. License term. From and after the date when this  subdivision  shall
take  effect,  the  term for which a license shall be issued or reissued
under this article shall be a period of [two] FOUR years.
  S 5. Subdivision 1 of section 441-b  of  the  real  property  law,  as
amended  by  chapter  324  of  the  laws  of 1998, is amended to read as
follows:
  1. The fee for a license issued or reissued under  the  provisions  of
this  article  entitling  a  person,  co-partnership,  limited liability
company or corporation to act as a real  estate  broker  shall  be  [one
hundred  fifty]  THREE  HUNDRED dollars. The fee for a license issued or
reissued under the provisions of this article entitling a person to  act

S. 6258--B                         45                         A. 9058--B

as  a  real  estate  salesman  shall  be  [fifty]  ONE  HUNDRED dollars.
Notwithstanding the provisions of  subdivision  seven  of  section  four
hundred  forty-one-a  of  this  article,  after  January first, nineteen
hundred  eighty-six, the secretary of state shall assign staggered expi-
ration dates for outstanding licenses that have been previously  renewed
on  October  thirty-first  of  each  year  from the assigned date unless
renewed. [If the assigned date results in a term  that  exceeds  twenty-
four  months,  the applicant shall pay an additional prorated adjustment
together with the regular renewal fee.] The  secretary  of  state  shall
assign  dates  to  existing licenses in a manner which shall result in a
term of not less than [two] FOUR years.
  S 6. This act shall take effect immediately; provided,  however,  that
sections  three,  four  and  five of this act shall take effect April 1,
2013.

                                 PART X

  Section 1. Subdivision 3 of section 235  of  the  racing,  pari-mutuel
wagering and breeding law is renumbered subdivision 4 and a new subdivi-
sion 3 is added to read as follows:
  3.  THE  RULES  SHALL  PROVIDE  THAT ALL WINNING CASH VOUCHERS MUST BE
PRESENTED FOR PAYMENT BEFORE APRIL FIRST OF THE YEAR FOLLOWING THE  YEAR
OF  THEIR  PURCHASE  AND  FAILURE TO PRESENT ANY SUCH VOUCHER WITHIN THE
PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE A  WAIVER  OF  THE  RIGHT  TO
PARTICIPATE  IN  THE AWARD OR DIVIDEND. THE FUNDS RECEIVED FROM UNCASHED
VOUCHERS SHALL BE PAID TO  THE  RACING  REGULATION  ACCOUNT  ESTABLISHED
PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
  S  2. Paragraph c of subdivision 2 of section 301 of the racing, pari-
mutuel wagering and breeding law, as relettered by chapter  211  of  the
laws  of  1999, is relettered paragraph d and a new paragraph c is added
to read as follows:
  C. THE RULES OF THE BOARD SHALL PROVIDE THAT ALL WINNING CASH VOUCHERS
MUST BE PRESENTED FOR PAYMENT BEFORE APRIL FIRST OF THE  YEAR  FOLLOWING
THE YEAR OF THEIR PURCHASE AND FAILURE TO PRESENT ANY SUCH VOUCHER WITH-
IN  THE PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE A WAIVER OF THE RIGHT
TO PARTICIPATE IN  THE  AWARD  OR  DIVIDEND.  THE  FUNDS  RECEIVED  FROM
UNCASHED  VOUCHERS SHALL BE PAID TO THE RACING REGULATION ACCOUNT ESTAB-
LISHED PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
  S 3. Subdivision 2 of section 401 of the racing, pari-mutuel  wagering
and breeding law is amended to read as follows:
  2.  Without  limiting the generality of the foregoing, and in addition
to its other powers:
  a. [The state racing and wagering board shall have power to fix  mini-
mum  and maximum charges for admission to quarter horse race meetings at
which pari-mutuel betting is conducted provided, however, that the state
racing and wagering board shall have power to fix the charge for  admis-
sion  of  members of the armed forces of the United States in uniform at
one-half of the amount fixed for such admission generally under authori-
ty of this section.
  b.] The state racing and wagering  board  shall  prescribe  rules  and
regulations  for effectually preventing the use of improper devices, the
administration of drugs or stimulants or other  improper  acts  for  the
purpose  of  affecting  the speed of quarter horses in any race in which
they are about to participate.
  [c.] B. The rules of the board shall also  provide  that  all  winning
pari-mutuel  tickets must be presented for payment before April first of

S. 6258--B                         46                         A. 9058--B

the year following the year of their purchase and failure to present any
such ticket within the prescribed period  of  time  shall  constitute  a
waiver of the right to participate in the award or dividend.
  C.  THE  RULES  OF  THE BOARD SHALL ALSO PROVIDE THAT ALL WINNING CASH
VOUCHERS MUST BE PRESENTED FOR PAYMENT BEFORE APRIL FIRST  OF  THE  YEAR
FOLLOWING  THE  YEAR  OF  THEIR PURCHASE AND FAILURE TO PRESENT ANY SUCH
VOUCHER WITHIN THE PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE  A  WAIVER
OF THE RIGHT TO PARTICIPATE IN THE AWARD OR DIVIDEND. THE FUNDS RECEIVED
FROM  UNCASHED  VOUCHERS  SHALL BE PAID TO THE RACING REGULATION ACCOUNT
ESTABLISHED PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
  d. The board shall have power in its discretion, consistent  with  the
powers  of  the  state  tax  commission, to prescribe uniform methods of
keeping accounts, records and books to be observed  by  associations  or
corporations  licensed  under  the  provisions of this article or by any
association or corporation  which  owns  stock  in,  or  shares  in  the
profits,  or participates in the management or affairs of, such licensed
association or corporation, or  by  any  person,  firm,  association  or
corporation  holding  any  concession, right or privilege to perform any
service or sell any article at any track at  which  pari-mutuel  quarter
horse  racing meets are conducted. The board may also in its discretion,
consistent with the powers of the state  tax  commission,  prescribe  by
order  forms  of  accounts,  records  and  memoranda  to be kept by such
persons, firms, associations or corporations. The board shall have power
to visit, investigate, and  place  expert  accountants,  or  such  other
persons as it may deem necessary, in the offices, tracks or other places
of business of any such person, firm, association or corporation for the
purpose of seeing that the provisions of sections two hundred twenty-two
through  seven  hundred  five  of this chapter and rules and regulations
issued by the board thereunder are strictly complied with. Such persons,
firms, associations or corporations shall annually file with the  board,
on such date as the board shall prescribe, a report showing their finan-
cial  condition  and  financial  transactions  during  the  fiscal year,
including a balance sheet and a profit and loss statement,  verified  by
the  oath of at least two of its principal officers, if it be an associ-
ation or corporation having officers, and by one or more of  the  owners
or  proprietors thereof if not an association or corporation. The report
shall be in such form and contain such other matters as  the  board  may
determine  from  time to time to be necessary to disclose accurately the
financial condition and operation of such persons,  firms,  associations
or corporations during the preceding fiscal year. The board may for good
cause  shown  grant a reasonable extension of time for the filing of any
such report.
  S 4. Subdivision 2 of section 529 of the racing, pari-mutuel  wagering
and breeding law, is renumbered subdivision 3 and a new subdivision 2 is
added to read as follows:
  2.  THE  RULES  SHALL  PROVIDE  THAT ALL WINNING CASH VOUCHERS MUST BE
PRESENTED FOR PAYMENT BEFORE APRIL FIRST OF THE YEAR FOLLOWING THE  YEAR
OF  THEIR  PURCHASE  AND  FAILURE TO PRESENT ANY SUCH VOUCHER WITHIN THE
PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE A  WAIVER  OF  THE  RIGHT  TO
PARTICIPATE  IN  THE AWARD OR DIVIDEND. THE FUNDS RECEIVED FROM UNCASHED
VOUCHERS SHALL BE PAID TO  THE  RACING  REGULATION  ACCOUNT  ESTABLISHED
PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
  S  5.  This act shall take effect immediately; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-

S. 6258--B                         47                         A. 9058--B

tive date is authorized and directed to be  made  and  completed  on  or
before such effective date.

                                 PART Y

  Section  1. Section 308 of the racing, pari-mutuel wagering and breed-
ing law is amended to read as follows:
  S 308. Officials at harness horse race meetings.  At all harness  race
meetings  licensed  by the state racing and wagering board in accordance
with the provisions of sections two  hundred  twenty-two  through  seven
hundred  five  of  this  chapter  qualified judges and [starters] RACING
OFFICIALS shall be designated by the state racing  and  wagering  board.
THE  LICENSED  RACING  ASSOCIATIONS  AND  CORPORATIONS  SHALL EMPLOY AND
APPOINT ONE ASSOCIATE JUDGE AND THE STARTER TO  SERVE  AT  HARNESS  RACE
MEETINGS,  SUBJECT  TO WRITTEN APPROVAL OF THE STATE RACING AND WAGERING
BOARD BEFORE ENTERING UPON THE DISCHARGE OF THEIR DUTIES. Such officials
shall enforce the rules and regulations of the state racing and wagering
board and shall render regular written reports  of  the  activities  and
conduct  of  such  race meetings to the state racing and wagering board,
PROVIDED HOWEVER, THAT THE JUDGES AND STARTERS EMPLOYED  BY  THE  RACING
ASSOCIATION  OR  CORPORATION SHALL NOT HAVE THE POWER TO IMPOSE FINES OR
ISSUE SUSPENSIONS OF OCCUPATIONAL RACING LICENSES.
  S 2. Subdivision 8 of section 73 of the public officers law is amended
by adding a new paragraph (j) to read as follows:
  (J) THE PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH  (A)  OF
THIS SUBDIVISION SHALL NOT APPLY TO ANY PERSON AS A RESULT OF HIS OR HER
EMPLOYMENT  BY THE NEW YORK STATE RACING AND WAGERING BOARD IN THE CIVIL
SERVICE TITLE OF STARTER OR ASSOCIATE JUDGE WHOSE EMPLOYMENT WAS  TERMI-
NATED WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH AS A
RESULT OF THE ABOLITION OF HIS OR HER POSITION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART Z

  Section 1.  The agriculture and markets law is amended by adding a new
article 21-A to read as follows:
                              ARTICLE 21-A
                      DAIRY RESEARCH AND EDUCATION
SECTION 258-S. LEGISLATIVE DECLARATION.
        258-T. DEFINITIONS.
        258-U. POWERS AND DUTIES OF THE COMMISSIONER.
        258-V. RULES AND REGULATIONS; ENFORCEMENT.
  S 258-S.   LEGISLATIVE DECLARATION. IT IS  HEREBY  DECLARED  THAT  THE
DAIRY  INDUSTRY  IS OF VITAL SIGNIFICANCE TO THE STATE'S ECONOMY, SOCIAL
FABRIC, AND WELFARE OF THE PEOPLE OF  THIS  STATE,  AND  THAT  RESEARCH,
EDUCATION AND DEVELOPMENT ASSOCIATED WITH DAIRY PRODUCTION IS IMPERATIVE
TO  ENSURE  THAT THE STATE'S DAIRY FARMS AND INDUSTRY REMAIN COMPETITIVE
AND PROFITABLE. IT IS THEREFORE DECLARED TO BE  THE  LEGISLATIVE  INTENT
AND POLICY OF THE STATE:
  1. TO ENABLE MILK PRODUCERS AND OTHERS IN THE DAIRY INDUSTRY, WITH THE
AID  OF THE STATE, TO MORE ECONOMICALLY AND EFFECTIVELY PRODUCE MILK AND
DAIRY PRODUCTS,
  2. TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF  NEW,  IMPROVED
OR  INNOVATIVE DAIRY INDUSTRY PRODUCTION PRACTICES, AND TO PROMOTE THEIR
USE, AND

S. 6258--B                         48                         A. 9058--B

  3. TO IMPROVE THE ECONOMIC STRENGTH, FARM PROFITABILITY AND WELL-BEING
OF THE MILK PRODUCERS OF THIS STATE  THROUGH  APPLIED  RESEARCH,  FARMER
EDUCATION AND TRAINING.
  S  258-T. DEFINITIONS. 1. "ADVISORY BOARD" MEANS THE PERSONS APPOINTED
BY THE COMMISSIONER FROM NOMINATIONS FROM PRODUCERS AS HEREIN DEFINED TO
ASSIST THE COMMISSIONER IN ADMINISTERING A DAIRY RESEARCH AND  EDUCATION
ORDER.
  2. "AREA" MEANS THE ENTIRE GEOGRAPHIC AREA OF THE STATE OF NEW YORK.
  3. "COMMISSIONER" MEANS THE COMMISSIONER OF AGRICULTURE AND MARKETS OF
THE STATE OF NEW YORK.
  4.  "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF
MILK PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY  OTHER
STATE,  HAVING  AGREEMENTS  WITH ITS PRODUCER MEMBERS TO MARKET, BARGAIN
FOR OR SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY  PERFORMING  ONE
OR  MORE  OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY ITS
MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER-
ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
  5. "DAIRY PRODUCTS" MEANS MILK AND PRODUCTS DERIVED THEREFROM.
  6. "DAIRY RESEARCH AND EDUCATION ORDER" MEANS AN ORDER ISSUED  BY  THE
COMMISSIONER, PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
  7 "MILK" MEANS COW'S MILK.
  8. "MILK DEALER" MEANS ANY PERSON WHO PURCHASES OR HANDLES OR RECEIVES
OR  SELLS MILK, INCLUDING INDIVIDUALS, PARTNERSHIPS, CORPORATIONS, COOP-
ERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSOCIATIONS.
  9. "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO  IS  ENGAGED  IN  THE
PRODUCTION OF MILK FOR COMMERCIAL USE.
  S  258-U. POWERS AND DUTIES OF THE COMMISSIONER. 1. IN ORDER TO EFFEC-
TUATE THE DECLARED POLICY OF THIS ARTICLE, THE COMMISSIONER  MAY,  AFTER
DUE  NOTICE AND OPPORTUNITY FOR HEARING, MAKE AND ISSUE A DAIRY RESEARCH
AND EDUCATION ORDER.
  2. SUCH ORDER SHALL BE ISSUED AND AMENDED OR TERMINATED IN  ACCORDANCE
WITH THE FOLLOWING PROCEDURES:
  (A)  BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT MUST BE APPROVED BY
FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN  THE  REFERENDUM
FOR  THE  AREA  TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT
CONSTITUTE VALID APPROVAL  UNLESS  FIFTY-ONE  PER  CENTUM  OF  ALL  MILK
PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM. PRODUCERS
MAY  VOTE  BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPERATIVES IN ACCORD-
ANCE WITH THE FOLLOWING PROCEDURES:
  (I) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH  ORDER  WITHIN  A
PERIOD  OF NINETY DAYS AFTER THE COMMISSIONER HAS ANNOUNCED A REFERENDUM
ON A PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND CERTIFIED  TO
THE COMMISSIONER AS MEMBERS OF SUCH COOPERATIVE, PROVIDED, HOWEVER, THAT
ANY  COOPERATIVE  BEFORE  SUBMITTING SUCH WRITTEN APPROVAL SHALL GIVE AT
LEAST THIRTY DAYS PRIOR WRITTEN NOTICE  TO  EACH  PRODUCER  WHO  IS  ITS
MEMBER,  OF  THE  INTENTION  OF THE COOPERATIVE TO APPROVE SUCH PROPOSED
ORDER, AND FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT  INTEND  TO
APPROVE  SUCH  PROPOSED  ORDER, IT SHALL LIKEWISE GIVE WRITTEN NOTICE TO
EACH SUCH PRODUCER WHO IS ITS MEMBER, OF ITS INTENTION NOT TO APPROVE OF
SUCH PROPOSED ORDER.
  (II) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING
A PROPOSED ORDER, THE COMMISSIONER SHALL NOTIFY ALL MILK PRODUCERS  THAT
AN  ORDER  IS  BEING  CONSIDERED  AND  THAT  EACH  PRODUCER MAY REGISTER
APPROVAL OR DISAPPROVAL WITH THE COMMISSIONER EITHER DIRECTLY OR THROUGH
THE PRODUCER'S COOPERATIVE.

S. 6258--B                         49                         A. 9058--B

  (III) ANY PRODUCER MAY OBTAIN A BALLOT FROM THE COMMISSIONER IN  ORDER
TO  REGISTER  HIS  OR  HER  OWN  APPROVAL OR DISAPPROVAL OF THE PROPOSED
ORDER.   INDIVIDUAL BALLOTS SHALL BE  CONSIDERED  CONFIDENTIAL  AND  NOT
SUBJECT  TO  PUBLIC DISCLOSURE, EXCEPT SUCH BALLOTS SHALL NOT BE CONSID-
ERED  CONFIDENTIAL  AS DEEMED NECESSARY BY THE COMMISSIONER TO IMPLEMENT
THE PURPOSES OF THIS ARTICLE.
  (IV) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE THAT HAS NOTIFIED THE
PRODUCER OF ITS INTENT TO APPROVE OR NOT TO APPROVE  A  PROPOSED  ORDER,
AND  WHO  OBTAINS  A  BALLOT  AND WITH SUCH BALLOT EXPRESSES APPROVAL OR
DISAPPROVAL OF THE PROPOSED ORDER, SHALL NOTIFY THE COMMISSIONER  AS  TO
THE  NAME  OF THE COOPERATIVE OF WHICH THE PRODUCER IS A MEMBER, AND THE
COMMISSIONER SHALL REMOVE SUCH PRODUCER'S NAME FROM THE  LIST  CERTIFIED
BY SUCH COOPERATIVE.
  (V)  THE  COMMISSIONER  MAY APPOINT A REFERENDUM ADVISORY COMMITTEE TO
ASSIST AND ADVISE IN THE CONDUCT OF THE REFERENDUM. SUCH COMMITTEE SHALL
REVIEW REFERENDUM PROCEDURES AND THE TABULATION OF  RESULTS,  AND  SHALL
ADVISE  THE COMMISSIONER OF ITS FINDINGS. THE FINAL CERTIFICATION OF THE
REFERENDUM RESULTS SHALL BE MADE  BY  THE  COMMISSIONER.  THE  COMMITTEE
SHALL  CONSIST  OF  NOT  LESS  THAN THREE MEMBERS, NONE OF WHOM SHALL BE
PERSONS DIRECTLY AFFECTED BY THE PROPOSED DAIRY RESEARCH  AND  EDUCATION
ORDER.  TWO  MEMBERS  SHALL BE REPRESENTATIVES OF GENERAL FARM ORGANIZA-
TIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE PROPOSED ORDER. THE MEMBERS
OF THE COMMITTEE SHALL NOT RECEIVE A SALARY BUT  SHALL  BE  ENTITLED  TO
ACTUAL  AND  REASONABLE  EXPENSES  INCURRED  IN THE PERFORMANCE OF THEIR
DUTIES.
  3. THE COMMISSIONER  SHALL  ADMINISTER  AND  ENFORCE  ANY  SUCH  DAIRY
RESEARCH AND EDUCATION ORDER WHILE IT IS IN EFFECT, TO:
  (A)  ENCOURAGE  THE STABILITY AND CONTINUED GROWTH OF THE DAIRY INDUS-
TRY,
  (B) PROVIDE FOR RESEARCH AND EDUCATION PROGRAMS  DESIGNED  TO  IMPROVE
MILK PRODUCTION AND FARM PROFITABILITY,
  (C)  CARRY  OUT, IN OTHER WAYS, THE DECLARED POLICY AND INTENT OF THIS
ARTICLE.
  4. THE COMMISSIONER MAY, AND UPON WRITTEN PETITION OF  NOT  LESS  THAN
TWENTY-FIVE  PER CENTUM OF THE PRODUCERS IN THE AREA, EITHER AS INDIVID-
UALS OR THROUGH COOPERATIVE REPRESENTATION,  SHALL  CALL  A  HEARING  TO
CONSIDER  AMENDING  OR TERMINATING SUCH ORDER, AND ANY SUCH AMENDMENT OR
TERMINATION SHALL BE EFFECTIVE  ONLY  UPON  APPROVAL  OF  FIFTY-ONE  PER
CENTUM  OF THE PRODUCERS OF MILK FOR THE AREA REGULATED PARTICIPATING IN
A REFERENDUM VOTE AS  PROVIDED  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
SECTION.
  5.  THE COMMISSIONER SHALL PREPARE A BUDGET FOR THE ADMINISTRATION AND
OPERATING COSTS AND EXPENSES ASSOCIATED  WITH  ANY  DAIRY  RESEARCH  AND
EDUCATION ORDER ISSUED PURSUANT TO THIS ARTICLE.
  6.  ANY  DAIRY RESEARCH AND EDUCATION ORDER ISSUED BY THE COMMISSIONER
PURSUANT TO THIS ARTICLE MAY CONTAIN ANY OR ALL OF THE FOLLOWING:
  (A) PROVISIONS FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT
TO THE ORDER FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS AND  PAYING
THE COSTS OF ADMINISTERING AND ENFORCING SUCH ORDER. IN ORDER TO COLLECT
ANY  SUCH  ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH MILK DEALER WHO
RECEIVES MILK FROM PRODUCERS TO DEDUCT THE  AMOUNT  OF  ASSESSMENT  FROM
MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIVERED. THE RATE OF
SUCH  ASSESSMENT  SHALL NOT EXCEED ONE-TENTH OF ONE PERCENT PER HUNDRED-
WEIGHT OF THE AVERAGE STATISTICAL UNIFORM PRICE FOR THE NORTHEAST FEDER-
AL MILK MARKETING ORDER, OR ANY SUCCESSOR THERETO,  AT  ONONDAGA  COUNTY
FOR  THE  PRECEDING  YEAR. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION

S. 6258--B                         50                         A. 9058--B

TWO OF THIS SECTION, THE COMMISSIONER, UPON WRITTEN PETITION OF NO  LESS
THAN TWENTY-FIVE PERCENT OF PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS
OR  THROUGH  COOPERATIVE REPRESENTATION, MAY CALL A HEARING FOR THE SOLE
PURPOSE  OF  CONSIDERING ESTABLISHING A NEW RATE OF ASSESSMENT HEREUNDER
AND MAY SUBMIT A PROPOSED CHANGE  IN  THE  RATE  OF  ASSESSMENT  TO  THE
PRODUCERS  FOR  ACCEPTANCE  OR REJECTION WITHOUT OTHERWISE AFFECTING THE
ORDER. THE PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER AS
INDIVIDUALS OR THOROUGH COOPERATIVE REPRESENTATION.
  (B) PROVISIONS FOR PAYMENTS TO INSTITUTIONS OR  ORGANIZATIONS  ENGAGED
IN  RESEARCH  LEADING  TO THE DEVELOPMENT OF NEW, INNOVATIVE OR IMPROVED
PRACTICES OR METHODS FOR DAIRY PRODUCTION AND FARM PROFITABILITY.
  (C) PROVISIONS FOR PAYMENTS TO INSTITUTIONS OR  ORGANIZATIONS  ENGAGED
IN  EDUCATIONAL  ACTIVITIES  TO  PROMOTE  THE  USE OF NEW, INNOVATIVE OR
IMPROVED PRACTICES OR METHODS FOR DAIRY PRODUCTION AND FARM  PROFITABIL-
ITY.
  (D)  PROVISIONS  FOR  REQUIRING  RECORDS  TO BE KEPT AND REPORTS TO BE
FILED BY MILK DEALERS WITH RESPECT TO MILK RECEIVED FROM  PRODUCERS  AND
WITH RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.
  (E)  PROVISIONS  FOR  THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS
FOR THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
  (F) PROVISIONS FOR AN ADVISORY BOARD AS HEREINAFTER INDICATED.
  (G) SUCH OTHER PROVISIONS  AS  MAY  BE  NECESSARY  TO  EFFECTUATE  THE
DECLARED POLICES OF THIS ARTICLE.
  7. THE COMMISSIONER MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFEC-
TIVE  DAIRY  RESEARCH AND EDUCATION ORDER FOR A CONTINUING PERIOD OF NOT
LONGER THAN ONE YEAR, IF THE PURPOSES OF THIS ARTICLE ARE DEEMED  UNNEC-
ESSARY DURING SUCH YEAR.
  8.  PRIOR  TO  THE  ISSUANCE,  AMENDMENT  OR  TERMINATION OF ANY DAIRY
RESEARCH AND EDUCATION ORDER, THE COMMISSIONER MAY REQUIRE THE PETITION-
ERS FOR SUCH ISSUANCE, AMENDMENT OR TERMINATION TO DEPOSIT WITH  HIM  OR
HER  SUCH  AMOUNT AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY THE EXPENSES
OF PREPARING AND MAKING EFFECTIVE, AMENDING OR  TERMINATING  THE  ORDER.
SUCH FUNDS SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE COMMISSION-
ER IN THE SAME MANNER AS OTHER MONEYS RECEIVED BY THE COMMISSIONER UNDER
THIS  ARTICLE  AND, IN THE EVENT THE APPLICATION FOR ADOPTION, AMENDMENT
OR TERMINATION OF A RESEARCH AND EDUCATION ORDER IS APPROVED IN A REFER-
ENDUM, THE COMMISSIONER SHALL REIMBURSE ANY SUCH APPLICANT IN THE AMOUNT
OF ANY SUCH DEPOSIT FROM  ANY  UNEXPENDED  MONIES  COLLECTED  UNDER  THE
RESEARCH ORDER AFFECTED BY SUCH REFERENDUM.
  9.  ANY  MONEYS COLLECTED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE
SHALL NOT BE DEEMED STATE FUNDS AND SHALL BE  DEPOSITED  IN  A  BANK  OR
OTHER  DEPOSITORY IN THIS STATE, APPROVED BY THE COMMISSIONER, AND SHALL
BE DISBURSED  BY  THE  COMMISSIONER  ONLY  FOR  THE  NECESSARY  EXPENSES
INCURRED  BY  THE COMMISSIONER WITH RESPECT TO THE ORDER, ALL IN ACCORD-
ANCE WITH THE RULES  AND  REGULATIONS  OF  THE  COMMISSIONER.  ALL  SUCH
EXPENDITURES  SHALL  BE  AUDITED BY THE STATE COMPTROLLER OR A CERTIFIED
PUBLIC ACCOUNTANT AT LEAST EVERY TWO YEARS AND  WITHIN  FORTY-FIVE  DAYS
AFTER  THE  COMPLETION THEREOF THE STATE COMPTROLLER OR CERTIFIED PUBLIC
ACCOUNTANT SHALL GIVE A COPY THEREOF TO THE COMMISSIONER AND  THE  ADVI-
SORY  BOARD. ANY MONEYS REMAINING IN SUCH FUND MAY, IN THE DISCRETION OF
THE COMMISSIONER, BE REFUNDED AT THE CLOSE OF ANY  FISCAL  YEAR  UPON  A
PRO-RATA  BASIS  TO  ALL  PERSONS  FROM  WHOM ASSESSMENTS THEREFORE WERE
COLLECTED OR, WHENEVER THE COMMISSIONER FINDS THAT SUCH  MONEYS  MAY  BE
NECESSARY  TO  DEFRAY  THE COST OF OPERATING SUCH RESEARCH AND EDUCATION
ORDER IN A SUCCEEDING FISCAL YEAR, THE COMMISSIONER MAY CARRY  OVER  ALL
OR  ANY  PORTION OF SUCH MONEYS INTO THE NEXT SUCH SUCCEEDING YEAR. UPON

S. 6258--B                         51                         A. 9058--B

THE TERMINATION BY THE COMMISSIONER OF ANY DAIRY RESEARCH AND  EDUCATION
ORDER,  ALL  MONEYS  REMAINING  AND  NOT REQUIRED BY THE COMMISSIONER TO
DEFRAY THE EXPENSES OF  OPERATING  SUCH  DAIRY  RESEARCH  AND  EDUCATION
ORDER,  SHALL  BE  REFUNDED BY THE COMMISSIONER UPON A PRO-RATA BASIS TO
ALL PERSONS FROM WHOM ASSESSMENTS THEREFORE  WERE  COLLECTED;  PROVIDED,
HOWEVER,  THAT  IF THE COMMISSIONER FINDS THAT THE AMOUNTS SO REFUNDABLE
ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION AND  REFUNDING  OF
SUCH  REFUNDS,  THE  COMMISSIONER  MAY  USE  SUCH  MONEYS  TO DEFRAY THE
EXPENSES  INCURRED  IN  THE  FORMULATION,  ISSUANCE,  ADMINISTRATION  OR
ENFORCEMENT OF ANY SUBSEQUENT RESEARCH ORDER.
  10.  ADVISORY BOARD. (A) ANY DAIRY RESEARCH AND EDUCATION ORDER ISSUED
PURSUANT TO THIS ARTICLE SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVI-
SORY BOARD TO ADVISE AND ASSIST THE COMMISSIONER IN  THE  ADMINISTRATION
OF  SUCH  ORDER. THIS BOARD SHALL CONSIST OF NOT LESS THAN FIVE MEMBERS.
AT LEAST THREE MEMBERS SHALL REPRESENT DAIRY  COOPERATIVES,  ONE  MEMBER
SHALL  REPRESENT A GENERAL FARM ORGANIZATION, AND ONE MEMBER SHALL BE AN
AT-LARGE PRODUCER REPRESENTATIVE. MEMBERS SHALL SERVE  THREE-YEAR  TERMS
AND SHALL BE APPOINTED BY THE COMMISSIONER FROM NOMINATIONS SUBMITTED BY
PRODUCERS  LOCATED  IN  THE AREA TO WHICH THE ORDER APPLIES. THE COMMIS-
SIONER SHALL MAKE EVERY EFFORT TO  ENSURE  THAT  THERE  IS  GEOGRAPHICAL
REPRESENTATION  FROM  THE  MAJOR  DAIRY  PRODUCING REGIONS OF THE STATE.
NOMINATING PROCEDURES, QUALIFICATIONS, REPRESENTATION AND  SIZE  OF  THE
ADVISORY BOARD SHALL BE PRESCRIBED IN THE ORDER.
  (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
ENTITLED  TO  ACTUAL  AND  REASONABLE EXPENSES INCURRED WHILE PERFORMING
DUTIES AS AUTHORIZED IN THIS SECTION.
  (C) THE DUTIES AND RESPONSIBILITIES OF THE  ADVISORY  BOARD  SHALL  BE
PRESCRIBED  BY  THE  COMMISSIONER  IN  THE  DAIRY RESEARCH AND EDUCATION
ORDER, AND MAY INCLUDE ALL OR ANY OF THE FOLLOWING DUTIES AND  RESPONSI-
BILITIES:
  (1) RECOMMENDING TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND REGU-
LATIONS RELATING TO THE ORDER.
  (2)  RECOMMENDING  TO THE COMMISSIONER SUCH AMENDMENTS TO THE ORDER AS
DEEMED ADVISABLE.
  (3) PREPARING AND SUBMITTING TO THE COMMISSIONER AN  ESTIMATED  BUDGET
REQUIRED FOR THE PROPER OPERATION OF THE ORDER.
  (4)   REVIEWING,  EVALUATING  AND  RECOMMENDING  TO  THE  COMMISSIONER
RESEARCH AND EDUCATION ACTIVITIES  FOR  FUNDING  THAT  ARE  DESIGNED  TO
IMPROVE MILK PRODUCTION AND FARM PROFITABILITY.
  (5)  RECOMMENDING  TO THE COMMISSIONER METHODS FOR ASSESSING PRODUCERS
AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
  (6) ASSISTING THE COMMISSIONER  IN  THE  COLLECTION  AND  ASSEMBLY  OF
INFORMATION  AND  DATA  NECESSARY  FOR  THE PROPER ADMINISTRATION OF THE
ORDER.
  (7) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE  ORDER
AS THE COMMISSIONER SHALL DESIGNATE.
  S  258-V.  RULES AND REGULATIONS; ENFORCEMENT. 1. THE COMMISSIONER MAY
MAKE AND PROMULGATE SUCH RULES AND REGULATIONS AS MAY  BE  NECESSARY  TO
EFFECTUATE  THE PROVISIONS AND INTENT OF THIS ARTICLE AND TO ENFORCE THE
PROVISION OF ANY DAIRY RESEARCH AND EDUCATION ORDER, ALL OF WHICH  SHALL
HAVE THE FORCE AND EFFECT OF LAW.
  2.  THE  COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS
MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY  PROVISION  OF  THIS
ARTICLE,  OR  ANY  RULE  OR REGULATION, OR RESEARCH AND EDUCATION ORDER,
COMMITTED TO HIS OR HER ADMINISTRATION, AND IN  ADDITION  TO  ANY  OTHER
REMEDY  UNDER  ARTICLE THREE OF THIS CHAPTER OR OTHERWISE, MAY APPLY FOR

S. 6258--B                         52                         A. 9058--B

RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT
BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT  LAW  DOES
NOT  EXIST.  SUCH  APPLICATION  MAY  BE MADE TO THE SUPREME COURT IN ANY
DISTRICT  OR  COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR
TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
  S 2. This act shall take effect immediately.

                                 PART AA

  Section 1. Paragraph (b) of subdivision  2  of  section  2975  of  the
public  authorities law, as amended by section 1 of part J of chapter 60
of the laws of 2011, is amended to read as follows:
  (b) On or before November first, two thousand three and on  or  before
November first of each year thereafter, the director of the budget shall
determine  the  amount  owed  under  this section by each public benefit
corporation. The director of the budget may reduce, in  whole  or  part,
the amount of such assessment if the payment thereof would necessitate a
state  appropriation  for  the  purpose,  or  would  otherwise impose an
extraordinary hardship upon the affected public benefit corporation. The
aggregate amount assessed under this section in any given  state  fiscal
year may not exceed [sixty] SIXTY-TWO million dollars.
  S 2. This act shall take effect immediately.

                                 PART BB

  Section  1.  Paragraph  (b)  of  subdivision  2 of section 1676 of the
public authorities law is amended by adding a new undesignated paragraph
to read as follows:
  THE STATE OF NEW YORK AND ANY PUBLIC CORPORATION.
  S 2. Subdivision 1 of section 1680 of the public  authorities  law  is
amended by adding a new undesignated paragraph to read as follows:
  THE STATE OF NEW YORK AND ANY PUBLIC CORPORATION.
  S 3. Section 1680 of the public authorities law is amended by adding a
new subdivision 41 to read as follows:
  41.  THE DORMITORY AUTHORITY IS EMPOWERED AND AUTHORIZED TO ENTER INTO
A LEASE, SUBLEASE OR OTHER AGREEMENT WITH THE STATE OF  NEW  YORK  OR  A
PUBLIC CORPORATION THEREIN, PURSUANT TO WHICH ONE OR MORE FACILITIES ARE
TO BE FINANCED, DESIGNED, ACQUIRED, CONSTRUCTED, RECONSTRUCTED, REHABIL-
ITATED,  IMPROVED  OR  OTHERWISE  PROVIDED  FOR THE STATE OR SUCH PUBLIC
CORPORATION, OR SUCH FACILITIES ARE TO BE FURNISHED OR EQUIPPED.
  S 4. This act shall take effect immediately.

                                 PART CC

  Section 1. Section 579 of the banking law, as amended by  chapter  629
of the laws of 2002, is amended to read as follows:
  S  579.  Doing  business  without  license prohibited. Only a [type B]
not-for-profit corporation [as defined in section two hundred one of the
not-for-profit corporation law of this state,] or an entity incorporated
in another state and  having  a  similar  not-for-profit  status,  shall
engage  in the business of budget planning as defined in subdivision one
of section four hundred fifty-five of the general business law [of  this
state]  except as authorized by this article and without first obtaining
a license from the superintendent.
  S 2. Paragraph (d) of section 304 of the business corporation  law  is
amended to read as follows:

S. 6258--B                         53                         A. 9058--B

  (d) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL  MAIL  A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL  BE  DEEMED
TO  BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A
PERSON  SHALL  MAIL  A COPY OF PROCESS SERVED AGAINST THE CORPORATION AS
REQUIRED BY THIS  ARTICLE.  Any  designated  [post-office]  POST  OFFICE
address to which the secretary of state OR A PERSON shall mail a copy of
process  served upon [him] THE SECRETARY OF STATE as agent of a domestic
corporation or a foreign corporation, shall continue until the filing of
a certificate under this chapter directing the mailing  to  a  different
[post-office] POST OFFICE address.
  S  2-a.  Paragraphs  (b),  (c)  and (d) of section 306 of the business
corporation law are REPEALED and six new paragraphs (b), (c), (d),  (e),
(f) and (g) are added to read as follows:
  (B)  SERVICE OF SUCH PROCESS UPON THE SECRETARY OF STATE AS AGENT OF A
DOMESTIC OR AUTHORIZED FOREIGN CORPORATION,  OR  OTHER  BUSINESS  ENTITY
THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROC-
ESS  PURSUANT  TO  ARTICLE  NINE  OF  THIS  CHAPTER,  SHALL  BE  MADE BY
PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF  STATE  OR  A
DEPUTY, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE
SUCH  SERVICE,  AT  THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF
ALBANY, A COPY OF SUCH PROCESS TOGETHER WITH THE  STATUTORY  FEE,  WHICH
FEE SHALL BE A TAXABLE DISBURSEMENT. SUCH SERVICE SHALL BE SUFFICIENT IF
NOTICE OF SUCH SERVICE ON THE SECRETARY OF STATE AND A COPY OF THE PROC-
ESS ARE:
  (1)  DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH CORPO-
RATION BY A PERSON AND IN THE MANNER AUTHORIZED TO SERVE PROCESS BY  LAW
OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
  (2)  SENT  BY  OR  ON  BEHALF  OF THE PLAINTIFF TO SUCH CORPORATION BY
CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED, AT THE POST OFFICE ADDRESS
SPECIFIED FOR THE PURPOSE OF MAILING PROCESS, ON FILE IN THE  DEPARTMENT
OF STATE.
  (C)  (1)  WHERE  SERVICE OF A COPY OF PROCESS WAS EFFECTED BY PERSONAL
SERVICE, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH  THIS
SECTION  FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER SUCH
SERVICE, WITH THE CLERK OF THE COURT IN  WHICH  THE  ACTION  OR  SPECIAL
PROCEEDING  IS  PENDING.  SERVICE  OF PROCESS SHALL BE COMPLETE TEN DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
  (2) WHERE SERVICE OF A COPY OF PROCESS  WAS  EFFECTED  BY  MAILING  IN
ACCORDANCE  WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF
COMPLIANCE WITH THIS SECTION FILED, TOGETHER WITH  THE  PROCESS,  WITHIN
THIRTY  DAYS  AFTER  RECEIPT  OF THE RETURN RECEIPT SIGNED BY THE CORPO-
RATION, OR OTHER OFFICIAL PROOF OF DELIVERY OR OF THE ORIGINAL  ENVELOPE
MAILED.  IF  A  COPY  OF  THE  PROCESS IS MAILED IN ACCORDANCE WITH THIS
SECTION, THERE SHALL BE FILED WITH THE AFFIDAVIT  OF  COMPLIANCE  EITHER
THE  RETURN RECEIPT   SIGNED BY SUCH CORPORATION OR OTHER OFFICIAL PROOF
OF DELIVERY OR, IF ACCEPTANCE WAS REFUSED BY IT, THE  ORIGINAL  ENVELOPE
WITH  A  NOTATION BY THE POSTAL AUTHORITIES THAT ACCEPTANCE WAS REFUSED.
IF ACCEPTANCE WAS REFUSED, A COPY OF THE  NOTICE  AND  PROCESS  TOGETHER
WITH NOTICE OF THE MAILING BY CERTIFIED MAIL AND REFUSAL TO ACCEPT SHALL
BE  PROMPTLY  SENT  TO  SUCH CORPORATION AT THE SAME ADDRESS BY ORDINARY
MAIL AND THE AFFIDAVIT OF COMPLIANCE SHALL SO STATE. SERVICE OF  PROCESS
SHALL BE COMPLETE TEN DAYS AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF
THE  COURT.  THE  REFUSAL TO ACCEPT DELIVERY OF THE CERTIFIED MAIL OR TO
SIGN THE RETURN RECEIPT SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND

S. 6258--B                         54                         A. 9058--B

SUCH CORPORATION REFUSING TO ACCEPT SUCH CERTIFIED MAIL SHALL BE CHARGED
WITH KNOWLEDGE OF THE CONTENTS THEREOF.
  (D) SERVICE MADE AS PROVIDED IN THIS SECTION SHALL HAVE THE SAME FORCE
AS PERSONAL SERVICE MADE WITHIN THIS STATE.
  (E) AN ADDITIONAL SERVICE OF THE SUMMONS MAY BE MADE PURSUANT TO PARA-
GRAPH  FOUR  OF SUBDIVISION (G) OF SECTION THIRTY-TWO HUNDRED FIFTEEN OF
THE CIVIL PRACTICE LAW AND RULES.
  (F) IF AN ACTION OR SPECIAL PROCEEDING IS INSTITUTED  IN  A  COURT  OF
LIMITED  JURISDICTION,  SERVICE  OF  PROCESS  MAY  BE MADE IN THE MANNER
PROVIDED IN THIS SECTION IF THE OFFICE OF THE DOMESTIC OR FOREIGN CORPO-
RATION IS WITHIN THE TERRITORIAL JURISDICTION OF THE COURT.
  (G) NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT TO SERVE PROCESS IN
ANY OTHER MANNER PERMITTED BY LAW.
  S 3. Subparagraphs 2 and 3 of paragraph (a), paragraph (b) and  clause
(i)  of subparagraph 2 of paragraph (e) of section 306-A of the business
corporation law, as added by chapter  469  of  the  laws  of  1997,  are
amended to read as follows:
  (2)  That  the  address of the party has been designated by the corpo-
ration as the post office address to which [the secretary  of  state]  A
PERSON shall mail a copy of any process served on the secretary of state
as  agent  for such corporation, SUCH ADDRESS and that such party wishes
to resign.
  (3) That sixty days prior to the filing of the certificate of resigna-
tion FOR RECEIPT OF PROCESS with the department of state the  party  has
sent  a copy of the certificate of resignation for receipt of process by
registered or certified mail to the address of the registered  agent  of
the  designating corporation, if other than the party filing the certif-
icate of resignation[,] for receipt of process, or  if  the  [resigning]
DESIGNATING  corporation  has  no  registered  agent,  then  to the last
address of the designating corporation known to  the  party,  specifying
the  address to which the copy was sent. If there is no registered agent
and no known address of the designating  corporation,  the  party  shall
attach  an  affidavit  to  the  certificate  stating that a diligent but
unsuccessful search was made by the party  to  locate  the  corporation,
specifying what efforts were made.
  (b)  Upon the failure of the designating corporation to file a certif-
icate of amendment or change providing for the designation by the corpo-
ration of the new address after the filing of a certificate of  resigna-
tion  for  receipt of process with the secretary of state, its authority
to do business in this state shall be suspended unless  the  corporation
has  previously  filed a BIENNIAL statement [of addresses and directors]
under section four hundred eight of this chapter,  the  address  of  the
principal  executive  office stated in the last filed BIENNIAL statement
[of addresses and directors] shall constitute the new address for  proc-
ess  of  the  corporation,  and  the  corporation  shall  not  be deemed
suspended.
  (i) delivered personally within or without this state to  such  corpo-
ration  by a person and in THE manner authorized to serve process by law
of the jurisdiction in which service is made, or
  S 4. Subparagraph 7 of paragraph (a) of section 402  of  the  business
corporation law is amended to read as follows:
  (7)  A  designation  of  the secretary of state as agent of the corpo-
ration upon whom process against it may be served and  the  post  office
address, within or without this state, to which [the secretary of state]
A  PERSON  shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.

S. 6258--B                         55                         A. 9058--B

  S 5. Subparagraph (c) of paragraph 1 of section 408  of  the  business
corporation  law, as added by chapter 55 of the laws of 1992, is amended
to read as follows:
  (c)  The  post  office address, within or without this state, to which
[the secretary of state] A PERSON shall  mail  a  copy  of  any  process
against  it  served  upon  [him  or  her] THE SECRETARY OF STATE.   Such
address shall supersede any previous address on file with the department
of state for this purpose.
  S 6. Subparagraph 4 of paragraph (b) of section 801  of  the  business
corporation law is amended to read as follows:
  (4)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  7.  Subparagraph  2 of paragraph (b) of section 803 of the business
corporation law, as amended by chapter 803  of  the  laws  of  1965,  is
amended to read as follows:
  (2) To  specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  8.  Paragraph (b) of section 805-A of the business corporation law,
as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
follows:
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a corporation served upon [him] THE SECRETARY  OF  STATE
or  the  address  of  the  registered agent, provided such address being
changed is the address  of  a  person,  partnership,  LIMITED  LIABILITY
COMPANY  or other corporation whose address, as agent, is the address to
be changed or who has been  designated  as  registered  agent  for  such
corporation,  may  be signed[, verified] and delivered to the department
of state by such agent. The certificate of change shall  set  forth  the
statements  required under subparagraphs [(a)] (1), (2) and (3) OF PARA-
GRAPH (A) of this section; that a notice  of  the  proposed  change  was
mailed  to the corporation by the party signing the certificate not less
than thirty days prior to the date of delivery  to  the  department  and
that such corporation has not objected thereto; and that the party sign-
ing  the  certificate  is the agent of such corporation to whose address
[the secretary of state] A PERSON is required to mail [copies] A COPY of
process SERVED ON THE SECRETARY OF STATE or  the  registered  agent,  if
such  be  the case. A certificate signed[, verified] and delivered under
this paragraph shall not be deemed to effect a change of location of the
office of the corporation in whose behalf such certificate is filed.
  S 9. Subparagraph 8 of paragraph (a) of section 904-a of the  business
corporation  law,  as  amended  by  chapter  177 of the laws of 2008, is
amended to read as follows:
  (8) If the surviving or resulting entity is a foreign  corporation  or
other  business  entity,  a designation of the secretary of state as its
agent upon whom process against it may be served in the manner set forth
in paragraph (b) of section three hundred six of this  chapter,  in  any
action or special proceeding, and a post office address, within or with-
out  this state, to which [the secretary of state] A PERSON shall mail a
copy of any process against it served upon [him] THE SECRETARY OF STATE.
Such post office address shall supersede any prior address designated as
the address to which process shall be mailed;

S. 6258--B                         56                         A. 9058--B

  S 10. Clause (G) of subparagraph 2 of paragraph (e) of section 907  of
the  business  corporation law, as amended by chapter 494 of the laws of
1997, is amended to read as follows:
  (G)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served in the manner set  forth  in  paragraph
(b)  of  section  306  (Service  of  process),  in any action or special
proceeding, and a post office address, within or without this state,  to
which [the secretary of state] A PERSON shall mail a copy of any process
against  it  served upon [him] THE SECRETARY OF STATE.  Such post office
address shall supersede any prior address designated as the  address  to
which process shall be mailed.
  S  11. Subparagraph 6 of paragraph (a) of section 1304 of the business
corporation law, as amended by chapter 684 of the laws of  1963  and  as
renumbered  by  chapter  590  of the laws of 1982, is amended to read as
follows:
  (6) A designation of the secretary of state as  its  agent  upon  whom
process  against it may be served and the post office address, within or
without this state, to which [the secretary of  state]  A  PERSON  shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
  S  12. Subparagraph 7 of paragraph (a) of section 1308 of the business
corporation law, as amended by chapter 725 of the laws of  1964  and  as
renumbered  by  chapter  186  of the laws of 1983, is amended to read as
follows:
  (7) To specify or change the post office address to which [the  secre-
tary  of  state]  A  PERSON  shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  S 13. Subparagraph 2 of paragraph (a) and  paragraph  (c)  of  section
1309-A  of the business corporation law, subparagraph 2 of paragraph (a)
as added by chapter 725 of the laws of 1964 and paragraph (c) as amended
by chapter 172 of the laws of 1999, are amended to read as follows:
  (2) To specify or change the post office address to which [the  secre-
tary  of  state]  A  PERSON  shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  (c) A certificate of change of application for authority which changes
only the post office address to which [the secretary of state] A  PERSON
shall  mail  a  copy of any process against an authorized foreign corpo-
ration served upon [him] THE SECRETARY OF STATE  or  which  changes  the
address of its registered agent, provided such address is the address of
a  person,  partnership,  LIMITED LIABILITY COMPANY or other corporation
whose address, as agent, is the address to be changed or  who  has  been
designated  as registered agent for such authorized foreign corporation,
may be signed and delivered to the department of state  by  such  agent.
The  certificate  of change of application for authority shall set forth
the statements required under subparagraphs (1), (2),  (3)  and  (4)  of
paragraph  (b) of this section; that a notice of the proposed change was
mailed by the party signing the certificate to  the  authorized  foreign
corporation  not  less than thirty days prior to the date of delivery to
the department and that such corporation has not objected  thereto;  and
that  the  party  signing  the  certificate is the agent of such foreign
corporation to whose address  [the  secretary  of  state]  A  PERSON  is
required  to  mail [copies] A COPY of process SERVED ON THE SECRETARY OF
STATE or the registered agent, if such be the case. A certificate signed
and delivered under this paragraph shall  not  be  deemed  to  effect  a
change of location of the office of the corporation in whose behalf such
certificate is filed.

S. 6258--B                         57                         A. 9058--B

  S  14.  Subparagraphs  1 and 6 of paragraph (a) of section 1310 of the
business corporation law, subparagraph 1 as amended by  chapter  590  of
the laws of 1982, are amended to read as follows:
  (1)  The name of the foreign corporation as it appears on the index of
names of existing domestic and authorized foreign  corporations  of  any
type  or kind in the department of state, division of corporations [or,]
AND the fictitious name, IF ANY, the corporation has agreed  to  use  in
this  state  pursuant to paragraph (d) of section 1301 (AUTHORIZATION OF
FOREIGN CORPORATIONS) of this [chapter] ARTICLE.
  (6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  S 15. Subparagraph 4 of paragraph (d) of section 1310 of the  business
corporation law is amended to read as follows:
  (4)  The changed post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.
  S 16. Section 1311 of the business  corporation  law,  as  amended  by
chapter 375 of the laws of 1998, is amended to read as follows:
S 1311. Termination of existence.
  When  an  authorized foreign corporation is dissolved or its authority
or existence is otherwise terminated or cancelled in the jurisdiction of
its incorporation or when such foreign corporation  is  merged  into  or
consolidated  with  another  foreign  corporation,  a certificate of the
secretary of state, or official performing the equivalent function as to
corporate records, of the jurisdiction of incorporation of such  foreign
corporation attesting to the occurrence of any such event or a certified
copy of an order or decree of a court of such jurisdiction directing the
dissolution  of  such foreign corporation, the termination of its exist-
ence or the cancellation of its authority  shall  be  delivered  to  the
department  of  state.  The  filing  of the certificate, order or decree
shall have the same effect as the filing of a certificate  of  surrender
of  authority under section 1310 (Surrender of authority). The secretary
of state shall continue as agent of the foreign  corporation  upon  whom
process  against  it  may be served in the manner set forth in paragraph
(b) of section 306 (Service  of  process),  in  any  action  or  special
proceeding  based  upon  any  liability  or  obligation  incurred by the
foreign corporation within this  state  prior  to  the  filing  of  such
certificate,  order  or  decree and [he] THE PERSON SERVING SUCH PROCESS
shall promptly cause a copy of any such process to be mailed by  [regis-
tered]  CERTIFIED mail, return receipt requested, to such foreign corpo-
ration at the post office address on file in [his]  THE  office  OF  THE
SECRETARY  OF  STATE specified for such purpose. The post office address
may be changed by signing and delivering to the department  of  state  a
certificate  of  change  setting  forth  the  statements  required under
section 1309-A (Certificate of change; contents) to effect a  change  in
the  post  office  address under subparagraph [(a) (4)] (7) OF PARAGRAPH
(A) of section 1308 (Amendments or changes).
  S 17.  The opening paragraph of subdivision 1  of  section  5  of  the
cooperative  corporations  law, as amended by chapter 158 of the laws of
1978, is amended to read as follows:
  The business corporation law applies to every  corporation  heretofore
or  hereafter  formed  under this chapter, or under any other statute or
special act of this state, or under laws other than the statutes of this
state, which has as its purpose or among its  purposes  the  cooperative
rendering of mutual help and service to its members and which, if formed

S. 6258--B                         58                         A. 9058--B

under  laws  other than the statutes of this state, would, if it were to
be formed currently under the laws of this state, be formed  under  this
chapter  except  a membership cooperative as defined in section three of
this  chapter,  to which the not-for-profit corporation law shall apply.
Any corporation to which the business corporation law is made applicable
by this section shall be treated as a  "corporation,"  "domestic  corpo-
ration,"  or  "foreign corporation," as such terms are used in the busi-
ness corporation law; provided, however, that neither the  purposes  for
which  any  such  corporation  may  be formed under this chapter nor its
classification as a non-profit corporation shall thereby be extended  or
affected.  [Any  corporation to which the not-for-profit corporation law
is made applicable by this section shall  be  a  type  D  not-for-profit
corporation.]
  S 18. Section 11 of the cooperative corporations law, subdivision 8 as
amended by chapter 664 of the laws of 1966 and subdivisions 10 and 11 as
added by chapter 97 of the laws of 1969, is amended to read as follows:
  S 11. CERTIFICATE OF INCORPORATION; CONTENTS. Five or more persons may
form  a  corporation, under this chapter, by making[, acknowledging] and
filing a certificate of incorporation ENTITLED "CERTIFICATE OF  INCORPO-
RATION  OF  ...... (NAME OF CORPORATION) UNDER SECTION 11 OF THE COOPER-
ATIVE CORPORATIONS LAW" which shall state:
  1. Its name. The name shall include the word "Cooperative."
  2. Its purposes, as permitted by this chapter.
  3. Its duration.
  4. The city, village or town and the county in which its office is  to
be located.
  5. The names and post office addresses of its incorporators.
  6. The  number of its directors, or that the number of directors shall
be within a stated minimum and maximum as the by-laws may from  time  to
time provide.  In either case, the number shall be not less than five.
  7. The  names  and  post  office  addresses of the directors until the
first annual meeting.
  8. Whether organized with or without capital stock. If organized  with
stock, the total amount thereof, the total number, if any, of the shares
without  par  value,  and  the  total number and par value of any shares
having a par value.  If the shares are to be classified, the  number  of
shares to be included in each class and all of the designations, prefer-
ences,  privileges, and voting rights or restrictions and qualifications
of the shares of each class.
  9. That all of the subscribers are of full age;  that  at  least  two-
thirds  of  them are citizens of the United States; that at least one of
them is a resident of the state of New York; and  that  of  the  persons
named  as directors at least one is a citizen of the United States and a
resident of the state of New York.
  10. A designation of the secretary of state as  agent  of  the  corpo-
ration  upon  whom  process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served  upon  [him]
THE SECRETARY OF STATE.
  11. If  the  corporation  is  to  have  a registered agent, [his] SUCH
AGENT'S name and address within this state  and  a  statement  that  the
registered agent is to be the agent of the corporation upon whom process
against it may be served.
  S  19.    The  opening paragraph of subdivision 2 and subdivision 3 of
section 18 of the general associations law, as amended by chapter 13  of
the laws of 1938, are amended to read as follows:

S. 6258--B                         59                         A. 9058--B

  Every  association  doing business within this state shall file in the
department of state a certificate in its  associate  name,  signed  [and
acknowledged]  by  its  president, or a vice-president, or secretary, or
treasurer, or managing director, or trustee, designating  the  secretary
of  state  as  an  agent  upon  whom process in any action or proceeding
against the association may be served within  this  state,  and  setting
forth an address to which [the secretary of state] A PERSON shall mail a
copy  of  any  process  against the association which may be served upon
[him] THE SECRETARY OF STATE pursuant to law.   Annexed to  the  certif-
icate  of  designation shall be a statement, executed in the same manner
as the certificate is required to be executed under this section,  which
shall set forth:
  3.    Any  association,  from  time to time, may change the address to
which [the secretary of state] A PERSON is directed to mail  [copies]  A
COPY  of process SERVED ON THE SECRETARY OF STATE, by filing a statement
to that effect, executed[,] AND signed [and acknowledged] in like manner
as a certificate of designation as herein provided.
  S 20. Section 18 of the general associations law is amended by  adding
two new subdivisions 5 and 6 to read as follows:
  5.  ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF  STATE  AS
AGENT  IN  ANY  ACTION  OR  PROCEEDING  AGAINST THE ASSOCIATION SHALL BE
DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS  STATE,  TO
WHICH  A  PERSON SHALL MAIL A COPY OF PROCESS SERVED AGAINST THE ASSOCI-
ATION AS REQUIRED BY THIS ARTICLE. ANY DESIGNATED POST OFFICE ADDRESS TO
WHICH THE SECRETARY OF STATE OR A PERSON SHALL MAIL A COPY OF ANY  PROC-
ESS  SERVED  UPON  THE  SECRETARY  OF  STATE  AS  AGENT IN ANY ACTION OR
PROCEEDING AGAINST THE ASSOCIATION SHALL CONTINUE UNTIL THE FILING OF  A
CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST
OFFICE ADDRESS.
  6.  "PROCESS"  MEANS JUDICIAL PROCESS AND ALL ORDERS, DEMANDS, NOTICES
OR OTHER PAPERS REQUIRED OR PERMITTED BY LAW TO BE PERSONALLY SERVED  ON
AN  ASSOCIATION, FOR THE PURPOSE OF ACQUIRING JURISDICTION OF SUCH ASSO-
CIATION IN ANY ACTION OR PROCEEDING, CIVIL OR  CRIMINAL,  WHETHER  JUDI-
CIAL,  ADMINISTRATIVE, ARBITRATIVE OR OTHERWISE, IN THIS STATE OR IN THE
FEDERAL COURTS SITTING IN OR FOR THIS STATE.
  S 21. Section 19 of the general associations law, as amended by  chap-
ter 166 of the laws of 1991, is amended to read as follows:
  S 19. Service of process. 1. Service of process against an association
upon  the  secretary  of state shall be made by personally delivering to
and leaving with [him] THE SECRETARY OF STATE or a deputy [secretary  of
state  or  an  associate  attorney,  senior  attorney or attorney in the
corporation division of the department of  state,  duplicate  copies  of
such  process  at  the  office of the department of state in the city of
Albany], OR WITH A PERSON  AUTHORIZED  BY  THE  SECRETARY  OF  STATE  TO
RECEIVE  SUCH  SERVICE  AT  THE OFFICE OF THE DEPARTMENT OF STATE IN THE
CITY OF ALBANY, A COPY OF SUCH PROCESS TOGETHER WITH THE  STATUTORY  FEE
OF  FORTY  DOLLARS,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT.  [At the
time of such service the plaintiff shall pay a fee of forty  dollars  to
the  secretary  of  state  which shall be a taxable disbursement. If the
cost of registered mail for transmitting a copy  of  the  process  shall
exceed two dollars, an additional fee equal to such excess shall be paid
at the time of the service of such process. The secretary of state shall
forthwith  send by registered mail one of such copies to the association
at the address fixed for that purpose, as herein provided.]

S. 6258--B                         60                         A. 9058--B

  2. SUCH SERVICE SHALL BE SUFFICIENT IF NOTICE OF SUCH SERVICE  ON  THE
SECRETARY OF STATE AND A COPY OF THE PROCESS ARE:
  (A) DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH ASSOCI-
ATION  BY  A PERSON AND IN THE MANNER AUTHORIZED TO SERVE PROCESS BY LAW
OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
  (B) SENT BY OR ON BEHALF OF  THE  PLAINTIFF  TO  SUCH  ASSOCIATION  BY
CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED, AT THE POST OFFICE ADDRESS
SPECIFIED  FOR THE PURPOSE OF MAILING PROCESS, ON FILE IN THE DEPARTMENT
OF STATE.
  3. (A) WHERE SERVICE OF A COPY OF PROCESS  WAS  EFFECTED  BY  PERSONAL
SERVICE,  PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
SECTION FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER  SUCH
SERVICE,  WITH  THE  CLERK  OF  THE COURT IN WHICH THE ACTION OR SPECIAL
PROCEEDING IS PENDING. SERVICE OF PROCESS SHALL  BE  COMPLETE  TEN  DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
  (B)  WHERE  SERVICE  OF  A  COPY OF PROCESS WAS EFFECTED BY MAILING IN
ACCORDANCE WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT  OF
COMPLIANCE  WITH  THIS  SECTION FILED, TOGETHER WITH THE PROCESS, WITHIN
THIRTY DAYS AFTER RECEIPT OF THE RETURN RECEIPT SIGNED  BY  THE  ASSOCI-
ATION,  OR  OTHER OFFICIAL PROOF OF DELIVERY OR OF THE ORIGINAL ENVELOPE
MAILED. IF A COPY OF THE PROCESS  IS  MAILED  IN  ACCORDANCE  WITH  THIS
SECTION,  THERE  SHALL  BE FILED WITH THE AFFIDAVIT OF COMPLIANCE EITHER
THE RETURN RECEIPT SIGNED BY SUCH ASSOCIATION OR OTHER OFFICIAL PROOF OF
DELIVERY OR, IF ACCEPTANCE WAS REFUSED BY IT, THE ORIGINAL ENVELOPE WITH
A NOTATION BY THE POSTAL AUTHORITIES THAT  ACCEPTANCE  WAS  REFUSED.  IF
ACCEPTANCE  WAS  REFUSED, A COPY OF THE NOTICE AND PROCESS TOGETHER WITH
NOTICE OF THE MAILING BY CERTIFIED MAIL AND REFUSAL TO ACCEPT  SHALL  BE
PROMPTLY  SENT  TO SUCH ASSOCIATION AT THE SAME ADDRESS BY ORDINARY MAIL
AND THE AFFIDAVIT OF COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS SHALL
BE COMPLETE TEN DAYS AFTER SUCH PAPERS ARE FILED WITH THE CLERK  OF  THE
COURT.  THE  REFUSAL TO ACCEPT DELIVERY OF THE CERTIFIED MAIL OR TO SIGN
THE RETURN RECEIPT SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND SUCH
ASSOCIATION REFUSING TO ACCEPT SUCH CERTIFIED MAIL SHALL BE CHARGED WITH
KNOWLEDGE OF THE CONTENTS THEREOF.
  4. If the action or proceeding is instituted in  a  court  of  limited
jurisdiction,  service  of process may be made in the manner provided in
this section if the cause of action arose within the territorial  juris-
diction  of  the  court and the office of the defendant, as set forth in
its statement filed pursuant to section eighteen of this [chapter] ARTI-
CLE, is within such territorial jurisdiction.
  S 22. Paragraph 4 of subdivision (e) of section  203  of  the  limited
liability  company  law, as added by chapter 470 of the laws of 1997, is
amended to read as follows:
  (4) a designation of the secretary of state as agent  of  the  limited
liability  company  upon  whom  process against it may be served and the
post office address, within or without this state, to which [the  secre-
tary  of  state]  A  PERSON shall mail a copy of any process against the
limited liability company served upon [him  or  her]  THE  SECRETARY  OF
STATE;
  S  23.  Paragraph  6  of subdivision (d) of section 211 of the limited
liability company law is amended to read as follows:
  (6) a change in the post office address to  which  [the  secretary  of
state]  A  PERSON  shall  mail a copy of any process against the limited
liability company served upon [him or her] THE  SECRETARY  OF  STATE  if
such  change is made other than pursuant to section three hundred one of
this chapter;

S. 6258--B                         61                         A. 9058--B

  S 24. Subdivisions (a) and (b) of section 211-A of the limited liabil-
ity company law, as added by chapter  448  of  the  laws  of  1998,  are
amended to read as follows:
  (a) A limited liability company may amend its articles of organization
from  time  to time to (i) specify or change the location of the limited
liability company's office; (ii)  specify  or  change  the  post  office
address  to which [the secretary of state] A PERSON shall mail a copy of
any process against the limited liability company served upon [him]  THE
SECRETARY  OF STATE; and (iii) make, revoke or change the designation of
a registered agent, or specify or change the address of  the  registered
agent.  Any  one  or  more  such changes may be accomplished by filing a
certificate of change which shall be  entitled  "Certificate  of  Change
of ....... (name  of  limited  liability company) under section 211-A of
the Limited Liability Company Law" and shall be signed and delivered  to
the department of state. It shall set forth:
  (1)  the  name  of  the  limited liability company, and if it has been
changed, the name under which it was formed;
  (2) the date the articles of organization were filed by the department
of state; and
  (3) each change effected thereby.
  (b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall  mail  a  copy  of  any
process against a limited liability company served upon [him] THE SECRE-
TARY  OF  STATE  or  the  address of the registered agent, provided such
address being changed is the address of a person,  partnership,  LIMITED
LIABILITY COMPANY or corporation whose address, as agent, is the address
to  be  changed  or who has been designated as registered agent for such
limited liability company may be signed and delivered to the  department
of  state  by  such agent. The certificate of change shall set forth the
statements required under subdivision (a) of this section; that a notice
of the proposed change was mailed  to  the  domestic  limited  liability
company  by  the party signing the certificate not less than thirty days
prior to the date of delivery to the department of state and  that  such
domestic  limited  liability  company has not objected thereto; and that
the party signing the certificate is the agent of such limited liability
company to whose address [the secretary of state] A PERSON  is  required
to  mail  [copies] A COPY of process SERVED ON THE SECRETARY OF STATE or
the registered agent, if such be the  case.  A  certificate  signed  and
delivered  under this subdivision shall not be deemed to effect a change
of location of the office of the  limited  liability  company  in  whose
behalf such certificate is filed.
  S  24-a.  Paragraph 2 of subdivision (b) of section 213 of the limited
liability company law is amended to read as follows:
  (2) to change the post office  address  to  which  [the  secretary  of
state]  A  PERSON  shall  mail a copy of any process against the limited
liability company served upon [him or her] THE SECRETARY OF STATE; and
  S 25. Subdivisions (c) and (e) of section 301 of the limited liability
company law, subdivision (e) as amended by chapter 643 of  the  laws  of
1995, are amended to read as follows:
  (c) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL  MAIL  A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABIL-
ITY COMPANY SHALL BE DEEMED TO BE THE POST  OFFICE  ADDRESS,  WITHIN  OR
WITHOUT  THIS  STATE,  TO  WHICH  A  PERSON SHALL MAIL A COPY OF PROCESS
SERVED AGAINST THE LIMITED LIABILITY COMPANY AS REQUIRED BY  THIS  ARTI-
CLE.  Any designated post office address to which the secretary of state

S. 6258--B                         62                         A. 9058--B

OR A PERSON shall mail a copy of process served upon [him  or  her]  THE
SECRETARY OF STATE as agent of a domestic limited liability company or a
foreign  limited  liability company shall continue until the filing of a
certificate under this chapter directing the mailing to a different post
office address.
  [(e)]  (D)  Every  limited  liability  company  to  which this chapter
applies, shall biennially in the calendar month during which  its  arti-
cles  of organization or application for authority were filed, or effec-
tive date thereof if stated, file on forms prescribed by  the  secretary
of  state,  a statement setting forth the post office address, within or
without this state, to which [the secretary of  state]  A  PERSON  shall
mail  a copy of any process accepted against it served upon [him or her]
THE SECRETARY OF  STATE.  Such  address  shall  supersede  any  previous
address on file with the department of state for this purpose.
  S 26. Paragraphs 2 and 3 of subdivision (a), subdivision (c), subpara-
graph (ii) of paragraph 2 and subparagraph (ii) of paragraph 3 of subdi-
vision  (e)  of  section  301-A of the limited liability company law, as
added by chapter 448 of the  laws  of  1998,  are  amended  to  read  as
follows:
  (2)  that  the address of the party has been designated by the limited
liability company as the post office address to which [the secretary  of
state] A PERSON shall mail a copy of any process served on the secretary
of  state  as agent for such limited liability company, SUCH ADDRESS and
that such party wishes to resign.
  (3) that sixty days prior to the filing of the certificate of resigna-
tion FOR RECEIPT OF PROCESS with the department of state the  party  has
sent  a copy of the certificate of resignation for receipt of process by
registered or certified mail to the address of the registered  agent  of
the  [designated]  DESIGNATING  limited liability company, if other than
the party filing the certificate of resignation[,] for receipt of  proc-
ess,  or if the [resigning] DESIGNATING limited liability company has no
registered agent, then to the last address of the [designated] DESIGNAT-
ING limited liability company known to the party, specifying the address
to which the copy was sent. If there is no registered agent and no known
address of the designating limited liability company,  the  party  shall
attach  an  affidavit  to  the  certificate  stating that a diligent but
unsuccessful search was made by the party to locate the limited  liabil-
ity company, specifying what efforts were made.
  (c)  The  filing by the department of state of a certificate of amend-
ment [or], certificate of change OR BIENNIAL STATEMENT providing  for  a
new  address  by a designating limited liability company shall annul the
suspension and its authority to do  business  in  this  state  shall  be
restored and continued as if no suspension had occurred.
  (ii)  sent  by or on behalf of the plaintiff to such limited LIABILITY
company by registered or certified mail with return receipt requested to
the last address of such limited liability company known to  the  plain-
tiff.
  (ii)  Where  service  of  a copy of process was effected by mailing in
accordance with this section, proof of service shall be by affidavit  of
compliance  with  this  section filed, together with the process, within
thirty days after receipt of the return receipt signed  by  the  limited
liability company or other official proof of delivery or of the original
envelope  mailed.  If a copy of the process is mailed in accordance with
this section, there shall be filed  with  the  affidavit  of  compliance
either  the  return  receipt signed by such limited LIABILITY company or
other official proof of delivery, if acceptance was refused by  it,  the

S. 6258--B                         63                         A. 9058--B

original envelope with a notation by the postal authorities that accept-
ance  was  refused.  If  acceptance was refused a copy of the notice and
process together with notice of the mailing by registered  or  certified
mail  and  refusal  to  accept  shall  be  promptly sent to such limited
liability company at the same address by ordinary mail and the affidavit
of compliance shall so state. Service of process shall be  complete  ten
days  after  such  papers  are  filed  with  the clerk of the court. The
refusal to accept delivery of the registered or  certified  mail  or  to
sign the return receipt shall not affect the validity of the service and
such  limited  liability  company  refusing to accept such registered or
certified mail shall be charged with knowledge of the contents thereof.
  S 27. Section 303 of the limited liability company  law,  subdivisions
(a) and (b) as relettered by chapter 341 of the laws of 1999, is amended
to read as follows:
  S 303. Service of process on limited liability companies.  (a) Service
of  process  on  the  secretary  of state as agent of a domestic limited
liability company [or], authorized foreign limited liability company, OR
OTHER BUSINESS ENTITY THAT HAS DESIGNATED  THE  SECRETARY  OF  STATE  AS
AGENT  FOR  SERVICE  OF  PROCESS PURSUANT TO ARTICLE TEN OF THIS CHAPTER
shall be made by personally delivering to and leaving with the secretary
of state or [his or her] A deputy, or with any person authorized by  the
secretary of state to receive such service, at the office of the depart-
ment  of  state in the city of Albany, [duplicate copies] A COPY of such
process together with the statutory fee, which fee shall  be  a  taxable
disbursement.  [Service  of  process  on  such limited liability company
shall be complete when the secretary of state is so served.  The  secre-
tary  of state shall promptly send one of such copies by certified mail,
return receipt requested, to such limited liability company at the  post
office  address  on  file  in the department of state specified for that
purpose.]
  (b) SUCH SERVICE SHALL BE SUFFICIENT IF NOTICE OF SUCH SERVICE ON  THE
SECRETARY OF STATE AND A COPY OF THE PROCESS ARE:
  (1) DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH LIMITED
LIABILITY  COMPANY  BY  A  PERSON  AND IN THE MANNER AUTHORIZED TO SERVE
PROCESS BY LAW OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
  (2) SENT BY OR ON BEHALF OF THE PLAINTIFF TO  SUCH  LIMITED  LIABILITY
COMPANY  BY  CERTIFIED  MAIL  WITH  RETURN RECEIPT REQUESTED AT THE POST
OFFICE ADDRESS SPECIFIED FOR THE PURPOSE OF MAILING PROCESS ON  FILE  IN
THE DEPARTMENT OF STATE.
  (C)  WHERE  SERVICE  OF  A  COPY  OF  PROCESS WAS EFFECTED BY PERSONAL
SERVICE, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH  THIS
SECTION  FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER SUCH
SERVICE WITH THE CLERK OF THE COURT  IN  WHICH  THE  ACTION  OR  SPECIAL
PROCEEDING  IS  PENDING.  SERVICE  OF PROCESS SHALL BE COMPLETE TEN DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
  (D) WHERE SERVICE OF A COPY OF PROCESS  WAS  EFFECTED  BY  MAILING  IN
ACCORDANCE  WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF
COMPLIANCE WITH THIS SECTION FILED, TOGETHER WITH  THE  PROCESS,  WITHIN
THIRTY  DAYS  AFTER  RECEIPT OF THE RETURN RECEIPT SIGNED BY THE LIMITED
LIABILITY COMPANY, OR  OTHER  OFFICIAL  PROOF  OF  DELIVERY  OR  OF  THE
ORIGINAL  ENVELOPE MAILED. IF A COPY OF THE PROCESS IS MAILED IN ACCORD-
ANCE WITH THIS SECTION, THERE SHALL  BE  FILED  WITH  THE  AFFIDAVIT  OF
COMPLIANCE  EITHER  THE  RETURN RECEIPT SIGNED BY SUCH LIMITED LIABILITY
COMPANY OR OTHER PROOF OF DELIVERY OR, IF ACCEPTANCE WAS REFUSED BY  IT,
THE  ORIGINAL  ENVELOPE  WITH  A NOTATION BY THE POSTAL AUTHORITIES THAT
ACCEPTANCE WAS REFUSED. IF ACCEPTANCE WAS REFUSED, A COPY OF THE  NOTICE

S. 6258--B                         64                         A. 9058--B

AND  PROCESS  TOGETHER  WITH NOTICE OF THE MAILING BY CERTIFIED MAIL AND
REFUSAL TO ACCEPT SHALL BE  PROMPTLY  SENT  TO  SUCH  LIMITED  LIABILITY
COMPANY  AT  THE  SAME  ADDRESS  BY  ORDINARY  MAIL AND THE AFFIDAVIT OF
COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS SHALL BE COMPLETE TEN DAYS
AFTER  SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT. THE REFUSAL TO
ACCEPT DELIVERY OF THE CERTIFIED MAIL OR  TO  SIGN  THE  RETURN  RECEIPT
SHALL  NOT AFFECT THE VALIDITY OF THE SERVICE AND SUCH LIMITED LIABILITY
COMPANY REFUSING TO ACCEPT SUCH CERTIFIED MAIL  SHALL  BE  CHARGED  WITH
KNOWLEDGE  OF  THE CONTENTS THEREOF. Nothing in this section shall limit
or affect the right to serve any process required or permitted by law to
be served upon a limited liability company in any other  manner  now  or
hereafter permitted by law or applicable rules of procedure.
  S  28.  Paragraphs  1  and  4 of subdivision (a) of section 802 of the
limited liability company law, paragraph 1 as amended by chapter 643  of
the  laws  of 1995 and paragraph 4 as amended by chapter 470 of the laws
of 1997, are amended to read as follows:
  (1) the name of the  foreign  limited  liability  company  and,  if  a
foreign  LIMITED liability company's name is not acceptable for authori-
zation pursuant to section two hundred four of this chapter, the  ficti-
tious  name  under which it proposes to apply for authority and do busi-
ness in this state, which name shall be in compliance with  section  two
hundred  four  of  this chapter and shall be used by the foreign limited
liability company in all its dealings with the department of  state  and
in  the conduct of its business in this state. The provisions of section
one hundred thirty of the general business law shall not  apply  to  any
fictitious name filed by a foreign limited liability company pursuant to
this  section,  and  a  filing  under  section one hundred thirty of the
general business law shall not constitute the adoption of  a  fictitious
name;
  (4)  a  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address, within  or
without  this  state,  to  which [the secretary of state] A PERSON shall
mail a copy of any process against it  served  upon  [him  or  her]  THE
SECRETARY OF STATE;
  S  29. Section 804-A of the limited liability company law, as added by
chapter 448 of the laws of 1998, is amended to read as follows:
  S 804-A. Certificate of change. (a) A foreign limited liability compa-
ny may amend its application for authority from  time  to  time  to  (i)
specify  or  change  the  location  of  the  limited liability company's
office; (ii) specify or change the post office  address  to  which  [the
secretary  of  state]  A PERSON shall mail a copy of any process against
the limited liability company served upon [him] THE SECRETARY OF  STATE;
and  (iii)  to  make,  revoke  or change the designation of a registered
agent, or to specify or change the address of a  registered  agent.  Any
one  or more such changes may be accomplished by filing a certificate of
change which shall be entitled "Certificate of Change of ........  (name
of limited liability company) under section 804-A of the Limited Liabil-
ity  Company Law" and shall be signed and delivered to the department of
state. It shall set forth:
  (1) the name of the foreign limited liability company and, if applica-
ble, the fictitious name the limited liability company has agreed to use
in this state pursuant to section eight hundred two of this  article  OR
SECTION THIRTEEN HUNDRED SIX OF THIS CHAPTER;
  (2) the date its application for authority was filed by the department
of state; and
  (3) each change effected thereby[,].

