senate Bill S6260C

Signed By Governor
2011-2012 Legislative Session

Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2012-2013 state fiscal year

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Archive: Last Bill Status Via A9060 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • 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.60
delivered to governor
Mar 28, 2012 returned to assembly
passed senate
3rd reading cal.473
substituted for s6260c
Mar 28, 2012 substituted by a9060c
ordered to third reading cal.473
Mar 25, 2012 print number 6260c
amend (t) and recommit to finance
Mar 11, 2012 print number 6260b
amend (t) and recommit to finance
Feb 10, 2012 print number 6260a
amend and recommit to finance
Jan 17, 2012 referred to finance

Votes

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Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S6260 - Bill Details

See Assembly Version of this Bill:
A9060C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6260 - Bill Texts

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Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2012-2013 state fiscal year; relates to supervision and regulation of the state gaming industry; relates to the state gaming commission (Part A); relates to transferring Belleayre Mountain ski center from the department of environmental conservation to the Olympic regional development authority (Part C); repeals provisions of law relating to direct marketing advisory councils for regional marketing areas; repeals provisions of law relating to the agricultural transportation review panel; repeals provisions of law relating to the Hudson valley agricultural advisory council; repeals provisions of law relating to the statewide wireless network advisory council; repeals provisions of law relating to the child welfare research advisory panel; repeals provisions of law relating to the boards of visitors; repeals provisions of law relating to the upstate and downstate New York tourism councils; repeals provisions of law relating to the upstate New York tourism council fund; repeals provisions of law relating to removing reference to the upstate and downstate New York tourism councils; repeals provisions of law relating to the solid waste management board; relates to removing reference to the solid waste management board; relates to doing away with a technical advisory committee and the hazardous waste disposal advisory committee; repeals provisions of law relating to the tow truck advisory board; repeals provisions of law relating to the advisory council within the New York state conservation corps; repeals provisions of law relating to the armored car carrier advisory board; relates to removing reference to the armored car carrier advisory board; repeals provisions of law relating to the Long Island Sound coastal advisory commission; repeals provisions of law relating to the barbers board; relates to doing away with the advisory committee on legal advocacy; repeals provisions of law relating to the veterans' hall of fame and the New York state veterans' hall of fame council; repeals provisions of law relating to appeal and review of matters affecting freshwater wetlands; relates to appeal and reviews of matters affecting freshwater wetlands; repeals provisions of law relating to the state environmental board; relates to removing reference to the state environmental board; repeals provisions of law relating to the regional forest practice boards and the state forest practice board; relates to removing reference to the regional forest practice boards; repeals provisions of law relating to the state home inspection council; relates to removing reference to the state home inspection council; repeals provisions of law relating to the advisory committee on the business of installing security or fire alarm systems; repeals provisions of law relating to the organic food advisory committee; repeals provisions of law relating to the New York state veterinary diagnostic laboratory; relates to duties of the New York state veterinary diagnostic laboratory and in relation to the New York state animal health issues committee; repeals provisions of law relating to the surf clam/ocean quahog management advisory board; relates to removing reference to the surf clam/ocean quahog management advisory board; repeals provisions of law relating to the breast and cervical cancer detection and education program advisory council and the ovarian cancer information advisory council; relates to creating the breast, cervical and ovarian cancer detection and education program advisory council; repeals provisions of law relating to the New York statewide law enforcement telecommunications committee (Part D).

view sponsor memo
BILL NUMBER:S6260

TITLE OF BILL:

An act
to amend the racing, pari-mutuel wagering and breeding law, in
relation to supervision and regulation
of the state gaming industry; and to amend the racing, pari-mutuel
wagering and breeding law, the general
municipal law, the executive law and the tax law, in relation to the
state gaming commission; and to repeal
article 1 of the racing, pari-mutuel wagering and breeding law and
sections 1602 and 1603 of the tax law
relating thereto
(Part A);
to amend the civil service law,
in relation to the formation
of the department of workforce
management; and transferring all powers, duties and obligations of
the department of civil service and the office of employee relations to
the department of workforce management; and to repeal certain provisions
of the executive law relating to the office of employee relations
(Part B);
to amend the public authorities law, in relation to an agreement between
the olympic regional development authority and the department of
environmental conservation for the
operation, maintenance and management
of Belleayre mountain ski center
(Part C); and
to repeal section 285-a and subdivision 12 of section 283 of the
agriculture and markets law, relating to direct marketing advisory
councils for regional marketing areas; to repeal section 7 of chapter
654 of the laws of 1994, amending the transportation law and other laws
relating to equipment requirements for registered farm vehicles,
relating to the agricultural transportation review panel; to repeal
section 285-b of the agriculture and markets law, relating to the Hudson
valley agricultural advisory council;
to repeal article 4
of the state technology law, relating to the statewide
wireless network advisory council; to repeal section 372-a of the social
services law, relating to the child welfare research advisory panel; to
amend the public health law, in relation to provision of information
about the abandoned infant protection act; to repeal sections 520 and
521 of the executive law, relating to the boards of visitors; to repeal
article 28 of the executive law and paragraph (p) of subdivision 1 of
section 17 of the public officers law, relating to the upstate and
downstate New York tourism councils; to repeal section 92-y of the state
finance law, relating to the upstate New York tourism council fund; to
amend the highway law and the education law, in relation to removing
reference to the upstate and downstate New York tourism councils; to
repeal section 120 of the economic development law, relating to the

advisory board within the division of minority and women's business
development; to repeal section 27-0702 of the environmental conservation
law, relating to the solid waste management board; to amend the
environmental conservation law and the state finance law, in relation to
removing reference to the solid waste management board;
to amend the public
authorities law, in relation to doing away with a technical advisory
committee and the hazardous waste disposal advisory committee
and to repeal certain provisions of law relating thereto;
to repeal section 216-b of the vehicle and traffic law,
relating to the tow truck advisory board; to
repeal section 191 of the executive law, relating to the temporary
advisory committee on restoration and display of New York state's
military battle flags; to repeal subdivision 9 of section 3.23 of the
parks, recreation and historic preservation law, relating to the
advisory council within the New York state conservation corps; to repeal
section 89-mmm of the general business law, relating to the armored car
carrier advisory board; to amend the executive law and the general
business law, in relation to removing reference to the armored car
carrier advisory board and to repeal certain provisions of the general
business law relating thereto;
to repeal section 923 of the executive law, relating
to the Long Island Sound coastal advisory commission; to repeal
subdivision 14 of section 601 and sections
611 and 612 of the executive
law, relating to the manufactured housing advisory council; to
amend the executive law,
in relation to removing reference to the manufactured housing advisory
council; to repeal section 433-a of the general business law, relating
to the barbers board;
to amend the social services law, in relation to doing away with the
advisory committee on legal advocacy; to repeal subdivisions 8 and 9 of
section 350, subdivision 16 of section 353, and sections 365, 365-a,
365-b, 365-c, 365-d, 365-e, 365-f and 365-g of the executive law,
relating to the veterans' hall of fame and the New York state veterans'
hall of fame council;
to repeal section 154 of the
labor law, relating to the child performer advisory board to prevent
eating disorders;
to repeal title 11 of article 24 of the
environmental conservation law, relating to appeal and review of matters
affecting freshwater wetlands;
to amend the environmental conservation law, in relation to appeal and
reviews of matters affecting freshwater wetlands;
to repeal subdivision 3 of section 1-0303, article 5, section 19-0917 and
subdivision 4 of section 29-0103 of the environmental conservation law,
relating to the state environmental board; to amend the environmental
conservation law, in relation to removing reference to the state
environmental board;
to repeal sections 9-0705,
9-0707, 9-0709 and 9-0711 of the environmental conservation law,
relating to the regional forest practice

boards and the state forest practice board; to amend the
environmental conservation law, in relation to removing reference to the
regional forest practice boards;
to
repeal subdivision 1 of section 444-b of the real property law, relating
to the state home inspection council; to amend the real property law, in
relation to removing reference to the state home inspection council; to
repeal subdivision 6 of section 69-n of the general business law, in
relation to the advisory committee on the business of installing
security or fire alarm systems;
to repeal chapter
868 of the laws of 1976 relating to the organic food advisory committee,
relating thereto; to repeal subdivisions 6, 7, 8, and 9 of section 73-b
of the agriculture and markets law, relating to the New York state
veterinary diagnostic laboratory; to amend the agriculture and markets
law, in relation to duties of the New York state veterinary diagnostic
laboratory and in relation to the New York state animal health issues
committee;
to repeal section 13-0308 of the
environmental conservation law, relating to the surf clam/ocean quahog
management advisory board;
to amend the
environmental conservation law and the state finance law, in relation to
removing reference to the surf clam/ocean quahog management advisory
board;
to amend the public health law, in relation to simplifying committee
structure and increasing effectiveness of emergency medical services; to
repeal sections 3002, 3002-a, 3003-a, 3009 and 3017 of the public health
law, relating to the New York state emergency medical services council,
the state emergency medical advisory committee, EMS program agencies,
continuation of existing services and emergency medical services in
Suffolk county; to amend the public health law, in relation to providing
for the New York state emergency medical services board and regional
boards; to repeal articles 30-B and 30-C of the public health law,
relating to emergency medical,
trauma and disaster care and emergency
medical services for children; to amend the state finance law, in
relation to the New York state emergency medical services training
account;
to amend the administrative code of the city of New York, the
general municipal law, the workers' compensation law, the executive law
and the education law, in relation to making conforming changes thereto;
to repeal section 2407 and subdivision 5 of section 2409 of the public
health law, relating to the breast and cervical cancer detection and
education program advisory council and the ovarian cancer information
advisory council; to amend the public health law, in relation to
creating the breast, cervical and ovarian cancer detection and education
program advisory council;
and
to repeal section
844-a of the executive law, relating to the New York statewide law

enforcement telecommunications committee
(Part D)

PURPOSE:

This bill contains provisions needed to implement the 2012-13
Executive Budget. The bill provides for several State entity mergers
to enhance operational effectiveness and efficiencies.

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

Part A - Merge the Division of the Lottery and the Racing and Wagering
Board into the new New York State Gaming Commission.

Purpose:

This bill would reorganize various State gaming regulatory functions
and consolidate all functions into a single oversight body with broad
regulatory powers.

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

This bill would replace the Racing and Wagering Law's existing Article
1 with a new Article establishing the New York State Gaming
Commission and make conforming changes to Executive Law Article 19-B
(State Bingo Control Commission); General Municipal Law Articles 9-A
(Local Option for Conduct of Games of Chance by Certain
Organizations) and 14-H (Local Option for Conduct of Bingo by Certain
Organizations);
and Tax Law Article 34 (New York State Lottery for Education).
Additionally, an independent N.Y.S. Office of Racing Development and
Promotion would be established
to take over the operational aspects of the New York State
Thoroughbred Breeding and Development Fund, the Agriculture and New
York State Horse Breeding Development Fund, and the New York State
Quarter Horse Breeding and Development Fund.

Under existing law, various State agencies, commissions and public
benefit corporations exercise powers and duties relative to horse
racing and .gaming activity within the State.

The gaming industries constitute a vital sector of New York State's
overall economy and their continued growth would contribute to
economic development and job creation in New York State. At present,
there is no overall coordination of gaming policy and regulation.
Regulation of gaming must be conducted in the most efficient,
transparent and effective manner possible. Consolidation of various
regulatory functions into a single oversight body with broad powers
would increase efficiency, reduce costs and eliminate unnecessary
regulation redundancies.

A robust regulatory structure would ensure all gaming activity
conducted in the State would be of the highest integrity,
credibility, and quality, and that the best interests of the public,
both gaming and non-gaming, would be served.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget as it would promote increased efficiency, cost reduction and
the elimination of unnecessary regulation redundancies.

Effective Date:

This bill would take effect on May 1, 2012.

Part B - Merge the Department of Civil Service and the Office of
Employee Relations into a new Department of Workforce Management.

Purpose:

This bill merges the operations of the Department of Civil Service
(DCS) and the Office of Employee Relations (OER) into a new Department
of Workforce Management (DWM).

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

DCS provides human resource management services to State and local
governments and assists State agencies with personnel recruitment and
placement services, administers tests, oversees job classifications,
and administers benefits. OER works to advance the performance of
State government through collaborative labor relations,
workforce training, education and benefits. This bill consolidates
these two related entities in order to eliminate duplication and
streamline management of the state workforce.

The Civil Service Commission and the Public Employee Relations Board
will continue to function as independent bodies. The Civil Service
Commission will continue to receive administrative support from the
new agency.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget as it is expected to improve management of the State's
workforce and facilitate the reorganization of state government.

Effective Date:

This bill takes effect July 1, 2012.

Part C - Transfer the operation and management of the Belleayre
Mountain ski center from the Department of Environmental Conservation
to the Olympic Regional Development Authority to foster more
efficient operations.

Purpose:

This bill would transfer the operation and management of the Belleayre
Mountain ski center (Belleayre) from the Department of Environmental
Conservation (DEC)to the Olympic Regional Development Authority
(ORDA), which will foster more efficient operations.

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

Belleayre is currently operated and managed by DEC. In conducting its
review of State government and providing independent guidance and
advice in recommending structural and operational changes, the SAGE
Commission found that Belleayre, an intensive use area of the Forest
Preserve lands in the Catskills, has required financial support from
DEC in each of the past five years to cover operating losses and
capital investment. Additionally, community leaders from the area
near Belleayre have raised concerns that, given DEC's broad
responsibilities for managing State-owned land and regulating air,
water and solid waste facilities, the Department might not be the
best long-term manager of Belleayre.

The Legislature reached a similar conclusion with respect to DEC's
prior operations of other ski areas. For example, DEC was responsible
for operating and maintaining both the Whiteface Mountain and Gore
Mountain ski centers, and other facilities related to the 1980 Winter
Olympics. In 1981, after the completion of the Olympic games, the
State enacted Title 28 of Article 8 of the Public Authorities Law
(PAL) to create ORDA for the purpose of operating, managing and
maintaining the facilities associated with the Olympics, including
the ski center at Whiteface Mountain. ORDA's responsibilities were
expanded in 1984 to include the operation and management of the Gore
Mountain ski center, which had also previously been operated by DEC.
Both the Whiteface Mountain and Gore Mountain ski centers are located
in areas classified within the Adirondack Park State Land Master Plan
as "intensive use." Through its operation of the two ski centers,
ORDA has proven that it has the requisite experience and expertise to
manage ski centers profitably, and in a manner that both benefits the
local community and complies with management practices associated
with Forest Preserve lands.
Accordingly, the SAGE Commission determined that Belleayre could be
more effectively and efficiently operated, maintained and managed by
ORDA.