S. 6258--B                         65                         A. 9058--B

  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a foreign limited liability company  served  upon  [him]
THE  SECRETARY OF STATE or the address of the registered agent, provided
such address being changed is the address of a person, partnership [or],
corporation  OR OTHER LIMITED LIABILITY COMPANY whose address, as agent,
is the address to be  changed or who has been designated  as  registered
agent  for such limited liability company may be signed and delivered to
the department of state by such agent. The certificate of  change  shall
set forth the statements required under subdivision (a) of this section;
that  a  notice of the proposed change was mailed to the foreign limited
liability company by the party signing the  certificate  not  less  than
thirty days prior to the date of delivery to the department of state and
that  such  foreign  limited liability company has not objected thereto;
and that the party signing the certificate is the agent of such  foreign
limited  liability  company  to whose address [the secretary of state] A
PERSON is required to mail [copies] A COPY  of  process  SERVED  ON  THE
SECRETARY  OF  STATE  or  the  registered  agent, if such be the case. A
certificate signed and delivered under this  subdivision  shall  not  be
deemed  to  effect  a  change  of  location of the office of the foreign
limited liability company in whose behalf such certificate is filed.
  S 30. Paragraph 6 of subdivision (b) of section  806  of  the  limited
liability company law is amended to read as follows:
  (6)  a  post office address within or without this state to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him or her] THE SECRETARY OF STATE.
  S 31. Paragraph 11 of subdivision (a) of section 1003 of  the  limited
liability company law, as amended by chapter 374 of the laws of 1998, is
amended to read as follows:
  (11)  a  designation  of the secretary of state as its agent upon whom
process against it may be served in the  manner  set  forth  in  article
three  of  this  chapter in any action or special proceeding, and a post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process  served  upon  [him  or
her]  THE  SECRETARY  OF STATE. Such post office address shall supersede
any prior address designated as the address to which  process  shall  be
mailed;
  S  32. Subdivisions (b) and (c) of section 1101 of the limited liabil-
ity company law are amended to read as follows:
  (b) For the change of address of the post office address to which [the
secretary of state] A PERSON shall mail a copy of  any  process  against
the  limited liability company served upon [him or her] THE SECRETARY OF
STATE pursuant to section three hundred  one  of  this  chapter,  twenty
dollars.
  (c)  For  the statement of address of the post office address to which
[the secretary of state] A PERSON shall  mail  a  copy  of  any  process
against  the  limited  liability  company  served  upon [him or her] THE
SECRETARY OF STATE pursuant to section three hundred one of  this  chap-
ter, nine dollars.
  S  33. Paragraphs 1, 5 and 6 of subdivision (a) of section 1306 of the
limited liability company law are amended to read as follows:
  (1) the name of the foreign  professional  service  limited  liability
company.  A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE
LIMITED  LIABILITY  COMPANY  NAME  IS  NOT  ACCEPTABLE FOR AUTHORIZATION
PURSUANT TO SECTION TWO HUNDRED FOUR OF THIS CHAPTER, MAY SUBMIT IN  ITS
APPLICATION  FOR  AUTHORITY  A  FICTITIOUS  NAME UNDER WHICH IT SHALL DO

S. 6258--B                         66                         A. 9058--B

BUSINESS IN THIS STATE. A FICTITIOUS NAME  SUBMITTED  PURSUANT  TO  THIS
SECTION  SHALL  BE SUBJECT TO THE PROVISIONS OF SECTION TWO HUNDRED FOUR
OF THIS CHAPTER. A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPA-
NY  AUTHORIZED  TO  DO  BUSINESS  IN  THIS STATE UNDER A FICTITIOUS NAME
PURSUANT TO THIS SECTION SHALL USE SUCH FICTITIOUS NAME IN  ALL  OF  ITS
DEALINGS  WITH THE SECRETARY OF STATE AND IN THE CONDUCT OF ITS BUSINESS
IN THIS STATE. THE PROVISIONS OF  SECTION  ONE  HUNDRED  THIRTY  OF  THE
GENERAL  BUSINESS  LAW SHALL NOT APPLY TO ANY FICTITIOUS NAME FILED BY A
FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY PURSUANT TO  THIS
SECTION  AND  A  FILING  UNDER SECTION ONE HUNDRED THIRTY OF THE GENERAL
BUSINESS LAW SHALL NOT CONSTITUTE THE ADOPTION OF A FICTITIOUS NAME.  If
the  name  does  not  end with the words "Professional Limited Liability
Company" or "Limited Liability Company" or the abbreviation  "P.L.L.C.",
"PLLC",  "L.L.C."  or  "LLC",  it shall in addition to the foregoing set
forth the name to be used in this state, ending with the words  "Profes-
sional  Limited Liability Company" or "Limited Liability Company" or the
abbreviation "P.L.L.C.", "PLLC", "L.L.C." or "LLC";
  (5) the [city, incorporated village or town  and  the]  county  within
this state in which its office is to be located, OR IF IT SHALL MAINTAIN
MORE THAN ONE OFFICE IN THIS STATE, THE COUNTY WITHIN THE STATE IN WHICH
THE PRINCIPAL OFFICE OF THE FOREIGN PROFESSIONAL SERVICE LIMITED LIABIL-
ITY COMPANY IS TO BE LOCATED;
  (6)  a  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address  within  or
without this state to which [the secretary of state] A PERSON shall mail
a  copy of any process against it served upon [him or her] THE SECRETARY
OF STATE; and
  S 33-a. Paragraphs (a) and (c) of section 103  of  the  not-for-profit
corporation  law, paragraph (a) as amended by chapter 807 of the laws of
1973 and paragraph (c) as amended by chapter 961 of the  laws  of  1972,
are amended to read as follows:
  (a)    Except  as  otherwise  provided  in  this section, this chapter
applies to every domestic corporation as herein defined,  and  to  every
foreign  corporation as herein defined which is authorized to conduct or
which conducts any activities in this state.  This chapter also  applies
to  any other domestic corporation or foreign corporation of any type or
kind to the extent, if any, provided  under  this  chapter  or  any  law
governing  such corporation and, if no such provision for application is
made, to the extent,  if  any,  that  the  membership  corporations  law
applied to such corporation as of the effective date of this chapter.  A
corporation formed by a special act of this state which has as its prin-
cipal  purpose an education purpose and which is a member of the univer-
sity of the state of New  York,  is  an  "education  corporation"  under
section two hundred sixteen-a of the education law.
  To  the  extent  that  the  membership corporations law or the general
corporation law applied to it as of the effective date of this  chapter,
the  corresponding  provisions  of  this  chapter apply to a corporation
heretofore formed by or pursuant to a special act of  this  state  other
than  a religious corporation or an "education corporation" under clause
(b) of subdivision one of section two hundred sixteen-a of the education
law, if (1) its principal purpose is a religious, charitable  or  educa-
tion  purpose, and (2) it is operated, supervised or controlled by or in
connection with a religious organization.    Any  such  corporation  may
elect  hereunder at any time after the effective date of this chapter to
file a RESTATED certificate of [type] INCORPORATION under section  [one]
EIGHT  hundred  [thirteen  (Certificate of type of not-for-profit corpo-

S. 6258--B                         67                         A. 9058--B

ration)] FIVE (RESTATED CERTIFICATE OF INCORPORATION).    SUCH  RESTATED
CERTIFICATE OF INCORPORATION SHALL INCLUDE:
  (1)  A  STATEMENT  THAT SUCH CORPORATION IS PERMITTED PURSUANT TO THIS
SECTION TO ELECT TO BECOME AND BE A NOT-FOR-PROFIT CORPORATION;
  (2) A STATEMENT THAT SUCH CORPORATION HAS ELECTED TO BECOME AND  BE  A
NOT-FOR-PROFIT CORPORATION OPERATED UNDER THIS CHAPTER;
  (3)  THE CHAPTER AND YEAR OF THE SPECIAL ACT OF THE LEGISLATURE CREAT-
ING SUCH CORPORATION;
  (4) THE CERTIFICATE OF INCORPORATION IN THE SAME MANNER  AS  IF  NEWLY
INCORPORATED PURSUANT TO SECTION FOUR HUNDRED TWO (CERTIFICATE OF INCOR-
PORATION;  CONTENTS),  HOWEVER  SUCH CERTIFICATE NEED NOT INCLUDE STATE-
MENTS AS TO THE INCORPORATOR OR INCORPORATORS, OR THE INITIAL  DIRECTORS
OF SUCH CORPORATION.
  Upon  the  filing of such certificate by the department of state, this
chapter shall apply in all respects to such corporation.
  This chapter also applies to any other  corporation  of  any  type  or
kind,  formed not for profit under any other chapter of the laws of this
state except a chapter of the consolidated  laws,  to  the  extent  that
provisions  of  this chapter do not conflict with the provisions of such
unconsolidated law.  If an applicable provision of  such  unconsolidated
law  relates to a matter embraced in this chapter but is not in conflict
therewith, both provisions shall apply.  Any corporation to  which  this
chapter  is  made  applicable  by  this  paragraph shall be treated as a
"corporation" or "domestic corporation" as such terms are used  in  this
chapter,  except  that  the  purposes  of any such corporation formed or
formable under such unconsolidated law shall not  thereby  be  extended.
For the purpose of this paragraph, the effective date of this chapter as
to  corporations  to which this chapter is made applicable by this para-
graph shall be September one, nineteen hundred seventy-three.
  (c)  If any provision in articles one to thirteen  inclusive  of  this
chapter  conflicts with a provision of any subsequent articles or of any
special act under which a corporation to which this chapter  applies  is
formed,  the  provision  in  such  subsequent  article  or  special  act
prevails.  A provision of any such subsequent  article  or  special  act
relating  to  a matter referred to in articles one to thirteen inclusive
and not in conflict therewith is  supplemental  and  both  shall  apply.
Whenever  the  board  of  a [Type B] corporation, formed under a special
act, reasonably makes an interpretation as to whether a provision of the
special act or this chapter prevails, or both apply, such interpretation
shall govern unless and until a  court  determines  otherwise,  if  such
board has acted in good faith for a purpose which it reasonably believes
to  be  in the best interests of the corporation, provided however, that
such interpretation shall not bind any governmental body or officer.
  S 34. Subparagraphs 7 and 8 of paragraph (a) of  section  112  of  the
not-for-profit  corporation  law,  subparagraph  7 as amended by chapter
1058 of the laws of 1971, are amended to read as follows:
  (7)   To enforce any right given under  this  chapter  to  members,  a
director  or an officer of a [Type B or Type C] corporation.  The attor-
ney-general shall have the same status  as  such  members,  director  or
officer.
  (8)   To compel the directors and officers, or any of them, of a [Type
B or Type C] corporation which has been dissolved  [under  section  1011
(Dissolution  for  failure to file certificate of type of Not-for-Profit
Corporation Law under section 113)] to account for  the  assets  of  the
dissolved corporation.
  S 35. Section 113 of the not-for-profit corporation law is REPEALED.

S. 6258--B                         68                         A. 9058--B

  S  36.  Section 114 of the not-for-profit corporation law, as added by
chapter 847 of the laws of 1970, is amended to read as follows:
S 114. Visitation of supreme court.
  [Type  B  and  Type C corporations] CORPORATIONS, whether formed under
general or special laws, with their books and vouchers, shall be subject
to the visitation and inspection of a justice of the supreme  court,  or
of any person appointed by the court for that purpose.  If it appears by
the  verified  petition of a member or creditor of any such corporation,
that it, or its directors, officers or agents, have misappropriated  any
of  the  funds or property of the corporation, or diverted them from the
purpose of its incorporation, or that the corporation has acquired prop-
erty in excess of the amount which it is authorized by law to  hold,  or
has engaged in any business other than that stated in its certificate of
incorporation,  the  court may order that notice of at least eight days,
with a copy of the petition,  be  served  on  the  corporation  and  the
persons  charged with misconduct, requiring them to show cause at a time
and place specified, why they should not be required to make and file an
inventory and account of the property, effects and liabilities  of  such
corporation  with  a  detailed  statement of its transactions during the
twelve months next preceding the granting of such order.  On the hearing
of such application, the court may make an order requiring such invento-
ry, account and statement to be filed, and proceed to take and state  an
account  of  the  property  and  liabilities  of the corporation, or may
appoint a referee for that purpose.   When such  account  is  taken  and
stated,  after hearing all the parties to the application, the court may
enter a final order determining the amount of property so  held  by  the
corporation,  its annual income, whether any of the property or funds of
the corporation have been  misappropriated  or  diverted  to  any  other
purpose  than  that  for  which  such  corporation was incorporated, and
whether such corporation has been engaged in any activity not covered by
its certificate of incorporation.  An appeal may be taken from the order
by any party aggrieved to the appellate division of the  supreme  court,
and to the court of appeals, as in a civil action.  No corporation shall
be  required to make and file more than one inventory and account in any
one year, nor to make a second account and inventory, while  proceedings
are pending for the statement of an account under this section.
  S 37. Section 201 of the not-for-profit corporation law, paragraph (b)
as  amended  by  chapter  847  of  the laws of 1970 and paragraph (c) as
amended by chapter 1058 of the laws of  1971,  is  amended  to  read  as
follows:
S 201. Purposes.
  (a)  A corporation, as defined in subparagraph (5)[,] OF paragraph (a)
of [S] SECTION 102 OF THIS CHAPTER (Definitions), may  be  formed  under
this  chapter as provided in paragraph (b) OF THIS SECTION unless it may
be formed under any other corporate law of this state in which event  it
may  not  be  formed  under this chapter unless such other corporate law
expressly so provides.
  (b) A corporation, [of a type  and]  for  a  purpose  or  purposes  as
follows,  may  be  formed under this chapter, provided consents required
under any other statute of this state have been obtained:
  [Type A -] (1) A not-for-profit corporation  [of  this  type]  may  be
formed  for  any  lawful non-business purpose or purposes including, but
not limited to, any one or more of the following non-pecuniary purposes:
civic, patriotic, political, social, fraternal, athletic,  agricultural,
horticultural,  animal  husbandry,  and  for a professional, commercial,
industrial, trade or service association[.

S. 6258--B                         69                         A. 9058--B

  Type B - A not-for-profit corporation of this type may be  formed  for
any  one  or  more of the following non-business purposes:], charitable,
educational,  religious,  scientific,  literary,  cultural  or  for  the
prevention of cruelty to children or animals.
  [Type  C  -]  (2)  A  not-for-profit corporation [of this type] may be
formed for any lawful business purpose to achieve  a  lawful  public  or
quasi-public objective.
  [Type  D  -]  (3)  A  not-for-profit corporation [of this type] may be
formed under this chapter when such formation is authorized by any other
corporate law of this state for any business or non-business, or pecuni-
ary or non-pecuniary, purpose or purposes specified by such other  law[,
whether  such purpose or purposes are also within types A, B, C above or
otherwise.
  (c) If a corporation is formed for purposes which are within both type
A and type B above, it is a type B corporation.   If a  corporation  has
among  its purposes any purpose which is within type C, such corporation
is a type C corporation.   A  type  D  corporation  is  subject  to  all
provisions  of this chapter which are applicable to a type B corporation
under this chapter unless provided to the contrary in,  and  subject  to
the  contrary  provisions of, the other corporate law authorizing forma-
tion under this chapter of the type D corporation].
  S 38. Paragraph (d) of section 304 of the  not-for-profit  corporation
law,  as  amended by chapter 168 of the laws of 1982, is amended to read
as follows:
  (d) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF  STATE  AS
AGENT  OF  A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL BE DEEMED
TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH  A
PERSON  SHALL  MAIL  A COPY OF PROCESS SERVED AGAINST THE CORPORATION AS
REQUIRED BY THIS  ARTICLE.  Any  designated  [post-office]  POST  OFFICE
address to which the secretary of state OR A PERSON shall mail a copy of
process  served upon [him] THE SECRETARY OF STATE as agent of a domestic
corporation formed under article four of this chapter or foreign  corpo-
ration,  shall  continue  until  the  filing of a certificate under this
chapter directing the mailing to a different [post-office]  POST  OFFICE
address.
  S  39.  Paragraph (b) of section 306 of the not-for-profit corporation
law is REPEALED.
  S 40. Paragraphs (c) and (d) of  section  306  of  the  not-for-profit
corporation  law are relettered paragraphs (d) and (e) and two new para-
graphs (b) and (c) are added to read as follows:
  (B) SERVICE OF SUCH PROCESS UPON THE SECRETARY OF STATE AS AGENT OF  A
DOMESTIC  OR  AUTHORIZED  FOREIGN  CORPORATION, OR OTHER BUSINESS ENTITY
THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROC-
ESS PURSUANT  TO  ARTICLE  NINE  OF  THIS  CHAPTER,  SHALL  BE  MADE  BY
PERSONALLY  DELIVERING  TO  AND LEAVING WITH THE SECRETARY OF STATE OR A
DEPUTY, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE
SUCH SERVICE, AT THE OFFICE OF THE DEPARTMENT OF STATE IN  THE  CITY  OF
ALBANY,  A  COPY  OF SUCH PROCESS TOGETHER WITH THE STATUTORY FEE, WHICH
FEE SHALL BE A TAXABLE DISBURSEMENT. SUCH SERVICE SHALL BE SUFFICIENT IF
NOTICE OF SUCH SERVICE ON THE SECRETARY OF STATE AND A COPY OF THE PROC-
ESS ARE:
  (1) DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH  CORPO-
RATION BY A PERSON AND IN A MANNER AUTHORIZED TO SERVE PROCESS BY LAW OF
THE JURISDICTION IN WHICH SERVICE IS MADE; OR

S. 6258--B                         70                         A. 9058--B

  (2)  SENT  BY  OR  ON  BEHALF  OF THE PLAINTIFF TO SUCH CORPORATION BY
CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED AT THE POST OFFICE  ADDRESS
SPECIFIED  FOR  THE PURPOSE OF MAILING PROCESS ON FILE IN THE DEPARTMENT
OF STATE.
  (C)  1.  WHERE  SERVICE  OF A COPY OF PROCESS WAS EFFECTED BY PERSONAL
SERVICE, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH  THIS
SECTION,  FILED TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER SUCH
SERVICE, WITH THE CLERK OF THE COURT IN  WHICH  THE  ACTION  OR  SPECIAL
PROCEEDING  IS  PENDING.  SERVICE  OF PROCESS SHALL BE COMPLETE TEN DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
  2. WHERE SERVICE OF A COPY OF  PROCESS  WAS  EFFECTED  BY  MAILING  IN
ACCORDANCE  WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF
COMPLIANCE WITH THIS SECTION, FILED TOGETHER WITH  THE  PROCESS,  WITHIN
THIRTY  DAYS  AFTER  RECEIPT  OF THE RETURN RECEIPT SIGNED BY THE CORPO-
RATION, OR OTHER OFFICIAL PROOF OF DELIVERY OR OF THE ORIGINAL  ENVELOPE
MAILED.  IF  A  COPY  OF  THE  PROCESS IS MAILED IN ACCORDANCE WITH THIS
SECTION, THERE SHALL BE FILED WITH THE AFFIDAVIT  OF  COMPLIANCE  EITHER
THE RETURN RECEIPT SIGNED BY SUCH CORPORATION OR OTHER OFFICIAL PROOF OF
DELIVERY OR, IF ACCEPTANCE WAS REFUSED BY IT, THE ORIGINAL ENVELOPE WITH
A  NOTATION  BY  THE  POSTAL AUTHORITIES THAT ACCEPTANCE WAS REFUSED. IF
ACCEPTANCE WAS REFUSED, A COPY OF THE NOTICE AND PROCESS  TOGETHER  WITH
NOTICE  OF  THE MAILING BY CERTIFIED MAIL AND REFUSAL TO ACCEPT SHALL BE
PROMPTLY SENT TO SUCH CORPORATION AT THE SAME ADDRESS BY  ORDINARY  MAIL
AND THE AFFIDAVIT OF COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS SHALL
BE  COMPLETE  TEN DAYS AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE
COURT. THE REFUSAL TO ACCEPT DELIVERY OF THE CERTIFIED MAIL OR  TO  SIGN
THE RETURN RECEIPT SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND SUCH
CORPORATION REFUSING TO ACCEPT SUCH CERTIFIED MAIL SHALL BE CHARGED WITH
KNOWLEDGE OF THE CONTENTS THEREOF.
  S  41. Subparagraphs 2, 4 and 6 of paragraph (a) of section 402 of the
not-for-profit corporation law, subparagraph 2 as amended by chapter 847
of the laws of 1970, subparagraph 4 as amended by  chapter  679  of  the
laws  of 1985, and subparagraph 6 as added by chapter 564 of the laws of
1981 and as renumbered by chapter 132 of the laws of 1985,  are  amended
to read as follows:
  (2)  That  the corporation is a corporation as defined in subparagraph
(5) OF PARAGRAPH (a) [(5)] of section 102 (Definitions); the purpose  or
purposes for which it is formed [and the type of corporation it shall be
under section 201 (Purposes)]; and in the case of a [Type C] corporation
FORMED FOR ANY LAWFUL BUSINESS PURPOSE OR PURPOSES, the lawful public or
quasi-public objective which each business purpose will achieve.
  (4)  [In the case of a Type A, Type B, or Type C corporation, the] THE
names and addresses of the initial directors. [In the case of a  Type  D
corporation,  the  names and addresses of the initial directors, if any,
may but need not be set forth.]
  (6) A designation of the secretary of state as  agent  of  the  corpo-
ration  upon  whom  process against it may be served and the post office
address, within or without [this] THE state, to which [the secretary  of
state]  A PERSON shall mail a copy of any process against it served upon
[him] THE SECRETARY OF STATE.
  S 42. Paragraph (d) of section 502 of the  not-for-profit  corporation
law is amended to read as follows:
  (d)  A  member's  capital contribution shall be evidenced by a capital
certificate [which shall be non-transferable, except  that  the  certif-
icate  of  incorporation  of  a  Type A corporation may provide that its
capital certificates, or some of them,  may  be  transferable  to  other

S. 6258--B                         71                         A. 9058--B

members  with  the  consent  of the corporation upon specified terms and
conditions]. A CAPITAL CERTIFICATE SHALL BE NON-TRANSFERABLE  EXCEPT  AS
OTHERWISE  PROVIDED IN THE CERTIFICATE OF INCORPORATION OF A CORPORATION
THAT IS NOT ORGANIZED FOR CHARITABLE PURPOSES.
  S  43.  Subparagraph 1 of paragraph (b) of section 503 of the not-for-
profit corporation law is REPEALED.
  S 44. Subparagraph 1 of paragraph (b) of section 505 of  the  not-for-
profit corporation law is REPEALED.
  S  45.  Subparagraph 3 of paragraph (a) of section 510 of the not-for-
profit corporation law, as amended by chapter 847 of the laws  of  1970,
is amended to read as follows:
  (3)  [If the corporation is, or would be if formed under this chapter,
classified as a  Type  B  or  Type  C  corporation  under  section  201,
(Purposes)  such]  A sale, lease, exchange or other disposition shall in
addition require leave of the supreme court in the judicial district  or
of  the  county  court  of  the  county in which the corporation has its
office or principal place of carrying out the purposes for which it  was
formed.
  S  46.  Paragraph (a) of section 513 of the not-for-profit corporation
law, as amended by chapter 690 of the laws of 1978, is amended  to  read
as follows:
  (a) A corporation [which is, or would be if formed under this chapter,
classified  as a Type B corporation] shall hold full ownership rights in
any assets consisting of funds or other real or personal property of any
kind, that may be given, granted, bequeathed or devised to or  otherwise
vested  in  such  corporation in trust for, or with a direction to apply
the same to, any purpose specified in its certificate of  incorporation,
and  shall  not  be deemed a trustee of an express trust of such assets.
Any other corporation subject to this chapter may similarly hold  assets
so  received,  unless otherwise provided by law or in the certificate of
incorporation.
  S 47. Paragraph (a) of section 601 of the  not-for-profit  corporation
law,  as amended by chapter 1058 of the laws of 1971, is amended to read
as follows:
  (a) A corporation [shall] MAY have one or more classes of members, or,
[in the case of a Type B corporation,] may have no  members[,  in  which
case  any  such  provision  for classes of members or for no members]. A
CORPORATION WHICH HAS ONE OR MORE CLASSES  OF  MEMBERS  shall  [be]  set
forth in the certificate of incorporation or the by-laws SUCH PROVISIONS
FOR  CLASSES  OF MEMBERS.  Corporations, joint-stock associations, unin-
corporated associations and partnerships, as well as  any  other  person
without limitation, may be members.
  S  48.  Subparagraph 7 of paragraph (b) of section 801 of the not-for-
profit corporation law, as amended by chapter 438 of the laws  of  1984,
is amended to read as follows:
  (7)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  49.  Subparagraph 2 of paragraph (c) of section 802 of the not-for-
profit corporation law, as amended by chapter 186 of the laws  of  1983,
is amended to read as follows:
  (2)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  50.  Subparagraphs  3  and 6 of paragraph (a) of section 803 of the
not-for-profit corporation law, paragraphs 3 and 6 as amended by chapter

S. 6258--B                         72                         A. 9058--B

168 of the laws of 1982 and paragraph 6 as renumbered by chapter 145  of
the laws of 1983, are amended to read as follows:
  (3)  That  the corporation is a corporation as defined in subparagraph
(5) OF PARAGRAPH (a) [(5)] of section 102 (Definitions)[;  the  type  of
corporation  it  is  under  section 201 (Purposes); and if the corporate
purposes are enlarged, limited or otherwise changed, the type of  corpo-
ration it shall thereafter be under section 201].
  (6)  A  designation  of  the secretary of state as agent of the corpo-
ration upon whom process against it may be served and  the  post  office
address, within or without this state, to which [the secretary of state]
A  PERSON  shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
  S 51. Paragraph (b) of section 803-A of the not-for-profit corporation
law, as amended by chapter 172 of the laws of 1999, is amended  to  read
as follows:
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against the corporation served upon [him] THE SECRETARY OF STATE
or the address of the registered  agent,  provided  such  address  being
changed  is  the  address  of  a  person, partnership, LIMITED LIABILITY
COMPANY or other corporation whose address, as agent, is the address  to
be  changed  or  who  has  been  designated as registered agent for such
corporation, may be signed and delivered to the department of  state  by
such  agent.  The  certificate  of change shall set forth the statements
required under subparagraphs (1), (2) and (3) of paragraph (a)  of  this
section;  that  a notice of the proposed change was mailed to the corpo-
ration by the party signing the certificate not less  than  thirty  days
prior  to  the  date  of delivery to the department and that such corpo-
ration has not objected thereto; and that the party signing the  certif-
icate  is  the agent of such corporation to whose address [the secretary
of state] A PERSON is required to mail [copies] A COPY  of  any  process
against  the corporation served upon [him] THE SECRETARY OF STATE or the
registered agent, if such be the case. A certificate signed  and  deliv-
ered  under  this  paragraph  shall  not be deemed to effect a change of
location of the office of the corporation in whose behalf  such  certif-
icate is filed.
  S  52.  Subparagraph  (ii) of paragraph (a) of section 804 of the not-
for-profit corporation law, as amended by chapter 139  of  the  laws  of
1993, is amended to read as follows:
  [(ii)]  Every certificate of amendment of a corporation [classified as
type B or type C under section 201 (Purposes)] which seeks to change  or
eliminate a purpose or power enumerated in the corporation's certificate
of  incorporation,  or to add a power or purpose not enumerated therein,
shall have endorsed thereon or annexed thereto the approval of a justice
of the supreme court of the judicial district in which the office of the
corporation is located. Ten days' written notice of the application  for
such approval shall be given to the attorney-general.
  S  53. Clause (E) of subparagraph 2 of paragraph (d) of section 906 of
the not-for-profit corporation law, as amended by chapter  1058  of  the
laws of 1971, is amended to read as follows:
  (E)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served in the manner set  forth  in  paragraph
(b)  of  section  306  (Service  of  process),  in any action or special
proceeding described in [subparagraph] CLAUSE (D) OF  THIS  SUBPARAGRAPH
and  a  post office address, within or without this state, to which [the

S. 6258--B                         73                         A. 9058--B

secretary of state] A PERSON shall mail a copy of the  process  in  such
action or special proceeding SERVED UPON THE SECRETARY OF STATE.
  S  54.  Paragraphs  (a)  and  (c) of section 907 of the not-for-profit
corporation law are amended to read as follows:
  (a) [Where any constituent corporation or the consolidated corporation
is, or would be if formed under this chapter, a  Type  B  or  a  Type  C
corporation under section 201 (Purposes) of this chapter, no] NO certif-
icate  shall  be filed pursuant to section 904 (Certificate of merger or
consolidation; contents) or section  906  (Merger  or  consolidation  of
domestic  and foreign corporations) until an order approving the plan of
merger or consolidation and authorizing the filing  of  the  certificate
has  been  made  by  the  supreme  court, as provided in this section. A
certified copy of such order shall be  annexed  to  the  certificate  of
merger  or  consolidation.  Application for the order may be made in the
judicial district in which the principal  office  of  the  surviving  or
consolidated corporation is to be located, or in which the office of one
of  the  domestic  constituent  corporations is located. The application
shall be made by all the constituent corporations jointly and shall  set
forth  by  affidavit  (1)  the  plan of merger or consolidation, (2) the
approval required by section 903 (Approval of plan) or paragraph (b)  of
section  906  (Merger  or  consolidation  of domestic and foreign corpo-
rations) for each constituent corporation, (3) the objects and  purposes
of  each  such  corporation  to  be promoted by the consolidation, (4) a
statement of all property, and the manner in which it is  held,  and  of
all  liabilities  and  of the amount and sources of the annual income of
each such corporation, (5) whether any votes  against  adoption  of  the
resolution  approving  the  plan of merger or consolidation were cast at
the meeting at which the  resolution  as  adopted  by  each  constituent
corporation,  and (6) facts showing that the consolidation is authorized
by the laws of the jurisdictions under which  each  of  the  constituent
corporations is incorporated.
  (c)  If  the  court  shall  find  that any of the assets of any of the
constituent corporations are held for [a] ANY purpose specified [as Type
B] in paragraph (b) of section 201 or are legally required  to  be  used
for  a  particular  purpose,  but not upon a condition requiring return,
transfer or conveyance by reason of the  merger  or  consolidation,  the
court  may, in its discretion, direct that such assets be transferred or
conveyed to the surviving or consolidated corporation  subject  to  such
purpose  or  use,  or that such assets be transferred or conveyed to the
surviving or consolidated corporation or to one or more  other  domestic
or  foreign corporations or organizations engaged in substantially simi-
lar activities, upon an express  trust  the  terms  of  which  shall  be
approved by the court.
  S 55. Paragraph (a), clause (F) of subparagraph 2 of paragraph (d) and
paragraph  (f)  of section 908 of the not-for-profit corporation law are
amended to read as follows:
  (a) One or more domestic or foreign corporations [which is,  or  would
be  if  formed  under this chapter, a type A or type C corporation under
section 201 (Purposes)] may be merged or consolidated into a domestic or
foreign corporation which is, or would be if formed under  the  laws  of
this  state,  a corporation formed under the business corporation law of
this state if such merger or consolidation is not contrary to the law of
the state of incorporation of any constituent corporation. With  respect
to  such  merger  or  consolidation,  any  reference in paragraph (b) of
section 901 [of this article] (POWER  OF  MERGER  OR  CONSOLIDATION)  or
paragraph (b) of section 901 of the business corporation law to a corpo-

S. 6258--B                         74                         A. 9058--B

ration shall, unless the context otherwise requires, include both domes-
tic and foreign corporations.
  (F)  A  designation of the secretary of state as his OR HER agent upon
whom process against it may be served in the manner set forth  in  para-
graph  (b) of section 306 (Service of process), in any action or special
proceeding described in [subparagraph] CLAUSE (D) OF  THIS  SUBPARAGRAPH
and  a  post  office address, within or without the state, to which [the
secretary of state] A PERSON shall mail a copy of the  process  in  such
action or special proceeding SERVED UPON THE SECRETARY OF STATE.
  (f) [Where any constituent corporation is, or would be if formed under
this  chapter, a Type C corporation under section 201 (Purposes), no] NO
certificate shall be filed pursuant  to  this  section  until  an  order
approving the plan of merger or consolidation and authorizing the filing
of  the  certificate  has been made by the supreme court, as provided in
section 907 (Approval by the supreme court).
  S 56. Paragraphs (b) and (c) and subparagraph 3 of  paragraph  (d)  of
section  1001 of the not-for-profit corporation law, as amended by chap-
ter 434 of the laws of 2006, are amended to read as follows:
  (b) If the corporation [is a Type B, C or D corporation  and]  has  no
assets  to distribute and no liabilities at the time of dissolution, the
plan of dissolution shall include a statement to that effect.
  (c) If the corporation [is a Type B, C or D corporation  and]  has  no
assets  to  distribute,  other  than a reserve not to exceed twenty-five
thousand dollars for  the  purpose  of  paying  ordinary  and  necessary
expenses  of  winding  up  its affairs including attorney and accountant
fees, and liabilities not in excess of ten thousand dollars at the  time
of  adoption  of  the plan of dissolution, the plan of dissolution shall
include a statement to that effect.
  (3) if there are assets received and held by the corporation  [either]
for  a  purpose  specified  [as  Type B] in paragraph (b) of section 201
(Purposes) or which are legally required to be  used  for  a  particular
purpose,  a  statement that the assets owned by the corporation, subject
to any unpaid liabilities of the corporation, shall  be  distributed  as
required  by  any  gift  instrument  or  to a charitable organization or
organizations exempt from taxation pursuant to federal  and  state  laws
and  engaged  in  activities  substantially  similar  to  those  of  the
dissolved corporation.  Each such recipient organization shall be  iden-
tified  and  the  governing instrument and amendments thereto of each of
the proposed recipient organizations shall be annexed to such statement,
along with the financial reports of each recipient organization for  the
last  three  years  and a sworn affidavit from a director and officer of
each recipient organization stating the purposes  of  the  organization,
and that it is currently exempt from federal income taxation.
  S  57.  Section 1002 of the not-for-profit corporation law, as amended
by chapter 434 of the laws of 2006, is amended to read as follows:
S 1002. Authorization of plan.
  (a) Upon adopting a plan of dissolution and  distribution  of  assets,
the  board  shall  submit  it to a vote of the members, if any, and such
plan shall be approved at a meeting of members  by  two-thirds  vote  as
provided  in  paragraph  (c) of section 613 (Vote of members); provided,
however, that if the corporation [is a Type  B,  C  or  D  corporation],
other  than  a  corporation  incorporated pursuant to article 15 (Public
cemetery corporations), [and] has no assets to distribute, other than  a
reserve  not  to  exceed twenty-five thousand dollars for the purpose of
paying ordinary and necessary expenses of winding up its affairs includ-
ing attorney and accountant fees, and liabilities not in excess  of  ten

S. 6258--B                         75                         A. 9058--B

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

S. 6258--B                         76                         A. 9058--B

ney  general  accompanied by copies of such petition, plan and consents.
In such case where approval of a justice of the  supreme  court  is  not
required  [for a Type B, C or D corporation,] a copy of such plan certi-
fied under penalties of perjury shall be filed with the attorney general
within ten days after its authorization.
  S  58.  Subparagraph  1 of paragraph (c) of section 1002-a of the not-
for-profit corporation law, as amended by chapter 434  of  the  laws  of
2006, is amended to read as follows:
  (1)  assets received and held by the corporation [either for a purpose
specified as Type B in paragraph (b) of section 201 (Purposes) or  which
are  legally  required  to  be  used for a particular purpose,] shall be
distributed to one or more domestic or  foreign  corporations  or  other
organizations  engaged  in  activities substantially similar to those of
the dissolved corporation  pursuant  to  the  plan  of  dissolution  and
distribution  or,  if  applicable, as ordered by the court to which such
plan is submitted for approval  under  section  1002  (Authorization  of
plan).  Any  disposition  of assets contained in a will or other instru-
ment, in trust or otherwise, made before or after the dissolution, to or
for the benefit of any corporation so dissolved shall inure  to  or  for
the  benefit of the corporation or organization acquiring such assets of
the dissolved corporation as provided in this section, and so far as  is
necessary  for  that  purpose  the corporation or organization acquiring
such disposition shall be deemed a successor  to  the  dissolved  corpo-
ration  with respect to such assets; provided, however, that such dispo-
sition shall be devoted by the acquiring corporation or organization  to
the purposes intended by the testator, donor or grantor.
  S  59. Subparagraph 4 of paragraph (a) of section 1003 of the not-for-
profit corporation law is REPEALED.
  S 60. Subparagraph 2 of paragraph (b) of section 1003 of the  not-for-
profit  corporation  law, as amended by chapter 434 of the laws of 2006,
is amended to read as follows:
  (2) By the attorney general [in the case of a Type B, C  or  D  corpo-
ration,  or  any  other  corporation  that  holds  assets at the time of
dissolution legally required to be used for a particular purpose].
  S 61. Subparagraph 15 of paragraph (a) of section 1008 of the not-for-
profit corporation law, as amended by chapter 434 of the laws  of  2006,
is amended to read as follows:
  (15) Where assets were received and held by the corporation either for
a  purpose  specified  [as  Type  B]  in  paragraph  (b)  of section 201
(Purposes), or were  legally  required  to  be  used  for  a  particular
purpose,  the  distribution  of  such  assets to one or more domestic or
foreign  corporations  or  other  organizations  engaged  in  activities
substantially  similar  to those of the dissolved corporation, on notice
to the attorney general and to such other persons, and in  such  manner,
as the court may deem proper.
  S  62.  Subparagraph  6  of paragraph (a) and paragraph (h) of section
1012 of the not-for-profit corporation law are REPEALED.
  S 63. Section 1302 of the not-for-profit corporation law,  as  amended
by chapter 847 of the laws of 1970, is amended to read as follows:
S 1302. Application to existing authorized foreign corporations.
  Every  foreign corporation which on the effective date of this chapter
is authorized to conduct activities in this state under a certificate of
authority heretofore issued to  it  by  the  secretary  of  state  shall
continue to have such authority.  Such foreign corporation, its members,
directors,  and  officers  shall  have  the same rights, franchises, and
privileges and shall be subject to the same  limitations,  restrictions,

S. 6258--B                         77                         A. 9058--B

liabilities,  and  penalties  as  a foreign corporation authorized under
this chapter, its members,  directors,  and  officers  respectively.  [A
foreign corporation may by amendment to its certificate of authority set
forth the type of corporation it is under section 201 (Purposes); and in
the absence of such amendment an authorized foreign corporation shall be
a  Type  B corporation.] Reference in this chapter to an application for
authority shall, unless the  context  otherwise  requires,  include  the
statement and designation and any amendment thereof required to be filed
by  the  secretary of state under prior statutes to obtain a certificate
of authority.
  S 64. Intentionally omitted.
  S 65. Subparagraphs 4 and 6 of paragraph (a) of section  1304  of  the
not-for-profit corporation law, subparagraph 4 as amended by chapter 847
of  the laws of 1970 and such subparagraphs as renumbered by chapter 590
of the laws of 1982, are amended to read as follows:
  (4) That the corporation  is  a  foreign  corporation  as  defined  in
subparagraph  [(a)]  (7)  OF PARAGRAPH (A) of section 102 (Definitions);
[the type of corporation it shall be under section  201  (Purposes);]  a
statement  of its purposes to be pursued in this state and of the activ-
ities which it proposes to conduct in this state; a statement that it is
authorized to conduct those activities in the jurisdiction of its incor-
poration; and in the case of a [Type C] corporation THAT WILL PURSUE ANY
LAWFUL BUSINESS PURPOSE OR PURPOSES IN THIS STATE, the lawful public  or
quasi-public objective which each business purpose will achieve.
  (6)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address, within  or
without  this  state,  to  which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
  S 66. Subparagraph 7 of paragraph (a) of section 1308 of the  not-for-
profit  corporation  law,  as  renumbered  by chapter 186 of the laws of
1983, is amended to read as follows:
  (7) To specify or change the post office address to which [the  secre-
tary  of  state]  A  PERSON  shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  S 67. Subparagraph 2 of paragraph (a) and  paragraph  (c)  of  section
1310  of the not-for-profit corporation law, paragraph (c) as amended by
chapter 172 of the laws of 1999, are amended to read as follows:
  (2) To specify or change the post office address to which [the  secre-
tary  of  state]  A  PERSON  shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  (c) A certificate of change of application for authority which changes
only the post office address to which [the secretary of state] A  PERSON
shall  mail  a  copy of any process against an authorized foreign corpo-
ration served upon [him] THE SECRETARY OF STATE  or  which  changes  the
address of its registered agent, provided such address is the address of
a  person,  partnership,  LIMITED LIABILITY COMPANY or other corporation
whose address, as agent, is the address to be changed or  who  has  been
designated  as registered agent for such authorized foreign corporation,
may be signed and delivered to the department of state  by  such  agent.
The  certificate  of change of application for authority shall set forth
the statements required under subparagraphs (1), (2),  (3)  and  (4)  of
paragraph  (b) of this section; that a notice of the proposed change was
mailed by the party signing the certificate to  the  authorized  foreign
corporation  not  less than thirty days prior to the date of delivery to
the department and that such corporation has not objected  thereto;  and

S. 6258--B                         78                         A. 9058--B

that  the  party  signing  the  certificate is the agent of such foreign
corporation to whose address  [the  secretary  of  state]  A  PERSON  is
required  to  mail copies of process SERVED ON THE SECRETARY OF STATE or
the  registered  agent,  if  such  be the case. A certificate signed and
delivered under this paragraph shall not be deemed to effect a change of
location of the office of the corporation in whose behalf  such  certif-
icate is filed.
  S  68. Subparagraph 6 of paragraph (a) and subparagraph 4 of paragraph
(d) of section 1311 of the not-for-profit corporation law are amended to
read as follows:
  (6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  (4) The changed post office address, within or without this state,  to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.
  S  69.  Section 1312 of the not-for-profit corporation law, as amended
by chapter 375 of the laws of 1998, is amended to read as follows:
S 1312. Termination of existence.
  When an authorized foreign corporation is dissolved or  its  authority
or existence is otherwise terminated or cancelled in the jurisdiction of
its  incorporation  or  when  such foreign corporation is merged into or
consolidated with another foreign  corporation,  a  certificate  of  the
secretary of state, or official performing the equivalent function as to
corporate  records, of the jurisdiction of incorporation of such foreign
corporation attesting to the occurrence of any such event or a certified
copy of an order or decree of a court of such jurisdiction directing the
dissolution of such foreign corporation, the termination of  its  exist-
ence  or  the  cancellation  of  its authority shall be delivered to the
department of state.  The filing of the  certificate,  order  or  decree
shall  have  the same effect as the filing of a certificate of surrender
of authority under section 1311 (Surrender of authority).  The secretary
of state shall continue as agent of the foreign  corporation  upon  whom
process  against  it  may be served in the manner set forth in paragraph
(b) of section 306 (Service  of  process),  in  any  action  or  special
proceeding  based  upon  any  liability  or  obligation  incurred by the
foreign corporation within this  state  prior  to  the  filing  of  such
certificate,  order  or  decree and [he] THE PERSON SERVING SUCH PROCESS
shall promptly cause a copy of any such process to be mailed by  [regis-
tered]  CERTIFIED mail, return receipt requested, to such foreign corpo-
ration at the post office address on file in [his]  THE  office  OF  THE
SECRETARY  OF STATE specified for such purpose.  The post office address
may be changed by signing and delivering to the department  of  state  a
certificate  of  change  setting  forth  the  statements  required under
section 1310 (Certificate of change, contents) to effect a change in the
post office address under subparagraph [(a)] (4)  OF  PARAGRAPH  (A)  of
section 1308 (Amendments or changes).
  S 70. Subparagraphs 1, 2 and 3 of paragraph (a) of section 1321 of the
not-for-profit corporation law, as amended by chapter 847 of the laws of
1970, are amended to read as follows:
  [(1)]  The  [corporation  is  a Type A corporation under this chapter;
its] CORPORATION'S  principal  activities  are  conducted  outside  this
state; [the greater part of its property is located outside this state;]
and  (1) less than one third of its members are residents of this state;
or

S. 6258--B                         79                         A. 9058--B

  (2) [The corporation is a Type B corporation under this  chapter;  its
principal  activities are conducted outside this state; the greater part
of its property is located outside this state; and] less  than  ten  per
cent of its annual revenues is derived from solicitation of funds within
this state; or
  (3)  [The  corporation is a Type C corporation under this chapter; its
principal activities are conducted outside this state; the greater  part
of  its  property is located outside this state; and] less than one half
of its revenues for the preceding three fiscal years,  or  such  portion
thereof  as  the  foreign corporation was in existence, was derived from
sources within this state.
  S 71. Paragraph (d) of section 1401 of the not-for-profit  corporation
law is REPEALED.
  S  72. Paragraph (b) of section 1402 of the not-for-profit corporation
law is REPEALED.
  S 73. Paragraph (c) of section 1403 of the not-for-profit  corporation
law is REPEALED.
  S  74. Paragraph (b) of section 1404 of the not-for-profit corporation
law is REPEALED.
  S 75. Paragraph (b) of section 1405 of the not-for-profit  corporation
law is REPEALED.
  S  76. Paragraph (b) of section 1406 of the not-for-profit corporation
law is REPEALED.
  S 77. Paragraph (b) of section 1407 of the not-for-profit  corporation
law is REPEALED.
  S  78. Paragraph (b) of section 1408 of the not-for-profit corporation
law is REPEALED.
  S 79. Paragraph (b) of section 1409 of the not-for-profit  corporation
law is REPEALED.
  S 80.  Paragraph (b) of section 1410 of the not-for-profit corporation
law is REPEALED.
  S  81. Paragraph (b) of section 1411 of the not-for-profit corporation
law is REPEALED.
  S 82. Paragraph (d) of section 1412 of the not-for-profit  corporation
law is REPEALED.
  S  83. Paragraph (c) of section 1505 of the not-for-profit corporation
law is REPEALED.
  S 84. Subdivision  (c) of section 121-104 of the partnership  law,  as
added by chapter 950 of the laws of 1990, is amended to read as follows:
  (c)    ANY  DESIGNATED  POST  OFFICE ADDRESS TO WHICH THE SECRETARY OF
STATE SHALL MAIL A COPY OF ANY PROCESS  SERVED  UPON  THE  SECRETARY  OF
STATE  AS  AGENT  OF  A  DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED
PARTNERSHIP SHALL BE DEEMED TO BE THE POST  OFFICE  ADDRESS,  WITHIN  OR
WITHOUT  THIS  STATE,  TO  WHICH  A  PERSON SHALL MAIL A COPY OF PROCESS
SERVED AGAINST THE LIMITED PARTNERSHIP AS REQUIRED BY THIS ARTICLE.  Any
designated  post  office  address  to  which the secretary of state OR A
PERSON shall mail a copy of process served upon [him] THE  SECRETARY  OF
STATE  as  agent  of  a  domestic limited partnership or foreign limited
partnership shall continue until the filing of a certificate under  this
article directing the mailing to a different post office address.
  S 85. Paragraphs 1, 2 and 3 of subdivision (a) of section 121-104-A of
the  partnership  law,  as added by chapter 448 of the laws of 1998, are
amended to read as follows:
  (1) the name of the limited partnership and the date that  its  [arti-
cles  of organization] CERTIFICATE OF LIMITED PARTNERSHIP or application
for authority was filed by the department of state.

S. 6258--B                         80                         A. 9058--B

  (2) that the address of the party has been designated by  the  limited
partnership as the post office address to which [the secretary of state]
A  PERSON  shall  mail  a copy of any process served on the secretary of
state as agent for such limited partnership, and that such party  wishes
to resign.
  (3) that sixty days prior to the filing of the certificate of resigna-
tion  FOR  RECEIPT OF PROCESS with the department of state the party has
sent a copy of the certificate of resignation for receipt of process  by
registered  or  certified mail to the address of the registered agent of
the [designated] DESIGNATING limited  partnership,  if  other  than  the
party  filing  the certificate of resignation[,] for receipt of process,
or if the [resigning] DESIGNATING limited partnership has no  registered
agent,  then to the last address of the [designated] DESIGNATING limited
partnership, known to the party, specifying the  address  to  which  the
copy  was  sent. If there is no registered agent and no known address of
the designating limited partnership the party shall attach an  affidavit
to  the  certificate stating that a diligent but unsuccessful search was
made by the party to locate the  limited  partnership,  specifying  what
efforts were made.
  S  86.  Subdivision  (a)  of section 121-109 of the partnership law is
REPEALED and a new subdivision (a) is added to read as follows:
  (A) (1) SERVICE OF SUCH PROCESS UPON THE SECRETARY OF STATE  AS  AGENT
OF  A DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP, OR OTHER BUSI-
NESS ENTITY THAT HAS DESIGNATED THE SECRETARY  OF  STATE  AS  AGENT  FOR
SERVICE OF PROCESS PURSUANT TO THIS CHAPTER, SHALL BE MADE BY PERSONALLY
DELIVERING  TO  AND  LEAVING WITH THE SECRETARY OF STATE OR A DEPUTY, OR
WITH A PERSON AUTHORIZED BY THE  SECRETARY  OF  STATE  TO  RECEIVE  SUCH
SERVICE, AT THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF ALBANY,
A  COPY OF SUCH PROCESS TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL
BE A TAXABLE DISBURSEMENT. SUCH SERVICE SHALL BE SUFFICIENT IF NOTICE OF
SUCH SERVICE ON THE SECRETARY OF STATE AND A COPY OF THE PROCESS ARE:
  (I) DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH LIMITED
PARTNERSHIP BY A PERSON AND IN THE MANNER AUTHORIZED TO SERVE PROCESS BY
LAW OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
  (II) SENT BY OR ON BEHALF OF THE PLAINTIFF TO SUCH LIMITED PARTNERSHIP
BY CERTIFIED MAIL WITH RETURN RECEIPT  REQUESTED,  AT  THE  POST  OFFICE
ADDRESS  SPECIFIED  FOR  THE  PURPOSE OF MAILING PROCESS, ON FILE IN THE
DEPARTMENT OF STATE.
  (2) WHERE SERVICE OF A  COPY  OF  PROCESS  WAS  EFFECTED  BY  PERSONAL
SERVICE,  PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
SECTION FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER  SUCH
SERVICE,  WITH  THE  CLERK  OF  THE COURT IN WHICH THE ACTION OR SPECIAL
PROCEEDING IS PENDING. SERVICE OF PROCESS SHALL  BE  COMPLETE  TEN  DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
  (3)  WHERE  SERVICE  OF  A  COPY OF PROCESS WAS EFFECTED BY MAILING IN
ACCORDANCE WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT  OF
COMPLIANCE  WITH  THIS  SECTION FILED, TOGETHER WITH THE PROCESS, WITHIN
THIRTY DAYS AFTER RECEIPT OF THE RETURN RECEIPT SIGNED  BY  THE  LIMITED
PARTNERSHIP,  OR  OTHER  OFFICIAL  PROOF  OF DELIVERY OR OF THE ORIGINAL
ENVELOPE MAILED. IF A COPY OF THE PROCESS IS MAILED IN  ACCORDANCE  WITH
THIS  SECTION,  THERE  SHALL  BE  FILED WITH THE AFFIDAVIT OF COMPLIANCE
EITHER THE RETURN RECEIPT SIGNED BY SUCH LIMITED  PARTNERSHIP  OR  OTHER
OFFICIAL  PROOF  OF  DELIVERY  OR,  IF ACCEPTANCE WAS REFUSED BY IT, THE
ORIGINAL ENVELOPE WITH A NOTATION BY THE POSTAL AUTHORITIES THAT ACCEPT-
ANCE WAS REFUSED. IF ACCEPTANCE WAS REFUSED, A COPY OF  THE  NOTICE  AND
PROCESS  TOGETHER  WITH  NOTICE  OF  THE  MAILING  BY CERTIFIED MAIL AND

S. 6258--B                         81                         A. 9058--B

REFUSAL TO ACCEPT SHALL BE PROMPTLY SENT TO SUCH LIMITED PARTNERSHIP  AT
THE  SAME ADDRESS BY ORDINARY MAIL AND THE AFFIDAVIT OF COMPLIANCE SHALL
SO STATE. SERVICE OF PROCESS SHALL  BE  COMPLETE  TEN  DAYS  AFTER  SUCH
PAPERS  ARE  FILED  WITH  THE  CLERK OF THE COURT. THE REFUSAL TO ACCEPT
DELIVERY OF THE CERTIFIED MAIL OR TO SIGN THE RETURN RECEIPT  SHALL  NOT
AFFECT THE VALIDITY OF THE SERVICE AND SUCH LIMITED PARTNERSHIP REFUSING
TO  ACCEPT  SUCH  CERTIFIED  MAIL SHALL BE CHARGED WITH KNOWLEDGE OF THE
CONTENTS THEREOF.
  S 87. Paragraph 3 of subdivision (a) of section 121-201 of  the  part-
nership  law,  as amended by chapter 264 of the laws of 1991, is amended
to read as follows:
  (3) a designation of the secretary of state as agent  of  the  limited
partnership  upon  whom  process  against  it may be served and the post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process against it served  upon
[him] THE SECRETARY OF STATE;
  S  88.  Paragraph 4 of subdivision (b) of section 121-202 of the part-
nership law, as amended by chapter 576 of the laws of 1994,  is  amended
to read as follows:
  (4)  a  change  in the name of the limited partnership, or a change in
the post office address to which [the secretary of state] A PERSON shall
mail a copy of any process against the  limited  partnership  served  on
[him]  THE SECRETARY OF STATE, or a change in the name or address of the
registered agent, if such change is made other than pursuant to  section
121-104 or 121-105 of this article.
  S  89.  Section  121-202-A of the partnership law, as added by chapter
448 of the laws of 1998, paragraph 2 of subdivision (a)  as  amended  by
chapter 172 of the laws of 1999, is amended to read as follows:
  S 121-202-A. Certificate of change. (a) A certificate of limited part-
nership  may be changed by filing with the department of state a certif-
icate of change entitled "Certificate of Change of ..... (name of limit-
ed  partnership)  under  Section  121-202-A  of  the   Revised   Limited
Partnership  Act" and shall be signed and delivered to the department of
state. A certificate of change may (i) specify or change the location of
the limited partnership's office; (ii) specify or change the post office
address to which [the secretary of state] A PERSON shall mail a copy  of
process  against the limited partnership served upon [him] THE SECRETARY
OF STATE; and (iii) make, revoke or change the designation of  a  regis-
tered  agent,  or  to  specify  or  change the address of its registered
agent. It shall set forth:
  (1) the name of the limited partnership, and if it has  been  changed,
the name under which it was formed;
  (2)  the  date its certificate of limited partnership was filed by the
department of state; and
  (3) each change effected thereby.
  (b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall  mail  a  copy  of  any
process against a limited partnership served upon [him] THE SECRETARY OF
STATE  or  the  address  of  the registered agent, provided such address
being changed is the address of a person, partnership, LIMITED LIABILITY
COMPANY or corporation whose address, as agent, is  the  address  to  be
changed  or who has been designated as registered agent for such limited
partnership shall be signed and delivered to the department of state  by
such  agent.  The  certificate  of change shall set forth the statements
required under subdivision (a) of this section; that  a  notice  of  the
proposed  change  was  mailed to the domestic limited partnership by the

S. 6258--B                         82                         A. 9058--B

party signing the certificate not less than thirty  days  prior  to  the
date  of  delivery  to  the  department  of state and that such domestic
limited partnership has not objected thereto; and that the party signing
the  certificate  is  the  agent  of  such  limited partnership to whose
address [the secretary of state] A PERSON is required to mail [copies] A
COPY of process SERVED ON THE  SECRETARY  OF  STATE  or  the  registered
agent,  if  such  be  the case. A certificate signed and delivered under
this subdivision shall not be deemed to effect a change of  location  of
the  office  of the limited partnership in whose behalf such certificate
is filed.
  S 90. Paragraph 4 of subdivision (a) of section 121-902 of  the  part-
nership  law,  as amended by chapter 172 of the laws of 1999, is amended
to read as follows:
  (4) a designation of the secretary of state as  its  agent  upon  whom
process  against it may be served and the post office address, within or
without this state, to which [the secretary of  state]  A  PERSON  shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE;
  S  91.  Section  121-903-A of the partnership law, as added by chapter
448 of the laws of 1998, is amended to read as follows:
  S 121-903-A. Certificate of change. (a) A foreign limited  partnership
may  change  its application for authority by filing with the department
of state  a  certificate  of  change  entitled  "Certificate  of  Change
of ........ (name of limited partnership) under Section 121-903-A of the
Revised  Limited  Partnership  Act" and shall be signed and delivered to
the department of state. A certificate of  change  may  (i)  change  the
location  of  the  limited  partnership's  office;  (ii) change the post
office address to which [the secretary of state] A PERSON shall  mail  a
copy  of  process  against the limited partnership served upon [him] THE
SECRETARY OF STATE; and (iii) make, revoke or change the designation  of
a  registered  agent,  or to specify or change the address of its regis-
tered agent. It shall set forth:
  (1) the name of the foreign limited partnership  and,  if  applicable,
the fictitious name the foreign limited partnership has agreed to use in
this state pursuant to section 121-902 of this article;
  (2) the date its application for authority was filed by the department
of state; and
  (3) each change effected thereby.
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a foreign limited  partnership  served  upon  [him]  THE
SECRETARY OF STATE or the address of the registered agent, provided such
address  being  changed is the address of a person, partnership, LIMITED
LIABILITY COMPANY or corporation whose address, as agent, is the address
to be changed or who has been designated as registered  agent  for  such
foreign limited partnership shall be signed and delivered to the depart-
ment  of  state by such agent. The certificate of change shall set forth
the statements required under subdivision (a) of this  section;  that  a
notice of the proposed change was mailed to the foreign limited partner-
ship  by  the  party  signing  the certificate not less than thirty days
prior to the date of delivery to the department of state and  that  such
foreign limited partnership has not objected thereto; and that the party
signing the certificate is the agent of such foreign limited partnership
to  whose  address [the secretary of state] A PERSON is required to mail
[copies] A COPY of process SERVED ON  THE  SECRETARY  OF  STATE  or  the
registered  agent,  if such be the case. A certificate signed and deliv-

S. 6258--B                         83                         A. 9058--B

ered under this subdivision shall not be deemed to effect  a  change  of
location  of  the office of the limited partnership in whose behalf such
certificate is filed.
  S  92.  Paragraph 6 of subdivision (b) of section 121-905 of the part-
nership law, as added by chapter 950 of the laws of 1990, is amended  to
read as follows:
  (6) a post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  S  93. Paragraph 7 of subdivision (a) of section 121-1103 of the part-
nership law, as added by chapter 950 of the laws of 1990, is amended  to
read as follows:
  (7)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served in the  manner  set  forth  in  section
121-109  of this article in any action or special proceeding, and a post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process served upon  [him]  THE
SECRETARY  OF STATE.  Such post office address shall supersede any prior
address designated as the address to which process shall be mailed.
  S 94. Subparagraphs 2 and 4 of paragraph (I)  of  subdivision  (a)  of
section  121-1500  of  the  partnership  law, subparagraph 2 as added by
chapter 576 of the laws of 1994 and subparagraph 4 as amended by chapter
643 of the laws of 1995 and such paragraph as  redesignated  by  chapter
767 of the laws of 2005, are amended to read as follows:
  (2)  the  address,  WITHIN  THIS STATE, of the principal office of the
partnership without limited partners;
  (4) a designation of the secretary of state as agent of  the  partner-
ship without limited partners upon whom process against it may be served
and the post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
[or] served [upon it] ON THE SECRETARY OF STATE;
  S 95. Subdivision (j-1) of section 121-1500 of the partnership law, as
added by chapter 448 of the laws of 1998, is amended to read as follows:
  (j-1)  A  certificate  of  change  which  changes only the post office
address to which [the secretary of state] A PERSON shall mail a copy  of
any  process  against  a registered limited liability partnership served
upon [him] THE SECRETARY OF STATE  or  the  address  of  the  registered
agent,  provided  such address being changed is the address of a person,
partnership, LIMITED LIABILITY COMPANY, or corporation whose address, as
agent, is the address to be changed or who has been designated as regis-
tered agent for such registered limited liability partnership  shall  be
signed  and  delivered  to  the  department  of state by such agent. The
certificate of change shall set forth: (i) the name  of  the  registered
limited  liability  partnership  and,  if  it has been changed, the name
under which it was originally filed with the department of  state;  (ii)
the  date  of  filing  of  its initial registration or notice statement;
(iii) each change effected thereby; (iv) that a notice of  the  proposed
change  was  mailed  to  the  limited liability partnership by the party
signing the certificate not less than thirty days prior to the  date  of
delivery  to  the  department  of  state and that such limited liability
partnership has not objected thereto; and (v) that the party signing the
certificate is the agent of such limited liability partnership to  whose
address [the secretary of state] A PERSON is required to mail [copies] A
COPY  of  process  SERVED  ON  THE  SECRETARY OF STATE or the registered
agent, if such be the case. A certificate  signed  and  delivered  under
this  subdivision  shall not be deemed to effect a change of location of

S. 6258--B                         84                         A. 9058--B

the office of the limited liability partnership  in  whose  behalf  such
certificate  is filed. The certificate of change shall be accompanied by
a fee of five dollars.
  S  96.  Subdivision (a) of section 121-1502 of the partnership law, as
amended by chapter 643 of the laws of 1995, paragraph (v) as amended  by
chapter 470 of the laws of 1997, is amended to read as follows:
  (a)  In  order for a foreign limited liability partnership to carry on
or conduct or transact business or activities as a New  York  registered
foreign limited liability partnership in this state, such foreign limit-
ed  liability  partnership  shall  file  with  the department of state a
notice which shall set forth: (i)  the  name  under  which  the  foreign
limited liability partnership intends to carry on or conduct or transact
business  or  activities  in  this state; (ii) the date on which and the
jurisdiction in which it registered as a limited liability  partnership;
(iii)  the  address,  WITHIN  THIS STATE, of the principal office of the
foreign  limited  liability  partnership;   (iv)   the   profession   or
professions  to  be practiced by such foreign limited liability partner-
ship and a statement that it is a foreign limited liability  partnership
eligible  to  file a notice under this chapter; (v) a designation of the
secretary of state as agent of the foreign limited liability partnership
upon whom process against it may be served and the post office  address,
within or without this state, to which [the secretary of state] A PERSON
shall  mail  a  copy of any process against it [or] served upon [it] THE
SECRETARY OF STATE; (vi) if the foreign limited liability partnership is
to have a registered agent, its name and address in  this  state  and  a
statement  that  the  registered agent is to be the agent of the foreign
limited liability partnership  upon  whom  process  against  it  may  be
served;  (vii)  a statement that its registration as a limited liability
partnership is effective in the jurisdiction in which it registered as a
limited liability partnership at the time of the filing of such  notice;
(viii)  a  statement  that  the foreign limited liability partnership is
filing a notice in order to obtain  status  as  a  New  York  registered
foreign  limited  liability partnership; (ix) if the registration of the
foreign limited liability partnership is to be effective on a date later
than the time of filing, the date, not to exceed  sixty  days  from  the
date  of  filing,  of  such  proposed  effectiveness;  and (x) any other
matters the foreign limited liability partnership determines to  include
in  the notice. Such notice shall be accompanied by either (1) a copy of
the last registration or renewal registration (or  similar  filing),  if
any,  filed by the foreign limited liability partnership with the juris-
diction where it registered as a limited liability partnership or (2)  a
certificate, issued by the jurisdiction where it registered as a limited
liability  partnership,  substantially  to  the effect that such foreign
limited liability partnership has filed  a  registration  as  a  limited
liability  partnership which is effective on the date of the certificate
(if such registration, renewal  registration  or  certificate  is  in  a
foreign  language,  a  translation  thereof under oath of the translator
shall be attached thereto). Such notice shall also be accompanied  by  a
fee of two hundred fifty dollars.
  S 97. Subdivision (i-1) of section 121-1502 of the partnership law, as
added  by    chapter  448  of  the  laws  of 1998, is amended to read as
follows:
  (i-1) A certificate of change  which  changes  only  the  post  office
address to which the secretary of state shall mail a copy of any process
against  a  New  York  registered  foreign limited liability partnership
served upon him or the address of the registered  agent,  provided  such

S. 6258--B                         85                         A. 9058--B

address  being  changed is the address of a person, partnership, LIMITED
LIABILITY COMPANY or corporation whose address, as agent, is the address
to be changed or who has been designated as  registered  agent  of  such
registered  foreign  limited  liability  partnership shall be signed and
delivered to the department of state by such agent. The  certificate  of
change  shall set forth: (i) the name of the New York registered foreign
limited liability partnership; (ii) the date of filing  of  its  initial
registration  or  notice  statement; (iii) each change effected thereby;
(iv) that a notice of the proposed change  was  mailed  to  the  limited
liability partnership by the party signing the certificate not less than
thirty days prior to the date of delivery to the department of state and
that  such  limited  liability partnership has not objected thereto; and
(v) that the party signing the certificate is the agent of such  limited
liability partnership to whose address [the secretary of state] A PERSON
is  required  to mail [copies] A COPY of process SERVED ON THE SECRETARY
OF STATE or the registered agent, if such be  the  case.  A  certificate
signed  and  delivered  under  this  subdivision  shall not be deemed to
effect a change of location of the office of the limited liability part-
nership in whose behalf such certificate is filed.  The  certificate  of
change shall be accompanied by a fee of five dollars.
  S  98.  Subdivision  (a) of section 121-1505 of the partnership law is
REPEALED and three new subdivisions (a), (d) and (e) are added  to  read
as follows:
  (A)  (1)  SERVICE  OF  PROCESS ON THE SECRETARY OF STATE AS AGENT OF A
REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED  FOREIGN
LIMITED  LIABILITY  PARTNERSHIP  UNDER  THIS  ARTICLE  SHALL  BE MADE BY
PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF  STATE  OR  A
DEPUTY, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE
SUCH  SERVICE,  AT  THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF
ALBANY, A COPY OF SUCH PROCESS TOGETHER WITH THE  STATUTORY  FEE,  WHICH
FEE SHALL BE A TAXABLE DISBURSEMENT. SUCH SERVICE SHALL BE SUFFICIENT IF
NOTICE OF SUCH SERVICE ON THE SECRETARY OF STATE AND A COPY OF THE PROC-
ESS ARE:
  (I)  DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH REGIS-
TERED LIMITED LIABILITY  PARTNERSHIP  OR  NEW  YORK  REGISTERED  FOREIGN
LIMITED  LIABILITY  PARTNERSHIP BY A PERSON AND IN THE MANNER AUTHORIZED
TO SERVE PROCESS BY LAW OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
  (II) SENT BY OR ON BEHALF OF THE PLAINTIFF TO SUCH REGISTERED  LIMITED
LIABILITY  PARTNERSHIP  OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY
PARTNERSHIP BY CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED, AT THE POST
OFFICE ADDRESS SPECIFIED FOR THE PURPOSE OF MAILING PROCESS, ON FILE  IN
THE DEPARTMENT OF STATE.
  (2)  WHERE  SERVICE  OF  A  COPY  OF  PROCESS WAS EFFECTED BY PERSONAL
SERVICE, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH  THIS
SECTION  FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER SUCH
SERVICE, WITH THE CLERK OF THE COURT IN  WHICH  THE  ACTION  OR  SPECIAL
PROCEEDING  IS  PENDING.  SERVICE  OF PROCESS SHALL BE COMPLETE TEN DAYS
AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
  (3) WHERE SERVICE OF A COPY OF PROCESS  WAS  EFFECTED  BY  MAILING  IN
ACCORDANCE  WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF
COMPLIANCE WITH THIS SECTION FILED, TOGETHER WITH  THE  PROCESS,  WITHIN
THIRTY DAYS AFTER RECEIPT OF THE RETURN RECEIPT SIGNED BY THE REGISTERED
LIMITED  LIABILITY  PARTNERSHIP  OR  NEW YORK REGISTERED FOREIGN LIMITED
LIABILITY PARTNERSHIP, OR OTHER OFFICIAL PROOF OF  DELIVERY  OR  OF  THE
ORIGINAL  ENVELOPE MAILED. IF A COPY OF THE PROCESS IS MAILED IN ACCORD-
ANCE WITH THIS SECTION, THERE SHALL  BE  FILED  WITH  THE  AFFIDAVIT  OF

S. 6258--B                         86                         A. 9058--B

COMPLIANCE  EITHER  THE RETURN RECEIPT SIGNED BY SUCH REGISTERED LIMITED
LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN  LIMITED  LIABILITY
PARTNERSHIP  OR  OTHER  OFFICIAL PROOF OF DELIVERY OR, IF ACCEPTANCE WAS
REFUSED  BY  IT,  THE  ORIGINAL  ENVELOPE  WITH A NOTATION BY THE POSTAL
AUTHORITIES THAT ACCEPTANCE WAS REFUSED. IF ACCEPTANCE  WAS  REFUSED,  A
COPY  OF  THE  NOTICE AND PROCESS TOGETHER WITH NOTICE OF THE MAILING BY
CERTIFIED MAIL AND REFUSAL TO ACCEPT SHALL  BE  PROMPTLY  SENT  TO  SUCH
REGISTERED  LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN
LIMITED LIABILITY PARTNERSHIP AT THE SAME ADDRESS BY ORDINARY  MAIL  AND
THE  AFFIDAVIT OF COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS SHALL BE
COMPLETE TEN DAYS AFTER SUCH PAPERS ARE FILED  WITH  THE  CLERK  OF  THE
COURT.  THE  REFUSAL TO ACCEPT DELIVERY OF THE CERTIFIED MAIL OR TO SIGN
THE RETURN RECEIPT SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND SUCH
REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED  FOREIGN
LIMITED  LIABILITY  PARTNERSHIP  REFUSING  TO ACCEPT SUCH CERTIFIED MAIL
SHALL BE CHARGED WITH KNOWLEDGE OF THE CONTENTS THEREOF.
  (D) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UPON THE SECRETARY OF STATE UNDER THIS CHAPTER, INCLUDING  THE  DATE  OF
SUCH  SERVICE.  IT  SHALL,  UPON  REQUEST  MADE WITHIN TEN YEARS OF SUCH
SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT
OF THE PROCESS BY AN AUTHORIZED PERSON,  THE  DATE  AND  PLACE  OF  SUCH
SERVICE  AND  THE  RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE
SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY  THE  SECRE-
TARY OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE.
  (E) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL  MAIL  A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
AGENT OF A REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  REGIS-
TERED  FOREIGN  LIMITED  LIABILITY PARTNERSHIP SHALL BE DEEMED TO BE THE
POST OFFICE ADDRESS, WITHIN OR WITHOUT THE  STATE,  TO  WHICH  A  PERSON
SHALL  MAIL  A  COPY  OF  PROCESS  SERVED AGAINST THE REGISTERED LIMITED
LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN  LIMITED  LIABILITY
PARTNERSHIP  AS  REQUIRED  BY  THIS  ARTICLE. ANY DESIGNATED POST OFFICE
ADDRESS TO WHICH THE SECRETARY OF STATE OR A PERSON SHALL MAIL A COPY OF
ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A  REGISTERED
LIMITED  LIABILITY  PARTNERSHIP  OR  NEW YORK REGISTERED FOREIGN LIMITED
LIABILITY PARTNERSHIP SHALL CONTINUE UNTIL THE FILING OF  A  CERTIFICATE
UNDER  THIS  CHAPTER  DIRECTING  THE  MAILING TO A DIFFERENT POST OFFICE
ADDRESS.
  S 99. Subdivision (b) of section 121-1506 of the partnership  law,  as
added  by  chapter  448  of  the laws of 1998, paragraph 4 as amended by
chapter 172 of the laws of 1999, is amended to read as follows:
  (b) The party (or the party's legal representative) whose post  OFFICE
address  has  been  supplied  by  a limited liability partnership as its
address for process may resign. A certificate entitled  "Certificate  of
Resignation  for  Receipt  of  Process  under Section 121-1506(b) of the
Partnership Law" shall be signed by such  party  and  delivered  to  the
department of state. It shall set forth:
  (1)  The  name  of the limited liability partnership and the date that
its certificate of registration was filed by the department of state.
  (2) That the address of the party has been designated by  the  limited
liability partnership as the post office address to which [the secretary
of state] A PERSON shall mail a copy of any process served on the secre-
tary  of  state as agent for such limited liability partnership and that
such party wishes to resign.
  (3) That sixty days prior to the filing of the certificate of resigna-
tion with the department of state the party  has  sent  a  copy  of  the

S. 6258--B                         87                         A. 9058--B

certificate  of  resignation  for  receipt  of  process by registered or
certified mail to the address of the registered  agent  of  the  [desig-
nated]  DESIGNATING  limited  liability  partnership,  if other than the
party  filing  the certificate of resignation[,] for receipt of process,
or if the [resigning] DESIGNATING limited liability partnership  has  no
registered agent, then to the last address of the [designated] DESIGNAT-
ING  limited  liability  partnership, known to the party, specifying the
address to which the copy was sent. If there is no registered agent  and
no  known  address  of the designating limited liability partnership the
party shall attach an affidavit to the certificate stating that a  dili-
gent but unsuccessful search was made by the party to locate the limited
liability partnership, specifying what efforts were made.
  (4) That the [designated] DESIGNATING limited liability partnership is
required  to  deliver to the department of state a certificate of amend-
ment providing for the designation by the limited liability  partnership
of a new address and that upon its failure to file such certificate, its
authority to do business in this state shall be suspended.
  S  100.  Paragraph  16  of subdivision 1 of section 103 of the private
housing finance law, as added by chapter 22 of  the  laws  of  1970,  is
amended to read as follows:
  (16)  A  designation  of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and  the  post  office
address, within or without this state, to which [the secretary of state]
A  PERSON  shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
  S 101. Subdivision 2 of section 2-b of the religious corporations  law
is REPEALED.
  S  102. This act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART DD

  Section 1. Subdivision 4 of section 1896  of  the  public  authorities
law,  as  added by chapter 388 of the laws of 2011, is amended and a new
subdivision 5 is added to read as follows:
  4. [(a)] Qualified  energy  efficiency  services  [repaid  through  an
on-bill  recovery mechanism] THAT HAVE BEEN PAID FOR IN WHOLE OR IN PART
WITH THE PROCEEDS OF A LOAN UNDER  THIS  TITLE  shall  be  considered  a
special energy project pursuant to section eighteen hundred fifty-one of
this  article.  [The  New  York  state  energy  research and development
authority shall secure every loan issued for such services that  are  to
be repaid through an on-bill recovery mechanism with a mortgage upon the
real  property that is improved by such services. Such mortgage shall be
recorded pursuant to section two hundred ninety-one-d of the real  prop-
erty law.
  (b)  All  terms and provisions of a green jobs-green New York mortgage
pursuant to this subdivision shall be subject  and  subordinate  to  the
lien  of  any  mortgage or mortgages on such property. When a subsequent
purchaser of the property is granted a mortgage,  the  green  jobs-green
New York mortgage shall be subordinate to the terms of that mortgage.
  (c)  The  mortgagee  shall  not retain any right to enforce payment or
foreclose upon the property.]
  5. (A) FOR EACH LOAN ISSUED FOR QUALIFIED ENERGY  EFFICIENCY  SERVICES
THAT IS TO BE REPAID THROUGH AN ON-BILL RECOVERY MECHANISM, THE NEW YORK
STATE  ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY SHALL RECORD, PURSUANT
TO ARTICLE NINE OF THE REAL PROPERTY LAW, IN THE OFFICE OF THE APPROPRI-

S. 6258--B                         88                         A. 9058--B

ATE RECORDING OFFICER,  A  DECLARATION  WITH  RESPECT  TO  THE  PROPERTY
IMPROVED  BY  SUCH SERVICES OF THE EXISTENCE OF THE LOAN AND STATING THE
TOTAL AMOUNT OF THE LOAN, THE TERM OF THE LOAN, AND  THAT  THE  LOAN  IS
BEING  REPAID  THROUGH  A  CHARGE ON AN ELECTRIC OR GAS METER ASSOCIATED
WITH THE PROPERTY. THE DECLARATION SHALL FURTHER STATE THAT IT IS  BEING
FILED PURSUANT TO THIS SECTION AND, UNLESS FULLY SATISFIED PRIOR TO SALE
OR  TRANSFER  OF  THE  PROPERTY, THE LOAN REPAYMENT UTILITY METER CHARGE
SHALL SURVIVE CHANGES IN OWNERSHIP, TENANCY, OR METER ACCOUNT  RESPONSI-
BILITY  AND,  UNTIL  FULLY SATISFIED, SHALL CONSTITUTE THE OBLIGATION OF
THE PERSON RESPONSIBLE FOR THE METER ACCOUNT. SUCH DECLARATION SHALL NOT
CONSTITUTE A MORTGAGE AND SHALL NOT CREATE ANY SECURITY INTEREST OR LIEN
ON THE PROPERTY. UPON SATISFACTION OF THE LOAN, THE AUTHORITY SHALL FILE
A DECLARATION OF REPAYMENT PURSUANT TO ARTICLE NINE OF THE REAL PROPERTY
LAW.
  (B) THE RECORDING OFFICER SHALL RECORD SUCH DECLARATIONS IN  THE  SAME
BOOK,  PROVIDED UNDER SECTION THREE HUNDRED FIFTEEN OF THE REAL PROPERTY
LAW, IN WHICH SUCH RECORDING OFFICER RECORDS DEEDS.
  S 2. The real property law is amended by adding a new section 291-j to
read as follows:
  S 291-J. RECORDING OF  DECLARATIONS  BY  THE  NEW  YORK  STATE  ENERGY
RESEARCH  AND  DEVELOPMENT  AUTHORITY.  PURSUANT  TO SUBDIVISION FIVE OF
SECTION EIGHTEEN HUNDRED NINETY-SIX OF THE PUBLIC AUTHORITIES  LAW,  THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL RECORD OR
CAUSE  TO  BE RECORDED, IN THE OFFICE OF THE APPROPRIATE RECORDING OFFI-
CER, A DECLARATION EVIDENCING THE EXISTENCE OF A LOAN AS DESCRIBED THER-
EIN AND, UPON SATISFACTION OF SUCH LOAN, SUCH  AUTHORITY  SHALL  FILE  A
DECLARATION  OF  REPAYMENT  AND  FULL SATISFACTION OF THE LOAN REPAYMENT
UTILITY METER CHARGE. THE RECORDING OFFICER SHALL RECORD  SUCH  DECLARA-
TIONS  IN THE SAME BOOK, PROVIDED UNDER SECTION THREE HUNDRED FIFTEEN OF
THE REAL PROPERTY LAW, IN WHICH SUCH RECORDING OFFICER RECORDS DEEDS.
  S 3. This act shall take effect immediately.
  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 DD of this act shall be
as specifically set forth in the last section of such Parts.

2011-S6258C - Details

See Assembly Version of this Bill:: A9058
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2011-S6258C - Summary

2011-S6258C - Bill Text download pdf

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

                                 6258--C

                            I N  S E N A T E

                            January 17, 2012
                               ___________

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

AN ACT to authorize funding for the Consolidated Local Street and  High-
  way  Improvement  Program  (CHIPS)  and  Marchiselli program for state
  fiscal year 2012-2013; to amend chapter  329  of  the  laws  of  1991,
  amending  the  state finance law and other laws relating to the estab-
  lishment of the dedicated highway and bridge trust fund; and to  amend
  chapter  60  of  the laws of 2011, authorizing funding for the Consol-
  idated Local  Street  and  Highway  Improvement  Program  (CHIPS)  and
  Marchiselli program for state fiscal year 2011-2012 and amending chap-
  ter  329 of the laws of 1991, amending the state finance law and other
  laws relating to the establishment of the dedicated highway and bridge
  trust fund, in relation to the effectiveness thereof (Part A);  inten-
  tionally  omitted  (Part  B); intentionally omitted (Part C); to amend
  the vehicle and  traffic  law,  in  relation  to  commercial  driver's
  licenses  and  medical  certifications; and to repeal paragraph (f) of
  subdivision 3 of section 510-a of the vehicle and traffic law,  relat-
  ing  to  commercial  driver's licenses (Part D); intentionally omitted
  (Part E); to amend the vehicle and traffic law in relation  to  estab-
  lishing  an  additional  retention rate for county clerks acting as an
  agent of the department of motor vehicles based upon  internet  trans-
  actions  (Part  F);  to  amend the transportation law, the vehicle and
  traffic law, the general municipal law, the environmental conservation
  law and the executive law, in relation to federal revenue (Part G); to
  amend the environmental conservation law, in  relation  to  the  regu-
  lation  of  various  fish and wildlife licenses, permits and fees; and
  repealing certain provisions of such law relating thereto (Part H); to
  amend the public service law, in relation to eliminating  state  regu-
  lation  of  VoIP service in order to facilitate competition and ensure
  consumers receive the maximum benefit  of  competition  (Part  I);  to
  amend  the  environmental  conservation  law, in relation to hazardous

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

                      [ ] is old law to be omitted.
                                                           LBD12673-05-2

S. 6258--C                          2

  waste program fees and  surcharges  (Part  J);  intentionally  omitted
  (Part  K);  to  amend  the agriculture and markets law, in relation to
  seed testing (Part L); intentionally omitted (Part M);  to  amend  the
  agriculture  and  markets  law, in relation to food processing license
  fees; and to repeal subdivision 4 of section 128-a and  subdivision  3
  of  section  133-a of the agriculture and markets law and section 90-b
  of the state finance law relating to  the  commercial  feed  licensing
  fund  (Part  N);  to  authorize  and  direct the New York state energy
  research and development authority to make a payment  to  the  general
  fund of up to $913,000 (Part O); to authorize the New York state ener-
  gy  research  and  development  authority  to finance a portion of its
  research,  development  and  demonstration  and  policy  and  planning
  programs  from  assessments on gas and electric corporations (Part P);
  intentionally omitted (Part Q); to amend chapter 393 of  the  laws  of
  1994,  amending  the New York state urban development corporation act,
  relating to the powers of the New York state urban development  corpo-
  ration  to  make loans, in relation to the effectiveness thereof (Part
  R); to amend section 16-m of the  New  York  state  urban  development
  corporation   act,   in  relation  to  the  effectiveness  of  certain
  provisions relating to the  empire  state  economic  development  fund
  (Part  S);  intentionally omitted (Part T); to amend the state finance
  law, in relation to the excelsior linked  deposit  act  (Part  U);  to
  authorize  the department of health to finance certain activities with
  revenues generated from an assessment on  cable  television  companies
  (Part  V); intentionally omitted (Part W); intentionally omitted (Part
  X); intentionally omitted (Part Y); intentionally omitted (Part Z); to
  amend the public authorities law, in relation to the recovery of state
  governmental costs from public authorities and public  benefit  corpo-
  rations  (Part  AA);  intentionally  omitted  (Part BB); intentionally
  omitted (Part CC); intentionally  omitted  (Part  DD);  to  amend  the
  transportation  law,  in  relation  to  establishing  regional  branch
  offices of the Department of Transportation in eleven  regions  across
  the state of New York (Part EE); to amend the vehicle and traffic law,
  in  relation  to  establishing  an  optional two-year registration for
  motorcycles (Part FF); to amend the state finance law, in relation  to
  establishing the bridge and road investment and dedicated fund guaran-
  teed  enforcement "BRIDGE" reform act (Part GG); to amend section 9 of
  part AA of chapter 60 of the laws of 2011 amending  the  environmental
  conservation  law relating to saltwater recreational fishing registra-
  tions, in relation to the effectiveness of such provisions (Part  HH);
  to amend the environmental conservation law and the state finance law,
  in relation to requiring retained deposits on unredeemed containers to
  be  deposited  into  the  environmental  protection fund (Part II); to
  amend the environmental conservation law, in relation to  the  use  of
  ultra  low  sulfur  diesel  fuel  and best available technology by the
  state (Part JJ); to amend  the  state  finance  law,  in  relation  to
  requiring release of appropriated funds to specific regional transpor-
  tation  authorities  (Part  KK);  to  amend the transportation law, in
  relation to establishing reporting requirements for the department  of
  transportation's capital projects including projects receiving funding
  pursuant to New York Works as appropriated in the New York State budg-
  et  FY 2012-2013 (Part LL); to amend the executive law, in relation to
  expanding the minority and women-owned business enterprise program  to
  include  veteran-owned  business  enterprise  (Part  MM); to amend the
  economic development law and the public authorities law,  in  relation
  to  establishing the western New York power proceeds allocation board;

S. 6258--C                          3

  and to repeal chapter 436 of the laws  of  2010  amending  the  public
  authorities  law and the economic development law, relating to author-
  izing unallocated expansion or replacement power to be  allocated  for
  western  New  York economic development fund benefits relating thereto
  (Part NN); to amend the environmental conservation law, in relation to
  directing the commissioner of  environmental  conservation  to  create
  gift  cards  for hunting and fishing licenses (Part OO); to direct the
  commissioner  of  the  department  of  environmental  conservation  to
  promulgate  regulations  relating to the harvesting of downed trees on
  certain state lands (Part PP); to amend the racing, pari-mutuel wager-
  ing and breeding law and the state finance law, in relation to the New
  York city off-track betting corporation and establishing the New  York
  city  off-track  betting  corporation  fund;  and  to  repeal  certain
  provisions of the racing, pari-mutuel wagering and breeding law relat-
  ing thereto (Part QQ); to amend the racing, pari-mutuel  wagering  and
  breeding  law,  in  relation  to  authorizing  the  regional off-track
  betting corporations to file for bankruptcy (Part RR);  to  amend  the
  vehicle  and  traffic  law,  in relation to non-divisible load permits
  (Part SS); to amend the executive law, in  relation  to  enacting  the
  "improper  payments  reporting  and reduction act" (Part TT); to amend
  the environmental conservation law, in relation to the use of  reverse
  vending  machines  for  the  redemption  of  beverage  containers, the
  acceptance of returned beverage containers, reports submitted  to  the
  commissioner  of  taxation  and finance relating thereto, licensing of
  redemption centers and penalties relating to litter  and  solid  waste
  violations  (Part UU); to amend the environmental conservation law, in
  relation to sulfur reduction requirements (Part VV); to amend the  tax
  law, in relation to granting sales and compensating use tax exemptions
  for certain tangible personal property and services used in the opera-
  tion  of  recreational  skiing  facilities  (Part  WW); to provide for
  eligibility of certain  electric  generating  facilities  for  partic-
  ipation  in  the  brownfield  cleanup  program;  and providing for the
  repeal of such provisions upon expiration thereof (Part  XX);  and  to
  require  the  power  authority  to conduct an analysis of the economic
  viability of certain electric generating facilities (Part YY)

  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 YY. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.
                                 PART A

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

S. 6258--C                          4

hereby made available, in accordance with subdivision 1 of  section  380
of  the  public  authorities  law as amended, according to the following
schedule.  Payments pursuant to subdivision (a) of this section shall be
made  available  as  moneys become available for such payments. Payments
pursuant to subdivisions (b) and (c)  of  this  section  shall  be  made
available on the fifteenth day of June, September, December and March or
as  soon  thereafter  as  moneys  become available for such payments. No
moneys of the state in the state treasury or any of its funds  shall  be
available for payments pursuant to this section:
                                SCHEDULE
  (a)  Thirty-nine  million seven hundred thousand dollars ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the laws of 1991, as added by section 9 of chapter 330 of  the  laws  of
1991,  as  amended.  The department of transportation shall provide such
information to the municipalities as may be necessary  to  maintain  the
federal  tax  exempt  status  of  any bonds, notes, or other obligations
issued by such municipalities to provide for the  non-federal  share  of
the  cost  of  projects  pursuant  to chapter 330 of the laws of 1991 or
section 80-b of the highway law.
  The program authorized pursuant to section 15 of chapter  329  of  the
laws  of 1991, as added by section 9 of chapter 330 of the laws of 1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year        Amount
                    2012-13                  $39,700,000
  (b)  Three  hundred  four  million  three  hundred  thousand   dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of  eligible  costs  of  local  highway  and bridge projects pursuant to
sections 16 and 16-a of chapter 329 of the laws of  1991,  as  added  by
section  9  of  chapter  330  of  the  laws of 1991, as amended. For the
purposes of computing allocations to municipalities, the amount distrib-
uted pursuant to section 16 of chapter 329 of the laws of 1991 shall  be
deemed  to  be $121,520,000.  The amount distributed pursuant to section
16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be
$182,780,000.   Notwithstanding the provisions of any general or special
law, the amounts deemed distributed in accordance  with  section  16  of
chapter  329  of the laws of 1991 shall be adjusted so that such amounts
will not be less than 83.807 percent of the "funding level"  as  defined
in  subdivision 5 of section 10-c of the highway law for each such muni-
cipality. In order to achieve the objectives of section  16  of  chapter
329  of the laws of 1991, to the extent necessary, the amounts in excess
of 83.807 percent of the funding level to be deemed distributed to  each
municipality  under  this  subdivision shall be reduced in equal propor-
tion.
  (c) Fifty-eight million seven hundred  ninety-seven  thousand  dollars
($58,797,000)  to  municipalities for reimbursement of eligible costs of
local highway and bridge projects pursuant to sections 16  and  16-a  of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the  laws of 1991, as amended. For the purposes of computing allocations
to municipalities, the amount distributed  pursuant  to  section  16  of
chapter  329  of the laws of 1991 shall be deemed to be $23,480,000. The
amount distributed pursuant to section 16-a of chapter 329 of  the  laws
of   1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding  the
provisions of any general or special law, the amounts deemed distributed
in accordance with section 16 of chapter 329 of the laws of  1991  shall

S. 6258--C                          5

be adjusted so that such amounts will not be less than 16.193 percent of
the  "funding  level" as defined in subdivision 5 of section 10-c of the
highway law for each such municipality. In order to achieve  the  objec-
tives  of  section  16 of chapter 329 of the laws of 1991, to the extent
necessary, the amounts in excess of 16.193 percent of the funding  level
to  be  deemed  distributed  to each municipality under this subdivision
shall be reduced in equal proportion. To the extent that  the  total  of
remaining payment allocations calculated herein varies from $58,797,000,
the  payment  amounts  to  each  locality shall be adjusted by a uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991, as amended, shall additionally  make  payments  for  reimbursement
according to the following schedule:
                    State Fiscal Year        Amount
                    2012-13                  $363,097,000
  S 2. Subdivision (f) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as added by section
2  of  part  A  of chapter 60 of the laws of 2011, is amended to read as
follows:
  (f) For purposes of this section and section 10-c of the highway  law,
[for  projects  completed on or before March 31, 2012] local highway and
bridge projects may also include the following work types: (1) microsur-
facing, (2) paver placed surface treatment, (3)  single  course  surface
treatment  involving chip seals and oil and stone, and (4) double course
surface treatment involving chip seals and oil and stone[,  however,  no
reimbursement  shall  be  made  for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface  treatment  involving  chip
seals and oil and stone, and (4) double course surface treatment involv-
ing  chip  seals and oil and stone after March 31, 2012].  Reimbursement
for projects using these treatments may be made  from  the  proceeds  of
bonds,  notes  or other obligations issued by the New York state thruway
authority pursuant to section 380  of  the  public  authorities  law  or
otherwise as determined by the director of the budget.
  S  3.  Subdivision  (f)  of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment  of  the dedicated highway and bridge trust fund, as added
by section 3 of part A of chapter 60 of the laws of 2011, is amended  to
read as follows:
  (f)  For purposes of this section and section 10-c of the highway law,
[for projects completed on or before March 31, 2012] local  highway  and
bridge projects may also include the following work types: (1) microsur-
facing,  (2)  paver  placed surface treatment, (3) single course surface
treatment involving chip seals and oil and stone, and (4) double  course
surface  treatment  involving chip seals and oil and stone[, however, no
reimbursement shall be made for (1)  microsurfacing,  (2)  paver  placed
surface  treatment,  (3)  single course surface treatment involving chip
seals and oil and stone, and (4) double course surface treatment involv-
ing chip seals and oil and stone after March 31, 2012].    Reimbursement
for  projects  using  these  treatments may be made from the proceeds of
bonds, notes or other obligations issued by the New York  state  thruway
authority  pursuant  to  section  380  of  the public authorities law or
otherwise as determined by the director of the budget.
  S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-

S. 6258--C                          6

ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
section  4  of  part  A of chapter 60 of the laws of 2011, is amended to
read as follows:
  (d) Any such service contract (i) shall provide that the obligation of
the  director  of  the budget or the state to fund or to pay the amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provisions in the  event  the
thruway  authority assigns or pledges service contract payments as secu-
rity for its bonds or notes, (ii) shall be deemed executory only to  the
extent  moneys  are available and that no liability shall be incurred by
the state beyond the moneys available for the  purpose,  and  that  such
obligation  is  subject  to annual appropriation by the legislature, and
(iii) shall provide that no funds  shall  be  made  available  from  the
proceeds  of  bonds  or notes issued pursuant to this chapter unless the
commissioner of transportation has certified  to  the  chairman  of  the
thruway  authority  that  such  funds  shall be used exclusively for the
purposes  authorized  by  subdivision  (a)  of  this   section,   and/or
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,
preliminary  engineering, and construction supervision and inspection[,]
where the service life of the project is at least  ten  years,  or  [for
projects  completed  on  or before March 31, 2012] where the project is:
(1) microsurfacing, (2)  paver  placed  surface  treatment,  (3)  single
course  surface treatment involving chip seals and oil and stone and (4)
double course surface treatment involving chip seals and oil and  stone,
and  unless  the director of the budget has certified to the chairman of
the thruway authority that a spending plan has  been  submitted  by  the
commissioner  of transportation and has been approved by the director of
the budget. [No reimbursement shall be made for (1) microsurfacing,  (2)
paver  placed  surface  treatment,  (3)  single course surface treatment
involving chip seals and oil and stone, and (4)  double  course  surface
treatment involving chip seals and oil and stone after March 31, 2012.]
  S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment  of  the  dedicated  highway  and  bridge trust fund, as amended by
section 5 of part A of chapter 60 of the laws of  2011,  is  amended  to
read as follows:
  (b)  Each  county, city, town and village shall certify to the commis-
sioner  of  transportation  that  amounts  to  be  reimbursed  are   for
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,
preliminary  engineering,  and  construction  supervision and inspection
where the service life of the project is at  least  ten  years  or  [for
projects  completed  on  or before March 31, 2012] where the project is:
(1) microsurfacing, (2)  paver  placed  surface  treatment,  (3)  single
course  surface treatment involving chip seals and oil and stone and (4)
double course surface treatment involving chip seals and oil and  stone.
[No reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface  treatment,  (3)  single course surface treatment involving chip
seals and oil and stone, and (4) double course surface treatment involv-
ing chip seals and oil and stone after March  31,  2012.]  Such  certif-
ication  shall include any such information as may be necessary to main-
tain the federal tax exempt status of bonds, notes or other  obligations
issued  by  the New York state thruway authority pursuant to section 380
of the public authorities law. The commissioner of transportation  shall

S. 6258--C                          7

in writing request the municipalities to furnish such information as may
be necessary to comply with this section.
  S  6.  Subdivision  (b)  of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment of the dedicated highway and bridge trust fund, as amended
by  section 6 of part A of chapter 60 of the laws of 2011, is amended to
read as follows:
  (b) Each county, city, town and village shall certify to  the  commis-
sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
construction, reconstruction or improvement of local  highways,  bridges
and/or  highway-railroad  crossings, including right of way acquisition,
preliminary engineering, and  construction  supervision  and  inspection
where  the  service  life  of  the project is at least ten years or [for
projects completed on or before March 31, 2012] where  the  project  is:
(1)  microsurfacing,  (2)  paver  placed  surface  treatment, (3) single
course surface treatment involving chip seals and oil and stone and  (4)
double  course surface treatment involving chip seals and oil and stone.
[No reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface  treatment  involving  chip
seals and oil and stone, and (4) double course surface treatment involv-
ing  chip  seals  and  oil and stone after March 31, 2012.] Such certif-
ication shall include any such information as may be necessary to  main-
tain  the federal tax exempt status of bonds, notes or other obligations
issued by the New York state thruway authority pursuant to  section  380
of the public authorities law. The commissioner shall in writing request
the  municipalities  to  furnish such information as may be necessary to
comply with this section.
  S 7.  Section 7 of part A of chapter 60 of the laws of 2011, authoriz-
ing funding for the Consolidated Local Street  and  Highway  Improvement
Program  (CHIPS) and Marchiselli program for state fiscal year 2011-2012
and amending chapter 329 of the laws of 1991, amending the state finance
law and other laws relating to the establishment of the dedicated  high-
way and bridge trust fund, is amended to read as follows:
  S  7.  This act shall take effect immediately; provided, however, that
sections two, three, four, five and six of this act shall expire and  be
deemed repealed on April 1, [2012] 2013.
  S  8.  This act shall take effect immediately; provided, however, that
the amendments to subdivisions (f) and (b) of section 16 of chapter  329
of  the  laws of 1991 made by sections two and five of this act, respec-
tively, shall not affect the repeal of such subdivisions  and  shall  be
deemed  repealed  therewith;  provided,  further, that the amendments to
subdivisions (f) and (b) of section 16-a of chapter 329 of the  laws  of
1991 made by sections three and six of this act, respectively, shall not
affect  the  repeal  of  such  subdivisions and shall be deemed repealed
therewith; and provided, further, that the amendments to subdivision (d)
of section 11 of chapter 329 of the laws of 1991 made by section four of
this act shall not affect the repeal of such subdivision  and  shall  be
deemed repealed therewith.

                                 PART B
                          Intentionally omitted

                                 PART C
                          Intentionally omitted

S. 6258--C                          8

                                 PART D

  Section  1.  Subdivision  1  of section 502 of the vehicle and traffic
law, as amended by section 2 of part CC of chapter 58  of  the  laws  of
2011, is amended to read as follows:
  1.  Application  for license. Application for a driver's license shall
be made to the commissioner. The fee prescribed by law may be  submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking  of  a  photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In  addition,  the
commissioner  also  shall  require that the applicant provide his or her
social security number and provide space on the application so that  the
applicant  may  register  in  the  New York state organ and tissue donor
registry under section forty-three hundred ten of the public health law.
In addition, an applicant for a commercial  driver's  license  who  will
operate  a commercial motor vehicle in interstate commerce shall certify
that such applicant meets the requirements to operate a commercial motor
vehicle, as set forth in public law 99-570, title XII, and title  49  of
the  code of federal regulations, and all regulations promulgated by the
United States secretary of transportation under the hazardous  materials
transportation  act. In addition, an applicant for a commercial driver's
license shall submit a medical certificate at such intervals as required
by the federal motor carrier safety improvement act  of  1999  and  Part
383.71(h)  of  title  49  of the code of federal regulations relating to
medical certification and in a manner prescribed  by  the  commissioner.
For purposes of this section and sections five hundred three [and], five
hundred  ten-a,  AND FIVE HUNDRED TEN-AA of this title, the [term] TERMS
"medical certificate" AND "MEDICAL  CERTIFICATION"  shall  mean  a  form
substantially in compliance with the form set forth in Part 391.43(h) of
title  49  of the code of federal regulations. Upon a determination that
the holder of a commercial driver's license has made  any  false  state-
ment, with respect to the application for such license, the commissioner
shall revoke such license.
  S  2. Paragraph (b) of subdivision 1 of section 503 of the vehicle and
traffic law, as amended by section 3 of part CC of  chapter  58  of  the
laws of 2011, is amended to read as follows:
  (b)  An  application for a license shall be valid for a period of time
specified by regulation of the commissioner not to exceed five years.  A
learner's  permit  shall be valid from its issuance until the expiration
of the application for a driver's  license  for  which  it  was  issued.
Provided, however, that [if the medical certificate submitted in accord-
ance  with the requirements of the federal motor carrier safety improve-
ment act of 1999 and Part 383.71(h) of title 49 of the code  of  federal
regulations  by  an applicant for a commercial driver's license expires,
any] A learner's permit [that may have been] issued by the  commissioner
in  connection  with  [the]  AN  application  FOR  A COMMERCIAL DRIVER'S
LICENSE shall be [suspended] CANCELLED UPON: (I) THE EXPIRATION  OF  THE
HOLDER'S   MEDICAL   CERTIFICATION  OR  MEDICAL  VARIANCE  DOCUMENTATION
REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS; (II)  THE
HOLDER'S  FAILURE  TO SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL VARI-
ANCE DOCUMENTATION WHEN REQUIRED TO DO SO BY THE COMMISSIONER; OR  (III)
THE  RECEIPT BY THE COMMISSIONER OF INFORMATION FROM THE ISSUING MEDICAL

S. 6258--C                          9

EXAMINER OR THE FEDERAL  MOTOR  CARRIER  SAFETY  ADMINISTRATION  THAT  A
MEDICAL CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN ERROR.
  S  3.  Paragraph  (f) of subdivision 3 of section 510-a of the vehicle
and traffic law is REPEALED.
  S 4. The vehicle and traffic law is amended by adding  a  new  section
510-aa to read as follows:
  S  510-AA.  DOWNGRADE  OF  COMMERCIAL  DRIVER'S LICENSES. A COMMERCIAL
DRIVER'S LICENSE  SHALL  BE  DOWNGRADED  TO  A  NON-COMMERCIAL  DRIVER'S
LICENSE  BY THE COMMISSIONER UPON THE EXPIRATION OF THE HOLDER'S MEDICAL
CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION REQUIRED BY THE  FEDERAL
MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE
49  OF  THE CODE OF FEDERAL REGULATIONS, OR UPON THE HOLDER'S FAILURE TO
SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION WHEN
REQUIRED TO DO SO BY THE COMMISSIONER.  A  COMMERCIAL  DRIVER'S  LICENSE
SHALL  ALSO  BE  DOWNGRADED  TO A NON-COMMERCIAL DRIVER'S LICENSE BY THE
COMMISSIONER UPON RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL  EXAM-
INER  OR  THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT A MEDICAL
CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN  ERROR.  SUCH  DOWNGRADE
SHALL BE TERMINATED, AND THE COMMERCIAL DRIVER'S LICENSE RESTORED, UPON:
(1)  THE  HOLDER'S  SUBMISSION  OF THE REQUIRED VALID MEDICAL EXAMINER'S
CERTIFICATE OR MEDICAL  VARIANCE  DOCUMENTATION;  OR  (2)  THE  HOLDER'S
SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE OPER-
ATION HE OR SHE ENGAGES, OR EXPECTS TO ENGAGE IN, AND THAT THE HOLDER IS
THEREFORE  NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART  383.71(H)
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
  S 5. Section 509 of the vehicle and traffic law is amended by adding a
new subdivision 7-a to read as follows:
  7-A.  NO  PERSON  SHALL  OPERATE  A  COMMERCIAL  MOTOR  VEHICLE UNLESS
MEDICALLY CERTIFIED IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER  SAFETY
IMPROVEMENT  ACT  OF  1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF
FEDERAL REGULATIONS.
  S 6. This act shall take effect immediately; provided,  however,  that
section  five of this act shall take effect on the sixtieth day after it
shall have become a law.

                                 PART E
                          Intentionally Omitted

                                 PART F

  Section 1. Section 205 of the vehicle and traffic law  is  amended  by
adding a new subdivision 3-a to read as follows:
  3-A. IN ADDITION TO THE FEES RETAINED PURSUANT TO SUBDIVISION THREE OF
THIS  SECTION, EACH COUNTY CLERK ACTING AS THE AGENT OF THE COMMISSIONER
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL RETAIN FOUR PERCENT OF
"ENHANCED INTERNET AND ELECTRONIC  PARTNER  REVENUE"  COLLECTED  BY  THE
COMMISSIONER.  FOR  THE PURPOSES OF THIS SUBDIVISION, "ENHANCED INTERNET
AND ELECTRONIC PARTNER REVENUE" SHALL MEAN THE AMOUNT OF GROSS  RECEIPTS
ATTRIBUTABLE  TO ALL TRANSACTIONS CONDUCTED ON THE INTERNET BY RESIDENTS
OF SUCH COUNTY AND BY DESIGNATED PARTNERS OF THE DEPARTMENT ON BEHALF OF
SUCH RESIDENTS FOR THE CURRENT CALENDAR YEAR THAT EXCEEDS THE AMOUNT  OF
SUCH  REVENUE  COLLECTED  BY  THE  COMMISSIONER DURING CALENDAR YEAR TWO
THOUSAND ELEVEN.   THE COMMISSIONER SHALL  CERTIFY  THE  AMOUNTS  TO  BE
RETAINED  BY  EACH  COUNTY CLERK PURSUANT TO THIS SUBDIVISION. PROVIDED,

S. 6258--C                         10

HOWEVER, THAT IF THE AGGREGATE AMOUNT OF FEES RETAINED BY COUNTY  CLERKS
PURSUANT  TO  THIS SUBDIVISION IN CALENDAR YEARS TWO THOUSAND TWELVE AND
TWO THOUSAND THIRTEEN COMBINED EXCEEDS EIGHTY-EIGHT MILLION FIVE HUNDRED
THOUSAND  DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER
SHALL BE REDUCED TO A PERCENTAGE THAT, IF APPLIED TO THE FEES  COLLECTED
DURING  CALENDAR  YEARS  TWO  THOUSAND  TWELVE AND TWO THOUSAND THIRTEEN
COMBINED, WOULD HAVE RESULTED IN AN AGGREGATE RETENTION OF  EIGHTY-EIGHT
MILLION  FIVE HUNDRED THOUSAND DOLLARS OR 2.5 PERCENT OF ENHANCED INTER-
NET AND ELECTRONIC PARTNER REVENUE, WHICHEVER IS HIGHER. IF  THE  AGGRE-
GATE  AMOUNT OF FEES RETAINED BY COUNTY CLERKS PURSUANT TO THIS SUBDIVI-
SION IN CALENDAR YEARS TWO THOUSAND TWELVE  AND  TWO  THOUSAND  THIRTEEN
COMBINED  IS  LESS  THAN  EIGHTY-EIGHT  MILLION  FIVE  HUNDRED  THOUSAND
DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER SHALL  BE
INCREASED  TO A PERCENTAGE THAT, IF APPLIED TO THE FEES COLLECTED DURING
CALENDAR YEARS TWO THOUSAND TWELVE AND TWO THOUSAND  THIRTEEN  COMBINED,
WOULD  HAVE  RESULTED  IN AN AGGREGATE RETENTION OF EIGHTY-EIGHT MILLION
FIVE HUNDRED THOUSAND DOLLARS, OR SIX PERCENT OF ENHANCED  INTERNET  AND
ELECTRONIC PARTNER REVENUE, WHICHEVER IS LESS. ON AND AFTER APRIL FIRST,
TWO  THOUSAND  SIXTEEN,  THE PERCENT OF ENHANCED INTERNET AND ELECTRONIC
PARTNER REVENUE TO BE RETAINED BY COUNTY CLERKS SHALL BE THE AVERAGE  OF
THE  ANNUAL  PERCENTAGES  THAT  WERE  IN EFFECT BETWEEN APRIL FIRST, TWO
THOUSAND TWELVE AND MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
  S 2. This act shall take effect April 1, 2012.

                                 PART G

  Section 1. Subdivision 1 of section 140 of the transportation law,  as
added by chapter 635 of the laws of 1983, is amended to read as follows:
  1. Every [common and contract] FOR HIRE AND PRIVATE carrier of passen-
ger  by  motor  vehicle  INVOLVED IN INTERSTATE, INTRASTATE, OR INTERNA-
TIONAL COMMERCE DOMICILED IN NEW YORK shall  furnish  and  provide  with
respect  thereto  such  service  and  facilities  as  shall  be safe and
adequate. Any such carrier shall give immediate notice  to  the  commis-
sioner  of  every accident to which it shall, in the course of its oper-
ations, have been a party.
  S 2. Subparagraph (ii) of paragraph a of subdivision 2 of section  140
of  the  transportation  law,  as  amended by chapter 602 of the laws of
1985, is amended to read as follows:
  (ii) All MOTOR CARRIERS, EMPLOYEES AND motor vehicles [operated pursu-
ant to or requiring a certificate or permit for  the  transportation  of
passengers  or  property  from the interstate commerce commission or the
commissioner] THAT  TRANSPORT  PROPERTY  OR  PASSENGERS  IN  INTRASTATE,
INTERSTATE, OR INTERNATIONAL COMMERCE.
  S  3. Paragraphs b and c of subdivision 2 of section 140 of the trans-
portation law, paragraph b as amended by chapter 173 of the laws of 1990
and paragraph c as amended by chapter 602  of  the  laws  of  1985,  are
amended to read as follows:
  b.  [In addition to those vehicles operated pursuant to or requiring a
certificate or a permit for the  transportation  of  property  from  the
interstate  commerce  commission  or  the  commissioner  as set forth in
subparagraph (ii) of paragraph a of this subdivision,  the  commissioner
shall have the power to adopt rules and regulations governing the safety
of  operation of other motor vehicles operated for the commercial trans-
portation of property.
  c.] The department shall have the power to examine  vehicles,  facili-
ties  and  records subject to the provisions of this subdivision, at any

S. 6258--C                         11

time and place where they are found, to ascertain whether such rules and
regulations are being obeyed. The rules and regulations of  the  commis-
sioner shall provide for the inspection of all such vehicles, FACILITIES
AND RECORDS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, at such peri-
ods  and  at  such  manner  as  the  commissioner  may direct, and, when
adopted, shall have the full force and effect of law.
  S 3-a. Paragraph d of subdivision 2 of section 140 of the  transporta-
tion  law  is  relettered paragraph c and subparagraph (i) of such para-
graph, as added by chapter 173 of the laws of 1990, is amended  to  read
as follows:
  (i)  No MOTOR CARRIER, EMPLOYEE OR motor vehicle [operated pursuant to
or requiring a certificate or a permit for the transportation of proper-
ty from the interstate commerce commission or the  commissioner  and  no
motor  vehicle  operated  for the commercial transportation of property]
THAT TRANSPORTS PROPERTY OR PASSENGERS  IN  INTRASTATE,  INTERSTATE,  OR
INTERNATIONAL  COMMERCE shall [be operated] OPERATE in this state unless
[it] SUCH MOTOR CARRIER, EMPLOYEE OR MOTOR VEHICLE is in compliance with
the department's safety rules and regulations.
  S 4. Subdivisions 4 and 5 of section 140 of  the  transportation  law,
subdivision  4  as added by chapter 635 of the laws of 1983 and subdivi-
sion 5 as amended by chapter 731 of the laws of  1988,  are  amended  to
read as follows:
  4.  Each  motor  vehicle  engaged  in  the interstate OR INTERNATIONAL
transportation of passengers operated within the state shall be  subject
to  subdivision  three  of this section as to the display of the name of
the operator thereof, and of such certificate of inspection  as  to  the
safety  of  its  appliances,  equipment and mechanical operation, as the
commissioner may, by rules and regulations require. In respect  to  such
motor  vehicle,  the  commissioner  may, in lieu of a certificate of the
commissioner, authorize the  display  of  a  certificate  of  inspection
issued within a period of [six] TWELVE months last preceding, by a regu-
latory  body  of  another  state, or a province of Canada, having safety
standards determined by the commissioner not to be  substantially  lower
than  those prescribed by the commissioner. The rules and regulations to
be adopted under  this  subdivision  shall  insofar  as  practicable  be
uniform  and  the  provisions  of  the vehicle and traffic law so far as
applicable and not in conflict with the provisions of this  subdivision,
shall continue to apply to all such motor vehicles.
  5.  No  motor  vehicle  with  a  seating  capacity of more than eleven
passengers manufactured after December  thirty-first,  nineteen  hundred
seventy-five,  used  in the business of transporting school children for
hire or used for the transportation of  school  children,  owned  and/or
operated by school districts or by any public or private school shall be
operated  within  the  state,  unless each seat, other than the driver's
seat, on such vehicle is equipped with a padded back  at  least  twenty-
eight  inches  in  height  of  a  type and specification approved by the
commissioner. Any person who operates a motor vehicle  in  violation  of
the  requirement  for  such  seat  backs shall be guilty of a violation,
punishable by a fine not exceeding one hundred dollars.  The  provisions
of  this subdivision shall not apply to any bus used for the transporta-
tion of pupils, teachers and  other  persons  acting  in  a  supervisory
capacity to and from school activities and which bus does not receive or
discharge passengers on or along the public highways on regularly sched-
uled routes and which is being operated pursuant to [a permit or certif-
icate  of public convenience and necessity] FOR-HIRE OPERATING AUTHORITY
issued by the commissioner or by the  [interstate  commerce  commission]

S. 6258--C                         12

UNITED STATES DEPARTMENT OF TRANSPORTATION. School buses manufactured or
assembled  prior  to April first, nineteen hundred seventy-seven may not
be used to transport pupils, teachers and  other  persons  acting  in  a
supervisory capacity to and from school activities.
  S  5.  The closing paragraph of section 151 of the transportation law,
as added by chapter 635 of the laws of  1983,  is  amended  to  read  as
follows:
  For the purposes of this article, the term "sedan" or "sedans" as used
herein  shall  include  private  passenger  automobiles  [larger  than a
conventional sedan and commonly known as a  limousine],  but  shall  not
include  [vans  or  buses]  VEHICLES  WITH  A SEATING CAPACITY OF ELEVEN
PERSONS OR MORE INCLUDING THE DRIVER.
  S 6. Section 210 of the transportation law, as amended by chapter  488
of the laws of 1979, is amended to read as follows:
  S 210. Application  of this article. The term "motor truck" as used in
this article shall be deemed to mean and include any motor vehicle  held
and used for the transportation of goods, wares and merchandise for hire
or for a business purpose, [including such motor vehicles commonly known
as  an auto truck or light delivery car] PURSUANT TO THE RULES AND REGU-
LATIONS OF THE COMMISSIONER.  The term "motor bus" as used in this arti-
cle shall be deemed to mean and include any motor vehicle held and  used
for the transportation of passengers for hire OR FOR A BUSINESS PURPOSE,
PURSUANT TO THE RULES AND REGULATIONS OF THE COMMISSIONER.
  S 7.  Section 211 of the transportation law, as amended by chapter 475
of the laws of 1996, is amended to read as follows:
  S  211.  General provisions.   No driver of a motor truck or motor bus
shall drive such vehicle or be on duty for any period of time in  excess
of  that  authorized  pursuant  to  regulation  of the commissioner. The
commissioner is hereby authorized to promulgate  rules  and  regulations
governing  the  hours  of  service  of drivers of motor trucks and motor
buses. Such rules and regulations shall be no less protective of  public
safety than the rules and regulations promulgated by the federal govern-
ment  with  respect  to  hours of labor of operation of motor trucks and
motor buses, provided, however, that with regard  to  drivers  of  motor
buses [operated exclusively in a town or county or] operated by a public
transportation authority operating exclusively within its jurisdictional
area,  the  rules and regulations of the commissioner shall provide that
no driver of such motor buses shall drive more than twelve hours follow-
ing eight consecutive hours off duty and no driver of such  motor  buses
shall  drive  for any period after having been on duty for fifteen hours
following eight consecutive hours off duty  and  every  driver  of  such
motor  buses  shall have at least twenty-four consecutive hours off duty
in every period of seven consecutive days and in no event shall  such  a
driver  be  on  duty  for  more than seventy-five hours in any period of
seven consecutive days.
  S 8. Section 212 of the transportation law, as added by chapter 342 of
the laws of 1974, subdivision a as amended by chapter 843 of the laws of
1980, is amended to read as follows:
  S 212. Records. [a.] Every driver of a motor truck or motor bus  shall
keep  and carry on the vehicle records showing the day and hour when and
the place where he went and was released  from  duty,  whether  in  this
state  or  outside  of  this state. The commissioner shall prescribe the
form of such records and may require such other information to be  shown
thereon  as  he shall deem advisable to insure the proper enforcement of
this article. Such records shall be exhibited to the  commissioner,  his
representatives, or to any peace officer, acting pursuant to his special

S. 6258--C                         13

duties  or  police officer who shall demand to see the same and shall be
held available for further inspection for a period of sixty days  within
the  state  of New York in an office designated by the owner. Failure to
produce  such  records  upon  demand  shall be presumptive evidence of a
violation of this article relating to keeping such records. In any pros-
ecution for the violation of any of the provisions of this article  such
records shall be prima facie evidence of the truth of the contents ther-
eof.
  [b.  The  provisions of this article with reference to the carrying of
records on the vehicle shall not apply to the operation of a  motor  bus
or  motor  buses operated on fixed schedules, but this shall not relieve
any corporation, company, association, joint-stock association, partner-
ship or person engaged in the operation of a motor bus or motor buses on
fixed schedules from the necessity of keeping such  records  and  having
them available in an office within the state of New York.]
  S 9. Section 214 of the transportation law, as added by chapter 342 of
the laws of 1974, subdivision b as amended by chapter 367 of the laws of
1983 and subdivision d as amended by chapter 302 of the laws of 2005, is
amended to read as follows:
  S 214. Exemptions.  [a. The provisions of this article shall not apply
in case of accident or act of God, nor when there  is  delay  which  was
caused  by  the elements, or a cause not known to the driver or owner or
to his or its officers in charge of such operations  at  the  time  that
such  driver  left  the  place  where he last went on duty prior to such
delays.
  b. The requirement in this article that every driver of a motor  truck
or motor bus shall keep and carry on the vehicle records showing the day
and  hour  when,  and the place where he went or was released from duty,
shall not apply to any driver who drives wholly within a radius  of  one
hundred  miles  of  the garage or terminal at which he reports for work,
provided, however, that such records shall  be  kept  at  his  place  of
employment.
  c.] The provisions of this article shall not apply to the operation of
a  motor  truck  or motor bus while being operated exclusively in a city
and/or incorporated village, nor to the operation of a  motor  truck  IN
INTRASTATE  COMMERCE  owned  by  a  farmer and operated by himself or an
employee when used in the  hauling  of  farm,  dairy,  or  horticultural
products  and farm supplies for himself or his farm neighbors to market,
creamery, or place of storage, nor to  the  operation  of  wrecking  and
towing  cars[,  nor  to  the  operation of federal military vehicles, by
members of the army or air national guard, or by federally paid  employ-
ees  of  the army or air national guard] WHEN RESPONDING TO AN EMERGENCY
AT THE REQUEST OF A FEDERAL, STATE, OR  LOCAL  POLICE  OFFICER  TO  MOVE
WRECKED OR DISABLED MOTOR VEHICLES.
  [d.] The provisions of this article shall not apply nor shall hours of
service  accrue to [incidental drivers engaged in the actual restoration
or preservation of electric, water,  telephone,  gas  or  steam  service
during  an emergency. For a corporation providing electric, water, tele-
phone, gas or steam service to avail itself of the exemption provided by
this subdivision such electric, water, telephone, gas  or  steam  corpo-
ration  shall  have  filed  with the department a plan setting forth the
procedures such corporation shall follow in emergencies to  assure  that
no  incidental  driver shall drive if such driver has not had sufficient
rest necessary to maintain his or  her  ability  to  safely  drive.  The
exemption  provided by this subdivision shall not apply to an incidental
driver unless such incidental driver is engaged in the  actual  restora-

S. 6258--C                         14

tion or preservation of electric, water, telephone, gas or steam service
during an emergency or such incidental driver shall have had a period of
rest consisting of at least eight consecutive hours off duty immediately
upon the conclusion of such incidental driver's engagement in the actual
restoration  or preservation of electric, water, telephone, gas or steam
service during the emergency. If an  emergency  extends  for  more  than
twenty-four  hours,  the electric, water, telephone, gas or steam corpo-
ration availing itself of the terms of this subdivision shall notify the
department, in writing, that an emergency exists and the expected  dura-
tion of the emergency. For the purposes of this subdivision, the follow-
ing terms shall have the following meanings:
  (1)  "Emergency"  is hereby declared to be any unplanned power outage,
interruption of service or the imminent risk of such  outage  or  inter-
ruption  of  service to electric, water, telephone, gas or steam service
or to transmission or distribution lines, pipes or other related facili-
ties or any circumstance under which the public safety is at risk;
  (2) "Incidental driver" means an employee, contractor or  contractor's
employee  of  an  electric,  water,  telephone, gas or steam corporation
whose primary employment by, or contractual agreement with, such  corpo-
ration  is  not as a driver of a motor vehicle but who drives only as an
incidental part of his or her employment or contractual agreement; and
  (3) "Interruption of service" shall mean a loss of service for a peri-
od of time defined in regulation by the department of public service for
electric service (as set forth in paragraph (a) of section 97.1 of title
sixteen of the official compilation of codes, rules and  regulations  of
the state of New York) and shall, for purposes of this section, apply to
electric, water, telephone, natural gas and steam service] A DRIVER OF A
UTILITY  SERVICE  VEHICLE. FOR PURPOSES OF THIS ARTICLE, UTILITY SERVICE
VEHICLE MEANS ANY MOTOR TRUCK:
  (A) USED IN THE FURTHERANCE OF REPAIRING,  MAINTAINING,  OR  OPERATING
ANY STRUCTURES OR ANY OTHER PHYSICAL FACILITIES NECESSARY FOR THE DELIV-
ERY  OF  PUBLIC  UTILITY SERVICES, INCLUDING THE FURNISHING OF ELECTRIC,
GAS OR STEAM SERVICE, WATER, SANITARY SEWER, TELEPHONE,  AND  TELEVISION
CABLE OR COMMUNITY ANTENNA SERVICE;
  (B)  WHILE ENGAGED IN ANY ACTIVITY NECESSARILY RELATED TO THE ULTIMATE
DELIVERY OF SUCH PUBLIC UTILITY SERVICES TO CONSUMERS, INCLUDING  TRAVEL
OR  MOVEMENT  TO, FROM, UPON, OR BETWEEN ACTIVITY SITES (INCLUDING OCCA-
SIONAL TRAVEL OR MOVEMENT OUTSIDE THE SERVICE AREA NECESSITATED  BY  ANY
UTILITY EMERGENCY AS DETERMINED BY THE UTILITY PROVIDER); AND
  (C) EXCEPT FOR ANY OCCASIONAL EMERGENCY USE, OPERATED PRIMARILY WITHIN
THE SERVICE AREA OF A UTILITY'S SUBSCRIBERS OR CONSUMERS, WITHOUT REGARD
TO WHETHER THE VEHICLE IS OWNED, LEASED, OR RENTED BY THE UTILITY.
  S  10. Paragraph (a) of subdivision 1 of section 14-f of the transpor-
tation law, as added by chapter 963 of the laws of 1981, subparagraphs 7
and 8 as amended and subparagraphs 9, 10 and 11 as added by chapter  186
of  the  laws  of  1987,  subparagraph  9  as amended by chapter 180 and
subparagraph 12 as amended by chapter 190 of the laws of  1989  and  the
second  undesignated  paragraph as amended by chapter 402 of the laws of
1993, is amended to read as follows:
  (a) Have the power to make rules and regulations governing transporta-
tion of hazardous materials, which shall mean a substance or material in
a quantity and form which may pose an unreasonable risk  to  health  and
safety or property when transported in commerce, by all modes AS DEFINED
BY  THE  RULES  AND REGULATIONS OF THE DEPARTMENT. [For purposes of this
section, the term "hazardous materials" shall include the following:

S. 6258--C                         15

  (1) "Irritating material" which shall mean a liquid or solid substance
which upon contact with fire or when exposed to air gives off  dangerous
or  intensely  irritating fumes such as benzylcyande, chloracetophenone,
diphenylaminechlorarsine, and diphenyl chlorarsine,  but  not  including
any poisonous material, Class A;
  (2)  "Poison  A"  which shall mean those poisonous gases or liquids of
such nature that a small amount of the  gas,  liquid  or  vapor  of  the
liquid,  when  in  contact  with  air is dangerous to life.   This class
includes  the  following:  bromacetone,  cyanogen,   cyanogen   chloride
containing  less than 0.9 percent water, diphosgene, ethyldichlorarsine,
hydrocyanic acid, methyldichlorarsine,  nitrogen  peroxide  (tetroxide),
phosgene  (diphosgene),  nitrogen  tetroxide  -  nitric  oxide  mixtures
containing up to 33.2 percent weight nitric oxide;
  (3) "Poison B" which shall mean  those  substances,  liquid  or  solid
(including  pastes and semi-solids), other than Class A poisons or irri-
tating materials, which are known to be so toxic as to be  a  hazard  to
health;
  (4) "Corrosive materials" which shall mean those acids, alkaline caus-
tic  liquids and other corrosive liquids or solids which when in contact
with living tissue, will cause severe damage of such tissue by  chemical
action;  or  in  the  case of leakage, will materially damage or destroy
other freight by chemical action; or are liable to cause  fire  when  in
contact with organic matter or with certain chemicals that cause visible
destruction  or irreversible alteration in human skin tissue at the site
of contact;
  (5) "Oxidizing materials" which shall mean those substances such as  a
chlorate, permanganate, peroxide, or a nitrate, that yields oxygen read-
ily to stimulate the combustion of organic matter;
  (6) "Flammable solids" which shall mean any solid material, other than
one  designated  an explosive, as further defined in this section, which
under conditions incident to transportation, cause fires  through  fric-
tion,  through  absorption  of  moisture,  through  spontaneous chemical
changes, or as a result of retained heat from the manufacturing or proc-
essing.   Included in  this  class  are  spontaneously  combustible  and
water-reactive materials;
  (7) "Flammable liquids" which shall mean any liquid, except any liquid
meeting the definition of subparagraph nine, ten or eleven of this para-
graph,  which  gives  off  flammable  vapors  below a temperature of one
hundred degrees Fahrenheit;
  (8) "Radioactive materials" which shall mean irradiated nuclear  reac-
tor  fuel  and  the  waste by-products of reprocessed irradiated nuclear
reactor fuel and any other material or  combination  of  materials  that
spontaneously  emits ionizing radiation which the commissioner of trans-
portation determines by  regulation  to  present  significant  potential
threat to public health and safety;
  (9)  "Liquefied  compressed  gas"  which  shall  mean  a gas liquefied
through compression and under charged pressure is partially liquid at  a
temperature of seventy degrees Fahrenheit;
  (9)  "Regulated  medical  waste" which shall be defined as provided in
subdivision one of section 27-1501  of  the  environmental  conservation
law.
  (10)  "Cryogenic liquid" which shall mean a refrigerated liquefied gas
having a boiling point colder than  minus  one  hundred  thirty  degrees
Fahrenheit (minus ninety degrees centigrade) at one atmosphere absolute;
  (11)  "Flammable  compressed  gas"  which  shall  mean any material or
mixture having in the container an  absolute  pressure  exceeding  forty

S. 6258--C                         16

p.s.i.  at seventy degrees Fahrenheit, or, regardless of the pressure at
seventy degrees Fahrenheit, having an absolute  pressure  exceeding  one
hundred  four  p.s.i.  at  one hundred thirty degrees Fahrenheit, or any
liquid flammable material having a vapor pressure exceeding forty p.s.i.
absolute  at  one  hundred degrees Fahrenheit as determined by ASTM test
D-323, if any one of the following occurs:
  (i) either a mixture of thirteen percent or less, (by volume) with air
forms a flammable mixture or the flammable range with air is wider  than
twelve  percent  regardless  of  the  lower limit. These limits shall be
determined at atmospheric temperature and pressure;
  (ii) using the bureau of explosives, association of American railroads
flame projection apparatus, the flame projects more than eighteen inches
beyond the ignition source with valve open fully, or, the flame  flashes
back and burns at the valve with any degree of valve opening;
  (iii)  using  the  bureau of explosives, association of American rail-
roads open drum apparatus, there is any significant propagation of flame
away from the ignition source;
  (iv) using the bureau of explosives, association of American railroads
close drum apparatus, there is any explosion of the vapor-air mixture in
the drum; and
  (12) Other identical or similar substances which shall  from  time  to
time  be  identified  by the commissioner of transportation by rules and
regulations promulgated pursuant to  this  section  as  being  hazardous
materials,  provided,  however, that this section shall not apply to the
regular military or naval forces of the United States; nor to  the  duly
authorized  militia of any state or territory thereof; nor to the police
or fire departments of this state, or of its  counties,  cities,  towns,
villages,  agencies  or instrumentalities, providing the same are acting
within their official capacity and in the performance of their duties.
  Such rules and regulations shall be no less protective of public safe-
ty than the rules and regulations promulgated by the federal  government
with  respect  to  the  transportation of hazardous materials. The regu-
lations shall set forth the criteria for identifying and listing, and  a
list of hazardous materials subject to this section as may be amended by
the  commissioner  of  transportation  from  time  to  time  in a manner
consistent with the state administrative procedure  act  and  consistent
with  this  section.  Such  regulations shall include specifications for
marking and placarding of vehicles transporting hazardous  materials  as
will  be  applied pursuant to paragraph (a) of subdivision three of this
section. The regulations promulgated hereunder shall include notice that
a violation of the rules and regulations is subject to a fine or a peri-
od of imprisonment, and the rules and regulations shall  set  forth  the
penalty  provisions  contained  in  subdivision  four  of  this section.
Provided, however, that all local laws or ordinances,  except  those  of
cities having a population of one million or more, regulating the trans-
portation of flammable liquids in trucks, trailers or semi-trailers, are
hereby  superseded  and without force and hereafter no such local law or
ordinance shall be adopted to regulate or control the equipment or means
of transporting flammable liquids in trucks, trailers or semi-trailers.
  For the purposes of this section, a "vehicle" shall mean every  device
in which property may be transported upon a highway, stationary rails or
tracks, or on the navigable waterways of the state.]
  S  11.  Subdivision  3  of  section 14-g of the transportation law, as
amended by chapter 921 of the laws  of  1983,  is  amended  to  read  as
follows:

S. 6258--C                         17

  3. For the purposes of this section, the term "intercity bus passenger
service"  shall  mean transportation provided to the public on a regular
and continuing basis by a person, firm,  or  corporation  authorized  to
transport  passengers in interstate commerce by the [interstate commerce
commission]  UNITED STATES DEPARTMENT OF TRANSPORTATION or in intrastate
commerce by the state department of  transportation  that  is  primarily
intended  to  satisfy  longer distance travel demand between cities, and
villages and unincorporated urban places that have a population  of  two
thousand  five hundred or more. Such term does not include services that
are primarily local or commuter oriented in nature.
  S 12. Subdivisions 1-a, 1-b and 2 of section 18 of the  transportation
law,  as amended by chapter 199 of the laws of 1987, are amended to read
as follows:
  1-a. The department of transportation is hereby designated  the  offi-
cial  state agency to receive all notifications from the [federal inter-
state commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or
any other federal or state agency in regard to discontinuance of service
or railroad property abandonment proceedings, including notification  of
applications from railroad companies for any such purposes.
  1-b. The department of transportation shall promptly inform in writing
all  interested  state  agencies,  transportation authorities, and every
county, city, town and village in which such property is located and the
appropriate entity designated by the governor pursuant to  title  IV  of
the  federal  intergovernmental  cooperation  act  of  nineteen  hundred
sixty-eight and the federal office of  management  and  budget  circular
A-98 of (a) the issuance of any certificate from the [federal interstate
commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or other
federal  or  state agency authorizing discontinuance of railroad service
or abandonment of railroad  transportation  property,  (b)  approval  of
discontinuance  of service or a determination of abandonment of railroad
transportation property pursuant to this section, and (c) the receipt of
an application to release a preferential acquisition right  to  railroad
transportation property pursuant to this section.
  2.  For  the  purposes of this section, property shall be deemed to be
abandoned for railroad transportation purposes (a) when, where  required
by law, a certificate of abandonment of the railroad line situate there-
on has been issued by the [interstate commerce commission] UNITED STATES
DEPARTMENT  OF  TRANSPORTATION  and/or any other federal or state agency
having jurisdiction thereof; or (b) when such a certificate of  abandon-
ment is not so required and the use of such property for railroad trans-
portation  purposes has been discontinued with the intent not to resume.
Intent not to resume may be inferred from circumstances. Non-use of  the
property  for railroad transportation purposes for two consecutive years
shall create a presumption of abandonment.   When use of  such  property
for  railroad  transportation  purposes  has  been discontinued and upon
request of the property owner or his own motion, the commissioner  shall
undertake  an investigation thereof, which may include consultation with
the [interstate commerce commission] UNITED STATES DEPARTMENT OF  TRANS-
PORTATION, and shall render a determination as to whether or not (a) the
property  owner  has  definite  plans  for  the use of such property for
purposes ordinarily associated with the safe and normal operation  of  a
railroad  or  associated  transportation  purposes;  (b)  such  property
continues to be suitable for such railroad transportation purposes;  and
(c)  such  property is necessary, either presently or in the future, for
such railroad transportation purposes.  Such property shall be deemed to
be abandoned for railroad transportation purposes  if  the  commissioner

S. 6258--C                         18

shall  determine  that  (a) the property owner has no definite plans for
the use of such property for purposes  ordinarily  associated  with  the
safe  and  normal  operation  of a railroad or associated transportation
purposes;  or  (b) such property is no longer suitable for such railroad
transportation purposes; and (c) such property is not necessary,  either
presently  or  in the future, for such railroad transportation purposes.
The commissioner shall render  such  determination  within  ninety  days
after  the  commencement  of  such  investigation and such determination
shall be conclusive except that if the property is determined not to  be
so  abandoned such determination shall not preclude the undertaking of a
subsequent investigation concerning the same property.  Sales  of  aban-
doned  railroad  transportation  property  for continued or resumed rail
transportation use may be exempted at the commissioner's discretion from
the preferential right of acquisition. This section shall not  apply  to
the  subsequent  resale  of  property  lawfully  acquired subject to the
provisions of this section as then applicable, except  when  the  subse-
quent  sale  involves  property previously exempted from this section by
the commissioner.
  S 13. Section 98 of the transportation law, as added by chapter 267 of
the laws of 1970, is amended to read as follows:
  S 98. Tariff schedules; publication. Every common carrier  shall  file
with the commissioner and shall print and keep open to public inspection
schedules showing the rates, fares and charges for the transportation of
passengers  and  property  within  the state between each point upon its
route and all other points thereon; and  between  each  point  upon  its
route  and all points upon every route leased, operated or controlled by
it; and between each point on its route or upon any route leased,  oper-
ated  or  controlled  by  it  and all points upon the route of any other
common carrier, whenever a through route and joint rate shall have  been
established  or  ordered  between  any two such points. If no joint rate
over a through route has been established, the several carriers in  such
through  route  shall file, print and keep open to public inspection, as
aforesaid, the separately established rates, fares and  charges  applied
to  the through transportation. The schedules printed as aforesaid shall
plainly state the places between which property and passengers  will  be
carried,  and  shall  also  contain  the classification of passengers or
property in force, and shall also state separately all terminal charges,
storage charges, icing charges, and all other charges which the  commis-
sioner may require to be stated, all privileges or facilities granted or
allowed,  and  any  rules  or  regulations  which may in anywise change,
affect or determine any part, or the aggregate of, such aforesaid rates,
fares and charges, or the value of the service rendered to  the  passen-
ger,  shipper  or  consignee. Such schedules shall be plainly printed in
large type, and a copy thereof shall be kept by every such carrier read-
ily accessible to and for convenient inspection by the public  in  every
station  or  office  of  such  carrier  where passengers or property are
respectively received for transportation, when such station or office is
in charge of an agent, and in every station or office  of  such  carrier
where  passenger tickets for transportation or tickets covering sleeping
or parlor car or other train accommodation are sold or bills  of  lading
or  receipts  for property are issued. All or any of such schedules kept
as  aforesaid  shall  be  immediately  produced  by  such  carrier   for
inspection  upon the demand of any person. A notice printed in bold type
and stating that such schedules are on file with the agent and  open  to
inspection  by any person and that the agent will assist any such person
to determine from such schedules any transportation rates  or  fares  or

S. 6258--C                         19

rules  or  regulations  which  are  in force shall be kept posted by the
carrier in two public and conspicuous places in every  such  station  or
office.  The  form  of  every  such  schedule shall be prescribed by the
commissioner and shall conform in the case of railroad company as nearly
as  may  be to the form of schedule required by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION under the act  of
congress  entitled  "An  act  to  regulate  commerce," approved February
fourth, eighteen hundred and eighty-seven and the acts amendatory there-
of and supplementary thereto. The commissioner shall  have  power,  from
time  to  time,  in  his discretion, to determine and prescribe by order
such changes in the form of such schedules as may  be  found  expedient,
and to modify the requirements of this section in respect to publishing,
posting  and  filing  of  schedules either in particular instances or by
general order applicable to special or peculiar circumstances or  condi-
tions.
  S  14.  Section 126 of the transportation law, as added by chapter 267
of the laws of 1970, is amended to read as follows:
  S 126. Uniform system of accounts; access  to  accounts;  forfeitures.
The commissioner may, whenever he deems advisable, establish a system of
accounts  to  be used by common carriers which are subject to his super-
vision, or may classify the said carriers  and  prescribe  a  system  of
accounts  for  each  class,  and  may prescribe the manner in which such
accounts shall be kept. He may also  in  his  discretion  prescribe  the
forms  of  accounts,  records and memoranda to be kept by such carriers,
including the accounts, records and memoranda of the movement of traffic
as well as the receipts and expenditures of  moneys.  Notice  of  alter-
ations  by  the commissioner in the required method or form of keeping a
system of accounts shall be given to such persons  or  carriers  by  the
commissioner at least six months before the same are to take effect. The
system  of  accounts  established  by  the commissioner and the forms of
accounts, records and memoranda prescribed  by  him  as  provided  above
shall  conform  in the case of railroad companies as nearly as may be to
those from time to time established and prescribed  by  the  [interstate
commerce  commission]  UNITED  STATES DEPARTMENT OF TRANSPORTATION under
the provisions of the act of  congress  entitled  "An  act  to  regulate
commerce"  approved  February fourth, eighteen hundred eighty-seven, and
the acts amendatory thereof or supplementary thereto.  The  commissioner
shall  at  all  times have access to all accounts, records and memoranda
kept by common carriers and may designate any officers or  employees  of
the department who shall thereupon have authority under the order of the
commissioner  to  inspect  and examine any and all accounts, records and
memoranda kept by such carriers. The commissioner  may,  after  hearing,
prescribe by order the accounts in which particular outlays and receipts
shall be entered, charged or credited. At any such hearing the burden of
proof shall be on the common carrier to establish the correctness of the
accounts  in  which such outlays and receipts have been entered, and the
commissioner may suspend a charge or credit pending submission of  proof
by  such  carrier.    Where the commissioner has prescribed the forms of
accounts, records and memoranda to be kept by such carriers it shall  be
unlawful  for them to keep any other accounts, records or memoranda than
those so prescribed, or those prescribed by or under  authority  of  the
United States.
  S  15.  Section 134 of the transportation law, as added by chapter 267
of the laws of 1970, is amended to read as follows:
  S 134. Duties of commissioner as to interstate  traffic.  The  commis-
sioner  may  investigate interstate freight or passenger rates or inter-

S. 6258--C                         20

state freight or passenger service on railroads within  the  state,  and
when  such  rates  are, in the opinion of the commissioner, excessive or
discriminatory or are levied or laid in violation of the act of congress
entitled  "An act to regulate commerce," approved February fourth, eigh-
teen hundred and eighty-seven,  and  the  acts  amendatory  thereof  and
supplementary  thereto, or in conflict with the rulings, orders or regu-
lations of the [interstate commerce commission] UNITED STATES DEPARTMENT
OF TRANSPORTATION, the commissioner may apply by petition to the [inter-
state commerce commission] UNITED STATES  DEPARTMENT  OF  TRANSPORTATION
for relief or may present to the [interstate commerce commission] UNITED
STATES  DEPARTMENT  OF TRANSPORTATION all facts coming to his knowledge,
as to violations of the rulings, orders, or regulations of that  commis-
sion  or  as  to violations of the said act to regulate commerce or acts
amendatory thereof or supplementary thereto.
  S 16. The opening paragraph of section 432 of the transportation  law,
as  amended by chapter 385 of the laws of 1994 and as further amended by
section 1 of part W of chapter 56 of the laws of  2010,  is  amended  to
read as follows:
  The  level  of  railroad  participation  in the program for the period
nineteen hundred eighty-seven through nineteen hundred ninety-one  shall
depend on the estimated tax abatement as computed by the commissioner of
taxation  and finance pursuant to either subdivision (c) of section four
hundred eighty-nine-j or subdivision (c) of section four hundred  eight-
y-nine-hh  of  the real property tax law. The nature of railroad partic-
ipation in the program, as set forth below, shall be based on the  rail-
road's economic or exemption factor under title two-A and title two-B of
article  four of the real property tax law, as applicable, and the rail-
road's size classification as determined  by  the  [interstate  commerce
commission]  UNITED  STATES DEPARTMENT OF TRANSPORTATION, based on rail-
road system gross revenues. Regardless of the  level  of  their  partic-
ipation,  all  railroads shall annually certify to the commissioner that
to the best of their knowledge and belief such railroads are in substan-
tial compliance with the terms and conditions of any contracts they  may
have with the department.
  S  17.  The  opening paragraph of subdivision 1 of section 1690 of the
vehicle and traffic law, as amended by chapter 420 of the laws of  2001,
is amended to read as follows:
  Notwithstanding any other provision of law, where the trial of a traf-
fic  or  parking infraction is authorized or required to be tried before
the Nassau county district court, and such traffic and  parking  infrac-
tion does not constitute a misdemeanor, felony, violation of subdivision
one  of  section  eleven hundred ninety-two, subdivision five of section
eleven hundred ninety-two,  section  three  hundred  ninety-seven-a,  or
subdivision  (g)  of section eleven hundred eighty of this chapter, or a
violation of paragraph (b) of subdivision four of section fourteen-f  or
clause  (b)  of subparagraph (iii) of paragraph [d] C of subdivision two
of section one hundred forty of the transportation law, or  any  offense
that  is  part of the same criminal transaction, as that term is defined
in subdivision two of section 40.10 of the criminal  procedure  law,  as
such  a  misdemeanor,  felony,  violation  of subdivision one of section
eleven hundred ninety-two, subdivision two  of  section  eleven  hundred
ninety-two,  section  three hundred ninety-seven-a or subdivision (g) of
section eleven hundred eighty of this chapter, or a violation  of  para-
graph  (b)  of  subdivision  four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph d of  subdivision  two  of  section  one
hundred forty of the transportation law, the administrative judge of the

S. 6258--C                         21

county  in which the trial court is located, may assign judicial hearing
officers to conduct such a trial. Such judicial hearing  officers  shall
be  village  court justices or retired judges either of which shall have
at  least two years of experience conducting trials of traffic and park-
ing violations cases and shall be  admitted  to  practice  law  in  this
state. Where such assignment is made, the judicial hearing officer shall
entertain the case in the same manner as a court and shall:
  S  18.  Subdivision  2 of section 371 of the general municipal law, as
amended by chapter 19 of the  laws  of  2009,  is  amended  to  read  as
follows:
  2.  The Nassau county traffic and parking violations agency, as estab-
lished, may be authorized to assist the Nassau county district court  in
the disposition and administration of infractions of traffic and parking
laws,  ordinances, rules and regulations and the liability of owners for
violations of subdivision (d) of section eleven hundred  eleven  of  the
vehicle  and  traffic  law  in  accordance  with  section eleven hundred
eleven-b of such law, except that such agency shall not  have  jurisdic-
tion  over  (a)  the traffic infraction defined under subdivision one of
section eleven hundred ninety-two of the vehicle and  traffic  law;  (b)
the  traffic infraction defined under subdivision five of section eleven
hundred ninety-two of the vehicle and traffic  law;  (c)  the  violation
defined under paragraph (b) of subdivision four of section fourteen-f of
the  transportation  law  and  the violation defined under clause (b) of
subparagraph (iii) of paragraph [d] C of subdivision two of section  one
hundred  forty  of  the  transportation  law; (d) the traffic infraction
defined under section three hundred ninety-seven-a of  the  vehicle  and
traffic  law and the traffic infraction defined under subdivision (g) of
section eleven hundred eighty of the vehicle and traffic  law;  (e)  any
misdemeanor or felony; or (f) any offense that is part of the same crim-
inal  transaction, as that term is defined in subdivision two of section
40.10 of the criminal procedure law, as a violation of  subdivision  one
of  section  eleven hundred ninety-two of the vehicle and traffic law, a
violation of subdivision five of section eleven  hundred  ninety-two  of
the vehicle and traffic law, a violation of paragraph (b) of subdivision
four  of  section  fourteen-f  of the transportation law, a violation of
clause (b) of subparagraph (iii) of paragraph d of  subdivision  two  of
section  one  hundred  forty  of  the transportation law, a violation of
section three hundred ninety-seven-a of the vehicle and traffic  law,  a
violation  of  subdivision  (g)  of section eleven hundred eighty of the
vehicle and traffic law or any misdemeanor or felony.
  S 19. Subdivision 1 of section 27-1321 of the environmental  conserva-
tion  law,  as  added  by chapter 915 of the laws of 1983, is amended to
read as follows:
  1. Notwithstanding any other provision of law  to  the  contrary,  any
person  who  is,  by professional training or experience and attainment,
qualified to analyze and interpret matters pertaining to the  treatment,
storage,  disposal,  or  transport  of  hazardous materials or hazardous
wastes, and who voluntarily and without expectation of monetary  compen-
sation  provides  assistance  or  advice in mitigating the effects of an
accidental or threatened discharge of any hazardous materials or hazard-
ous wastes, or in preventing, cleaning up,  or  disposing  of  any  such
discharge,  shall  not be subject to a penalty or to civil liability for
damages or injuries alleged to have been  sustained  by  any  person  or
entity  by reason of an act or omission in the giving of such assistance
or advice. For the purposes of this section, the term "hazardous materi-
als" shall have the same meaning [given] AS that  term  [in  subdivision

S. 6258--C                         22

one  of]  IS  DEFINED  IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
TRANSPORTATION PURSUANT TO section fourteen-f of the transportation law,
and the term "hazardous wastes" shall mean those  wastes  identified  or
listed  pursuant  to  section  27-0903 of this article and any rules and
regulations promulgated thereunder.
  S 20. Subdivision 1 of section 156-a of the executive law, as  amended
by  section  1 of part D of chapter 1 of the laws of 2004, is amended to
read as follows:
  1. The state fire administrator shall[,  in  his  or  her  discretion,
consult  with the fire fighting and code enforcement personnel standards
and education commission established pursuant  to  section  one  hundred
fifty-nine-a  of  this  article,  to]  establish a specialized hazardous
materials emergency response training program for individuals  responsi-
ble  for  providing  emergency  response  recovery  following  incidents
involving hazardous materials as SUCH TERM  IS  defined  in  [accordance
with]  REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER OF TRANSPORTATION
PURSUANT TO section fourteen-f of the transportation law. The state fire
administrator shall inform all fire  companies,  municipal  corporations
and  districts, including agencies and departments thereof and all fire-
fighters, both paid and volunteer, and related  officers  and  employees
and  police  officers  of  the  implementation  and  availability of the
hazardous materials  emergency  response  training  program  and  shall,
subject  to  the availability of an appropriation, conduct such training
with sufficient frequency  to  assure  adequate  response  to  incidents
involving  hazardous  materials  and  protection  of  responders  in all
geographic areas of the state.
  S 21. This act shall take effect immediately; provided,  however  that
the  amendments to subdivision 2 of section 371 of the general municipal
law, made by section eighteen of this act shall not affect  the  expira-
tion of such section and shall be deemed to expire therewith.

                                 PART H

  Section  1.  Subdivisions  1  and 2 of section 11-0515 of the environ-
mental conservation law, as amended by chapter 528 of the laws of  1986,
are amended to read as follows:
  1.  The  department may issue to any person a license revocable at its
pleasure to collect or possess fish, wildlife, shellfish, crustacea,  OR
aquatic  insects,  birds' nests or eggs for propagation, banding, scien-
tific or exhibition purposes.  The  department  in  its  discretion  may
require  an  applicant  to  pay a license fee of ten dollars, [to submit
written testimonials from two well-known persons] and to file a bond  of
two hundred dollars to be approved by the department that he OR SHE will
not  violate  any  provisions  of this article. Each licensee shall file
with the department [on or before February 1] a  report  [of  his  oper-
ations  during  the preceding calendar year] CONTAINING SUCH INFORMATION
AS THE DEPARTMENT MAY REQUIRE. Such license shall  be  [effective  until
revoked] IN FORCE FOR ONE YEAR ONLY AND SHALL NOT BE TRANSFERABLE.
  2.  The  department may also issue a license revocable at its pleasure
to possess and sell protected fish, wildlife,  shellfish,  crustacea  or
aquatic insects for propagation, scientific or exhibition purposes.  The
department  in  its discretion may require a license fee of ten dollars.
Such license shall be in force for one year only and shall not be trans-
ferable. Each licensee shall [make] FILE WITH THE  DEPARTMENT  a  report
[of  his  or her operations at the expiration of the license] CONTAINING
SUCH INFORMATION AS THE DEPARTMENT MAY REQUIRE. Fish, wildlife,  shellf-

S. 6258--C                         23

ish,  crustacea or aquatic insects lawfully possessed under this section
may be sold at any time by the licensee for propagation,  scientific  or
exhibition purposes only.
  S  2.  Subdivision 1 of section 11-0521 of the environmental conserva-
tion law, as amended by chapter 600 of the laws of 1993, is  amended  to
read as follows:
  1.  The  department may direct any environmental conservation officer,
or issue a permit to any person, to take any wildlife at any time  when-
ever it becomes a nuisance, destructive to public or private property or
a threat to public health or welfare, provided, however, that where such
wildlife  is a bear, no such permit shall be issued except upon proof of
damage to such property or threat to public health or  safety  presented
to  the  department. Upon presentation of such proof, the department may
issue a permit authorizing the use of trained tracking dogs pursuant  to
section  11-0928  of this article, and, if the department has determined
that no other alternative is feasible, a separate  permit  to  take  the
bear.  Wildlife  so  taken  shall  be  disposed of as the department may
direct.  ANY PERSON, AGENCY, CORPORATION OR MUNICIPALITY WHO  OBTAINS  A
MIGRATORY BIRD DEPREDATION PERMIT OR ORDER ISSUED BY THE FEDERAL DEPART-
MENT  OF  THE INTERIOR PURSUANT TO 50 C.F.R. 13 AND 50 C.F.R. 21, AS MAY
BE AMENDED FROM TIME TO TIME, SHALL NOT BE REQUIRED TO OBTAIN  A  PERMIT
FROM THE DEPARTMENT TO CONDUCT THE AUTHORIZED ACTIVITIES.
  S  3.  Subdivisions  6  and  9 of section 11-0523 of the environmental
conservation law, subdivision 6 as added by chapter 911 of the  laws  of
1990  and  subdivision  9 as amended by chapter 114 of the laws of 1981,
are amended to read as follows:
  6. Raccoons, MUSKRATS, coyotes or fox injuring private property may be
taken by the owner, occupant or lessee thereof, or an employee or family
member of such owner, occupant or lessee, at any time in any manner.
  9. Varying hares, cottontail rabbits,  skunks,  black,  grey  and  fox
squirrels,  raccoons,  MUSKRATS,  opossums  or weasels taken pursuant to
this section in the closed season  or  in  a  manner  not  permitted  by
section 11-0901 shall be immediately buried or cremated. No person shall
possess or traffic in such skunks or raccoons or the pelts thereof or in
such varying hares or cottontail rabbits or the flesh thereof.
  S  4.  Subdivision 4 of section 11-0524 of the environmental conserva-
tion law, as added by chapter 265 of the laws of  2002,  is  amended  to
read as follows:
  4.  The  fee for a nuisance wildlife control operator license shall be
fifty dollars paid annually to be deposited  in  the  conservation  fund
established  pursuant  to section eighty-three of the state finance law,
PROVIDED, HOWEVER, THAT A MUNICIPALITY SHALL NOT BE SUBJECT TO THIS FEE.
  S 5. Subdivisions 3 and 4 of  section  11-0927  of  the  environmental
conservation law, are amended to read as follows:
  3. Wild game shall not be taken by shooting or otherwise killed in the
course  of  a field trial. Other game on which a field trial may be held
as provided in this section may be taken by shooting in the course of  a
field  trial, except a field trial held on a licensed dog training area,
provided a license for such shooting has been procured from the  depart-
ment. Game so taken shall be immediately [tagged for identification with
seals,  to  be supplied to the licensee] IDENTIFIED ON FORMS PROVIDED by
the department [at the price of five cents each, and  such  seals  shall
not be removed] until the game is finally prepared for consumption.
  4.  Game  so [tagged] IDENTIFIED may be possessed, transported, bought
and sold at any time, without limitation by section 11-0917.

S. 6258--C                         24

  S 6. Subdivision 2 of section 11-0931 of the  environmental  conserva-
tion  law,  as amended by chapter 483 of the laws of 2010, is amended to
read as follows:
  2. No firearm or crossbow except a pistol or revolver shall be carried
or  possessed  in  or  on  a  motor vehicle unless it is unloaded, for a
firearm in both the chamber and  the  magazine,  except  that  a  loaded
firearm which may be legally used for taking migratory game birds may be
carried  or possessed in a motorboat while being legally used in hunting
migratory game birds, and no person except a law enforcement officer  in
the  performance  of  his  official duties shall, while in or on a motor
vehicle, use a jacklight, spotlight or other artificial light upon lands
inhabited by deer if he is in possession or is accompanied by  a  person
who is in possession, at the time of such use, of a longbow, crossbow or
a  firearm  of any kind except a pistol or revolver, unless such longbow
is unstrung or such firearm  or  crossbow  is  taken  down  or  securely
fastened  in  a case or locked in the trunk of the vehicle. For purposes
of this subdivision, motor vehicle shall mean  every  vehicle  or  other
device  operated  by  any power other than muscle power, and which shall
include but not be limited to automobiles,  trucks,  motorcycles,  trac-
tors,  trailers  and  motorboats, snowmobiles and snowtravelers, whether
operated on or off public highways. Notwithstanding  the  provisions  of
this subdivision, the department may issue a permit to any person who is
non-ambulatory,  except  with  the use of a mechanized aid, to possess a
loaded firearm in or on a motor vehicle  as  defined  in  this  section,
subject to such restrictions as the department may deem necessary in the
interest  of public safety[, and for a fee of five dollars].  Nothing in
this section permits the possession of a pistol or a  revolver  contrary
to the penal law.
  S  7.  Subdivision 2 of section 11-0931 of the environmental conserva-
tion law, as amended by section 50 of part F of chapter 82 of  the  laws
of 2002, is amended to read as follows:
  2.  No  firearm  except  a  pistol  or  revolver  shall  be carried or
possessed in or on a motor vehicle unless it is  unloaded  in  both  the
chamber  and  the  magazine,  except  that a loaded firearm which may be
legally used for taking migratory game birds may be carried or possessed
in a motorboat while being legally used in hunting migratory game birds,
and no person except a law enforcement officer in the performance of his
official duties shall, while in or on a motor vehicle, use a  jacklight,
spotlight  or  other artificial light upon lands inhabited by deer if he
is in possession or is accompanied by a person who is in possession,  at
the  time  of  such use, of a longbow, crossbow or a firearm of any kind
except a pistol or revolver, unless such longbow  is  unstrung  or  such
firearm  is  taken  down or securely fastened in a case or locked in the
trunk of the vehicle. For purposes of this  subdivision,  motor  vehicle
shall  mean  every  vehicle  or other device operated by any power other
than muscle power, and which shall include but not be limited to automo-
biles, trucks, motorcycles, tractors, trailers and  motorboats,  snowmo-
biles  and  snowtravelers,  whether  operated on or off public highways.
Notwithstanding the provisions of this subdivision, the  department  may
issue  a permit to any person who is non-ambulatory, except with the use
of a mechanized aid, to possess a loaded firearm in or on a motor  vehi-
cle  as  defined  in  this  section, subject to such restrictions as the
department may deem necessary in the interest of public safety[, and for
a fee of five dollars]. Nothing in this section permits  the  possession
of a pistol or a revolver contrary to the penal law.

S. 6258--C                         25

  S 8. Section 11-1003 of the environmental conservation law, as amended
by section 51 of part F of chapter 82 of the laws of 2002, is amended to
read as follows:
S 11-1003. Falconry license.
  Any  resident  of  this  state  may  be issued a falconry license. The
department shall prescribe and furnish forms for  application  for  such
license.  The  fee  for  the  license  shall  be [twenty] FORTY dollars.
Falconry licenses shall expire on December 31 every [second] FIFTH  year
and  shall be renewable at the discretion of the department.  A falconry
license shall authorize the  licensee  to  obtain,  buy,  sell,  barter,
possess  and  train  raptors  for  falconry  and  to engage in falconry,
provided that no game shall be taken or killed  except  during  an  open
season  therefor,  and  further  provided  that such licensee shall also
possess a license pursuant to this chapter which authorizes  the  holder
to  hunt  wildlife.    Any  non-resident, who legally possesses a raptor
where he or she resides and who may legally engage in falconry where  he
or  she  resides,  may engage in falconry in New York without a falconry
license provided he  or  she  possesses  a  valid  non-resident  hunting
license.
  S  9.  Section 11-1721 of the environmental conservation law, subdivi-
sion 2 as amended by chapter 528 of the laws of 1986, is amended to read
as follows:
S 11-1721. [Tagging] IDENTIFICATION of carcasses and parts thereof.
  1. The provisions of this section apply to carcasses and parts thereof
of
  a. domestic game killed on the premises of the holder  of  a  domestic
game bird breeder's license PURSUANT TO SECTION 11-1901 OF THIS ARTICLE,
domestic  game  animal  breeder's license PURSUANT TO SECTION 11-1905 OF
THIS ARTICLE or shooting preserve license PURSUANT TO SECTION 11-1903 OF
THIS ARTICLE;
  b. [domestic game raised outside the state on the premises of a holder
of a certificate under section 11-1715, subdivision 1;
  c. foreign game imported from outside the United States;
  d. wild deer (other than white-tailed deer), moose, elk,  caribou  and
antelope,  coming  from  outside the state, imported pursuant to section
11-1711;
  e.] bear possessed  under  license  pursuant  to  section  11-0515  or
outside  the  state  under a license similar in principle and killed for
food purposes[, and bought and sold for such purpose under  permit  from
the department pursuant to section 11-1713];
  [f.] C. trout, black bass, lake trout, landlocked salmon, muskellunge,
pike,  pickerel  and walleye taken from fishing preserve waters licensed
pursuant to section 11-1913.
  2. All such [game] CARCASSES AND PARTS shall  be  [tagged]  IDENTIFIED
with  a  [tag  or  seal,  which  shall be supplied] FORM PROVIDED by the
department [for a fee of five cents for each tag or  seal.  The  tag  or
seal shall be affixed to each game bird, and in the case of foreign game
shall  be  affixed  to the breast skin, and to the flesh of each quarter
and loin of other game, and shall remain so affixed until  the  game  is
finally  prepared for consumption.  Trout, black bass, lake trout, land-
locked salmon, muskellunge, pike, pickerel and walleye taken from  fish-
ing preserve waters licensed pursuant to section 11-1913 shall be tagged
as prescribed by the department, with a seal, which shall be supplied by
the department for a fee of five cents for each seal].
  3.  [Domestic game killed in this state] CARCASSES AND PARTS shall not
be possessed unless [tagged] ACCOMPANIED  BY  A  FORM  PROVIDED  BY  THE

S. 6258--C                         26

DEPARTMENT  as  required  by  this  section. [Foreign game imported from
outside the United States and domestic and wild game coming from outside
the state shall be tagged before it is brought into the state  or  imme-
diately upon its receipt within this state by the consignee.
  4.  No  person shall counterfeit any seal or tag issued by the depart-
ment. No person shall attach such a  tag  to  game  which  is  not  game
described in subdivision 1, nor attach to any game described in subdivi-
sion  1  a  tag  or  seal  other  than the tag or seal prescribed by the
department for the tagging of such game.]
  S 10. Section 11-1723 of the environmental conservation law is amended
to read as follows:
S 11-1723. Sale of game and trout; transportation within the state.
  1. a. Except as provided in paragraph b, game and  trout  required  by
section  11-1721  to  be  [tagged,  when  so  tagged] IDENTIFIED, may be
possessed, bought and sold, and subject to section 11-1725 may be trans-
ported within and from within to without the state by any means.
  b. No domestic duck, goose, brant or swan killed by shooting shall  be
bought  or  sold  unless marked [by having had the hind toe of the right
foot removed as provided in subdivision 5 of section 11-1901] IN ACCORD-
ANCE WITH REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY
THE DEPARTMENT OF THE INTERIOR PURSUANT  TO  50  C.F.R.  21  AS  MAY  BE
AMENDED FROM TIME TO TIME.
  2.  No  person  shall  sell  or  offer for sale any such game or trout
unless it is so [tagged] IDENTIFIED.
  S 11. Section 11-1725 of the environmental conservation law is amended
to read as follows:
S 11-1725. Shipment by carriers.
  1. Carriers may receive, and may transport, within and from within  to
without  the  state,  carcasses  and parts thereof of game, described in
subdivision 1 of section 11-1721[, tagged] AND IDENTIFIED as provided in
that section, when they are also labeled as provided in this section.
  2. a. When received in this state by a carrier, or transported  within
or from within to without the state by a carrier, every shipment of game
required  by  section 11-1721 to be [tagged] IDENTIFIED, shall also have
attached a card or label with the  following  data  plainly  printed  or
written  thereon: names and addresses of consignor and consignee, number
and kind of carcasses or parts thereof[, and that the same  is  (as  the
case  may  be)  domestic  game,  imported foreign game, or game imported
under permit (in the case of game imported pursuant to  section  11-1711
or 11-1713)].
  b. If the consignor is the person who holds the game breeder's license
or shooting preserve license[, or the certificate under section 11-1715,
or  the  permit under section 11-1711 or 11-1713,] by authority of which
such game (other than imported foreign game) is saleable, or if the game
is imported foreign game shipped by a licensed game dealer, the card  or
label  shall  also  state  the  name  and  address of the holder of such
license, [certificate or permit] and the number of the license[, certif-
icate or permit].
  3. No carrier or employee thereof shall, while engaged in  such  busi-
ness,  transport  as  owner  any  fish or game not lawfully saleable. No
carrier or employee thereof shall knowingly receive or possess any  fish
or game, whether packed or unpacked, for shipment for any person, unless
(a)  if it is game or trout described in section 11-1721, it is [tagged]
IDENTIFIED as required by that section, and (b) in any  case,  it  bears
the  tag,  card,  IDENTIFICATION or label required by this section or by
sections 11-0911, 11-0917, 11-1319 or 11-1913.