The provisions in this bill would:

o Amend PAL § 2608 to increase the number of members of ORDA from ten
members to eleven, and provide that one of the members shall be a
resident of Ulster or Delaware County;
o Authorize ORDA to enter into an agreement with DEC to operate,
maintain and manage Belleayre in accordance with its existing power
provided in PAL Article 8, Title 28 and any other law, including
those pertaining to other Olympic facilities;
o Provide that ORDA shall include the funds required for the operation
of Belleayre in the budget to be made and delivered by the Chairman
of ORDA;
o Provide authority to ORDA to undertake capital improvements and
major repairs to Belleayre;
o Confer exclusive jurisdiction on the court of claims to hear and
determine any claims brought against ORDA arising out of its
operation of Belleayre; and · Provide for the transfer of employees
and all remaining appropriations and reappropriations from DEC to the
Authority.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because Belleayre can be more effectively and efficiently
operated, maintained and managed by ORDA and the transfer of such
responsibilities to ORDA would allow DEC to focus resources on
core-mission related activities.

Effective Date:

This bill takes effect immediately.

Part D - Elimination and/or merger of certain boards and commissions
to foster more efficient government.

Purpose:

This bill would eliminate certain boards and commissions that are no
longer active, or whose missions have been completed or become
redundant, and merge other boards that have related missions, which
would collectively foster more efficient government.

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

There are several hundred advisory boards and commissions that have
been established pursuant. to statute. The Spending and Government
Efficiency (SAGE) Commission established pursuant Governor Cuomo's
Executive Order NO.4 has, among other things, carefully reviewed the
statutory missions and responsibilities of many of these entities to
determine whether they still provide an essential government purpose.
This bill - the result of that review - would (i) eliminate those
boards and commissions that have accomplished their mission and/or no
longer have a significant governmental purpose, and (ii) merge

together certain boards that have related functions and would be more
efficiently operated as single entity.

Several categories of boards would be eliminated or merged, as follows:

o Several boards included in the bill are inactive. For example, the
Direct Marketing Advisory Council, created by Agriculture and Markets
Law § 285, has not convened in over two years, currently has no
members, and alternative entities already assist in coordinating the
marketing of farm and food products. Similarly, the Surf Clam/Ocean
Quahog Management Advisory Board, created by Environmental
Conservation Law (ECL) § 13-0308, has not met since 2008 and the
Department of Environmental Conservation (DEC) is utilizing informal
approaches to discussing management for these fisheries with local
stakeholders. Another entity, the Environmental Facilities
Corporation Technical Advisory Committee, created under Public
Authorities Law (PAL) § 1285-d(3), has not been constituted for at
least twenty years.

o Completion of missions. Several boards have either completed, or are
nearing completion of, their missions. For example, the Child
Performer Advisory Board to Prevent Eating disorders, created by
Labor Law 154 in 2007, has fulfilled its task, and the Department of
Labor has used the board's input to develop programs to address
eating and related issues associated with child performers.
Similarly, the NYS Statewide Law Enforcement Telecommunications
Committee, created by Executive Law § 844-a in 1991, has become
obsolete given the technological advances in this area.

o Replacement by alternative processes. Several agencies have found
that the missions of some boards are more appropriately addressed
directly by the agency or through a more informal stakeholder
process. For example, the State Forest Practices 9
Board, a remnant of the old Conservation law, was established to
provide forest practice standards. DEC, however, solicits input from
all conservation and industry stakeholders prior to formulating any
standards in this area, a process that the agency finds more
effective. Similarly, the NYS Security or Fire Alarm Installer
Advisory Committee, created under General Business law Article 6-D,
was established prior to the Department of State having expertise in
this area, and can now be replaced based on the agency's years of
work on matters related to fire alarms and its frequent dialogue with
stakeholders through informal channels. Another entity, the State
Environmental Board, consists mostly of members of other State
agencies, which must review many of DEC's regulations before they may
be posted as final. Again, DEC uses a significant public outreach
process with respect to all of its regulatory programs and the
Environmental Board, another remnant of the Conservation law, is no
longer necessary. Indeed, the cost of holding Environmental Board
meetings is approximately $7,500 per year.

o Mergers. Finally, the bill would merge several boards that have a
similar or related missions. For example, the Ovarian Cancer
Information Advisory Board would be merged with the Breast and
Cervical Cancer Detection and Education Advisory Committee. Given
that Department of Health already facilitates the issues addressed by
the two boards and the similar and often competing research and
funding needs associated with cancer research, it makes sense to
address the future needs of the important issue areas covered by the
boards as a single organization. Similarly, the bill would merge
four-related emergency medical services boards which is serviced by
the same person. Having all of the boards under a single umbrella
organization would better coordinate the needs of medical emergency
responders and related entities.

In sum, a critical way to address the economic challenges that New
York faces is by tipping the balance in favor of efficiency. The bill
achieves that goal through elimination of certain boards and
commissions that have outlived their usefulness, and the merger of
certain boards that have similar missions.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it would allow the applicable State agencies to
operate more efficiently and focus on their core missions.

Effective Date:

This bill takes effect immediately, provided that:

(a) the amendments to the opening paragraph of ECL § 13-0309(15),
made by section 74 of the act, shall take effect on the same date as
the reversion of such subdivision as provided in section 21 of
chapter 158 of the laws of 2011;

(b) the amendments to PHL § 300S-b, made by section seventy-six of the
act shall not affect the repeal of such section and shall be deemed
repealed therewith;

(c) sections forty-two, forty-three, forty-four, forty-five; forty-
six, forty-seven and forty-eight of the act shall take effect upon the
resolution of all appeals pending before the freshwater appeals
board; provided, however, that such board, created by ECL Article 24,
Title 11, as repealed by section forty-two of this act, shall not
accept any new cases as of the effective date of this act, and

(d) the DEC Commissioner shall notify the legislative bill drafting
commission upon the resolution of all appeals pending before the
freshwater appeals board in order that the commission may maintain an
accurate and timely effective date data base of the official text of
the laws of the state of New York in furtherance of effectuating the

provisions of section 44 of the legislative law and section 70-b of
the public officers law.

The provision 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.

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

    S. 6260                                                  A. 9060

                      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  amend the racing, pari-mutuel wagering and breeding law, in
  relation to supervision and regulation of the state  gaming  industry;
  and  to  amend  the racing, pari-mutuel wagering and breeding law, the
  general municipal law, the executive law and the tax law, in  relation
  to the state gaming commission; and to repeal article 1 of the racing,
  pari-mutuel  wagering  and  breeding law and sections 1602 and 1603 of
  the tax law relating thereto (Part A); to amend the civil service law,
  in relation to the formation of the department  of  workforce  manage-
  ment;  and  transferring  all  powers,  duties  and obligations of the
  department of civil service and the office of  employee  relations  to
  the   department  of  workforce  management;  and  to  repeal  certain
  provisions of the executive law relating to  the  office  of  employee
  relations  (Part  B); to amend the public authorities law, in relation
  to an agreement between the olympic regional development authority and
  the department of environmental conservation for the operation,  main-
  tenance  and management of Belleayre mountain ski center (Part C); and
  to repeal section 285-a and subdivision 12 of section 283 of the agri-
  culture and markets law, relating to direct marketing  advisory  coun-
  cils  for regional marketing areas; to repeal section 7 of chapter 654
  of the laws of 1994, amending the transportation law  and  other  laws
  relating  to  equipment  requirements  for  registered  farm vehicles,
  relating to the agricultural transportation review  panel;  to  repeal
  section  285-b  of  the  agriculture  and markets law, relating to the
  Hudson valley agricultural advisory council; to repeal  article  4  of
  the  state  technology law, relating to the statewide wireless network
  advisory council; to repeal section 372-a of the social services  law,
  relating  to  the  child welfare research advisory panel; to amend the
  public health law, in relation to provision of information  about  the
  abandoned infant protection act; to repeal sections 520 and 521 of the
  executive  law,  relating to the boards of visitors; to repeal article

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12675-01-2

S. 6260                             2                            A. 9060

  28 of the executive law and paragraph (p) of subdivision 1 of  section
  17  of  the public officers law, relating to the upstate and downstate
  New York tourism councils; to repeal section 92-y of the state finance
  law,  relating  to the upstate New York tourism council fund; to amend
  the highway law and the education law, in relation to removing  refer-
  ence to the upstate and downstate New York tourism councils; to repeal
  section  120 of the economic development law, relating to the advisory
  board within the division of minority and  women's  business  develop-
  ment; to repeal section 27-0702 of the environmental conservation law,
  relating  to  the  solid waste management board; to amend the environ-
  mental conservation law and the state  finance  law,  in  relation  to
  removing  reference  to the solid waste management board; to amend the
  public authorities law, in relation to doing  away  with  a  technical
  advisory committee and the hazardous waste disposal advisory committee
  and  to  repeal  certain provisions of law relating thereto; to repeal
  section 216-b of the vehicle and traffic  law,  relating  to  the  tow
  truck  advisory  board;  to  repeal  section 191 of the executive law,
  relating to  the  temporary  advisory  committee  on  restoration  and
  display  of New York state's military battle flags; to repeal subdivi-
  sion 9 of section 3.23 of the parks, recreation and historic preserva-
  tion law, relating to the advisory council within the New  York  state
  conservation  corps;  to repeal section 89-mmm of the general business
  law, relating  to the armored car carrier advisory board; to amend the
  executive law and the general business law, in  relation  to  removing
  reference  to  the  armored  car  carrier advisory board and to repeal
  certain provisions of the general business law  relating  thereto;  to
  repeal  section  923 of the executive law, relating to the Long Island
  Sound coastal advisory commission; to repeal subdivision 14 of section
  601 and sections 611 and 612 of the executive  law,  relating  to  the
  manufactured  housing advisory council; to amend the executive law, in
  relation to removing reference to the  manufactured  housing  advisory
  council; to repeal section 433-a of the general business law, relating
  to the barbers board; to amend the social services law, in relation to
  doing  away  with  the advisory committee on legal advocacy; to repeal
  subdivisions 8 and 9 of section 350, subdivision 16  of  section  353,
  and  sections  365, 365-a, 365-b, 365-c, 365-d, 365-e, 365-f and 365-g
  of the executive law, relating to the veterans' hall of fame  and  the
  New  York  state veterans' hall of fame council; to repeal section 154
  of the labor law, relating to the child performer  advisory  board  to
  prevent  eating  disorders;  to  repeal  title 11 of article 24 of the
  environmental conservation law,  relating  to  appeal  and  review  of
  matters  affecting  freshwater  wetlands;  to  amend the environmental
  conservation law, in relation to appeal and reviews of matters affect-
  ing freshwater wetlands; to repeal subdivision 3  of  section  1-0303,
  article 5, section 19-0917 and subdivision 4 of section 29-0103 of the
  environmental  conservation  law,  relating to the state environmental
  board; to amend the environmental conservation  law,  in  relation  to
  removing  reference  to  the  state  environmental  board;  to  repeal
  sections 9-0705,  9-0707,  9-0709  and  9-0711  of  the  environmental
  conservation  law, relating to the regional forest practice boards and
  the state forest practice board; to amend the environmental  conserva-
  tion  law,  in  relation  to removing reference to the regional forest
  practice boards; to repeal subdivision 1 of section 444-b of the  real
  property  law, relating to the state home inspection council; to amend
  the real property law, in relation to removing reference to the  state
  home  inspection  council;  to repeal subdivision 6 of section 69-n of

S. 6260                             3                            A. 9060

  the general business law, in relation to the advisory committee on the
  business of installing security or fire alarm systems; to repeal chap-
  ter 868 of the laws of 1976 relating  to  the  organic  food  advisory
  committee,  relating thereto; to repeal subdivisions 6, 7, 8, and 9 of
  section 73-b of the agriculture and markets law, relating to  the  New
  York  state veterinary diagnostic laboratory; to amend the agriculture
  and markets law, in relation to duties of the New York  state  veteri-
  nary  diagnostic  laboratory  and  in  relation  to the New York state
  animal health issues committee; to repeal section 13-0308 of the envi-
  ronmental conservation law, relating to  the  surf  clam/ocean  quahog
  management advisory board; to amend the environmental conservation law
  and  the  state  finance law, in relation to removing reference to the
  surf clam/ocean quahog management advisory board; to amend the  public
  health  law,  in  relation  to  simplifying  committee  structure  and
  increasing effectiveness of  emergency  medical  services;  to  repeal
  sections 3002, 3002-a, 3003-a, 3009 and 3017 of the public health law,
  relating to the New York state emergency medical services council, the
  state  emergency  medical  advisory  committee,  EMS program agencies,
  continuation of existing services and emergency  medical  services  in
  Suffolk county; to amend the public health law, in relation to provid-
  ing  for  the  New  York  state  emergency  medical services board and
  regional boards; to repeal articles 30-B and 30-C of the public health
  law, relating to emergency medical, trauma and disaster care and emer-
  gency medical services for children; to amend the state  finance  law,
  in  relation to the New York state emergency medical services training
  account; to amend the administrative code of the city of New York, the
  general municipal law, the workers' compensation  law,  the  executive
  law  and  the  education law, in relation to making conforming changes
  thereto; to repeal section 2407 and subdivision 5 of section  2409  of
  the  public  health  law,  relating  to the breast and cervical cancer
  detection and education  program  advisory  council  and  the  ovarian
  cancer  information  advisory council; to amend the public health law,
  in relation to  creating  the  breast,  cervical  and  ovarian  cancer
  detection  and  education  program  advisory  council;  and  to repeal
  section 844-a of the executive law, relating to the New York statewide
  law enforcement telecommunications committee (Part D)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2012-2013
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through D. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