S. 6258--C                         27

  S 12. Subdivisions 1, 5 and 8 of section 11-1901 of the  environmental
conservation  law,  paragraphs  a  and  b of subdivision 1 as amended by
chapter 528 of the laws of 1986, are amended to read as follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands, or an entire  island,  a  domestic  game  bird
breeder's  license  permitting him to possess and propagate such species
of domestic game birds as, in its opinion, he has facilities for  propa-
gating  on  the  licensed premises. The license shall expire on March 31
[in each] EVERY FIFTH year. The department shall prescribe  and  furnish
forms  for  application  for  such  license. Applicants shall pay to the
department, and the  department  shall  be  entitled  to  receive,  fees
according to the type of license so issued as follows:
  a.  Class  A  license, [fifty] TWO HUNDRED dollars. This license shall
allow the holder thereof to purchase, possess, propagate, transport  and
sell domestic game birds, dead or alive, and their eggs.
  b.  Class B license, [ten] FORTY dollars. This license shall allow the
holder thereof to purchase, possess and propagate  domestic  game  birds
for  his  own  use. Birds may be killed for food or released to the wild
for restocking. No live birds or their eggs or carcasses  may  be  sold,
exchanged or given away.
  5.  Each  such  domestic duck, goose, brant and swan [before attaining
the age of four weeks] shall be marked [by having the hind  toe  of  the
right  foot  removed,  and no such duck, goose, brant or swan, over four
weeks of age, may be possessed or sold without such mark] IN  ACCORDANCE
WITH  REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY THE
DEPARTMENT OF THE INTERIOR PURSUANT TO 50 C.F.R. 21 AS  MAY  BE  AMENDED
FROM  TIME  TO  TIME. Birds so marked, which have escaped, may be recap-
tured by the licensee.  [Other  such  domestic  game  birds  which  have
escaped  may  be  recaptured by the licensee provided they are marked as
prescribed in the rules and  regulations  of  the  department.]  Escaped
birds  may be recaptured only on the premises of the licensee. [However,
removal of the hind toe of the right foot  shall  not  be  required  for
captive  geese, brant and swans, which were adult birds on March 1, 1967
and previously had been marked with a V-shaped mark on the  web  of  one
foot.]
  8.  [a. The department shall supply tags, for which the licensee shall
pay a fee of five cents each, which shall be affixed to the carcass of a
domestic game bird and remain so  affixed  until  the  bird  is  finally
prepared  for  consumption.  No  domestic  game  bird so killed shall be
possessed without such tag, and only an authorized person shall have  in
his possession such tags.
  b.  Notwithstanding  any provision in this section to the contrary, no
untagged carcass may be removed from the premises except carcasses which
are removed for the purpose of processing.  When  transporting  untagged
carcasses  for  such processing, the bearer must have a statement signed
by the licensee stating the number of carcasses  being  transported  and
the  name and address of the processor. The bearer must also have in his
possession tags equal  in  number  to  the  carcasses  transported.  The
processor  or  bearer,  after  picking and dressing the carcasses, shall
affix the tags, furnished by the licensee, to each carcass.
  c. The licensee shall keep records of the number of tags used, and  no
tags  shall  be removed from the licensed premises except as provided in
this subdivision. If a game bird breeder's license is not renewed on its
expiration date, all unused tags and inventory shall be returned to  the
nearest  regional office of the department not later than ten days after

S. 6258--C                         28

the expiration date of the license. There shall be no  refund  of  money
for such returned tags, which shall be immediately invalidated.
  d.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements  of  section  11-1721.  Carcasses  of
domestic  game  birds,  tagged  as  provided in this subdivision, may be
possessed, bought, sold, offered for sale and transported, to the extent
permitted by sections 11-1719 and 11-1723.] DOMESTIC GAME BIRD CARCASSES
AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
ARTICLE.
  S  13. Subdivisions 2, 4 and 6 of section 11-1903 of the environmental
conservation law are REPEALED and subdivisions 1, 3, 7,  and  10,  para-
graph  c of subdivision 1 as amended by chapter 528 of the laws of 1986,
subdivision 3 as amended by chapter 465 of the laws of 1976,  and  para-
graph  d  of subdivision 7 as amended by chapter 37 of the laws of 1978,
are amended to read as follows:
  1. The department may, in its discretion, issue to an owner or  lessee
of wholly enclosed lands or an entire island a shooting preserve license
permitting  him  OR HER to purchase, possess, rear and transport, and to
release and take  by  shooting  therein,  domestic  game  birds  legally
possessed or acquired. No birds may be held for propagation after [March
31]  APRIL  15  unless the owner or lessee also has a domestic game bird
breeder's license as provided for in section 11-1901.  In  the  case  of
leased  lands,  the  applicant shall furnish with his OR HER application
evidence of a written lease executed by each lessor covering  the  prem-
ises  to  be  licensed.  The  license shall expire on [March 31 in each]
APRIL 15 EVERY FIFTH year. The department shall  prescribe  and  furnish
forms  for  application for such license.  Applicants shall pay, and the
department shall be entitled to receive, fees according to the  type  of
license issued as follows:
  a.  Class  A  license,  [fifty] TWO HUNDRED dollars [for the first one
hundred acres and five dollars for each additional one hundred acres  or
portion  thereof  comprising the premises described in the application].
This license shall allow the holder thereof to operate a commercial CLUB
OR MEMBERSHIP shooting preserve WITH A MINIMUM OF ONE HUNDRED ACRES  and
charge a daily fee for hunting or charge a fee for each bird killed or a
combination  thereof. Birds may be killed by the licensee for his OR HER
own use and may be sold dead or alive.
  b. [Class B license, twenty-five dollars for  the  first  one  hundred
acres  and  two  dollars and fifty cents for each additional one hundred
acres or portion thereof comprising the premises described in the appli-
cation. This license shall allow the holder thereof to operate a nonpro-
fit shooting  preserve  or  a  nonprofit  club  or  membership  shooting
preserve  with use limited to members and guests. Birds may be killed by
the licensee for his own use but  no  live  birds,  or  their  eggs,  or
carcasses  may  be  sold  unless  the licensee holds a Class A game bird
breeder's license.
  c.] Class [C] B license, [fifteen] SIXTY dollars [for  the  first  one
hundred  acres  and two dollars for each additional one hundred acres or
portion thereof comprising the premises described in  the  application].
This  license  shall  allow  the  holder  thereof  to operate a shooting
preserve with use restricted to the licensee,  his  OR  HER  family  and
invitees,  provided  no fees are charged for the privilege of hunting or
for birds shot. Birds may be killed by the licensee for his OR  HER  own
use  but  no  live birds, or their eggs, or carcasses may be sold unless
the licensee holds a Class A game bird breeder's license.

S. 6258--C                         29

  3. The department may revoke the license of any licensee convicted  of
a  violation  of  this section, and no license shall be issued to him OR
HER for the ensuing two years. The licensee,  unless  he  OR  SHE  shall
waive such right, shall have an opportunity to be heard. Notice of hear-
ing shall be given by mailing the same in writing to the licensee at the
address  contained in his OR HER license. Attendance of witnesses may be
compelled by subpoena.  Revocation shall be deemed an administrative act
reviewable by the supreme court as such.
  7. Domestic game birds may not be killed, by shooting, on the premises
specified in the application for the license, except under the following
conditions:
  a. Birds [must be at least fourteen weeks of  age  before  liberation.
Ducks,  geese,  brant and swans] shall be marked [by having had the hind
toe of the right foot removed, except] as provided in subdivision  5  of
section  11-1901[,  and  no  such  duck, goose, brant or swan, over four
weeks of age, may be possessed, sold or killed by shooting without  such
mark].  Birds  so  marked,  which have escaped, may be recaptured by the
licensee. [Other such domestic game birds  which  have  escaped  may  be
recaptured by the licensee provided they are marked as prescribed in the
rules  and  regulations  of the department.] Escaped birds may be recap-
tured only on the premises of the licensee.
  [b. Before any shooting of domestic  game  birds  may  be  done  on  a
licensed  shooting  preserve  the licensee must advise the department in
writing of the numbers of each species of domestic  game  birds  reared,
purchased  or otherwise acquired for liberation, and request and receive
in writing a shooting authorization which shall  state  the  numbers  of
each  species  of game bird that may be taken by shooting. The number of
birds authorized to be taken by shooting shall not be less  than  eighty
per cent of the number liberated.
  Shooting authorization shall be based on the actual number of birds on
hand  or  on contract at the time of application for such authorization.
If birds are purchased, the applicant  shall  submit  one  copy  of  the
contract agreement signed by the purchaser and seller on forms furnished
by  the  department.  The  contract  shall  state  the name, address and
license number of the party from whom purchased as well as  the  numbers
of birds purchased and the dates of delivery.
  c.]  B. Ducks, geese, brant and swans liberated under this section may
be taken only under rules and regulations  made  by  the  department  OR
ADOPTED BY THE FEDERAL DEPARTMENT OF THE INTERIOR.
  [d]  C.  On the premises described in the application for the license,
the licensee may kill domestic game birds by shooting from  September  1
through  [March  31] APRIL 15 and in any manner, other than by shooting,
at any time, or any person may take domestic game birds by shooting from
September 1 through [March 31] APRIL 15 with the consent of  the  licen-
see. [When an investigation made by the department in the month of March
of  any  year  reveals  that during the current shooting preserve season
reasonable opportunities were not  afforded  to  harvest  domestic  game
birds  in  any  area  or  areas of the state because of abnormal weather
conditions, the department shall have  power  to  extend  by  order  the
shooting  preserve  season  in  such  area  or areas for a period not to
exceed 15 days.]
  10. a. [The department shall supply tags, for which the licensee shall
pay a fee of five cents each, which shall be  affixed  to  the  carcass]
CARCASSES  AND  PARTS  of  [a] domestic game [bird and remain so affixed
until the bird is finally  prepared  for  consumption]  BIRDS  SHALL  BE
ACCOMPANIED  BY  A  FORM  PROVIDED BY THE DEPARTMENT PURSUANT TO SECTION

S. 6258--C                         30

11-1721 OF THIS ARTICLE.   No domestic game birds  so  killed  shall  be
possessed  OR  TRANSPORTED  without such [tag] FORM.  Only an authorized
person as provided in the rules and regulations of the department  shall
have in his OR HER possession such [tags] FORM.
  b.  [Notwithstanding any provision in this section to the contrary, no
untagged carcass may be removed from the premises except carcasses which
are removed for processing. When  transporting  untagged  carcasses  for
processing,  the  bearer  must  have  a statement signed by the licensee
stating the number of carcasses transported and the name and address  of
the processor. The bearer must also have in his possession tags equal in
number  to  the  carcasses  transported.  The processor or bearer, after
picking and dressing the carcasses, shall affix the tags,  furnished  by
the licensee, to each carcass.
  c.  The  licensee  shall keep records of the number of tags used. If a
shooting preserve license is not renewed on  its  expiration  date,  all
unused  tags  on  inventory  shall  be  returned to the nearest regional
office of the department not later than ten days  after  the  expiration
date of the license. There shall be no refund of money for such returned
tags, which shall be immediately invalidated.
  d.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements  of  section  11-1721.  Carcasses  of
domestic  game  birds,  tagged  as  provided in this subdivision, may be
possessed and transported by all licensees under this section, and  they
may  be  bought,  sold  and  offered for sale to the extent permitted by
sections 11-1719 and 11-1723, except that no domestic duck, goose, brant
or swan shall be bought, sold or killed by  shooting  unless  marked  as
provided  in subdivision 7 of this section] DOMESTIC GAME BIRD CARCASSES
AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
ARTICLE.
  S  14.  Subdivisions  1  and 6 of section 11-1905 of the environmental
conservation law, the opening paragraph of subdivision 1 as  amended  by
chapter  41  of the laws of 1973, paragraphs a and b of subdivision 1 as
amended by chapter 528 of the laws of  1986,  are  amended  to  read  as
follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands or an entire  island  a  domestic  game  animal
breeder's  license permitting him to possess and propagate domestic game
animals provided such animals are confined and cared  for  according  to
specifications  and  regulations  which  the department, by order, shall
adopt. The license shall expire on March 31 [of each] EVERY FIFTH  year.
The  department  shall  prescribe  and furnish forms for application for
such license. Applicants shall pay, and the department shall be entitled
to receive, fees in accordance with the type of license issued.
  a. Class A license, [fifty] TWO HUNDRED dollars.  This  license  shall
allow  the holder thereof to purchase, possess, propagate, transport and
sell domestic game animals dead or alive.
  b. Class B license, [ten] FORTY dollars. This license shall allow  the
holder  thereof to purchase, possess and propagate domestic game animals
for his own use. No animals may be sold, exchanged or given away  except
that  portions  of the carcass may be given away provided they are pack-
aged and the package bears the name and license number of the licensee.
  6. [a. The department shall supply tags  for  Class  A  licenses,  for
which the licensees shall pay five cents each, which shall be affixed to
each quarter and loin of each carcass of domestic game animals killed by
Class  A  licensees  and  remain  so  affixed  until the game is finally
prepared for consumption. No domestic game animal  so  killed,  nor  any

S. 6258--C                         31

portion of the carcass thereof, shall be possessed without such tag, and
no person shall sell such quarter or loin without such tag attached.
  b.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements of section 11-1721. Loins or quarters
of domestic game animals, killed by Class  A  licensees  and  tagged  as
provided in this subdivision, may be possessed, bought, sold and offered
for sale, and transported as provided in section 11-1723 and may be sold
and  offered  for  sale  by  the  holder of a Class A license under this
section without the  game  dealer's  license  provided  for  in  section
11-1719.]  DOMESTIC  GAME ANIMAL CARCASSES AND PARTS SHALL BE IDENTIFIED
AS REQUIRED BY SECTION 11-1721 OF THIS ARTICLE.
  S 15. Section 11-1907 of the environmental conservation law is amended
by adding a new subdivision 3 to read as follows:
  3. ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE DEPARTMENT  SHALL
NOT ISSUE ANY NEW LICENSES PURSUANT TO THIS SECTION.
  S 16. Subparagraph 4 of paragraph b of subdivision 2 and subdivision 6
of section 11-1913 of the environmental conservation law, paragraph a of
subdivision 6 as amended by chapter 528 of the laws of 1986, are amended
to read as follows:
  (4)  specify the manner of [tagging] IDENTIFICATION OF fish taken from
the licensed waters, and
  6. a. All trout, black bass, lake trout,  landlocked  salmon,  muskel-
lunge,  pike,  pickerel  and  walleye  taken  from  the licensed fishing
preserve waters, shall  be  immediately  [tagged]  IDENTIFIED  ON  FORMS
PROVIDED  BY  THE DEPARTMENT as prescribed in the license or by order of
the department. [Such tags shall be furnished by the department and sold
to the licensee at the cost of five cents per tag.]
  b. The [tag so affixed] IDENTIFICATION  FORM  shall  [not  be  removed
from] ACCOMPANY the fish until the same is finally prepared for consump-
tion.
  c.  No  fish, required to be [tagged] IDENTIFIED as specified in para-
graph a of this subdivision, taken pursuant to  this  section  shall  be
possessed  off  the  premises of the fishing preserve without such [tag]
IDENTIFICATION FORM, and no person shall sell  such  fish  without  such
[tag  attached,  except for scientific, exhibition or stocking purposes]
IDENTIFICATION FORM.
  d. Fish taken from such fishing preserves and [tagged]  IDENTIFIED  as
provided in this subdivision, may be possessed, bought, sold and offered
for  sale, and transported without restriction. Fish raised or possessed
under license issued under this section may be  sold  at  any  time  for
scientific, exhibition, propagation or stocking purposes.
  S  17. Subdivision 3 of section 11-0103 of the environmental conserva-
tion law is amended to read as follows:
  3. "Wild game" means all game,  except  (a)  domestic  game  bird  and
domestic  game  animal  as  defined  in  subdivision 4; (b) carcasses of
foreign game as defined in section 11-1717, imported  from  outside  the
United  States  [and  tagged  as  provided in section 11-1721]; (c) game
propagated or kept alive in captivity as provided  in  section  11-1907;
(d)  game imported alive pursuant to license of the department, or arti-
ficially propagated, until such game  is  liberated;  and  (e)  game  so
imported  or  propagated when liberated for the purpose of a field trial
and taken during the field trial for which it was liberated.
  S 18. Subdivision 2 of section 11-1717 of the environmental  conserva-
tion law is amended to read as follows:
  2.  The  carcasses,  or  parts  thereof, of foreign game imported from
outside the United States  may  be  bought  and  sold  [when  tagged  as

S. 6258--C                         32

required  in  section  11-1721,  subject  to  the  provisions of section
11-1719 with respect to dealers' licenses].
  S  19. This act shall take effect immediately, except that if this act
shall have become a law on or after April 1, 2012 this  act  shall  take
effect  immediately  and  shall be deemed to have been in full force and
effect on and after April 1,  2012;  provided  that  the  amendments  to
subdivision  2  of section 11-0931 of the environmental conservation law
made by section six of this act shall be subject to the  expiration  and
reversion  of  such  subdivision  pursuant to chapter 483 of the laws of
2010, as amended, when upon such date the provisions of section seven of
this act shall take effect.

                                 PART I

  Section 1. Section 2 of the public service law is amended by adding  a
new subdivision 28 to read as follows:
  28.  THE TERM "VOICE-OVER-INTERNET PROTOCOL SERVICE" OR "VOIP SERVICE"
WHEN USED IN THIS CHAPTER, SHALL MEAN  ANY  SERVICE  THAT:  (A)  ENABLES
REAL-TIME  TWO-WAY VOICE COMMUNICATIONS THAT ORIGINATE FROM OR TERMINATE
TO THE USER'S LOCATION USING INTERNET PROTOCOL OR ANY  SUCCESSOR  PROTO-
COL;  (B)  USES A BROADBAND CONNECTION FROM THE USER'S LOCATION; AND (C)
PERMITS USERS GENERALLY TO RECEIVE CALLS THAT ORIGINATE  ON  THE  PUBLIC
SWITCHED TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE PUBLIC SWITCHED
TELEPHONE NETWORK.
  S  2.  Paragraph d of subdivision 1 of section 5 of the public service
law, as amended by chapter 155 of the laws of 1970, is amended  to  read
as follows:
  d. To every telephone line which lies wholly within the state and that
part  within  the  state  of New York of every telephone line which lies
partly within and partly without the state and to the persons or  corpo-
rations  owning, leasing or operating any such telephone line.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE COMMIS-
SION, THE DEPARTMENT OF PUBLIC SERVICE,  NOR  ANY  OTHER  DEPARTMENT  OR
AGENCY  OF  THIS STATE, OR ANY POLITICAL SUBDIVISION THEREOF, SHALL HAVE
AUTHORITY TO REGULATE THE ENTRY, RATES OR  OTHER  TERMS  OF  SERVICE  OF
VOICE-OVER-INTERNET  PROTOCOL SERVICE.   PROVIDED, HOWEVER, THAT NOTHING
IN THIS PARAGRAPH SHALL AFFECT THE AUTHORITY OF THE STATE OR  ITS  AGEN-
CIES  TO  ENFORCE  SUCH REQUIREMENTS AS ARE OTHERWISE EXPRESSLY PROVIDED
FOR BY FEDERAL LAW, INCLUDING, BUT NOT LIMITED  TO,  CONNECTION  TO  911
FACILITIES,  THE  COLLECTION  OF  ENHANCED  911 FEES, TELECOMMUNICATIONS
RELAY  SERVICE  FEES,  OR  FEDERAL  UNIVERSAL  SERVICE  FUND   FEES   ON
VOICE-OVER-INTERNET  PROTOCOL  SERVICES THAT MAY BE DETERMINED TO APPLY,
OR BE CONSTRUED TO (1) MODIFY  OR  AFFECT  THE  RIGHTS,  OBLIGATIONS  OR
AUTHORITY OF ANY ENTITY, INCLUDING BUT NOT LIMITED TO THE PUBLIC SERVICE
COMMISSION,  TO  ACT PURSUANT TO, OR ENFORCE THE PROVISIONS OF 47 U.S.C.
251, 47 U.S.C. 252, ANY APPLICABLE TARIFF, OR ANY STATE LAW, RULE, REGU-
LATION OR ORDER RELATED TO WHOLESALE  RIGHTS,  DUTIES  AND  OBLIGATIONS,
INCLUDING THE RIGHTS, DUTIES, AND OBLIGATIONS OF LOCAL EXCHANGE CARRIERS
TO  INTERCONNECT  AND  EXCHANGE  VOICE TRAFFIC; (2) MODIFY OR AFFECT THE
AUTHORITY OF THE PUBLIC SERVICE COMMISSION TO IMPLEMENT, CARRY OUT,  AND
ENFORCE  SUCH  PROVISIONS, RIGHTS, DUTIES, OBLIGATIONS OR TARIFF THROUGH
ARBITRATION PROCEEDINGS OR OTHER AVAILABLE MECHANISMS AND PROCEDURES; OR
(3) AFFECT THE PAYMENT OF SWITCHED NETWORK ACCESS RATES OR OTHER  INTER-
CARRIER  COMPENSATION  RATES,  AS  APPLICABLE.   NOTHING HEREIN SHALL BE
CONSTRUED TO AFFECT THE APPLICATION OR ENFORCEMENT OF OTHER STATUTES  OR
REGULATIONS  THAT  APPLY  GENERALLY  TO  THE  CONDUCT OF BUSINESS IN THE

S. 6258--C                         33

STATE, INCLUDING CONSUMER PROTECTION, TAXATION OR  UNFAIR  OR  DECEPTIVE
TRADE PRACTICES RULES OF GENERAL APPLICABILITY.
  S 3. Subdivision 1 of section 90 of the public service law, as amended
by chapter 414 of the laws of 1981, is amended to read as follows:
  1.  [The]  EXCEPT  AS  PROVIDED  IN  PARAGRAPH D OF SUBDIVISION ONE OF
SECTION FIVE OF THIS CHAPTER, THE provisions of this article shall apply
to communication by telegraph or telephone between one point and another
within the state of New York and  to  every  telegraph  corporation  and
telephone corporation.
  S 4. This act shall take effect immediately.

                                 PART J

  Section  1.  Paragraph  f  of  subdivision 1 of section 72-0402 of the
environmental conservation law, as added by chapter 99 of  the  laws  of
2010, is amended to read as follows:
  f.  In any case where a generator EITHER (I) recycles more than ninety
percent of the [amount] TOTAL TONS of hazardous waste or more than nine-
ty percent of the [amount] TOTAL TONS of hazardous wastewater  WHICH  it
[produces  in  any] GENERATED DURING THAT calendar year, as certified to
the commissioner, [upon which a fee is imposed pursuant to this section,
any such fee imposed or to be imposed in such  case]  OR  (II)  RECYCLES
MORE  THAN FOUR THOUSAND TONS OF HAZARDOUS WASTE OR MORE THAN FOUR THOU-
SAND TONS OF HAZARDOUS WASTEWATER WHICH IT GENERATED  IN  THAT  CALENDAR
YEAR, AS CERTIFIED TO THE COMMISSIONER, THE FEE IMPOSED PURSUANT TO THIS
SECTION  shall be [determined] CALCULATED AND IMPOSED based upon the net
amount of hazardous waste or THE  NET  AMOUNT  OF  hazardous  wastewater
generated[,  as  applicable,  which] THAT is not [so] recycled in [such]
THAT calendar year, rather than  upon  the  gross  [amount]  AMOUNTS  of
hazardous waste [or] AND hazardous wastewater generated in such calendar
year.
  S 2. This act shall take effect immediately and shall apply to hazard-
ous  waste  program  fee bills issued by the department of environmental
conservation after January 1, 2012  for  hazardous  waste  or  hazardous
wastewater generated during calendar year 2011 or later.

                                 PART K
                          Intentionally omitted

                                 PART L

  Section 1. Section 140 of the agriculture and markets law, as added by
chapter 631 of the laws of 1955, subdivision 1 as amended by chapter 592
of the laws of 2003, is amended to read as follows:
  S 140. Samples;  publication  of results of tests. 1. The commissioner
or his or her duly authorized  representatives  shall  take  samples  of
seeds  [and  submit  them to the director of the New York state agricul-
tural experiment station] for examination, analysis, and testing BY  THE
DEPARTMENT. THE COMMISSIONER MAY CONTRACT WITH A QUALIFIED LABORATORY TO
PERFORM SUCH EXAMINATION, ANALYSIS, AND TESTING. When the analysis of an
official  sample  indicates that seed is mislabeled, the results of such
analysis shall be provided to the person responsible for the labeling of
the seed and, upon that person's request, made within  fifteen  days  of
his  or  her  receipt  of  said  results, the commissioner or his or her

S. 6258--C                         34

authorized agent shall furnish such person with a portion of the  sample
taken.
  2. [The director of the New York state agricultural experiment station
shall  examine,  analyze,  or test, or cause to be examined, analyzed or
tested such samples of seeds taken under the provisions of this  article
as  shall  be submitted to him for that purpose by the commissioner, and
shall report the results of such analysis, examination,  or  testing  to
the  commissioner.  For  this  purpose  the  New York state agricultural
experiment station may establish and maintain trial grounds and  a  seed
laboratory  with  the  necessary  equipment,  and may employ experts and
incur such expense as may be necessary to comply with  the  requirements
of this article.
  3.]  From  time  to  time  the [New York state agricultural experiment
station, in cooperation with the] department of agriculture and markets,
shall make public the results of  examinations,  analyses,  trials,  and
tests  of  any  sample  or samples so procured, together with such addi-
tional information as  circumstances  advise.  These  published  results
shall be the property of the state of New York and shall not be used for
advertising or regulatory purposes by any person or agency, governmental
or otherwise without requested and granted permission of the commission-
er [of agriculture and markets].
  S  2.    Section 140-a of the agriculture and markets law, as added by
chapter 631 of the laws of 1955, is amended to read as follows:
  S 140-a. Provision for seed tests.  Any citizen of  this  state  shall
have  the  privilege  of  submitting to the [New York state agricultural
experiment station] DEPARTMENT samples of seeds for [test]  TESTING  and
analysis subject to [such rules and regulations as may be adopted by the
director  of said experiment station and approved by Cornell university]
PAYMENT OF A FEE TO THE COMMISSIONER THAT SHALL, AT A MINIMUM, COVER THE
FULL COSTS OF THE SERVICES PROVIDED. ALL MONIES RECEIVED BY THE  COMMIS-
SIONER  PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN AN ACCOUNT WITHIN
THE MISCELLANEOUS SPECIAL RECEIVE FUND AND SHALL BE USED TO  DEFRAY  THE
EXPENSES  INCIDENTAL  TO  CARRYING  OUT  THE SERVICES AUTHORIZED BY THIS
SECTION.
  S 3. This act shall take effect immediately.

                                 PART M
                          Intentionally omitted

                                 PART N

  Section 1. Section 251-z-3 of the  agriculture  and  markets  law,  as
amended  by  chapter  307  of  the laws of 2004, the second undesignated
paragraph as amended by section 2 of part II of chapter 59 of  the  laws
of 2009, is amended to read as follows:
  S  251-z-3. Licenses; fees. No person shall maintain or operate a food
processing establishment unless licensed biennially by the commissioner.
Application for a license to operate  a  food  processing  establishment
shall be made, upon a form prescribed by the commissioner[, on or before
the  fifteenth  of  the month preceding the applicable license period as
herein prescribed. The license period shall begin February fifteenth for
applicants who apply for a license between February  fifteenth  and  May
fourteenth, May fifteenth for applicants who apply for a license between
May fifteenth and August fourteenth, August fifteenth for applicants who
apply  for  a  license between August fifteenth and November fourteenth,

S. 6258--C                         35

and November fifteenth for applicants who apply for  a  license  between
November  fifteenth and February fourteenth]. RENEWAL APPLICATIONS SHALL
BE SUBMITTED TO THE COMMISSIONER AT  LEAST  THIRTY  DAYS  PRIOR  TO  THE
COMMENCEMENT OF THE NEXT LICENSE PERIOD.
  The  applicant  shall  furnish  evidence of his or her good character,
experience and competency, that the establishment has  adequate  facili-
ties and equipment for the business to be conducted, that the establish-
ment  is  such  that  the cleanliness of the premises can be maintained,
that the product produced therein will not become  adulterated  and,  if
the applicant is a retail food store, that the applicant has an individ-
ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to  the  applicant,  upon  payment  of  the  license fee of four hundred
dollars,  a  license  to  operate  the  food  processing   establishment
described  in  the  application.  However, the license fee shall be nine
hundred dollars for a food processing establishment  determined  by  the
commissioner,  pursuant to duly promulgated regulations, to require more
intensive regulatory  oversight  due  to  the  volume  of  the  products
produced,  the  potentially  hazardous nature of the product produced or
the multiple number of processing operations conducted in the establish-
ment. The license application for retail food stores shall  be  accompa-
nied  by  documentation  in  a  form  approved by the commissioner which
demonstrates that the food safety education program requirement has been
met. The license shall take effect on the date of issuance and  continue
[until  the  last day of the applicable license period set forth in this
section] FOR TWO YEARS FROM SUCH DATE.
  [Notwithstanding any other provision  of  law  to  the  contrary,  the
commissioner  is  hereby  authorized  and  directed to deposit all money
received pursuant to this section in an account within the miscellaneous
special revenue fund.]
  S 2. Subdivision 4 of section 128-a of the agriculture and markets law
is REPEALED and subdivisions 5, 6, 7, 8, 9 and 10 are renumbered  subdi-
visions 4, 5, 6, 7, 8 and 9.
  S 3. Subdivision 3 of section 133-a of the agriculture and markets law
is REPEALED.
  S 4. Section 90-b of the state finance law is REPEALED.
  S 5. This act shall take effect immediately.

                                 PART O

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART P

  Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
laws of 2012 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue  funds - other/state operations, miscellaneous special revenue fund -
339, energy research and planning account, and special revenue  funds  -
other/aid to localities, miscellaneous special revenue fund - 339, ener-

S. 6258--C                         36

gy  research  and planning account shall be subject to the provisions of
this section. Notwithstanding  the  provisions  of  subdivision  4-a  of
section 18-a of the public service law, all moneys committed or expended
shall  be reimbursed by assessment against gas corporations and electric
corporations as defined in section 2 of the public service law, and  the
total  amount  which may be charged to any gas corporation and any elec-
tric corporation shall not exceed one cent per one thousand  cubic  feet
of  gas sold and .010 cent per kilowatt-hour of electricity sold by such
corporations in their intrastate utility  operations  in  calendar  year
2010.  Such  amounts  shall  be  excluded  from  the  general assessment
provisions of subdivision 2 of section 18-a of the public  service  law,
but shall be billed and paid in the manner set forth in such subdivision
and  upon  receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The director of the budget shall not issue  a  certificate  of  approval
with  respect  to the commitment and expenditure of moneys hereby appro-
priated until the chair of such authority shall have submitted, and  the
director  of  the  budget shall have approved, a comprehensive financial
plan encompassing all moneys available to and  all  anticipated  commit-
ments  and  expenditures by such authority from any source for the oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART Q
                          Intentionally omitted

                                 PART R

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to  make  loans,  as
amended  by  section  1  of part G of chapter 60 of the laws of 2011, is
amended to read as follows:
  S 2. This act shall take effect immediately  provided,  however,  that
section  one  of  this act shall expire on July 1, [2012] 2013, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be  deemed  repealed;  provided,
however,  that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of  such  subdivision  prior  to
such expiration and repeal.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART S

  Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
of  the  laws of 1968, constituting the New York state urban development
corporation act, as amended by section 1 of part KK of chapter 59 of the
laws of 2008, is amended to read as follows:
  3. The provisions of this section shall  expire,  notwithstanding  any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of

S. 6258--C                         37

the  laws  of  1996  or  of any other law, [upon the effective date of a
chapter of the laws of 2009 which appropriates funds for  the  principal
support  of  the  urban  development corporation for the 2009-2010 state
fiscal year] ON APRIL 1, 2013.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009.

                                 PART T
                          Intentionally omitted

                                 PART U

  Section 1. Subdivision 1 of section 218 of the state finance  law,  as
amended  by  chapter  424  of  the  laws  of 2009, is amended to read as
follows:
  1. Linked loans made to certified businesses in  empire  zones  or  to
eligible businesses in highly distressed areas or to eligible businesses
that are defined in paragraph (b-1) of subdivision eleven of section two
hundred thirteen of this article that are located in a renewal community
or defined in paragraph (b-2) of such subdivision that are located in an
empowerment  zone or defined in paragraph (b-3) of such subdivision that
are located  in  an  enterprise  community,  respectively  for  eligible
projects  defined  in paragraph (c) of subdivision twelve of section two
hundred thirteen of this article or to minority- or women-owned business
enterprises for an eligible project defined in paragraph (e) of subdivi-
sion twelve of section two hundred thirteen of  this  article  or  to  a
defense  industry manufacturer for a project defined in paragraph (d) of
subdivision twelve of section two hundred thirteen of this article OR TO
AN ELIGIBLE BUSINESS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ELEVEN  OF
SECTION  TWO  HUNDRED  THIRTEEN  OF  THIS ARTICLE THAT PRODUCES PRODUCTS
DEFINED IN SUBDIVISION TWO OF SECTION THREE HUNDRED ONE OF THE  AGRICUL-
TURE AND MARKETS LAW FOR AN ELIGIBLE PROJECT AS DEFINED IN PARAGRAPH (B)
OF  SUBDIVISION  TWELVE  OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE
shall bear interest at a fixed rate equal  to  three  percentage  points
below the fixed interest rate the lender would have charged for the loan
in  the  absence of a linked deposit based on its usual credit consider-
ations.  All other linked loans shall bear  interest  at  a  fixed  rate
equal  to two percentage points below the fixed interest rate the lender
would have charged for the loan in the absence of a linked deposit based
on its usual credit considerations. Lenders shall certify to the commis-
sioner of economic development that the rate to be charged on  a  linked
loan  is  two  percentage points or three percentage points, as the case
may be, below the interest rate the lender would have  charged  for  the
loan in the absence of a linked deposit.
  S 2.  Paragraph (a) of subdivision 11 and paragraph (b) of subdivision
12  of  section 213 of the state finance law, as added by chapter 705 of
the laws of 1993, are amended to read as follows:
  (a) a manufacturing firm OR AGRICULTURAL BUSINESS which  employs  five
hundred or fewer employees within the state on a full-time basis; or
  (b)  for manufacturing, AGRICULTURAL and service firms, projects which
involve the preparation of strategic plans  for  improving  productivity
and  competitiveness;  the  introduction  of  modern equipment and/or an
expansion of facilities as part of a modernization plan;  the  introduc-
tion  of  advanced  technologies  to  improve  productivity and quality;
improvements in production processes and operations, INCLUDING  AGRICUL-

S. 6258--C                         38

TURAL  OPERATIONS;  introduction  of computerized information, reporting
and control systems; reorganization or improvement of work place systems
and  the  introduction  of  total  quality  and  employee  participation
programs;  development  and introduction of new products; identification
and development of new markets, including entry  into  foreign  markets;
financial  restructuring  for  purposes of enabling modernization activ-
ities; buyouts of viable companies by employees or local owners residing
in the state; and the provision of working capital for other  moderniza-
tion  activities  that will improve the competitiveness and productivity
of a firm and result in the creation or retention of jobs; or
  S 3. This act shall take effect immediately.

                                 PART V

  Section 1. Notwithstanding any other law, rule or  regulation  to  the
contrary,  expenses of the department of health public service education
program incurred pursuant to appropriations from  the  cable  television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART W
                          Intentionally Omitted

                                 PART X
                          Intentionally omitted

                                 PART Y
                          Intentionally omitted

                                 PART Z
                          Intentionally omitted

                                 PART AA

  Section 1. Paragraph (b) of subdivision  2  of  section  2975  of  the
public  authorities law, as amended by section 1 of part J of chapter 60
of the laws of 2011, is amended to read as follows:
  (b) On or before November first, two thousand three and on  or  before
November first of each year thereafter, the director of the budget shall
determine  the  amount  owed  under  this section by each public benefit
corporation. The director of the budget may reduce, in  whole  or  part,
the amount of such assessment if the payment thereof would necessitate a
state  appropriation  for  the  purpose,  or  would  otherwise impose an
extraordinary hardship upon the affected public benefit corporation. The
aggregate amount assessed under this section in any given  state  fiscal
year may not exceed [sixty] SIXTY-TWO million dollars.
  S 2. This act shall take effect immediately.

                                 PART BB
                          Intentionally omitted

S. 6258--C                         39

                                 PART CC
                          Intentionally omitted

                                 PART DD
                          Intentionally omitted

                                 PART EE

  Section 1. Section 12 of the transportation law, as amended by chapter
5 of the laws of 1998, is amended to read as follows:
  S 12. Offices  of  the department. The principal office of the depart-
ment of transportation shall  be  in  the  county  of  Albany.  [Branch]
REGIONAL BRANCH offices [may] SHALL be established and maintained by the
department  in  [such  places as the commissioner may determine, and for
which] ELEVEN REGIONS ACROSS THE STATE,  IN  ACCORDANCE  WITH  appropri-
ations  [are]  made by the legislature, IN THE FOLLOWING AREAS: REGION 1
(CAPITAL DISTRICT) IN THE COUNTY OF ALBANY, REGION 2 (MOHAWK VALLEY)  IN
THE  CITY OF UTICA, REGION 3 (CENTRAL NEW YORK) IN THE CITY OF SYRACUSE,
REGION 4 (GENESEE VALLEY) IN THE CITY OF ROCHESTER,  REGION  5  (WESTERN
NEW  YORK)  IN  THE CITY OF BUFFALO, REGION 6 (SOUTHERN TIER/CENTRAL NEW
YORK) IN THE CITY OF HORNELL, REGION 7 (NORTH COUNTRY) IN  THE  CITY  OF
WATERTOWN,  REGION 8 (HUDSON VALLEY) IN THE CITY OF POUGHKEEPSIE, REGION
9 (SOUTHERN TIER) IN THE CITY OF BINGHAMTON, REGION 10 (LONG ISLAND)  IN
THE  HAMLET  OF  HAUPPAUGE, AND REGION 11 (NEW YORK CITY) IN THE CITY OF
NEW YORK.
  S 2. This act shall take effect immediately.

                                 PART FF

  Section 1. Subdivision 4 of section 410 of  the  vehicle  and  traffic
law,  as  amended by chapter 137 of the laws of 1989, is amended to read
as follows:
  4. Times for registration and reregistration. Registration applied for
and certificates issued under any application shall  expire  on  a  date
determined  by  the  commissioner. Registration shall be renewed period-
ically in the same manner and upon payment of the  same  annual  fee  as
provided  in this section for registration, to take effect and to expire
on dates to be determined by the commissioner, PROVIDED THAT MOTORCYCLES
MAY BE REGISTERED FOR A PERIOD OF EITHER ONE YEAR OR TWO  YEARS  AT  THE
OPTION  OF  THE  REGISTRANT WITH THE FEE FOR A TWO-YEAR REGISTRATION NOT
MORE THAN DOUBLE THE FEE FOR A ONE-YEAR REGISTRATION.  Provided,  howev-
er, that the commissioner shall have authority to fix the length of time
for  which  any  such  vehicle  which is registered without fee shall be
registered. Provided further, however, that renewal  of  a  registration
may be used preceding the expiration date of such registration including
such expiration date.
  S 2. Subdivision 2 of section 405-g of the vehicle and traffic law, as
added by chapter 755 of the laws of 1987, is amended to read as follows:
  2. Any fee paid directly to the commissioner for the registration of a
vehicle  OR  MOTORCYCLE  for  operation  within  this  state  under  the
provisions of this article which is to be paid  into  the  general  fund
pursuant  to  section  four  hundred  five-f  of  this  article shall be
refunded, less the sum of five dollars, provided that  the  commissioner
is  satisfied  that  the  registration  has not been used and all number

S. 6258--C                         40

plates, cab cards, and other documents  have  been  surrendered  to  the
commissioner  within  two  months after the date the fee was paid or the
beginning of the registration period  for  which  the  registration  was
issued, whichever comes later and application therefor is filed with the
commissioner  within  the period of validity for which such registration
was issued.
  S 3. Subdivision 3 of section 405-g of the vehicle and traffic law, as
added by chapter 755 of the laws of 1987, is amended to read as follows:
  3. Any fee paid to any other jurisdiction on behalf of this state  for
operation  of a vehicle OR A MOTORCYCLE within this state which has been
forwarded to the commissioner by that  jurisdiction  shall  be  refunded
less  the  sum of five dollars provided the jurisdiction which collected
the fee has refunded to the applicant any fee collected by  that  juris-
diction  on  its behalf and any number plate, cab card or other document
affecting operation in this state has been surrendered to such jurisdic-
tion and the commissioner is satisfied that any such plate, cab card  or
other  document  has  not been used within this state and an application
for refund is made within the period of validity for which  such  regis-
tration was issued.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.

                                 PART GG

  Section 1. Short title. This act shall be known and may  be  cited  as
the  "bridge  and road investment and dedicated fund guaranteed enforce-
ment (BRIDGE) reform act".
  S 2. Paragraph a of subdivision 5 of section 89-b of the state finance
law, as amended by section 1 of part B of chapter  84  of  the  laws  of
2002, is amended to read as follows:
  a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
following appropriation by the legislature, be  utilized  for:    recon-
struction,  replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village  roads,  highways,
parkways,  and  bridges  thereon,  to  restore  such facilities to their
intended  functions;  construction,  reconstruction,   enhancement   and
improvement  of  state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for  traffic  mitigation  activities;  aviation
projects authorized pursuant to section fourteen-j of the transportation
law  and  for payments to the general debt service fund of amounts equal
to amounts required for service contract payments  related  to  aviation
projects  as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged  in  transportation  construction  and  recon-
struction  projects,  including  a  revolving  fund  for working capital
loans, and a bonding guarantee assistance  program  in  accordance  with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion  of  real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and  bridges  meet  or
exceed  their  optimum useful life; [expenses of control of snow and ice
on state highways by the department of transportation including but  not
limited  to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice  in  municipalities

S. 6258--C                         41

pursuant  to  section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to  section
twelve  of  the  highway  law,  and for expenses of arterial maintenance
agreements  with  cities pursuant to section three hundred forty-nine of
the highway law;] personal services and  fringe  benefit  costs  of  the
department  of  transportation  for  bus  safety  inspection activities;
[costs of the department of motor vehicles, including but not limited to
personal and nonpersonal services;] costs of engineering and administra-
tive services of the department of  transportation,  including  but  not
limited  to  fringe  benefits; the contract services provided by private
firms in accordance with section fourteen  of  the  transportation  law;
personal services and nonpersonal services, for activities including but
not  limited  to  the  preparation of designs, plans, specifications and
estimates; construction management and supervision activities; costs  of
appraisals,  surveys,  testing  and  environmental impact statements for
transportation projects; expenses in connection with  buildings,  equip-
ment,  materials  and  facilities  used or useful in connection with the
maintenance, operation, and repair of  highways,  parkways  and  bridges
thereon;  and  project costs for: construction, reconstruction, improve-
ment, reconditioning and preservation of  rail  freight  facilities  and
intercity  rail passenger facilities and equipment; construction, recon-
struction, improvement, reconditioning and preservation of state, munic-
ipal and privately owned ports; construction,  reconstruction,  improve-
ment,  reconditioning  and preservation of municipal airports; privately
owned airports and aviation capital facilities, excluding airports oper-
ated by the state or operated by a bi-state municipal corporate  instru-
mentality  for  which  federal  funding  is  not  available provided the
project  is  consistent  with  an  approved  airport  layout  plan;  and
construction,  reconstruction,  enhancement,  improvement,  replacement,
reconditioning, restoration, rehabilitation and preservation  of  state,
county,  town,  city  and village roads, highways, parkways and bridges;
and construction, reconstruction, improvement, reconditioning and  pres-
ervation  of  fixed  ferry  facilities  of municipal and privately owned
ferry lines for transportation purposes, and the payment of debt service
required on any bonds, notes or other obligations and  related  expenses
for highway, parkway, bridge and project costs for: construction, recon-
struction,  improvement, reconditioning and preservation of rail freight
facilities  and  intercity  rail  passenger  facilities  and  equipment;
construction,  reconstruction, improvement, reconditioning and preserva-
tion of state, municipal and privately owned ports; construction, recon-
struction, improvement, reconditioning  and  preservation  of  municipal
airports;  privately  owned  airports  and  aviation capital facilities,
excluding airports operated by the  state  or  operated  by  a  bi-state
municipal  corporate  instrumentality  for  which federal funding is not
available provided the project is consistent with  an  approved  airport
layout  plan;  construction,  reconstruction,  enhancement, improvement,
replacement, reconditioning, restoration, rehabilitation  and  preserva-
tion  of state, county, town, city and village roads, highways, parkways
and bridges; and construction, reconstruction, improvement, recondition-
ing and preservation of fixed ferry facilities of municipal and private-
ly owned ferry lines for transportation purposes, purposes authorized on
or after the effective date of this section.  Beginning  with  disburse-
ments  made  on and after the first day of April, nineteen hundred nine-
ty-three, moneys in such fund shall be available to pay  such  costs  or
expenses made pursuant to appropriations or reappropriations made during
the  state  fiscal  year  which  began  on  the first of April, nineteen

S. 6258--C                         42

hundred ninety-two. Beginning the first day of April,  nineteen  hundred
ninety-three, moneys in such fund shall also be used for payments to the
general  debt  service  fund  of  amounts  equal to amounts required for
service  contract  payments  as provided and authorized by section three
hundred eighty of the public authorities law and by  section  eleven  of
chapter  three hundred twenty-nine of the laws of nineteen hundred nine-
ty-one, as amended.
  S 3. Paragraph a of subdivision 5 of section 89-b of the state finance
law, as amended by section 1 of part D of chapter 151  of  the  laws  of
2001, is amended to read as follows:
  a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
following appropriation by the legislature, be  utilized  for:    recon-
struction,  replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village  roads,  highways,
parkways,  and  bridges  thereon,  to  restore  such facilities to their
intended  functions;  construction,  reconstruction,   enhancement   and
improvement  of  state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for  traffic  mitigation  activities;  aviation
projects authorized pursuant to section fourteen-j of the transportation
law  and  for payments to the general debt service fund of amounts equal
to amounts required for service contract payments  related  to  aviation
projects  as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged  in  transportation  construction  and  recon-
struction  projects,  including  a  revolving  fund  for working capital
loans, and a bonding guarantee assistance  program  in  accordance  with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion  of  real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and  bridges  meet  or
exceed  their  optimum useful life; [expenses of control of snow and ice
on state highways by the department of transportation including but  not
limited  to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice  in  municipalities
pursuant  to  section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to  section
twelve  of  the  highway  law,  and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred  forty-nine  of
the  highway  law;]  personal  services  and fringe benefit costs of the
department of transportation for bus safety inspection activities; costs
of engineering and administrative services of the department  of  trans-
portation,  including  but  not limited to fringe benefits; the contract
services provided by private firms in accordance with  section  fourteen
of  the  transportation law; personal services and nonpersonal services,
for activities including but not limited to the preparation of  designs,
plans,  specifications and estimates; construction management and super-
vision activities; costs of appraisals, surveys,  testing  and  environ-
mental  impact  statements  for  transportation  projects;  expenses  in
connection with buildings, equipment, materials and facilities  used  or
useful  in  connection  with  the  maintenance, operation, and repair of
highways,  parkways  and  bridges  thereon;  and  project   costs   for:
construction,  reconstruction, improvement, reconditioning and preserva-
tion of rail freight facilities and intercity rail passenger  facilities
and equipment; construction, reconstruction, improvement, reconditioning

S. 6258--C                         43

and   preservation  of  state,  municipal  and  privately  owned  ports;
construction, reconstruction, improvement, reconditioning and  preserva-
tion  of municipal airports; privately owned airports and aviation capi-
tal  facilities, excluding airports operated by the state or operated by
a bi-state municipal corporate instrumentality for which federal funding
is not available provided the project is  consistent  with  an  approved
airport  layout  plan;  and  construction,  reconstruction, enhancement,
improvement, replacement,  reconditioning,  restoration,  rehabilitation
and  preservation  of state, county, town, city and village roads, high-
ways, parkways and bridges; and construction,  reconstruction,  improve-
ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
municipal and privately owned ferry lines for  transportation  purposes,
and  the  payment  of debt service required on any bonds, notes or other
obligations and  related  expenses  for  highway,  parkway,  bridge  and
project  costs  for: construction, reconstruction, improvement, recondi-
tioning and preservation of rail freight facilities and  intercity  rail
passenger   facilities   and  equipment;  construction,  reconstruction,
improvement, reconditioning and preservation  of  state,  municipal  and
privately owned ports; construction, reconstruction, improvement, recon-
ditioning  and  preservation  of  municipal  airports;  privately  owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate  instrumentality
for  which  federal  funding  is  not  available provided the project is
consistent with an approved airport layout  plan;  construction,  recon-
struction, enhancement, improvement, replacement, reconditioning, resto-
ration, rehabilitation and preservation of state, county, town, city and
village  roads, highways, parkways and bridges; and construction, recon-
struction, improvement, reconditioning and preservation of  fixed  ferry
facilities  of municipal and privately owned ferry lines for transporta-
tion purposes, purposes authorized on or after  the  effective  date  of
this  section.  Beginning with disbursements made on and after the first
day of April, nineteen hundred ninety-three, moneys in such  fund  shall
be  available  to  pay such costs or expenses made pursuant to appropri-
ations or reappropriations made during the state fiscal year which began
on the first of April, nineteen hundred ninety-two. Beginning the  first
day  of  April, nineteen hundred ninety-three, moneys in such fund shall
also be used for payments to the general debt service  fund  of  amounts
equal  to amounts required for service contract payments as provided and
authorized by section three hundred eighty of the public authorities law
and by section eleven of chapter three hundred twenty-nine of  the  laws
of nineteen hundred ninety-one, as amended.
  S 4. Subdivision 5 of section 89-b of the state finance law is amended
by adding two new paragraphs c and d to read as follows:
  C.  MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
BY  THE  LEGISLATURE  FOR  EXPENSES  OF CONTROL OF SNOW AND ICE ON STATE
HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING BUT  NOT  LIMITED
TO  PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE BENEFITS, PAYMENT
OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNICIPALITIES  PURSUANT
TO  SECTION  FIFTY-FIVE  OF THE HIGHWAY LAW, EXPENSES OF CONTROL OF SNOW
AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT TO  SECTION  TWELVE
OF  THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAINTENANCE AGREEMENTS
WITH CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-NINE OF THE  HIGHWAY
LAW SHALL NOT EXCEED:
  (I)  $252  MILLION FOR FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN;

S. 6258--C                         44

  (II) $189 MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO  THOUSAND
FIFTEEN;
  (III)  $126 MILLION FOR FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN; AND
  (IV) $63 MILLION FOR FISCAL YEAR TWO  THOUSAND  SIXTEEN--TWO  THOUSAND
SEVENTEEN.
  (V)  FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN AND
FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR EXPENSES OF CONTROL OF  SNOW
AND  ICE ON STATE HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING
BUT NOT LIMITED TO PERSONAL SERVICES, NONPERSONAL  SERVICES  AND  FRINGE
BENEFITS,  PAYMENT OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNI-
CIPALITIES PURSUANT TO SECTION FIFTY-FIVE OF THE HIGHWAY  LAW,  EXPENSES
OF  CONTROL OF SNOW AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT
TO SECTION TWELVE OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAIN-
TENANCE AGREEMENTS WITH CITIES PURSUANT TO SECTION THREE HUNDRED  FORTY-
NINE OF THE HIGHWAY LAW.
  D.  MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
BY THE LEGISLATURE FOR  COSTS  OF  THE  DEPARTMENT  OF  MOTOR  VEHICLES,
INCLUDING BUT NOT LIMITED TO PERSONAL AND NONPERSONAL SERVICES SHALL NOT
EXCEED:
  (I)  $156  MILLION FOR FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN;
  (II) $117 MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO  THOUSAND
FIFTEEN;
  (III)  $78  MILLION FOR FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN; AND
  (IV) $39 MILLION FOR FISCAL YEAR TWO  THOUSAND  SIXTEEN--TWO  THOUSAND
SEVENTEEN.
  (V)  FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN AND
FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR COSTS OF THE  DEPARTMENT  OF
MOTOR  VEHICLES,  INCLUDING  BUT NOT LIMITED TO PERSONAL AND NONPERSONAL
SERVICES.
  S 5. This act shall take effect immediately, provided that the  amend-
ments  to  paragraph  a  of  subdivision  5 of section 89-b of the state
finance law made by section two of this act  shall  be  subject  to  the
expiration and reversion of such paragraph pursuant to section 2 of part
B of chapter 84 of the laws of 2002, as amended, when upon such date the
provisions of section three of this act shall take effect.

                                 PART HH

  Section  1.  Section  9  of  part AA of chapter 60 of the laws of 2011
amending the environmental conservation law relating to saltwater recre-
ational fishing registrations is amended to read as follows:
  S 9. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 31, [2013] 2015.
  S 2. This act shall take effect immediately.

                                 PART II

  Section  1.  Subdivision  5  of  section  27-1012 of the environmental
conservation law, as added by section 8 of part SS of chapter 59 of  the
laws of 2009, is amended to read as follows:

S. 6258--C                         45

  5.  [All]  A.  THE  monies  collected or received by the department of
taxation and finance pursuant to this title shall be  deposited  to  the
credit of the comptroller with such responsible banks, banking houses or
trust  companies  as may be designated by the comptroller. Such deposits
shall be kept separate and apart from all other moneys in the possession
of the comptroller. The comptroller shall require adequate security from
all  such  depositories. Of the total revenue collected, the comptroller
shall retain the amount determined by the commissioner of  taxation  and
finance  to  be  necessary for refunds out of which the comptroller must
pay any refunds to which a deposit  initiator  may  be  entitled.  After
reserving  the amount to pay refunds, the comptroller must, by the tenth
day of each month, pay into the state treasury  to  the  credit  of  the
general  fund  OR  INTO THE ENVIRONMENTAL PROTECTION FUND, IN ACCORDANCE
WITH THE SCHEDULE LISTED BELOW, the revenue deposited under this  subdi-
vision  during  the  preceding calendar month and remaining to the comp-
troller's credit on the last day of that preceding month. THE PORTION OF
THE REVENUE TO BE DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND AFTER
THE AMOUNT TO PAY REFUNDS HAS BEEN RESERVED SHALL BE:
  (I) TWENTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO  THOUSAND
THIRTEEN-TWO THOUSAND FOURTEEN;
  (II)  FORTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
FOURTEEN-TWO THOUSAND FIFTEEN;
  (III) SIXTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
FIFTEEN-TWO THOUSAND SIXTEEN;
  (IV) EIGHTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
SIXTEEN-TWO THOUSAND SEVENTEEN;
  (V) ONE HUNDRED MILLION DOLLARS IN FISCAL YEAR TWO THOUSAND SEVENTEEN-
TWO THOUSAND EIGHTEEN; AND
  (VI) ONE HUNDRED FOURTEEN MILLION DOLLARS IN FISCAL YEAR TWO  THOUSAND
EIGHTEEN-TWO THOUSAND NINETEEN AND EVERY YEAR THEREAFTER.
  B.  THE  MONIES ALLOCATED TO THE ENVIRONMENTAL PROTECTION FUND BY THIS
SUBDIVISION SHALL BE IN ADDITION TO ANY OTHER MONEY ALLOCATED OR  APPRO-
PRIATED TO THE FUND.
  S  2.  Subdivision  3  of  section  92-s  of the state finance law, as
amended by section 2 of part T of chapter 59 of the  laws  of  2009,  is
amended to read as follows:
  3.  Such  fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and  penalties  deposited
pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
amount of fees and penalties received from easements or leases  pursuant
to  subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service  charges  pursuant  to  section
four  hundred four-l of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve  fund  pursuant  to
section  two  hundred  ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
pursuant  to  section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
section  54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
hundred  ninety-six,  provided  however,  that such moneys shall only be
used for the cost of the purchase of private lands in the core  area  of
the  central  Suffolk  pine barrens pursuant to a consent order with the
Northville industries signed on  October  thirteenth,  nineteen  hundred
ninety-four  and  the related resource restoration and replacement plan,

S. 6258--C                         46

the amount of penalties required to  be  deposited  therein  by  section
71-2724 of the environmental conservation law, all moneys required to be
deposited  pursuant to article thirty-three of the environmental conser-
vation  law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law[, as added by a chapter of
the laws of two thousand nine], all moneys collected pursuant  to  title
thirty-three  of article fifteen of the environmental conservation law[,
as added by a chapter of the laws of  two  thousand  nine],  ALL  MONEYS
REQUIRED  TO  BE  DEPOSITED  PURSUANT TO SECTION 27-1012 OF THE ENVIRON-
MENTAL CONSERVATION LAW and all other  moneys  credited  or  transferred
thereto  from any other fund or source pursuant to law. All such revenue
shall be initially deposited into the environmental protection fund, for
application as provided in subdivision five of this section.
  S 3. This act shall take effect immediately.

                                 PART JJ

  Section 1. Subdivision 3  of  section  19-0323  of  the  environmental
conservation  law,  as  amended by section 1 of part BB of chapter 60 of
the laws of 2011 and the closing paragraph as added by  chapter  629  of
the laws of 2006, is amended to read as follows:
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
or  on  behalf  of,  or  leased by a state agency and state and regional
public authority with more than half of its governing body appointed  by
the  governor  shall  utilize the best available retrofit technology for
reducing the emission of pollutants. The commissioner  shall  promulgate
regulations  for  the implementation of this subdivision specifying that
all vehicles covered by  this  subdivision  shall  have  best  available
retrofit technology on or before December 31, [2012] 2015.
  This  subdivision shall not apply to any vehicle subject to a lease or
public works contract entered into or renewed  prior  to  the  effective
date of this section.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after December 31, 2012.

                                 PART KK

  Section 1. Subdivision 2 of section 89-c of the state finance law,  as
added by chapter 329 of the laws of 1991, is amended to read as follows:
  2.  (A)  The dedicated mass transportation trust fund shall consist of
all moneys collected therefor or credited or  transferred  thereto  from
any  other  fund,  account or source. Any interest received by the comp-
troller on moneys on deposit in the dedicated mass transportation  trust
fund shall be retained in and become a part of such fund.
  (B)  AMOUNTS  APPROPRIATED  TO THE DEPARTMENT OF TRANSPORTATION IN THE
NEW YORK STATE BUDGET FY TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN FROM
THE DEDICATED MASS TRANSPORTATION TRUST FUND,  ESTABLISHED  PURSUANT  TO
THIS  SECTION  FOR  PAYMENT  TO THE FOLLOWING PUBLIC AUTHORITIES MUST BE
DISBURSED BY THE DIRECTOR OF THE BUDGET, IN ACCORDANCE WITH  THE  TRADI-
TIONAL  SERVICE  AND  USAGE  FORMULA  ESTABLISHED BY THE COMMISSIONER OF
TRANSPORTATION WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, NO LATER
THAN DECEMBER FIRST, TWO THOUSAND TWELVE: NIAGARA  FRONTIER  TRANSPORTA-
TION   AUTHORITY   ESTABLISHED   PURSUANT   TO  SECTION  TWELVE  HUNDRED
NINETY-NINE-C OF THE PUBLIC AUTHORITIES LAW, ROCHESTER-GENESEE  REGIONAL
TRANSPORTATION  AUTHORITY ESTABLISHED PURSUANT TO SECTION TWELVE HUNDRED
NINETY-NINE-DD OF THE PUBLIC AUTHORITIES LAW, CAPITAL DISTRICT TRANSPOR-

S. 6258--C                         47

TATION AUTHORITY ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED  THREE
OF THE PUBLIC AUTHORITIES LAW, AND CENTRAL NEW YORK REGIONAL TRANSPORTA-
TION  AUTHORITY ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED TWENTY-
EIGHT OF THE PUBLIC AUTHORITIES LAW.
  S 2. This act shall take effect immediately.

                                 PART LL

  Section 1. Section 14 of the transportation law is amended by adding a
new subdivision 36 to read as follows:
  36. TO ISSUE THE FOLLOWING REPORTS TO KEEP THE GOVERNOR, THE TEMPORARY
PRESIDENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF
THE TRANSPORTATION  AND  FISCAL  COMMITTEES  OF  THE  LEGISLATURE  FULLY
INFORMED  ON  THE  PROGRESS  OF  DELIVERING  OF ANY CAPITAL PROJECTS, AS
DEFINED IN SUBDIVISION TWO-A OF SECTION TWO OF THE  STATE  FINANCE  LAW,
INCLUDING  PROJECTS RECEIVING FUNDS PURSUANT TO NEW YORK WORKS AS APPRO-
PRIATED IN THE NEW YORK STATE BUDGET FY 2012-2013:
  (A) (1) THE DEPARTMENT SHALL ANNUALLY  PROVIDE,  ON  OR  BEFORE  MARCH
FIRST, A REPORT ON DETAILS OF ALL OF THE DEPARTMENT'S STATE SYSTEM CAPI-
TAL  PROJECTS  AND LOCAL SYSTEM CAPITAL PROJECTS, AS DEFINED IN SUBDIVI-
SION TWO-A OF SECTION TWO OF THE STATE FINANCE LAW,  INCLUDING  PROJECTS
RECEIVING  FUNDS  PURSUANT  TO NEW YORK WORKS AS APPROPRIATED IN THE NEW
YORK STATE BUDGET FY 2012-2013 INCLUDING, BUT NOT LIMITED TO,
  (I) THE PAYMENT OF CAPITAL COSTS, INCLUDING ACQUISITION OF REAL  PROP-
ERTY, ENGINEERING SERVICES, AND PAYMENT OF LIABILITIES INCURRED RELATING
TO  THE  CONSTRUCTION AND IMPROVEMENT OF STATE AND LOCAL HIGHWAYS, PARK-
WAYS, BRIDGES, THE NEW YORK STATE THRUWAY, INDIAN RESERVATION ROADS, AND
FACILITIES FOR WHICH THE RESPONSIBILITY IS VESTED WITH  THE  DEPARTMENT,
INCLUDING WORK APPURTENANT AND ANCILLARY THERETO;
  (II)  PROJECT  COSTS  FOR CONSTRUCTION, RECONSTRUCTION, RECONDITIONING
AND PRESERVATION, AND THE ACQUISITION OF PROPERTY;
  (III) PERSONAL SERVICES, FRINGE BENEFITS,  NONPERSONAL  SERVICES,  AND
CONTRACT SERVICES PROVIDED BY PRIVATE FIRMS FOR ACTIVITIES INCLUDING BUT
NOT  LIMITED  TO  THE  PREPARATION OF DESIGNS, PLANS, SPECIFICATIONS AND
ESTIMATES;
  (IV) CONSTRUCTION MANAGEMENT AND SUPERVISION;
  (V) APPRAISALS, SURVEYS, TESTING, AND ENVIRONMENTAL IMPACT STATEMENTS;
AND
  (VI) CONTRACTUAL ARRANGEMENTS WITH  OTHER  STATE  ENTITIES  AND  LOCAL
ENTITIES.
  (2)  THE REPORT SHALL PROVIDE THE FOLLOWING INFORMATION ON PROJECTS BY
EACH OF THE ELEVEN REGIONAL BRANCH OFFICES OF THE DEPARTMENT:
  (I) THE CONDITION OF STATE HIGHWAY PAVEMENTS;
  (II) THE CONDITION OF STATE BRIDGES;
  (III) CONDITION GOALS FOR STATE HIGHWAYS AND BRIDGES AT THE END OF ANY
STATE SYSTEM CAPITAL  PROJECT  AND  LOCAL  SYSTEM  CAPITAL  PROJECT,  AS
DEFINED  IN  SUBDIVISION  TWO-A OF SECTION TWO OF THE STATE FINANCE LAW,
INCLUDING PROJECTS RECEIVING FUNDS PURSUANT TO NEW YORK WORKS AS  APPRO-
PRIATED IN THE NEW YORK STATE BUDGET FY 2012-2013;
  (IV) AN EXPLANATION OF ANY CHANGE TO SUCH CONDITION GOALS; AND
  (V) A SUMMARY OF THE PROPOSED PROGRAM BY TYPE OF WORK AND FUND SOURCE.
  (3)  THIS  REPORT  SHALL  BE  SUPPLEMENTED  BY THE ANNUAL REPORTING ON
PREVENTIVE MAINTENANCE REQUIRED UNDER SECTION TEN-D OF THE HIGHWAY LAW.
  (B) THE DEPARTMENT  SHALL  PROVIDE  QUARTERLY  UPDATES,  WHICH  DETAIL
PROJECTS  BY  EACH  OF THE ELEVEN REGIONAL BRANCH OFFICES OF THE DEPART-
MENT, ON THE FOLLOWING INFORMATION:

S. 6258--C                         48

  (1) THE CURRENT LETTING PROGRAM;
  (2)  OBLIGATION  OF REBUILD AND RENEW NEW YORK TRANSPORTATION BOND ACT
OF 2005 FUNDS AND STATE DEDICATED FUNDS; AND
  (3) OBLIGATION OF FUNDS FOR ENGINEERING SERVICES.
  (C) THE DEPARTMENT SHALL ISSUE A REPORT SEMI-ANNUALLY BY  MARCH  FIRST
AND NOVEMBER FIRST WHICH DETAILS PROJECTS BY EACH OF THE ELEVEN REGIONAL
BRANCH  OFFICES OF THE DEPARTMENT THAT ARE EXPECTED TO BE ADVERTISED FOR
PUBLIC BID IN THE SUBSEQUENT SIX-MONTH PERIOD. THIS REPORT SHALL INCLUDE
A PROJECT DESCRIPTION, PROPOSED MONTH OF LETTING, A PROJECT  IDENTIFICA-
TION  NUMBER,  AND  AN  INDICATOR  OF PROJECT SIZE. THE DEPARTMENT SHALL
ISSUE BY JULY FIRST OF EACH YEAR A REPORT PROVIDING ACTUAL LETTING DATES
AND CONTRACT AMOUNTS FOR EACH PROJECT LET  IN  THE  PRIOR  STATE  FISCAL
YEAR.
  (D)  THE  DEPARTMENT SHALL PROVIDE BI-MONTHLY ELECTRONIC REPORTS WHICH
DETAIL, BY EACH OF THE ELEVEN REGIONAL BRANCH OFFICES OF THE DEPARTMENT,
THE STATUS OF EACH CAPITAL PROJECT, AS DEFINED IN SUBDIVISION  TWO-A  OF
SECTION TWO OF THE STATE FINANCE LAW, INCLUDING PROJECTS RECEIVING FUNDS
PURSUANT  TO NEW YORK WORKS AS APPROPRIATED IN THE NEW YORK STATE BUDGET
FY 2012-2013, UNTIL THE AWARD OF A CONSTRUCTION CONTRACT.  THE  REPORTS,
WHICH  SHALL  BEGIN  APRIL  FIRST, TWO THOUSAND TWELVE, WILL PROVIDE FOR
EACH PROJECT:
  (1) COST ESTIMATES AND FUNDING SOURCES;
  (2) SCHEDULE FOR PHASES OF WORK INCLUDING SCOPING,  PRELIMINARY  ENGI-
NEERING, RIGHT-OF-WAY, FINAL DESIGN, AND CONSTRUCTION; AND
  (3) THE PROJECT LOCATION AND DESCRIPTION.
  (E)  (1) FOR STATE PROCESS PROJECTS SCHEDULED TO OBLIGATE CONSTRUCTION
FUNDS UNDER NEW YORK AS APPROPRIATED IN THE NEW  YORK  STATE  BUDGET  FY
2012-2013,  THE  DEPARTMENT  SHALL  PROVIDE SEMI-ANNUALLY BY EACH OF THE
ELEVEN REGIONAL BRANCH OFFICES  OF  THE  DEPARTMENT,  A  LIST  OF  THOSE
PROJECTS  THAT  HAVE EXPERIENCED "MAJOR SCHEDULE CHANGES" OR "MAJOR COST
CHANGES" IN LETTING SCHEDULE AND/OR CONSTRUCTION COST SINCE  THE  EFFEC-
TIVE DATE OF THIS SUBDIVISION.
  (2) THE REPORT SHALL INCLUDE FOR EACH PROJECT:
  (I) PROJECT IDENTIFICATION NUMBER/DESCRIPTION;
  (II) ORIGINAL AND REVISED CONSTRUCTION COST ESTIMATES;
  (III) CHANGES IN CONSTRUCTION COST AFTER CONTRACT AWARD;
  (IV) ORIGINAL AND REVISED LETTING DATES; AND
  (V) A DETAILED EXPLANATION OF WHY THE CHANGES OCCURRED.
  (3)  FOR PURPOSES OF THIS SECTION, THE TERM "MAJOR SCHEDULE CHANGE" IS
DEFINED AS A TWELVE-MONTH OR MORE DELAY IN THE  LETTING  DATE,  AND  THE
TERM  "MAJOR  COST  CHANGES"  IS  DEFINED  AS A GREATER THAN TWENTY-FIVE
PERCENT CHANGE FOR PROJECTS IN EXCESS OF FIFTEEN MILLION DOLLARS.
  (F) ON OR BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWELVE,  THE
COMMISSIONER  SHALL  SUBMIT  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE, AND THE SPEAKER OF THE ASSEMBLY A SPECIAL ADDITIONAL ASSESS-
MENT REPORT OF THE CONDITION OF THE STATE HIGHWAY AND BRIDGE SYSTEM  AND
THE  GOALS  OF THE DEPARTMENT'S CAPITAL PROJECTS, AS DEFINED IN SUBDIVI-
SION TWO-A OF SECTION TWO OF THE STATE FINANCE LAW, AS WELL AS NEW  YORK
WORKS  FOLLOWING  THE  DATE  OF  SUCH REPORT. SUCH REPORT SHALL DESCRIBE
PROGRESS ON THE MEASUREMENT OF THE STATE  HIGHWAY  SYSTEM  IN  TERMS  OF
MOBILITY  AND  RELIABILITY,  SAFETY,  ENVIRONMENTAL CONDITIONS, ECONOMIC
SUSTAINABILITY, AND SECURITY. IT  SHALL  INCLUDE  A  DISCUSSION  ON  THE
EFFORTS THE DEPARTMENT HAS TAKEN TO IMPROVE THE OPERATION OF THE SYSTEM.
IT  SHALL  IDENTIFY CORRIDORS OF STATEWIDE SIGNIFICANCE AND THEIR CONDI-
TION. SUCH REPORT SHALL DESCRIBE THE ASSET MANAGEMENT SYSTEM THE DEPART-
MENT IS UTILIZING TO MANAGE THE STATE HIGHWAY  AND  BRIDGE  SYSTEM,  AND

S. 6258--C                         49

MEASUREMENTS  FOR  EVALUATING SYSTEM PERFORMANCE. SUCH REPORT SHALL ALSO
RECOGNIZE THE IMPORTANCE OF ADDRESSING THE MOST URGENT REGIONAL NEEDS AS
DETERMINED BY  SUCH  MEASUREMENTS  AND  EVALUATION.  SUCH  REPORT  SHALL
INCLUDE A SECTION ON PEDESTRIAN AND BICYCLE SAFETY, INCLUDING AN ASSESS-
MENT  OF THE ADEQUACY OF DATA AND RECOMMENDATIONS ON ACTIONS AND INVEST-
MENTS THAT SHOULD BE UNDERTAKEN TO IMPROVE THE SAFETY OF PEDESTRIANS AND
BICYCLISTS UTILIZING THE TRANSPORTATION SYSTEM IN NEW YORK STATE.  NOTH-
ING  CONTAINED  HEREIN  SHALL BE DEEMED TO SUPERSEDE ANY OTHER REPORTING
REQUIREMENTS OTHERWISE IMPOSED UPON THE  DEPARTMENT  BY  LAW,  RULE,  OR
REGULATION.
  S 2. This act shall take effect immediately.

                                 PART MM

  Section 1. Subdivision 1 of section 310 of the executive law, as added
by chapter 261 of the laws of 1988, is amended to read as follows:
  1.  "Certified  business" shall mean a business verified as a minority
[or women-owned], WOMEN OR VETERAN-OWNED business enterprise pursuant to
section three hundred fourteen of this article.
  S 2. Section 310 of the executive law is amended  by  adding  two  new
subdivisions 23 and 24 to read as follows:
  23.  "VETERAN"  SHALL MEAN A RESIDENT OF THIS STATE, WHO HAS SERVED ON
ACTIVE DUTY IN THE UNITED STATES ARMY, NAVY, AIR  FORCE,  MARINE  CORPS,
COAST GUARD AND/OR RESERVES THEREOF, AND/OR THE ARMY NATIONAL GUARD, AIR
NATIONAL  GUARD,  NEW  YORK GUARD AND/OR THE NEW YORK NAVAL MILITIA, AND
WHO IS CURRENTLY IN SERVICE, OR HAS BEEN RELEASED FROM SUCH  SERVICE  BY
HONORABLE  DISCHARGE,  OR WHO HAS BEEN FURLOUGHED TO THE RESERVE AND WHO
SERVED IN A WAR, ARMED CONFLICT AND/OR OTHER HOSTILITIES.
  24. "VETERAN-OWNED BUSINESS ENTERPRISE" SHALL MEAN A  BUSINESS  ENTER-
PRISE,  INCLUDING  A  SOLE  PROPRIETORSHIP,  PARTNERSHIP, CORPORATION OR
LIMITED LIABILITY COMPANY THAT IS:
  (A) AT LEAST FIFTY-ONE PERCENT OWNED BY A VETERAN;
  (B) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP IS REAL, SUBSTANTIAL
AND CONTINUING;
  (C) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP  HAS  AND  EXERCISES
THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS
OF THE ENTERPRISE;
  (D)  AN  ENTERPRISE  AUTHORIZED TO DO BUSINESS IN THIS STATE AND INDE-
PENDENTLY OWNED AND OPERATED;
  (E) AN ENTERPRISE OWNED BY AN INDIVIDUAL OR INDIVIDUALS, WHOSE  OWNER-
SHIP,  CONTROL  AND  OPERATION ARE RELIED UPON FOR CERTIFICATION, WITH A
PERSONAL NET WORTH THAT DOES NOT EXCEED THREE MILLION FIVE HUNDRED THOU-
SAND DOLLARS, AS ADJUSTED ANNUALLY ON THE FIRST OF JANUARY FOR INFLATION
ACCORDING TO THE CONSUMER PRICE INDEX OF THE PREVIOUS YEAR; AND
  (F) AN ENTERPRISE THAT IS A SMALL  BUSINESS  PURSUANT  TO  SUBDIVISION
TWENTY OF THIS SECTION.
  S  3.  Subdivision 1 and paragraph (a) of subdivision 3 of section 311
of the executive law, subdivision 1 as amended by chapter 55 of the laws
of 1992 and paragraph (a) of subdivision 3 as added by  chapter  261  of
the laws of 1988, are amended to read as follows:
  1.  The head of the division of minority and women's business develop-
ment shall be the director who shall be appointed by  the  governor  and
hold office at the pleasure of the commissioner. It shall be the duty of
the  director  of the division of minority and women's business develop-
ment to assist the governor in the  formulation  and  implementation  of

S. 6258--C                         50

laws  and  policies  relating  to  minority [and women-owned], WOMEN AND
VETERAN-OWNED business enterprises.
  (a)  to  encourage and assist contracting agencies in their efforts to
increase participation by minority [and women-owned], WOMEN  AND  VETER-
AN-OWNED  business enterprises on state contracts and subcontracts so as
to facilitate the award of a fair share of such contracts to them;
  S 4. Section 313 of the executive law  is  amended  by  adding  a  new
subdivision 1-c to read as follows:
  1-C.  THE DIRECTOR SHALL ESTABLISH GOALS AND REQUIREMENTS FOR AGENCIES
AND CONTRACTORS. EACH AGENCY SHALL STRUCTURE PROCUREMENT PROCEDURES  FOR
CONTRACTS  MADE  DIRECTLY OR INDIRECTLY TO VETERAN-OWNED BUSINESS ENTER-
PRISES IN ACCORDANCE WITH SUCH  GOALS  AND  REQUIREMENTS.  THE  DIRECTOR
SHALL PROMULGATE RULES AND REGULATIONS PURSUANT TO THE GOALS ESTABLISHED
THAT   PROVIDE   MEASURES   AND  PROCEDURES  TO  ENSURE  THAT  CERTIFIED
VETERAN-OWNED BUSINESSES SHALL BE  GIVEN  THE  OPPORTUNITY  FOR  MAXIMUM
FEASIBLE  PARTICIPATION  IN  THE  PERFORMANCE  OF STATE CONTRACTS AND TO
ASSIST IN THE AGENCY'S IDENTIFICATION OF THOSE STATE CONTRACTS FOR WHICH
VETERAN-OWNED CERTIFIED BUSINESSES MAY BEST BID TO ACTIVELY AND AFFIRMA-
TIVELY PROMOTE AND ASSIST THEIR  PARTICIPATION  IN  THE  PERFORMANCE  OF
STATE  CONTRACTS  SO  AS  TO  FACILITATE THE AGENCY'S ACHIEVEMENT OF THE
MAXIMUM FEASIBLE PORTION OF THE GOALS FOR STATE CONTRACTS TO SUCH  BUSI-
NESSES.
  S  5.  Paragraphs  (a), (b), (d), (e), (f), (g) and (h) of subdivision
2-a of section 313 of the executive law, as added by chapter 175 of  the
laws of 2010, are amended to read as follows:
  (a) provide for the certification and decertification of minority [and
women-owned], WOMEN AND VETERAN-OWNED business enterprises for all agen-
cies through a single process that meets applicable requirements;
  (b) require that each contract solicitation document accompanying each
solicitation   set   forth   the   expected   degree  of  minority  [and
women-owned], WOMEN AND VETERAN-OWNED business enterprise  participation
based, in part, on:
  (i)  the  potential  subcontract  opportunities available in the prime
procurement contract; and
  (ii) the availability, as contained within  the  study,  of  certified
minority [and women-owned], WOMEN AND VETERAN-OWNED business enterprises
to respond competitively to the potential subcontract opportunities;
  (d)  allow  a  contractor  that  is  a  certified minority-owned [or],
women-owned, OR VETERAN-OWNED business enterprise to  use  the  work  it
performs  to meet requirements for use of certified minority-owned [or],
women-owned, OR VETERAN-OWNED business enterprises as subcontractors;
  (e) provide for joint ventures, which a bidder may count toward  meet-
ing  its  minority  [and  women-owned], WOMEN AND VETERAN-OWNED business
enterprise participation;
  (f) consistent with subdivision  six  of  this  section,  provide  for
circumstances  under  which  an  agency  may  waive  obligations  of the
contractor  relating  to   minority   [and   women-owned],   WOMEN   AND
VETERAN-OWNED business enterprise participation;
  (g)  require  that  an  agency verify that minority [and women-owned],
WOMEN AND VETERAN-OWNED business enterprises listed in a successful  bid
are actually participating to the extent listed in the project for which
the bid was submitted;
  (h)  provide  for  the  collection  of statistical data by each agency
concerning actual minority [and women-owned],  WOMEN  AND  VETERAN-OWNED
business enterprise participation; and

S. 6258--C                         51

  S  6.  Paragraph  (a) of subdivision 5 of section 313 of the executive
law, as amended by chapter 175 of the laws of 2010, is amended  to  read
as follows:
  (a)  Contracting  agencies  shall administer the rules and regulations
promulgated by the director in a good faith effort to meet  the  maximum
feasible  portion of the agency's goals adopted pursuant to this article
and the regulations of the director. Such rules and  regulations:  shall
require a contractor to submit a utilization plan after bids are opened,
when  bids  are  required,  but  prior to the award of a state contract;
shall require the contracting agency  to  review  the  utilization  plan
submitted  by  the  contractor  and to post the utilization plan and any
waivers of compliance issued pursuant to subdivision six of this section
on the website of the contracting agency within a reasonable  period  of
time as established by the director; shall require the contracting agen-
cy to notify the contractor in writing within a period of time specified
by  the  director  as  to any deficiencies contained in the contractor's
utilization plan; shall require remedy thereof within a period  of  time
specified  by the director; shall require the contractor to submit peri-
odic compliance reports relating to the operation and implementation  of
any  utilization  plan;  shall not allow any automatic waivers but shall
allow a contractor to apply for a partial or total waiver of the minori-
ty  [and  women-owned],  WOMEN  AND  VETERAN-OWNED  business  enterprise
participation  requirements  pursuant  to  subdivisions six and seven of
this section; shall allow a contractor to  file  a  complaint  with  the
director  pursuant  to  subdivision eight of this section in the event a
contracting agency has failed or refused to issue a waiver of the minor-
ity [and  women-owned],  WOMEN  AND  VETERAN-OWNED  business  enterprise
participation  requirements or has denied such request for a waiver; and
shall allow a contracting agency to file a complaint with  the  director
pursuant  to  subdivision nine of this section in the event a contractor
is failing or has failed to comply with the minority [and  women-owned],
WOMEN  AND  VETERAN-OWNED business enterprise participation requirements
set forth in the state contract where no waiver has been granted.
  S 7. Subdivisions 6, 7 and 9 of section 313 of the executive  law,  as
amended  by  chapter  175  of  the  laws  of 2010 are amended to read as
follows:
  6. Where it appears that a  contractor  cannot,  after  a  good  faith
effort,   comply   with   the  minority  [and  women-owned],  WOMEN  AND
VETERAN-OWNED business enterprise participation requirements  set  forth
in a particular state contract, a contractor may file a written applica-
tion with the contracting agency requesting a partial or total waiver of
such  requirements  setting  forth  the  reasons  for  such contractor's
inability to meet any or all of the participation requirements  together
with  an  explanation  of  the  efforts  undertaken by the contractor to
obtain the required minority [and women-owned], WOMEN AND  VETERAN-OWNED
business  enterprise  participation.  In  implementing the provisions of
this section, the contracting agency shall consider the number and types
of minority [and women-owned], WOMEN AND VETERAN-OWNED  business  enter-
prises  located  in  the  region  in  which  the state contract is to be
performed, the total dollar value of the state contract,  the  scope  of
work  to  be  performed and the project size and term. If, based on such
considerations, the contracting agency determines there is not a reason-
able availability of contractors on the list of  certified  business  to
furnish  services for the project, it shall issue a waiver of compliance
to the contractor. In making such determination, the contracting  agency
shall  first  consider  the  availability  of other business enterprises

S. 6258--C                         52

located in the region and shall thereafter consider the financial abili-
ty of minority [and women-owned],  WOMEN  AND  VETERAN-OWNED  businesses
located  outside  the region in which the contract is to be performed to
perform the state contract.
  7.  For  purposes  of  determining a contractor's good faith effort to
comply with the requirements of this section or  to  be  entitled  to  a
waiver therefrom the contracting agency shall consider:
  (a)  whether  the  contractor  has  advertised  in general circulation
media, trade association publications, and minority-focus and  women-fo-
cus  media and, in such event, (i) whether or not certified minority [or
women-owned], WOMEN OR VETERAN-OWNED businesses which have been solicit-
ed by the contractor exhibited interest in submitting  proposals  for  a
particular project by attending a pre-bid conference; and
  (ii)  whether  certified  businesses  which have been solicited by the
contractor have responded in a timely fashion to the contractor's solic-
itations for timely competitive bid quotations prior to the  contracting
agency's bid date; and
  (b)  whether there has been written notification to appropriate certi-
fied businesses that appear in the  directory  of  certified  businesses
prepared pursuant to paragraph (f) of subdivision three of section three
hundred eleven of this article; and
  (c) whether the contractor can reasonably structure the amount of work
to  be  performed under subcontracts in order to increase the likelihood
of participation by certified businesses.
  9. If, after the review of a contractor's minority [and women  owned],
WOMEN AND VETERAN-OWNED business utilization plan or review of a period-
ic  compliance  report  and  after  such contractor has been afforded an
opportunity to respond to a notice of deficiency issued by the contract-
ing agency in connection therewith, it  appears  that  a  contractor  is
failing or refusing to comply with the minority [and women-owned], WOMEN
OR VETERAN-OWNED business participation requirements as set forth in the
state  contract  and  where  no  waiver  from such requirements has been
granted, the contracting agency may file a written  complaint  with  the
director  pursuant  to  section  three  hundred  sixteen of this article
setting forth the facts and circumstances giving rise to the contracting
agency's complaint together with a demand for relief.   The  contracting
agency  shall  serve  a  copy  of  such complaint upon the contractor by
personal service or by certified mail,  return  receipt  requested.  The
contractor shall be afforded an opportunity to respond to such complaint
in writing.
  S  8.  Subdivision  2 of section 314 of the executive law, as added by
chapter 261 of the laws of 1988, is amended to read as follows:
  2. For the purposes of this article, the office shall  be  responsible
for  verifying  businesses  as  being owned, operated, and controlled by
minority group members [or], women OR VETERANS and for  certifying  such
verified businesses. The director shall prepare a directory of certified
businesses  for  use by contracting agencies and contractors in carrying
out the provisions of this  article.  The  director  shall  periodically
update the directory.
  S  9.  Subdivisions 3, 4, 5 and 7 of section 315 of the executive law,
subdivision 3 as amended and subdivisions 4, 5 and 7 as added by chapter
175 of the laws of 2010, are amended to read as follows:
  3. Each contracting agency shall report to the director  with  respect
to activities undertaken to promote employment of minority group members
[and],  women  AND  VETERANS  and  promote and increase participation by
certified businesses with respect to state contracts  and  subcontracts.

S. 6258--C                         53

Such  reports  shall  be submitted periodically, but not less frequently
than annually, as required by  the  director,  and  shall  include  such
information  as  is  necessary for the director to determine whether the
contracting  agency  and  contractor  have complied with the purposes of
this article, including, without limitation, a summary of all waivers of
the requirements of subdivisions six and seven of section three  hundred
thirteen  of  this  article allowed by the contracting agency during the
period covered by the report, including a description of  the  basis  of
the  waiver request and the rationale for granting any such waiver. Each
agency shall also include in such annual report whether or  not  it  has
been  required  to prepare a remedial plan, and, if so, the plan and the
extent to which the agency has complied with each element of the plan.
  4. The division of minority and  women's  business  development  shall
issue  an  annual  report  which: (a) summarizes the report submitted by
each contracting agency pursuant to subdivision three of  this  section;
(b) contains such comparative or other information as the director deems
appropriate,  including  but  not  limited  to  goals compared to actual
participation of minority [and  women-owned],  WOMEN  AND  VETERAN-OWNED
business enterprises in state contracting, to evaluate the effectiveness
of  the activities undertaken by each such contracting agency to promote
increased participation by certified minority [or women-owned], WOMEN OR
VETERAN-OWNED businesses with respect to  state  contracts  and  subcon-
tracts;  (c)  contains  a  summary of all waivers of the requirements of
subdivisions six and seven of section three  hundred  thirteen  of  this
article  allowed by each contracting agency during the period covered by
the report, including a description of the basis of the  waiver  request
and the contracting agency's rationale for granting any such waiver; (d)
describes  any efforts to create a database or other information storage
and retrieval system containing information relevant to contracting with
minority [and women-owned],  WOMEN  AND  VETERAN-OWNED  business  enter-
prises;  and  (e)  contains  a  summary  of  (i)  all  determinations of
violations of this article by a contractor or a contracting agency  made
during the period covered by the annual report pursuant to section three
hundred  sixteen-a  of this article and (ii) the penalties or sanctions,
if any, assessed in connection with such determinations and the  ration-
ale  for  such penalties or sanctions. Copies of the annual report shall
be provided to the commissioner,  the  governor,  the  comptroller,  the
temporary  president  of  the  senate,  the speaker of the assembly, the
minority leader of the senate, the minority leader of the  assembly  and
shall  also  be  made  widely  available  to the public via, among other
things, publication on a website maintained by the division of  minority
and women's business development.
  5.  Each agency shall include in its annual report to the governor and
legislature pursuant to section one hundred sixty-four of the  executive
law  its  annual  goals  for contracts with minority-owned [and], women-
owned, AND VETERAN-OWNED business  enterprises,  the  number  of  actual
contracts issued to minority-owned [and], women-owned, AND VETERAN-OWNED
business  enterprises;  and a summary of all waivers of the requirements
of subdivisions six and seven of section three hundred thirteen of  this
article  allowed  by  the  reporting  agency  during the preceding year,
including a description of the basis  of  the  waiver  request  and  the
rationale  for  granting  such waiver. Each agency shall also include in
such annual report whether or not it has  been  required  to  prepare  a
remedial  plan,  and, if so, the plan and the extent to which the agency
has complied with each element of the plan.

S. 6258--C                         54

  7.  If it is determined by the director that any agency has failed  to
act  in  good  faith  to implement the remedial action plan, pursuant to
subdivision six of this section within  one  year,  the  director  shall
provide written notice of such a finding, which shall be publicly avail-
able, and direct implementation of remedial actions to:
  (a) assure that sufficient and effective solicitation efforts to women
[and  minority-owned],  MINORITY  AND VETERAN-OWNED business enterprises
are being made by said agency;
  (b) divide contract requirements,  when  economically  feasible,  into
quantities  that  will  expand the participation of women [and minority-
owned], MINORITY AND VETERAN-OWNED business enterprises;
  (c) eliminate extended experience or capitalization requirements, when
programmatically and economically feasible,  that  will  expand  partic-
ipation  by women [and minority-owned], MINORITY AND VETERAN-OWNED busi-
ness enterprises;
  (d) identify specific proposed contracts as particularly attractive or
appropriate for participation by women  [and  minority-owned],  MINORITY
AND  VETERAN-OWNED  business  enterprises  with  such  identification to
result from and be coupled with the efforts of paragraphs (a), (b),  and
(c) of this subdivision; and
  (e)  upon  a finding by the director that an agency has failed to take
affirmative measures to implement the remedial plan and to follow any of
the remedial actions set forth by the director, and in  the  absence  of
any  objective  progress towards the agency's goals, require some or all
of the agency's procurement, for a specified period of time,  be  placed
under the direction and control of another agency or agencies.
  S  10.  Section 316 of the executive law, as amended by chapter 175 of
the laws of 2010, is amended to read as follows:
  S 316. Enforcement. Upon receipt by the director of a complaint  by  a
contracting  agency  that  a contractor has violated the provisions of a
state contract which have been included to comply with the provisions of
this article or of a contractor that a contracting agency  has  violated
such provisions or has failed or refused to issue a waiver where one has
been  applied  for  pursuant to subdivision six of section three hundred
thirteen of this article or has denied such  application,  the  director
shall  attempt  to  resolve the matter giving rise to such complaint. If
efforts to resolve such matter to the satisfaction of  all  parties  are
unsuccessful, the director shall refer the matter, within thirty days of
the  receipt  of the complaint, to the division's hearing officers. Upon
conclusion of the administrative  hearing,  the  hearing  officer  shall
submit  to  the  director  his  or  her  decision  regarding the alleged
violation of the contract and recommendations regarding  the  imposition
of  sanctions,  fines  or  penalties.  The  director, within ten days of
receipt of the decision, shall file a determination of such  matter  and
shall cause a copy of such determination along with a copy of this arti-
cle to be served upon the contractor by personal service or by certified
mail return receipt requested. The decision of the hearing officer shall
be  final  and  may  only  be vacated or modified as provided in article
seventy-eight of the civil practice law and rules  upon  an  application
made  within the time provided by such article. The determination of the
director as to the imposition of any fines, sanctions or penalties shall
be reviewable pursuant to article seventy-eight of  the  civil  practice
law and rules. The penalties imposed for any violation which is premised
upon  either  a  fraudulent  or  intentional  misrepresentation  by  the
contractor or the contractor's willful and intentional disregard of  the
minority   [and  women-owned],  WOMEN  AND  VETERAN-OWNED  participation

S. 6258--C                         55

requirement included in the contract may include  a  determination  that
the  contractor  shall  be ineligible to submit a bid to any contracting
agency or be awarded any such contract for a period not  to  exceed  one
year  following the final determination; provided however, if a contrac-
tor has previously been determined to be  ineligible  to  submit  a  bid
pursuant  to  this  section,  the  penalties  imposed for any subsequent
violation, if such violation occurs  within  five  years  of  the  first
violation,  may  include  a  determination  that the contractor shall be
ineligible to submit a bid to any contracting agency or be  awarded  any
such  contract for a period not to exceed five years following the final
determination. The division of minority and women's business development
shall maintain a website listing all contractors that have  been  deemed
ineligible  to  submit a bid pursuant to this section and the date after
which each contractor shall once again become eligible to submit bids.
  S 11. Section 316-a of the executive law, as added by chapter  175  of
the laws of 2010, is amended to read as follows:
  S  316-a.  Prohibitions  in  contracts;  violations. Every contracting
agency shall include  a  provision  in  its  state  contracts  expressly
providing  that  any contractor who willfully and intentionally fails to
comply with the minority  [and  women-owned],  WOMEN  AND  VETERAN-OWNED
participation  requirements  of  this article as set forth in such state
contract shall be liable to the contracting  agency  for  liquidated  or
other  appropriate damages and shall provide for other appropriate reme-
dies on account of such breach. A  contracting  agency  that  elects  to
proceed  against a contractor for breach of contract as provided in this
section shall be precluded from seeking enforcement pursuant to  section
three  hundred  sixteen  of  this  article;  provided  however, that the
contracting agency shall include a summary of  all  enforcement  actions
undertaken  pursuant  to  this  section  in  its annual report submitted
pursuant to subdivision three of section three hundred fifteen  of  this
article.
  S 12. This act shall take effect immediately, provided that the amend-
ments to article 15-A of the executive law, made by sections one through
eleven  of this act, shall not affect the expiration of such article and
shall expire therewith.

                                 PART NN

  Section 1. Short title.  This act shall be known as the  "western  New
York power proceeds allocation act".
  S  2.  The economic development law is amended by adding a new article
6-A to read as follows:
                               ARTICLE 6-A
             WESTERN NEW YORK POWER PROCEEDS ALLOCATION ACT
SECTION 189-A. DEFINITIONS.
        189-B. THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD.
        189-C. GENERAL POWERS AND DUTIES OF THE BOARD.
        189-D. RULES AND REGULATIONS.
  S 189-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
TERMS  SHALL  HAVE  THE FOLLOWING MEANINGS:  1. "AUTHORITY" IS THE POWER
AUTHORITY OF THE STATE OF NEW YORK.
  2. "BOARD" IS THE WESTERN NEW YORK  POWER  PROCEEDS  ALLOCATION  BOARD
CREATED BY THIS ARTICLE.
  3.  "BENEFITS"  OR "FUND BENEFITS" ARE PAYMENTS TO APPLICANTS SELECTED
IN ORDER TO FUND ELIGIBLE PROJECTS WITH MONIES DERIVED FROM NET EARNINGS

S. 6258--C                         56

THAT HAVE BEEN DEPOSITED INTO THE WESTERN NEW YORK ECONOMIC  DEVELOPMENT
FUND.
  4.  "ELIGIBLE  PROJECTS"  ARE  ECONOMIC  DEVELOPMENT PROJECTS THAT ARE
LOCATED WITHIN A THIRTY-MILE RADIUS OF THE NIAGARA POWER PROJECT LOCATED
IN LEWISTON, NEW YORK THAT WILL SUPPORT THE GROWTH OF BUSINESSES IN  THE
STATE  AND  THEREBY  LEAD TO THE CREATION OR MAINTENANCE OF JOBS AND TAX
REVENUES FOR THE STATE.  ELIGIBLE PROJECTS MAY INCLUDE  CAPITAL  INVEST-
MENTS  IN  PLANT AND EQUIPMENT, AND ASSOCIATED BUILDINGS AND INFRASTRUC-
TURE (COLLECTIVELY, "INFRASTRUCTURE") OWNED BY  AN  APPLICANT  FOR  FUND
BENEFITS,  INCLUDING  TRANSPORTATION  PROJECTS  UNDER STATE OR FEDERALLY
APPROVED PLANS; THE  ACQUISITION  OF  LAND  NEEDED  FOR  INFRASTRUCTURE;
RESEARCH AND DEVELOPMENT WHERE THE RESULTS OF SUCH RESEARCH AND DEVELOP-
MENT  WILL  DIRECTLY  BENEFIT  NEW  YORK  STATE; SUPPORT FOR TOURISM AND
MARKETING AND ADVERTISING EFFORTS FOR WESTERN NEW YORK STATE TOURISM AND
BUSINESS AND FOR OTHER SIMILAR USES AND ACTIVITIES;  AND  ENERGY-RELATED
PROJECTS.    ELIGIBLE PROJECTS DO NOT INCLUDE, AND FUND BENEFITS MAY NOT
BE USED FOR, PUBLIC INTEREST  ADVERTISING  OR  ADVOCACY;  LOBBYING;  THE
SUPPORT OR OPPOSITION OF ANY CANDIDATE FOR PUBLIC OFFICE; THE SUPPORT OR
OPPOSITION  TO ANY PUBLIC ISSUE; LEGAL FEES RELATED TO LITIGATION OF ANY
KIND; EXPENSES RELATED TO ADMINISTRATIVE  PROCEEDINGS  BEFORE  STATE  OR
LOCAL  AGENCIES;  RETAIL  BUSINESSES  AS DEFINED BY THE BOARD, INCLUDING
WITHOUT LIMITATION, SPORTS VENUES, GAMING  AND  GAMBLING  OR  ENTERTAIN-
MENT-RELATED  ESTABLISHMENTS, RESIDENTIAL PROPERTIES, OR PLACES OF OVER-
NIGHT ACCOMMODATION; OR FOR SIMILAR USES OR ACTIVITIES.
  5. "ENERGY-RELATED PROJECTS, PROGRAMS AND  SERVICES"  SHALL  HAVE  THE
SAME  MEANING  AS  SUCH TERM IS DEFINED IN SUBPARAGRAPH TWO OF PARAGRAPH
(B) OF SUBDIVISION SEVENTEEN OF SECTION ONE THOUSAND FIVE OF THE  PUBLIC
AUTHORITIES LAW.
  6.  "EXPANSION  POWER"  IS  THE  TWO  HUNDRED  FIFTY MEGAWATTS OF FIRM
NIAGARA PROJECT HYDROELECTRIC POWER AND "REPLACEMENT POWER" IS THE  FOUR
HUNDRED FORTY-FIVE MEGAWATTS OF FIRM NIAGARA PROJECT HYDROELECTRIC POWER
AS  SUCH  TERMS ARE DEFINED IN SUBDIVISION THIRTEEN OF SECTION ONE THOU-
SAND FIVE OF THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF  THIS  SECTION,
EXPANSION AND REPLACEMENT POWER INCLUDES THE ENERGY ASSOCIATED WITH SUCH
POWER.    NOTWITHSTANDING  ANY  LAW,  RULE, REGULATION, OR POLICY TO THE
CONTRARY, AS OF THE FIRST DAY OF JULY,  TWO  THOUSAND  TWELVE  THE  TERM
REPLACEMENT  POWER  AS  USED  IN THIS ARTICLE INCLUDES A CERTAIN SEVENTY
MEGAWATTS OF POWER THAT IS REFERRED TO IN SECTION ONE THOUSAND  FIVE  OF
THE PUBLIC AUTHORITIES LAW.
  7.  "NET EARNINGS" IS THE AGGREGATE EXCESS OF REVENUES RECEIVED BY THE
POWER AUTHORITY OF THE STATE OF NEW YORK FROM THE SALE OF EXPANSION  AND
REPLACEMENT  POWER  AND  ENERGY PRODUCED AT THE NIAGARA PROJECT THAT WAS
SOLD IN THE WHOLESALE ENERGY MARKET OVER WHAT REVENUES WOULD  HAVE  BEEN
RECEIVED HAD SUCH ENERGY BEEN SOLD ON A FIRM BASIS TO AN ELIGIBLE EXPAN-
SION  OR  REPLACEMENT  POWER  CUSTOMER  UNDER  THE  APPLICABLE TARIFF OR
CONTRACT.
  8. "WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND" OR "FUND" IS A FUND OF
THE AUTHORITY INTO WHICH ALL NET EARNINGS ARE DEPOSITED BY THE AUTHORITY
AND FROM WHICH ALLOCATIONS OF FUND BENEFITS TO ELIGIBLE PROJECTS MAY  BE
MADE.
  S  189-B.  THE  WESTERN  NEW  YORK POWER PROCEEDS ALLOCATION BOARD. 1.
THERE IS HEREBY CREATED THE WESTERN NEW YORK POWER  PROCEEDS  ALLOCATION
BOARD,  WHICH SHALL POSSESS THE POWERS AND DUTIES HEREIN SPECIFIED.  THE
BOARD SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVER-
NOR AS FOLLOWS:  ONE OF WHOM SHALL BE APPOINTED UPON THE  RECOMMENDATION
OF  THE  TEMPORARY  PRESIDENT  OF THE SENATE AND SHALL RESIDE WITHIN THE

S. 6258--C                         57

THIRTY MILE RADIUS OF THE NIAGARA POWER PROJECT AND ONE OF WHOM SHALL BE
APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER  OF  THE  ASSEMBLY  AND
SHALL RESIDE WITHIN THE THIRTY MILE RADIUS OF THE NIAGARA POWER PROJECT.
AT  LEAST ONE ADDITIONAL MEMBER SHALL ALSO RESIDE WITHIN THE THIRTY MILE
RADIUS OF THE NIAGARA POWER PROJECT.   THE GOVERNOR  SHALL  DESIGNATE  A
CHAIR FROM AMONGST THE BOARD'S MEMBERS.
  2.  EACH  MEMBER SHALL SERVE A TERM OF FIVE YEARS OR UNTIL A SUCCESSOR
SHALL HAVE BEEN NAMED AND  QUALIFIED.  MEMBERS  MAY  BE  REAPPOINTED  TO
SUCCESSIVE TERMS.
  3.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THREE
MEMBERS SHALL CONSTITUTE A QUORUM FOR THE  PURPOSES  OF  ORGANIZING  THE
BOARD  AND  CONDUCTING  THE BUSINESS THEREOF; AND NO ACTION OF THE BOARD
MAY BE TAKEN EXCEPT UPON AN AFFIRMATIVE VOTE OF AT LEAST THREE-FIFTHS OF
THE FULL BOARD MEMBERSHIP AT ANY MEETING AT WHICH AT LEAST THREE MEMBERS
ARE PRESENT OR PARTICIPATING BY  VIDEOCONFERENCING.    VIDEOCONFERENCING
MAY BE USED FOR ATTENDANCE AND PARTICIPATION BY MEMBERS OF THE BOARD. IF
VIDEOCONFERENCING  IS  USED,  THE BOARD SHALL PROVIDE AN OPPORTUNITY FOR
THE PUBLIC TO ATTEND, LISTEN AND OBSERVE AT ANY SITE AT WHICH  A  MEMBER
PARTICIPATES. THE PUBLIC NOTICE FOR THE MEETING SHALL IDENTIFY, IF PRAC-
TICABLE, ALL LOCATIONS WHERE A MEMBER WILL PARTICIPATE IN THE MEETING BY
VIDEOCONFERENCE  AND SHALL STATE THAT THE PUBLIC HAS THE RIGHT TO ATTEND
THE MEETING AT ANY SUCH LOCATION.
  4. MEMBERS OF THE BOARD, EXCEPT THOSE THAT ARE EMPLOYEES  OR  OFFICERS
OF THE STATE, ITS AUTHORITIES OR AGENCIES, SHALL NOT RECEIVE A SALARY OR
OTHER  COMPENSATION,  BUT  SHALL  BE  ALLOWED  THE  NECESSARY AND ACTUAL
EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS ARTICLE.
  S 189-C. GENERAL POWERS AND DUTIES OF THE BOARD. 1.  THE  BOARD  SHALL
ADOPT RULES AND REGULATIONS RELATING TO THE ACTIVITIES OF THE BOARD.
  2.  THE BOARD SHALL ADOPT RULES AND REGULATIONS AND ESTABLISH A PROCE-
DURE FOR REVIEWING APPLICATIONS FOR AN ALLOCATION OF FUND BENEFITS  THAT
SHALL  INCLUDE  A  REVIEW  OF APPLICATIONS NO LESS FREQUENTLY THAN TWICE
EACH YEAR.   THE BOARD, OR A  MEMBER  DESIGNATED  BY  THE  BOARD,  SHALL
RECEIVE  ALL  APPLICATIONS  FROM,  OR  ON BEHALF OF, APPLICANTS FOR FUND
BENEFITS. APPLICATIONS SHALL BE IN A FORM AND CONTAIN SUCH  INFORMATION,
DATA  AND EXHIBITS AS THE BOARD, IN CONSULTATION WITH THE AUTHORITY, MAY
PRESCRIBE.
  3.  THE BOARD MAY REQUEST FROM THE AUTHORITY AND  THE  CORPORATION  AN
ANALYSIS  OF  ALL  SUCH  APPLICATIONS ALONG WITH ANY RECOMMENDATIONS. IN
ADDITION, THE BOARD MAY REQUEST, IN WHICH CASE AND THE AUTHORITY AND THE
CORPORATION SHALL SUPPLY, SUCH ADDITIONAL INFORMATION AS  IS  REASONABLY
NECESSARY FOR THE BOARD TO PERFORM ITS DUTIES.
  4.  IN  EVALUATING APPLICATIONS FOR FUND BENEFITS, THE BOARD SHALL USE
THE CRITERIA FOR ELIGIBILITY FOR EXPANSION, REPLACEMENT AND PRESERVATION
POWER, AND FOR REVITALIZATION OF INDUSTRY, PROVIDED IN SECTION ONE THOU-
SAND FIVE OF THE PUBLIC AUTHORITIES LAW. IN ADDITION,  THE  BOARD  SHALL
CONSIDER  THE  EXTENT  TO  WHICH AN AWARD OF FUND BENEFITS IS CONSISTENT
WITH ANY REGIONAL ECONOMIC DEVELOPMENT COUNCIL  STRATEGIES  AND  PRIORI-
TIES.  THE  BOARD  SHALL  ISSUE  A WRITTEN STATEMENT OF ITS FINDINGS AND
CONCLUSIONS FOR EACH APPLICATION REVIEWED.
  5. THE BOARD SHALL RECOMMEND TO THE CORPORATION THE ALLOCATION OF FUND
BENEFITS TO ELIGIBLE PROJECTS THAT THE  BOARD  BELIEVES  BEST  MEET  THE
APPLICABLE  CRITERIA IN SUBDIVISION FOUR OF THIS SECTION.  THE BOARD MAY
INCLUDE WITHIN ITS RECOMMENDATIONS SUCH TERMS AND CONDITIONS AS IT DEEMS
APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, REASONABLE PROVISION FOR THE
ALLOCATION OF FUND BENEFITS OVER TIME AS THE  APPLICANT  ACHIEVES  MILE-
STONES TOWARDS PROJECT COMPLETION, THE PARTIAL OR COMPLETE WITHDRAWAL OR

S. 6258--C                         58

RETURN  OF  FUND  BENEFITS  WHERE THE RECIPIENT HAS FAILED TO ACHIEVE OR
MAINTAIN MUTUALLY AGREED UPON  COMMITMENTS,  OR  SUCH  OTHER  TERMS  AND
CONDITIONS AS THE BOARD DEEMS ADVISABLE.
  6.  A  RECOMMENDATION  BY THE BOARD THAT AN APPLICANT RECEIVE AN ALLO-
CATION OF FUND BENEFITS SHALL BE A PREREQUISITE  TO  AN  AWARD  OF  FUND
BENEFITS  BY  THE AUTHORITY.  THE AUTHORITY SHALL AWARD FUND BENEFITS TO
AN APPLICANT UPON A RECOMMENDATION OF THE BOARD, PROVIDED  HOWEVER  THAT
UPON  A SHOWING OF GOOD CAUSE, THE AUTHORITY SHALL HAVE DISCRETION AS TO
WHETHER TO ADOPT THE BOARD'S RECOMMENDATION, OR TO AWARD BENEFITS  IN  A
DIFFERENT  AMOUNT  AND  ON  DIFFERENT  TERMS  AND  CONDITIONS THAN THOSE
CONTAINED IN THE RECOMMENDATION OF THE BOARD.
  7. UPON MAKING AN ALLOCATION OF FUND  BENEFITS,  THE  AUTHORITY  SHALL
INCLUDE  WITHIN  THE  AGREEMENT  PROVIDING  FOR THE TERMS AND CONDITIONS
APPLICABLE TO SUCH ALLOCATION ALL TERMS  AND  CONDITIONS  THE  AUTHORITY
DEEMS  APPROPRIATE,  TAKING INTO ACCOUNT THE RECOMMENDATIONS MADE BY THE
BOARD.
  S 189-D. RULES AND REGULATIONS. THE AUTHORITY IS HEREBY AUTHORIZED  TO
PROMULGATE  RULES  AND  REGULATIONS  AS  ARE  NECESSARY  TO  FULFILL THE
PURPOSES OF THIS ARTICLE.
  S 3. Section 1005 of the public authorities law is amended  by  adding
five new subdivisions 19, 20, 21, 22 and 23 to read as follows:
  19.  TO  COOPERATE WITH THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD AND PROVIDE THE BOARD WITH SUCH INFORMATION AND ASSISTANCE AS  THE
BOARD  REASONABLY REQUESTS INCLUDING REASONABLE STAFF SERVICES, ACCOUNT-
ING, CLERICAL AND SECRETARIAL ASSISTANCE, OFFICE  SPACE,  AND  EQUIPMENT
REASONABLY  REQUESTED  BY THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD TO FULFILL ITS DUTIES.
  20. TO ESTABLISH AN ACCOUNT TO  BE  KNOWN  AS  THE  WESTERN  NEW  YORK
ECONOMIC  DEVELOPMENT  FUND,  WHICH  SHALL  CONSIST OF "NET EARNINGS" AS
DEFINED IN ARTICLE SIX-A OF THE ECONOMIC DEVELOPMENT LAW. SUCH  EARNINGS
SHALL  BE DEPOSITED NO LESS FREQUENTLY THAN QUARTERLY. THE FIRST PAYMENT
INTO THE FUND SHALL BE MADE NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION, AND SHALL INCLUDE ALL SUCH NET EARNINGS ACCRUED  SINCE  THE
EFFECTIVE  DATE  OF  CHAPTER  FOUR HUNDRED THIRTY-SIX OF THE LAWS OF TWO
THOUSAND TEN. AT LEAST FIFTEEN PERCENT OF SUCH FINDS SHALL BE  DEDICATED
TOWARDS  ELIGIBLE  PROJECTS  WHICH ARE ENERGY-RELATED PROJECTS, PROGRAMS
AND SERVICES AS SUCH TERM IS DEFINED IN SUBPARAGRAPH  TWO  OF  PARAGRAPH
(B)  OF  SUBDIVISION  SEVENTEEN  OF THIS SECTION. IN ADDITION TO FUNDING
ELIGIBLE PROJECTS, AS DEFINED IN ARTICLE SIX-A OF THE ECONOMIC  DEVELOP-
MENT  LAW,  THE  AUTHORITY MAY USE WESTERN NEW YORK ECONOMIC DEVELOPMENT
FUND MONIES TO COVER REASONABLE COSTS  AND  EXPENSES  OF  THE  AUTHORITY
RELATED TO THE MANAGEMENT AND ADMINISTRATION OF SUCH FUND.
  21. THE AUTHORITY MAY, IN ITS DISCRETION, CONSULT WITH THE WESTERN NEW
YORK POWER PROCEEDS ALLOCATION BOARD IN THE APPLICATION PROCESS RELATING
TO THE ALLOCATION OF EXPANSION POWER AND REPLACEMENT POWER.
  22. THE AUTHORITY SHALL ESTABLISH PROCESSES FOR APPLICATION REVIEW AND
ALLOCATION  OF  FUND  BENEFITS PROVIDED IN ARTICLE SIX-A OF THE ECONOMIC
DEVELOPMENT LAW.
  23. THE AUTHORITY SHALL INCLUDE IN THE ANNUAL REPORT PREPARED PURSUANT
TO SUBDIVISION EIGHTEEN OF THIS SECTION, AN ACCOUNTING FOR  THE  SUBJECT
YEAR  THAT  PROVIDES  (A)  THE AMOUNT OF EXPANSION POWER AND REPLACEMENT
POWER SOLD INTO THE WHOLESALE MARKET BY THE AUTHORITY, AND (B)  THE  NET
EARNINGS,  AS  SUCH TERM IS DEFINED IN SECTION ONE HUNDRED EIGHTY-NINE-A
OF THE ECONOMIC DEVELOPMENT LAW, PAID INTO THE WESTERN NEW YORK ECONOMIC
DEVELOPMENT FUND.

S. 6258--C                         59

  S 4. Chapter 436 of the laws of 2010 amending the  public  authorities
law  and  the  economic development law, relating to authorizing unallo-
cated expansion or replacement power to be  allocated  for  western  New
York economic development fund benefits is REPEALED.
  S 5. This act shall take effect immediately.

                                 PART OO

  Section  1.  The environmental conservation law is amended by adding a
new section 11-0706 to read as follows:
S 11-0706. GIFT CARDS FOR HUNTING AND FISHING LICENSES.
  1. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  ESTABLISH-
ING  GIFT CARDS FOR THE LICENSES AND STAMPS SET FORTH IN SECTION 11-0701
OF THIS TITLE.
  2. FOR THE PURPOSES OF THIS TITLE, THE TERM "GIFT CARD" SHALL  MEAN  A
RESTRICTED  MONETARY  EQUIVALENT  OR  VOUCHER THAT, WHEN REDEEMED BY THE
HOLDER, ENTITLES SUCH PERSON TO A VALID LICENSE OR STAMP AS SET FORTH IN
SECTION 11-0701 OF THIS TITLE.
  S 2. This act shall take effect immediately.

                                 PART PP

  Section 1. No later than July 1, 2012, the commissioner of the depart-
ment of environmental conservation shall prepare a plan and issue  draft
regulations  to  expedite  the marking and harvesting of downed trees on
state lands outside of the areas of the  forest  preserves  for  use  as
timber  products.  The  goal of such regulations will be to maximize the
long-term health and sustainability of these wooded areas, while  assur-
ing  that  the  state is adequately compensated for such harvesting, and
that the non-permitted taking of timber is more effectively discouraged.
Such regulations shall be finalized and put in place no later than Janu-
ary 1, 2013.
  S 2. This act shall take effect immediately.

                                 PART QQ

  Section 1. Subdivision 9 of section 602  of  the  racing,  pari-mutuel
wagering  and  breeding  law,  as  amended by chapter 115 of the laws of
2008, is amended and a new subdivision 15 is added to read as follows:
  9. "Cost of corporation's functions." All costs and expenses  incurred
by  the  corporation in connection with the performance of the functions
of the corporation, including, but not limited to, operating expenses of
the corporation, the cost of acquiring, constructing or equipping branch
offices and other facilities  and  premises  of  the  corporation,  [and
interest  and  principal  on  bonds,]  notes or other obligations of the
corporation issued to finance the acquisition, construction or equipment
of such offices, facilities or premises.
  15. "VENDOR OPERATOR." THE VENDOR OPERATOR SHALL BE SELECTED  PURSUANT
TO  THE  PROVISIONS SET FORTH IN SECTION SIX HUNDRED TWENTY-FIVE OF THIS
ARTICLE AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION AND OPERATION OF
THE CORPORATION.
  S 2. Section 603 of the racing, pari-mutuel wagering and breeding law,
as amended by chapter 115 of the laws of 2008, is  amended  to  read  as
follows:
  S  603.  New York city off-track betting corporation. 1. A corporation
to be known as the "New York  city  off-track  betting  corporation"  is

S. 6258--C                         60

hereby  created.  Such corporation shall be a body corporate and politic
constituting a public benefit corporation. It  shall  be  [administered]
OVERSEEN  by a board of directors consisting of five members, who may be
public officers, appointed by the governor for fixed terms as hereinaft-
er provided, one of whom shall be appointed on the recommendation of the
temporary president of the senate, and one of whom shall be appointed on
the recommendation of the speaker of the assembly.
  2.  THE TERMS OF ALL DIRECTORS SERVING A TERM THAT ENCOMPASSED JANUARY
TWENTY-FIFTH, TWO THOUSAND TWELVE, SHALL BE DEEMED TO HAVE  EXPIRED  AND
NEW  DIRECTORS  SHALL  BE  APPOINTED.  Of  the  directors,  one shall be
appointed for a term  ending  on  December  thirty-first,  two  thousand
[nine] TWELVE, one for a term ending on December thirty-first, two thou-
sand [ten] THIRTEEN, one for a term ending on December thirty-first, two
thousand  [twelve]  FOURTEEN,  and  the  two  directors appointed on the
recommendation of the temporary president of the senate and the  speaker
of  the  assembly, for a term ending December thirty-first, two thousand
[fourteen] SIXTEEN.  Upon the expiration of such  terms,  the  terms  of
office  of  their  successors  shall  be  six years. Vacancies occurring
otherwise than by expiration of term shall be filled for  the  unexpired
term.
  3. The governor shall designate one of the directors to be chairman of
the  board  of directors and may at his pleasure, change his designation
of any such director to be chairman.
  4. Each director shall continue to serve  until  the  appointment  and
qualification of his successor.
  5.  The  directors  shall be removable for cause by the governor, upon
charges and after a hearing.
  6. The [powers] OVERSIGHT of the corporation shall be  vested  in  and
exercised  by  the  board  at a meeting duly held at a time fixed by any
by-law adopted by the board, or at any duly adjourned  meeting  of  such
meeting  or  at  any  meeting  held upon reasonable notice to all of the
directors, or upon written waiver thereof, and a majority of  the  whole
number  of  directors  shall constitute a quorum[; provided that neither
the business nor the powers of the corporation shall  be  transacted  or
exercised  except  pursuant to the favorable vote of at least a majority
of the directors present at a meeting at which a quorum  is  in  attend-
ance].
  7.  The  board may delegate to one or more of the directors, officers,
agents or employees of the corporation such powers and duties as it  may
deem proper.
  8.  The  directors  shall be reimbursed for their actual and necessary
expenses incurred in the performance of their official duties.
  9. The directors may engage in outside employment or in  a  profession
or  business  EXCEPT  AS  AN EXECUTIVE OR LEGISLATIVE EMPLOYEE OR unless
otherwise prohibited from doing so by virtue of holding  another  public
office  subject to the provisions of section seventy-three of the public
officers law.
  10. The board shall hold an annual meeting.
  11. The fiscal year of the corporation shall be the same as  [that  of
the  city,  provided,  however,  that  the corporation shall have a nine
month fiscal year from July first,  two  thousand  eight  through  March
thirty-first,  two thousand nine, and then the fiscal year of the corpo-
ration shall be the same as] the state.
  12. THE CORPORATION WILL BE ADMINISTERED BY THE  VENDOR  OPERATOR  AND
THE POWERS OF THE CORPORATION SHALL BE VESTED IN THE VENDOR OPERATOR.

S. 6258--C                         61

  S  3. Section 617 of the racing, pari-mutuel wagering and breeding law
is amended to read as follows:
  S  617.  Exemption  from taxation. [1.] The moneys and property of the
corporation and any property under its jurisdiction, control  or  super-
vision,  and  all  of its activities and operations shall be exempt from
taxation.
  [2. The state covenants with the purchasers of and with all subsequent
holders and transferees of bonds and notes  issued  by  the  corporation
pursuant  to  this  article,  in  consideration of the acceptance of and
payment for the said bonds and notes, that the said bonds and notes  and
the  income  therefrom, and all moneys, funds and revenue pledged to pay
or secure the payment of such bonds and notes shall at all time be  free
from taxation, except for estate and gift taxes and taxes on transfers.]
  S  4.  The opening paragraph of section 621 of the racing, pari-mutuel
wagering and breeding law, as amended by chapter  115  of  the  laws  of
2008, is amended to read as follows:
  Within one hundred twenty days after the end of the fiscal year of the
corporation, the [directors thereof] VENDOR OPERATOR shall submit to the
governor,  the  legislature, the racing and wagering board and the state
comptroller a complete and detailed report setting forth:
  S 5. The racing, pari-mutuel wagering and breeding law is  amended  by
adding a new section 625 to read as follows:
  S  625. SELECTION OF VENDOR OPERATOR. 1. THE NEW YORK STATE RACING AND
WAGERING BOARD SHALL SUBMIT, WITHIN THIRTY DAYS AFTER  THESE  PROVISIONS
BECOME  LAW,  A  REQUEST  FOR  PROPOSALS  FROM  QUALIFYING  ENTITIES  AS
DESCRIBED HEREIN FOR THE PURPOSE OF THE  ADMINISTRATING  OF  THE  CORPO-
RATION. THE ENTITY CHOSEN TO ADMINISTER THE CORPORATION SHALL ENTER INTO
A  CONTRACT WITH THE STATE FOR A TERM OF TEN YEARS, WHICH MAY BE RENEWED
SUBJECT TO THE APPROVAL OF THE STATE RACING AND WAGERING BOARD  AND  THE
APPROVAL OF THE NEW YORK CITY OFF-TRACK BETTING BOARD OF DIRECTORS.
  2.  ELIGIBLE  ENTITIES  SHALL  CONSIST OF INDIVIDUALS, PARTNERSHIPS OR
CORPORATIONS, PUBLIC OR PRIVATE, WHICH ARE REQUIRED  AS  PART  OF  THEIR
PROPOSAL  TO  SUBMIT AT LEAST ONE BUSINESS PLAN FOR THE RE-ESTABLISHMENT
AND CONTINUATION OF A PROFITABLE CORPORATION. IN AWARDING THE  CONTRACT,
THE STATE RACING AND WAGERING BOARD MUST CONSIDER THE FOLLOWING CRITERIA
WITH  RESPECT  TO  EACH APPLICANT: ITS EXPERIENCE IN MANAGING SUCCESSFUL
BUSINESS ENTERPRISES, ITS EXPERIENCE IN THE RACING INDUSTRY, ITS EXPERI-
ENCE IN THE PARI-MUTUEL AND/OR OFF-TRACK BETTING INDUSTRIES, ITS EXPERI-
ENCE IN THE ENTERTAINMENT INDUSTRY,  THE  FEASIBILITY  OF  ITS  PROPOSED
BUSINESS  PLAN  OR  PLANS, AND ITS COMMITMENT TO USE ITS BEST EFFORTS TO
SUPPORT THE VIABILITY OF OFF-TRACK BETTING IN THE CITY OF  NEW  YORK  AS
WELL AS THE RACING INDUSTRY THROUGHOUT THE STATE.
  3.  ALL  BUSINESS PLANS SUBMITTED BY AN ENTITY MUST INCLUDE PROVISIONS
FOR PRIORITY FOR CONSIDERATION FOR EMPLOYMENT BY ANY FORMER EMPLOYEE  OF
THE  CORPORATION  WHOSE  EMPLOYMENT  TERMINATED OTHER THAN FOR CAUSE, BY
RETIREMENT, OR WITH A SEVERANCE AWARD. SUCH PLANS MUST ALSO PROVIDE  FOR
REPRESENTATION OF OFF-TRACK BETTING BRANCH OFFICES, OR AN EQUIVALENT, IN
ALL  OF  THE BOROUGHS OF THE CITY OF NEW YORK, WITH PREFERENCE GIVEN FOR
BUSINESS PLANS THAT HAVE AT LEAST THREE FACILITIES IN EACH  BOROUGH  AND
THAT  MAINTAIN  THE SAME RATIO OF ACCESS TO OFF-TRACK BETTING FACILITIES
AS WAS PREVIOUSLY PROVIDED BY THE CORPORATION PRIOR TO  DECEMBER  FIRST,
TWO THOUSAND TEN.
  4.  THE STATE RACING AND WAGERING BOARD SHALL MAKE PUBLIC ITS PRELIMI-
NARY SELECTION OF THE VENDOR OPERATOR NO LATER THAN THREE  MONTHS  AFTER
THE SUBMISSION OF THE REQUEST FOR PROPOSALS, AND ALLOW FOR TWO WEEKS FOR
PUBLIC  COMMENT. THE FINAL SELECTION AND THE CONTRACT BETWEEN THE VENDOR

S. 6258--C                         62

AND THE STATE MUST BE FINALIZED WITHIN THIRTY DAYS  OF  THE  PRELIMINARY
SELECTION,  BUT  NO  SOONER  THAN THE END OF THE TWO WEEK PUBLIC COMMENT
PERIOD.
  5.  THE  SELECTION OF VENDOR MAY BE REVOKED AND CANCELLED BY THE STATE
RACING AND WAGERING BOARD FOR A MATERIAL BREACH OF  CONTRACT  OR  FOR  A
VIOLATION OF THE RULES OF THE STATE RACING AND WAGERING BOARD OR IF SUCH
VENDOR  OR  ITS  OFFICERS  OR  DIRECTORS  SHALL  KNOWINGLY  VIOLATE  THE
PROVISIONS OF THIS CHAPTER OR OF THE PENAL LAW. THE ACTION OF THE  STATE
RACING  AND WAGERING BOARD IN REVOKING THE SELECTION 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.
  6.  FOR  CONTRACTS  IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS, ENTERED
INTO BY THE VENDOR FOR THE PROCUREMENT OF GOODS OR SERVICES,  THE  BOARD
MAY  REVIEW  THE  CHARACTER  AND FITNESS OF THE ENTITY OR ITS PRINCIPALS
ENTERING INTO CONTRACTS WITH THE VENDOR.
  S 6. Clause (E) of subparagraph 5 and clause (F) of subparagraph 6  of
paragraph  b of subdivision 1 of section 1016 of the racing, pari-mutuel
wagering and breeding law, as amended by chapter 18 of the laws of 2008,
are amended to read as follows:
  (E) On days when a franchised corporation is  not  conducting  a  race
meeting  and  when  a licensed harness track is neither accepting wagers
nor displaying the signal from an in-state thoroughbred  corporation  or
association or an out-of-state thoroughbred track:
  (i)  Such licensed regional harness track shall receive in lieu of any
other payments on wagers placed at off-track betting facilities  outside
the special betting district on races conducted by an in-state thorough-
bred  racing  corporation,  [two  and  eight-tenths] ONE AND FOUR-TENTHS
percent on regular and multiple bets during a regional meeting and  [one
and nine-tenths] NINETY-FIVE HUNDREDTHS percent of such bets if there is
no  regional  meeting  and  [four  and eight-tenths] TWO AND FOUR-TENTHS
percent on exotic bets on days on which there is a regional meeting  and
[three  and  four-tenths]  ONE  AND SEVEN-TENTHS percent of such bets if
there is no regional meeting.
  (ii) Such licensed regional harness track shall receive [one and  one-
half]  SEVENTY-FIVE  HUNDREDTHS  per  centum on total regional handle on
races conducted at out-of-state or out-of-country thoroughbred tracks.
  (iii) In those regions in  which  there  is  more  than  one  licensed
regional  harness  track,  if no track is accepting wagers or displaying
the live simulcast signal from the out-of-state  track,  the  total  sum
shall  be divided among the tracks in proportion to the ratio the wagers
placed on races conducted by each track bears to the corporation's total
in-region harness handle. If one or more tracks are accepting wagers  or
displaying  the live simulcast signal, the total amount shall be divided
among those tracks not accepting  wagers  or  displaying  the  simulcast
signal for an out-of-state track or in-state thoroughbred corporation or
association.
  (F)  Of  the sums retained by a licensed harness facility, [fifty] ONE
HUNDRED percent shall be used exclusively for purses  awarded  in  races
conducted  by  such  licensed  facility [and the remaining fifty percent
shall be retained by such licensed facility for  its  general  purposes,
provided,  however,  that  in  a  harness  special  betting district the
portion of the sums retained by a licensed harness facility to  be  used
for  purses or the methodology for calculating the amount to be used for
purses may be specified in a written contract between a  harness  racing
association  or  corporation  and  its representative horsemen's associ-
ation].

S. 6258--C                         63

  S 7. Section 1017 of the racing,  pari-mutuel  wagering  and  breeding
law, as amended by chapter 18 of the laws of 2008, is amended to read as
follows:
  S  1017.  Out-of-state  or out-of-country races. 1. Licensed simulcast
facilities may accept wagers and display the signal of  out-of-state  or
out-of-country  thoroughbred tracks after 7Labor P.M. in accordance with
the provisions of this section.  Such  simulcasting  may  include  mixed
meetings  if  such meetings are integral to such racing programs and all
such wagering on such races shall be construed to be thoroughbred races.
For  facilities  located  within  the  special  betting  district,  such
approval  shall  also be required from a thoroughbred racing corporation
during the period a racing program is being  conducted  at  such  track.
Such  approval shall not be required on any day such thoroughbred racing
corporation is also accepting an out-of-state or  out-of-country  signal
and  wager, as authorized by this section. The provisions of section one
thousand sixteen of this article shall be applicable to the  conduct  of
such  simulcasting and the provisions of clauses (A) and (B) of subpara-
graph four of paragraph b of subdivision one  of  section  one  thousand
sixteen  of  this  article  shall  apply to those facilities licensed in
accordance with sections one thousand eight and  one  thousand  nine  of
this  article  and the provisions of clauses (A) and (B) of subparagraph
six of paragraph b of subdivision one of section one thousand sixteen of
this article shall apply to those facilities licensed in accordance with
section one thousand seven of this article, when such provisions are  in
full  force  and effect pursuant to such section. Provided, however, the
provisions of section one thousand fourteen of  this  article  shall  be
applicable to the conduct of such simulcasting, when such provisions are
in full force and effect pursuant to such section.
  2.  a.  Maintenance of effort. Any off-track betting corporation which
engages in accepting wagers on the simulcasts of thoroughbred races from
out-of-state or out-of-country as permitted  under  subdivision  one  of
this  section shall submit to the board, for its approval, a schedule of
payments to be made in any year or portion thereof, that such  off-track
corporation  engages in nighttime thoroughbred simulcasting. In order to
be approved by the board, the payment schedule shall be identical to the
actual payments and distributions of such payments to [tracks and] purs-
es made by such off-track corporation  pursuant  to  the  provisions  of
section  one  thousand fifteen of this article during the year two thou-
sand two, as derived from out-of-state  harness  races  displayed  after
6:00  P.M.  If  approved  by the board, such scheduled payments shall be
made from revenues derived from any simulcasting conducted  pursuant  to
this section and section one thousand fifteen of this article.
  b.  Additional payments. During each calendar year, to the extent, and
at such time in the event,  that  aggregate  statewide  wagering  handle
after  7Labor P.M. on out-of-state and out-of-country thoroughbred races
exceeds one hundred million dollars, each off-track betting  corporation
conducting  such simulcasting shall pay to its regional harness track or
tracks, an amount equal to [two] ONE percent of its proportionate  share
of  such  excess  handle.  In  any  region  where  there are two or more
regional harness tracks, such two percent shall be  divided  between  or
among  the  tracks  in a proportion equal to the proportion of handle on
live harness races conducted at such tracks during the preceding  calen-
dar year. [Fifty percent of the] THE sum received by each track pursuant
to  this  paragraph  shall  be  used  exclusively for increasing purses,
stakes and prizes at that regional harness track.

S. 6258--C                         64

  S 8. Subdivision 2 of section 529 of the racing, pari-mutuel  wagering
and breeding law is amended to read as follows:
  2.  [Ninety-five  percent  of  the  balance  of such account remaining
unclaimed as of the last day of February of such year shall be  paid  to
the state tax commission by March fifteenth. On or before April tenth of
each  year  the  balance of such account and any other unclaimed amounts
received in the course of conducting off-track betting shall be paid  by
such  corporation to the state tax commission. A penalty of five percent
and interest at the rate of one percent per month from the due  date  to
the  date  of  payment  of  the unclaimed balance due March fifteenth or
April tenth, as the case may be, shall be payable in case  such  balance
is  not  paid  when  due.  Such  amounts,  interest  and  penalties when
collected by the state tax commission shall be deposited into the gener-
al fund of the state treasury] ON APRIL FIRST OF EACH YEAR,  THE  AMOUNT
OF  TICKETS  REMAINING  UNCLAIMED  FROM  THE  PRIOR YEAR MAY BE USED FOR
CORPORATE PURPOSES.
  S 9. Subdivision 7 of section 532 of the racing, pari-mutuel  wagering
and  breeding  law,  as  added  by  chapter  115 of the laws of 2008, is
amended to read as follows:
  7. Notwithstanding any other provision of this section,  any  payments
otherwise  payable  to  a city with a population of one million or more,
pursuant to this section, [other than payments pursuant to subparagraphs
(i) and (iii) of paragraph b of subdivision three of this section, shall
be payable to the corporation and shall be available for  its  corporate
purposes] SHALL PAY REMAINING AMOUNTS TO THE COMPTROLLER OF THE STATE OF
NEW  YORK FOR DEPOSIT IN THE NEW YORK CITY OFF-TRACK BETTING CORPORATION
FUND.
  S 10. Subdivision 2 of section 610 of the racing, pari-mutuel wagering
and breeding law, as amended by chapter 115 of  the  laws  of  2008,  is
amended to read as follows:
  2.  All moneys due the city pursuant to article five-A of this chapter
shall be paid to the  New  York  city  [comptroller]  OFF-TRACK  BETTING
CORPORATION FUND.
  S 11. Subdivision 6 of section 527 of the racing, pari-mutuel wagering
and  breeding  law,  as  amended  by chapter 115 of the laws of 2008, is
amended to read as follows:
  6. The net amount remaining to each regional corporation after payment
of taxes and distributions pursuant to this section and after payment of
operating expenses and principal and interest on any obligations  shall,
in  the  case  of  the  New  York city off-track betting corporation, be
retained by the corporation, and in the case of  other  regional  corpo-
rations  shall  accrue and be payable to participating counties pursuant
to section five hundred sixteen of this chapter; provided, however, that
the [New York city off-track betting corporation] VENDOR OPERATOR, after
payment of all current taxes and distributions shall use such net amount
to pay all [liabilities] OPERATING EXPENSES of such corporation  [as  of
the  effective  date  of  the  chapter of the laws of two thousand eight
which amended this subdivision], and at such time as  all  [liabilities]
OPERATING  EXPENSES  have  been paid, such [corporation] VENDOR OPERATOR
shall pay ANY remaining amounts to the comptroller of the state  of  New
York  for  deposit  in  the  [general  fund  of the state] NEW YORK CITY
OFF-TRACK BETTING CORPORATION FUND.
  S 12. The racing, pari-mutuel wagering and breeding law is amended  by
adding a new section 626 to read as follows:
  S  626. VENDOR OPERATOR FEE. AS CONSIDERATION FOR THE OPERATION OF THE
CORPORATION, THE COMPTROLLER SHALL PAY A VENDOR FEE IN EXCHANGE FOR  THE

S. 6258--C                         65

DAILY OPERATIONS AND CAPITALIZATION OF A NEW YORK CITY OFF-TRACK BETTING
OPERATION  TO  BE  PAID AS FOLLOWS:   IF THE ANNUAL DEPOSIT INTO THE NEW
YORK CITY OFF-TRACK BETTING  CORPORATION  FUND  IS  LESS  THAN  TWO  AND
ONE-HALF  MILLION DOLLARS, THE VENDOR OPERATOR SHALL RECEIVE ONE HUNDRED
PERCENT OF THE ANNUAL DEPOSITS; IF THE ANNUAL DEPOSIT INTO THE NEW  YORK
CITY  OFF-TRACK  BETTING  CORPORATION  FUND IS LESS THAN OR EQUAL TO TEN
MILLION DOLLARS, THE VENDOR OPERATOR SHALL  BE  PAID  TWO  AND  ONE-HALF
MILLION  DOLLARS AND THE REMAINING FUNDS SHALL BE DEPOSITED TO THE STATE
GENERAL FUND; IF THE ANNUAL DEPOSIT IS MORE THAN  TEN  MILLION  DOLLARS,
THE VENDOR OPERATOR SHALL BE PAID TWENTY-FIVE PERCENT OF THE TOTAL ANNU-
AL  DEPOSITS  AND  THE  REMAINING  FUNDS SHALL BE DEPOSITED TO THE STATE
GENERAL FUND.
  S 13. The state finance law is amended by adding a new section 97-llll
to read as follows:
  S 97-LLLL. NEW YORK CITY OFF-TRACK BETTING CORPORATION FUND. 1.  THERE
IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER, A SPECIAL  FUND
TO BE KNOWN AS THE "NEW YORK CITY OFF-TRACK BETTING CORPORATION FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL MONIES RECEIVED BY THE STATE PURSU-
ANT TO SUBDIVISIONS ONE AND SIX OF SECTION FIVE HUNDRED TWENTY-SEVEN AND
SUBDIVISION SEVEN OF SECTION FIVE  HUNDRED  THIRTY-TWO  OF  THE  RACING,
PARI-MUTUEL  WAGERING  AND  BREEDING  LAW.  ANY  INTEREST  EARNED BY THE
INVESTMENT OF MONEYS IN SUCH FUND SHALL BE ADDED TO SUCH FUND, BECOME  A
PART OF SUCH FUND, AND BE USED FOR THE PURPOSE OF SUCH FUND.
  3.  MONEYS  OF  THE  NEW  YORK CITY OFF-TRACK BETTING CORPORATION FUND
SHALL BE MADE AVAILABLE TO THE COMPTROLLER FOR THE PURPOSE OF PAYING THE
NEW YORK CITY OFF-TRACK BETTING VENDOR OPERATOR FEE DISTRIBUTED  ACCORD-
ING  TO SECTION SIX HUNDRED TWENTY-SIX OF THE RACING, PARI-MUTUEL WAGER-
ING AND BREEDING LAW; ALL REMAINING MONEY SHALL BE  DISBURSED  INTO  THE
STATE GENERAL FUND.
  S  14. The racing, pari-mutuel wagering and breeding law is amended by
adding a new section 113 to read as follows:
  S 113. TELEPHONE AND INTERNET WAGERING. THE STATE RACING AND  WAGERING
BOARD SHALL DETERMINE WHETHER ELIMINATING OR REGULATING THE AUTHORITY OF
OUT-OF-STATE  ENTITIES TO ACCEPT TELEPHONE AND/OR INTERNET WAGERING FROM
NEW YORK STATE RESIDENTS PLACED  WHILE  IN  NEW  YORK  STATE,  WOULD  BE
CONSISTENT  WITH  THE  OBJECTIVES  OF  OFF-TRACK  PARI-MUTUEL BETTING AS
DEFINED IN SECTION FIVE HUNDRED EIGHTEEN OF  THIS  CHAPTER,  AND  IF  SO
DETERMINED,  THE  STATE  RACING  AND WAGERING BOARD SHALL ESTABLISH SUCH
GENERAL  REGULATIONS  TO  ELIMINATE  OR   REGULATE   THE   PRACTICE   OF
OUT-OF-STATE ENTITIES OF ACCEPTING SUCH WAGERS.
  S  15.  Subdivisions 4 and 5 of section 610 of the racing, pari-mutuel
wagering and breeding law are REPEALED.
  S 16. Section 611 of the racing, pari-mutuel wagering and breeding law
is REPEALED.
  S 17. Section 612 of the racing, pari-mutuel wagering and breeding law
is REPEALED.
  S 18. Section 613 of the racing, pari-mutuel wagering and breeding law
is REPEALED.
  S 19. Section 614 of the racing, pari-mutuel wagering and breeding law
is REPEALED.
  S 20. Section 616 of the racing, pari-mutuel wagering and breeding law
is REPEALED.
  S 21. Section 620 of the racing, pari-mutuel wagering and breeding law
is REPEALED.
  S 22. This act shall take effect immediately.

S. 6258--C                         66

                                 PART RR

  Section  1.  The  racing,  pari-mutuel  wagering  and  breeding law is
amended by adding a new section 503-a to read as follows:
  S 503-A.  ADDITIONAL POWERS OF THE REGIONAL OFF-TRACK  BETTING  CORPO-
RATIONS.  IN  ADDITION  TO THE POWERS ENUMERATED IN SECTION FIVE HUNDRED
THREE OF THIS ARTICLE, REGIONAL OFF-TRACK BETTING CORPORATIONS ARE HERE-
BY AUTHORIZED AND MAY FILE ANY PETITION WITH ANY UNITED STATES  DISTRICT
COURT  OR  COURT OF BANKRUPTCY UNDER ANY PROVISION OF LAWS OF THE UNITED
STATES FOR THE COMPOSITION  OR  ADJUSTMENT  OF  MUNICIPAL  INDEBTEDNESS,
PROVIDED  SUCH  CORPORATION  IS  AUTHORIZED BY A RESOLUTION ADOPTED BY A
MAJORITY OF THE PARTICIPATING COUNTIES TO SUCH REGION, OR, FOR A  CORPO-
RATION  WHOLLY  CONTAINED  WITHIN ONE COUNTY, BY A RESOLUTION ADOPTED BY
SUCH COUNTY.
  S 2. Notwithstanding any other provision of law or regulation  to  the
contrary,  all funds in a capital acquisition fund, established pursuant
to section 509-a of the racing, pari-mutuel wagering  and  breeding  law
containing  less  than  two  million dollars as of the effective date of
this chapter shall be available to a regional off-track  betting  corpo-
ration for any corporate purpose.
  S 3. This act shall take effect immediately.

                                 PART SS

  Section 1. Paragraph (d) of subdivision 15 of section 385 of the vehi-
cle  and traffic law, as amended by section 3 of part C of chapter 59 of
the laws of 2004, is amended to read as follows:
  (d) (I) Except during storms, floods, fires or other  public  emergen-
cies, no such permit may be issued to include a towing operation involv-
ing  more than two vehicles except three vehicle combinations consisting
of a tractor, semitrailer and trailer or  a  tractor  and  two  trailers
within  legal weight and width limits proceeding to or from any qualify-
ing highway or access highway. Every such permit may designate the route
to be traversed and contain any other restrictions or conditions  deemed
necessary  by  the issuing authority. Every such permit shall be carried
on the vehicle to which it refers and shall be open to the inspection of
any peace officer, acting pursuant to  his  special  duties,  or  police
officer,  or  any  other  officer or employee authorized to enforce this
section. All permits issued shall be revocable by the authority  issuing
them  at the discretion of the authority without a hearing or the neces-
sity of showing cause. Except for  a  vehicle  having  a  maximum  gross
weight  not  exceeding eighty thousand pounds without regard to any axle
weight limitation set forth herein or the maximum  gross  weight  estab-
lished  by the formula commonly referred to as the bridge formula as set
forth in subdivision ten of this section and except for state or munici-
pally-owned single vehicles engaged in snow and ice control  operations,
or  designed or fitted for snow and ice control operations while engaged
in other public works operations on public highways which do not  exceed
the  weight limits contained in subdivision seventeen-a of this section,
no permit shall be issued to allow operation or movement of any  vehicle
or  combination  of vehicles whose weight exceeds the limitations other-
wise prescribed in this section  other  than  an  annual  permit  issued
pursuant  to  paragraph (f) of this subdivision except upon a finding by
the department of transportation or the appropriate  authority,  as  the
case may be, that the load proposed is of one piece or item or otherwise
cannot  be  separated  into units of less weight provided, however, that

S. 6258--C                         67

any such permit issued upon such finding shall  not  be  valid  for  the
operation  or  movement  of  such vehicles on any state or other highway
within any city not wholly included within one county EXCEPT AS PROVIDED
IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
  (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH AND PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION  TO  THE  CONTRARY,
THE DEPARTMENT OF TRANSPORTATION MAY ISSUE SUCH PERMIT FOR THE OPERATION
OR  MOVEMENT  OF  ANY  VEHICLE  OR COMBINATION OF VEHICLES ON ANY OF THE
FOLLOWING PORTIONS OF STATE OR OTHER HIGHWAYS WITHIN ANY CITY NOT WHOLLY
INCLUDED WITHIN ONE COUNTY, AND SUCH VEHICLES OR COMBINATION OF VEHICLES
MAY OPERATE OR MOVE ON SUCH PORTIONS, AND ONLY ON SUCH PORTIONS, OF SUCH
STATE OR OTHER HIGHWAYS WITHIN SUCH CITY WITHOUT A PERMIT ISSUED BY  THE
DEPARTMENT  OF  TRANSPORTATION  OF SUCH CITY: THAT PORTION OF INTERSTATE
NINETY-FIVE BETWEEN THE BRONX-WESTCHESTER COUNTY LINE AND INTERSTATE SIX
HUNDRED NINETY-FIVE, THAT PORTION OF INTERSTATE SIX HUNDRED  NINETY-FIVE
BETWEEN  INTERSTATE  NINETY-FIVE AND INTERSTATE TWO HUNDRED NINETY-FIVE,
THAT PORTION OF INTERSTATE TWO HUNDRED  NINETY-FIVE  BETWEEN  INTERSTATE
SIX  HUNDRED  NINETY-FIVE  AND  INTERSTATE FOUR HUNDRED NINETY-FIVE, AND
THAT PORTION OF INTERSTATE FOUR HUNDRED NINETY-FIVE  BETWEEN  INTERSTATE
TWO HUNDRED NINETY-FIVE AND THE QUEENS-NASSAU COUNTY BORDER. SUCH PERMIT
SHALL  BE  ISSUED  BY  THE DEPARTMENT OF TRANSPORTATION ONLY UPON: (1) A
FINDING BY SUCH DEPARTMENT THAT THE LOAD PROPOSED IS  OF  ONE  PIECE  OR
ITEM OR OTHERWISE CANNOT BE SEPARATED INTO UNITS OF LESS WEIGHT; (2) THE
APPROVAL OF SUCH CITY; AND (3) WITH RESPECT TO BRIDGES AND HIGHWAYS OVER
WHICH  ANY  AUTHORITY  HAS JURISDICTION, THE APPROVAL OF SUCH AUTHORITY.
ANY SUCH VEHICLE OR COMBINATION OF VEHICLES OPERATING PURSUANT  TO  SUCH
PERMIT SHALL NOT EXIT THE AFOREMENTIONED HIGHWAYS UNDER ITS OWN POWER IN
ANY SUCH CITY NOT WHOLLY INCLUDED WITHIN ONE COUNTY.
  [Bulk]  (III)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, BULK milk may be
considered one piece or item.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART TT

  Section 1. The executive law is amended by adding a new article 4-B to
read as follows:
                               ARTICLE 4-B
              IMPROPER PAYMENTS REPORTING AND REDUCTION ACT
SECTION 56.   SHORT TITLE.
        56-A. DEFINITIONS.
        57.   IDENTIFICATION OF SUSCEPTIBLE PROGRAMS AND ACTIVITIES.
        57-A. ESTIMATION OF IMPROPER PAYMENTS.
        57-B. REPORTS ON ACTIONS TO REDUCE IMPROPER PAYMENTS.
        58.   IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP.
        59.   APPLICATION OF ARTICLE.
  S 56. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
"IMPROPER PAYMENTS REPORTING AND REDUCTION ACT".
  S  56-A.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL MEAN:
  1. "AGENCY" MEANS ANY EXECUTIVE BRANCH AGENCY,  DEPARTMENT,  DIVISION,
OFFICE, BOARD, COMMISSION, PUBLIC AUTHORITY (OTHER THAN A MULTI-STATE OR
MULTI-NATIONAL  AUTHORITY) OR PUBLIC BENEFIT CORPORATION, WITH AN ANNUAL
BUDGET OF AT  LEAST  TWENTY  MILLION  DOLLARS,  THE  HEAD  OF  WHICH  IS
APPOINTED BY THE GOVERNOR.

S. 6258--C                         68

  2. "IMPROPER PAYMENT" MEANS ANY PAYMENT THAT SHOULD NOT HAVE BEEN MADE
OR  THAT  WAS  MADE  IN  AN INCORRECT AMOUNT, INCLUDING OVERPAYMENTS AND
UNDERPAYMENTS, WHETHER UNDER STATUTORY, CONTRACTUAL,  ADMINISTRATIVE  OR
OTHER  LEGALLY APPLICABLE REQUIREMENTS. SUCH TERM SHALL INCLUDE, BUT NOT
BE  LIMITED  TO, ANY PAYMENT TO AN INELIGIBLE RECIPIENT, ANY PAYMENT FOR
AN INELIGIBLE SERVICE, ANY DUPLICATE PAYMENT, PAYMENTS FOR SERVICES  NOT
RECEIVED AND ANY PAYMENT THAT DOES NOT ACCOUNT FOR CREDIT FOR APPLICABLE
DISCOUNTS.
  3.  "PAYMENT"  MEANS  ANY  PAYMENT,  INCLUDING A COMMITMENT FOR FUTURE
PAYMENT, THAT IS MADE BY AN AGENCY, A STATE  CONTRACTOR,  OR  A  GOVERN-
MENTAL  OR OTHER ORGANIZATION ADMINISTERING A STATE PROGRAM OR ACTIVITY,
AND WHICH DERIVED FROM STATE FUNDS OR OTHER  STATE  RESOURCES,  OR  THAT
WILL BE REIMBURSED FROM STATE FUNDS OR OTHER STATE RESOURCES.
  S  57. IDENTIFICATION OF SUSCEPTIBLE PROGRAMS AND ACTIVITIES. THE HEAD
OF EACH AGENCY SHALL, IN ACCORDANCE WITH GUIDELINES PROMULGATED PURSUANT
TO SECTION FIFTY-EIGHT OF THIS ARTICLE, ANNUALLY REVIEW ALL PROGRAMS AND
ACTIVITIES THAT IT ADMINISTERS,  AND  IDENTIFY  ALL  SUCH  PROGRAMS  AND
ACTIVITIES THAT MAY BE SUSCEPTIBLE TO IMPROPER PAYMENTS.
  S  57-A. ESTIMATION OF IMPROPER PAYMENTS. WITH RESPECT TO EACH PROGRAM
AND ACTIVITY IDENTIFIED IN SECTION FIFTY-SEVEN OF THIS ARTICLE, THE HEAD
OF THE AGENCY SHALL:
  1. ESTIMATE THE ANNUAL AMOUNT OF IMPROPER PAYMENTS; AND
  2. REPORT SUCH ESTIMATE TO THE PUBLIC, AND THE CHAIRS  OF  THE  SENATE
FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE ON OR BEFORE
JANUARY  FIRST  OF  THE SUCCEEDING CALENDAR YEAR, AND SHALL BE POSTED ON
THE AGENCY'S INTERNET WEBSITE AND ANY OTHER WEBSITE ESTABLISHED PURSUANT
TO SECTION FIFTY-EIGHT OF THIS ARTICLE.
  ALL AGENCIES SHALL USE THE SAME METHOD OF REPORTING, AS PRESCRIBED  BY
SECTION FIFTY-EIGHT OF THIS ARTICLE.
  S  57-B.  REPORTS ON ACTIONS TO REDUCE IMPROPER PAYMENTS. WITH RESPECT
TO ANY PROGRAM  OR  ACTIVITY  OF  AN  AGENCY  WITH  IDENTIFIED  IMPROPER
PAYMENTS  PURSUANT  TO  SECTION FIFTY-SEVEN OF THIS ARTICLE, THE HEAD OF
THE  AGENCY  SHALL  INCLUDE  WITH  THE  ESTIMATE  PURSUANT  TO   SECTION
FIFTY-SEVEN-A  OF  THIS  ARTICLE  A REPORT ON WHAT ACTIONS THE AGENCY IS
TAKING TO REDUCE THE IMPROPER PAYMENTS, INCLUDING:
  1. A DISCUSSION OF THE CAUSES OF  THE  IMPROPER  PAYMENTS  IDENTIFIED,
ACTIONS  TAKEN TO CORRECT THOSE CAUSES, AND RESULTS OF THE ACTIONS TAKEN
TO ADDRESS THOSE CAUSES;
  2. A STATEMENT OF WHETHER THE AGENCY HAS THE INFORMATION  SYSTEMS  AND
OTHER  INFRASTRUCTURE  IT  NEEDS IN ORDER TO REDUCE IMPROPER PAYMENTS TO
MINIMAL COST-EFFECTIVE LEVELS;
  3. IF THE AGENCY DOES NOT HAVE  SUCH  SYSTEMS  AND  INFRASTRUCTURE,  A
DESCRIPTION  OF  THE  RESOURCES  THE  AGENCY HAS REQUESTED IN ITS BUDGET
SUBMISSION TO OBTAIN THE NECESSARY INFORMATION SYSTEMS  AND  INFRASTRUC-
TURE; AND
  4.  A  DESCRIPTION  OF  THE  STEPS THE AGENCY HAS TAKEN TO ENSURE THAT
AGENCY MANAGERS (INCLUDING THE AGENCY HEAD)  ARE  HELD  ACCOUNTABLE  FOR
REDUCING IMPROPER PAYMENTS.
  S  58.  IMPROPER  PAYMENT  ESTIMATE  GUIDANCE GROUP. 1. THERE SHALL BE
ESTABLISHED, WITHIN THE EXECUTIVE BRANCH, THE IMPROPER PAYMENT  ESTIMATE
GUIDANCE  GROUP.  SUCH  GROUP  SHALL  BE COMPOSED OF THE DIRECTOR OF THE
BUDGET WHO SHALL CHAIR THE  GROUP,  THE  STATE  INSPECTOR  GENERAL,  THE
INSPECTOR  GENERAL  OF THE METROPOLITAN TRANSPORTATION AUTHORITY AND THE
WELFARE INSPECTOR GENERAL.
  2. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS  ARTI-
CLE,  THE  IMPROPER  PAYMENT  ESTIMATE GUIDANCE GROUP SHALL MEET AND, IN

S. 6258--C                         69

CONSULTATION WITH THE STATE COMPTROLLER, PRESCRIBE  GUIDELINES  FOR  THE
IMPLEMENTATION  OF  THE  PROVISIONS  OF THIS ARTICLE. ALL AGENCIES SHALL
COOPERATE WITH SUCH GROUP TO ASSIST IT AS NECESSARY IN  THE  DEVELOPMENT
AND PROMULGATION OF GUIDELINES. THE GUIDELINES SHALL INCLUDE, BUT NOT BE
LIMITED TO:
  A.  THE MANNER IN WHICH AGENCIES SHALL REVIEW PROGRAMS AND ACTIVITIES,
AND IDENTIFY THOSE WHICH ARE SUSCEPTIBLE TO IMPROPER PAYMENTS;
  B. THE MANNER IN WHICH AGENCIES SHALL  CALCULATE  STATISTICALLY  VALID
ESTIMATES  OF  THE  ANNUAL  AMOUNT  OF IMPROPER PAYMENTS IN PROGRAMS AND
ACTIVITIES;
  C. THE MANNER IN  WHICH  AGENCIES  SHALL  IMPLEMENT  PLANS  TO  REDUCE
IMPROPER PAYMENTS; AND
  D.  THE  MANNER IN WHICH AGENCIES SHALL REPORT ESTIMATES OF THE ANNUAL
AMOUNT OF IMPROPER PAYMENTS IN PROGRAMS AND ACTIVITIES, AND PROGRESS  IN
REDUCING THEM.
  3.  THE IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP SHALL THEREAFTER MEET
AT ANY TIME AT THE CALL OF EITHER THE DIRECTOR  OF  THE  BUDGET  OR  THE
STATE  COMPTROLLER;  PROVIDED  THAT  SUCH GROUP SHALL MEET NO FEWER THAN
ONCE EVERY FOUR YEARS TO REVIEW THE GUIDELINES.
  S 59.  APPLICATION OF ARTICLE. THE PROVISIONS OF THIS ARTICLE SHALL:
  1. APPLY TO THE ADMINISTRATION OF PROGRAMS AND IMPROPER PAYMENTS  MADE
IN  STATE  FISCAL YEARS COMMENCING ON OR AFTER APRIL FIRST, TWO THOUSAND
THIRTEEN; AND
  2. REQUIRE THE  INCLUSION  OF  THE  ESTIMATES,  REPORTED  PURSUANT  TO
SECTION  FIFTY-SEVEN-A OF THIS ARTICLE, IN THE AGENCY BUDGET SUBMISSIONS
FOR STATE FISCAL YEARS COMMENCING ON OR AFTER APRIL FIRST, TWO  THOUSAND
FOURTEEN.
  S 2. This act shall take effect immediately.