S. 6260                             4                            A. 9060

  Section  1. Article 1 of the racing, pari-mutuel wagering and breeding
law is REPEALED and a new article 1 is added to read as follows:
                                ARTICLE 1
                       SUPERVISION AND REGULATION
SECTION 100.   LEGISLATIVE INTENT.
        101.   DEFINITIONS.
        102.   NEW YORK STATE GAMING COMMISSION.
        103.   ORGANIZATION AND DIVISIONS.
        104.   POWERS AND DUTIES OF THE COMMISSION.
        105.   QUORUM.
        106.   SALARY AND EXPENSES.
        107.   CONFLICTS PROHIBITED.
        108.   CERTAIN RESTRICTIONS ON WAGERING.
        109.   SUPPLEMENTARY REGULATORY POWERS OF THE COMMISSION.
        110.   STATEMENT OF STOCKHOLDERS TO BE FILED.
        111.   COMPULSIVE GAMBLING ASSISTANCE.
        112.   PARI-MUTUEL  OPERATIONS;  FILING  OF  TAX FORMS AND OTHER
                 STATISTICS.
        113.   FILING OF PARI-MUTUEL TAX RETURNS OR REPORTS BY ELECTRON-
                 IC MEANS.
        114.   PRACTICE AND PROCEDURE.
        115.   REGULATORY FEES.
        116.   PENALTIES.
        117.   TRANSFER OF FUNCTIONS.
        118.   TRANSFER OF EMPLOYEES.
        119.   TRANSFER OF RECORDS.
        120.   CONTINUITY OF AUTHORITY.
        121.   COMPLETION OF UNFINISHED BUSINESS.
        122.   CONTINUATION OF RULES AND REGULATIONS.
        123.   TERMS OCCURRING IN LAWS, CONTRACTS AND OTHER DOCUMENTS.
        124.   EXISTING RIGHTS AND REMEDIES PRESERVED.
        125.   PENDING ACTIONS OR PROCEEDINGS.
        126.   TRANSFER OF APPROPRIATIONS HERETOFORE MADE.
        127.   TRANSFER OF ASSETS AND LIABILITIES.
        128.   PROMULGATION OF RULES AND REGULATIONS.
        129.   CONSTRUCTION OF OTHER LAWS OF PROVISIONS.
  S 100. LEGISLATIVE INTENT. THE LEGISLATURE FINDS AND  DETERMINES  THAT
THE  GAMING  INDUSTRIES  CONSTITUTE  A  VITAL SECTOR OF NEW YORK STATE'S
OVERALL ECONOMY. THE LEGISLATURE ALSO FINDS AND DETERMINES THAT  RESPON-
SIVE,  EFFECTIVE,  INNOVATIVE,  STATE  GAMING REGULATION IS NECESSARY TO
OPERATE IN A GLOBAL, EVOLVING AND INCREASINGLY COMPETITIVE MARKET PLACE.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT THIS  LEGISLATION
IS  NECESSARY  TO MODERNIZE AND TRANSFORM THE PRESENT STATE GAMING AGEN-
CIES INTO A NEW INTEGRATED STATE GAMING COMMISSION.
  THE CONTINUED GROWTH OF THE GAMING INDUSTRY WILL CONTRIBUTE TO ECONOM-
IC DEVELOPMENT AND JOB CREATION IN THIS STATE.  THEREFORE, IT IS  ESSEN-
TIAL  TO MAINTAIN THE PUBLIC CONFIDENCE AND TRUST IN THE CREDIBILITY AND
INTEGRITY OF LEGALIZED GAMING ACTIVITIES. TO ENSURE SUCH  PUBLIC  CONFI-
DENCE  AND  TRUST,  THIS  ARTICLE  PROVIDES  THAT THE REGULATION OF SUCH
GAMING IS TO BE CONDUCTED IN THE MOST EFFICIENT, TRANSPARENT AND  EFFEC-
TIVE MANNER POSSIBLE. BY CONSOLIDATING VARIOUS REGULATORY FUNCTIONS INTO
A  SINGLE  OVERSIGHT BODY WITH BROAD POWERS, THIS ARTICLE ENSURES STRICT
STATE REGULATION OF ALL CORPORATIONS, ASSOCIATIONS AND  PERSONS  ENGAGED
IN  GAMING ACTIVITY. FURTHER, BY CONSOLIDATING REGULATORY FUNCTIONS INTO
A SINGLE OVERSIGHT BODY, THIS ARTICLE WILL INCREASE  EFFICIENCY,  REDUCE
COSTS  AND  ELIMINATE  ANY  UNNECESSARY  REDUNDANCIES IN REGULATION. THE

S. 6260                             5                            A. 9060

IMPROVED REGULATORY STRUCTURE ESTABLISHED BY THIS ARTICLE  WILL  INSURE,
SO  FAR  AS PRACTICABLE, THE EXCLUSION OF UNSUITABLE PERSONS OR ENTITIES
FROM PARTICIPATING IN ANY LEGALIZED GAMING ACTIVITY WITHIN  THIS  STATE.
THE  GOAL  OF THIS ARTICLE IS THAT ALL GAMING ACTIVITY CONDUCTED IN THIS
STATE WILL BE OF THE HIGHEST INTEGRITY, CREDIBILITY AND QUALITY AND THAT
THE BEST INTERESTS OF THE PUBLIC, BOTH GAMING AND  NON-GAMING,  WILL  BE
SERVED.    FINALLY,  IT IS DETERMINED BY THE LEGISLATURE THAT THE PUBLIC
INTEREST IS BEST SERVED BY THOSE PERSONS OR ENTITIES ENGAGED  IN  GAMING
ACTIVITY  PAYING THE COST OF REGULATING SUCH ACTIVITY THROUGH REASONABLE
REGULATORY FEES.
  S 101. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "PUBLIC OFFICER" SHALL MEAN EVERY ELECTED STATE AND  LOCAL  OFFICER
AND  EVERY  OTHER  STATE AND LOCAL OFFICER, AS DEFINED IN SECTION TWO OF
THE PUBLIC OFFICERS LAW,  WHOSE  DUTIES  RELATE  TO  PARI-MUTUEL  RACING
ACTIVITIES  OR  THE  TAXATION  THEREOF, WHO IS REQUIRED TO DEVOTE ALL OR
SUBSTANTIALLY ALL OF HIS OR HER TIME TO THE DUTIES OF HIS OR HER  OFFICE
FOR  WHICH HE OR SHE RECEIVES COMPENSATION OR IF EMPLOYED ON A PART-TIME
OR OTHER BASIS  RECEIVES  COMPENSATION  IN  EXCESS  OF  TWELVE  THOUSAND
DOLLARS  PER  ANNUM,  A  MEMBER  OR  OFFICER OF THE STATE LEGISLATURE, A
MEMBER, DIRECTOR OR OFFICER OF THE STATE RACING  COMMISSION,  THE  STATE
HARNESS  RACING  COMMISSION,  THE  QUARTER  HORSE RACING COMMISSION, THE
STATE GAMING COMMISSION, OR ANY REGIONAL OFF-TRACK BETTING  CORPORATION,
OR A MEMBER OF A LOCAL LEGISLATIVE BODY.
  2.  "PUBLIC EMPLOYEE" SHALL MEAN EVERY PERSON EMPLOYED BY THE STATE OR
ANY MUNICIPALITY OR OTHER POLITICAL SUBDIVISION THEREOF OR  BY  A  LOCAL
LEGISLATIVE BODY, OTHER THAN A PUBLIC OFFICER DEFINED IN SUBDIVISION ONE
OF  THIS  SECTION, WHO IS REQUIRED TO DEVOTE ALL OR SUBSTANTIALLY ALL OF
HIS OR HER TIME TO THE DUTIES OF HIS OR HER EMPLOYMENT FOR WHICH  HE  OR
SHE  RECEIVES COMPENSATION, OR IF EMPLOYED ON A PART-TIME BASIS RECEIVES
COMPENSATION IN EXCESS OF TWELVE  THOUSAND  DOLLARS  PER  ANNUM,  OR  AN
EMPLOYEE  OF  THE  STATE  LEGISLATURE OR AN EMPLOYEE OF THE STATE GAMING
COMMISSION.
  3. "PARTY OFFICER" SHALL MEAN THE FOLLOWING MEMBERS OR OFFICERS OF ANY
POLITICAL PARTY:
  (A) A MEMBER OF A NATIONAL COMMITTEE;
  (B) A CHAIRMAN, VICE-CHAIRMAN, SECRETARY, TREASURER OR  COUNSEL  OF  A
STATE COMMITTEE, OR MEMBER OF THE EXECUTIVE COMMITTEE OF A STATE COMMIT-
TEE;
  (C)  A  COUNTY  LEADER, CHAIRMAN, VICE-CHAIRMAN, COUNSEL, SECRETARY OR
TREASURER OF A COUNTY COMMITTEE.
  4. "LOCAL LEGISLATIVE BODY" SHALL MEAN THE LEGISLATIVE BODY OF A COUN-
TY; THE COUNCIL, COMMON COUNCIL OR BOARD OF ALDERMEN AND  THE  BOARD  OF
ESTIMATE,  THE  BOARD OF ESTIMATE AND APPORTIONMENT OR BOARD OF ESTIMATE
AND CONTRACT, IF THERE BE ONE, OF A CITY; THE TOWN BOARD OF A  TOWN  AND
THE VILLAGE BOARD OF A VILLAGE.
  5.  "GAMING  ACTIVITY" SHALL MEAN THE CONDUCT OF ANY FORM OF LEGALIZED
GAMING, INCLUDING, BUT NOT LIMITED TO, CLASS III GAMING UNDER THE INDIAN
GAMING REGULATORY ACT, 25 U.S.C. S 2701 ET SEQ.,  PARI-MUTUEL  WAGERING,
BOTH  ON-TRACK  AND  OFF-TRACK, BINGO AND CHARITABLE GAMES OF CHANCE AND
THE STATE LOTTERY FOR EDUCATION.
  6. "GAMING SERVICE ENTERPRISE" SHALL MEAN  A  PERSON  OR  ENTITY  THAT
PROVIDES  A GAMING FACILITY WITH GOODS OR SERVICES REGARDING THE REALTY,
CONSTRUCTION, MAINTENANCE, OR BUSINESS OF THE GAMING FACILITY OR RELATED
FACILITY INCLUDING, WITHOUT  LIMITATION,  JUNKET  ENTERPRISES,  SECURITY
BUSINESSES, GAMING SCHOOLS, MANUFACTURERS, DISTRIBUTORS AND SERVICERS OF

S. 6260                             6                            A. 9060

GAMING  DEVICES  OR  EQUIPMENT,  GARBAGE HAULERS, MAINTENANCE COMPANIES,
FOOD PURVEYORS, AND CONSTRUCTION  COMPANIES,  OR  ANY  OTHER  ENTERPRISE
WHICH  PURCHASES GOODS OR SERVICES FROM OR WHICH DOES ANY OTHER BUSINESS
WITH A GAMING FACILITY ON A REGULAR OR CONTINUING BASIS.
  7.  "COMMISSION"  OR "STATE GAMING COMMISSION" SHALL MEAN THE NEW YORK
STATE GAMING COMMISSION CREATED PURSUANT TO SECTION ONE HUNDRED  TWO  OF
THIS ARTICLE.
  S  102.  NEW  YORK STATE GAMING COMMISSION. 1. THERE IS HEREBY CREATED
WITHIN THE EXECUTIVE DEPARTMENT THE NEW  YORK  STATE  GAMING  COMMISSION
WHICH  SHALL  CONSIST OF FIVE MEMBERS APPOINTED BY THE GOVERNOR UPON THE
ADVICE AND CONSENT OF THE SENATE.
  2. A MEMBER SHALL BE DESIGNATED AS CHAIR  OF  THE  COMMISSION  BY  THE
GOVERNOR  TO  SERVE  IN SUCH CAPACITY AT THE PLEASURE OF THE GOVERNOR OR
UNTIL HIS OR HER TERM AS A COMMISSION MEMBER  EXPIRES,  WHICHEVER  FIRST
OCCURS.    THE MEMBERS SHALL SERVE ON A FULL-TIME BASIS AND BE APPOINTED
FOR TERMS OF FIVE YEARS; PROVIDED, HOWEVER, THAT INITIAL APPOINTMENTS TO
THE COMMISSION SHALL BE FOR TERMS AS FOLLOWS:
  (A) ONE MEMBER FOR TWO YEARS;
  (B) ONE MEMBER FOR THREE YEARS;
  (C) ONE MEMBER FOR FOUR YEARS;
  (D) ONE MEMBER FOR FIVE YEARS;
  (E) ONE MEMBER FOR SIX YEARS.
  3. EACH MEMBER OF THE COMMISSION SHALL BE  A  CITIZEN  OF  THE  UNITED
STATES  AND A RESIDENT OF THE STATE OF NEW YORK. NO MEMBER OF THE LEGIS-
LATURE OR PERSON HOLDING ANY ELECTIVE OR APPOINTIVE OFFICE IN THE FEDER-
AL, STATE OR LOCAL GOVERNMENT SHALL BE ELIGIBLE TO SERVE AS A MEMBER  OF
THE COMMISSION.
  4.  THE GOVERNOR MAY REMOVE ANY MEMBER OF THE COMMISSION AT THE GOVER-
NOR'S DISCRETION.
  S 103. ORGANIZATION AND DIVISIONS. 1. THE COMMISSION SHALL ESTABLISH A
PLAN OF ORGANIZATION AND MAY INCUR EXPENSES WITHIN THE LIMITS  OF  FUNDS
AVAILABLE TO IT.  AN EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE GOVER-
NOR AND SHALL SERVE AT HIS OR HER PLEASURE. THE EXECUTIVE DIRECTOR SHALL
BE  RESPONSIBLE  FOR  THE  CONDUCT  OF THE ADMINISTRATIVE AFFAIRS OF THE
COMMISSION.
  2. THE COMMISSION SHALL ESTABLISH  AND  SUPERVISE  FIVE  DIVISIONS  TO
RESPECTIVELY  CARRY  OUT RESPONSIBILITIES RELATING TO THE REGULATION AND
ENFORCEMENT OF THE FOLLOWING: LOTTERY, CHARITABLE GAMING, GAMING,  HORSE
RACING AND PARI-MUTUEL WAGERING, AND LAW ENFORCEMENT. EACH SUCH DIVISION
SHALL BE SUPERVISED BY A DIVISION DIRECTOR, EACH TO SERVE IN SUCH CAPAC-
ITY  AT THE PLEASURE OF THE GOVERNOR, PROVIDED, HOWEVER, THAT THE DIREC-
TOR OF THE DIVISION OF LAW ENFORCEMENT SHALL SERVE AT  THE  PLEASURE  OF
THE SUPERINTENDENT OF STATE POLICE.
  (A)  DIVISION OF LOTTERY. THE DIVISION OF LOTTERY SHALL BE RESPONSIBLE
TO OPERATE AND ADMINISTER THE STATE LOTTERY FOR EDUCATION, AS PRESCRIBED
BY ARTICLE THIRTY-FOUR OF THE TAX LAW,  EXCEPTING  RESPONSIBILITIES  FOR
VIDEO LOTTERY GAMING.
  (B)  CHARITABLE  GAMING.  THE  DIVISION  OF CHARITABLE GAMING SHALL BE
RESPONSIBLE FOR THE SUPERVISION  AND  ADMINISTRATION  OF  THE  GAMES  OF
CHANCE  LICENSING  LAW,  BINGO  LICENSING  LAW  AND BINGO CONTROL LAW AS
PRESCRIBED BY ARTICLES NINE-A AND FOURTEEN-H OF  THE  GENERAL  MUNICIPAL
LAW AND NINETEEN-B OF THE EXECUTIVE LAW.
  (C) GAMING. THE DIVISION OF GAMING SHALL BE RESPONSIBLE FOR THE APPRO-
PRIATE  ADMINISTRATION,  REGULATION  OR  OVERSIGHT  OF  INDIAN GAMING AS
DEFINED BY TRIBAL-STATE COMPACTS IN EFFECT PURSUANT TO THE INDIAN GAMING
REGULATORY ACT, 25 U.S.C. S 2701, ET SEQ., AND  OPERATION  AND  ADMINIS-