                                 PART UU

  Section  1.  Subdivision  12  of  section 27-1003 of the environmental
conservation law, as added by section 3 of part SS of chapter 59 of  the
laws of 2009, is amended to read as follows:
  12.  "Reverse vending machine" means an automated device, CERTIFIED AS
TO ACCURACY BY AN INDEPENDENT THIRD PARTY OR IN ACCORDANCE  WITH  STAND-
ARDS  PROMULGATED BY THE COMMISSIONER, that uses a laser scanner, micro-
processor, or other technology to  accurately  recognize  the  universal
product  code  (UPC)  on  containers  to  determine  if the container is
redeemable and accumulates information  regarding  containers  redeemed,
including  the  number of such containers redeemed, thereby enabling the
reverse vending machine to accept containers from redeemers and to issue
a scrip or receipt for their refund value.
  S 2. Section 27-1007 of the environmental conservation law,  as  added
by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
of  subdivision  1  as  amended  by  chapter 459 of the laws of 2011, is
amended to read as follows:
S 27-1007. Mandatory acceptance.
  Except as provided in section 27-1009 of this title:
  1. (a) A dealer shall accept at his or her place of  business  from  a
redeemer  any  empty  beverage  containers  of  the design, shape, size,
color, composition and brand sold or offered for sale by the dealer, and
shall pay to the  redeemer  the  refund  value  of  each  such  beverage
container  as  established in section 27-1005 of this title. Redemptions
of refund value must be in legal tender, or a scrip or  receipt  from  a
reverse  vending  machine PROVIDED THAT SUCH REVERSE VENDING MACHINE HAS

S. 6258--C                         70

BEEN CERTIFIED AS TO ACCURACY AS REQUIRED BY THIS SECTION, AND, provided
that the scrip or receipt can be exchanged for legal tender for a period
of not less than sixty days without  requiring  the  purchase  of  other
goods.  The  use  or  presence  of  a  reverse vending machine shall not
relieve a dealer of any obligations imposed pursuant to this section. If
a dealer utilizes a reverse vending machine to redeem  containers,  ONLY
MACHINES  CERTIFIED  AS TO ACCURACY AS OUTLINED IN THIS SECTION SHALL BE
UTILIZED AND the dealer shall provide redemption of beverage  containers
when  the  reverse vending machine is full, broken, under repair or does
not accept a type of beverage container sold or offered for sale by such
dealer and may not limit the hours  or  days  of  redemption  except  as
provided by subdivision three of this section.
  (b)  Beginning  March first, two thousand ten, a dealer whose place of
business is part of a chain engaged in the same general field  of  busi-
ness  which operates ten or more units in this state under common owner-
ship and whose business has at least: (i) forty thousand but  less  than
sixty  thousand  square  feet  devoted to the display of merchandise for
sale to the public shall install and maintain at least two reverse vend-
ing machines at the dealer's place of business; (ii) sixty thousand  but
less  than  eighty-five  thousand  square feet devoted to the display of
merchandise for sale to the public shall install and maintain  at  least
three  reverse  vending  machines  at the dealer's place of business; or
(iii) eighty-five  thousand  square  feet  devoted  to  the  display  of
merchandise  for  sale to the public shall install and maintain at least
four reverse vending machines at the dealer's  place  of  business.  The
requirements  of THIS paragraph [(b) of this subdivision] to install and
maintain reverse vending machines shall not apply to a dealer that:  (i)
sells  only  beverage  containers  of  twenty  ounces or less where such
beverage containers are packaged in  quantities  fewer  than  six;  (ii)
sells  beverage  containers and devotes no more than five percent of its
floor space to the display and sale of consumer commodities, as  defined
in section two hundred fourteen-h of the agriculture and markets law; or
(iii)  obtains  a  waiver  from  the commissioner authorizing dealers to
provide consumers with an alternative technology that: (A) determines if
the container is redeemable, (B) provides protections against fraud THAT
MAY BE VERIFIED BY THE DEPARTMENT OR AN INDEPENDENT THIRD PARTY  through
a system that validates each container redeemed by reading the universal
product  code and, except with respect to refillable containers, renders
the  container  unredeemable,  (C)  accumulates  information   regarding
containers  redeemed,  and (D) issues legal tender, or a scrip, receipt,
or other form of credit for the refund value, that can be exchanged  for
legal  tender for a period of not less than sixty days without requiring
the purchase of other  goods.  Notwithstanding  the  foregoing,  if  the
alternative  technology  does  not allow consumers to immediately obtain
the refund value of the redeemed container, a dealer shall be  permitted
to deploy such alternative technology only if it also offers an alterna-
tive  that  allows consumers to conveniently and immediately obtain such
refund value through a reverse  vending  machine  or  other  alternative
method.
  (c) A dealer to which paragraph (b) of this subdivision does not apply
and whose place of business is at least forty thousand square feet which
does  not  utilize  reverse  vending  machines to process empty beverage
containers for redemption shall: (i) establish and maintain a  dedicated
area  within such business to accept beverage containers for redemption;
(ii) adequately staff such area to facilitate efficient  acceptance  and
processing  of such containers during business hours; and (iii) post one

S. 6258--C                         71

or more conspicuous signs conforming to the size and color  requirements
described  in subdivision two of this section at each public entrance to
the business which describes where in the business the  redemption  area
is  located.  The  commissioner  may  establish in rules and regulations
RELATED TO FRAUD PREVENTION AND additional standards for  the  efficient
processing of beverage containers by such dealers.
  (d)  For  the purposes of this subdivision on any day that a dealer is
open for less than twenty-four hours, the dealer may restrict or  refuse
the  payment  of refund values during the first and last hour the dealer
is open for business.
  2. A dealer shall post a conspicuous sign, at the point of sale,  that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
         THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE

YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
ACT:
  THE RIGHT to return your empties for refund to any  dealer  who  sells
the  same brand, type and size, whether you bought the beverage from the
dealer or not. It is illegal to return containers for  refund  that  you
did not pay a deposit on in New York state.
  THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
purchase.
  THE RIGHT to return your empties any day, any  hour,  except  for  the
first  and  last hour of the dealer's business day (empty containers may
be redeemed at any time in 24-hour stores).
  THE RIGHT to return your containers if  they  are  empty  and  intact.
Washing  containers  is not required by law, but is strongly recommended
to maintain sanitary conditions.
  The New York state returnable container act can be enforced by the New
York state department of environmental conservation, the New York  state
department  of agriculture and markets, the New York state department of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such sign must be no less than eight inches by ten inches in size  and
have  lettering a minimum of one quarter inch high, and of a color which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
violations of this title. The telephone number shall be  listed  on  any
sign required by this section.
  3.  On  or after June first, two thousand nine, a dealer may limit the
number of empty beverage containers to be accepted for redemption at the
dealer's place of business to no less than  seventy-two  containers  per
visit, per redeemer, per day, provided that:
  (a) The dealer has a written agreement with a redemption center, be it
either  at  a  fixed physical location within the same county and within
one-half mile of the dealer's place of business, or a mobile  redemption
center,  operated  by  a  redemption center, that is located within one-
quarter mile of the dealer's place of business.  The  redemption  center
must  have  a  written agreement with the dealer to accept containers on
behalf of the dealer; and the redemption  center's  hours  of  operation
must  cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of
a mobile redemption center, the hours of operation must cover  at  least

S. 6258--C                         72

four consecutive hours between 8:00 a.m. and 8:00 p.m.  daily. The deal-
er  must  post a conspicuous, permanent sign, meeting the size and color
specifications set forth in subdivision two of  this  section,  open  to
public  view,  identifying  the  location  and hours of operation of the
affiliated redemption center or mobile redemption center; and
  (b) The dealer provides, at a minimum, a consecutive two  hour  period
between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
to two hundred forty containers, per redeemer,  per  day,  and  posts  a
conspicuous,  permanent  sign, meeting the size and color specifications
set forth in subdivision two of this section, open to public view, iden-
tifying those hours. The dealer may not change the hours  of  redemption
without first posting a thirty day notice; and
  (c) The dealer's primary business is the sale of food or beverages for
consumption  off-premises,  and  the  dealer's place of business is less
than ten thousand square feet in size.
  4. A deposit initiator shall accept from a dealer  or  operator  of  a
redemption  center  any  empty  beverage container of the design, shape,
size, color, composition and brand sold  or  offered  for  sale  by  the
deposit  initiator,  PROVIDED  SUCH  CONTAINERS  ARE  PROPERLY SORTED AS
PROVIDED IN SUBDIVISION SIX OF THIS SECTION AND UNDER SECTION 27-1013 OF
THIS TITLE and shall pay the dealer or operator of a  redemption  center
the  refund  value  of  each  such  beverage container as established by
section 27-1005 of this title. A  deposit  initiator  shall  accept  and
redeem  all  such  empty beverage containers from a dealer or redemption
center without limitation on quantity.
  5. A deposit initiator's or distributor's failure  to  pick  up  empty
beverage  containers[, including containers processed in a reverse vend-
ing machine,] from a redemption center, dealer  or  the  operator  of  a
reverse vending machine, shall be a violation of this title.
  6.  In  addition to the refund value of a beverage container as estab-
lished by section 27-1005 of this title, a deposit initiator  shall  pay
to any dealer or operator of a redemption center a handling fee of three
and  one-half  cents for each beverage container accepted by the deposit
initiator from such dealer or operator of a redemption center.   Payment
of  the  handling  fee  shall be as compensation for collecting, sorting
ACCORDING TO MATERIAL, and packaging of empty  beverage  containers  for
transport  back to the deposit initiator or its designee. Payment of the
handling fee may not be conditioned on the  purchase  of  any  goods  or
services[,  nor may such payment be made out of the refund value account
established pursuant to section 27-1012 of this  title].  A  distributor
who  does  not  initiate  deposits  on  a  type of beverage container is
considered a dealer only for the purpose of  receiving  a  handling  fee
from a deposit initiator.
  6-A.    THE  COMMISSIONER  IS HEREBY EMPOWERED TO PROMULGATE RULES AND
REGULATIONS GOVERNING PERIODIC CERTIFICATION OF THE ACCURACY OF  REVERSE
VENDING  MACHINES  WHICH SHALL INCLUDE A RECONCILIATION OF THE AMOUNT OF
SCRAP MATERIALS COLLECTED AND THE AMOUNT OF CONTAINERS  REDEEMED.    THE
COMMISSIONER  IS ALSO AUTHORIZED TO INVESTIGATE THE FURTHER USE OF SCRAP
MATERIALS FOR THE CREATION AND EXPANSION OF  NEW  YORK  BUSINESSES  THAT
EMPLOY  INNOVATIVE  TECHNIQUES  FOR  THE  REUSE  OF  SUCH MATERIALS.   A
DISTRIBUTOR WHO DOES  NOT  INITIATE  DEPOSITS  ON  A  TYPE  OF  BEVERAGE
CONTAINER  IS  CONSIDERED  A  DEALER ONLY FOR THE PURPOSE OF RECEIVING A
HANDLING FEE FROM A DEPOSIT INITIATOR.
  7. A deposit initiator on a brand shall accept from a distributor  who
does  not  initiate deposits on that brand any empty beverage containers
of that brand accepted by the distributor from a dealer or operator of a

S. 6258--C                         73

redemption center and shall reimburse the distributor the  refund  value
of  each  such  beverage container, as established by section 27-1005 of
this title. In addition, the  deposit  initiator  shall  reimburse  such
distributor  for  each  such  beverage container the handling fee estab-
lished under subdivision six of  this  section.  [Without  limiting  the
rights  of  the department or any person, firm or corporation under this
subdivision or any other provision of this section, a distributor  shall
have  a  civil  right  of action to enforce this subdivision, including,
upon three days notice, the right to apply for temporary and preliminary
injunctive relief against continuing violations, and until  arrangements
for  collection  and return of empty containers or reimbursement of such
distributor for such deposits and handling fees are made.]
  8. It shall be the responsibility of the deposit initiator or distrib-
utor to provide to a dealer or redemption center a sufficient number  of
bags, cartons, or other suitable containers, at no cost, for the packag-
ing,  handling  and  pickup  of  empty  beverage containers that are not
redeemed through a  reverse  vending  machine.  The  bags,  cartons,  or
containers must be provided by the deposit initiator or distributor on a
schedule  that allows the dealer or redemption center sufficient time to
sort the empty beverage containers prior  to  pick  up  by  the  deposit
initiator or distributor. In addition:
  (a)  When picking up empty beverage containers, a deposit initiator or
distributor shall not require a dealer  or  redemption  center  to  load
their  own  bags,  cartons or containers onto or into the deposit initi-
ator's or distributor's vehicle or vehicles  or  provide  the  staff  or
equipment  needed  to  do  so,  HOWEVER,  WHERE  PALLETS OR SKIDS, BAGS,
CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
SIMILAR EQUIPMENT, A DEPOSIT INITIATOR  OR  DISTRIBUTOR  MAY  REQUIRE  A
DEALER  OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS USING A FORKLIFT
OR SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION CENTER AT  NO
COST.
  (b)  A  deposit initiator or distributor [shall not] MAY require empty
containers to be counted at a location other than the redemption  center
or  dealer's  place  of  business. The dealer or redemption center shall
have the right to be present at the count.
  (c) A deposit initiator or distributor shall pick  up  empty  beverage
containers  from the dealer or redemption center at reasonable times and
intervals THAT SHALL ALSO TAKE INTO ACCOUNT A MINIMUM VOLUME OF CONTAIN-
ERS NECESSARY FOR SUCH A PICK UP as determined in rules  or  regulations
promulgated  by  the  department  OR  ON  A SCHEDULE MEETING THE MINIMUM
REQUIREMENTS OF SUCH REGULATIONS AND AGREED TO BY  THE  DISTRIBUTOR  AND
THE REDEMPTION CENTER.
  9.   No person shall return or assist another to return to a dealer or
redemption center an empty beverage container for its  refund  value  if
such  container had previously been accepted for redemption by a dealer,
redemption center, or deposit initiator who initiates deposits on bever-
age containers of the same brand.
  10.  A redeemer, dealer, distributor or redemption  center  shall  not
knowingly  redeem  an  empty  beverage  container on which a deposit was
never paid in New York state.
  [11. Notwithstanding the provisions  of  subdivision  two  of  section
27-1009  of  this title, a deposit initiator or distributor shall accept
and redeem beverage containers as provided in this title, if the  dealer
or  operator  of  a  redemption  center shall have accepted and paid the
refund value of such beverage containers.]

S. 6258--C                         74

  11.  NO PERSON SHALL TAMPER WITH A REVERSE VENDING MACHINE  TO  ELICIT
DEPOSIT  MONIES  WHEN  NO VALID, REDEEMABLE CONTAINER HAS BEEN PLACED IN
SUCH REVERSE  VENDING  MACHINE.  RETAILERS  AND  DEALERS  THAT  MAINTAIN
REVERSE  VENDING MACHINES ON THEIR PREMISES MUST TAKE REASONABLE PRECAU-
TIONS  TO PREVENT SUCH TAMPERING TO OCCUR INCLUDING, BUT NOT LIMITED TO,
INSTALLATION OF SURVEILLANCE  CAMERAS  AND  APPROPRIATE  LIGHTING  WHERE
REVERSE VENDING MACHINES ARE LOCATED.
  S 3. Section 27-1009 of the environmental conservation law, as amended
by section 5 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1009. Refusal of acceptance.
  1.  A  dealer or operator of a redemption center [may] SHALL refuse to
accept from a redeemer, and a deposit  initiator  or  distributor  [may]
SHALL  refuse to accept from a dealer or operator of a redemption center
any empty beverage container which does not state thereon a refund value
as established by section 27-1005 and provided  by  section  27-1011  of
this title.
  2.  A  dealer [or], operator of a redemption center [may], DISTRIBUTOR
OR DEPOSIT INITIATOR SHALL also refuse to  accept  any  [broken  bottle,
corroded  or]  dismembered  [can,]  CONTAINER  or any beverage container
which [contains a significant amount of foreign material,] IS  OTHERWISE
SO  ALTERED  THAT  IT IS RENDERED UNREADABLE, as determined in rules and
regulations to be promulgated by the commissioner.  NOTWITHSTANDING  THE
FOREGOING,  CONTAINERS PROCESSED THROUGH REVERSE VENDING MACHINES CERTI-
FIED AS TO ACCURACY AS PROVIDED  IN  THIS  TITLE  AND  AUTHORIZED  BY  A
DISTRIBUTOR  OR DEPOSIT INITIATOR, AS DOCUMENTED THROUGH REVERSE VENDING
MACHINE RECONCILIATION STATEMENTS  OR  OTHER  REASONABLE  DOCUMENTATION,
SHALL BE REQUIRED TO BE ACCEPTED BY A DISTRIBUTOR OR DEPOSIT INITIATOR.
  3.  A DEALER, OPERATOR OF A REDEMPTION CENTER, DISTRIBUTOR, OR DEPOSIT
INITIATOR MAY REFUSE TO ACCEPT  ANY  BROKEN  BOTTLE,  CORRODED  BEVERAGE
CONTAINER, OR ANY BEVERAGE CONTAINER WHICH CONTAINS A SIGNIFICANT AMOUNT
OF  FOREIGN MATERIAL, AS DETERMINED IN RULES AND REGULATIONS PROMULGATED
BY THE COMMISSIONER.
  S 4. Section 27-1012 of the environmental conservation law,  as  added
by section 8 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1012. [Deposit  and  disposition]  DISPOSITION  of  refund  values;
             registration; reports.
  1. [Each deposit initiator shall deposit in a refund value account  an
amount equal to the refund value initiated under section 27-1005 of this
title  which is received with respect to each beverage container sold by
such deposit initiator. Such deposit initiator shall hold the amounts in
the refund value account in trust for the state. A refund value  account
shall  be  an interest-bearing account established in a banking institu-
tion located in this state, the deposits in  which  are  insured  by  an
agency  of  the  federal  government.  Deposits of such amounts into the
refund value account shall be made not less frequently than  every  five
business  days. All interest, dividends and returns earned on the refund
value account shall be paid directly into said account.  The  monies  in
such  accounts shall be kept separate and apart from all other monies in
the possession of the deposit initiator. The  commissioner  of  taxation
and  finance  may  specify  a system of accounts and records to be main-
tained with respect to accounts established under this subdivision.
  2. Payments of refund values pursuant to section 27-1007 of this title
shall be paid from each deposit initiator's  refund  value  account.  No

S. 6258--C                         75

other  payment  or  withdrawal  from  such account may be made except as
prescribed by this section.
  3.]  Each  deposit  initiator  shall  file  quarterly reports with the
commissioner of taxation and  finance  on  a  form  and  in  the  manner
prescribed  by  such  commissioner.  The  commissioner  of  taxation and
finance may require such reports to be filed electronically.  The  quar-
terly  reports required by this subdivision shall be filed for the quar-
terly periods ending on the last day of May, August, November and Febru-
ary of each year, and each such report shall be filed within twenty days
after the end of the quarterly period covered thereby. Each such  report
shall  include  all information such commissioner shall determine appro-
priate including but not limited to the following information:
  a. [the balance in the refund value account at the  beginning  of  the
quarter for which the report is prepared;
  b.  all  such  deposits  credited  to the refund value account and all
interest, dividends or returns received on  such  account,  during  such
quarter;
  c.  all withdrawals from the refund value account during such quarter,
including all reimbursements paid pursuant to subdivision  two  of  this
section,  all  service  charges  on  the  account, and all payments made
pursuant to subdivision four of this section; and
  d. the balance in the refund value account at the close of such  quar-
ter.
  4.]  THE  NUMBER OF CONTAINERS REQUIRED TO HAVE A REFUND VALUE SOLD BY
THE DEPOSIT INITIATOR DURING THE QUARTERLY PERIOD;
  B. THE NUMBER OF CONTAINERS THAT WERE REDEEMED BY THE  DEPOSIT  INITI-
ATOR DURING THE QUARTERLY PERIOD;
  C. THE NUMBER OF CONTAINERS THAT WERE UNREDEEMED BY THE DEPOSIT INITI-
ATOR DURING THE QUARTERLY PERIOD; AND
  D.  THE  AMOUNTS  PAID  TO  ANY  DISTRIBUTOR,  DEALER OR OPERATOR OF A
REDEMPTION CENTER FOR HANDLING FEES DURING THE QUARTER.
  2. a. Quarterly payments. [An] PAYMENTS OF REFUND VALUES  PURSUANT  TO
SECTION  27-1007  OF THIS TITLE, IN AN amount equal to eighty percent of
the [balance outstanding in the refund value account] UNREDEEMED  DEPOS-
ITS  HELD  BY  A DEPOSIT INITIATOR at the close of each quarter shall be
paid to the commissioner of taxation and finance at the time the  report
provided  for  in subdivision [three] ONE of this section is required to
be filed. The commissioner of taxation and finance may require that  the
payments  be  made  electronically.  The remaining twenty percent of the
balance outstanding at the close of each quarter shall be the monies  of
the  deposit  initiator  [and  may be withdrawn from such account by the
deposit initiator]. If the provisions of this section  with  respect  to
such  account  have not been fully complied with, each deposit initiator
shall pay to such commissioner at such  time,  in  lieu  of  the  amount
described  in  the  preceding  sentence,  an amount equal to the balance
which would have been outstanding on such date had such provisions  been
fully  complied  with.  The  commissioner  of  taxation  and finance may
require that the payments be made electronically.
  b. [Refund value account shortfall] OVER REDEMPTION.  In the  event  a
deposit  initiator  pays  out  more in refund values than it collects in
deposits of refund values during the course of  a  quarterly  period  as
described in subdivision [three] ONE of this section, the deposit initi-
ator  may apply to the commissioner of taxation and finance for a refund
of the amount of such excess payment  of  refund  values  [from  sources
other  than  the refund value account], in the manner as provided by the
commissioner of taxation and finance. A deposit initiator must apply for

S. 6258--C                         76

a refund no later than twelve months after the due date for  filing  the
quarterly  report for the quarterly period for which the refund claim is
made. No interest shall be payable for any refund paid pursuant to  this
paragraph.
  c. Final report. A deposit initiator who ceases to do business in this
state as a deposit initiator shall file a final report and remit payment
of eighty percent of all [amounts remaining in the refund value account]
REFUND  VALUES  HELD  BY  THE  DEPOSIT  INITIATOR as of the close of the
deposit initiator's last day of business. The commissioner  of  taxation
and  finance  may  require that the payments be made electronically. The
deposit initiator shall indicate on the  report  that  it  is  a  "final
report".  The  final  report is due to be filed with payment twenty days
after the close of the quarterly period in which the  deposit  initiator
ceases  to do business. In the event the deposit initiator pays out more
in refund values than it collects in such final  quarterly  period,  the
deposit  initiator may apply to the commissioner of taxation and finance
for a refund of the amount of such excess payment of refund values [from
sources other than the refund value account,] in the manner as  provided
by the commissioner of taxation and finance.
  [5.] 3. All monies collected or received by the department of taxation
and  finance  pursuant to this title shall be deposited to the credit of
the comptroller with such responsible banks,  banking  houses  or  trust
companies  as  may be designated by the comptroller. Such deposits shall
be kept separate and apart from all other moneys in  the  possession  of
the  comptroller.  The  comptroller shall require adequate security from
all such depositories. Of the total revenue collected,  the  comptroller
shall  retain  the amount determined by the commissioner of taxation and
finance to be necessary for refunds out of which  the  comptroller  must
pay  any  refunds  to  which  a deposit initiator may be entitled. After
reserving the amount to pay refunds, the comptroller must, by the  tenth
day  of  each  month,  pay  into the state treasury to the credit of the
general fund the revenue deposited under  this  subdivision  during  the
preceding  calendar  month  and remaining to the comptroller's credit on
the last day of that preceding month.
  [6.] 4. The commissioner and the commissioner of taxation and  finance
shall  promulgate,  and  shall  consult each other in promulgating, such
rules and regulations as may be necessary to effectuate the purposes  of
this  title.  The  commissioner  and  the  commissioner  of taxation and
finance shall provide all necessary aid and assistance  to  each  other,
including  the  sharing  of  any  information that is necessary to their
respective administration and enforcement responsibilities  pursuant  to
the provisions of this title.
  [7.  a.]  5.  Any  person  who is a deposit initiator under this title
before April first, two thousand nine, must apply  by  June  first,  two
thousand  nine to the commissioner of taxation and finance for registra-
tion as a deposit initiator. Any person who becomes a deposit  initiator
on  or after April first, two thousand nine shall apply for registration
prior to collecting any deposits  as  such  a  deposit  initiator.  Such
application  shall  be in a form prescribed by the commissioner of taxa-
tion and finance and shall require such information deemed to be  neces-
sary  for proper administration of this title. The commissioner of taxa-
tion and finance may require that applications for registration must  be
submitted electronically. The commissioner of taxation and finance shall
electronically  issue  a deposit initiator registration certificate in a
form prescribed by the  commissioner  of  taxation  and  finance  within
fifteen  days  of  receipt of such application or may take an additional

S. 6258--C                         77

ten days if the commissioner of taxation and finance deems it  necessary
to  consult  with  the  commissioner  before  issuing  such registration
certificate. A registration certificate issued pursuant to this subdivi-
sion may be issued for a specified term of not less than three years and
shall  be  subject to renewal in accordance with procedures specified by
the commissioner of taxation and finance. The commissioner  of  taxation
and  finance shall furnish to the commissioner a complete list of regis-
tered deposit initiators and  shall  continually  update  such  list  as
warranted. The commissioner shall share any information with the commis-
sioner  of taxation and finance that is necessary for the administration
of this subdivision.
  [b. The commissioner of taxation and finance shall have the  authority
to  revoke  or  refuse to renew any registration issued pursuant to this
subdivision when he or she has determined or has been  informed  by  the
commissioner that any of the provisions of this title or rules and regu-
lations promulgated thereunder have been violated. Such violations shall
include,  but  not be limited to, the failure to file quarterly reports,
the failure to make payments pursuant to this subdivision, the providing
of false or fraudulent information to either the department of  taxation
and  finance  or the department, or knowingly aiding or abetting another
person in violating any of the provisions of this  title.  A  notice  of
proposed  revocation or non-renewal shall be given to the deposit initi-
ator in the manner prescribed for a notice of deficiency of tax and  all
the  provisions applicable to a notice of deficiency under article twen-
ty-seven of the tax law shall apply to a notice issued pursuant to  this
paragraph, insofar as such provisions can be made applicable to a notice
authorized  by  this paragraph, with such modifications as may be neces-
sary in order to adapt the language of such  provisions  to  the  notice
authorized by this paragraph. All such notices issued by the commission-
er  of  taxation  and finance pursuant to this paragraph shall contain a
statement advising the deposit initiator that the revocation or  non-re-
newal  of  registration  may be challenged through a hearing process and
the petition for such a challenge must be filed with the commissioner of
taxation and finance within ninety days after such notice is  issued.  A
deposit  initiator whose registration has been so revoked or not renewed
shall cease to do business as a deposit initiator in this  state,  until
this  title  has  been  complied  with  and  a new registration has been
issued. Any deposit initiator whose registration has been so revoked may
not apply for registration for two years from the date  such  revocation
takes effect.
  8.]  6. The commissioner of taxation and finance may require the main-
tenance of such [accounts,] records or documents relating to the sale of
beverage containers, by any  deposit  initiator,  bottler,  distributor,
dealer  or  redemption  center as such commissioner may deem appropriate
for the administration of this section. Such commissioner may make exam-
inations, including the conduct of facility inspections  during  regular
business  hours,  with  respect  to the [accounts,] records or documents
required to be  maintained  under  this  subdivision.  Such  [accounts,]
records  and  documents  shall be preserved for a period of three years,
except that such commissioner may consent to  their  destruction  within
that  period  or  may require that they be kept longer. Such [accounts,]
records and documents may be kept within the meaning of this subdivision
when reproduced by any photographic, photostatic, microfilm, micro-card,
miniature photographic or other process which  actually  reproduces  the
original [accounts,] records or documents.

S. 6258--C                         78

  [9.]  7.  a.  Any  person required to be registered under this section
who, without being so registered, sells  or  offers  for  sale  beverage
containers  in  this  state, in addition to any other penalty imposed by
this title, shall be subject to a penalty to be assessed by the  commis-
sioner  of  taxation and finance in an amount not to exceed five hundred
dollars for the first day on which such sales or  offers  for  sale  are
made,  plus an amount not to exceed five hundred dollars for each subse-
quent day on which such sales or offers for sale are made, not to exceed
twenty-five thousand dollars in the aggregate.
  b. Any deposit initiator who fails to maintain [accounts  or]  records
pursuant  to  this section, unless it is shown that such failure was due
to reasonable cause and not due to negligence  or  willful  neglect,  in
addition to any other penalty imposed by this title, shall be subject to
a  penalty to be assessed by the commissioner of taxation and finance of
not more than one thousand dollars for each quarter  during  which  such
failure  occurred,  and an additional penalty of not more than one thou-
sand dollars for each quarter such failure continues.
  [10.] 8. The provisions of article twenty-seven of the tax  law  shall
apply  to  the  provisions  of  this title for which the commissioner of
taxation and finance is responsible[,  including  collection  of  refund
value amounts,] 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
section except to the extent that  any  provision  of  such  article  is
either  inconsistent with a provision of this section or is not relevant
to this section as  determined  by  the  commissioner  of  taxation  and
finance.  [Furthermore, for purposes of applying the provisions of arti-
cle twenty-seven of the tax law,  where  the  terms  "tax"  and  "taxes"
appear  in  such  article, such terms shall be construed to mean "refund
value" or "balance in the refund value account".
  11.] 9. If any deposit initiator fails or refuses to file a report  or
furnish  any information requested in writing by the department of taxa-
tion and finance or the  department,  the  department  of  taxation  and
finance  with the assistance of the department may, from any information
in its possession, make an estimate of the deficiency and  collect  such
deficiency from such deposit initiator.
  [12.]  10.  Beginning  on  June first, two thousand [nine each deposit
initiator] TWELVE ALL SUPPLIERS AND  MANUFACTURERS  shall  register  the
container  label  of any beverage offered for sale in the state on which
it initiates a deposit. Any such registered container label shall bear a
universal product code. [Such universal product code shall be  New  York
state  specific,  in order to identify the beverage container as offered
for sale exclusively in New York state, and as  a  means  of  preventing
illegal  redemption  of  beverage containers purchased out-of-state.] IN
ADDITION, A DEPOSIT INITIATOR MAY AFFIX  A  UNIVERSAL  PRODUCT  CODE  OR
OTHER  DISTINCTIVE MARKING THAT IS NEW YORK STATE SPECIFIC AS A MEANS OF
PREVENTING ILLEGAL REDEMPTION OF BEVERAGE CONTAINERS  PURCHASED  OUT  OF
STATE. Registration must be on forms as prescribed by the department and
must include the universal product code for each combination of beverage
and container manufactured. The commissioner may require that such forms
be  filed  electronically.  The  deposit  initiator  shall renew a label
registration whenever that label is revised by  altering  the  universal
product code or whenever the container on which it appears is changed in
size, composition or glass color.
  S 5. Section 27-1013 of the environmental conservation law, as amended
by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:

S. 6258--C                         79

S 27-1013. Redemption centers.
  The  commissioner  is  hereby  empowered to promulgate rules and regu-
lations governing (1) THE LICENSING OF REDEMPTION CENTER  INCLUDING  BUT
NOT  LIMITED  TO THE PAYMENT OF A LICENSE FEE, CONDITIONS FOR GRANTING A
LICENSE, GROUNDS FOR REVOCATION OF A LICENSE AND  THE  PROCESS  FOR  THE
REVOCATION  OF  A  LICENSE;  (2)  the circumstances in which dealers and
distributors, individually or collectively, are required to  accept  the
return  of  empty  beverage containers, and make payment therefor; [(2)]
(3) the sorting of the containers which a deposit initiator or distribu-
tor may require of dealers and redemption centers  PROVIDED  THAT  AT  A
MINIMUM, SUCH CONTAINERS ARE SORTED ACCORDING TO MATERIAL; [(3)] (4) the
collection  of  returned  beverage  containers  by deposit initiators or
distributors, including the party to whom such expense is to be charged,
the frequency of such pick ups THAT SHALL ALSO ALLOW A SCHEDULE  MEETING
THE  MINIMUM  REQUIREMENTS  OF  SUCH  REGULATIONS  AND  AGREED TO BY THE
DISTRIBUTOR AND THE REDEMPTION CENTER AND  THAT  SHALL  ALSO  TAKE  INTO
ACCOUNT  A MINIMUM VOLUME OF CONTAINERS NECESSARY FOR SUCH A PICK UP and
the payment for refunds and handling fees thereon; [(4)] (5)  the  right
of  dealers  to restrict or limit the number of containers redeemed, the
rules for redemption at the dealers' place of business, and the  redemp-
tion  of containers from a beverage for which sales have been discontin-
ued, and to issue permits to persons, firms or corporations which estab-
lish redemption centers, subject to applicable provisions of  local  and
state  laws,  at  which  redeemers and dealers may return empty beverage
containers and receive payment of the  refund  value  of  such  beverage
containers; (6) A SPECIFIC IDENTIFICATION SYSTEM WHICH SHALL BE ASSIGNED
TO  EACH  REDEMPTION  CENTER,  PROVIDED  THAT  SUCH  IDENTIFYING CODE OR
NUMBER, ALONG WITH THE NUMBER OF CONTAINERS CONTAINED THEREIN, SHALL  BE
AFFIXED  TO ANY BOX OR BAG PROFFERED BY A REDEMPTION CENTER TO A DEPOSIT
INITIATOR FOR REDEMPTION IN A MANNER MANDATED BY THE  COMMISSIONER;  AND
(7) MOBILE REDEMPTION CENTERS IN ORDER TO INSURE THAT TO THE BEST EXTENT
PRACTICABLE  CONTAINERS  ARE  NOT  PROFFERED FOR REDEMPTION TO A DEPOSIT
INITIATOR OUTSIDE OF THE GEOGRAPHIC AREA WHERE  SUCH  DEPOSIT  INITIATOR
SELLS  CONTAINERS  AND INITIATES DEPOSITS, PROVIDED THAT FOR PURPOSES OF
THIS SECTION, IN NO CASE MAY A MOBILE REDEMPTION CENTER REDEEM  CONTAIN-
ERS OUTSIDE OF THE COUNTY WHERE SUCH CONTAINERS WERE REDEEMED.  No deal-
er or distributor, as defined in section 27-1003 of this title, shall be
required  to  obtain a permit to operate a redemption center at the same
location as the dealer's or distributor's place of  business.  Operators
of  such redemption centers shall receive payment of the refund value of
each beverage  container  from  the  appropriate  deposit  initiator  or
distributor as provided under section 27-1007 of this title.
  S 6. Section 27-1015 of the environmental conservation law, as amended
by  section  11 of part SS of chapter 59 of the laws of 2009, is amended
to read as follows:
S 27-1015. Violations.
  1. [A violation of this title, except as otherwise  provided  in  this
section  and  section 27-1012 of this title, shall be a public nuisance.
In addition, except] CIVIL AND ADMINISTRATIVE SANCTIONS. A.   EXCEPT  as
otherwise  provided  in  this section and section 27-1012 of this title,
any  person  who  [shall  violate]  VIOLATES  any  [provision]  OF   THE
PROVISIONS  of, OR FAILS TO PERFORM A DUTY IMPOSED BY THIS TITLE, OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM  OR  CONDI-
TION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL
DETERMINATION  OR  ORDER OF THE COMMISSIONER MADE PURSUANT TO this title
shall be liable to the state of New York for a civil penalty of not more

S. 6258--C                         80

than five hundred dollars, and an additional civil penalty of  not  more
than  five hundred dollars for each day during which each such violation
continues. Any civil penalty may be assessed BY THE COMMISSIONER follow-
ing  a  hearing or opportunity to be heard OR BY THE COURT IN ANY ACTION
OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER. IN  ADDITION,
SUCH  PERSON  MAY  BY  SIMILAR  PROCESS BE ENJOINED FROM CONTINUING SUCH
VIOLATION AND ANY PERMIT OR REGISTRATION ISSUED TO SUCH  PERSON  MAY  BE
REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION DENIED.
  [2.  Any] B. IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF
TAXATION AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS  TITLE,  ANY
distributor  or  deposit  initiator  who  violates any provision of this
title, [except as provided in section 27-1012 of this title,]  OR  FAILS
TO  PERFORM  A  DUTY  IMPOSED  BY  THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY  REGISTRA-
TION  OR  PERMIT  ISSUED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR
ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE shall be liable to
the state of New York for a civil penalty of not more than one  thousand
dollars  FOR EACH VIOLATION, and an additional civil penalty of not more
than one thousand dollars for each day during which each such  violation
continues. Any civil penalty may be assessed BY THE COMMISSIONER follow-
ing  a hearing or opportunity to be heard, OR BY THE COURT IN ANY ACTION
OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER. IN  ADDITION,
SUCH DEPOSIT INITIATOR OR DISTRIBUTOR MAY BY SIMILAR PROCESS BE ENJOINED
FROM  CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRATION ISSUED TO
SUCH PERSON MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION
DENIED.
  [3.] 2. CRIMINAL SANCTIONS. A. ANY  PERSON  WHO,  HAVING  ANY  OF  THE
CULPABLE  MENTAL  STATES  DEFINED  IN  SECTION  15.05  OF THE PENAL LAW,
VIOLATES ANY PROVISION OF OR WHO FAILS TO PERFORM ANY  DUTY  IMPOSED  BY
THIS  TITLE,  OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR
ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER  MADE  PURSUANT  TO
THIS TITLE SHALL BE GUILTY OF A VIOLATION AND, UPON CONVICTION, SHALL BE
PUNISHED  BY  A  FINE  OF  NOT  MORE  THAN FIVE HUNDRED DOLLARS FOR EACH
VIOLATION; EACH DAY ON WHICH SUCH VIOLATION OCCURS  SHALL  CONSTITUTE  A
SEPARATE  VIOLATION;  AND  FOR  EACH  SUCH VIOLATION THE PERSON SHALL BE
SUBJECT, UPON CONVICTION, TO IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS
OR TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR TO BOTH IMPRISON-
MENT AND FINE.
  B. IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF  TAXATION
AND  FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY DISTRIBU-
TOR OR DEPOSIT INITIATOR WHO, HAVING ANY OF THE CULPABLE  MENTAL  STATES
DEFINED  IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY PROVISION OF OR
WHO FAILS TO PERFORM ANY DUTY IMPOSED BY THIS  TITLE,  OR  ANY  RULE  OR
REGULATION  PROMULGATED  PURSUANT THERETO, OR ANY FINAL DETERMINATION OR
ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF
A VIOLATION AND, UPON CONVICTION, SHALL BE PUNISHED BY  A  FINE  OF  NOT
MORE  THAN  ONE  THOUSAND  DOLLARS FOR EACH VIOLATION; EACH DAY ON WHICH
SUCH VIOLATION OCCURS SHALL CONSTITUTE A  SEPARATE  VIOLATION;  AND  FOR
EACH  SUCH  VIOLATION  THE  PERSON SHALL BE SUBJECT, UPON CONVICTION, TO
IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR TO A  FINE  OF  NOT  MORE
THAN ONE THOUSAND DOLLARS, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINE.
  C.  It shall be unlawful for [a distributor or deposit initiator,] ANY
PERSON, acting alone or aided by another, to return any  empty  beverage
container to a dealer or redemption center for its refund value if [the]
A distributor or deposit initiator had previously accepted such beverage
container from any dealer or operator of a redemption center, OR IF SUCH

S. 6258--C                         81

CONTAINER  WAS  PREVIOUSLY  ACCEPTED  BY  A  REVERSE  VENDING MACHINE. A
violation of this [subdivision] PARAGRAPH shall be a misdemeanor punish-
able by a fine of not less than five hundred dollars nor more  than  one
thousand  dollars  and  an amount equal to two times the amount of money
received as a result of such violation, OR  IMPRISONMENT  FOR  NOT  MORE
THAN ONE YEAR, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINES.
  D.  IN  ADDITION  TO  ANY  OTHER  PENALTY  PROVIDED BY THIS TITLE, ANY
DISTRIBUTOR  OR  DEPOSIT  INITIATOR,  WHO  KNOWINGLY  OR   INTENTIONALLY
VIOLATES  ANY  PROVISION  OF  OR  FAILS  TO  PERFORM ANY DUTY IMPOSED BY
SECTION 27-1012 OF THIS TITLE, OR ANY  RULE  OR  REGULATION  PROMULGATED
PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION-
ER  MADE  PURSUANT  TO  THIS TITLE SHALL BE GUILTY OF A MISDEMEANOR AND,
UPON CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN ONE  THOU-
SAND  DOLLARS PER DAY OF VIOLATION, OR BY IMPRISONMENT FOR NOT MORE THAN
ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  [4.] 3. UNLAWFUL REDEMPTION. Any person who [willfully] tenders  to  a
dealer,  distributor,  redemption  center or deposit initiator more than
forty-eight empty beverage containers for which  such  person  knows  or
should reasonably know that no deposit was paid in New York state may be
assessed  [by  the  department]  a  civil  penalty  of up to one hundred
dollars for each container or up to  twenty-five  thousand  dollars  for
each  such tender of containers. At each location where a person tenders
containers for redemption, dealers and redemption centers must conspicu-
ously display a sign in letters that are at least  one  inch  in  height
with the following information: "WARNING:  Persons tendering for redemp-
tion  containers  on which a deposit was never paid in this state may be
subject to a civil penalty of up to one hundred dollars per container or
up to twenty-five thousand dollars for each such tender of  containers."
Any  civil penalty may be assessed BY THE COMMISSIONER following a hear-
ing or opportunity to be heard,  OR  BY  THE  COURT  IN  ANY  ACTION  OR
PROCEEDING  PURSUANT  TO  SECTION  71-2727 OF THIS CHAPTER. IN ADDITION,
SUCH PERSON MAY BY SIMILAR PROCESS  BE  ENJOINED  FROM  CONTINUING  SUCH
VIOLATION  AND  ANY  PERMIT OR REGISTRATION ISSUED TO SUCH PERSON MAY BE
REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION DENIED.
  [5.] 4. ENFORCEMENT. A. The department, the department of  agriculture
and  markets,  the  department  of taxation and finance and the attorney
general are hereby authorized to enforce the provisions of  this  title.
In  addition, the provisions of section 27-1005 of this title and subdi-
visions one, two, three, four, five[,] AND ten [and eleven]  of  section
27-1007 of this title may be enforced by a county, city, town or village
and  the local legislative body thereof may adopt local laws, ordinances
or regulations consistent with this title providing for the  enforcement
of such provisions.
  B.  IN  ADDITION, WITHOUT LIMITING THE RIGHT OF THE DEPARTMENT, OR ANY
PERSON,  FIRM  OR  CORPORATION  UNDER  THIS  SUBDIVISION  OR  ANY  OTHER
PROVISION  OF  THIS SECTION, A DEALER, OWNER OR OPERATOR OF A REDEMPTION
CENTER, DISTRIBUTOR, OR DEPOSIT INITIATOR SHALL HAVE A  CIVIL  RIGHT  OF
ACTION  TO  ENFORCE  THE PROVISIONS OF SECTION 27-1009 OF THIS TITLE AND
SUBDIVISIONS FOUR, FIVE, SIX AND EIGHT OF SECTION 27-1007 OF THIS TITLE.
  S 7. This act shall take effect immediately.

                                 PART VV

  Section 1. Subdivision 1  of  section  19-0325  of  the  environmental
conservation  law,  as  added  by  chapter  203  of the laws of 2010, is
amended to read as follows:

S. 6258--C                         82

  (1) On or after July first, two thousand [twelve] FIFTEEN, all  number
two  heating  oil sold for use in residential, commercial, or industrial
heating within the state shall not have a sulfur  content  greater  than
fifteen parts per million.
  S 2. This act shall take effect immediately.

                                 PART WW

  Section  1.  Subdivision (a) of section 1115 of the tax law is amended
by adding a new paragraph 44 to read as follows:
  (44) ENERGY EFFICIENT TANGIBLE PERSONAL PROPERTY  OF  WHATEVER  NATURE
FOR  USE  OR CONSUMPTION DIRECTLY AND EXCLUSIVELY: (I) IN THE PRODUCTION
OF SNOW; (II) IN THE UPHILL TRANSPORTATION OF SKIERS; OR  (III)  IN  THE
GROOMING  AND  MAINTENANCE OF SNOW BY ANY PERSON ENGAGED IN THE BUSINESS
OF OPERATING A RECREATIONAL FACILITY FOR SKIING.
  S 2. Section 1115 of the tax law is amended by adding a  new  subdivi-
sion (hh) to read as follows:
  (HH)  FUEL,  GAS, ELECTRICITY AND REFRIGERATION, AND GAS, ELECTRIC AND
REFRIGERATION SERVICE OF WHATEVER NATURE FOR USE OR CONSUMPTION DIRECTLY
AND EXCLUSIVELY IN THE PRODUCTION OF SNOW BY ANY PERSON ENGAGED  IN  THE
BUSINESS  OF  OPERATING  A  RECREATIONAL  FACILITY  FOR SKIING, SHALL BE
EXEMPT FROM THE TAXES IMPOSED UNDER SUBDIVISIONS (A) AND (B) OF  SECTION
ELEVEN  HUNDRED  FIVE AND THE COMPENSATING USE TAX IMPOSED UNDER SECTION
ELEVEN HUNDRED TEN OF THIS ARTICLE.
  S 3. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

                                 PART XX

  Section  1.  (a) Notwithstanding any other provision of law or rule or
regulation to the contrary an electric generating  facility  located  in
the county of Nassau, Suffolk or the Rockaway Peninsula of the county of
Queens  and  that is listed as a site for a potential repowering project
or retirement option, as considered on  page  twenty-nine  of  the  Long
Island  Power Authority electric resource plan of 2010-2020, and includ-
ing the decommissioned nuclear power plant site in the town of Shoreham,
shall be deemed to be a site eligible for participation  in  the  brown-
field cleanup program, as defined in subdivision 2 of section 27-1405 of
the  environmental  conservation law, notwithstanding any limitations on
participation listed in paragraphs (a) through (e) of such  subdivision,
if  such electric generating facility site is intended to be redeveloped
as a qualifying repowering or an  otherwise  new  or  expanded  electric
generating facility as provided by subdivision (b) of this section.
  (b)  An  electric  generating  facility shall be deemed utilized for a
qualifying repowering or an otherwise new or expanded electric  generat-
ing facility if it:
  (i)  is  designed and intended to operate at an electricity production
efficiency level of at least 48 percent;
  (ii) will be capable of producing at least 600 mega watts of  electric
generating capacity running at least 7000 hours per year;
  (iii)  will be able to achieve a 2 parts per million limit for nitrous
oxide emissions using lowest achievable emission rate technologies;
  (iv) will utilize lowest  achievable  emission  rate  technologies  if
feasible,  or,  at  a  minimum,  best available control technologies for
carbon monoxide and sulfur dioxide emission levels;

S. 6258--C                         83

  (v) will fully incorporate existing power generating structures within
a repowering power electric generating facility, or will safely demolish
and remove from such site the existing operating or decommissioned elec-
tric generating facility or facilities on such site prior to  the  issu-
ance of such certificate of completion; and
  (vi) will have been issued such certificate of completion on such site
no  later  than  March 31, 2017, if such existing facility or facilities
are scheduled to be, or are, decommissioned, or currently or proposed to
be operated only under conditions determined to meet the criteria of  an
emergency operator as declared by the New York independent system opera-
tor;  and  will place in service the new electric generating facility or
facilities related to such site no later than March 31,  2020;  provided
that  such  date  limitations regarding the issuance of a certificate of
completion or placed in service date  shall  not  apply  to  the  former
Shoreham  nuclear  power  plant site or any other facility or facilities
not scheduled to be, or are, decommissioned, or currently or proposed to
be operated only under conditions determined to meet the criteria of  an
emergency operator as declared by the New York independent system opera-
tor  listed  as a repowering or retirement option on page twenty-nine of
the  Long  Island  Power  Authority  adopted  electric   resource   plan
2010-2020.
  (c) An electric generating facility which has satisfied the conditions
of  subdivision (b) of this section and has been issued a certificate of
completion pursuant to section 27-1419 of the environmental conservation
law, shall be deemed to be (i) a site used primarily  for  manufacturing
activities,  as  that phrase is defined in subparagraph (B) of paragraph
(3-a) of subdivision (a) of section 21 of the tax law; and (ii) an envi-
ronmental zone, as defined  by  paragraph  (6)  of  subdivision  (b)  of
section 21 and paragraph (5) of subdivision (a) of section 22 of the tax
law.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed on April 1, 2030.

                                 PART YY

  Section 1. Within 90 days, the power authority of  the  state  of  New
York shall conduct an analysis of the current economic viability of load
producing  electric  generating facilities in the counties of Chautauqua
and Niagara, and as deemed feasible and advisable by the board of  trus-
tees, taking full consideration of the requirements and viability of the
entire  power  generating  system  needs  of  the state of New York with
special consideration of the ratepayers and  taxpayers  in  Western  New
York, recommend entering into a purchase power agreement with the owners
and  operators  of such facilities. Such power purchase agreements shall
be designed to maintain said facilities power production capacities at a
rate sufficient to ensure at least three years worth of no less  than  a
level  of  operating income necessary to allow said facilities to remain
open and functioning and fully staffed at at  least  ninety  percent  of
current employment levels, payrolls and benefits.
  S 2. This act shall take effect immediately.
  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-

S. 6258--C                         84

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 YY of this act shall be
as specifically set forth in the last section of such Parts.

2011-S6258D (ACTIVE) - Details

See Assembly Version of this Bill:: A9058
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2011-S6258D (ACTIVE) - Summary

2011-S6258D (ACTIVE) - Bill Text download pdf

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

    S. 6258--D                                            A. 9058--D

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

                            January 17, 2012
                               ___________

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

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

AN ACT to authorize funding for the Consolidated Local Street and  High-
  way  Improvement  Program  (CHIPS)  and  Marchiselli program for state
  fiscal year 2012-2013; to amend chapter  329  of  the  laws  of  1991,
  amending  the  state finance law and other laws relating to the estab-
  lishment of the dedicated highway and bridge trust fund; and to  amend
  chapter  60  of  the laws of 2011, authorizing funding for the Consol-
  idated Local  Street  and  Highway  Improvement  Program  (CHIPS)  and
  Marchiselli program for state fiscal year 2011-2012 and amending chap-
  ter  329 of the laws of 1991, amending the state finance law and other
  laws relating to the establishment of the dedicated highway and bridge
  trust fund, in relation to the  effectiveness  thereof  (Part  A);  to
  amend  the highway law and the state finance law, in relation to modi-
  fying the distribution of certain funds (Part B); to amend the  trans-
  portation  law,  in  relation  to enacting a risk-based bus inspection
  program (Part C); to amend the vehicle and traffic law, in relation to
  commercial driver's licenses and medical certifications; and to repeal
  paragraph (f) of subdivision 3 of section 510-a  of  the  vehicle  and

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

                      [ ] is old law to be omitted.
                                                           LBD12673-06-2

S. 6258--D                          2                         A. 9058--D

  traffic  law,  relating  to  commercial driver's licenses (Part D); to
  amend the public authorities law, in  relation  to  notes,  bonds  and
  other   obligations  of  the  metropolitan  transportation  authority,
  Triborough  bridge  and  tunnel  authority  and  New York city transit
  authority (Part E); to amend vehicle and traffic law  in  relation  to
  establishing  an additional retention rate for county clerks acting as
  an agent of the department of motor vehicles based upon internet tran-
  sactions (Part F); to amend the transportation law,  the  vehicle  and
  traffic law, the general municipal law, the environmental conservation
  law and the executive law, in relation to federal revenue (Part G); to
  amend  the  environmental  conservation  law, in relation to the regu-
  lation of various fish and wildlife licenses, permits  and  fees;  and
  repealing  certain  provisions  of such law relating thereto (Part H);
  intentionally omitted (Part I); to amend the  environmental  conserva-
  tion  law,  in relation to hazardous waste program fees and surcharges
  (Part J); to amend the state finance law and  the  public  authorities
  law,  in relation to the sewage treatment and drinking water funds and
  the water pollution control and drinking water revolving  funds  (Part
  K);  to  amend  the  agriculture  and markets law, in relation to seed
  testing (Part L);  to  amend  the  agriculture  and  markets  law,  in
  relation to cost recovery for services (Part M); to amend the agricul-
  ture and markets law, in relation to food processing license fees; and
  to  repeal subdivision 4 of section 128-a and subdivision 3 of section
  133-a of the agriculture and markets law and section 90-b of the state
  finance law relating to the commercial feed licensing fund  (Part  N);
  to  authorize and direct the New York state energy research and devel-
  opment authority to make a payment  to  the  general  fund  of  up  to
  $913,000 (Part O); to authorize the New York state energy research and
  development  authority  to finance a portion of its research, develop-
  ment and demonstration and policy and planning programs  from  assess-
  ments on gas and electric corporations (Part P); intentionally omitted
  (Part  Q);  to amend chapter 393 of the laws of 1994, amending the New
  York state urban development corporation act, relating to  the  powers
  of  the New York state urban development corporation to make loans, in
  relation to the effectiveness thereof (Part R); to amend the New  York
  state  urban  development  corporation  act,  in relation to extending
  certain provisions relating to the empire state  economic  development
  fund  (Part  S);  intentionally  omitted  (Part T); to amend the state
  finance law, in relation to the excelsior linked deposit act (Part U);
  to authorize the department of health to  finance  certain  activities
  with  revenues generated from an assessment on cable television compa-
  nies (Part V); intentionally omitted (Part W);  intentionally  omitted
  (Part  X);  to amend the racing, pari-mutuel wagering and breeding law
  in relation to employment of officials at harness  race  meetings  and
  reimbursement  by licensed racing corporations to the state racing and
  wagering board for the per diem  cost  of  such  employees  (Part  Y);
  intentionally  omitted  (Part Z); to amend the public authorities law,
  in relation to the recovery of state governmental  costs  from  public
  authorities  and  public  benefit corporations (Part AA); to amend the
  public authorities law,  in  relation  to  authorizing  the  dormitory
  authority  to  enter  into  certain design and construction management
  agreements; and providing for the repeal of such provisions  upon  the
  expiration  thereof  (Part  BB);  intentionally  omitted (Part CC); to
  amend the public  authorities  law  and  the  real  property  law,  in
  relation  to  the on-bill recovery mechanism for the "green jobs-green
  New York" program (Part DD); to amend the  environmental  conservation

S. 6258--D                          3                         A. 9058--D

  law,  in  relation to the use of ultra low sulfur diesel fuel and best
  available technology by the state (Part EE);  to  amend  the  environ-
  mental  conservation law, in relation to directing the commissioner of
  environmental  conservation to create gift cards for hunting and fish-
  ing licenses (Part FF); to amend the economic development law and  the
  public  authorities  law, in relation to enacting the western New York
  power proceeds allocation act; and to repeal chapter 436 of  the  laws
  of  2010, relating to authorizing unallocated expansion or replacement
  power to be allocated for western New York economic  development  fund
  benefits  (Part  GG);  to  amend the state finance law, in relation to
  infrastructure investment (Part HH); and to amend the racing, pari-mu-
  tuel wagering and breeding law,  in  relation  to  regional  off-track
  betting   corporations;  and  providing  for  the  repeal  of  certain
  provisions upon expiration thereof (Part II)

  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 II. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. The sum of four hundred two million seven  hundred  ninety-
seven  thousand  dollars  ($402,797,000), or so much thereof as shall be
necessary, and in addition to amounts previously appropriated by law, is
hereby made available, in accordance with subdivision 1 of  section  380
of  the  public  authorities  law as amended, according to the following
schedule.  Payments pursuant to subdivision (a) of this section shall be
made available as moneys become available for  such  payments.  Payments
pursuant  to  subdivisions  (b)  and  (c)  of this section shall be made
available on the fifteenth day of June, September, December and March or
as soon thereafter as moneys become  available  for  such  payments.  No
moneys  of  the state in the state treasury or any of its funds shall be
available for payments pursuant to this section:
                                SCHEDULE
  (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
1991, as amended. The department of transportation  shall  provide  such
information  to  the  municipalities as may be necessary to maintain the
federal tax exempt status of any  bonds,  notes,  or  other  obligations
issued  by  such  municipalities to provide for the non-federal share of
the cost of projects pursuant to chapter 330 of  the  laws  of  1991  or
section 80-b of the highway law.

S. 6258--D                          4                         A. 9058--D

  The  program  authorized  pursuant to section 15 of chapter 329 of the
laws of 1991, as added by section 9 of chapter 330 of the laws of  1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year        Amount
                    2012-13                  $39,700,000
  (b)   Three  hundred  four  million  three  hundred  thousand  dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of eligible costs of local  highway  and  bridge  projects  pursuant  to
sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
section 9 of chapter 330 of the  laws  of  1991,  as  amended.  For  the
purposes of computing allocations to municipalities, the amount distrib-
uted  pursuant to section 16 of chapter 329 of the laws of 1991 shall be
deemed to be $121,520,000.  The amount distributed pursuant  to  section
16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
$182,780,000.  Notwithstanding the provisions of any general or  special
law,  the  amounts  deemed  distributed in accordance with section 16 of
chapter 329 of the laws of 1991 shall be adjusted so that  such  amounts
will  not  be less than 83.807 percent of the "funding level" as defined
in subdivision 5 of section 10-c of the highway law for each such  muni-
cipality.  In  order  to achieve the objectives of section 16 of chapter
329 of the laws of 1991, to the extent necessary, the amounts in  excess
of  83.807 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced  in  equal  propor-
tion.
  (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible  costs  of
local  highway  and  bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing  allocations
to  municipalities,  the  amount  distributed  pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be  $23,480,000.  The
amount  distributed  pursuant to section 16-a of chapter 329 of the laws
of  1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding   the
provisions of any general or special law, the amounts deemed distributed
in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 16.193 percent of
the "funding level" as defined in subdivision 5 of section 10-c  of  the
highway  law  for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
necessary,  the amounts in excess of 16.193 percent of the funding level
to be deemed distributed to each  municipality  under  this  subdivision
shall  be  reduced  in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000,
the payment amounts to each locality shall  be  adjusted  by  a  uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991,  as  amended,  shall  additionally make payments for reimbursement
according to the following schedule:
                    State Fiscal Year        Amount
                    2012-13                  $363,097,000
  S 2. Subdivision (f) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as added by section

S. 6258--D                          5                         A. 9058--D

2 of part A of chapter 60 of the laws of 2011, is  amended  to  read  as
follows:
  (f)  For purposes of this section and section 10-c of the highway law,
[for projects completed on or before March 31, 2012] local  highway  and
bridge projects may also include the following work types: (1) microsur-
facing,  (2)  paver  placed surface treatment, (3) single course surface
treatment involving chip seals and oil and stone, and (4) double  course
surface  treatment  involving chip seals and oil and stone[, however, no
reimbursement shall be made for (1)  microsurfacing,  (2)  paver  placed
surface  treatment,  (3)  single course surface treatment involving chip
seals and oil and stone, and (4) double course surface treatment involv-
ing chip seals and oil and stone after March 31, 2012].    Reimbursement
for  projects  using  these  treatments may be made from the proceeds of
bonds, notes or other obligations issued by the New York  state  thruway
authority  pursuant  to  section  380  of  the public authorities law or
otherwise as determined by the director of the budget.
  S 3. Subdivision (f) of section 16-a of chapter 329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund,  as  added
by  section 3 of part A of chapter 60 of the laws of 2011, is amended to
read as follows:
  (f) For purposes of this section and section 10-c of the highway  law,
[for  projects  completed on or before March 31, 2012] local highway and
bridge projects may also include the following work types: (1) microsur-
facing, (2) paver placed surface treatment, (3)  single  course  surface
treatment  involving chip seals and oil and stone, and (4) double course
surface treatment involving chip seals and oil and stone[,  however,  no
reimbursement  shall  be  made  for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface  treatment  involving  chip
seals and oil and stone, and (4) double course surface treatment involv-
ing  chip  seals and oil and stone after March 31, 2012].  Reimbursement
for projects using these treatments may be made  from  the  proceeds  of
bonds,  notes  or other obligations issued by the New York state thruway
authority pursuant to section 380  of  the  public  authorities  law  or
otherwise as determined by the director of the budget.
  S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment  of  the  dedicated  highway  and  bridge trust fund, as amended by
section 4 of part A of chapter 60 of the laws of  2011,  is  amended  to
read as follows:
  (d) Any such service contract (i) shall provide that the obligation of
the  director  of  the budget or the state to fund or to pay the amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provisions in the  event  the
thruway  authority assigns or pledges service contract payments as secu-
rity for its bonds or notes, (ii) shall be deemed executory only to  the
extent  moneys  are available and that no liability shall be incurred by
the state beyond the moneys available for the  purpose,  and  that  such
obligation  is  subject  to annual appropriation by the legislature, and
(iii) shall provide that no funds  shall  be  made  available  from  the
proceeds  of  bonds  or notes issued pursuant to this chapter unless the
commissioner of transportation has certified  to  the  chairman  of  the
thruway  authority  that  such  funds  shall be used exclusively for the
purposes  authorized  by  subdivision  (a)  of  this   section,   and/or
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,

S. 6258--D                          6                         A. 9058--D

preliminary  engineering,  and  construction supervision and inspection,
where the service life of the project is at  least  ten  years  or  [for
projects  completed  on  or before March 31, 2012] where the project is:
(1)  microsurfacing,  (2)  paver  placed  surface  treatment, (3) single
course surface treatment involving chip seals and oil and stone and  (4)
double  course surface treatment involving chip seals and oil and stone,
and unless the director of the budget has certified to the  chairman  of
the  thruway  authority  that  a spending plan has been submitted by the
commissioner of transportation and has been approved by the director  of
the  budget. [No reimbursement shall be made for (1) microsurfacing, (2)
paver placed surface treatment,  (3)  single  course  surface  treatment
involving  chip  seals  and oil and stone, and (4) double course surface
treatment involving chip seals and oil and stone after March 31, 2012.]
  S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
section  5  of  part  A of chapter 60 of the laws of 2011, is amended to
read as follows:
  (b) Each county, city, town and village shall certify to  the  commis-
sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
construction, reconstruction or improvement of local  highways,  bridges
and/or  highway-railroad  crossings, including right of way acquisition,
preliminary engineering, and  construction  supervision  and  inspection
where  the  service  life  of  the project is at least ten years or [for
projects completed on or before March 31, 2012] where  the  project  is:
(1)  microsurfacing,  (2)  paver  placed  surface  treatment, (3) single
course surface treatment involving chip seals and oil and stone and  (4)
double  course surface treatment involving chip seals and oil and stone.
[No reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface  treatment  involving  chip
seals and oil and stone, and (4) double course surface treatment involv-
ing  chip  seals  and  oil and stone after March 31, 2012.] Such certif-
ication shall include any such information as may be necessary to  main-
tain  the federal tax exempt status of bonds, notes or other obligations
issued by the New York state thruway authority pursuant to  section  380
of  the public authorities law. The commissioner of transportation shall
in writing request the municipalities to furnish such information as may
be necessary to comply with this section.
  S 6. Subdivision (b) of section 16-a of chapter 329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 6 of part A of chapter 60 of the laws of 2011, is amended  to
read as follows:
  (b)  Each  county, city, town and village shall certify to the commis-
sioner  of  transportation  that  amounts  to  be  reimbursed  are   for
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,
preliminary  engineering,  and  construction  supervision and inspection
where the service life of the project is at  least  ten  years  or  [for
projects  completed  on  or before March 31, 2012] where the project is:
(1) microsurfacing, (2)  paver  placed  surface  treatment,  (3)  single
course  surface treatment involving chip seals and oil and stone and (4)
double course surface treatment involving chip seals and oil and  stone.
[No reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface  treatment,  (3)  single course surface treatment involving chip
seals and oil and stone, and (4) double course surface treatment involv-

S. 6258--D                          7                         A. 9058--D

ing chip seals and oil and stone after March  31,  2012.]  Such  certif-
ication  shall include any such information as may be necessary to main-
tain the federal tax exempt status of bonds, notes or other  obligations
issued  by  the New York state thruway authority pursuant to section 380
of the public authorities law. The commissioner shall in writing request
the municipalities to furnish such information as may  be  necessary  to
comply with this section.
  S 7.  Section 7 of part A of chapter 60 of the laws of 2011, authoriz-
ing  funding  for  the Consolidated Local Street and Highway Improvement
Program (CHIPS) and Marchiselli program for state fiscal year  2011-2012
and amending chapter 329 of the laws of 1991, amending the state finance
law  and other laws relating to the establishment of the dedicated high-
way and bridge trust fund, is amended to read as follows:
  S 7. This act shall take effect immediately[; provided, however,  that
sections  two, three, four, five and six of this act shall expire and be
deemed repealed on April 1, 2012].
  S 8. This act shall take effect immediately.

                                 PART B

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

S. 6258--D                          8                         A. 9058--D

performed pursuant to subdivision twenty-seven  or  subdivision  thirty-
five  of  section  ten of the highway law, (iii) any moneys collected by
the department of  transportation  for  services  provided  pursuant  to
agreements  entered into in accordance with section ninety-nine-r of the
general municipal law, and (iv) any other moneys collected  therefor  or
credited or transferred thereto from any other fund, account or source.
  S  3.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
finance law, as amended by section 3 of chapter 165 of the laws of 2008,
is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
eighty-nine-e,  three  hundred  one-j,  five  hundred fifteen and eleven
hundred sixty-seven of the tax law, section  four  hundred  one  of  the
vehicle  and traffic law, and section thirty-one of chapter fifty-six of
the laws of nineteen hundred  ninety-three,  (ii)  all  fees,  fines  or
penalties  collected  by  the commissioner of transportation pursuant to
section fifty-two, SECTION THREE HUNDRED  TWENTY-SIX,  and  subdivisions
five,  eight  and  twelve  of  section  eighty-eight of the highway law,
subdivision fifteen of section three hundred eighty-five of the  vehicle
and  traffic  law,  section  fifteen  of  this chapter, excepting moneys
deposited with the state on account of betterments performed pursuant to
subdivision twenty-seven or subdivision thirty-five of  section  ten  of
the  highway law, (iii) any moneys collected by the department of trans-
portation for services provided pursuant to agreements entered  into  in
accordance  with section ninety-nine-r of the general municipal law, and
(iv) any other moneys collected  therefor  or  credited  or  transferred
thereto from any other fund, account or source.
  S  4.  This  act shall take effect immediately, and shall be deemed to
have been in full force and effect on  and  after  April  1,  2012;  and
provided, however, that the amendments to paragraph (a) of subdivision 3
of section 89-b of the state finance law made by section two of this act
shall  be  subject  to  the  expiration  and reversion of such paragraph
pursuant to section 13 of part U-1 of chapter 62 of the laws of 2003, as
amended, when upon such date the provisions of section three of this act
shall take effect.

                                 PART C

  Section 1. Subdivision 3 of section 140 of the transportation law,  as
added by chapter 635 of the laws of 1983, is amended to read as follows:
  3.  No  motor  vehicle  [carrying]  DESIGNED  TO  CARRY passengers, as
described in subdivision two of this section, shall be  operated  within
the  state  unless  it carries prominently displayed thereon the name of
the operator and certificate evidencing an inspection in accordance with
the rules and regulations of the commissioner within  a  period  of  six
months  last  preceding.  The  commissioner may, by order, rule or regu-
lation, exempt from the requirements of this subdivision, vehicles which
are not  operated  exclusively  in  transportation  services  for  which
inspection  is  required,  provided  that  written evidence of the names
otherwise subject  to  prominent  display  and  such  a  certificate  of
inspection  are  at  all  times  carried within such vehicles to be made
available for examination upon proper demand,  while  the  vehicles  are
operated  in such service.  IN ADDITION, THE COMMISSIONER MAY, BY ORDER,
RULE OR REGULATION, ESTABLISH A RISK-BASED  INSPECTION  PROGRAM  WHEREBY
OPERATORS  WHOSE INSPECTION PERFORMANCE FAILS TO MEET PERFORMANCE STAND-

S. 6258--D                          9                         A. 9058--D

ARDS ESTABLISHED BY THE COMMISSIONER SHALL BE SUBJECT  TO  COMPREHENSIVE
SAFETY REVIEWS AND/OR ADDITIONAL INSPECTIONS.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART D

  Section 1. Subdivision 1 of section 502 of  the  vehicle  and  traffic
law,  as  amended  by  section 2 of part CC of chapter 58 of the laws of
2011, is amended to read as follows:
  1. Application for license. Application for a driver's  license  shall
be  made to the commissioner. The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking of a photo image or images of the applicant  in  accordance  with
rules  and  regulations prescribed by the commissioner. In addition, the
commissioner also shall require that the applicant provide  his  or  her
social  security number and provide space on the application so that the
applicant may register in the New York  state  organ  and  tissue  donor
registry under section forty-three hundred ten of the public health law.
In  addition,  an  applicant  for a commercial driver's license who will
operate a commercial motor vehicle in interstate commerce shall  certify
that such applicant meets the requirements to operate a commercial motor
vehicle,  as  set forth in public law 99-570, title XII, and title 49 of
the code of federal regulations, and all regulations promulgated by  the
United  States secretary of transportation under the hazardous materials
transportation act. In addition, an applicant for a commercial  driver's
license shall submit a medical certificate at such intervals as required
by  the  federal  motor  carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of  federal  regulations  relating  to
medical  certification  and  in a manner prescribed by the commissioner.
For purposes of this section and sections five hundred three [and], five
hundred ten-a, AND FIVE HUNDRED TEN-AA of this title, the  [term]  TERMS
"medical  certificate"  AND  "MEDICAL  CERTIFICATION"  shall mean a form
substantially in compliance with the form set forth in Part 391.43(h) of
title 49 of the code of federal regulations. Upon a  determination  that
the  holder  of  a commercial driver's license has made any false state-
ment, with respect to the application for such license, the commissioner
shall revoke such license.
  S 2. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
traffic  law,  as  amended  by section 3 of part CC of chapter 58 of the
laws of 2011, is amended to read as follows:
  (b) An application for a license shall be valid for a period  of  time
specified  by regulation of the commissioner not to exceed five years. A
learner's permit shall be valid from its issuance until  the  expiration
of  the  application  for  a  driver's  license for which it was issued.
Provided, however, that [if the medical certificate submitted in accord-
ance with the requirements of the federal motor carrier safety  improve-
ment  act  of 1999 and Part 383.71(h) of title 49 of the code of federal
regulations by an applicant for a commercial driver's  license  expires,
any]  A learner's permit [that may have been] issued by the commissioner
in connection with  [the]  AN  application  FOR  A  COMMERCIAL  DRIVER'S
LICENSE shall be [suspended] CANCELLED WITHIN SIXTY DAYS OF THE HOLDER'S
MEDICAL  CERTIFICATION  STATUS  BECOMING "NOT-CERTIFIED" BASED UPON: (I)
THE EXPIRATION OF THE HOLDER'S MEDICAL CERTIFICATION OR MEDICAL VARIANCE

S. 6258--D                         10                         A. 9058--D

DOCUMENTATION REQUIRED BY THE FEDERAL MOTOR CARRIER  SAFETY  IMPROVEMENT
ACT  OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS; (II) THE HOLDER'S FAILURE TO SUBMIT SUCH MEDICAL  CERTIFICATION
OR  MEDICAL  VARIANCE DOCUMENTATION AT SUCH INTERVALS AS REQUIRED BY THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART  383.71(H)
OF  TITLE  49  OF  THE  CODE  OF  FEDERAL  REGULATIONS  AND  IN A MANNER
PRESCRIBED BY THE COMMISSIONER; OR (III) THE RECEIPT BY THE COMMISSIONER
OF INFORMATION FROM THE ISSUING MEDICAL EXAMINER OR  THE  FEDERAL  MOTOR
CARRIER  SAFETY  ADMINISTRATION  THAT A MEDICAL CERTIFICATION OR MEDICAL
VARIANCE WAS ISSUED IN ERROR OR RESCINDED. THE COMMISSIONER SHALL,  UPON
A  HOLDER'S  STATUS  BECOMING "NOT-CERTIFIED", NOTIFY THE HOLDER OF SUCH
LEARNER'S PERMIT ISSUED IN CONNECTION WITH A COMMERCIAL DRIVER'S LICENSE
APPLICATION BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH  PERSON  ON  FILE
WITH  THE  DEPARTMENT  OR  AT THE CURRENT ADDRESS PROVIDED BY THE UNITED
STATES POSTAL SERVICE OF HIS  OR  HER  "NOT-CERTIFIED"  MEDICAL  CERTIF-
ICATION  STATUS AND THAT THE COMMERCIAL MOTOR VEHICLE PRIVILEGES OF SUCH
LEARNER'S PERMIT WILL BE CANCELLED UNLESS HE OR SHE  SUBMITS  A  CURRENT
MEDICAL  CERTIFICATE  AND/OR  MEDICAL  VARIANCE  IN ACCORDANCE WITH PART
383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS OR CHANGES  HIS
OR  HER  SELF-CERTIFICATION  TO  DRIVING  ONLY IN EXCEPTED OR INTRASTATE
COMMERCE IN ACCORDANCE WITH PART 383.71(B)(II)(B), (C) OR (D)  OF  TITLE
49 OF THE CODE OF FEDERAL REGULATIONS.
  S  3.  Paragraph  (f) of subdivision 3 of section 510-a of the vehicle
and traffic law is REPEALED.
  S 4. The vehicle and traffic law is amended by adding  a  new  section
510-aa to read as follows:
  S  510-AA.  DOWNGRADE  OF  COMMERCIAL  DRIVER'S LICENSES. A COMMERCIAL
DRIVER'S LICENSE  SHALL  BE  DOWNGRADED  TO  A  NON-COMMERCIAL  DRIVER'S
LICENSE  BY  THE  COMMISSIONER WITHIN SIXTY DAYS OF THE HOLDER'S MEDICAL
CERTIFICATION STATUS BECOMING "NOT-CERTIFIED" BASED UPON THE  EXPIRATION
OF  THE HOLDER'S MEDICAL CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION
REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS,  OR  UPON
THE  HOLDER'S  FAILURE  TO  SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL
VARIANCE DOCUMENTATION AT SUCH INTERVALS  AS  REQUIRED  BY  THE  FEDERAL
MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE
49  OF THE CODE OF FEDERAL REGULATIONS AND IN A MANNER PRESCRIBED BY THE
COMMISSIONER. A COMMERCIAL DRIVER'S LICENSE SHALL ALSO BE DOWNGRADED  TO
A  NON-COMMERCIAL DRIVER'S LICENSE BY THE COMMISSIONER WITHIN SIXTY DAYS
OF THE HOLDER'S MEDICAL CERTIFICATION  STATUS  BECOMING  "NOT-CERTIFIED"
BASED  UPON  RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL EXAMINER OR
THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT A  MEDICAL  CERTIF-
ICATION OR MEDICAL VARIANCE WAS ISSUED IN ERROR OR RESCINDED. SUCH DOWN-
GRADE SHALL BE TERMINATED, AND THE COMMERCIAL DRIVER'S LICENSE RESTORED,
UPON:  (1) THE HOLDER'S SUBMISSION OF THE REQUIRED VALID MEDICAL EXAMIN-
ER'S CERTIFICATE OR MEDICAL VARIANCE DOCUMENTATION; OR (2) THE  HOLDER'S
SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE OPER-
ATION HE OR SHE ENGAGES, OR EXPECTS TO ENGAGE IN, AND THAT THE HOLDER IS
THEREFORE  NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART  383.71(H)
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.  THE COMMISSIONER SHALL,
UPON  A  HOLDER'S  STATUS BECOMING "NOT-CERTIFIED", NOTIFY THE HOLDER OF
SUCH COMMERCIAL DRIVER'S LICENSE BY FIRST CLASS MAIL TO THE  ADDRESS  OF
SUCH  PERSON  ON  FILE  WITH  THE  DEPARTMENT  OR AT THE CURRENT ADDRESS
PROVIDED BY THE UNITED STATES POSTAL SERVICE OF HIS OR  HER  "NOT-CERTI-
FIED"  MEDICAL CERTIFICATION STATUS AND THAT HIS OR HER COMMERCIAL DRIV-

S. 6258--D                         11                         A. 9058--D

ER'S LICENSE WILL BE DOWNGRADED TO  A  NON-COMMERCIAL  DRIVER'S  LICENSE
UNLESS  HE  OR  SHE SUBMITS A CURRENT MEDICAL CERTIFICATE AND/OR MEDICAL
VARIANCE IN ACCORDANCE WITH PART 383.71(H) OF TITLE 49 OF  THE  CODE  OF
FEDERAL  REGULATIONS OR CHANGES HIS OR HER SELF-CERTIFICATION TO DRIVING
ONLY  IN  EXCEPTED  OR  INTRASTATE  COMMERCE  IN  ACCORDANCE  WITH  PART
383.71(B)(II)(B),  (C)  OR  (D) OF TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS.
  S 5. Section 509 of the vehicle and traffic law is amended by adding a
new subdivision 7-a to read as follows:
  7-A. NO PERSON SHALL OPERATE A COMMERCIAL MOTOR VEHICLE WHILE  KNOWING
OR  HAVING  REASON TO KNOW THAT HE OR SHE IS NOT MEDICALLY CERTIFIED, AS
REQUIRED, IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER  SAFETY  IMPROVE-
MENT  ACT  OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL
REGULATIONS.
  S 6. This act shall take effect immediately; provided,  however,  that
section  five of this act shall take effect on the sixtieth day after it
shall have become a law.