S. 6260                             7                            A. 9060

TRATION OF VIDEO LOTTERY GAMING, AS PRESCRIBED BY ARTICLE THIRTY-FOUR OF
THE TAX LAW.
  (D)  HORSE  RACING  AND  PARI-MUTUEL  WAGERING.  THE DIVISION OF HORSE
RACING AND PARI-MUTUEL WAGERING SHALL  BE  RESPONSIBLE  FOR  THE  SUPER-
VISION, REGULATION AND ADMINISTRATION OF ALL HORSE RACING AND PARI-MUTU-
EL  WAGERING ACTIVITIES, AS PRESCRIBED BY ARTICLES TWO THROUGH ELEVEN OF
THIS CHAPTER.
  (E) LAW ENFORCEMENT. THE DIVISION OF LAW ENFORCEMENT SHALL CONSIST  OF
STATE POLICE INVESTIGATORS AND PERSONNEL SPECIALIZING IN GAMING INVESTI-
GATION  AND  LAW ENFORCEMENT. THE DIVISION SHALL BE PERMANENTLY ASSIGNED
TO THE COMMISSION AND MAINTAIN ITS PRINCIPAL OFFICE WITHIN THE PRINCIPAL
OFFICE OF THE COMMISSION AND MAY ESTABLISH AND MAINTAIN  BRANCH  OFFICES
AT  ANY  BRANCH  OFFICE  ESTABLISHED  AND  MAINTAINED BY THE COMMISSION.
ADDITIONALLY, THE DIVISION MAY ESTABLISH AND  MAINTAIN  OFFICES  AT  ANY
LICENSED  GAMING  FACILITY OR INDIAN GAMING FACILITY CONSISTENT WITH THE
TERMS OF ANY TRIBAL-STATE GAMING COMPACT IN EFFECT PURSUANT TO THE INDI-
AN GAMING REGULATORY ACT, 25 U.S.C. S 2701, ET SEQ. AS AGREED  WITH  AND
ON  BEHALF  OF THE COMMISSION, THE DIVISION SHALL CONDUCT FINGERPRINTING
AND BACKGROUND INVESTIGATIONS ON PERSONS AND ENTITIES ENGAGED IN  GAMING
ACTIVITY  OR  GAMING SERVICES ENTERPRISES WITHIN THE STATE. THE DIVISION
SHALL, UPON REQUEST, ASSIST CIVIL INVESTIGATORS OF  THE  COMMISSION  AND
EVALUATE ALL REFERRALS MADE BY SAME.
  S  104. POWERS AND DUTIES OF THE COMMISSION. THE COMMISSION SHALL HAVE
THE AUTHORITY AND RESPONSIBILITY:
  1. TO HAVE GENERAL JURISDICTION OVER ALL GAMING ACTIVITIES WITHIN  THE
STATE AND OVER THE CORPORATIONS, ASSOCIATIONS AND PERSONS ENGAGED THERE-
IN.
  2.  TO  HEAR  AND DECIDE PROMPTLY AND IN REASONABLE ORDER ALL LICENSE,
REGISTRATION, CERTIFICATE AND PERMIT APPLICATIONS, AND CAUSES  AFFECTING
THE  GRANTING,  SUSPENSION,  REVOCATION  OR  RENEWAL  THEREOF, OF CORPO-
RATIONS, ASSOCIATIONS OR PERSONS ENGAGED OR SEEKING TO ENGAGE IN  GAMING
ACTIVITY OR GAMING SERVICES ENTERPRISES.
  3.  TO  TEST OR CAUSE TO HAVE TESTED AND APPROVE SURVEILLANCE SYSTEMS,
GAMES OF CHANCE, GAMING DEVICES AND LOTTERY GAMES.
  4. TO MONITOR ANY CORPORATION, ASSOCIATION OR PERSON ENGAGED IN GAMING
ACTIVITY OR A GAMING SERVICE ENTERPRISE FOR COMPLIANCE WITH  THIS  CHAP-
TER.
  5. TO, AT ANY TIME, EXAMINE THE BOOKS, PAPERS, RECORDS AND ACCOUNTS OF
ANY  CORPORATION,  ASSOCIATION OR PERSON ENGAGED IN GAMING ACTIVITY OR A
GAMING SERVICE ENTERPRISE PURSUANT TO  A  LICENSE,  REGISTRATION,  FRAN-
CHISE, CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION.
  6.  TO CONDUCT INVESTIGATIONS AND HEARINGS PERTAINING TO VIOLATIONS OF
THIS CHAPTER. EACH MEMBER OF THE COMMISSION AND SUCH OFFICERS, EMPLOYEES
OR AGENTS OF THE COMMISSION AS MAY BE DESIGNATED BY THE  COMMISSION  FOR
SUCH  PURPOSE  SHALL  HAVE  THE  POWER  TO  ADMINISTER OATHS AND EXAMINE
WITNESSES.
  7.  THE  COMMISSION  MAY  ISSUE  SUBPOENAS  TO  COMPEL  ATTENDANCE  OF
WITNESSES,  AND  THE  PRODUCTION  OF  REPORTS, BOOKS, PAPERS, DOCUMENTS,
CORRESPONDENCE AND OTHER POTENTIAL EVIDENCE. IN THE EVENT THAT A  HOLDER
OF LICENSE, REGISTRATION, CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION
FAILS  TO  COMPLY  WITH  SUCH  A  SUBPOENA, THE COMMISSION MAY SUMMARILY
REVOKE SUCH LICENSE, REGISTRATION, CERTIFICATE OR PERMIT.
  8. TO ARBITRATE DISPUTES RELATING TO ANY STATE LICENSE,  REGISTRATION,
CERTIFICATE  OR PERMIT. ADDITIONALLY, THE COMMISSION SHALL BE AUTHORIZED
TO REQUIRE ARBITRATION OF AND TO ARBITRATE DISPUTES BY  OR  BETWEEN  ANY

S. 6260                             8                            A. 9060

HOLDER  OF  LICENSE,  REGISTRATION,  CERTIFICATE OR PERMIT ISSUED BY THE
COMMISSION.
  9.  TO COLLECT ALL LICENSE AND REGISTRATION FEES IMPOSED BY STATE LAW,
OR RULES OR REGULATIONS PROMULGATED THEREUNDER, AND ANY PAYMENTS FROM AN
INDIAN NATION OR TRIBE UNDER THE TERMS OF A TRIBAL-STATE COMPACT THAT IS
IN EFFECT PURSUANT TO THE  FEDERAL  INDIAN  GAMING  REGULATORY  ACT,  25
U.S.C. S 2701, ET SEQ.
  10. TO LEVY AND COLLECT CIVIL PENALTIES AND FINES FOR ANY VIOLATION OF
THIS CHAPTER.
  11.  TO  BE PRESENT THROUGH ITS EMPLOYEES AND AGENTS DURING THE OPERA-
TION OF ANY RACE  TRACK,  CASINO,  GAMING  FACILITY,  CHARITABLE  GAMING
ORGANIZATION, SIMULCASTING FACILITY OR VIDEO LOTTERY GAMING FACILITY FOR
THE PURPOSE OF CERTIFYING THE REVENUE THEREOF, RECEIVING COMPLAINTS FROM
THE  PUBLIC  RELATING  TO  THE  CONDUCT OF GAMING AND SIMULCAST WAGERING
ACTIVITIES, EXAMINING RECORDS OF REVENUES AND PROCEDURES, AND CONDUCTING
PERIODIC REVIEWS OF OPERATIONS AND FACILITIES FOR PURPOSES OF EVALUATING
ANY CURRENT OR SUGGESTED PROVISION OF LAW, RULE OR REGULATION.
  12. TO ENSURE COMPLIANCE WITH TRIBAL-STATE GAMING COMPACTS THAT ARE IN
EFFECT PURSUANT TO THE FEDERAL INDIAN GAMING REGULATORY ACT, 25 U.S.C. S
2701, ET SEQ.
  13. TO REFER TO THE DIVISION OF LAW ENFORCEMENT OR OTHER LAW  ENFORCE-
MENT  AGENCY  OF  COMPETENT  JURISDICTION ANY EVIDENCE OF A VIOLATION OF
LAW.
  14. TO CAUSE BACKGROUND INVESTIGATIONS TO BE CONDUCTED BY THE DIVISION
OF LAW ENFORCEMENT ON ANY APPLICANT FOR A LICENSE, REGISTRATION, CERTIF-
ICATE, PERMIT OR APPROVAL. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,
THE  COMMISSION  SHALL BE GRANTED ACCESS TO THE CRIMINAL HISTORY RECORDS
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES,  PURSUANT  TO  SUBDIVISION
EIGHT-A  OF  SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, IN
CONNECTION WITH EXECUTING THE RESPONSIBILITIES OF THE COMMISSION  RELAT-
ING  TO  THE  REGULATION,  OVERSIGHT,  LICENSING,  PERMITTING OR CERTIF-
ICATION, INCLUDING FINGERPRINTING, CRIMINAL HISTORY  RECORD  CHECKS  AND
BACKGROUND  INVESTIGATIONS,  OF  PERSONS  APPLYING  TO  ENGAGE IN GAMING
ACTIVITIES AND GAMING SERVICE ENTERPRISES. AT THE REQUEST OF THE COMMIS-
SION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SUBMIT  A  FINGER-
PRINT  CARD,  ALONG  WITH  THE  SUBJECT'S PROCESSING FEE, TO THE FEDERAL
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A CRIMINAL HISTORY
SEARCH AND RETURNING A REPORT THEREON.  THE  COMMISSION  SHALL  ALSO  BE
ENTITLED TO REQUEST AND RECEIVE ANY INFORMATION IN THE POSSESSION OF THE
STATE ATTORNEY GENERAL OR DEPARTMENT OF TAXATION AND FINANCE RELATING TO
THE  INVESTIGATION  OF  ORGANIZED  CRIME, GAMING OFFENSES, OTHER REVENUE
CRIMES OR TAX EVASION.
  15. TO KEEP A FULL AND FAITHFUL RECORD OF ITS PROCEEDINGS.
  16. TO OPERATE, OR IMMEDIATELY APPOINT OR CONTRACT WITH AN INDEPENDENT
THIRD PARTY TO OPERATE, ANY FACILITY SUBJECT TO LICENSURE BY THE COMMIS-
SION ON AN INTERIM BASIS IN THE EVENT  THAT  THE  LICENSED  OPERATOR  OR
OPERATORS  OF  SUCH  FACILITY  DISCONTINUES OPERATIONS DUE TO FINANCIAL,
REGULATORY OR ANY OTHER CIRCUMSTANCES, INCLUDING, BUT  NOT  LIMITED  TO,
LICENSE  REVOCATION,  RELINQUISHMENT  OR  EXPIRATION, AND THE COMMISSION
DETERMINES THAT IT WOULD FURTHER THE PUBLIC INTEREST  TO  CONTINUE  SUCH
OPERATIONS.  SUCH OPERATION SHALL BE ON A TEMPORARY BASIS, NOT TO EXCEED
ONE HUNDRED EIGHTY DAYS, UNTIL SUCH TIME  AS  A  PERMANENT  OPERATOR  IS
LICENSED AND AUTHORIZED TO OPERATE SUCH FACILITY; PROVIDED, HOWEVER, THE
COMMISSION  MAY OPERATE A FACILITY FOR ADDITIONAL ONE HUNDRED EIGHTY DAY
PERIODS WHERE NECESSARY.

S. 6260                             9                            A. 9060

  17. TO ENTER INTO CONTRACTS WITH ANY PERSON TO  CARRY  OUT  ITS  FUNC-
TIONS, POWERS AND DUTIES WHENEVER IT DEEMS NECESSARY OR CONVENIENT.
  18. TO ANNUALLY REPORT TO THE GOVERNOR ITS PROCEEDINGS FOR THE PRECED-
ING  CALENDAR  YEAR  AND ANY SUGGESTIONS AND RECOMMENDATIONS AS IT SHALL
DEEM DESIRABLE.
  19. TO PROMULGATE ANY RULES AND REGULATIONS THAT IT DEEMS NECESSARY TO
CARRY OUT ITS RESPONSIBILITIES.
  S 105. QUORUM. A MAJORITY OF THE DULY APPOINTED MEMBERS OF THE COMMIS-
SION SHALL CONSTITUTE A QUORUM AND NOT LESS  THAN  A  MAJORITY  OF  SUCH
QUORUM MAY TRANSACT ANY BUSINESS, PERFORM ANY DUTY OR EXERCISE ANY POWER
OF THE COMMISSION.
  S 106. SALARY AND EXPENSES. 1. THE CHAIR AND MEMBERS OF THE COMMISSION
SHALL  RECEIVE  SALARIES  IN AMOUNTS EQUAL TO THOSE ESTABLISHED BY PARA-
GRAPHS (A) AND (C) OF SUBDIVISION ONE OF SECTION ONE HUNDRED  SIXTY-NINE
OF THE EXECUTIVE LAW, RESPECTIVELY.
  2.  THE  COMMISSION  SHALL  FIX  THE COMPENSATION FOR ITS OFFICERS AND
EMPLOYEES WITHIN THE AMOUNTS APPROPRIATED THEREFOR.
  3. THE MEMBERS, OFFICERS AND EMPLOYEES  OF  THE  COMMISSION  SHALL  BE
REIMBURSED FOR ALL ACTUAL AND NECESSARY TRAVELING AND OTHER EXPENSES AND
DISBURSEMENTS  INCURRED  OR MADE BY THEM IN THE DISCHARGE OF THEIR OFFI-
CIAL DUTIES.
  S 107. CONFLICTS PROHIBITED. 1. NO PERSON SHALL  BE  APPOINTED  TO  OR
EMPLOYED  BY THE COMMISSION IF, DURING THE PERIOD COMMENCING THREE YEARS
PRIOR TO APPOINTMENT OR EMPLOYMENT, SAID PERSON HELD ANY DIRECT OR INDI-
RECT INTEREST IN, OR EMPLOYMENT  BY,  ANY  CORPORATION,  ASSOCIATION  OR
PERSON  ENGAGED IN GAMING ACTIVITY OR A GAMING SERVICE ENTERPRISE WITHIN
THE STATE. PRIOR TO APPOINTMENT OR EMPLOYMENT, EACH MEMBER,  OFFICER  OR
EMPLOYEE  OF  THE  COMMISSION  SHALL  SWEAR  OR  AFFIRM  THAT  HE OR SHE
POSSESSES NO INTEREST IN ANY CORPORATION OR ASSOCIATION HOLDING A  FRAN-
CHISE,  LICENSE,  REGISTRATION,  CERTIFICATE  OR  PERMIT  ISSUED  BY THE
COMMISSION. DURING THE TERM OF APPOINTMENT OR EMPLOYMENT, EVERY  MEMBER,
OFFICER  AND  EMPLOYEE  OF  THE  COMMISSION SHALL BE HELD TO THE HIGHEST
ETHICAL STANDARDS AND AVOID ANY CONFLICT OF INTEREST OR APPEARANCE THER-
EOF.  THEREAFTER, NO MEMBER OR OFFICER OF THE COMMISSION SHALL HOLD  ANY
DIRECT  INTEREST IN OR BE EMPLOYED BY ANY APPLICANT FOR OR BY ANY CORPO-
RATION, ASSOCIATION OR PERSON HOLDING  A  LICENSE,  REGISTRATION,  FRAN-
CHISE,  CERTIFICATE  OR  PERMIT ISSUED BY THE COMMISSION FOR A PERIOD OF
FOUR YEARS COMMENCING ON THE DATE HIS OR HER MEMBERSHIP WITH THE COMMIS-
SION TERMINATES. FURTHER, NO EMPLOYEE OF THE COMMISSION MAY ACQUIRE  ANY
DIRECT OR INDIRECT INTEREST IN, OR ACCEPT EMPLOYMENT WITH, ANY APPLICANT
FOR  OR  ANY  PERSON HOLDING A LICENSE, REGISTRATION, FRANCHISE, CERTIF-
ICATE OR PERMIT ISSUED BY THE COMMISSION  FOR  A  PERIOD  OF  TWO  YEARS
COMMENCING AT THE TERMINATION OF EMPLOYMENT WITH THE COMMISSION.
  2.  NO  MEMBER,  OFFICER, OFFICIAL OR EMPLOYEE OF THE COMMISSION SHALL
PARTICIPATE AS AN OWNER OF A HORSE OR OTHERWISE AS A CONTESTANT  IN  ANY
HORSE  RACE  AT A RACE MEETING WHICH IS UNDER THE JURISDICTION OR SUPER-
VISION OF THE COMMISSION, OR HAVE  ANY  PECUNIARY  INTEREST,  DIRECT  OR
INDIRECT,  IN  THE  PURSE,  PRIZE, PREMIUM OR STAKE CONTESTED FOR AT ANY
SUCH HORSE RACE OR IN THE OPERATIONS OF ANY LICENSEE OF  THE  COMMISSION
OR  STATE  RACING  FRANCHISEE.  PARTICIPATION  AS AN OWNER OF A HORSE OR
OTHERWISE AS A CONTESTANT IN ANY SUCH HORSE RACE BY A  MEMBER,  OFFICER,
OTHER OFFICIAL OR EMPLOYEE OF THE COMMISSION IN VIOLATION OF THIS PROHI-
BITION SHALL TERMINATE THE TERM OF HIS OR HER OFFICE AS A MEMBER, OR HIS
OR HER SERVICES AS AN OFFICER OR OFFICIAL OR EMPLOYEE OF THE COMMISSION.
  3.  ALL  MEMBERS,  OFFICERS  AND  EMPLOYEES OF THE COMMISSION SHALL BE
SUBJECT TO THE PROVISIONS OF THE PUBLIC OFFICERS LAW AND BE REQUIRED  TO

S. 6260                            10                            A. 9060

ANNUALLY FILE A FINANCIAL DISCLOSURE STATEMENT WITH THE JOINT COMMISSION
ON PUBLIC ETHICS.
  4.  NO  MEMBER, OFFICER OR EMPLOYEE OF THE COMMISSION SHALL WAGER UPON
GAMING OR HORSE RACING ACTIVITY CONDUCTED WITHIN THE STATE.
  5. NO INDIVIDUAL EMPLOYED BY AN OFF-TRACK BETTING CORPORATION OR  RACE
TRACK  LICENSED PURSUANT TO THIS CHAPTER AS A PARI-MUTUEL CLERK, CASHIER
OR SELLER SHALL BE PERMITTED TO WAGER UPON GAMING  ACTIVITY  DURING  ANY
PERIOD OF A DAY ON WHICH SUCH PERSON IS EMPLOYED IN SUCH CAPACITY.
  6.  NO PUBLIC OFFICER OR PARTY OFFICER SHALL HOLD ANY LICENSE FROM THE
COMMISSION.
  7. THE FOLLOWING PUBLIC EMPLOYEES  ARE  PROHIBITED  FROM  HOLDING  ANY
LICENSE FROM THE COMMISSION:
  (A)  AN  EMPLOYEE  OF  THE  COMMISSION;  ANY DIRECTOR OR EMPLOYEE OF A
REGIONAL OFF-TRACK BETTING CORPORATION EMPLOYED IN A MANAGEMENT,  CONFI-
DENTIAL  OR  SUPERVISORY CAPACITY, PROVIDED, HOWEVER, THAT SUCH DIRECTOR
OR EMPLOYEE SHALL BE REQUIRED TO APPLY FOR AND OBTAIN A LICENSE FROM THE
COMMISSION FOR PURPOSES OF THEIR POSITION WITH OFF-TRACK BETTING; OR
  (B) AN EMPLOYEE OF THE STATE LEGISLATURE; PROVIDED, HOWEVER,  THAT  AN
EMPLOYEE  OF  THE STATE LEGISLATURE WHOSE DUTIES IN SUCH POSITION DO NOT
RELATE TO GAMING ACTIVITIES SHALL NOT BE SUBJECT TO THE PROHIBITIONS  OF
THIS  SECTION  IF  HE OR SHE HELD A LICENSE FROM THE FORMER STATE RACING
AND WAGERING BOARD WHILE EMPLOYED BY THE STATE LEGISLATURE PRIOR TO JULY
FIRST, NINETEEN HUNDRED EIGHTY; OR
  (C) AN EMPLOYEE OF ANY LOCAL LEGISLATIVE BODY WHOSE DUTIES  RELATE  TO
GAMING ACTIVITIES; OR
  (D)  AN  EMPLOYEE  OF  ANY  STATE OR LOCAL BOARD, AGENCY, AUTHORITY OR
OTHER STATE OR LOCAL GOVERNMENTAL BODY, THE DUTIES OF  WHICH  RELATE  TO
GAMING ACTIVITIES OR THE TAXATION THEREOF.
  8. NO PUBLIC OFFICER, PUBLIC EMPLOYEE OR PARTY OFFICER SHALL:
  (A)  OWN  OR  HOLD,  DIRECTLY OR INDIRECTLY, ANY PROPRIETARY INTEREST,
STOCK OR OBLIGATION OF ANY FIRM, ASSOCIATION OR CORPORATION (I) WHICH IS
LICENSED BY THE COMMISSION TO CONDUCT GAMING OR HORSE RACING  ACTIVITIES
OR  GAMING  SERVICE  ENTERPRISE,  OR (II) WHICH CONDUCTS ITS OCCUPATION,
TRADE, OR BUSINESS AT A RACETRACK AT WHICH PARI-MUTUEL  RACE  MEETS  ARE
CONDUCTED  OR FACILITY WHERE GAMING ACTIVITY IS CONDUCTED WHETHER OR NOT
A LICENSE IS REQUIRED, OR (III) WHICH OWNS OR LEASES TO ANY ENFRANCHISED
OR LICENSED ASSOCIATION OR CORPORATION A RACETRACK AT WHICH  PARI-MUTUEL
RACING  IS  CONDUCTED OR FACILITY WHERE GAMING ACTIVITY IS CONDUCTED, OR
(IV) WHICH PARTICIPATES IN THE MANAGEMENT OF  ANY  FRANCHISE  HOLDER  OR
LICENSEE  CONDUCTING GAMING OR HORSE RACING ACTIVITIES OR GAMING SERVICE
ENTERPRISE; OR
  (B) HOLD ANY OFFICE OR EMPLOYMENT WITH ANY FIRM, ASSOCIATION OR CORPO-
RATION SPECIFIED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  EXCEPT  AS
PROVIDED IN SUBDIVISION NINE OF THIS SECTION; OR
  (C)  SELL,  OR BE A MEMBER OF A FIRM, OR OWN TEN PER CENTUM OR MORE OF
THE STOCK OF ANY CORPORATION, WHICH SELLS ANY GOODS OR SERVICES  TO  ANY
FIRM,  ASSOCIATION  OR  CORPORATION  SPECIFIED  IN PARAGRAPH (A) OF THIS
SUBDIVISION.
  9. THE PROVISIONS OF  PARAGRAPH  (B)  OF  SUBDIVISION  EIGHT  OF  THIS
SECTION  SHALL  NOT APPLY TO A PUBLIC EMPLOYEE OTHER THAN AN EMPLOYEE OF
THE COMMISSION, A POLICE OFFICER OR A PEACE OFFICER EMPLOYED BY A  SHER-
IFF'S  OFFICE,  DISTRICT  ATTORNEY'S  OFFICE OR OTHER STATE OR LOCAL LAW
ENFORCEMENT AGENCY, OR THOSE EMPLOYEES CLASSIFIED AS  MANAGEMENT  CONFI-
DENTIAL  EMPLOYEES PURSUANT TO SECTION TWO HUNDRED FOURTEEN OF THE CIVIL
SERVICE LAW WHO ARE EMPLOYED BY A STATE OR LOCAL LAW ENFORCEMENT  AGENCY
OR  REGIONAL  OFF-TRACK  BETTING  CORPORATION;  PROVIDED,  HOWEVER, THAT

S. 6260                            11                            A. 9060

EMPLOYMENT OF EMPLOYEES OF A POLITICAL SUBDIVISION MAY BE PROHIBITED  BY
ORDINANCE, RESOLUTION OR LOCAL LAW ADOPTED BY THE LOCAL LEGISLATIVE BODY
OR OTHER GOVERNING BOARD OF SUCH POLITICAL SUBDIVISION.
  10.  THE  COMMISSION  SHALL  HAVE  THE  POWER TO REFUSE TO GRANT OR TO
REVOKE OR SUSPEND A LICENSE OF ANY PERSON,  ASSOCIATION  OR  CORPORATION
THAT  AIDS  OR KNOWINGLY PERMITS OR CONSPIRES TO PERMIT ANY PUBLIC OFFI-
CER, PUBLIC EMPLOYEE OR PARTY OFFICER TO ACQUIRE OR RETAIN ANY  INTEREST
PROHIBITED  BY THIS SECTION AND SHALL HAVE THE POWER TO EXCLUDE FROM THE
GROUNDS OF ANY RACING ASSOCIATION ANY SUCH PERSON, ASSOCIATION OR CORPO-
RATION.
  11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN ADDITION TO ANY
OTHER CAUSE OF REMOVAL PROVIDED BY LAW, AN INTENTIONAL VIOLATION OF THIS
SECTION SHALL BE CAUSE FOR REMOVAL FROM PUBLIC OFFICE, PUBLIC EMPLOYMENT
OR PARTY OFFICE. IN ANY SUCH CASE, SUCH PUBLIC OFFICER, PUBLIC  EMPLOYEE
OR  PARTY OFFICER VIOLATING THIS SECTION SHALL BE REMOVED FROM OFFICE BY
THE APPROPRIATE AUTHORITY HAVING THE POWER OF REMOVAL OR AT THE SUIT  OF
THE  ATTORNEY  GENERAL. FURTHER, SUCH PUBLIC OFFICER, PUBLIC EMPLOYEE OR
PARTY OFFICER SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE  THAN  TEN
THOUSAND DOLLARS.
  S  108.  CERTAIN  RESTRICTIONS ON WAGERING. 1. NO CORPORATION, ASSOCI-
ATION OR PERSON WHICH HOLDS A LICENSE, REGISTRATION, FRANCHISE,  CERTIF-
ICATE  OR  PERMIT  ISSUED BY THE COMMISSION SHALL DIRECTLY EXTEND CREDIT
FOR ANY WAGER UNDER THIS CHAPTER.
  2. NO CORPORATION, ASSOCIATION OR PERSON THAT HOLDS A LICENSE,  REGIS-
TRATION, FRANCHISE, CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION SHALL
PERMIT  ANY PERSON WHO IS ACTUALLY OR APPARENTLY UNDER EIGHTEEN YEARS OF
AGE TO BET ON GAMING ACTIVITY, AS DEFINED IN SUBDIVISION FIVE OF SECTION
ONE HUNDRED ONE OF THIS ARTICLE.
  S 109. SUPPLEMENTARY REGULATORY POWERS OF THE  COMMISSION.    NOTWITH-
STANDING  ANY  INCONSISTENT PROVISION OF LAW, THE COMMISSION THROUGH ITS
RULES AND REGULATIONS OR IN ALLOTTING DATES FOR RACING, SIMULCASTING  OR
IN  LICENSING  RACE  MEETINGS  AT WHICH PARI-MUTUEL BETTING IS PERMITTED
SHALL BE AUTHORIZED TO:
  (A) PERMIT RACING AT WHICH PARI-MUTUEL BETTING IS CONDUCTED ON ANY  OR
ALL  DATES FROM THE FIRST DAY OF JANUARY THROUGH THE THIRTY-FIRST DAY OF
DECEMBER, INCLUSIVE OF SUNDAYS; AND
  (B) FIX MINIMUM AND MAXIMUM CHARGES FOR ADMISSION AT ANY RACE MEETING.
  S 110. STATEMENT OF STOCKHOLDERS TO BE  FILED.  EVERY  CORPORATION  OR
ASSOCIATION AUTHORIZED UNDER THIS CHAPTER TO CONDUCT PARI-MUTUEL BETTING
AT  A RACE MEETING OR RACES RUN THEREAT SHALL FILE WITH THE COMMISSION A
STATEMENT GIVING THE NAMES AND ADDRESSES OF  ALL  ITS  STOCKHOLDERS  AND
SHALL  LIKEWISE  FILE REVISED STATEMENTS GIVING SUCH NAMES AND ADDRESSES
FROM TIME TO TIME AS CHANGES OCCUR.
  S 111. COMPULSIVE GAMBLING ASSISTANCE. 1. THE COMMISSION SHALL COOPER-
ATE WITH THE COMMISSIONER OF MENTAL HEALTH  TO  ENSURE  THE  POSTING  OF
SIGNS  AND  LISTING  OF  INFORMATION  ON THE INTERNET DESIGNED TO ASSIST
COMPULSIVE GAMBLERS PURSUANT TO THE PROVISIONS  OF  SUBDIVISION  (G)  OF
SECTION 7.09 OF THE MENTAL HYGIENE LAW.
  2.  (A) THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS PURSUANT
TO WHICH PEOPLE MAY VOLUNTARILY EXCLUDE  THEMSELVES  FROM  ENTERING  THE
PREMISES  OF  AN  ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED BY
THE COMMISSION PURSUANT TO THIS CHAPTER.
  (B) AN ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED PURSUANT TO
THIS CHAPTER SHALL NOT BE LIABLE TO ANY SELF-EXCLUDED PERSON OR  TO  ANY
OTHER  PARTY IN ANY JUDICIAL PROCEEDING FOR ANY HARM, MONETARY OR OTHER-