                                 PART E

  Section 1. Subdivision 12 of section 1269 of  the  public  authorities
law,  as  amended  by  section 1 of part NN of chapter 59 of the laws of
2010, is amended to read as follows:
  12. The aggregate principal amount of  bonds,  notes  or  other  obli-
gations  issued after the first day of January, nineteen hundred ninety-
three by the authority, the Triborough bridge and tunnel  authority  and
the  New York city transit authority to fund projects contained in capi-
tal program plans approved pursuant to  section  twelve  hundred  sixty-
nine-b  of  this [article] TITLE for the period nineteen hundred ninety-
two  through  two  thousand  fourteen  shall  not  exceed  [thirty-four]
THIRTY-SEVEN  billion  [eight  hundred seventy-seven] TWO HUNDRED ELEVEN
million dollars PRIOR TO JANUARY ONE, TWO THOUSAND THIRTEEN;  SHALL  NOT
EXCEED  THIRTY-NINE  BILLION  FIVE  HUNDRED  FORTY-FOUR MILLION PRIOR TO
JANUARY ONE, TWO THOUSAND  FOURTEEN;  AND  SHALL  NOT  EXCEED  FORTY-ONE
BILLION  EIGHT  HUNDRED  SEVENTY-SEVEN  MILLION DOLLARS THEREAFTER. Such
aggregate principal amount of bonds, notes or other obligations  or  the
expenditure  thereof shall not be subject to any limitation contained in
any other provision of law on the principal amount of  bonds,  notes  or
other  obligations or the expenditure thereof applicable to the authori-
ty, the Triborough bridge and tunnel authority  or  the  New  York  city
transit authority. The aggregate limitation established by this subdivi-
sion  shall  not  include  (i)  obligations  issued to refund, redeem or
otherwise repay, including by purchase or tender,  obligations  thereto-
fore issued either by the issuer of such refunding obligations or by the
authority,  the New York city transit authority or the Triborough bridge
and tunnel authority, (ii) obligations issued to fund any  debt  service
or other reserve funds for such obligations, (iii) obligations issued or
incurred  to fund the costs of issuance, the payment of amounts required
under bond and note facilities, federal  or  other  governmental  loans,
security  or credit arrangements or other agreements related thereto and
the payment of other financing and related costs  associated  with  such
obligations,  (iv)  an  amount equal to any original issue discount from
the principal amount of such obligations or to fund  capitalized  inter-
est, (v) obligations incurred pursuant to section twelve hundred seven-m
of  this  article,  (vi) obligations incurred to fund the acquisition of
certain buses for the New York city transit authority as identified in a

S. 6258--D                         12                         A. 9058--D

capital program plan approved pursuant to  chapter  fifty-three  of  the
laws  of  nineteen  hundred  ninety-two,  (vii)  obligations incurred in
connection with the leasing, selling or transferring of  equipment,  and
(viii)  bond anticipation notes or other obligations payable solely from
the proceeds of other bonds, notes or other obligations which  would  be
included  in  the  aggregate  principal  amount  specified  in the first
sentence of this subdivision, whether or  not  additionally  secured  by
revenues  of  the  authority, or any of its subsidiary corporations, New
York city transit authority, or any of its subsidiary  corporations,  or
Triborough bridge and tunnel authority.
  S 2. This act shall take effect immediately.

                                 PART F

  Section  1.  Section  205 of the vehicle and traffic law is amended by
adding a new subdivision 3-a to read as follows:
  3-A. IN ADDITION TO THE FEES RETAINED PURSUANT TO SUBDIVISION THREE OF
THIS SECTION, EACH COUNTY CLERK ACTING AS THE AGENT OF THE  COMMISSIONER
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL RETAIN FOUR PERCENT OF
"ENHANCED  INTERNET  AND  ELECTRONIC  PARTNER  REVENUE" COLLECTED BY THE
COMMISSIONER. FOR THE PURPOSES OF THIS SUBDIVISION,  "ENHANCED  INTERNET
AND  ELECTRONIC PARTNER REVENUE" SHALL MEAN THE AMOUNT OF GROSS RECEIPTS
ATTRIBUTABLE TO ALL TRANSACTIONS CONDUCTED ON THE INTERNET BY  RESIDENTS
OF SUCH COUNTY AND BY DESIGNATED PARTNERS OF THE DEPARTMENT ON BEHALF OF
SUCH  RESIDENTS FOR THE CURRENT CALENDAR YEAR THAT EXCEEDS THE AMOUNT OF
SUCH REVENUE COLLECTED BY THE  COMMISSIONER  DURING  CALENDAR  YEAR  TWO
THOUSAND  ELEVEN.    THE  COMMISSIONER  SHALL  CERTIFY THE AMOUNTS TO BE
RETAINED BY EACH COUNTY CLERK PURSUANT TO  THIS  SUBDIVISION.  PROVIDED,
HOWEVER,  THAT IF THE AGGREGATE AMOUNT OF FEES RETAINED BY COUNTY CLERKS
PURSUANT TO THIS SUBDIVISION IN CALENDAR YEARS TWO THOUSAND  TWELVE  AND
TWO THOUSAND THIRTEEN COMBINED EXCEEDS EIGHTY-EIGHT MILLION FIVE HUNDRED
THOUSAND  DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER
SHALL BE REDUCED TO A PERCENTAGE THAT, IF APPLIED TO THE FEES  COLLECTED
DURING  CALENDAR  YEARS  TWO  THOUSAND  TWELVE AND TWO THOUSAND THIRTEEN
COMBINED, WOULD HAVE RESULTED IN AN AGGREGATE RETENTION OF  EIGHTY-EIGHT
MILLION  FIVE HUNDRED THOUSAND DOLLARS OR 2.5 PERCENT OF ENHANCED INTER-
NET AND ELECTRONIC PARTNER REVENUE, WHICHEVER IS HIGHER. IF  THE  AGGRE-
GATE  AMOUNT OF FEES RETAINED BY COUNTY CLERKS PURSUANT TO THIS SUBDIVI-
SION IN CALENDAR YEARS TWO THOUSAND TWELVE  AND  TWO  THOUSAND  THIRTEEN
COMBINED  IS  LESS  THAN  EIGHTY-EIGHT  MILLION  FIVE  HUNDRED  THOUSAND
DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER SHALL  BE
INCREASED  TO A PERCENTAGE THAT, IF APPLIED TO THE FEES COLLECTED DURING
CALENDAR YEARS TWO THOUSAND TWELVE AND TWO THOUSAND  THIRTEEN  COMBINED,
WOULD  HAVE  RESULTED  IN AN AGGREGATE RETENTION OF EIGHTY-EIGHT MILLION
FIVE HUNDRED THOUSAND DOLLARS, OR SIX PERCENT OF ENHANCED  INTERNET  AND
ELECTRONIC PARTNER REVENUE, WHICHEVER IS LESS. ON AND AFTER APRIL FIRST,
TWO  THOUSAND  SIXTEEN,  THE PERCENT OF ENHANCED INTERNET AND ELECTRONIC
PARTNER REVENUE TO BE RETAINED BY COUNTY CLERKS SHALL BE THE AVERAGE  OF
THE  ANNUAL  PERCENTAGES  THAT  WERE  IN EFFECT BETWEEN APRIL FIRST, TWO
THOUSAND TWELVE AND MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
  S 2. This act shall take effect April 1, 2012.

                                 PART G

  Section 1.  Section 2 of the transportation law is amended  by  adding
three new subdivisions 4-a, 23-a and 23-b to read as follows:

S. 6258--D                         13                         A. 9058--D

  4-A.  "COMMERCIAL  MOTOR  VEHICLE"  MEANS  ANY SELF-PROPELLED OR TOWED
MOTOR VEHICLE USED ON A HIGHWAY IN INTRASTATE,  INTERSTATE  OR  INTERNA-
TIONAL COMMERCE TO TRANSPORT PASSENGERS OR PROPERTY WHEN THE VEHICLE (A)
HAS  A  GROSS  VEHICLE  WEIGHT RATING OR GROSS COMBINATION WEIGHT OF TEN
THOUSAND ONE POUNDS OR MORE, WHICHEVER IS GREATER; OR (B) IS DESIGNED OR
USED  TO  TRANSPORT  MORE THAN EIGHT PASSENGERS INCLUDING THE DRIVER FOR
COMPENSATION; OR (C) IS DESIGNED OR USED TO TRANSPORT MORE THAN  FIFTEEN
PASSENGERS  INCLUDING THE DRIVER AND IS NOT USED TO TRANSPORT PASSENGERS
FOR COMPENSATION; OR (D) IS USED IN TRANSPORTING MATERIAL FOUND  BY  THE
UNITED  STATES SECRETARY OF TRANSPORTATION TO BE HAZARDOUS UNDER SECTION
5103 OF TITLE 49 OF THE UNITED STATES CODE AND TRANSPORTED IN A QUANTITY
REQUIRING PLACARDING UNDER  REGULATIONS  PRESCRIBED  BY  SUCH  SECRETARY
UNDER  SUBTITLE  B,  CHAPTER  I, SUBCHAPTER C OF TITLE 49 OF THE CODE OF
FEDERAL REGULATIONS.
  23-A. "PRIVATE CARRIER OF PASSENGER BY MOTOR VEHICLE" MEANS ANY PERSON
THAT TRANSPORTS PASSENGERS BY COMMERCIAL MOTOR VEHICLE WHICH IS PROVIDED
IN THE FURTHERANCE OF A COMMERCIAL  ENTERPRISE  AND  WHICH  IS  NOT  FOR
COMPENSATION AND IS NOT AVAILABLE TO THE PUBLIC AT LARGE, IN INTRASTATE,
INTERSTATE OR INTERNATIONAL COMMERCE.
  23-B.  "PRIVATE MOTOR CARRIER" MEANS ANY PERSON WHO PROVIDES TRANSPOR-
TATION OF PROPERTY OR PASSENGERS BY COMMERCIAL MOTOR VEHICLE FOR A BUSI-
NESS PURPOSE AND IS NOT A COMMON OR CONTRACT CARRIER  OF  PASSENGERS  OR
PROPERTY BY MOTOR VEHICLE.
  S  2. Section 140 of the transportation law is amended by adding a new
subdivision 10 to read as follows:
  10. FOR PURPOSES OF THIS SECTION, THE TERMS "EMPLOYEE" AND  "EMPLOYER"
SHALL  HAVE THE SAME MEANINGS AS SUCH TERMS ARE DEFINED BY SECTION 390.5
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AS SUCH REGULATIONS  ARE
AMENDED FROM TIME TO TIME.
  S 3.  Subdivision 1 of section 140 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  1.  Every  common  [and], contract AND PRIVATE carrier of passenger by
motor vehicle  INVOLVED  IN  INTERSTATE,  INTRASTATE,  OR  INTERNATIONAL
COMMERCE  DOMICILED  IN  NEW YORK shall furnish and provide with respect
thereto such service and facilities as shall be safe and  adequate.  Any
such  carrier  shall  give immediate notice to the commissioner of every
accident to which it shall, in the course of its operations, have been a
party.
  S 4. Subparagraph (ii) of paragraph a of subdivision 2 of section  140
of  the  transportation  law,  as  amended by chapter 602 of the laws of
1985, is amended to read as follows:
  (ii) All MOTOR CARRIERS, PRIVATE MOTOR CARRIERS, EMPLOYEES AND COMMER-
CIAL motor vehicles [operated pursuant to or requiring a certificate  or
permit  for the transportation of passengers or property from the inter-
state commerce commission or the commissioner] THAT  TRANSPORT  PROPERTY
OR PASSENGERS IN INTRASTATE, INTERSTATE, OR INTERNATIONAL COMMERCE.
  S  5. Paragraphs b and c of subdivision 2 of section 140 of the trans-
portation law, paragraph b as amended by chapter 173 of the laws of 1990
and paragraph c as amended by chapter 602  of  the  laws  of  1985,  are
amended to read as follows:
  b.  [In addition to those vehicles operated pursuant to or requiring a
certificate or a permit for the  transportation  of  property  from  the
interstate  commerce  commission  or  the  commissioner  as set forth in
subparagraph (ii) of paragraph a of this subdivision,  the  commissioner
shall have the power to adopt rules and regulations governing the safety

S. 6258--D                         14                         A. 9058--D

of  operation of other motor vehicles operated for the commercial trans-
portation of property.
  c.]  The  department shall have the power to examine vehicles, facili-
ties and records subject to the provisions of this subdivision,  at  any
time and place where they are found, to ascertain whether such rules and
regulations  are  being obeyed. The rules and regulations of the commis-
sioner shall provide for the inspection of all such vehicles, FACILITIES
AND RECORDS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, at such peri-
ods and at such  manner  as  the  commissioner  may  direct,  and,  when
adopted, shall have the full force and effect of law.
  S 6. Paragraph d of subdivision 2 of section 140 of the transportation
law is relettered paragraph c and subparagraph (i) of such paragraph, as
added by chapter 173 of the laws of 1990, is amended to read as follows:
  (i)  No  MOTOR  CARRIER, PRIVATE MOTOR CARRIER, EMPLOYEE OR COMMERCIAL
motor vehicle [operated pursuant to or  requiring  a  certificate  or  a
permit  for  the transportation of property from the interstate commerce
commission or the commissioner and no motor  vehicle  operated  for  the
commercial  transportation  of  property]  THAT  TRANSPORTS  PROPERTY OR
PASSENGERS IN INTRASTATE, INTERSTATE, OR  INTERNATIONAL  COMMERCE  shall
[be  operated]  OPERATE  in  this  state unless [it] SUCH MOTOR CARRIER,
PRIVATE MOTOR CARRIER,  EMPLOYEE  OR  COMMERCIAL  MOTOR  VEHICLE  is  in
compliance with the department's safety rules and regulations.
  S  7.  Subdivisions  4 and 5 of section 140 of the transportation law,
subdivision 4 as added by chapter 635 of the laws of 1983  and  subdivi-
sion  5  as  amended  by chapter 731 of the laws of 1988, are amended to
read as follows:
  4. Each motor vehicle  engaged  in  the  interstate  OR  INTERNATIONAL
transportation  of passengers operated within the state shall be subject
to subdivision three of this section as to the display of  the  name  of
the  operator  thereof,  and of such certificate of inspection as to the
safety of its appliances, equipment and  mechanical  operation,  as  the
commissioner  may,  by rules and regulations require. In respect to such
motor vehicle, the commissioner may, in lieu of  a  certificate  of  the
commissioner,  authorize  the  display  of  a  certificate of inspection
issued within a period of [six] TWELVE months last preceding, by a regu-
latory body of another state, or a province  of  Canada,  having  safety
standards  determined  by the commissioner not to be substantially lower
than those prescribed by the commissioner. The rules and regulations  to
be  adopted  under  this  subdivision  shall  insofar  as practicable be
uniform and the provisions of the vehicle and  traffic  law  so  far  as
applicable  and not in conflict with the provisions of this subdivision,
shall continue to apply to all such motor vehicles.
  5. No motor vehicle with  a  seating  capacity  of  more  than  eleven
passengers  manufactured  after  December thirty-first, nineteen hundred
seventy-five, used in the business of transporting school  children  for
hire  or  used  for  the transportation of school children, owned and/or
operated by school districts or by any public or private school shall be
operated within the state, unless each seat,  other  than  the  driver's
seat,  on  such  vehicle is equipped with a padded back at least twenty-
eight inches in height of a  type  and  specification  approved  by  the
commissioner.  Any  person  who operates a motor vehicle in violation of
the requirement for such seat backs shall  be  guilty  of  a  violation,
punishable  by  a fine not exceeding one hundred dollars. The provisions
of this subdivision shall not apply to any bus used for the  transporta-
tion  of  pupils,  teachers  and  other  persons acting in a supervisory
capacity to and from school activities and which bus does not receive or

S. 6258--D                         15                         A. 9058--D

discharge passengers on or along the public highways on regularly sched-
uled routes and which is being operated pursuant to [a permit or certif-
icate of public convenience and necessity] FOR-HIRE OPERATING  AUTHORITY
issued  by  the  commissioner or by the [interstate commerce commission]
UNITED STATES DEPARTMENT OF TRANSPORTATION. School buses manufactured or
assembled prior to April first, nineteen hundred seventy-seven  may  not
be  used  to  transport  pupils,  teachers and other persons acting in a
supervisory capacity to and from school activities.
  S 8.  The closing paragraph of section 151 of the transportation  law,
as  added  by  chapter  635  of  the laws of 1983, is amended to read as
follows:
  For the purposes of this article, the term "sedan" or "sedans" as used
herein shall  include  private  passenger  automobiles  [larger  than  a
conventional  sedan  and  commonly  known as a limousine], but shall not
include [vans or buses] COMMERCIAL MOTOR VEHICLES WITH A SEATING CAPACI-
TY OF ELEVEN PERSONS OR MORE INCLUDING THE DRIVER.
  S 9. Section 210 of the transportation law, as amended by chapter  488
of the laws of 1979, is amended to read as follows:
  S 210. Application  of this article. The term "motor truck" as used in
this article shall be deemed to mean and include  any  COMMERCIAL  motor
vehicle  held  and  used  for  the  transportation  of  goods, wares and
merchandise for hire or for a business purpose,  [including  such  motor
vehicles commonly known as an auto truck or light delivery car] PURSUANT
TO  THE RULES AND REGULATIONS OF THE COMMISSIONER.  The term "motor bus"
as used in this article shall be deemed to mean and include any  COMMER-
CIAL  motor  vehicle  held and used for the transportation of passengers
for hire OR FOR A BUSINESS PURPOSE, PURSUANT  TO  THE  RULES  AND  REGU-
LATIONS OF THE COMMISSIONER.
  S  10.    Section 211 of the transportation law, as amended by chapter
475 of the laws of 1996, is amended to read as follows:
  S 211. General provisions.  No driver of a motor truck  or  motor  bus
shall  drive such vehicle or be on duty for any period of time in excess
of that authorized pursuant  to  regulation  of  the  commissioner.  The
commissioner  is  hereby  authorized to promulgate rules and regulations
governing the hours of service of drivers  of  motor  trucks  and  motor
buses.  Such rules and regulations shall be no less protective of public
safety than the rules and regulations promulgated by the federal govern-
ment with respect to hours of labor of operation  of  motor  trucks  and
motor  buses,  provided,  however,  that with regard to drivers of motor
buses [operated exclusively in a town or county or] operated by a public
transportation authority operating exclusively within its jurisdictional
area, the rules and regulations of the commissioner shall  provide  that
no driver of such motor buses shall drive more than twelve hours follow-
ing  eight  consecutive hours off duty and no driver of such motor buses
shall drive for any period after having been on duty for  fifteen  hours
following  eight  consecutive  hours  off  duty and every driver of such
motor buses shall have at least twenty-four consecutive hours  off  duty
in  every  period of seven consecutive days and in no event shall such a
driver be on duty for more than seventy-five  hours  in  any  period  of
seven consecutive days.
  S  11.  Section 212 of the transportation law, as added by chapter 342
of the laws of 1974, subdivision a as amended by chapter 843 of the laws
of 1980, is amended to read as follows:
  S 212. Records. [a.] Every driver of a motor truck or motor bus  shall
keep  and carry on the vehicle records showing the day and hour when and
the place where he went and was released  from  duty,  whether  in  this

S. 6258--D                         16                         A. 9058--D

state  or  outside  of  this state. The commissioner shall prescribe the
form of such records and may require such other information to be  shown
thereon  as  he shall deem advisable to insure the proper enforcement of
this  article.  Such records shall be exhibited to the commissioner, his
representatives, or to any peace officer, acting pursuant to his special
duties or police officer who shall demand to see the same and  shall  be
held  available for further inspection for a period of sixty days within
the state of New York in an office designated by the owner.  Failure  to
produce  such  records  upon  demand  shall be presumptive evidence of a
violation of this article relating to keeping such records. In any pros-
ecution for the violation of any of the provisions of this article  such
records shall be prima facie evidence of the truth of the contents ther-
eof.
  [b.  The  provisions of this article with reference to the carrying of
records on the vehicle shall not apply to the operation of a  motor  bus
or  motor  buses operated on fixed schedules, but this shall not relieve
any corporation, company, association, joint-stock association, partner-
ship or person engaged in the operation of a motor bus or motor buses on
fixed schedules from the necessity of keeping such  records  and  having
them available in an office within the state of New York.]
  S  12.  Section 214 of the transportation law, as added by chapter 342
of the laws of 1974, subdivision b as amended by chapter 367 of the laws
of 1983 and subdivision d as amended by chapter 302 of the laws of 2005,
is amended to read as follows:
  S 214. Exemptions. a. The [provisions of this article shall not  apply
in  case  of  accident  or act of God, nor when there is delay which was
caused by the elements, or a cause not known to the driver or  owner  or
to  his  or  its  officers in charge of such operations at the time that
such driver left the place where he last went  on  duty  prior  to  such
delays.
  b.  The requirement in this article that every driver of a motor truck
or motor bus shall keep and carry on the vehicle records showing the day
and hour when, and the place where he went or was  released  from  duty,
shall  not  apply to any driver who drives wholly within a radius of one
hundred miles of the garage or terminal at which he  reports  for  work,
provided,  however,  that  such  records  shall  be kept at his place of
employment.
  c. The] COMMISSIONER SHALL ADOPT RULES  AND  REGULATIONS  ESTABLISHING
WHEN  THE  PROVISIONS  OF  THIS ARTICLE SHALL NOT APPLY, WHICH RULES AND
REGULATIONS SHALL CONFORM, AS APPLICABLE, TO PARAGRAPHS (B) THROUGH  (R)
OF  SECTION 395.1 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AS SUCH
REGULATIONS MAY BE AMENDED FROM TIME TO TIME.
  B. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A  OF  THIS  SECTION,
THE  provisions  of  this article shall not apply to the [operation of a
motor truck or motor bus while being  operated  exclusively  in  a  city
and/or  incorporated  village, nor to the] operation of a motor truck IN
INTRASTATE COMMERCE owned by a farmer and  operated  by  himself  or  an
employee  when  used  in  the  hauling  of farm, dairy, or horticultural
products and farm supplies for himself or his farm neighbors to  market,
creamery,  or  place  of  storage[, nor to the operation of wrecking and
towing cars], nor to the [operation of  federal  military  vehicles,  by
members  of the army or air national guard, or by federally paid employ-
ees of the army or air national guard.
  d. The provisions of this article shall not apply nor shall  hours  of
service  accrue  to incidental drivers engaged in the actual restoration
or preservation of electric, water,  telephone,  gas  or  steam  service

S. 6258--D                         17                         A. 9058--D

during  an emergency. For a corporation providing electric, water, tele-
phone, gas or steam service to avail itself of the exemption provided by
this subdivision such electric, water, telephone, gas  or  steam  corpo-
ration  shall  have  filed  with the department a plan setting forth the
procedures such corporation shall follow in emergencies to  assure  that
no  incidental  driver shall drive if such driver has not had sufficient
rest necessary to maintain his or  her  ability  to  safely  drive.  The
exemption  provided by this subdivision shall not apply to an incidental
driver unless such incidental driver is engaged in the  actual  restora-
tion or preservation of electric, water, telephone, gas or steam service
during an emergency or such incidental driver shall have had a period of
rest consisting of at least eight consecutive hours off duty immediately
upon the conclusion of such incidental driver's engagement in the actual
restoration  or preservation of electric, water, telephone, gas or steam
service during the emergency. If an  emergency  extends  for  more  than
twenty-four  hours,  the electric, water, telephone, gas or steam corpo-
ration availing itself of the terms of this subdivision shall notify the
department, in writing, that an emergency exists and the expected  dura-
tion of the emergency. For the purposes of this subdivision, the follow-
ing terms shall have the following meanings:
  (1)  "Emergency"  is hereby declared to be any unplanned power outage,
interruption of service or the imminent risk of such  outage  or  inter-
ruption  of  service to electric, water, telephone, gas or steam service
or to transmission or distribution lines, pipes or other related facili-
ties or any circumstance under which the public safety is at risk;
  (2) "Incidental driver" means an employee, contractor or  contractor's
employee  of  an  electric,  water,  telephone, gas or steam corporation
whose primary employment by, or contractual agreement with, such  corpo-
ration  is  not as a driver of a motor vehicle but who drives only as an
incidental part of his or her employment or contractual agreement; and
  (3) "Interruption of service" shall mean a loss of service for a peri-
od of time defined in regulation by the department of public service for
electric service (as set forth in paragraph (a) of section 97.1 of title
sixteen of the official compilation of codes, rules and  regulations  of
the state of New York) and shall, for purposes of this section, apply to
electric,  water, telephone, natural gas and steam service] OPERATION OF
TOW TRUCKS IN  INTRASTATE  COMMERCE  WHILE  RESPONDING  TO  REQUESTS  TO
PROVIDE  ROADSIDE  SERVICE  OR TO REMOVE WRECKED, DISABLED, ABANDONED OR
ILLEGALLY PARKED MOTOR VEHICLES.
  C. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY NOR SHALL  HOURS  OF
SERVICE ACCRUE TO A DRIVER OF A UTILITY SERVICE VEHICLE. FOR PURPOSES OF
THIS ARTICLE, UTILITY SERVICE VEHICLE MEANS ANY MOTOR TRUCK:
  (1)  USED  IN  THE FURTHERANCE OF REPAIRING, MAINTAINING, OR OPERATING
ANY STRUCTURES OR ANY OTHER PHYSICAL FACILITIES NECESSARY FOR THE DELIV-
ERY OF PUBLIC UTILITY SERVICES, INCLUDING THE  FURNISHING  OF  ELECTRIC,
GAS  OR  STEAM SERVICE, WATER, SANITARY SEWER, TELEPHONE, AND TELEVISION
CABLE OR COMMUNITY ANTENNA SERVICE;
  (2) WHILE ENGAGED IN ANY ACTIVITY NECESSARILY RELATED TO THE  ULTIMATE
DELIVERY  OF SUCH PUBLIC UTILITY SERVICES TO CONSUMERS, INCLUDING TRAVEL
OR MOVEMENT TO, FROM, UPON, OR BETWEEN ACTIVITY SITES  (INCLUDING  OCCA-
SIONAL  TRAVEL  OR MOVEMENT OUTSIDE THE SERVICE AREA NECESSITATED BY ANY
UTILITY EMERGENCY AS DETERMINED BY THE UTILITY PROVIDER); AND
  (3) EXCEPT FOR ANY OCCASIONAL EMERGENCY USE, OPERATED PRIMARILY WITHIN
THE SERVICE AREA OF A UTILITY'S SUBSCRIBERS OR CONSUMERS, WITHOUT REGARD
TO WHETHER THE VEHICLE IS OWNED, LEASED, OR RENTED BY THE UTILITY.

S. 6258--D                         18                         A. 9058--D

  S 13. Paragraph (a) of subdivision 1 of section 14-f of the  transpor-
tation law, as added by chapter 963 of the laws of 1981, subparagraphs 7
and  8 as amended and subparagraphs 9, 10 and 11 as added by chapter 186
of the laws of 1987, subparagraph  9  as  amended  by  chapter  180  and
subparagraph  12  as  amended by chapter 190 of the laws of 1989 and the
second undesignated paragraph as amended by chapter 402 of the  laws  of
1993, is amended to read as follows:
  (a) Have the power to make rules and regulations governing transporta-
tion of hazardous materials, which shall mean a substance or material in
a  quantity  and  form which may pose an unreasonable risk to health and
safety or property when transported in commerce, by all modes AS DEFINED
BY THE RULES AND REGULATIONS OF THE DEPARTMENT. [For  purposes  of  this
section, the term "hazardous materials" shall include the following:
  (1) "Irritating material" which shall mean a liquid or solid substance
which  upon contact with fire or when exposed to air gives off dangerous
or intensely irritating fumes such as  benzylcyande,  chloracetophenone,
diphenylaminechlorarsine,  and  diphenyl  chlorarsine, but not including
any poisonous material, Class A;
  (2) "Poison A" which shall mean those poisonous gases  or  liquids  of
such  nature  that  a  small  amount  of the gas, liquid or vapor of the
liquid, when in contact with air is  dangerous  to  life.    This  class
includes   the   following:  bromacetone,  cyanogen,  cyanogen  chloride
containing less than 0.9 percent water, diphosgene,  ethyldichlorarsine,
hydrocyanic  acid,  methyldichlorarsine,  nitrogen peroxide (tetroxide),
phosgene  (diphosgene),  nitrogen  tetroxide  -  nitric  oxide  mixtures
containing up to 33.2 percent weight nitric oxide;
  (3)  "Poison  B"  which  shall  mean those substances, liquid or solid
(including pastes and semi-solids), other than Class A poisons or  irri-
tating  materials,  which  are known to be so toxic as to be a hazard to
health;
  (4) "Corrosive materials" which shall mean those acids, alkaline caus-
tic liquids and other corrosive liquids or solids which when in  contact
with  living tissue, will cause severe damage of such tissue by chemical
action; or in the case of leakage, will  materially  damage  or  destroy
other  freight  by  chemical action; or are liable to cause fire when in
contact with organic matter or with certain chemicals that cause visible
destruction or irreversible alteration in human skin tissue at the  site
of contact;
  (5)  "Oxidizing materials" which shall mean those substances such as a
chlorate, permanganate, peroxide, or a nitrate, that yields oxygen read-
ily to stimulate the combustion of organic matter;
  (6) "Flammable solids" which shall mean any solid material, other than
one designated an explosive, as further defined in this  section,  which
under  conditions  incident to transportation, cause fires through fric-
tion, through  absorption  of  moisture,  through  spontaneous  chemical
changes, or as a result of retained heat from the manufacturing or proc-
essing.    Included  in  this  class  are  spontaneously combustible and
water-reactive materials;
  (7) "Flammable liquids" which shall mean any liquid, except any liquid
meeting the definition of subparagraph nine, ten or eleven of this para-
graph, which gives off flammable  vapors  below  a  temperature  of  one
hundred degrees Fahrenheit;
  (8)  "Radioactive materials" which shall mean irradiated nuclear reac-
tor fuel and the waste by-products  of  reprocessed  irradiated  nuclear
reactor  fuel  and  any  other material or combination of materials that
spontaneously emits ionizing radiation which the commissioner of  trans-

S. 6258--D                         19                         A. 9058--D

portation  determines  by  regulation  to  present significant potential
threat to public health and safety;
  (9)  "Liquefied  compressed  gas"  which  shall  mean  a gas liquefied
through compression and under charged pressure is partially liquid at  a
temperature of seventy degrees Fahrenheit;
  (9)  "Regulated  medical  waste" which shall be defined as provided in
subdivision one of section 27-1501  of  the  environmental  conservation
law.
  (10)  "Cryogenic liquid" which shall mean a refrigerated liquefied gas
having a boiling point colder than  minus  one  hundred  thirty  degrees
Fahrenheit (minus ninety degrees centigrade) at one atmosphere absolute;
  (11)  "Flammable  compressed  gas"  which  shall  mean any material or
mixture having in the container an  absolute  pressure  exceeding  forty
p.s.i.  at seventy degrees Fahrenheit, or, regardless of the pressure at
seventy degrees Fahrenheit, having an absolute  pressure  exceeding  one
hundred  four  p.s.i.  at  one hundred thirty degrees Fahrenheit, or any
liquid flammable material having a vapor pressure exceeding forty p.s.i.
absolute at one hundred degrees Fahrenheit as determined  by  ASTM  test
D-323, if any one of the following occurs:
  (i) either a mixture of thirteen percent or less, (by volume) with air
forms  a flammable mixture or the flammable range with air is wider than
twelve percent regardless of the lower  limit.  These  limits  shall  be
determined at atmospheric temperature and pressure;
  (ii) using the bureau of explosives, association of American railroads
flame projection apparatus, the flame projects more than eighteen inches
beyond  the ignition source with valve open fully, or, the flame flashes
back and burns at the valve with any degree of valve opening;
  (iii) using the bureau of explosives, association  of  American  rail-
roads open drum apparatus, there is any significant propagation of flame
away from the ignition source;
  (iv) using the bureau of explosives, association of American railroads
close drum apparatus, there is any explosion of the vapor-air mixture in
the drum; and
  (12)  Other  identical  or similar substances which shall from time to
time be identified by the commissioner of transportation  by  rules  and
regulations  promulgated  pursuant  to  this  section as being hazardous
materials, provided, however, that this section shall not apply  to  the
regular  military  or naval forces of the United States; nor to the duly
authorized militia of any state or territory thereof; nor to the  police
or  fire  departments  of this state, or of its counties, cities, towns,
villages, agencies or instrumentalities, providing the same  are  acting
within their official capacity and in the performance of their duties.]
  Such rules and regulations shall be no less protective of public safe-
ty  than the rules and regulations promulgated by the federal government
with respect to the transportation of  hazardous  materials.  The  regu-
lations  shall set forth the criteria for identifying and listing, and a
list of hazardous materials subject to this section as may be amended by
the commissioner of  transportation  from  time  to  time  in  a  manner
consistent  with  the  state administrative procedure act and consistent
with [this section] THOSE SUBSTANCES AND  MATERIALS  DESIGNATED  BY  THE
UNITED  STATES  SECRETARY  OF  TRANSPORTATION AS HAZARDOUS UNDER SECTION
5103 OF TITLE 49 OF THE UNITED STATES CODE AS AMENDED FROM TIME TO TIME,
INCLUDING THOSE DESIGNATED AS HAZARDOUS IN THE HAZARDOUS MATERIALS TABLE
SET FORTH IN SECTION 172.101 AND MATERIALS THAT MEET THE DEFINING CRITE-
RIA FOR HAZARD CLASSES AND DIVISIONS IN PART  173  OF  SUBCHAPTER  C  OF
TITLE  49  OF  THE  CODE  OF FEDERAL REGULATIONS AS AMENDED FROM TIME TO

S. 6258--D                         20                         A. 9058--D

TIME. Such regulations shall  include  specifications  for  marking  and
placarding  of  vehicles  transporting  hazardous  materials  as will be
applied pursuant to paragraph (a) of subdivision three of this  section.
The  regulations  promulgated  hereunder  shall  include  notice  that a
violation of the rules and regulations is subject to a fine or a  period
of  imprisonment,  and  the  rules  and  regulations shall set forth the
penalty provisions  contained  in  subdivision  four  of  this  section.
Provided,  however,  that  all local laws or ordinances, except those of
cities having a population of one million or more, regulating the trans-
portation of flammable liquids in trucks, trailers or semi-trailers, are
hereby superseded and without force and hereafter no such local  law  or
ordinance shall be adopted to regulate or control the equipment or means
of transporting flammable liquids in trucks, trailers or semi-trailers.
  For  the purposes of this section, a "vehicle" shall mean every device
in which property may be transported upon a highway, stationary rails or
tracks, or on the navigable waterways of the state.
  S 14. Subdivision 3 of section 14-g  of  the  transportation  law,  as
amended  by  chapter  921  of  the  laws  of 1983, is amended to read as
follows:
  3. For the purposes of this section, the term "intercity bus passenger
service" shall mean transportation provided to the public on  a  regular
and  continuing  basis  by  a person, firm, or corporation authorized to
transport passengers in interstate commerce by the [interstate  commerce
commission]  UNITED STATES DEPARTMENT OF TRANSPORTATION or in intrastate
commerce by the state department of  transportation  that  is  primarily
intended  to  satisfy  longer distance travel demand between cities, and
villages and unincorporated urban places that have a population  of  two
thousand  five hundred or more. Such term does not include services that
are primarily local or commuter oriented in nature.
  S 15. Subdivisions 1-a, 1-b and 2 of section 18 of the  transportation
law,  as amended by chapter 199 of the laws of 1987, are amended to read
as follows:
  1-a. The department of transportation is hereby designated  the  offi-
cial  state agency to receive all notifications from the [federal inter-
state commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or
any other federal or state agency in regard to discontinuance of service
or railroad property abandonment proceedings, including notification  of
applications from railroad companies for any such purposes.
  1-b. The department of transportation shall promptly inform in writing
all  interested  state  agencies,  transportation authorities, and every
county, city, town and village in which such property is located and the
appropriate entity designated by the governor pursuant to  title  IV  of
the  federal  intergovernmental  cooperation  act  of  nineteen  hundred
sixty-eight and the federal office of  management  and  budget  circular
A-98 of (a) the issuance of any certificate from the [federal interstate
commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or other
federal  or  state agency authorizing discontinuance of railroad service
or abandonment of railroad  transportation  property,  (b)  approval  of
discontinuance  of service or a determination of abandonment of railroad
transportation property pursuant to this section, and (c) the receipt of
an application to release a preferential acquisition right  to  railroad
transportation property pursuant to this section.
  2.  For  the  purposes of this section, property shall be deemed to be
abandoned for railroad transportation purposes (a) when, where  required
by law, a certificate of abandonment of the railroad line situate there-
on has been issued by the [interstate commerce commission] UNITED STATES

S. 6258--D                         21                         A. 9058--D

DEPARTMENT  OF  TRANSPORTATION  and/or any other federal or state agency
having jurisdiction thereof; or (b) when such a certificate of  abandon-
ment is not so required and the use of such property for railroad trans-
portation  purposes has been discontinued with the intent not to resume.
Intent not to resume may be inferred from circumstances. Non-use of  the
property  for railroad transportation purposes for two consecutive years
shall create a presumption of abandonment.   When use of  such  property
for  railroad  transportation  purposes  has  been discontinued and upon
request of the property owner or his own motion, the commissioner  shall
undertake  an investigation thereof, which may include consultation with
the [interstate commerce commission] UNITED STATES DEPARTMENT OF  TRANS-
PORTATION, and shall render a determination as to whether or not (a) the
property  owner  has  definite  plans  for  the use of such property for
purposes ordinarily associated with the safe and normal operation  of  a
railroad  or  associated  transportation  purposes;  (b)  such  property
continues to be suitable for such railroad transportation purposes;  and
(c)  such  property is necessary, either presently or in the future, for
such railroad transportation purposes.  Such property shall be deemed to
be abandoned for railroad transportation purposes  if  the  commissioner
shall  determine  that  (a) the property owner has no definite plans for
the use of such property for purposes  ordinarily  associated  with  the
safe  and  normal  operation  of a railroad or associated transportation
purposes; or (b) such property is no longer suitable for  such  railroad
transportation  purposes; and (c) such property is not necessary, either
presently or in the future, for such railroad  transportation  purposes.
The  commissioner  shall  render  such  determination within ninety days
after the commencement of  such  investigation  and  such  determination
shall  be conclusive except that if the property is determined not to be
so abandoned such determination shall not preclude the undertaking of  a
subsequent  investigation  concerning  the same property. Sales of aban-
doned railroad transportation property for  continued  or  resumed  rail
transportation use may be exempted at the commissioner's discretion from
the  preferential  right of acquisition. This section shall not apply to
the subsequent resale of  property  lawfully  acquired  subject  to  the
provisions  of  this  section as then applicable, except when the subse-
quent sale involves property previously exempted from  this  section  by
the commissioner.
  S 16. Section 98 of the transportation law, as added by chapter 267 of
the laws of 1970, is amended to read as follows:
  S 98. Tariff  schedules;  publication. Every common carrier shall file
with the commissioner and shall print and keep open to public inspection
schedules showing the rates, fares and charges for the transportation of
passengers and property within the state between  each  point  upon  its
route  and  all  other  points  thereon; and between each point upon its
route and all points upon every route leased, operated or controlled  by
it;  and between each point on its route or upon any route leased, oper-
ated or controlled by it and all points upon  the  route  of  any  other
common  carrier, whenever a through route and joint rate shall have been
established or ordered between any two such points.  If  no  joint  rate
over  a through route has been established, the several carriers in such
through route shall file, print and keep open to public  inspection,  as
aforesaid,  the  separately established rates, fares and charges applied
to the through transportation. The schedules printed as aforesaid  shall
plainly  state  the places between which property and passengers will be
carried, and shall also contain  the  classification  of  passengers  or
property in force, and shall also state separately all terminal charges,

S. 6258--D                         22                         A. 9058--D

storage  charges, icing charges, and all other charges which the commis-
sioner may require to be stated, all privileges or facilities granted or
allowed, and any rules or  regulations  which  may  in  anywise  change,
affect or determine any part, or the aggregate of, such aforesaid rates,
fares  and  charges, or the value of the service rendered to the passen-
ger, shipper or consignee. Such schedules shall be  plainly  printed  in
large type, and a copy thereof shall be kept by every such carrier read-
ily  accessible  to and for convenient inspection by the public in every
station or office of such  carrier  where  passengers  or  property  are
respectively received for transportation, when such station or office is
in  charge  of  an agent, and in every station or office of such carrier
where passenger tickets for transportation or tickets covering  sleeping
or  parlor  car or other train accommodation are sold or bills of lading
or receipts for property are issued. All or any of such  schedules  kept
as   aforesaid  shall  be  immediately  produced  by  such  carrier  for
inspection upon the demand of any person. A notice printed in bold  type
and  stating  that such schedules are on file with the agent and open to
inspection by any person and that the agent will assist any such  person
to  determine  from  such schedules any transportation rates or fares or
rules or regulations which are in force shall  be  kept  posted  by  the
carrier  in  two  public and conspicuous places in every such station or
office. The form of every such  schedule  shall  be  prescribed  by  the
commissioner and shall conform in the case of railroad company as nearly
as  may  be to the form of schedule required by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION under the act  of
congress  entitled  "An  act  to  regulate  commerce," approved February
fourth, eighteen hundred and eighty-seven and the acts amendatory there-
of and supplementary thereto. The commissioner shall  have  power,  from
time  to  time,  in  his discretion, to determine and prescribe by order
such changes in the form of such schedules as may  be  found  expedient,
and to modify the requirements of this section in respect to publishing,
posting  and  filing  of  schedules either in particular instances or by
general order applicable to special or peculiar circumstances or  condi-
tions.
  S  17.  Section 126 of the transportation law, as added by chapter 267
of the laws of 1970, is amended to read as follows:
  S 126. Uniform system of accounts; access  to  accounts;  forfeitures.
The commissioner may, whenever he deems advisable, establish a system of
accounts  to  be used by common carriers which are subject to his super-
vision, or may classify the said carriers  and  prescribe  a  system  of
accounts  for  each  class,  and  may prescribe the manner in which such
accounts shall be kept. He may also  in  his  discretion  prescribe  the
forms  of  accounts,  records and memoranda to be kept by such carriers,
including the accounts, records and memoranda of the movement of traffic
as well as the receipts and expenditures of  moneys.  Notice  of  alter-
ations  by  the commissioner in the required method or form of keeping a
system of accounts shall be given to such persons  or  carriers  by  the
commissioner at least six months before the same are to take effect. The
system  of  accounts  established  by  the commissioner and the forms of
accounts, records and memoranda prescribed  by  him  as  provided  above
shall  conform  in the case of railroad companies as nearly as may be to
those from time to time established and prescribed  by  the  [interstate
commerce  commission]  UNITED  STATES DEPARTMENT OF TRANSPORTATION under
the provisions of the act of  congress  entitled  "An  act  to  regulate
commerce"  approved  February fourth, eighteen hundred eighty-seven, and
the acts amendatory thereof or supplementary thereto.  The  commissioner

S. 6258--D                         23                         A. 9058--D

shall  at  all  times have access to all accounts, records and memoranda
kept by common carriers and may designate any officers or  employees  of
the department who shall thereupon have authority under the order of the
commissioner  to  inspect  and examine any and all accounts, records and
memoranda kept by such carriers. The commissioner  may,  after  hearing,
prescribe by order the accounts in which particular outlays and receipts
shall be entered, charged or credited. At any such hearing the burden of
proof shall be on the common carrier to establish the correctness of the
accounts  in  which such outlays and receipts have been entered, and the
commissioner may suspend a charge or credit pending submission of  proof
by  such  carrier.    Where the commissioner has prescribed the forms of
accounts, records and memoranda to be kept by such carriers it shall  be
unlawful  for them to keep any other accounts, records or memoranda than
those so prescribed, or those prescribed by or under  authority  of  the
United States.
  S  18.  Section 134 of the transportation law, as added by chapter 267
of the laws of 1970, is amended to read as follows:
  S 134. Duties of commissioner as to interstate  traffic.  The  commis-
sioner  may  investigate interstate freight or passenger rates or inter-
state freight or passenger service on railroads within  the  state,  and
when  such  rates  are, in the opinion of the commissioner, excessive or
discriminatory or are levied or laid in violation of the act of congress
entitled "An act to regulate commerce," approved February fourth,  eigh-
teen  hundred  and  eighty-seven,  and  the  acts amendatory thereof and
supplementary thereto, or in conflict with the rulings, orders or  regu-
lations of the [interstate commerce commission] UNITED STATES DEPARTMENT
OF TRANSPORTATION, the commissioner may apply by petition to the [inter-
state  commerce  commission]  UNITED STATES DEPARTMENT OF TRANSPORTATION
for relief or may present to the [interstate commerce commission] UNITED
STATES DEPARTMENT OF TRANSPORTATION all facts coming to  his  knowledge,
as  to violations of the rulings, orders, or regulations of that commis-
sion or as to violations of the said act to regulate  commerce  or  acts
amendatory thereof or supplementary thereto.
  S  19. The opening paragraph of section 432 of the transportation law,
as amended by chapter 385 of the laws of 1994 and as further amended  by
section  1  of  part  W of chapter 56 of the laws of 2010, is amended to
read as follows:
  The level of railroad participation in  the  program  for  the  period
nineteen  hundred eighty-seven through nineteen hundred ninety-one shall
depend on the estimated tax abatement as computed by the commissioner of
taxation and finance pursuant to either subdivision (c) of section  four
hundred  eighty-nine-j or subdivision (c) of section four hundred eight-
y-nine-hh of the real property tax law. The nature of  railroad  partic-
ipation  in the program, as set forth below, shall be based on the rail-
road's economic or exemption factor under title two-A and title two-B of
article four of the real property tax law, as applicable, and the  rail-
road's  size  classification  as  determined by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION, based  on  rail-
road  system  gross  revenues.  Regardless of the level of their partic-
ipation, all railroads shall annually certify to the  commissioner  that
to the best of their knowledge and belief such railroads are in substan-
tial  compliance with the terms and conditions of any contracts they may
have with the department.
  S 20. The opening paragraph of subdivision 1 of section  1690  of  the
vehicle  and traffic law, as amended by chapter 420 of the laws of 2001,
is amended to read as follows:

S. 6258--D                         24                         A. 9058--D

  Notwithstanding any other provision of law, where the trial of a traf-
fic or parking infraction is authorized or required to be  tried  before
the  Nassau  county district court, and such traffic and parking infrac-
tion does not constitute a misdemeanor, felony, violation of subdivision
one  of  section  eleven hundred ninety-two, subdivision five of section
eleven hundred ninety-two,  section  three  hundred  ninety-seven-a,  or
subdivision  (g)  of section eleven hundred eighty of this chapter, or a
violation of paragraph (b) of subdivision four of section fourteen-f  or
clause  (b)  of subparagraph (iii) of paragraph [d] C of subdivision two
of section one hundred forty of the transportation law, or  any  offense
that  is  part of the same criminal transaction, as that term is defined
in subdivision two of section 40.10 of the criminal  procedure  law,  as
such  a  misdemeanor,  felony,  violation  of subdivision one of section
eleven hundred ninety-two, subdivision two  of  section  eleven  hundred
ninety-two,  section  three hundred ninety-seven-a or subdivision (g) of
section eleven hundred eighty of this chapter, or a violation  of  para-
graph  (b)  of  subdivision  four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph d of  subdivision  two  of  section  one
hundred forty of the transportation law, the administrative judge of the
county  in which the trial court is located, may assign judicial hearing
officers to conduct such a trial. Such judicial hearing  officers  shall
be  village  court justices or retired judges either of which shall have
at least two years of experience conducting trials of traffic and  park-
ing  violations  cases  and  shall  be  admitted to practice law in this
state. Where such assignment is made, the judicial hearing officer shall
entertain the case in the same manner as a court and shall:
  S 21. Subdivision 2 of section 371 of the general  municipal  law,  as
amended  by  chapter  19  of  the  laws  of  2009, is amended to read as
follows:
  2. The Nassau county traffic and parking violations agency, as  estab-
lished,  may be authorized to assist the Nassau county district court in
the disposition and administration of infractions of traffic and parking
laws, ordinances, rules and regulations and the liability of owners  for
violations  of  subdivision  (d) of section eleven hundred eleven of the
vehicle and traffic  law  in  accordance  with  section  eleven  hundred
eleven-b  of  such law, except that such agency shall not have jurisdic-
tion over (a) the traffic infraction defined under  subdivision  one  of
section  eleven  hundred  ninety-two of the vehicle and traffic law; (b)
the traffic infraction defined under subdivision five of section  eleven
hundred  ninety-two  of  the  vehicle and traffic law; (c) the violation
defined under paragraph (b) of subdivision four of section fourteen-f of
the transportation law and the violation defined  under  clause  (b)  of
subparagraph  (iii) of paragraph [d] C of subdivision two of section one
hundred forty of the transportation  law;  (d)  the  traffic  infraction
defined  under  section  three hundred ninety-seven-a of the vehicle and
traffic law and the traffic infraction defined under subdivision (g)  of
section  eleven  hundred  eighty of the vehicle and traffic law; (e) any
misdemeanor or felony; or (f) any offense that is part of the same crim-
inal transaction, as that term is defined in subdivision two of  section
40.10  of  the criminal procedure law, as a violation of subdivision one
of section eleven hundred ninety-two of the vehicle and traffic  law,  a
violation  of  subdivision  five of section eleven hundred ninety-two of
the vehicle and traffic law, a violation of paragraph (b) of subdivision
four of section fourteen-f of the transportation  law,  a  violation  of
clause  (b)  of  subparagraph (iii) of paragraph d of subdivision two of
section one hundred forty of the  transportation  law,  a  violation  of

S. 6258--D                         25                         A. 9058--D

section  three  hundred ninety-seven-a of the vehicle and traffic law, a
violation of subdivision (g) of section eleven  hundred  eighty  of  the
vehicle and traffic law or any misdemeanor or felony.
  S  22. Subdivision 1 of section 27-1321 of the environmental conserva-
tion law, as added by chapter 915 of the laws of  1983,  is  amended  to
read as follows:
  1.  Notwithstanding  any  other  provision of law to the contrary, any
person who is, by professional training or  experience  and  attainment,
qualified  to analyze and interpret matters pertaining to the treatment,
storage, disposal, or transport  of  hazardous  materials  or  hazardous
wastes,  and who voluntarily and without expectation of monetary compen-
sation provides assistance or advice in mitigating  the  effects  of  an
accidental or threatened discharge of any hazardous materials or hazard-
ous  wastes,  or  in  preventing,  cleaning up, or disposing of any such
discharge, shall not be subject to a penalty or to civil  liability  for
damages  or  injuries  alleged  to  have been sustained by any person or
entity by reason of an act or omission in the giving of such  assistance
or advice. For the purposes of this section, the term "hazardous materi-
als"  shall  have  the same meaning [given] AS that term [in subdivision
one of] IS DEFINED IN REGULATIONS PROMULGATED  BY  THE  COMMISSIONER  OF
TRANSPORTATION PURSUANT TO section fourteen-f of the transportation law,
and  the  term  "hazardous wastes" shall mean those wastes identified or
listed pursuant to section 27-0903 of this article  and  any  rules  and
regulations promulgated thereunder.
  S  23. Subdivision 1 of section 156-a of the executive law, as amended
by section 1 of part D of chapter 1 of the laws of 2004, is  amended  to
read as follows:
  1.  The  state  fire  administrator  shall[, in his or her discretion,
consult with the fire fighting and code enforcement personnel  standards
and  education  commission  established  pursuant to section one hundred
fifty-nine-a of this article,  to]  establish  a  specialized  hazardous
materials  emergency response training program for individuals responsi-
ble  for  providing  emergency  response  recovery  following  incidents
involving  hazardous  materials  as  SUCH TERM IS defined in [accordance
with] REGULATIONS PROMULGATED  BY  THE  COMMISSIONER  OF  TRANSPORTATION
PURSUANT TO section fourteen-f of the transportation law. The state fire
administrator  shall  inform  all fire companies, municipal corporations
and districts, including agencies and departments thereof and all  fire-
fighters,  both  paid  and volunteer, and related officers and employees
and police officers  of  the  implementation  and  availability  of  the
hazardous  materials  emergency  response  training  program  and shall,
subject to the availability of an appropriation, conduct  such  training
with  sufficient  frequency  to  assure  adequate  response to incidents
involving hazardous  materials  and  protection  of  responders  in  all
geographic areas of the state.
  S  24.  This act shall take effect immediately; provided, however that
the amendments to subdivision 2 of section 371 of the general  municipal
law, made by section twenty-one of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith.

                                 PART H

  Section  1.  Subdivisions  1  and 2 of section 11-0515 of the environ-
mental conservation law, as amended by chapter 528 of the laws of  1986,
are amended to read as follows:

S. 6258--D                         26                         A. 9058--D

  1.  The  department may issue to any person a license revocable at its
pleasure to collect or possess fish, wildlife, shellfish, crustacea,  OR
aquatic  insects,  birds' nests or eggs for propagation, banding, scien-
tific or exhibition purposes.  The  department  in  its  discretion  may
require  an  applicant  to  pay a license fee of ten dollars, [to submit
written testimonials from two well-known persons] and to file a bond  of
two hundred dollars to be approved by the department that he OR SHE will
not  violate  any  provisions  of this article. Each licensee shall file
with the department [on or before February 1] a  report  [of  his  oper-
ations  during  the preceding calendar year] CONTAINING SUCH INFORMATION
AS THE DEPARTMENT MAY REQUIRE. Such license shall  be  [effective  until
revoked] IN FORCE FOR ONE YEAR ONLY AND SHALL NOT BE TRANSFERABLE.
  2.  The  department may also issue a license revocable at its pleasure
to possess and sell protected fish, wildlife,  shellfish,  crustacea  or
aquatic insects for propagation, scientific or exhibition purposes.  The
department  in  its discretion may require a license fee of ten dollars.
Such license shall be in force for one year only and shall not be trans-
ferable. Each licensee shall [make] FILE WITH THE  DEPARTMENT  a  report
[of  his  or her operations at the expiration of the license] CONTAINING
SUCH INFORMATION AS THE DEPARTMENT MAY REQUIRE. Fish, wildlife,  shellf-
ish,  crustacea or aquatic insects lawfully possessed under this section
may be sold at any time by the licensee for propagation,  scientific  or
exhibition purposes only.
  S  2.  Subdivision 1 of section 11-0521 of the environmental conserva-
tion law, as amended by chapter 600 of the laws of 1993, is  amended  to
read as follows:
  1.  The  department may direct any environmental conservation officer,
or issue a permit to any person, to take any wildlife at any time  when-
ever it becomes a nuisance, destructive to public or private property or
a threat to public health or welfare, provided, however, that where such
wildlife  is a bear, no such permit shall be issued except upon proof of
damage to such property or threat to public health or  safety  presented
to  the  department. Upon presentation of such proof, the department may
issue a permit authorizing the use of trained tracking dogs pursuant  to
section  11-0928  of this article, and, if the department has determined
that no other alternative is feasible, a separate  permit  to  take  the
bear.  Wildlife  so  taken  shall  be  disposed of as the department may
direct.  ANY PERSON, AGENCY, CORPORATION OR MUNICIPALITY WHO  OBTAINS  A
MIGRATORY BIRD DEPREDATION PERMIT OR ORDER ISSUED BY THE FEDERAL DEPART-
MENT  OF  THE INTERIOR PURSUANT TO 50 C.F.R. 13 AND 50 C.F.R. 21, AS MAY
BE AMENDED FROM TIME TO TIME, SHALL NOT BE REQUIRED TO OBTAIN  A  PERMIT
FROM THE DEPARTMENT TO CONDUCT THE AUTHORIZED ACTIVITIES.
  S  3.  Subdivisions  6  and  9 of section 11-0523 of the environmental
conservation law, subdivision 6 as added by chapter 911 of the  laws  of
1990  and  subdivision  9 as amended by chapter 114 of the laws of 1981,
are amended to read as follows:
  6. Raccoons, MUSKRATS, coyotes or fox injuring private property may be
taken by the owner, occupant or lessee thereof, or an employee or family
member of such owner, occupant or lessee, at any time in any manner.
  9. Varying hares, cottontail rabbits,  skunks,  black,  grey  and  fox
squirrels,  raccoons,  MUSKRATS,  opossums  or weasels taken pursuant to
this section in the closed season  or  in  a  manner  not  permitted  by
section 11-0901 shall be immediately buried or cremated. No person shall
possess or traffic in such skunks or raccoons or the pelts thereof or in
such varying hares or cottontail rabbits or the flesh thereof.

S. 6258--D                         27                         A. 9058--D

  S  4.  Subdivision 4 of section 11-0524 of the environmental conserva-
tion law, as added by chapter 265 of the laws of  2002,  is  amended  to
read as follows:
  4.  The  fee for a nuisance wildlife control operator license shall be
fifty dollars paid annually to be deposited  in  the  conservation  fund
established  pursuant  to section eighty-three of the state finance law,
PROVIDED, HOWEVER, THAT A MUNICIPALITY SHALL NOT BE SUBJECT TO THIS FEE.
  S 5. Subdivisions 3 and 4 of  section  11-0927  of  the  environmental
conservation law are amended to read as follows:
  3. Wild game shall not be taken by shooting or otherwise killed in the
course  of  a field trial. Other game on which a field trial may be held
as provided in this section may be taken by shooting in the course of  a
field  trial, except a field trial held on a licensed dog training area,
provided a license for such shooting has been procured from the  depart-
ment. Game so taken shall be immediately [tagged for identification with
seals,  to  be supplied to the licensee] IDENTIFIED ON FORMS PROVIDED by
the department [at the price of five cents each, and  such  seals  shall
not be removed] until the game is finally prepared for consumption.
  4.  Game  so [tagged] IDENTIFIED may be possessed, transported, bought
and sold at any time, without limitation  by  section  11-0917  OF  THIS
ARTICLE.
  S  6.  Subdivision 2 of section 11-0931 of the environmental conserva-
tion law, as amended by chapter 483 of the laws of 2010, is  amended  to
read as follows:
  2. No firearm or crossbow except a pistol or revolver shall be carried
or  possessed  in  or  on  a  motor vehicle unless it is unloaded, for a
firearm in both the chamber and  the  magazine,  except  that  a  loaded
firearm which may be legally used for taking migratory game birds may be
carried  or possessed in a motorboat while being legally used in hunting
migratory game birds, and no person except a law enforcement officer  in
the  performance  of  his  official duties shall, while in or on a motor
vehicle, use a jacklight, spotlight or other artificial light upon lands
inhabited by deer if he is in possession or is accompanied by  a  person
who is in possession, at the time of such use, of a longbow, crossbow or
a  firearm  of any kind except a pistol or revolver, unless such longbow
is unstrung or such firearm  or  crossbow  is  taken  down  or  securely
fastened  in  a case or locked in the trunk of the vehicle. For purposes
of this subdivision, motor vehicle shall mean  every  vehicle  or  other
device  operated  by  any power other than muscle power, and which shall
include but not be limited to automobiles,  trucks,  motorcycles,  trac-
tors,  trailers  and  motorboats, snowmobiles and snowtravelers, whether
operated on or off public highways. Notwithstanding  the  provisions  of
this subdivision, the department may issue a permit to any person who is
non-ambulatory,  except  with  the use of a mechanized aid, to possess a
loaded firearm in or on a motor vehicle  as  defined  in  this  section,
subject to such restrictions as the department may deem necessary in the
interest  of public safety[, and for a fee of five dollars].  Nothing in
this section permits the possession of a pistol or a  revolver  contrary
to the penal law.
  S  7.  Subdivision 2 of section 11-0931 of the environmental conserva-
tion law, as amended by section 50 of part F of chapter 82 of  the  laws
of 2002, is amended to read as follows:
  2.  No  firearm  except  a  pistol  or  revolver  shall  be carried or
possessed in or on a motor vehicle unless it is  unloaded  in  both  the
chamber  and  the  magazine,  except  that a loaded firearm which may be
legally used for taking migratory game birds may be carried or possessed

S. 6258--D                         28                         A. 9058--D

in a motorboat while being legally used in hunting migratory game birds,
and no person except a law enforcement officer in the performance of his
official duties shall, while in or on a motor vehicle, use a  jacklight,
spotlight  or  other artificial light upon lands inhabited by deer if he
is in possession or is accompanied by a person who is in possession,  at
the  time  of  such use, of a longbow, crossbow or a firearm of any kind
except a pistol or revolver, unless such longbow  is  unstrung  or  such
firearm  is  taken  down or securely fastened in a case or locked in the
trunk of the vehicle. For purposes of this  subdivision,  motor  vehicle
shall  mean  every  vehicle  or other device operated by any power other
than muscle power, and which shall include but not be limited to automo-
biles, trucks, motorcycles, tractors, trailers and  motorboats,  snowmo-
biles  and  snowtravelers,  whether  operated on or off public highways.
Notwithstanding the provisions of this subdivision, the  department  may
issue  a permit to any person who is non-ambulatory, except with the use
of a mechanized aid, to possess a loaded firearm in or on a motor  vehi-
cle  as  defined  in  this  section, subject to such restrictions as the
department may deem necessary in the interest of public safety[, and for
a fee of five dollars]. Nothing in this section permits  the  possession
of a pistol or a revolver contrary to the penal law.
  S 8. Section 11-1003 of the environmental conservation law, as amended
by section 51 of part F of chapter 82 of the laws of 2002, is amended to
read as follows:
S 11-1003. Falconry license.
  Any  resident  of  this  state  may  be issued a falconry license. The
department shall prescribe and furnish forms for  application  for  such
license.  The  fee  for  the  license  shall  be [twenty] FORTY dollars.
Falconry licenses shall expire on December 31 every [second] FIFTH  year
and  shall be renewable at the discretion of the department.  A falconry
license shall authorize the  licensee  to  obtain,  buy,  sell,  barter,
possess  and  train  raptors  for  falconry  and  to engage in falconry,
provided that no game shall be taken or killed  except  during  an  open
season  therefor,  and  further  provided  that such licensee shall also
possess a license pursuant to this chapter which authorizes  the  holder
to  hunt  wildlife.    Any  non-resident, who legally possesses a raptor
where he or she resides and who may legally engage in falconry where  he
or  she  resides,  may engage in falconry in New York without a falconry
license provided he  or  she  possesses  a  valid  non-resident  hunting
license.
  S  9.  Section 11-1721 of the environmental conservation law, subdivi-
sion 2 as amended by chapter 528 of the laws of 1986, is amended to read
as follows:
S 11-1721. [Tagging] IDENTIFICATION of carcasses and parts thereof.
  1. The provisions of this section apply to carcasses and parts thereof
of
  a. domestic game killed on the premises of the holder  of  a  domestic
game bird breeder's license PURSUANT TO SECTION 11-1901 OF THIS ARTICLE,
domestic  game  animal  breeder's license PURSUANT TO SECTION 11-1905 OF
THIS ARTICLE or shooting preserve license PURSUANT TO SECTION 11-1903 OF
THIS ARTICLE;
  b. [domestic game raised outside the state on the premises of a holder
of a certificate under section 11-1715, subdivision 1;
  c. foreign game imported from outside the United States;
  d. wild deer (other than white-tailed deer), moose, elk,  caribou  and
antelope,  coming  from  outside the state, imported pursuant to section
11-1711;

S. 6258--D                         29                         A. 9058--D

  e.] bear possessed under license pursuant to section 11-0515  OF  THIS
ARTICLE  or  outside  the state under a license similar in principle and
killed for food purposes[, and bought and sold for  such  purpose  under
permit from the department pursuant to section 11-1713];
  [f.] C. trout, black bass, lake trout, landlocked salmon, muskellunge,
pike,  pickerel  and walleye taken from fishing preserve waters licensed
pursuant to section 11-1913 OF THIS ARTICLE.
  2. All such [game] CARCASSES AND PARTS shall  be  [tagged]  IDENTIFIED
with  a  [tag  or  seal,  which  shall be supplied] FORM PROVIDED by the
department [for a fee of five cents for each tag or  seal.  The  tag  or
seal shall be affixed to each game bird, and in the case of foreign game
shall  be  affixed  to the breast skin, and to the flesh of each quarter
and loin of other game, and shall remain so affixed until  the  game  is
finally  prepared for consumption.  Trout, black bass, lake trout, land-
locked salmon, muskellunge, pike, pickerel and walleye taken from  fish-
ing preserve waters licensed pursuant to section 11-1913 shall be tagged
as prescribed by the department, with a seal, which shall be supplied by
the department for a fee of five cents for each seal].
  3.  [Domestic game killed in this state] CARCASSES AND PARTS shall not
be possessed unless [tagged] ACCOMPANIED  BY  A  FORM  PROVIDED  BY  THE
DEPARTMENT  as  required  by  this  section. [Foreign game imported from
outside the United States and domestic and wild game coming from outside
the state shall be tagged before it is brought into the state  or  imme-
diately upon its receipt within this state by the consignee.
  4.  No  person shall counterfeit any seal or tag issued by the depart-
ment. No person shall attach such a  tag  to  game  which  is  not  game
described in subdivision 1, nor attach to any game described in subdivi-
sion  1  a  tag  or  seal  other  than the tag or seal prescribed by the
department for the tagging of such game.]
  S 10. Section 11-1723 of the environmental conservation law is amended
to read as follows:
S 11-1723. Sale of game and trout; transportation within the state.
  1. a. Except as provided in paragraph b, game and  trout  required  by
section 11-1721 OF THIS TITLE to be [tagged, when so tagged] IDENTIFIED,
may  be  possessed,  bought  and sold, and subject to section 11-1725 OF
THIS TITLE may be transported within and  from  within  to  without  the
state by any means.
  b.  No domestic duck, goose, brant or swan killed by shooting shall be
bought or sold unless marked [by having had the hind toe  of  the  right
foot removed as provided in subdivision 5 of section 11-1901] IN ACCORD-
ANCE WITH REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY
THE  DEPARTMENT  OF  THE  INTERIOR  PURSUANT  TO  50 C.F.R. 21 AS MAY BE
AMENDED FROM TIME TO TIME.    SUCH  INFORMATION  SHALL  BE  PROVIDED  BY
DEPARTMENT  PRESS RELEASE AND ANY OTHER MEANS THAT THE DEPARTMENT DETER-
MINES TO BE APPROPRIATE AND EFFECTIVE, INCLUDING POSTING ON THE  DEPART-
MENT'S PUBLIC WEBSITE.
  2.  No  person  shall  sell  or  offer for sale any such game or trout
unless it is so [tagged] IDENTIFIED.
  S 11. Section 11-1725 of the environmental conservation law is amended
to read as follows:
S 11-1725. Shipment by carriers.
  1. Carriers may receive, and may transport, within and from within  to
without  the  state,  carcasses  and parts thereof of game, described in
subdivision 1 of section 11-1721[, tagged] AND IDENTIFIED as provided in
that section, when they are also labeled as provided in this section.

S. 6258--D                         30                         A. 9058--D

  2. a. When received in this state by a carrier, or transported  within
or from within to without the state by a carrier, every shipment of game
required  by  section 11-1721 to be [tagged] IDENTIFIED, shall also have
attached a card or label with the  following  data  plainly  printed  or
written  thereon: names and addresses of consignor and consignee, number
and kind of carcasses or parts thereof[, and that the same  is  (as  the
case  may  be)  domestic  game,  imported foreign game, or game imported
under permit (in the case of game imported pursuant to  section  11-1711
or 11-1713)].
  b. If the consignor is the person who holds the game breeder's license
or shooting preserve license[, or the certificate under section 11-1715,
or  the  permit under section 11-1711 or 11-1713,] by authority of which
such game (other than imported foreign game) is saleable, or if the game
is imported foreign game shipped by a licensed game dealer, the card  or
label  shall  also  state  the  name  and  address of the holder of such
license, [certificate or permit] and the number of the license[, certif-
icate or permit].
  3. No carrier or employee thereof shall, while engaged in  such  busi-
ness,  transport  as  owner  any  fish or game not lawfully saleable. No
carrier or employee thereof shall knowingly receive or possess any  fish
or game, whether packed or unpacked, for shipment for any person, unless
(a)  if  it is game or trout described in section 11-1721 OF THIS TITLE,
it is [tagged] IDENTIFIED as required by that section, and  (b)  in  any
case,  it  bears the tag, card, IDENTIFICATION or label required by this
section or by sections 11-0911, 11-0917,  11-1319  or  11-1913  OF  THIS
ARTICLE.
  S  12. Subdivisions 1, 5 and 8 of section 11-1901 of the environmental
conservation law, paragraphs a and b of  subdivision  1  as  amended  by
chapter 528 of the laws of 1986, are amended to read as follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands, or an entire  island,  a  domestic  game  bird
breeder's  license  permitting him to possess and propagate such species
of domestic game birds as, in its opinion, he has facilities for  propa-
gating  on  the  licensed premises. The license shall expire on March 31
[in each] EVERY FIFTH year. The department shall prescribe  and  furnish
forms  for  application  for  such  license. Applicants shall pay to the
department, and the  department  shall  be  entitled  to  receive,  fees
according to the type of license so issued as follows:
  a.  Class  A  license, [fifty] TWO HUNDRED dollars. This license shall
allow the holder thereof to purchase, possess, propagate, transport  and
sell domestic game birds, dead or alive, and their eggs.
  b.  Class B license, [ten] FORTY dollars. This license shall allow the
holder thereof to purchase, possess and propagate  domestic  game  birds
for  his  own  use. Birds may be killed for food or released to the wild
for restocking. No live birds or their eggs or carcasses  may  be  sold,
exchanged or given away.
  5.  Each  such  domestic duck, goose, brant and swan [before attaining
the age of four weeks] shall be marked [by having the hind  toe  of  the
right  foot  removed,  and no such duck, goose, brant or swan, over four
weeks of age, may be possessed or sold without such mark] IN  ACCORDANCE
WITH  REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY THE
DEPARTMENT OF THE INTERIOR PURSUANT TO 50 C.F.R. 21 AS  MAY  BE  AMENDED
FROM  TIME  TO  TIME.   SUCH INFORMATION SHALL BE PROVIDED BY DEPARTMENT
PRESS RELEASE AND ANY OTHER MEANS THAT THE DEPARTMENT DETERMINES  TO  BE
APPROPRIATE  AND EFFECTIVE, INCLUDING POSTING ON THE DEPARTMENT'S PUBLIC
WEBSITE.  Birds so marked, which have escaped, may be recaptured by  the

S. 6258--D                         31                         A. 9058--D

licensee.  [Other  such  domestic  game  birds which have escaped may be
recaptured by the licensee provided they are marked as prescribed in the
rules and regulations of the department.] Escaped birds  may  be  recap-
tured  only  on  the  premises of the licensee. [However, removal of the
hind toe of the right foot shall not  be  required  for  captive  geese,
brant  and swans, which were adult birds on March 1, 1967 and previously
had been marked with a V-shaped mark on the web of one foot.]
  8. [a. The department shall supply tags, for which the licensee  shall
pay a fee of five cents each, which shall be affixed to the carcass of a
domestic  game  bird  and  remain  so  affixed until the bird is finally
prepared for consumption. No domestic  game  bird  so  killed  shall  be
possessed  without such tag, and only an authorized person shall have in
his possession such tags.
  b. Notwithstanding any provision in this section to the  contrary,  no
untagged carcass may be removed from the premises except carcasses which
are  removed  for  the purpose of processing. When transporting untagged
carcasses for such processing, the bearer must have a  statement  signed
by  the  licensee  stating the number of carcasses being transported and
the name and address of the processor. The bearer must also have in  his
possession  tags  equal  in  number  to  the  carcasses transported. The
processor or bearer, after picking and  dressing  the  carcasses,  shall
affix the tags, furnished by the licensee, to each carcass.
  c.  The licensee shall keep records of the number of tags used, and no
tags shall be removed from the licensed premises except as  provided  in
this subdivision. If a game bird breeder's license is not renewed on its
expiration  date, all unused tags and inventory shall be returned to the
nearest regional office of the department not later than ten days  after
the  expiration  date  of the license. There shall be no refund of money
for such returned tags, which shall be immediately invalidated.
  d. The tagging required by this subdivision shall  constitute  compli-
ance  with  the  tagging  requirements  of section 11-1721. Carcasses of
domestic game birds, tagged as provided  in  this  subdivision,  may  be
possessed, bought, sold, offered for sale and transported, to the extent
permitted by sections 11-1719 and 11-1723.] DOMESTIC GAME BIRD CARCASSES
AND  PARTS  SHALL  BE  IDENTIFIED AS REQUIRED BY SECTION 11-1721 OF THIS
ARTICLE.
  S 13. Subdivisions 2, 4 and 6 of section 11-1903 of the  environmental
conservation law are REPEALED and subdivisions 1, 3, 7 and 10, paragraph
c of subdivision 1 as amended by chapter 528 of the laws of 1986, subdi-
vision  3  as amended by chapter 465 of the laws of 1976 and paragraph d
of subdivision 7 as amended by chapter 37  of  the  laws  of  1978,  are
amended to read as follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands or an entire island a shooting preserve license
permitting him OR HER to purchase, possess, rear and transport,  and  to
release  and  take  by  shooting  therein,  domestic  game birds legally
possessed or acquired. No birds may be held for propagation after [March
31] APRIL 15 unless the owner or lessee also has a  domestic  game  bird
breeder's  license as provided for in section 11-1901 OF THIS TITLE.  In
the case of leased lands, the applicant shall furnish with  his  OR  HER
application evidence of a written lease executed by each lessor covering
the  premises  to  be licensed. The license shall expire on [March 31 in
each] APRIL 15 EVERY FIFTH year.  The  department  shall  prescribe  and
furnish  forms  for application for such license.  Applicants shall pay,
and the department shall be entitled to receive, fees according  to  the
type of license issued as follows:

S. 6258--D                         32                         A. 9058--D

  a.  Class  A  license,  [fifty] TWO HUNDRED dollars [for the first one
hundred acres and five dollars for each additional one hundred acres  or
portion  thereof  comprising the premises described in the application].
This license shall allow the holder thereof to operate a commercial CLUB
OR  MEMBERSHIP shooting preserve WITH A MINIMUM OF ONE HUNDRED ACRES and
charge a daily fee for hunting or charge a fee for each bird killed or a
combination thereof. Birds may be killed by the licensee for his OR  HER
own use and may be sold dead or alive.
  b.  [Class  B  license,  twenty-five dollars for the first one hundred
acres and two dollars and fifty cents for each  additional  one  hundred
acres or portion thereof comprising the premises described in the appli-
cation. This license shall allow the holder thereof to operate a nonpro-
fit  shooting  preserve  or  a  nonprofit  club  or  membership shooting
preserve with use limited to members and guests. Birds may be killed  by
the  licensee  for  his  own  use  but  no live birds, or their eggs, or
carcasses may be sold unless the licensee holds  a  Class  A  game  bird
breeder's license.
  c.]  Class  [C]  B license, [fifteen] SIXTY dollars [for the first one
hundred acres and two dollars for each additional one hundred  acres  or
portion  thereof  comprising the premises described in the application].
This license shall allow  the  holder  thereof  to  operate  a  shooting
preserve  with  use  restricted  to  the licensee, his OR HER family and
invitees, provided no fees are charged for the privilege of  hunting  or
for  birds  shot. Birds may be killed by the licensee for his OR HER own
use but no live birds, or their eggs, or carcasses may  be  sold  unless
the licensee holds a Class A game bird breeder's license.
  3.  The department may revoke the license of any licensee convicted of
a violation of this section, and no license shall be issued  to  him  OR
HER  for  the  ensuing  two  years. The licensee, unless he OR SHE shall
waive such right, shall have an opportunity to be heard. Notice of hear-
ing shall be given by mailing the same in writing to the licensee at the
address contained in his OR HER license. Attendance of witnesses may  be
compelled by subpoena.  Revocation shall be deemed an administrative act
reviewable by the supreme court as such.
  7. Domestic game birds may not be killed, by shooting, on the premises
specified in the application for the license, except under the following
conditions:
  a.  Birds  [must  be at least fourteen weeks of age before liberation.
Ducks, geese, brant and swans] shall be marked [by having had  the  hind
toe  of  the right foot removed, except] as provided in subdivision 5 of
section 11-1901[, and no such duck, goose,  brant  or  swan,  over  four
weeks  of age, may be possessed, sold or killed by shooting without such
mark] OF THIS TITLE.  Birds so marked, which have escaped, may be recap-
tured by the licensee.  [Other  such  domestic  game  birds  which  have
escaped  may  be  recaptured by the licensee provided they are marked as
prescribed in the rules and  regulations  of  the  department.]  Escaped
birds may be recaptured only on the premises of the licensee.
  b.  [Before  any  shooting  of  domestic  game  birds may be done on a
licensed shooting preserve the licensee must advise  the  department  in
writing  of  the  numbers of each species of domestic game birds reared,
purchased or otherwise acquired for liberation, and request and  receive
in  writing  a  shooting  authorization which shall state the numbers of
each species of game bird that may be taken by shooting. The  number  of
birds  authorized  to be taken by shooting shall not be less than eighty
per cent of the number liberated.