S. 6260                            12                            A. 9060

WISE, WHICH MAY ARISE AS A RESULT OF A SELF-EXCLUDED  PERSON'S  ENGAGING
IN GAMING ACTIVITY WHILE ON THE LIST OF SELF-EXCLUDED PERSONS.
  (C) NO VOLUNTARY ORDER OR REQUEST TO EXCLUDE PERSONS FROM ENTERING THE
PREMISES  OF  ANY  SUCH  ASSOCIATION,  CORPORATION,  OR  FACILITY MAY BE
RESCINDED, CANCELED, OR DECLARED NULL AND VOID UNTIL SEVEN DAYS AFTER  A
REQUEST  HAS BEEN RECEIVED BY SUCH ASSOCIATION, CORPORATION, OR FACILITY
TO CANCEL SUCH ORDER OR REQUEST.
  3. THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS UNDER WHICH A
PERSON WITH AN ACCOUNT  AUTHORIZED  PURSUANT  TO  SECTION  ONE  THOUSAND
TWELVE  OF  THIS  CHAPTER MAY VOLUNTARILY PLACE LIMITS ON THE AMOUNTS OF
HIS OR HER WAGERS OR POTENTIAL WAGERS ON A DAILY  OR  WEEKLY  BASIS.  NO
ORDER  FROM  A PERSON TO REMOVE ANY LIMIT PLACED ON ACCOUNT WAGERS SHALL
BE EFFECTIVE UNTIL SEVEN DAYS AFTER IT HAS BEEN RECEIVED BY  THE  ENTITY
CONDUCTING ACCOUNT WAGERING.
  S  112.  PARI-MUTUEL OPERATIONS; FILING OF TAX FORMS AND OTHER STATIS-
TICS. THE COMMISSION AND THE COMMISSIONER OF TAXATION AND FINANCE  SHALL
APPROVE  ALL  SYSTEMS USED FOR DATA PROCESSING AND COMMUNICATIONS IN THE
OPERATION OF PARI-MUTUEL BETTING AND, IN ITS DISCRETION, THE  COMMISSION
MAY  ESTABLISH,  BY REGULATION, UNIFORM PROTOCOLS TO BE EMPLOYED FOR THE
MERGING OF WAGERS DEPOSITED  WITH  ONE  PARI-MUTUEL  OPERATOR  WITH  THE
WAGERS DEPOSITED WITH ANOTHER PARI-MUTUEL OPERATOR.
  S  113.  FILING  OF  PARI-MUTUEL  TAX RETURNS OR REPORTS BY ELECTRONIC
MEANS. EVERY CORPORATION OR ASSOCIATION AUTHORIZED BY  THIS  CHAPTER  TO
CONDUCT PARI-MUTUEL BETTING ON HORSE RACES SHALL FILE IN A TIMELY MANNER
PARI-MUTUEL  TAX  RETURNS  OR OTHER REPORTS RELATING TO SUCH ACTIVITY IN
SUCH FORM AND BY SUCH MEANS,  INCLUDING  ELECTRONIC  MEANS,  AS  MAY  BE
PRESCRIBED  BY  THE  COMMISSION  OR  THE  COMMISSIONER  OF  TAXATION AND
FINANCE, AS THE CASE MAY BE IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS
CHAPTER.
  S  114. PRACTICE AND PROCEDURE. THE PROVISIONS OF ARTICLE TWENTY-SEVEN
OF THE TAX LAW, EXCEPT SECTIONS ONE THOUSAND EIGHTY-FIVE AND  ONE  THOU-
SAND  NINETY-SEVEN, SHALL APPLY TO THE PROVISIONS OF THIS CHAPTER IN THE
SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS  IF  THE  LANGUAGE  OF
SUCH  ARTICLE  HAD  BEEN  INCORPORATED IN FULL INTO THIS CHAPTER AND HAD
EXPRESSLY REFERRED TO THE ADMISSION TAXES,  PARI-MUTUEL  REVENUE  TAXES,
THE  FRANCHISE  FEE  ON A NON-PROFIT RACING ASSOCIATION AND UNPAID MONEY
DUE ON ACCOUNT OF PARI-MUTUEL TICKETS NOT PRESENTED, ADMINISTERED BY THE
COMMISSIONER OF TAXATION AND FINANCE,  UNDER  THIS  CHAPTER,  WITH  SUCH
MODIFICATIONS AS MAY BE NECESSARY IN ORDER TO ADAPT THE LANGUAGE OF SUCH
PROVISIONS TO SUCH TAXES, FEE AND UNPAID MONEY DUE, EXCEPT TO THE EXTENT
THAT  ANY  PROVISION  OF  SUCH  ARTICLE  IS  EITHER  INCONSISTENT WITH A
PROVISION OF THIS CHAPTER OR IS NOT RELEVANT TO THIS CHAPTER.
  S 115. REGULATORY FEES. IN  ADDITION  TO  ANY  OTHER  REGULATORY  FEES
IMPOSED  BY  THIS CHAPTER, ALL PERSONS AND ENTITIES REQUIRED TO OBTAIN A
LICENSE, PERMIT OR APPROVAL OR SUBJECT TO REGULATION BY  THE  COMMISSION
SHALL  SUBMIT TO THE COMMISSION FEES IN AMOUNTS AND UNDER SUCH TERMS AND
CONDITIONS AS ARE DETERMINED BY THE COMMISSION TO BE NECESSARY TO EQUIT-
ABLY DEFRAY THE COSTS OF REGULATING GAMING ACTIVITY  WITHIN  THE  STATE;
PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE THE COMMISSION TO
COLLECT  ANY  ASSESSMENT  RELATING  TO AN INDIAN GAMING FACILITY THAT IS
OPERATED PURSUANT TO A TRIBAL-STATE GAMING COMPACT THAT  IS  IN  EFFECT,
EXCEPT  AS  PROVIDED  IN SUCH TRIBAL-STATE GAMING COMPACT PURSUANT TO 25
U.S.C. 2701(D)(3)(C)(III).
  S 116. PENALTIES. NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  LAW,
ANY PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF THIS CHAPTER, OR ANY
RULE,  REGULATION  OR ORDER PROMULGATED THERETO, OR THE TERMS AND CONDI-

S. 6260                            13                            A. 9060

TIONS OF ANY LICENSE, PERMIT OR APPROVAL  ISSUED  THEREUNDER,  SHALL  BE
LIABLE  TO  A  CIVIL PENALTY OF NOT MORE THAN FIFTY THOUSAND DOLLARS FOR
EACH VIOLATION, AND AN ADDITIONAL CIVIL PENALTY OF NOT MORE  THAN  FIFTY
THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. ANY
CIVIL  PENALTY  MAY BE ASSESSED BY THE COMMISSION FOLLOWING A HEARING OR
OPPORTUNITY TO BE HEARD.
  S 117.  TRANSFER  OF  FUNCTIONS.  ALL  OF  THE  FUNCTIONS  AND  POWERS
POSSESSED  BY  AND  THE  OBLIGATIONS AND DUTIES OF THE FORMER RACING AND
WAGERING BOARD AND ITS PREDECESSORS AND THE DIVISION OF THE LOTTERY  AND
ITS PREDECESSORS ARE HEREBY TRANSFERRED TO THE COMMISSION.
  S  118.  TRANSFER  OF  EMPLOYEES.  1.  UPON THE TRANSFER OF FUNCTIONS,
POWERS, DUTIES AND OBLIGATIONS TO THE COMMISSION PURSUANT TO THIS  ARTI-
CLE, PROVISION SHOULD BE MADE FOR THE TRANSFER TO THE COMMISSION OF SUCH
EMPLOYEES  OF  THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND
WAGERING BOARD WHO ARE ENGAGED IN CARRYING OUT  SUCH  FUNCTIONS  AS  THE
CHAIR OF THE COMMISSION MAY DEEM NECESSARY FOR THE EXERCISE OF THE FUNC-
TIONS  HEREIN  TRANSFERRED  TO  THE COMMISSION. EMPLOYEES SO TRANSFERRED
SHALL BE TRANSFERRED WITHOUT FURTHER EXAMINATION  OR  QUALIFICATION  AND
SHALL  RETAIN THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATIONS AND STATUS.
FOR THE PURPOSE OF DETERMINING THE EMPLOYEES HOLDING PERMANENT  APPOINT-
MENTS  IN  COMPETITIVE CLASS POSITIONS TO BE TRANSFERRED, SUCH EMPLOYEES
SHALL BE SELECTED WITHIN EACH CLASS OF POSITIONS IN THE ORDER  OF  THEIR
ORIGINAL  APPOINTMENT,  WITH  DUE  REGARD  TO THE RIGHT OF PREFERENCE IN
RETENTION OF DISABLED AND NON-DISABLED VETERANS. ANY SUCH EMPLOYEE  WHO,
AT THE TIME OF SUCH TRANSFER, HAS A TEMPORARY OR PROVISIONAL APPOINTMENT
SHALL  BE  TRANSFERRED SUBJECT TO THE SAME RIGHT OF REMOVAL, EXAMINATION
OR TERMINATION AS THOUGH SUCH TRANSFER  HAD  NOT  BEEN  MADE.  EMPLOYEES
HOLDING  PERMANENT  APPOINTMENTS  IN COMPETITIVE CLASS POSITIONS WHO ARE
NOT TRANSFERRED PURSUANT TO THIS SECTION SHALL HAVE THEIR NAMES  ENTERED
UPON  AN  APPROPRIATE  PREFERRED  LIST FOR REINSTATEMENT PURSUANT TO THE
CIVIL SERVICE LAW.
  2. A TRANSFERRED EMPLOYEE SHALL REMAIN IN THE SAME COLLECTIVE BARGAIN-
ING UNIT AS WAS THE CASE PRIOR TO HIS OR HER TRANSFER; SUCCESSOR EMPLOY-
EES TO THE POSITIONS HELD BY SUCH TRANSFERRED EMPLOYEES SHALL,  CONSIST-
ENT WITH THE PROVISIONS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, BE
INCLUDED  IN  THE  SAME UNIT AS THEIR PREDECESSORS. EMPLOYEES OTHER THAN
MANAGEMENT OR CONFIDENTIAL PERSONS AS DEFINED IN ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW SERVING POSITIONS IN NEWLY  CREATED  TITLES  SHALL  BE
ASSIGNED  TO  THE  APPROPRIATE BARGAINING UNIT. NOTHING CONTAINED HEREIN
SHALL BE CONSTRUED TO AFFECT:
  (A) THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREE-
MENT;
  (B) THE REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE ORGANIZATIONS OR
THE BARGAINING RELATIONSHIPS BETWEEN THE STATE AND AN EMPLOYEE ORGANIZA-
TION; OR
  (C) EXISTING LAW WITH RESPECT TO AN APPLICATION TO THE PUBLIC  EMPLOY-
MENT RELATIONS BOARD, PROVIDED, HOWEVER, THAT THE MERGER OF SUCH NEGOTI-
ATING  UNITS OF EMPLOYEES SHALL BE EFFECTED ONLY WITH THE CONSENT OF THE
RECOGNIZED AND CERTIFIED REPRESENTATIVE OF SUCH UNITS AND OF THE DEPART-
MENT OF LAW.
  S 119. TRANSFER OF RECORDS. ALL BOOKS, PAPERS, RECORDS AND PROPERTY OF
THE FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING  BOARD
WITH  RESPECT  TO  THE  FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS TRANS-
FERRED BY THIS ARTICLE ARE TO BE DELIVERED TO THE APPROPRIATE  SUCCESSOR
OFFICES  WITHIN  THE  COMMISSION,  AT  SUCH  PLACE AND TIME, AND IN SUCH
MANNER AS THE CHAIR OF THE COMMISSION MAY REQUIRE.

S. 6260                            14                            A. 9060

  S 120. CONTINUITY OF AUTHORITY. FOR THE PURPOSE OF SUCCESSION  TO  ALL
FUNCTIONS,  POWERS, DUTIES AND OBLIGATIONS OF THE FORMER DIVISION OF THE
LOTTERY AND FORMER RACING AND WAGERING BOARD TRANSFERRED TO AND  ASSUMED
BY  THE  COMMISSION,  SUCH  COMMISSION  SHALL  BE  DEEMED TO AND HELD TO
CONSTITUTE  THE CONTINUATION OF SUCH FUNCTIONS, POWERS, DUTIES AND OBLI-
GATIONS, AND NOT A DIFFERENT AGENCY OR AUTHORITY.
  S 121. COMPLETION OF UNFINISHED BUSINESS. ANY BUSINESS OR OTHER MATTER
UNDERTAKEN OR COMMENCED BY THE FORMER DIVISION OF THE  LOTTERY  AND  THE
FORMER  RACING  AND  WAGERING  BOARD PERTAINING TO OR CONNECTED WITH THE
FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS TRANSFERRED  AND  ASSIGNED  TO
THE  STATE  GAMING  COMMISSION AND PENDING ON THE EFFECTIVE DATE OF THIS
ARTICLE SHALL BE CONDUCTED AND COMPLETED BY  THE  APPROPRIATE  SUCCESSOR
OFFICES  WITHIN  THE  COMMISSION  IN  THE SAME MANNER AND UNDER THE SAME
TERMS AND CONDITIONS AND WITH  THE  SAME  EFFECT  AS  IF  CONDUCTED  AND
COMPLETED  BY  THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND
WAGERING BOARD.
  S 122. CONTINUATION OF RULES AND REGULATIONS. ALL RULES,  REGULATIONS,
ACTS,  ORDERS,  DETERMINATIONS,  AND DECISIONS OF THE FORMER DIVISION OF
THE LOTTERY AND FORMER RACING AND WAGERING BOARD IN FORCE AT THE TIME OF
SUCH TRANSFER AND ASSUMPTION, SHALL CONTINUE  IN  FORCE  AND  EFFECT  AS
RULES,  REGULATIONS,  ACTS,  ORDERS, DETERMINATIONS AND DECISIONS OF THE
COMMISSION UNTIL DULY MODIFIED OR ABROGATED BY SUCH COMMISSION.
  S 123. TERMS OCCURRING IN LAWS, CONTRACTS AND OTHER DOCUMENTS.  UNLESS
THE CONTEXT SHALL OTHERWISE REQUIRE, WHENEVER THE "RACING  AND  WAGERING
BOARD"  OR  "BOARD",  "STATE  RACING  COMMISSION", "STATE HARNESS RACING
COMMISSION", "STATE QUARTER HORSE RACING COMMISSION",  OR  "DIVISION  OF
THE LOTTERY" ARE REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCU-
MENT  PERTAINING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES TRANS-
FERRED AND ASSIGNED TO THE COMMISSION,  SUCH  REFERENCE  OR  DESIGNATION
SHALL BE DEEMED TO REFER TO THE "STATE GAMING COMMISSION".
  S  124.  EXISTING  RIGHTS AND REMEDIES PRESERVED. NO EXISTING RIGHT OR
REMEDY OF ANY CHARACTER SHALL BE LOST, IMPAIRED OR AFFECTED BY REASON OF
THE TRANSFER OR ASSIGNMENT OF FUNCTIONS, POWERS, OBLIGATIONS AND  DUTIES
FROM  THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING
BOARD TO THE COMMISSION.
  S 125. PENDING ACTIONS OR PROCEEDINGS. NO ACTION OR PROCEEDING PENDING
AT THE TIME THAT THIS ARTICLE SHALL TAKE EFFECT RELATING  TO  THE  FUNC-
TIONS,  POWERS  AND  DUTIES  OF  THE  FORMER DIVISION OF THE LOTTERY AND
FORMER RACING AND WAGERING BOARD TRANSFERRED PURSUANT TO  THIS  ARTICLE,
BROUGHT  BY  OR  AGAINST  THE  FORMER  DIVISION OF THE LOTTERY OR FORMER
RACING AND WAGERING BOARD, OR THE OFFICERS THEREOF, SHALL BE AFFECTED BY
THE TRANSFER OR ASSIGNMENT OF FUNCTIONS, POWERS, OBLIGATIONS AND  DUTIES
FROM  THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING
BOARD TO THE COMMISSION, BUT THE SAME MAY BE PROSECUTED OR  DEFENDED  IN
THE  NAME  OF  THE  COMMISSION. IN ALL SUCH ACTIONS AND PROCEEDINGS, THE
COMMISSION, UPON APPLICATION TO THE COURT, SHALL  BE  SUBSTITUTED  AS  A
PARTY.
  S  126.  TRANSFER  OF  APPROPRIATIONS  HERETOFORE MADE. SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET, ANY AND ALL  APPROPRIATIONS  AND
REAPPROPRIATIONS  HERETOFORE MADE TO THE FORMER DIVISION OF THE LOTTERY,
STATE POLICE, AND FORMER RACING AND WAGERING BOARD FOR THE FUNCTIONS AND
PURPOSES TRANSFERRED BY THIS ARTICLE TO THE COMMISSION TO THE EXTENT  OF
REMAINING UNEXPENDED OR UNENCUMBERED BALANCES THEREOF, WHETHER ALLOCATED
OR  UNALLOCATED  AND WHETHER OBLIGATED OR UNOBLIGATED, ARE HEREBY TRANS-
FERRED TO AND MADE AVAILABLE FOR USE AND EXPENDITURE BY  THE  COMMISSION
FOR  THE  SAME PURPOSES FOR WHICH ORIGINALLY APPROPRIATED OR REAPPROPRI-