S. 6258--D                         33                         A. 9058--D

  Shooting authorization shall be based on the actual number of birds on
hand or on contract at the time of application for  such  authorization.
If  birds  are  purchased,  the  applicant  shall submit one copy of the
contract agreement signed by the purchaser and seller on forms furnished
by  the  department.  The  contract  shall  state  the name, address and
license number of the party from whom purchased as well as  the  numbers
of birds purchased and the dates of delivery.
  c.]  Ducks, geese, brant and swans liberated under this section may be
taken only under rules and regulations made by the department OR ADOPTED
BY THE FEDERAL DEPARTMENT OF THE INTERIOR; PROVIDED, HOWEVER,  THAT  ANY
FEDERAL  REGULATIONS  SHALL  BE PROVIDED BY DEPARTMENT PRESS RELEASE AND
ANY OTHER MEANS THAT THE DEPARTMENT DETERMINES  TO  BE  APPROPRIATE  AND
EFFECTIVE, INCLUDING POSTING ON THE DEPARTMENT'S PUBLIC WEBSITE.
  [d]  C.  On the premises described in the application for the license,
the licensee may kill domestic game birds by shooting from  September  1
through  [March  31] APRIL 15 and in any manner, other than by shooting,
at any time, or any person may take domestic game birds by shooting from
September 1 through [March 31] APRIL 15 with the consent of  the  licen-
see. [When an investigation made by the department in the month of March
of  any  year  reveals  that during the current shooting preserve season
reasonable opportunities were not  afforded  to  harvest  domestic  game
birds  in  any  area  or  areas of the state because of abnormal weather
conditions, the department shall have  power  to  extend  by  order  the
shooting  preserve  season  in  such  area  or areas for a period not to
exceed 15 days.]
  10. a. [The department shall supply tags, for which the licensee shall
pay a fee of five cents each, which shall be  affixed  to  the  carcass]
CARCASSES  AND  PARTS  of  [a] domestic game [bird and remain so affixed
until the bird is finally  prepared  for  consumption]  BIRDS  SHALL  BE
ACCOMPANIED  BY  A  FORM  PROVIDED BY THE DEPARTMENT PURSUANT TO SECTION
11-1721 OF THIS ARTICLE.   No domestic game birds  so  killed  shall  be
possessed  OR  TRANSPORTED  without such [tag] FORM.  Only an authorized
person as provided in the rules and regulations of the department  shall
have in his OR HER possession such [tags] FORM.
  b.  [Notwithstanding any provision in this section to the contrary, no
untagged carcass may be removed from the premises except carcasses which
are removed for processing. When  transporting  untagged  carcasses  for
processing,  the  bearer  must  have  a statement signed by the licensee
stating the number of carcasses transported and the name and address  of
the processor. The bearer must also have in his possession tags equal in
number  to  the  carcasses  transported.  The processor or bearer, after
picking and dressing the carcasses, shall affix the tags,  furnished  by
the licensee, to each carcass.
  c.  The  licensee  shall keep records of the number of tags used. If a
shooting preserve license is not renewed on  its  expiration  date,  all
unused  tags  on  inventory  shall  be  returned to the nearest regional
office of the department not later than ten days  after  the  expiration
date of the license. There shall be no refund of money for such returned
tags, which shall be immediately invalidated.
  d.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements  of  section  11-1721.  Carcasses  of
domestic  game  birds,  tagged  as  provided in this subdivision, may be
possessed and transported by all licensees under this section, and  they
may  be  bought,  sold  and  offered for sale to the extent permitted by
sections 11-1719 and 11-1723, except that no domestic duck, goose, brant
or swan shall be bought, sold or killed by  shooting  unless  marked  as

S. 6258--D                         34                         A. 9058--D

provided  in subdivision 7 of this section] DOMESTIC GAME BIRD CARCASSES
AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
ARTICLE.
  S  14.  Subdivisions  1  and 6 of section 11-1905 of the environmental
conservation law, the opening paragraph of subdivision 1 as  amended  by
chapter  41  of the laws of 1973 and paragraphs a and b of subdivision 1
as amended by chapter 528 of the laws of 1986, are amended  to  read  as
follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands or an entire  island  a  domestic  game  animal
breeder's  license permitting him to possess and propagate domestic game
animals provided such animals are confined and cared  for  according  to
specifications  and  regulations  which  the department, by order, shall
adopt. The license shall expire on March 31 [of each] EVERY FIFTH  year.
The  department  shall  prescribe  and furnish forms for application for
such license. Applicants shall pay, and the department shall be entitled
to receive, fees in accordance with the type of license issued.
  a. Class A license, [fifty] TWO HUNDRED dollars.  This  license  shall
allow  the holder thereof to purchase, possess, propagate, transport and
sell domestic game animals dead or alive.
  b. Class B license, [ten] FORTY dollars. This license shall allow  the
holder  thereof to purchase, possess and propagate domestic game animals
for his own use. No animals may be sold, exchanged or given away  except
that  portions  of the carcass may be given away provided they are pack-
aged and the package bears the name and license number of the licensee.
  6. [a. The department shall supply tags  for  Class  A  licenses,  for
which the licensees shall pay five cents each, which shall be affixed to
each quarter and loin of each carcass of domestic game animals killed by
Class  A  licensees  and  remain  so  affixed  until the game is finally
prepared for consumption. No domestic game animal  so  killed,  nor  any
portion of the carcass thereof, shall be possessed without such tag, and
no person shall sell such quarter or loin without such tag attached.
  b.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements of section 11-1721. Loins or quarters
of domestic game animals, killed by Class  A  licensees  and  tagged  as
provided in this subdivision, may be possessed, bought, sold and offered
for sale, and transported as provided in section 11-1723 and may be sold
and  offered  for  sale  by  the  holder of a Class A license under this
section without the  game  dealer's  license  provided  for  in  section
11-1719.]  DOMESTIC  GAME ANIMAL CARCASSES AND PARTS SHALL BE IDENTIFIED
AS REQUIRED BY SECTION 11-1721 OF THIS ARTICLE.
  S 15. Section 11-1907 of the environmental conservation law is amended
by adding a new subdivision 3 to read as follows:
  3. ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE DEPARTMENT  SHALL
NOT ISSUE ANY NEW LICENSES PURSUANT TO THIS SECTION.
  S 16. Subparagraph 4 of paragraph b of subdivision 2 and subdivision 6
of section 11-1913 of the environmental conservation law, paragraph a of
subdivision 6 as amended by chapter 528 of the laws of 1986, are amended
to read as follows:
  (4)  specify the manner of [tagging] IDENTIFICATION OF fish taken from
the licensed waters, and
  6. a. All trout, black bass, lake trout,  landlocked  salmon,  muskel-
lunge,  pike,  pickerel  and  walleye  taken  from  the licensed fishing
preserve waters, shall  be  immediately  [tagged]  IDENTIFIED  ON  FORMS
PROVIDED  BY  THE DEPARTMENT as prescribed in the license or by order of

S. 6258--D                         35                         A. 9058--D

the department. [Such tags shall be furnished by the department and sold
to the licensee at the cost of five cents per tag.]
  b.  The  [tag  so  affixed]  IDENTIFICATION FORM shall [not be removed
from] ACCOMPANY the fish until the same is finally prepared for consump-
tion.
  c. No fish, required to be [tagged] IDENTIFIED as specified  in  para-
graph  a  of  this  subdivision, taken pursuant to this section shall be
possessed off the premises of the fishing preserve  without  such  [tag]
IDENTIFICATION  FORM,  and  no  person shall sell such fish without such
[tag attached, except for scientific, exhibition or  stocking  purposes]
IDENTIFICATION FORM.
  d.  Fish  taken from such fishing preserves and [tagged] IDENTIFIED as
provided in this subdivision, may be possessed, bought, sold and offered
for sale, and transported without restriction. Fish raised or  possessed
under  license  issued  under  this  section may be sold at any time for
scientific, exhibition, propagation or stocking purposes.
  S 17. Subdivision 3 of section 11-0103 of the environmental  conserva-
tion law is amended to read as follows:
  3.  "Wild  game"  means  all  game,  except (a) domestic game bird and
domestic game animal as defined  in  subdivision  4;  (b)  carcasses  of
foreign  game  as  defined in section 11-1717, imported from outside the
United States [and tagged as provided  in  section  11-1721];  (c)  game
propagated  or kept alive in captivity as provided in section 11-1907 OF
THIS ARTICLE; (d) game imported alive pursuant to license of the depart-
ment, or artificially propagated, until such game is liberated; and  (e)
game so imported or propagated when liberated for the purpose of a field
trial and taken during the field trial for which it was liberated.
  S  18. Subdivision 2 of section 11-1717 of the environmental conserva-
tion law is amended to read as follows:
  2. The carcasses, or parts thereof,  of  foreign  game  imported  from
outside  the  United  States  may  be  bought  and  sold [when tagged as
required in section  11-1721,  subject  to  the  provisions  of  section
11-1719 with respect to dealers' licenses].
  S  19.  Section  11-0323  of  the  environmental  conservation law, as
amended by chapter 84 of the  laws  of  2010,  is  amended  to  read  as
follows:
S 11-0323. Publication of Fish and Wildlife Law.
  The department shall compile and index each year after the adjournment
of  the legislature the laws relating to fish and wildlife as amended to
date. Copies of the compilation shall be printed  in  pamphlet  form  of
pocket  size  in  the  number  for which the legislature may appropriate
funds. The department shall also prepare a syllabus  of  such  laws  and
information  informing migratory game bird hunters where they can obtain
information regarding open seasons and  bag  limits  and  FEDERAL  REGU-
LATIONS  PURSUANT  TO  SECTIONS 11-1721 AND 11-1723 OF THIS ARTICLE. THE
DEPARTMENT shall deliver copies to county, city, town and village clerks
in numbers sufficient for the furnishing of one copy to each  person  to
whom  a hunting, trapping or fishing license is issued. Each such licen-
see shall be entitled to one copy of such syllabus.
  S 20. This act shall take effect immediately, except that if this  act
shall  have  become  a law on or after April 1, 2012 this act shall take
effect immediately and shall be deemed to have been in  full  force  and
effect  on  and  after  April  1,  2012; provided that the amendments to
subdivision 2 of section 11-0931 of the environmental  conservation  law
made  by  section six of this act shall be subject to the expiration and
reversion of such subdivision pursuant to chapter 483  of  the  laws  of

S. 6258--D                         36                         A. 9058--D

2010, as amended, when upon such date the provisions of section seven of
this act shall take effect.

                                 PART I
                          Intentionally omitted

                                 PART J

  Section  1.  Paragraph  f  of  subdivision 1 of section 72-0402 of the
environmental conservation law, as added by chapter 99 of  the  laws  of
2010, is amended to read as follows:
  f.  In any case where a generator EITHER (I) recycles more than ninety
percent of the [amount] TOTAL TONS of hazardous waste or more than nine-
ty percent of the [amount] TOTAL TONS of hazardous wastewater  WHICH  it
[produces  in  any] GENERATED DURING THAT calendar year, as certified to
the commissioner, [upon which a fee is imposed pursuant to this section,
any such fee imposed or to be imposed in such  case]  OR  (II)  RECYCLES
MORE  THAN FOUR THOUSAND TONS OF HAZARDOUS WASTE OR MORE THAN FOUR THOU-
SAND TONS OF HAZARDOUS WASTEWATER WHICH IT GENERATED  IN  THAT  CALENDAR
YEAR, AS CERTIFIED TO THE COMMISSIONER, THE FEE IMPOSED PURSUANT TO THIS
SECTION  shall be [determined] CALCULATED AND IMPOSED based upon the net
amount of hazardous waste or THE  NET  AMOUNT  OF  hazardous  wastewater
generated[,  as  applicable,  which] THAT is not [so] recycled in [such]
THAT calendar year, rather than  upon  the  gross  [amount]  AMOUNTS  of
hazardous waste [or] AND hazardous wastewater generated in such calendar
year.
  S 2. This act shall take effect immediately and shall apply to hazard-
ous  waste  program  fee bills issued by the department of environmental
conservation after January 1, 2012  for  hazardous  waste  or  hazardous
wastewater generated during calendar year 2011 or later.

                                 PART K

  Section  1.  Subdivisions 2 and 4 of section 97-1 of the state finance
law, as added by chapter 565 of the laws of 1989, are amended to read as
follows:
  2. The sewage treatment program  management  and  administration  fund
[shall]  MAY consist of (a) all moneys transferred to the state from the
water pollution  control  revolving  fund  pursuant  to  section  twelve
hundred  eighty-five-j  of  the  public  authorities  law,  (b) all OR A
PORTION OF moneys made available to New York state for the  purposes  of
administering  and  managing  financial  assistance  provided to munici-
palities from the water pollution control revolving fund pursuant to the
Federal Water Pollution Control Act, and (c) all other  moneys  credited
or  transferred  thereto  from any other fund or source pursuant to law.
Notwithstanding the foregoing, no money reserved for  planning  pursuant
to  section  six hundred four (b) of the Federal Water Pollution Control
Act shall be deposited in the sewage treatment  program  management  and
administration fund.
  4.  Moneys  in  such fund, following appropriation by the legislature,
[shall] MAY be used, for the purpose of paying all costs of the  depart-
ment  of  environmental  conservation  and  New York state environmental
facilities corporation for management and administration of  the  sewage
treatment  program  established  by section 17-1909 of the environmental
conservation law and of  the  water  pollution  control  revolving  fund

S. 6258--D                         37                         A. 9058--D

established  by  section  twelve  hundred  eighty-five-j  of  the public
authorities law.
  S  2. Subdivisions 2 and 4 of section 97-ddd of the state finance law,
as added by chapter 432 of the laws of 1997,  are  amended  to  read  as
follows:
  2.  The  drinking  water  program  management  and administration fund
[shall] MAY consist of (a) all moneys transferred to the state from  the
drinking  water revolving fund pursuant to section twelve hundred eight-
y-five-m of the public authorities law, (b) all OR A PORTION  OF  moneys
made  available  to  New  York  state  for purposes of administering and
managing financial assistance provided to recipients from  the  drinking
water  revolving  fund  pursuant to the Federal Safe Drinking Water Act,
and (c) all other moneys credited or transferred thereto from any  other
fund or source pursuant to law.
  4.  Moneys  in  the  fund, following appropriation by the legislature,
[shall] MAY be used, for the purpose of paying all costs of the  depart-
ment  of  health and New York state environmental facilities corporation
for management and administration of the drinking water  program  estab-
lished  by  title four of article eleven of the public health law and of
the drinking water revolving fund established by section twelve  hundred
eighty-five-m of the public authorities law.
  S  3. Subdivisions 5 and 7 of section 1285-j of the public authorities
law, subdivision 5 as amended by chapter 134 of the  laws  of  2007  and
subdivision  7  as added by chapter 565 of the laws of 1989, are amended
to read as follows:
  5. The corporation [shall] MAY make payments to the  sewage  treatment
program  management  and administration fund in accordance with subdivi-
sion seven of this section to reimburse such fund for expenditures  made
pursuant  to  appropriation  to  pay the cost of the corporation and the
department of environmental conservation for administering and  managing
the  water  pollution  control  revolving  fund  program  established in
section ninety-seven-l of the state finance law, for  such  costs.  Such
reimbursement  shall  be  made from (a) available investment earnings on
all amounts in the water pollution control revolving fund excluding  all
amounts in the fund which are the subject of allocations or other finan-
cial  assistance  to  a  municipality;  and (b) payments received from a
municipality for such purpose pursuant to a project financing  agreement
or  loan  agreement; and (c) if the sources of revenue described in this
paragraph and paragraphs (a) and (b) of  this  subdivision  are  or  are
anticipated  to  be  insufficient,  then  from  the  proceeds of federal
capitalization grants, awards or assistance appropriated to the fund for
administration and management of such program.
  Notwithstanding the foregoing, if the sources of revenues described in
paragraphs (a), (b) and (c) of this subdivision are at any time insuffi-
cient to make a reimbursement to the state pursuant to this  subdivision
when  due,  the corporation shall make such reimbursement from any other
available amounts in the water pollution control revolving fund, exclud-
ing all amounts that are the subject of allocations, provided, that  the
amounts  paid from fund sources other than those described in paragraphs
(a), (b) and (c) of this subdivision shall be reimbursed upon a determi-
nation by the director of the budget that future revenues obtained  from
sources described in paragraphs (a), (b) and (c) of this subdivision are
in excess of the amounts reasonably needed to make future reimbursements
pursuant to this subdivision.
  7.  The  corporation  [shall]  MAY  transfer  to  the sewage treatment
program management  and  administration  fund  established  pursuant  to

S. 6258--D                         38                         A. 9058--D

section  ninety-seven-l of the state finance law no less frequently than
semi-monthly amounts from the fund sufficient to  reimburse  the  sewage
treatment  program management and administration fund in accordance with
the provisions of subdivision five of this section.
  S 4. Subdivision 7 of section 1285-m of the public authorities law, as
added by chapter 413 of the laws of 1996, is amended to read as follows:
  7.  The corporation [shall] MAY transfer to the state on such schedule
as the corporation and the department of health shall agree amounts from
the fund to reimburse the state in accordance  with  the  provisions  of
subdivision five of this section.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART L

  Section 1. Section 140 of the agriculture and markets law, as added by
chapter 631 of the laws of 1955, subdivision 1 as amended by chapter 592
of the laws of 2003, is amended to read as follows:
  S 140. Samples; publication of results of tests. 1.  The  commissioner
or  his  or  her  duly  authorized representatives shall take samples of
seeds [and submit them to the director of the New  York  state  agricul-
tural  experiment station] for examination, analysis, and testing BY THE
DEPARTMENT. THE COMMISSIONER MAY CONTRACT WITH A QUALIFIED LABORATORY TO
PERFORM SUCH EXAMINATION, ANALYSIS, AND TESTING. When the analysis of an
official sample indicates that seed is mislabeled, the results  of  such
analysis shall be provided to the person responsible for the labeling of
the  seed  and,  upon that person's request, made within fifteen days of
his or her receipt of said results,  the  commissioner  or  his  or  her
authorized  agent shall furnish such person with a portion of the sample
taken.
  2. [The director of the New York state agricultural experiment station
shall examine, analyze, or test, or cause to be  examined,  analyzed  or
tested  such samples of seeds taken under the provisions of this article
as shall be submitted to him for that purpose by the  commissioner,  and
shall  report  the  results of such analysis, examination, or testing to
the commissioner. For this  purpose  the  New  York  state  agricultural
experiment  station  may establish and maintain trial grounds and a seed
laboratory with the necessary equipment,  and  may  employ  experts  and
incur  such  expense as may be necessary to comply with the requirements
of this article.
  3.] From time to time the  [New  York  state  agricultural  experiment
station, in cooperation with the] department of agriculture and markets,
shall  make  public  the  results of examinations, analyses, trials, and
tests of any sample or samples so procured,  together  with  such  addi-
tional  information  as  circumstances  advise.  These published results
shall be the property of the state of New York and shall not be used for
advertising or regulatory purposes by any person or agency, governmental
or otherwise without requested and granted permission of the commission-
er [of agriculture and markets].
  S 2.  Section 140-a of the agriculture and markets law,  as  added  by
chapter 631 of the laws of 1955, is amended to read as follows:
  S 140-a. Provision  for  seed tests.   Any citizen of this state shall
have the privilege of submitting to the  [New  York  state  agricultural
experiment  station]  DEPARTMENT samples of seeds for [test] TESTING and
analysis subject to [such rules and regulations as may be adopted by the
director of said experiment station and approved by Cornell  university]

S. 6258--D                         39                         A. 9058--D

PAYMENT OF A FEE TO THE COMMISSIONER THAT SHALL, AT A MINIMUM, COVER THE
FULL  COSTS OF THE SERVICES PROVIDED. ALL MONIES RECEIVED BY THE COMMIS-
SIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN AN ACCOUNT  WITHIN
THE  MISCELLANEOUS  SPECIAL RECEIVE FUND AND SHALL BE USED TO DEFRAY THE
EXPENSES INCIDENTAL TO CARRYING OUT  THE  SERVICES  AUTHORIZED  BY  THIS
SECTION.
  S 3. This act shall take effect immediately.

                                 PART M

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 25-d to read as follows:
  25-D. THE COMMISSIONER MAY ENTER INTO A CONTRACT OR COOPERATIVE AGREE-
MENT UNDER WHICH SERVICES RELATING TO FOOD SAFETY AND INSPECTION, ANIMAL
HEALTH, INVASIVE SPECIES CONTROL, THE COLLECTION OF SAMPLES FOR RESEARCH
STUDIES AND SIMILAR SERVICES RELATING TO THE DUTIES AND RESPONSIBILITIES
OF THE DEPARTMENT MAY BE MADE AVAILABLE TO FEDERAL ENTITIES, EDUCATIONAL
ENTITIES  LOCATED OUTSIDE OF THE STATE, AND STATE AND LOCAL GOVERNMENTAL
ENTITIES LOCATED OUTSIDE OF THE STATE, WHEN, IN THE COMMISSIONER'S JUDG-
MENT, SUCH CONTRACT OR COOPERATIVE AGREEMENT  SHALL  BE  IN  THE  PUBLIC
INTEREST  AND  SHALL  NOT  ADVERSELY AFFECT THE DEPARTMENT'S OBLIGATIONS
UNDER THIS CHAPTER.  SUCH  CONTRACTS  OR  COOPERATIVE  AGREEMENTS  SHALL
REQUIRE  PAYMENT  BY  CONTRACTORS  AND COOPERATORS OF, AT A MINIMUM, THE
FULL COSTS OF THE SERVICES PROVIDED.  ALL MONEYS RECEIVED BY THE COMMIS-
SIONER PURSUANT TO SUCH CONTRACTS AND AGREEMENTS SHALL BE  DEPOSITED  IN
AN  ACCOUNT  WITHIN  THE MISCELLANEOUS SPECIAL REVENUE FUND AND SHALL BE
USED TO DEFRAY THE EXPENSES INCIDENTAL  TO  CARRYING  OUT  THE  SERVICES
AUTHORIZED BY THIS SUBDIVISION.
  S 2. This act shall take effect immediately.

                                 PART N

  Section  1.  Section  251-z-3  of  the agriculture and markets law, as
amended by chapter 307 of the laws  of  2004,  the  second  undesignated
paragraph  as  amended by section 2 of part II of chapter 59 of the laws
of 2009, is amended to read as follows:
  S 251-z-3. Licenses; fees. No person shall maintain or operate a  food
processing establishment unless licensed biennially by the commissioner.
Application  for  a  license  to operate a food processing establishment
shall be made, upon a form prescribed by the commissioner[, on or before
the fifteenth of the month preceding the applicable  license  period  as
herein prescribed. The license period shall begin February fifteenth for
applicants  who  apply  for a license between February fifteenth and May
fourteenth, May fifteenth for applicants who apply for a license between
May fifteenth and August fourteenth, August fifteenth for applicants who
apply for a license between August fifteenth  and  November  fourteenth,
and  November  fifteenth  for applicants who apply for a license between
November fifteenth and February fourteenth]. RENEWAL APPLICATIONS  SHALL
BE  SUBMITTED  TO  THE  COMMISSIONER  AT  LEAST THIRTY DAYS PRIOR TO THE
COMMENCEMENT OF THE NEXT LICENSE PERIOD.
  The applicant shall furnish evidence of his  or  her  good  character,
experience  and  competency, that the establishment has adequate facili-
ties and equipment for the business to be conducted, that the establish-
ment is such that the cleanliness of the  premises  can  be  maintained,
that  the  product  produced therein will not become adulterated and, if
the applicant is a retail food store, that the applicant has an individ-

S. 6258--D                         40                         A. 9058--D

ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to  the  applicant,  upon  payment  of  the  license fee of four hundred
dollars,  a  license  to  operate  the  food  processing   establishment
described  in  the  application.  However, the license fee shall be nine
hundred dollars for a food processing establishment  determined  by  the
commissioner,  pursuant to duly promulgated regulations, to require more
intensive regulatory  oversight  due  to  the  volume  of  the  products
produced,  the  potentially  hazardous nature of the product produced or
the multiple number of processing operations conducted in the establish-
ment. The license application for retail food stores shall  be  accompa-
nied  by  documentation  in  a  form  approved by the commissioner which
demonstrates that the food safety education program requirement has been
met. The license shall take effect on the date of issuance and  continue
[until  the  last day of the applicable license period set forth in this
section] FOR TWO YEARS FROM SUCH DATE.
  [Notwithstanding any other provision  of  law  to  the  contrary,  the
commissioner  is  hereby  authorized  and  directed to deposit all money
received pursuant to this section in an account within the miscellaneous
special revenue fund.]
  S 2. Subdivision 4 of section 128-a of the agriculture and markets law
is REPEALED and subdivisions 5, 6, 7, 8, 9 and 10 are renumbered  subdi-
visions 4, 5, 6, 7, 8 and 9.
  S 3. Subdivision 3 of section 133-a of the agriculture and markets law
is REPEALED.
  S 4. Section 90-b of the state finance law is REPEALED.
  S 5. This act shall take effect immediately.

                                 PART O

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART P

  Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
laws of 2012 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue  funds - other/state operations, miscellaneous special revenue fund -
339, energy research and planning account, and special revenue  funds  -
other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy  research  and planning account shall be subject to the provisions of
this section. Notwithstanding  the  provisions  of  subdivision  4-a  of
section 18-a of the public service law, all moneys committed or expended
shall  be reimbursed by assessment against gas corporations and electric
corporations as defined in section 2 of the public service law, and  the
total  amount  which may be charged to any gas corporation and any elec-
tric corporation shall not exceed one cent per one thousand  cubic  feet
of  gas sold and .010 cent per kilowatt-hour of electricity sold by such
corporations in their intrastate utility  operations  in  calendar  year
2010.  Such  amounts  shall  be  excluded  from  the  general assessment

S. 6258--D                         41                         A. 9058--D

provisions of subdivision 2 of section 18-a of the public  service  law,
but shall be billed and paid in the manner set forth in such subdivision
and  upon  receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The  director  of  the  budget shall not issue a certificate of approval
with respect to the commitment and expenditure of moneys  hereby  appro-
priated  until the chair of such authority shall have submitted, and the
director of the budget shall have approved,  a  comprehensive  financial
plan  encompassing  all  moneys available to and all anticipated commit-
ments and expenditures by such authority from any source for  the  oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART Q
                          Intentionally omitted

                                 PART R

  Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
New York state urban development corporation act, relating to the powers
of  the  New  York state urban development corporation to make loans, as
amended by section 1 of part G of chapter 60 of the  laws  of  2011,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2012]  2013,  at  which
time the provisions of subdivision 26 of section 5 of the New York state
urban  development  corporation  act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such  subdivision
as provided for herein shall be deemed to affect or impair in any manner
any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART S

  Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968, constituting the New York state  urban  development
corporation act, as amended by section 1 of part KK of chapter 59 of the
laws of 2008, is amended to read as follows:
  3.  The  provisions  of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, [upon  the  effective  date  of  a
chapter  of  the laws of 2009 which appropriates funds for the principal
support of the urban development corporation  for  the  2009-2010  state
fiscal year] ON JULY 1, 2013.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009.

                                 PART T
                          Intentionally Omitted

S. 6258--D                         42                         A. 9058--D

                                 PART U

  Section  1.  Subdivision 1 of section 218 of the state finance law, as
amended by chapter 424 of the laws  of  2009,  is  amended  to  read  as
follows:
  1.  Linked  loans  made  to certified businesses in empire zones or to
eligible businesses in highly distressed areas or to eligible businesses
that are defined in paragraph (b-1) of subdivision eleven of section two
hundred thirteen of this article that are located in a renewal community
or defined in paragraph (b-2) of such subdivision that are located in an
empowerment zone or defined in paragraph (b-3) of such subdivision  that
are  located  in  an  enterprise  community,  respectively  for eligible
projects defined in paragraph (c) of subdivision twelve of  section  two
hundred thirteen of this article or to minority- or women-owned business
enterprises for an eligible project defined in paragraph (e) of subdivi-
sion  twelve  of  section  two  hundred thirteen of this article or to a
defense industry manufacturer for a project defined in paragraph (d)  of
subdivision twelve of section two hundred thirteen of this article OR TO
AN  ELIGIBLE BUSINESS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ELEVEN OF
SECTION TWO HUNDRED THIRTEEN OF  THIS  ARTICLE  THAT  PRODUCES  PRODUCTS
DEFINED  IN SUBDIVISION TWO OF SECTION THREE HUNDRED ONE OF THE AGRICUL-
TURE AND MARKETS LAW FOR AN ELIGIBLE PROJECT AS DEFINED IN PARAGRAPH (B)
OF SUBDIVISION TWELVE OF SECTION TWO HUNDRED THIRTEEN  OF  THIS  ARTICLE
shall  bear  interest  at  a fixed rate equal to three percentage points
below the fixed interest rate the lender would have charged for the loan
in the absence of a linked deposit based on its usual  credit  consider-
ations.    All  other  linked  loans shall bear interest at a fixed rate
equal to two percentage points below the fixed interest rate the  lender
would have charged for the loan in the absence of a linked deposit based
on its usual credit considerations. Lenders shall certify to the commis-
sioner  of  economic development that the rate to be charged on a linked
loan is two percentage points or three percentage points,  as  the  case
may  be,  below  the interest rate the lender would have charged for the
loan in the absence of a linked deposit.
  S 2.  Paragraph (a) of subdivision 11 and paragraph (b) of subdivision
12 of section 213 of the state finance law, as added by chapter  705  of
the laws of 1993, are amended to read as follows:
  (a)  a  manufacturing firm OR AGRICULTURAL BUSINESS which employs five
hundred or fewer employees within the state on a full-time basis; or
  (b) for manufacturing, AGRICULTURAL and service firms, projects  which
involve  the  preparation  of strategic plans for improving productivity
and competitiveness; the introduction  of  modern  equipment  and/or  an
expansion  of  facilities as part of a modernization plan; the introduc-
tion of advanced  technologies  to  improve  productivity  and  quality;
improvements  in production processes and operations, INCLUDING AGRICUL-
TURAL OPERATIONS; introduction of  computerized  information,  reporting
and control systems; reorganization or improvement of work place systems
and  the  introduction  of  total  quality  and  employee  participation
programs; development and introduction of new  products;  identification
and  development  of  new markets, including entry into foreign markets;
financial restructuring for purposes of  enabling  modernization  activ-
ities; buyouts of viable companies by employees or local owners residing
in  the state; and the provision of working capital for other moderniza-
tion activities that will improve the competitiveness  and  productivity
of a firm and result in the creation or retention of jobs; or
  S 3. This act shall take effect immediately.

S. 6258--D                         43                         A. 9058--D

                                 PART V

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, expenses of the department of health public service  education
program  incurred  pursuant  to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART W
                          Intentionally Omitted

                                 PART X
                          Intentionally omitted

                                 PART Y

  Section  1. Section 308 of the racing, pari-mutuel wagering and breed-
ing law is amended to read as follows:
  S 308. Officials at harness horse race meetings.  1.  At  all  harness
race meetings licensed by the state racing and wagering board in accord-
ance  with  the  provisions  of  sections two hundred twenty-two through
seven hundred five of this chapter qualified judges and  starters  shall
be  designated  by  the  state racing and wagering board. Such officials
shall enforce the rules and regulations of the state racing and wagering
board and shall render regular written reports  of  the  activities  and
conduct of such race meetings to the state racing and wagering board.
  2.  THE  LICENSED RACING CORPORATIONS SHALL REIMBURSE THE STATE RACING
AND WAGERING BOARD FOR THE PER DIEM COST TO  THE  BOARD  TO  EMPLOY  ONE
ASSOCIATE  JUDGE  AND THE STARTER TO SERVE AT HARNESS RACE MEETINGS. THE
BOARD SHALL NOTIFY SUCH LICENSED RACING CORPORATIONS  OF  THE  PER  DIEM
COST  OF  THE  ASSOCIATE JUDGE AND THE STARTER PRIOR TO THE BEGINNING OF
EACH MONTH. PAYMENT OF THE REIMBURSEMENT REQUIRED BY THIS SECTION  SHALL
BE  MADE  TO  THE BOARD BY EACH ENTITY REQUIRED TO MAKE SUCH PAYMENTS ON
THE LAST BUSINESS DAY OF EACH  MONTH  AND  SHALL  COVER  ALL  THE  COSTS
INCURRED  DURING  THAT  MONTH. A PENALTY OF FIVE PERCENT OF PAYMENT DUE,
AND INTEREST AT THE RATE OF ONE PERCENT PER MONTH CALCULATED  FROM  SUCH
LAST  DAY  OF EACH MONTH TO THE DATE OF THE PAYMENT OF THE PER DIEM COST
SHALL BE PAYABLE IN CASE ANY PER DIEM COST IMPOSED BY  THIS  SUBDIVISION
IS  NOT  PAID WHEN DUE. THE BOARD SHALL PROMULGATE RULES AND REGULATIONS
TO ENSURE THE PROPER REIMBURSEMENT OF SUCH COSTS.
  3. THE BOARD SHALL PAY INTO THE RACING REGULATION ACCOUNT, AS  DEFINED
IN  SECTION  NINETY-NINE-I  OF  THE  STATE  FINANCE LAW, UNDER THE JOINT
CUSTODY OF THE COMPTROLLER AND  THE  BOARD,  THE  TOTAL  AMOUNT  OF  THE
REIMBURSEMENTS  COLLECTED PURSUANT TO THIS SECTION. WITH THE APPROVAL OF
THE DIRECTOR OF THE  BUDGET,  MONIES  UTILIZED  TO  PAY  THE  COSTS  AND
EXPENSES  OF  THE  OPERATIONS  OF  THE  BOARD  SHALL BE PAID OUT OF SUCH
ACCOUNT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS,  CERTI-
FIED  AND  APPROVED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET OR HIS
OR HER DULY DESIGNATED OFFICIAL.
  4. ANY ASSOCIATE JUDGE AND STARTER WHOSE PER DIEM COSTS ARE REIMBURSED
BY A LICENSED RACING CORPORATION SHALL REMAIN  EMPLOYEES  OF  THE  STATE
RACING AND WAGERING BOARD AND SHALL RETAIN ALL THE RIGHTS AND PRIVILEGES

S. 6258--D                         44                         A. 9058--D

OF  THEIR CURRENT CIVIL SERVICE JURISDICTIONAL CLASSIFICATION AND STATUS
AND COLLECTIVE BARGAINING UNIT REPRESENTATION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART Z
                          Intentionally omitted

                                 PART AA

  Section 1. Paragraph (b) of subdivision  2  of  section  2975  of  the
public  authorities law, as amended by section 1 of part J of chapter 60
of the laws of 2011, is amended to read as follows:
  (b) On or before November first, two thousand three and on  or  before
November first of each year thereafter, the director of the budget shall
determine  the  amount  owed  under  this section by each public benefit
corporation. The director of the budget may reduce, in  whole  or  part,
the amount of such assessment if the payment thereof would necessitate a
state  appropriation  for  the  purpose,  or  would  otherwise impose an
extraordinary hardship upon the affected public benefit corporation. The
aggregate amount assessed under this section in any given  state  fiscal
year may not exceed [sixty] SIXTY-FIVE million dollars.
  S 2. This act shall take effect immediately.

                                 PART BB

  Section  1.  Section  1678 of the public authorities law is amended by
adding two new subdivisions 26 and 27 to read as follows:
  26. TO ENTER INTO A DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT  WITH
THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, PURSUANT TO WHICH ONE OR
MORE FACILITIES ARE TO BE DESIGNED, CONSTRUCTED, RECONSTRUCTED, REHABIL-
ITATED, IMPROVED, FURNISHED OR EQUIPPED FOR SUCH  DEPARTMENT.  ANY  SUCH
DESIGN  AND  CONSTRUCTION  MANAGEMENT AGREEMENT ENTERED INTO PURSUANT TO
THIS SUBDIVISION SHALL PROVIDE FOR THE FOLLOWING: THE  SCOPE  OF  DESIGN
AND  CONSTRUCTION  MANAGEMENT  SERVICES TO BE PROVIDED BY THE AUTHORITY,
THE MANNER IN WHICH THOSE SERVICES WILL BE  PROVIDED,  THE  FEES  TO  BE
CHARGED  BY  THE AUTHORITY AND THE SOURCES OF FUNDS FOR THE PROJECTS. NO
DESIGN-BUILD CONTRACT AS DEFINED IN CHAPTER FIFTY-SIX OF THE LAWS OF TWO
THOUSAND ELEVEN SHALL BE AWARDED PURSUANT TO THIS SUBDIVISION.
  27. TO ENTER INTO A DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT  WITH
THE  OFFICE  OF PARKS, RECREATION AND HISTORIC PRESERVATION, PURSUANT TO
WHICH ONE OR MORE FACILITIES ARE TO  BE  DESIGNED,  CONSTRUCTED,  RECON-
STRUCTED,  REHABILITATED,  IMPROVED,  FURNISHED  OR  EQUIPPED  FOR  SUCH
OFFICE. ANY SUCH DESIGN AND CONSTRUCTION  MANAGEMENT  AGREEMENT  ENTERED
INTO  PURSUANT  TO THIS SUBDIVISION SHALL PROVIDE FOR THE FOLLOWING: THE
SCOPE OF DESIGN AND CONSTRUCTION MANAGEMENT SERVICES TO BE  PROVIDED  BY
THE  AUTHORITY, THE MANNER IN WHICH THOSE SERVICES WILL BE PROVIDED, THE
FEES TO BE CHARGED BY THE AUTHORITY AND THE SOURCES  OF  FUNDS  FOR  THE
PROJECTS.  NO  DESIGN-BUILD  CONTRACT AS DEFINED IN CHAPTER FIFTY-SIX OF
THE LAWS OF TWO THOUSAND ELEVEN SHALL BE AWARDED PURSUANT TO THIS SUBDI-
VISION.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, 2013.

S. 6258--D                         45                         A. 9058--D

                                 PART CC
                          Intentionally omitted

                                 PART DD

  Section  1.  Subdivision  4  of section 1896 of the public authorities
law, as added by chapter 388 of the laws of 2011, is amended and  a  new
subdivision 5 is added to read as follows:
  4.  [(a)]  Qualified  energy  efficiency  services  [repaid through an
on-bill recovery mechanism] THAT HAVE BEEN PAID FOR IN WHOLE OR IN  PART
WITH  THE  PROCEEDS  OF  A  LOAN  UNDER THIS TITLE shall be considered a
special energy project pursuant to section eighteen hundred fifty-one of
this article. [The  New  York  state  energy  research  and  development
authority  shall  secure every loan issued for such services that are to
be repaid through an on-bill recovery mechanism with a mortgage upon the
real property that is improved by such services. Such mortgage shall  be
recorded  pursuant to section two hundred ninety-one-d of the real prop-
erty law.
  (b) All terms and provisions of a green jobs-green New  York  mortgage
pursuant  to  this  subdivision  shall be subject and subordinate to the
lien of any mortgage or mortgages on such property.  When  a  subsequent
purchaser  of  the  property is granted a mortgage, the green jobs-green
New York mortgage shall be subordinate to the terms of that mortgage.
  (c) The mortgagee shall not retain any right  to  enforce  payment  or
foreclose upon the property.]
  5.  (A)  FOR EACH LOAN ISSUED FOR QUALIFIED ENERGY EFFICIENCY SERVICES
THAT IS TO BE REPAID THROUGH AN ON-BILL RECOVERY MECHANISM, THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL  RECORD,  PURSUANT
TO ARTICLE NINE OF THE REAL PROPERTY LAW, IN THE OFFICE OF THE APPROPRI-
ATE  RECORDING  OFFICER,  A  DECLARATION  WITH  RESPECT  TO THE PROPERTY
IMPROVED BY SUCH SERVICES OF THE EXISTENCE OF THE LOAN AND  STATING  THE
TOTAL  AMOUNT  OF  THE  LOAN, THE TERM OF THE LOAN, AND THAT THE LOAN IS
BEING REPAID THROUGH A CHARGE ON AN ELECTRIC  OR  GAS  METER  ASSOCIATED
WITH  THE PROPERTY. THE DECLARATION SHALL FURTHER STATE THAT IT IS BEING
FILED PURSUANT TO THIS SECTION AND, UNLESS FULLY SATISFIED PRIOR TO SALE
OR TRANSFER OF THE PROPERTY, THE LOAN  REPAYMENT  UTILITY  METER  CHARGE
SHALL  SURVIVE CHANGES IN OWNERSHIP, TENANCY, OR METER ACCOUNT RESPONSI-
BILITY AND, UNTIL FULLY SATISFIED, SHALL CONSTITUTE  THE  OBLIGATION  OF
THE PERSON RESPONSIBLE FOR THE METER ACCOUNT. SUCH DECLARATION SHALL NOT
CONSTITUTE A MORTGAGE AND SHALL NOT CREATE ANY SECURITY INTEREST OR LIEN
ON THE PROPERTY. UPON SATISFACTION OF THE LOAN, THE AUTHORITY SHALL FILE
A DECLARATION OF REPAYMENT PURSUANT TO ARTICLE NINE OF THE REAL PROPERTY
LAW.
  (B)  THE  RECORDING OFFICER SHALL RECORD SUCH DECLARATIONS IN THE SAME
BOOK, PROVIDED UNDER SECTION THREE HUNDRED FIFTEEN OF THE REAL  PROPERTY
LAW, IN WHICH SUCH RECORDING OFFICER RECORDS DEEDS.
  S 2. The real property law is amended by adding a new section 291-j to
read as follows:
  S  291-J.  RECORDING  OF  DECLARATIONS  BY  THE  NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY.  PURSUANT  TO  SUBDIVISION  FIVE  OF
SECTION  EIGHTEEN  HUNDRED NINETY-SIX OF THE PUBLIC AUTHORITIES LAW, THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL RECORD OR
CAUSE TO BE RECORDED, IN THE OFFICE OF THE APPROPRIATE  RECORDING  OFFI-
CER, A DECLARATION EVIDENCING THE EXISTENCE OF A LOAN AS DESCRIBED THER-
EIN  AND,  UPON  SATISFACTION  OF SUCH LOAN, SUCH AUTHORITY SHALL FILE A

S. 6258--D                         46                         A. 9058--D

DECLARATION OF REPAYMENT AND FULL SATISFACTION  OF  THE  LOAN  REPAYMENT
UTILITY  METER  CHARGE. THE RECORDING OFFICER SHALL RECORD SUCH DECLARA-
TIONS IN THE SAME BOOK, PROVIDED UNDER SECTION THREE HUNDRED FIFTEEN  OF
THE REAL PROPERTY LAW, IN WHICH SUCH RECORDING OFFICER RECORDS DEEDS.
  S 3. This act shall take effect immediately.

                                 PART EE

  Section  1.  Subdivision  3  of  section  19-0323 of the environmental
conservation law, as amended by section 1 of part BB of  chapter  60  of
the  laws  of  2011 and the closing paragraph as added by chapter 629 of
the laws of 2006, is amended to read as follows:
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
or on behalf of, or leased by a state  agency  and  state  and  regional
public  authority with more than half of its governing body appointed by
the governor shall utilize the best available  retrofit  technology  for
reducing  the  emission of pollutants. The commissioner shall promulgate
regulations for the implementation of this subdivision  specifying  that
all  vehicles  covered  by  this  subdivision  shall have best available
retrofit technology on or before December 31, [2012] 2013.
  This subdivision shall not apply to any vehicle subject to a lease  or
public  works  contract  entered  into or renewed prior to the effective
date of this section.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after December 31, 2012.

                                 PART FF

  Section  1.  The environmental conservation law is amended by adding a
new section 11-0706 to read as follows:
S 11-0706. GIFT CARDS FOR HUNTING AND FISHING LICENSES.
  1. THE COMMISSIONER IS AUTHORIZED TO  ESTABLISH  GIFT  CARDS  FOR  THE
LICENSES AND STAMPS SET FORTH IN SECTION 11-0701 OF THIS TITLE.
  2.  FOR  THE PURPOSES OF THIS TITLE, THE TERM "GIFT CARD" SHALL MEAN A
RESTRICTED MONETARY EQUIVALENT OR VOUCHER THAT,  WHEN  REDEEMED  BY  THE
HOLDER, ENTITLES SUCH PERSON TO A VALID LICENSE OR STAMP AS SET FORTH IN
SECTION 11-0701 OF THIS TITLE.
  S 2. This act shall take effect immediately.

                                 PART GG

  Section  1.  Short  title. This act shall be known and may be cited as
the "western New York power proceeds allocation act".
  S 2. The economic development law is amended by adding a  new  article
6-A to read as follows:
                                ARTICLE 6-A
             WESTERN NEW YORK POWER PROCEEDS ALLOCATION ACT
SECTION 189-A. DEFINITIONS.
        189-B. THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD.
        189-C. GENERAL POWERS AND DUTIES OF THE BOARD.
        189-D. RULES AND REGULATIONS.
  S  189-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "AUTHORITY" IS THE POWER AUTHORITY OF THE STATE OF NEW YORK.
  2. "BOARD" IS THE WESTERN NEW YORK  POWER  PROCEEDS  ALLOCATION  BOARD
CREATED BY THIS ARTICLE.

S. 6258--D                         47                         A. 9058--D

  3.  "BENEFITS"  OR "FUND BENEFITS" ARE PAYMENTS TO ELIGIBLE APPLICANTS
SELECTED BY THE AUTHORITY FOR THE PURPOSE OF FUNDING  ELIGIBLE  PROJECTS
WITH  MONIES DERIVED FROM NET EARNINGS THAT HAVE BEEN DEPOSITED INTO THE
WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND.
  4.   "ELIGIBLE  APPLICANT"  MEANS  A  PRIVATE  BUSINESS,  INCLUDING  A
NOT-FOR-PROFIT CORPORATION.
  5. "ELIGIBLE PROJECTS" ARE ECONOMIC DEVELOPMENT PROJECTS  BY  ELIGIBLE
APPLICANTS  THAT  ARE  PHYSICALLY  LOCATED  WITHIN THE STATE OF NEW YORK
WITHIN A THIRTY MILE RADIUS OF THE  NIAGARA  POWER  PROJECT  LOCATED  IN
LEWISTON, NEW YORK THAT WILL SUPPORT THE GROWTH OF BUSINESS IN THE STATE
AND THEREBY LEAD TO THE CREATION OR MAINTENANCE OF JOBS AND TAX REVENUES
FOR THE STATE AND LOCAL GOVERNMENTS. ELIGIBLE PROJECTS MAY INCLUDE CAPI-
TAL  INVESTMENTS  IN BUILDINGS, EQUIPMENT, AND ASSOCIATED INFRASTRUCTURE
(COLLECTIVELY, "INFRASTRUCTURE") OWNED BY AN ELIGIBLE APPLICANT FOR FUND
BENEFITS; TRANSPORTATION PROJECTS  UNDER  STATE  OR  FEDERALLY  APPROVED
PLANS;  THE  ACQUISITION OF LAND NEEDED FOR INFRASTRUCTURE; RESEARCH AND
DEVELOPMENT WHERE THE RESULTS OF  SUCH  RESEARCH  AND  DEVELOPMENT  WILL
DIRECTLY  BENEFIT  NEW YORK STATE; SUPPORT FOR TOURISM AND MARKETING AND
ADVERTISING EFFORTS FOR WESTERN NEW YORK STATE TOURISM AND BUSINESS; AND
ENERGY-RELATED PROJECTS.   ELIGIBLE PROJECTS DO NOT  INCLUDE,  AND  FUND
BENEFITS  MAY  NOT BE USED FOR, PUBLIC INTEREST ADVERTISING OR ADVOCACY;
LOBBYING; THE SUPPORT OR OPPOSITION OF ANY CANDIDATE FOR PUBLIC  OFFICE;
THE  SUPPORT  OR  OPPOSITION  TO ANY PUBLIC ISSUE; LEGAL FEES RELATED TO
LITIGATION OF ANY KIND; EXPENSES RELATED TO  ADMINISTRATIVE  PROCEEDINGS
BEFORE  STATE  OR LOCAL AGENCIES; OR RETAIL BUSINESSES AS DEFINED BY THE
BOARD, INCLUDING WITHOUT LIMITATION, SPORTS VENUES, GAMING AND  GAMBLING
OR  ENTERTAINMENT-RELATED  ESTABLISHMENTS,  RESIDENTIAL  PROPERTIES,  OR
PLACES OF OVERNIGHT ACCOMMODATION.
  6. "ENERGY-RELATED PROJECTS, PROGRAMS AND  SERVICES"  SHALL  HAVE  THE
SAME  MEANING  AS  SUCH TERM IS DEFINED IN SUBPARAGRAPH TWO OF PARAGRAPH
(B) OF SUBDIVISION SEVENTEEN OF SECTION ONE THOUSAND FIVE OF THE  PUBLIC
AUTHORITIES LAW.
  7.  "EXPANSION  POWER"  IS  THE  TWO  HUNDRED  FIFTY MEGAWATTS OF FIRM
NIAGARA PROJECT HYDROELECTRIC POWER AND "REPLACEMENT POWER" IS THE  FOUR
HUNDRED FORTY-FIVE MEGAWATTS OF FIRM NIAGARA PROJECT HYDROELECTRIC POWER
AS  SUCH  TERMS ARE DEFINED IN SUBDIVISION THIRTEEN OF SECTION ONE THOU-
SAND FIVE OF THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF  THIS  ARTICLE,
"EXPANSION  AND REPLACEMENT POWER" MEANS THE ENERGY ASSOCIATED WITH SUCH
POWER. NOTWITHSTANDING ANY LAW,  RULE,  REGULATION,  OR  POLICY  TO  THE
CONTRARY,  AS  OF  THE  FIRST DAY OF JULY, TWO THOUSAND TWELVE, THE TERM
REPLACEMENT POWER AS USED IN THIS ARTICLE  INCLUDES  A  CERTAIN  SEVENTY
MEGAWATTS  OF  POWER  THAT  IS  REFERRED  TO  IN SUBDIVISION THIRTEEN OF
SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW.
  8. "NET EARNINGS" IS THE AGGREGATE EXCESS OF REVENUES RECEIVED BY  THE
POWER  AUTHORITY OF THE STATE OF NEW YORK FROM THE SALE OF EXPANSION AND
REPLACEMENT POWER AND ENERGY PRODUCED AT THE NIAGARA  PROJECT  THAT  WAS
SOLD  IN  THE WHOLESALE ENERGY MARKET OVER WHAT REVENUES WOULD HAVE BEEN
RECEIVED HAD SUCH ENERGY BEEN SOLD ON A FIRM BASIS TO AN ELIGIBLE EXPAN-
SION OR REPLACEMENT  POWER  CUSTOMER  UNDER  THE  APPLICABLE  TARIFF  OR
CONTRACT.
  9. "WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND" OR "FUND" IS A FUND OF
THE AUTHORITY INTO WHICH ALL NET EARNINGS ARE DEPOSITED BY THE AUTHORITY
IN  ACCORDANCE  WITH  SUBDIVISION TWENTY OF SECTION ONE THOUSAND FIVE OF
THE PUBLIC AUTHORITIES LAW AND FROM WHICH ALLOCATIONS OF  FUND  BENEFITS
TO ELIGIBLE PROJECTS MAY BE MADE.

S. 6258--D                         48                         A. 9058--D

  S  189-B.  THE  WESTERN  NEW  YORK POWER PROCEEDS ALLOCATION BOARD. 1.
THERE IS HEREBY CREATED THE WESTERN NEW YORK POWER  PROCEEDS  ALLOCATION
BOARD,  WHICH  SHALL POSSESS THE POWERS AND DUTIES HEREIN SPECIFIED. THE
BOARD SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVER-
NOR  AS  FOLLOWS: ONE OF WHOM SHALL BE APPOINTED UPON THE RECOMMENDATION
OF THE TEMPORARY PRESIDENT OF THE SENATE AND  SHALL  RESIDE  WITHIN  THE
THIRTY  MILE  RADIUS  OF THE NIAGARA POWER PROJECT, ONE OF WHOM SHALL BE
APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER  OF  THE  ASSEMBLY  AND
SHALL RESIDE WITHIN THE THIRTY MILE RADIUS OF THE NIAGARA POWER PROJECT,
AND  AT  LEAST  ONE  ADDITIONAL  MEMBER WHO SHALL ALSO RESIDE WITHIN THE
THIRTY MILE RADIUS OF THE NIAGARA  POWER  PROJECT.  THE  GOVERNOR  SHALL
DESIGNATE A CHAIR FROM AMONGST THE BOARD'S MEMBERS.
  2.  EACH  MEMBER SHALL SERVE A TERM OF FIVE YEARS OR UNTIL A SUCCESSOR
SHALL HAVE BEEN NAMED AND  QUALIFIED.  MEMBERS  MAY  BE  REAPPOINTED  TO
SUCCESSIVE TERMS.
  3.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THREE
MEMBERS SHALL CONSTITUTE A QUORUM FOR THE  PURPOSES  OF  ORGANIZING  THE
BOARD AND CONDUCTING THE BUSINESS THEREOF. NO ACTION OF THE BOARD MAY BE
TAKEN  EXCEPT  UPON  AN AFFIRMATIVE VOTE OF AT LEAST THREE-FIFTHS OF THE
FULL BOARD MEMBERSHIP AT ANY MEETING AT WHICH AT LEAST THREE MEMBERS ARE
PRESENT OR PARTICIPATING BY VIDEOCONFERENCING. VIDEOCONFERENCING MAY  BE
USED FOR ATTENDANCE AND PARTICIPATION BY MEMBERS OF THE BOARD. IF VIDEO-
CONFERENCING  IS  USED,  THE  BOARD SHALL PROVIDE AN OPPORTUNITY FOR THE
PUBLIC TO ATTEND, LISTEN AND OBSERVE AT  ANY  SITE  AT  WHICH  A  MEMBER
PARTICIPATES. THE PUBLIC NOTICE FOR THE MEETING SHALL IDENTIFY, IF PRAC-
TICABLE, ALL LOCATIONS WHERE A MEMBER WILL PARTICIPATE IN THE MEETING BY
VIDEOCONFERENCE  AND SHALL STATE THAT THE PUBLIC HAS THE RIGHT TO ATTEND
THE MEETING AT ANY SUCH LOCATION.
  4. MEMBERS OF THE BOARD, EXCEPT THOSE THAT ARE EMPLOYEES  OR  OFFICERS
OF THE STATE, ITS AUTHORITIES OR AGENCIES, SHALL NOT RECEIVE A SALARY OR
OTHER  COMPENSATION,  BUT  SHALL  BE  ALLOWED  THE  NECESSARY AND ACTUAL
EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS ARTICLE.
  S 189-C. GENERAL POWERS AND DUTIES OF THE BOARD. 1.  THE  BOARD  SHALL
ESTABLISH  PROCEDURES  AND  GUIDELINES RELATING TO THE ACTIVITIES OF THE
BOARD.
  2. THE BOARD SHALL ESTABLISH PROCEDURES THROUGH  WRITTEN  POLICIES  OR
STANDARDS  FOR REVIEWING APPLICATIONS FOR AN ALLOCATION OF FUND BENEFITS
THAT SHALL INCLUDE A REVIEW OF  APPLICATIONS  NO  LESS  FREQUENTLY  THAN
TWICE  EACH  YEAR. THE BOARD, OR A MEMBER DESIGNATED BY THE BOARD, SHALL
RECEIVE ALL APPLICATIONS FROM, OR ON BEHALF OF, ELIGIBLE APPLICANTS  FOR
FUND BENEFITS. APPLICATIONS SHALL BE IN A FORM AND CONTAIN SUCH INFORMA-
TION,  DATA AND EXHIBITS AS THE BOARD, IN CONSULTATION WITH THE AUTHORI-
TY, MAY PRESCRIBE.
  3. THE BOARD MAY REQUEST FROM THE AUTHORITY AN ANALYSIS OF ANY  APPLI-
CATION  ALONG WITH ANY RECOMMENDATIONS. IN ADDITION, THE AUTHORITY SHALL
SUPPLY ANY SUCH ADDITIONAL INFORMATION AS IS  REASONABLY  NECESSARY  FOR
THE BOARD TO PERFORM ITS DUTIES.
  4.  IN  REVIEWING  APPLICATIONS FOR FUND BENEFITS, THE BOARD SHALL USE
THE CRITERIA FOR ELIGIBILITY FOR EXPANSION, REPLACEMENT AND PRESERVATION
POWER AND FOR REVITALIZATION OF INDUSTRY  AS  PROVIDED  IN  SECTION  ONE
THOUSAND  FIVE  OF  THE  PUBLIC  AUTHORITIES LAW. IN ADDITION, THE BOARD
SHALL CONSIDER THE EXTENT TO WHICH AN AWARD OF FUND BENEFITS IS CONSIST-
ENT WITH ANY REGIONAL ECONOMIC DEVELOPMENT COUNCIL STRATEGIES AND PRIOR-
ITIES HAVING RESPONSIBILITY FOR THE REGION IN WHICH THE ELIGIBLE PROJECT
IS LOCATED. THE BOARD SHALL ISSUE A WRITTEN STATEMENT  OF  ITS  FINDINGS
AND RECOMMENDATIONS FOR EACH APPLICATION REVIEWED.

S. 6258--D                         49                         A. 9058--D

  5.  THE  BOARD SHALL RECOMMEND TO THE AUTHORITY THE ALLOCATION OF FUND
BENEFITS TO ELIGIBLE PROJECTS THAT THE BOARD FINDS ARE  CONSISTENT  WITH
THE  APPLICABLE  CRITERIA IN SUBDIVISION FOUR OF THIS SECTION. THE BOARD
MAY INCLUDE WITHIN ITS RECOMMENDATIONS SUCH RECOMMENDED TERMS AND CONDI-
TIONS AS IT DEEMS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, REASONABLE
PROVISION  FOR THE ALLOCATION OF FUND BENEFITS OVER TIME AS THE ELIGIBLE
APPLICANT ACHIEVES MILESTONES TOWARDS PROJECT COMPLETION, THE PARTIAL OR
COMPLETE WITHDRAWAL OR RETURN OF FUND BENEFITS WHERE THE  RECIPIENT  HAS
FAILED  TO ACHIEVE OR MAINTAIN MUTUALLY AGREED UPON COMMITMENTS, OR SUCH
OTHER TERMS AND CONDITIONS AS THE BOARD DEEMS ADVISABLE. THE BOARD SHALL
NOT RECOMMEND AN ALLOCATION  OF  FUND  BENEFITS  PRIOR  TO  ESTABLISHING
PROCEDURES  FOR  REVIEWING  APPLICATIONS  PURSUANT TO SUBDIVISION TWO OF
THIS SECTION.
  6. A RECOMMENDATION BY THE BOARD THAT AN ELIGIBLE APPLICANT RECEIVE AN
ALLOCATION OF FUND BENEFITS SHALL BE A PREREQUISITE TO AN AWARD OF  FUND
BENEFITS BY THE AUTHORITY. THE AUTHORITY SHALL AWARD FUND BENEFITS TO AN
APPLICANT  UPON  A  RECOMMENDATION OF THE BOARD; PROVIDED, HOWEVER, THAT
UPON A SHOWING OF GOOD CAUSE, THE AUTHORITY SHALL HAVE DISCRETION AS  TO
WHETHER  TO  ADOPT THE BOARD'S RECOMMENDATION, OR TO AWARD BENEFITS IN A
DIFFERENT AMOUNT  OR  ON  DIFFERENT  TERMS  AND  CONDITIONS  THAN  THOSE
CONTAINED IN THE RECOMMENDATION OF THE BOARD.  ALLOCATIONS OF FUND BENE-
FITS  SHALL  ONLY  BE  MADE  ON THE BASIS OF NET EARNINGS THAT HAVE BEEN
DEPOSITED IN THE WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND. NO AWARD OF
FUND BENEFITS SHALL ENCUMBER FUTURE NET EARNINGS OR  NET  EARNINGS  THAT
HAVE  BEEN  RECEIVED  BUT NOT DEPOSITED IN THE WESTERN NEW YORK ECONOMIC
DEVELOPMENT FUND.
  7. UPON MAKING AN ALLOCATION OF FUND  BENEFITS,  THE  AUTHORITY  SHALL
INCLUDE  WITHIN  THE  AGREEMENT  PROVIDING  FOR THE TERMS AND CONDITIONS
APPLICABLE TO SUCH ALLOCATION ALL TERMS  AND  CONDITIONS  THE  AUTHORITY
DEEMS  APPROPRIATE,  TAKING INTO ACCOUNT THE RECOMMENDATIONS MADE BY THE
BOARD.
  S 189-D. RULES AND REGULATIONS. THE AUTHORITY IS HEREBY AUTHORIZED  TO
PROMULGATE  SUCH  RULES AND REGULATIONS AS IT DEEMS NECESSARY TO FULFILL
THE PURPOSES OF THIS ARTICLE.
  S 3. Section 1005 of the public authorities law is amended  by  adding
five new subdivisions 19, 20, 21, 22 and 23 to read as follows:
  19.  TO  COOPERATE WITH THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD AND PROVIDE THE BOARD WITH SUCH INFORMATION AND ASSISTANCE AS  THE
BOARD REASONABLY REQUESTS, INCLUDING REASONABLE STAFF SERVICES, ACCOUNT-
ING,  CLERICAL  AND  SECRETARIAL ASSISTANCE, OFFICE SPACE, AND EQUIPMENT
REASONABLY REQUESTED BY THE WESTERN NEW YORK POWER  PROCEEDS  ALLOCATION
BOARD TO FULFILL ITS DUTIES.
  20.  TO  ESTABLISH  AN  ACCOUNT  TO  BE  KNOWN AS THE WESTERN NEW YORK
ECONOMIC DEVELOPMENT FUND, WHICH SHALL  CONSIST  OF  "NET  EARNINGS"  AS
DEFINED  IN  ARTICLE SIX-A OF THE ECONOMIC DEVELOPMENT LAW, DEPOSITED IN
SUCH AMOUNTS AS DETERMINED TO BE FEASIBLE AND ADVISABLE BY THE TRUSTEES.
SUCH EARNINGS SHALL BE DEPOSITED NO LESS FREQUENTLY THAN QUARTERLY.  THE
FIRST  DEPOSIT  INTO THE FUND SHALL BE MADE NINETY DAYS AFTER THE EFFEC-
TIVE DATE OF THIS SUBDIVISION, AND SHALL INCLUDE ALL SUCH  NET  EARNINGS
ACCRUED  SINCE  THE EFFECTIVE DATE OF CHAPTER FOUR HUNDRED THIRTY-SIX OF
THE LAWS OF TWO THOUSAND TEN. AT LEAST FIFTEEN  PERCENT  OF  SUCH  FUNDS
SHALL  BE  DEDICATED  TOWARDS ELIGIBLE PROJECTS WHICH ARE ENERGY-RELATED
PROJECTS, PROGRAMS AND SERVICES AS SUCH TERM IS DEFINED IN  SUBPARAGRAPH
TWO OF PARAGRAPH (B) OF SUBDIVISION SEVENTEEN OF THIS SECTION.  IN ADDI-
TION  TO  FUNDING  ELIGIBLE PROJECTS, AS DEFINED IN ARTICLE SIX-A OF THE
ECONOMIC DEVELOPMENT LAW, THE AUTHORITY MAY USE WESTERN NEW YORK ECONOM-

S. 6258--D                         50                         A. 9058--D

IC DEVELOPMENT FUND MONIES TO COVER REASONABLE COSTS AND EXPENSES OF THE
AUTHORITY RELATED TO THE MANAGEMENT AND ADMINISTRATION  OF  THE  WESTERN
NEW  YORK  POWER PROCEEDS ALLOCATION PROGRAM CREATED BY ARTICLE SIX-A OF
THE ECONOMIC DEVELOPMENT LAW.
  21. THE AUTHORITY MAY, IN ITS DISCRETION, CONSULT WITH THE WESTERN NEW
YORK POWER PROCEEDS ALLOCATION BOARD IN THE APPLICATION PROCESS RELATING
TO THE ALLOCATION OF EXPANSION POWER AND REPLACEMENT POWER.
  22. THE AUTHORITY SHALL ESTABLISH PROCESSES FOR APPLICATION REVIEW AND
ALLOCATION OF FUND BENEFITS PROVIDED FOR IN ARTICLE SIX-A OF THE ECONOM-
IC DEVELOPMENT LAW.
  23. THE AUTHORITY SHALL INCLUDE IN THE ANNUAL REPORT PREPARED PURSUANT
TO  SUBDIVISION  EIGHTEEN OF THIS SECTION, AN ACCOUNTING FOR THE SUBJECT
YEAR THAT PROVIDES (A) THE AMOUNT OF  EXPANSION  POWER  AND  REPLACEMENT
POWER  SOLD  INTO THE WHOLESALE MARKET BY THE AUTHORITY, AND (B) THE NET
EARNINGS, AS SUCH TERM IS DEFINED IN SECTION ONE  HUNDRED  EIGHTY-NINE-A
OF THE ECONOMIC DEVELOPMENT LAW, PAID INTO THE WESTERN NEW YORK ECONOMIC
DEVELOPMENT FUND.
  S  4.  Chapter 436 of the laws of 2010 amending the public authorities
law and the economic development law, relating  to  authorizing  unallo-
cated  expansion  or  replacement  power to be allocated for western New
York economic development fund benefits, is REPEALED.
  S 5. This act shall take effect immediately.

                                 PART HH

  Section 1. The state finance law is amended by adding  a  new  article
5-E to read as follows:
                               ARTICLE 5-E
                        INFRASTRUCTURE INVESTMENT
SECTION 69-I. THE NEW YORK WORKS TASK FORCE.
        69-J. THE NEW YORK WORKS TASK FORCE; GOVERNANCE.
        69-K. THE NEW YORK WORKS TASK FORCE; EXECUTIVE DIRECTOR, EMPLOY-
                EES.
        69-L. THE NEW YORK WORKS TASK FORCE; CODE OF CONDUCT.
  S  69-I.  THE NEW YORK WORKS TASK FORCE.  1. THERE SHALL BE A NEW YORK
WORKS TASK FORCE THAT WILL ADVISE ON COORDINATING THE CAPITAL  PLANS  OF
NEW YORK STATE AGENCIES AND AUTHORITIES, INCLUDING LEVERAGING AND ACCEL-
ERATING  FUNDING STREAMS AND FINANCING MECHANISMS TO ENHANCE INFRASTRUC-
TURE INVESTMENT THROUGHOUT NEW YORK STATE.
  2. THE NEW YORK WORKS TASK FORCE SHALL:
  (A) DEVELOP A COORDINATED  CAPITAL  INFRASTRUCTURE  PLAN  AMONG  STATE
AGENCIES  AND  AUTHORITIES.  THE  PLAN  SHALL FOCUS ON THE EFFICIENT AND
ACCELERATED DEPLOYMENT OF  RESOURCES  TO  MEET  REGIONAL  AND  STATEWIDE
INFRASTRUCTURE  NEEDS AND SHALL CONSIDER THE EXTENT TO WHICH THE PLAN IS
CONSISTENT WITH THE REGIONAL ECONOMIC DEVELOPMENT  PLANS  DESIGNATED  BY
THE CHAIR OF THE URBAN DEVELOPMENT CORPORATION;
  (B)  RECOMMEND  PRIORITIZATION  OF CAPITAL INFRASTRUCTURE PROJECTS AND
THE ALLOCATION OF CAPITAL RESOURCES;
  (C) MAKE RECOMMENDATIONS ON  FACILITATING  THE  EXPEDITING  OF  PERMIT
APPROVALS,  REGULATORY  APPROVALS,  AND OTHER STATE ACTIONS NECESSARY TO
ADVANCE PRIORITY INFRASTRUCTURE PROJECTS;
  (D) RECOMMEND FINANCING OPTIONS FOR INFRASTRUCTURE PROJECTS  INCLUDING
BUT  NOT  LIMITED  TO  STATE  SUPPORTED  DEBT, FEDERAL FUNDING AND OTHER
FINANCE VEHICLES; AND
  (E) ADVISE STATE AGENCIES AND AUTHORITIES ON THE  USE  OF  METHODS  OF
PROCUREMENT AND CONTRACTING.

S. 6258--D                         51                         A. 9058--D

  3.  THE  DEPARTMENT OF TRANSPORTATION SHALL PROVIDE A TWO-YEAR CAPITAL
PLAN FOR THE YEARS TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND  TWO
THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN TO THE NEW YORK WORKS TASK FORCE
FOR  ITS  ADVICE  AND RECOMMENDATIONS TO COORDINATE AND ADDRESS REGIONAL
TRANSPORTATION NEEDS.
  4.  THE  NEW  YORK  WORKS  TASK  FORCE SHALL PRODUCE AN INFRASTRUCTURE
REPORT INCLUDING THE CAPITAL PLAN SUBMITTED TO IT PURSUANT  TO  SUBDIVI-
SION  THREE  OF THIS SECTION TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY,  MINORITY  LEADER  OF  THE  SENATE  AND
MINORITY LEADER OF THE ASSEMBLY ANNUALLY ON SEPTEMBER FIRST.
  S  69-J.  THE  NEW YORK WORKS TASK FORCE; GOVERNANCE.  1. THE NEW YORK
WORKS TASK FORCE SHALL CONSIST OF FIFTEEN MEMBERS, EACH OF WHOM SHALL BE
APPOINTED BY THE GOVERNOR AND TWO OF WHOM SHALL BE APPOINTED UPON RECOM-
MENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE, TWO OF WHOM SHALL BE
APPOINTED UPON RECOMMENDATION OF THE SPEAKER OF  THE  ASSEMBLY,  ONE  OF
WHOM  SHALL  BE APPOINTED UPON THE RECOMMENDATION OF THE MINORITY LEADER
OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED UPON THE RECOMMENDATION
OF THE MINORITY LEADER OF THE ASSEMBLY. AT  LEAST  ONE  OF  THE  MEMBERS
APPOINTED  BY  THE GOVERNOR SHALL REPRESENT ORGANIZED LABOR. THE MEMBERS
APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE MINORITY LEADER
OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY SHALL BE  NON-VOT-
ING  MEMBERS.  EACH  PERSON  APPOINTED  TO THE NEW YORK WORKS TASK FORCE
SHALL HAVE PROFESSIONAL EXPERIENCE IN ANY ONE OR MORE OF  THE  FOLLOWING
AREAS:   (A)  THE  DEVELOPMENT,  CONSTRUCTION,  OWNERSHIP,  MAINTENANCE,
MANAGEMENT OR FINANCE OF INFRASTRUCTURE ASSETS; (B) ECONOMIC DEVELOPMENT
OR PROJECT DEVELOPMENT OR FINANCE; OR (C) LABOR RELATIONS.
  2. THE NEW YORK WORKS TASK FORCE  SHALL  ESTABLISH  AN  IMPLEMENTATION
COUNCIL  COMPRISED  OF:  THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE
COMMISSIONERS OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT, THE  DEPARTMENT
OF  TRANSPORTATION,  THE  OFFICE  OF GENERAL SERVICES, THE DEPARTMENT OF
LABOR, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND  THE  OFFICE  OF
PARKS, RECREATION AND HISTORIC PRESERVATION, THE SECRETARY OF STATE, THE
CHANCELLORS  OF THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY
OF NEW YORK, THE PRESIDENT AND CHIEF EXECUTIVE OFFICER OF  THE  ENVIRON-
MENTAL FACILITIES CORPORATION, AND THE EXECUTIVE DIRECTORS OF THE DORMI-
TORY  AUTHORITY  OF THE STATE OF NEW YORK, THE NEW YORK POWER AUTHORITY,
THE LONG ISLAND POWER AUTHORITY, THE NEW YORK STATE ENERGY RESEARCH  AND
DEVELOPMENT  AUTHORITY,  THE NEW YORK STATE BRIDGE AUTHORITY, THE METRO-
POLITAN TRANSPORTATION AUTHORITY, THE NEW YORK STATE  THRUWAY  AUTHORITY
AND THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE DIRECTOR OF STATE
OPERATIONS  AND  SUCH  OTHER MEMBERS AS THE NEW YORK WORKS TASK FORCE OR
THE GOVERNOR MAY DETERMINE SHALL FACILITATE THE PURPOSES OF THE NEW YORK
WORKS TASK FORCE.  EACH MEMBER OF THE IMPLEMENTATION COUNCIL MAY  DESIG-
NATE  AN  INDIVIDUAL  TO  ATTEND  AND PARTICIPATE IN NEW YORK WORKS TASK
FORCE MEETINGS AND DELIBERATIONS ON HIS OR HER BEHALF.
  3. UPON RECOMMENDATION OF  THE  NOMINATING  PARTY,  THE  GOVERNOR  MAY
REPLACE ANY MEMBER IN ACCORDANCE WITH THE PROVISION CONTAINED HEREIN FOR
THE  APPOINTMENT  OF  MEMBERS. VACANCIES OCCURRING IN THE NEW YORK WORKS
TASK FORCE SHALL BE FILLED  BY  USING  THE  SAME  APPOINTMENT  PROCEDURE
ESTABLISHED HEREIN.
  4.  NO  OFFICER OR EMPLOYEE OF THE STATE, OF ANY POLITICAL SUBDIVISION
OF THE STATE, OF ANY GOVERNMENTAL ENTITY OPERATING ANY PUBLIC SCHOOL  OR
COLLEGE  OR  OF  ANY  OTHER  PUBLIC AGENCY OR INSTRUMENTALITY OR UNIT OF
GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWERS UNDER  THE  LAWS  OF  THE
STATE,  SHALL  FORFEIT SUCH OFFICE OR EMPLOYMENT BY REASON OF ACCEPTANCE
OF APPOINTMENT AS A MEMBER OF THE NEW YORK WORKS TASK FORCE;  NOR  SHALL

S. 6258--D                         52                         A. 9058--D

SERVICE  AS  SUCH  MEMBER, REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT OF
THE NEW YORK WORKS TASK FORCE BE DEEMED INCOMPATIBLE OR IN CONFLICT WITH
SUCH OFFICE OR EMPLOYMENT.
  5. NEW YORK WORKS TASK FORCE MEMBERS SHALL RECEIVE NO REMUNERATION FOR
THEIR  SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN THE  PERFORMANCE  OF  THEIR  DUTIES  PROVIDED,
HOWEVER,  THAT  SUCH MEMBERS ARE NOT, AT THE SAME TIME SUCH EXPENSES ARE
INCURRED, PUBLIC EMPLOYEES OTHERWISE ENTITLED TO SUCH REIMBURSEMENT.
  6. THE NEW YORK WORKS TASK FORCE MAY  CREATE  SUCH  COMMITTEES  AS  IT
DEEMS  NECESSARY.  THE  FIRST  MEETING  OF THE NEW YORK WORKS TASK FORCE
SHALL BE HELD  WITHIN  THIRTY  DAYS  AFTER  ALL  MEMBERS  ARE  INITIALLY
APPOINTED.  AT THE FIRST MEETING OF THE NEW YORK WORKS TASK FORCE AND AT
THE FIRST MEETING IN EACH SUBSEQUENT YEAR, THE NEW YORK WORKS TASK FORCE
SHALL ELECT FROM AMONG ITS MEMBERS A CHAIR  AND  A  SECRETARY  AND  SUCH
OTHER OFFICERS AS IT SHALL DEEM NECESSARY. THE NEW YORK WORKS TASK FORCE
OR  ANY COMMITTEE THEREOF MAY HOLD MEETINGS BY ELECTRONIC MEANS CONSIST-
ENT WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  S 69-K. THE NEW YORK WORKS TASK FORCE; EXECUTIVE DIRECTOR,  EMPLOYEES.
THE GOVERNOR MAY DESIGNATE AN INDIVIDUAL TO ACT AS EXECUTIVE DIRECTOR OF
THE  NEW  YORK  WORKS  TASK  FORCE AND MAY ASSIGN FROM TIME TO TIME SUCH
OTHER EMPLOYEES AS THE NEW YORK WORKS TASK FORCE MAY REQUIRE.
  S 69-L. THE NEW YORK WORKS TASK FORCE; CODE OF CONDUCT. THE  NEW  YORK
WORKS  TASK  FORCE  SHALL  ESTABLISH  A  CODE OF CONDUCT CONSISTENT WITH
SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW AND WHICH  SHALL,  AMONG
OTHER  THINGS,  ADDRESS  POTENTIAL CONFLICTS OF INTEREST AND PROVIDE FOR
PERIODS OF DISQUALIFICATION, CONSISTENT WITH  THOSE  PERIODS  PRESCRIBED
UNDER  SECTION  SEVENTY-THREE  OF  THE PUBLIC OFFICERS LAW, DURING WHICH
MEMBERS OF THE NEW YORK WORKS TASK  FORCE  MAY  NOT  ENGAGE  IN  CERTAIN
ACTIVITIES RELATED TO MATTERS BEFORE IT.
  S 2. This act shall take effect immediately.

                                 PART II

  Section  1.  The  racing,  pari-mutuel  wagering  and  breeding law is
amended by adding a new section 911 to read as follows:
  S 911. ADVANCE DEPOSIT WAGERING. THE RACING AND WAGERING  BOARD  SHALL
STUDY  THE  IMPACT  OF  ADVANCE  DEPOSIT  WAGERING  ON  HORSE RACING AND
PARI-MUTUEL HANDLE IN NEW YORK STATE. THE STUDY SHALL INCLUDE BUT NOT BE
LIMITED TO THE IMPACT OF OUT-OF-STATE ENTITIES ACCEPTING WAGERS FROM NEW
YORK STATE RESIDENTS, THE ANNUAL DOLLAR AMOUNT WAGERED BY NEW YORK STATE
RESIDENTS THROUGH OUT-OF-STATE ADVANCE DEPOSIT  WAGERING  ACCOUNTS,  THE
NUMBER  OF  OUT-OF-STATE  ADVANCE  DEPOSIT WAGERING ACCOUNTS HELD BY NEW
YORK STATE RESIDENTS, AND INFORMATION CONCERNING NEW  YORK  STATE  RESI-
DENTS  WHO  UTILIZE  OUT-OF-STATE  ADVANCE  DEPOSIT  WAGERING  ACCOUNTS,
INCLUDING, BUT NOT LIMITED TO, RESIDENCY. THE RACING AND WAGERING  BOARD
SHALL SUBMIT THE STUDY, TOGETHER WITH ANY RECOMMENDATIONS, TO THE GOVER-
NOR  AND  LEGISLATURE  NO  LATER  THAN SEPTEMBER FIFTEENTH, TWO THOUSAND
TWELVE.
  S 2. The racing, pari-mutuel wagering and breeding law is  amended  by
adding a new section 503-a to read as follows:
  S  503-A.  ADDITIONAL  POWERS OF THE REGIONAL OFF-TRACK BETTING CORPO-
RATIONS. 1. IN ADDITION TO THE POWERS ENUMERATED IN SECTION FIVE HUNDRED
THREE OF THIS ARTICLE, FINANCIALLY INSOLVENT REGIONAL OFF-TRACK  BETTING
CORPORATIONS, AS DETERMINED BY THE RACING AND WAGERING BOARD UPON REVIEW
OF  CERTIFIED  FINANCIAL  STATEMENTS, ARE HEREBY AUTHORIZED AND MAY FILE
ANY PETITION WITH ANY UNITED STATES DISTRICT COURT OR COURT OF BANKRUPT-

S. 6258--D                         53                         A. 9058--D

CY UNDER ANY PROVISION OF LAWS OF THE UNITED STATES FOR THE  COMPOSITION
OR  ADJUSTMENT  OF  MUNICIPAL INDEBTEDNESS, PROVIDED SUCH CORPORATION IS
AUTHORIZED BY A RESOLUTION ADOPTED BY A MAJORITY  OF  THE  PARTICIPATING
COUNTIES  TO  SUCH REGION, OR, FOR A CORPORATION WHOLLY CONTAINED WITHIN
ONE COUNTY, BY A RESOLUTION ADOPTED BY SUCH COUNTY.   THE PROVISIONS  OF
THIS  SUBDIVISION  SHALL  NOT  APPLY  TO  THE SUFFOLK REGIONAL OFF-TRACK
BETTING CORPORATION UNTIL APRIL FIRST, TWO THOUSAND FOURTEEN.
  2. NOTWITHSTANDING  SUBDIVISION  ONE  OF  THIS  SECTION,  THE  SUFFOLK
REGIONAL OFF-TRACK BETTING CORPORATION IS HEREBY AUTHORIZED AND MAY FILE
ANY PETITION WITH ANY UNITED STATES DISTRICT COURT OR COURT OF BANKRUPT-
CY  UNDER ANY PROVISION OF LAWS OF THE UNITED STATES FOR THE COMPOSITION
OR ADJUSTMENT OF MUNICIPAL INDEBTEDNESS.
  S 3. Notwithstanding any other provision of law or regulation  to  the
contrary, all monies in a capital acquisition fund, established pursuant
to  section  509-a of the racing, pari-mutuel wagering and breeding law,
containing less than two and one-half million dollars as of  the  effec-
tive date of this act shall be available to a regional off-track betting
corporation for any corporate purpose.
  A  regional  off-track betting corporation that chooses to utilize its
capital acquisition fund for corporate purposes shall do so by providing
written notification to the racing and wagering board at  least  fifteen
days  in  advance  of  its  decision  to  utilize  monies  for corporate
purposes. During such time that a regional off-track betting corporation
uses its monies for corporate purposes, it shall not  be  authorized  to
impose the supplemental one per centum surcharge established by subdivi-
sion 3-a of section 532 of the racing, pari-mutuel wagering and breeding
law.
  A regional off-track betting corporation may use its monies for corpo-
rate purposes until all monies in its capital acquisition fund have been
exhausted  or until such time that the corporation elects to discontinue
such corporate use and has notified the racing  and  wagering  board  in
writing  of  its  decision.  The  supplemental  one per centum surcharge
established by subdivision 3-a of section 532 of the racing, pari-mutuel
wagering and breeding law shall only be reinstated one  year  following:
(i) the regional corporation's written notification of discontinuance to
the  racing and wagering board; or (ii) one year following exhaustion of
the capital acquisition fund. Once the supplemental surcharge  has  been
reimposed,  the  capital  acquisition  fund  shall  only be used for the
purposes enumerated within section  509-a  of  the  racing,  pari-mutuel
wagering and breeding law.
  S  4.  This act shall take effect immediately, provided, however, that
the provisions of subdivision two of section five hundred three-a of the
racing, pari-mutuel wagering and breeding law, as added by  section  two
of  this  act,  shall  expire  April  1,  2014  when  upon such date the
provisions of such subdivision shall be deemed repealed.
  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. 6258--D                         54                         A. 9058--D

  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through II of this act shall be
as specifically set forth in the last section of such Parts.

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