S. 6260                            15                            A. 9060

ATED AND SHALL BE PAYABLE ON VOUCHERS CERTIFIED OR APPROVED BY THE CHAIR
OF THE COMMISSION OR HIS OR HER DESIGNEE ON AUDIT  AND  WARRANT  OF  THE
COMPTROLLER. PAYMENTS FOR LIABILITIES FOR EXPENSES OF PERSONAL SERVICES,
MAINTENANCE  AND  OPERATION  HERETOFORE  INCURRED BY AND FOR LIABILITIES
INCURRED AND TO BE INCURRED IN COMPLETING  THE  AFFAIRS  OF  THE  FORMER
DIVISION  OF  THE  LOTTERY  AND  FORMER  RACING  AND WAGERING BOARD WITH
RESPECT TO THE POWERS, DUTIES AND FUNCTIONS  TRANSFERRED  HEREIN,  SHALL
ALSO  BE  MADE  ON VOUCHERS OR CERTIFICATES APPROVED BY THE CHAIR OF THE
COMMISSION OR HIS OR HER DESIGNEE ON AUDIT  AND  WARRANT  OF  THE  COMP-
TROLLER.
  S  127. TRANSFER OF ASSETS AND LIABILITIES. ALL ASSETS AND LIABILITIES
OF THE FORMER DIVISION OF THE LOTTERY AND  FORMER  RACING  AND  WAGERING
BOARD ARE HEREBY TRANSFERRED TO AND ASSUMED BY THE COMMISSION.
  S  128.  PROMULGATION  OF  RULES  AND REGULATIONS. NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF THE STATE ADMINISTRATIVE  PROCEDURE  ACT,  THE
COMMISSION SHALL BE AUTHORIZED TO PROMULGATE REGULATIONS ON AN EMERGENCY
BASIS TO ENSURE THE IMPLEMENTATION OF THIS ARTICLE.
  S  129.  CONSTRUCTION  OF OTHER LAWS OR PROVISIONS. UNLESS THE CONTEXT
SHALL REQUIRE OTHERWISE, THE TERMS "DIVISION  OF  THE  LOTTERY",  "STATE
QUARTER  HORSE  RACING  COMMISSION",  "STATE  RACING COMMISSION", "STATE
HARNESS RACING COMMISSION", "STATE RACING AND WAGERING BOARD" OR "BOARD"
WHEREVER OCCURRING IN ANY OF THE PROVISIONS OF THIS CHAPTER  OR  OF  ANY
OTHER  LAW,  OR,  IN  ANY OFFICIAL BOOKS, RECORDS, INSTRUMENTS, RULES OR
PAPERS, SHALL HEREAFTER MEAN AND REFER TO THE  STATE  GAMING  COMMISSION
CREATED  BY  SECTION  ONE HUNDRED TWO OF THIS ARTICLE. THE PROVISIONS OF
ARTICLE THREE OF THIS CHAPTER SHALL BE INAPPLICABLE TO  ARTICLE  TWO  OF
THIS CHAPTER; AND THE PROVISIONS OF SUCH ARTICLE TWO SHALL BE INAPPLICA-
BLE TO SUCH ARTICLE THREE, EXCEPT THAT SECTION TWO HUNDRED THIRTY-ONE OF
SUCH ARTICLE TWO SHALL APPLY TO SUCH ARTICLE THREE.
  S  2.  Subdivision  2  of section 186 of the general municipal law, as
amended by chapter 574 of the laws  of  1978,  is  amended  to  read  as
follows:
  2.  "Board"  shall  mean  New  York  state [racing and wagering board]
GAMING COMMISSION CREATED PURSUANT TO SECTION ONE  HUNDRED  TWO  OF  THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
  S  3.  Subdivision  2  of section 476 of the general municipal law, as
amended by chapter 46 of the  laws  of  1977,  is  amended  to  read  as
follows:
  2.  "Control commission" or "commission" shall mean the NEW YORK state
[racing and  wagering  board]  GAMING  COMMISSION  CREATED  PURSUANT  TO
SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW.
  S  4. Subdivision 1 of section 432 of the executive law, as amended by
chapter 46 of the laws of 1977, is amended to read as follows:
  1. "Control commission" or "commission" shall mean the NEW YORK  state
[racing  and  wagering  board]  GAMING  COMMISSION  CREATED  PURSUANT TO
SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW.
  S 5. The racing, pari-mutuel wagering and breeding law is  amended  by
adding a new article 12 to read as follows:
                                ARTICLE 12
               OFFICE OF RACING PROMOTION AND DEVELOPMENT
SECTION 1201. NEW YORK STATE OFFICE OF RACING PROMOTION AND DEVELOPMENT.
        1202. USE OF SERVICE EMPLOYEES.
  S  1201.  NEW  YORK  STATE OFFICE OF RACING PROMOTION AND DEVELOPMENT.
THERE IS HEREBY CREATED WITHIN THE NEW YORK STATE  GAMING  COMMISSION  A

S. 6260                            16                            A. 9060

SEPARATE AND INDEPENDENT OFFICE OF RACING PROMOTION AND DEVELOPMENT. THE
OFFICE  SHALL  PROMOTE  THE BREEDING OF HORSES AND THE CONDUCT OF EQUINE
RESEARCH IN THIS STATE AND  SHALL  ADMINISTER  THE  "STATE  THOROUGHBRED
BREEDING  AND  DEVELOPMENT  FUND", "AGRICULTURE AND NEW YORK STATE HORSE
BREEDING DEVELOPMENT FUND" AND "NEW YORK STATE  QUARTER  HORSE  BREEDING
AND DEVELOPMENT FUND CORPORATION."
  S  1202.  USE OF SERVICE EMPLOYEES. THE OFFICE SHALL UTILIZE, PURSUANT
TO A CONTRACT APPROVED BY  THE  DIRECTOR  OF  THE  BUDGET,  THE  SERVICE
EMPLOYEES OF THE STATE GAMING COMMISSION.
  S  6.  Sections  1602 and 1603 of the tax law are REPEALED and two new
sections 1602 and 1603 are added to read as follows:
  S 1602. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "LOTTERY" MEANS THE LOTTERY OPERATED BY THE STATE PURSUANT TO  THIS
ARTICLE.
  2.  "DIVISION":  (A) MEANS THE DIVISION OF THE LOTTERY, AS ESTABLISHED
WITHIN THE NEW YORK STATE GAMING COMMISSION; AND (B) FOR THE PURPOSES OF
SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THIS ARTICLE, THE TERM  "DIVISION
OF  THE LOTTERY" OR "DIVISION" MEANS THE "DIVISION OF GAMING" AS CREATED
PURSUANT TO SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL  WAGERING
AND BREEDING LAW.
  3.  "COMMISSIONER"  MEANS  THE COMMISSIONER OF TAXATION AND FINANCE OR
HIS OR HER DULY APPOINTED DELEGATE.
  4. "COMMISSION" MEANS THE NEW YORK STATE GAMING COMMISSION.
  5. "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF THE LOTTERY.
  S 1603. DIVISION OF THE LOTTERY. THERE IS HEREBY  CREATED  WITHIN  THE
COMMISSION THE DIVISION OF THE LOTTERY.
  S  7. Subdivision 3 of section 252 of the racing, pari-mutuel wagering
and breeding law, such section as renumbered by chapter 18 of  the  laws
of 2008, is amended to read as follows:
  3.  The board may delegate to one or more of the directors[,] OR offi-
cers[, agents or employees] of the fund such powers and duties as it may
deem proper and [may] SHALL utilize, pursuant to a contract approved  by
the  director  of  the budget, the service employees of the state racing
and wagering board AND THE STATE OFFICE OF RACING PROMOTION AND DEVELOP-
MENT.
  S 8. Section 330 of the racing, pari-mutuel wagering and breeding law,
the opening paragraph as amended by chapter 197 of the laws of 2007,  is
amended to read as follows:
  S 330. Agriculture and New York state horse breeding development fund.
1.  There is hereby created within the state [racing and wagering board]
GAMING COMMISSION the "agriculture and New  York  state  horse  breeding
development  fund".  Such  fund  shall  be  a body corporate and politic
constituting a public benefit corporation. It shall be  administered  by
the commissioner of agriculture and markets, the [chairman] CHAIR of the
New  York  state [racing and wagering board] GAMING COMMISSION or his or
her designee, and [the chairman and] THREE members of the state [harness
racing] GAMING commission as [reconstituted pursuant to article  one  of
this  chapter]  DESIGNATED  BY THE GOVERNOR.   Members shall continue to
hold office until their successors  are  appointed  and  qualified.  The
[chairman]  CHAIR  shall  be  designated by the members of the fund. The
members of the fund shall receive no  compensation  from  the  fund  for
their  services  as such members but shall be reimbursed by the fund for
the expenses actually and necessarily incurred by them in  the  perform-
ance of their duties under sections two hundred twenty-two through seven
hundred  five  of this chapter. Such fund shall have perpetual existence
and shall exercise all powers authorized by this chapter and  reasonably

S. 6260                            17                            A. 9060

necessary  for  accomplishing its purposes.   Such powers shall be exer-
cised in the name of the fund.
  2. THE BOARD MAY DELEGATE TO ONE OR MORE OF THE MEMBERS OR OFFICERS OF
THE FUND SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER AND SHALL UTILIZE,
PURSUANT  TO  A  CONTRACT  APPROVED  BY  THE DIRECTOR OF THE BUDGET, THE
SERVICE EMPLOYEES OF THE STATE RACING AND WAGERING BOARD AND  THE  STATE
OFFICE OF RACING PROMOTION AND DEVELOPMENT.
  3.  The  fund  is created in order that it may promote the breeding of
horses and the conduct of equine research  in  this  state  on  its  own
responsibility  and  under its own business management. The policy, good
faith and interest of the state are concerned with  the  management  and
development of the fund and are committed to promotion of horse breeding
and  equine  research in this state in active cooperation with the fund.
The promotion and encouragement of equine research shall  be  through  a
fund  of  a  land  grant  university  within  this  state with a regents
approved veterinary college facility. Nothing herein, however, shall  be
deemed in any way to obligate the state to any bondholder or other cred-
itor of the fund.
  4. The fund is directed to report annually, on or before January thir-
ty-first, to the governor and the legislature, on the state of the stan-
dardbred  breeding  industry  in this state. Such reports shall include,
but not be limited to, the impact of the fund's programs on the breeding
and racing aspects of  the  industry;  economic  factors  affecting  the
industry such as employment and employment growth, state and local bene-
fits  of breeding farms, income and the production of income within this
state, economic comparisons with other  states;  and  data  relative  to
mares  and  stallions standing in this state to include such information
as the number in this state, racing quality  as  measured  by  wins  and
stakes won and placed and money won, the number of foals and foal racing
quality as measured by sales value and number of starts, races and money
won,  the  progeny  quality,  including earnings, and the success of New
York-breds nationally.
  The fund is further directed to incorporate into its reports  comments
from  spokesmen  representing  all  segments  of the industry as well as
recommendations on preserving and enhancing  the  standardbred  breeding
industry in this state.
  S  9. Subdivision 3 of section 431 of the racing, pari-mutuel wagering
and breeding law is amended to read as follows:
  3. The board may delegate to one or more of the directors[,] OR  offi-
cers[, agents or employees] of the fund such powers and duties as it may
deem  proper and [may] SHALL utilize, pursuant to a contract approved by
the director of the budget, the service employees of  the  state  racing
and wagering board AND THE STATE OFFICE OF RACING PROMOTION AND DEVELOP-
MENT.
  S  10.  Subdivision 1 of section 169 of the executive law, as added by
chapter 986 of the laws of 1984, paragraph (a) as amended by section  94
of subpart B of part C of chapter 62 of the laws of 2011, paragraphs (b)
and  (e) as amended by section 14 of part A of chapter 62 of the laws of
2011, paragraph (c) as separately amended by section 66 of  part  A  and
section  2 of part W of chapter 56 of the laws of 2010, paragraph (d) as
amended by chapter 220 of the laws of 2005, and paragraph (f)  as  sepa-
rately amended by section 1 of part E and section 1 of part H of chapter
57 of the laws of 2011, is amended to read as follows:
  1.  Salaries of certain state officers holding the positions indicated
hereinbelow shall be as set forth in subdivision two of this section:

S. 6260                            18                            A. 9060

  (a) commissioner of corrections and community supervision, commission-
er of education, commissioner of health, commissioner of mental  health,
commissioner of developmental disabilities, commissioner of children and
family  services,  commissioner  of temporary and disability assistance,
chancellor  of  the state university of New York, commissioner of trans-
portation, commissioner of environmental conservation, superintendent of
state police, commissioner of general services and commissioner  of  the
division of homeland security and emergency services;
  (b)  commissioner  of  labor,  chairman  of public service commission,
commissioner  of  taxation  and  finance,  superintendent  of  financial
services,  commissioner of criminal justice services, CHAIR OF THE STATE
GAMING COMMISSION and commissioner of  parks,  recreation  and  historic
preservation;
  (c)  commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services,  adjutant  general,  commissioner  and
president  of  state  civil service commission, commissioner of economic
development, chair of the energy  research  and  development  authority,
president  of  higher  education  services  corporation, commissioner of
motor vehicles, member-chair of board of parole, chair of public employ-
ment relations board, secretary of state, [chair of the state racing and
wagering  board,]  commissioner  of  alcoholism  and   substance   abuse
services, executive director of the housing finance agency, commissioner
of  housing and community renewal, executive director of state insurance
fund, commissioner-chair of state liquor authority, chair of  the  work-
ers' compensation board;
  (d)  director  of  office for the aging, commissioner of human rights,
commissioners of the department of public  service,  chairman  of  state
commission  on  quality  of  care for the mentally disabled, chairman of
commission on alcoholism and substance abuse prevention  and  education,
executive  director of the council on the arts and executive director of
the board of social welfare;
  (e) chairman of state athletic commission, director of the  office  of
victim  services, chairman of human rights appeal board, chairman of the
industrial board  of  appeals,  chairman  of  the  state  commission  of
correction, members of the board of parole, members of the state [racing
and  wagering  board] GAMING COMMISSION, member-chairman of unemployment
insurance appeal board, director of veterans' affairs, and vice-chairman
of the workers' compensation board;
  (f) executive director of adirondack park  agency,  members  of  state
commission  of  correction,  members  of  unemployment  insurance appeal
board, and members of the workers' compensation board.
  S 11. Terms. (a) Wherever the term "racing and wagering board", "state
racing commission" or "state harness racing commission" appears  in  the
executive  law,  the general municipal law, article 34 of the tax law or
the racing, pari-mutuel wagering and breeding law or  otherwise  in  the
consolidated  or  unconsolidated laws of this state, such term is hereby
changed to "state gaming commission".
  (b) Wherever the terms "chairman of the racing and wagering board", or
"director of the division of the lottery" appear in article  34  of  the
tax law, or otherwise in the consolidated or unconsolidated laws of this
state,  such  terms  are  hereby  changed  to "chair of the state gaming
commission".
  (c) The legislative bill drafting commission  is  hereby  directed  to
effectuate  this  provision,  and  shall  be  guided  by a memorandum of
instruction setting forth the specific provisions of law to be  amended.
Such  memorandum  shall  be transmitted to the legislative bill drafting

S. 6260                            19                            A. 9060

commission within sixty days of the effective date  of  this  provision.
Such  memorandum  shall be issued jointly by the governor, the temporary
president of the senate and the speaker of the assembly, or by the dele-
gate of each.
  S 12. Subdivision 1 of section 252 of the racing, pari-mutuel wagering
and breeding law, as amended by chapter 197 of the laws of 2007 and such
section  as  renumbered by chapter 18 of the laws of 2008, is amended to
read as follows:
  1. A corporation to be known as the New York state thoroughbred breed-
ing and development fund corporation is hereby created. Such corporation
shall be a body corporate and  politic  constituting  a  public  benefit
corporation. It shall be administered by a board of directors consisting
of  the [chairman] CHAIR of the state [racing and wagering board] GAMING
COMMISSION or his or her designee, the commissioner of  agriculture  and
markets, [the]  THREE members of the state [racing] GAMING commission as
[defined  in  section  one hundred three of this chapter,] DESIGNATED BY
THE GOVERNOR and six members appointed by the governor, all of whom  are
experienced  or  have been actively engaged in the breeding of thorough-
bred horses in New York state,  one,  the  president  or  the  executive
director of the statewide thoroughbred breeders association representing
the  majority of breeders of registered thoroughbreds in New York state,
one upon the recommendation of the majority leader of  the  senate,  one
upon  the  recommendation  of  the speaker of the assembly, one upon the
recommendation of the minority leader of the senate, and  one  upon  the
recommendation  of  the  minority  leader  of  the  assembly. Two of the
appointed members shall initially serve for a two year term, two of  the
appointed members shall initially serve for a three year term and two of
the  appointed  members shall initially serve for a four year term.  All
successors appointed members shall serve  for  a  four  year  term.  All
members  shall  continue  in  office  until  their  successors have been
appointed and qualified. The governor shall  designate  the  chair  from
among the sitting members who shall serve as such at the pleasure of the
governor.
  S 13. This act shall take effect May 1, 2012.

                                 PART B

  Section  1.  The section heading and subdivision 1 of section 5 of the
civil service law, as added by chapter 790 of  the  laws  of  1958,  are
amended to read as follows:
  Department  of  [civil  service]  WORKFORCE  MANAGEMENT;  state  civil
service commission.
  1. The department. There shall [continue to] be in the  state  govern-
ment  a department of [civil service] WORKFORCE MANAGEMENT.  The head of
the department shall be the president of the state civil service commis-
sion who shall be responsible for the discharge of the duties and  func-
tions of the department.
  S  2.  Section  7  of the civil service law is amended by adding a new
subdivision 7 to read as follows:
  7. THE PRESIDENT OF THE COMMISSION SHALL PROMOTE HARMONIOUS AND  COOP-
ERATIVE RELATIONSHIPS BETWEEN THE STATE AND ITS EMPLOYEES TO PROTECT THE
PUBLIC  BY  ASSURING,  AT ALL TIMES, THE ORDERLY AND UNINTERRUPTED OPER-
ATIONS AND  FUNCTIONS  OF  STATE  GOVERNMENT;  ASSIST  THE  GOVERNOR  IN
CONDUCTING COLLECTIVE NEGOTIATIONS; ASSURE THE PROPER IMPLEMENTATION AND
ADMINISTRATION  OF AGREEMENTS REACHED PURSUANT TO SUCH NEGOTIATIONS; AND
ASSIST THE GOVERNOR AND DIRECT AND COORDINATE THE STATE'S  EFFORTS  WITH

S. 6260                            20                            A. 9060

REGARD TO THE STATE'S POWERS AND DUTIES UNDER THE PUBLIC EMPLOYEES' FAIR
EMPLOYMENT ACT.
  S  3.  Transfer  of  powers of the department of civil service and the
office of employee relations to the department of workforce  management.
The  functions  and  powers  possessed by and all of the obligations and
duties of the department of civil service, as  established  pursuant  to
chapter  7  of  the consolidated laws, shall be transferred and assigned
to, and assumed by  and  devolved  upon,  the  department  of  workforce
management.  The  functions and powers possessed by and all of the obli-
gations and duties of the office of employee relations,  as  established
pursuant  to  article  24  of the executive law shall be transferred and
assigned to, and assumed by and devolved upon, the department  of  work-
force management.
  S  4.  Transfer  of  employees. (i) All employees of the department of
civil service shall  be  transferred  to  the  department  of  workforce
management.  This transfer of employees shall be deemed to be a transfer
of function pursuant to subdivision 2 of section 70 of the civil service
law. Officers and employees of the state  department  of  civil  service
shall  be  transferred without further examination or qualification, and
shall retain their respective civil service classification,  status  and
bargaining unit representation.
  (ii) All employees in the office of employee relations shall be trans-
ferred  to  the  department  of  workforce  management. This transfer of
employees shall be deemed to be  a  transfer  of  function  pursuant  to
subdivision  2  of  section  70  of  the civil service law. Officers and
employees of the office of employee relations shall be transferred with-
out further examination or qualification, and shall retain their respec-
tive civil service classification, status and bargaining unit  represen-
tation.
  S  5.  Abolition  of the department of civil service and the office of
employee relations.  Upon the transfer pursuant to this act of the func-
tions and powers possessed by and all of the obligations and  duties  of
the department of civil service and the office of employee relations, as
established  pursuant  to  the civil service law, the executive law, and
other laws, the department of civil service and the office  of  employee
relations shall be abolished.
  S  6.  Continuity  of  authority  of  the civil service department and
office of employee relations. Except as herein otherwise provided,  upon
the  transfer pursuant to this act of the functions and powers possessed
by, and all of the obligations and duties of, the civil service  depart-
ment and the office of employee relations as established pursuant to the
civil  service  law, the executive law and other laws, to the department
of workforce management as prescribed by this act, for  the  purpose  of
succession  all functions, powers, duties and obligations of the depart-
ment of workforce management shall be deemed and be held  to  constitute
the  continuation  of such functions, powers, duties and obligations and
not those of a different agency.
  S 7. Transfer of records of  the  civil  service  department  and  the
office  of employee relations. Upon the transfer pursuant to this act of
the functions and powers possessed by and all  of  the  obligations  and
duties  of  the  civil  service  department  and  the office of employee
relations as established pursuant to the civil service law,  the  execu-
tive  law  and  other laws, to the department of workforce management as
prescribed by this act, all books, papers, records and property pertain-
ing to the civil service department and the office of employee relations

S. 6260                            21                            A. 9060

shall be transferred to and maintained by the  department  of  workforce
management, as appropriate.
  S 8. Completion of unfinished business of the civil service department
and the office of employee relations. Upon the transfer pursuant to this
act  of the functions and powers possessed by and all of the obligations
and duties of the civil service department and the  office  of  employee
relations  as  established pursuant to the civil service law, the execu-
tive law and other laws, to the department of  workforce  management  as
prescribed  by  this  act,  any  business  or other matter undertaken or
commenced by the civil service department and  the  office  of  employee
relations  pertaining  to or connected with the functions, powers, obli-
gations and duties so transferred and  assigned  to  the  department  of
workforce  management may be conducted or completed by the department of
workforce management, as appropriate.
  S 9. Terms occurring in laws,  contracts  or  other  documents  of  or
pertaining  to  the  civil service department and the office of employee
relations. Upon the transfer pursuant to this act of the  functions  and
powers  possessed  by and all of the obligations and duties of the civil
service department and the office of employee relations  as  established
pursuant  to the civil service law, the executive law and other laws, as
prescribed by this act, whenever the civil service  department  and  the
president  thereof  or the office of employee relations and the director
thereof, the functions, powers, obligations  and  duties  of  which  are
transferred  to  the department of workforce management, are referred to
or designated in any law, regulation, contract or document pertaining to
the functions, powers, obligations and duties transferred  and  assigned
pursuant  to  this act, such reference or designation shall be deemed to
refer to the department of workforce management and  its  president.  In
the case of any boards or other organizations where the president of the
civil  service  department  and  the  director of the office of employee
relations both sit, the references or designations shall  be  deemed  to
refer solely to the president of the department of workforce management.
  S 10. (a) Wherever the terms "civil service department" or "department
of civil service" appear in the civil service law, such terms are hereby
changed to "department of workforce management".
  (b)  Wherever  the  term "office of employee relations" appears in the
civil service law, such term is hereby changed to "department  of  work-
force management".
  (c)  Wherever  the  terms  "civil  service department", "department of
civil service", "office of employee relations" or "director of  employee
relations"  appears  in  the consolidated or unconsolidated laws of this
state other than the civil service law, such terms are hereby changed to
"department of workforce management".
  (d) The legislative bill drafting commission  is  hereby  directed  to
effectuate  this  provision,  and  shall  be  guided  by a memorandum of
instruction setting forth the specific provisions of law to be  amended.
Such  memorandum  shall  be transmitted to the legislative bill drafting
commission within sixty days of enactment of this provision.  Such memo-
randum shall be issued jointly by the governor, the temporary  president
of  the  senate  and  the speaker of the assembly, or by the delegate of
each.
  S 11. Existing rights and remedies  of  or  pertaining  to  the  civil
service  department and the office of employee relations preserved. Upon
the transfer pursuant to this act of the functions and powers  possessed
by and all of the obligations and duties of the civil service department
and  of  the office of employee relations as established pursuant to the

S. 6260                            22                            A. 9060

civil service law, the executive law and other laws, to  the  department
of  workforce management as prescribed by this act, no existing right or
remedy of the state, including the civil service department  and  office
of  employee relations, shall be lost, impaired or affected by reason of
this act.
  S 12. Pending actions and proceedings of or pertaining  to  the  civil
service  department or the office of employee relations. Upon the trans-
fer pursuant to this act of the functions and powers  possessed  by  and
all  of  the  obligations and duties of the civil service department and
the office of employee relations as established pursuant  to  the  civil
service  law,  the  executive  law  and other laws, to the department of
workforce management as prescribed by this act, no action or  proceeding
pending  on  the  effective  date of this act, brought by or against the
civil service department or the commissioners thereof or the  office  of
employee  relations  and  the  director thereof shall be affected by any
provision of this act, but the same may be prosecuted or defended in the
name of the New York state department of workforce  management.  In  all
such actions and proceedings, the New York state department of workforce
management,  upon  application  to  the court, shall be substituted as a
party.
  S 13. Continuation of rules and regulations of or  pertaining  to  the
civil  service department and the office of employee relations. Upon the
transfer pursuant to this act of the functions and powers  possessed  by
and  all  the obligations and duties of the civil service department and
the office of employee relations as established pursuant  to  the  civil
service  law,  the  executive  law  and other laws, to the department of
workforce management as prescribed by this act, all rules,  regulations,
acts, orders, determinations, decisions, of the civil service department
and  the office of employee relations pertaining to the functions trans-
ferred and assigned by this act to the department of  workforce  manage-
ment  in  force  at the time of such transfer, assignment, assumption or
devolution shall continue in force and  effect  as  rules,  regulations,
acts,  determinations  and  decisions  of  the  department  of workforce
management until duly modified or repealed.
  S 14. Transfer of appropriations heretofore made to the civil  service
department  and  the  office  of  employee  relations. Upon the transfer
pursuant to this act of the functions and powers possessed by and all of
the obligations and duties of  the  civil  service  department  and  the
office  of  employee  relations  as  established  pursuant  to the civil
service law, the executive law and other  laws,  to  the  department  of
workforce  management  as prescribed by this act, all appropriations and
reappropriations which shall have been made available as of the date  of
such  transfer to the civil service department or the office of employee
relations or segregated pursuant to law,  to  the  extent  of  remaining
unexpended  or unencumbered balances thereof, whether allocated or unal-
located and whether obligated or unobligated, shall  be  transferred  to
and  made  available  for use and expenditure by the department of work-
force management. Payments of  liabilities  for  expenses  of  personnel
services, maintenance and operation which shall have been incurred as of
the  date of such transfer by the civil service department or the office
of employee relations, and for liabilities incurred and to  be  incurred
in completing its affairs shall also be made.
  S  15.  Sections  650,  651, 652, 653 and 654 of the executive law are
REPEALED.
  S 16. Severability. If any clause, sentence, paragraph or part of this
act shall be adjudged by any  court  of  competent  jurisdiction  to  be

S. 6260                            23                            A. 9060

invalid,  such  judgment  shall  not  affect,  impair  or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  S 17. This act shall take effect July 1, 2012; provided, however, that
the  memorandum  provided for in section ten of this act may be prepared
before the effective date of this act, provided that  it  shall  not  be
implemented until such effective date.

                                 PART C

  Section  1.  The legislature finds and determines that Belleayre Moun-
tain ski center, an intensive use area of the forest preserve  lands  in
the  Catskills,  has  required  financial support from the department of
environmental conservation in each of the past five years to cover oper-
ating losses and capital investment.   Community leaders have  raised  a
concern  that,  in  light of the department's broad responsibilities for
managing state-owned land and regulating  air,  water  and  solid  waste
facilities,  the department may not be the best long-term manager of the
Belleayre Mountain ski center.  The olympic regional development author-
ity, established in 1981 to create and administer a post-olympic program
for the Lake Placid facilities and to manage the ski center at Whiteface
Mountain, expanded its responsibility in 1984 to include  the  operation
and management of the Gore Mountain ski center, an intensive use area of
the  forest  preserve lands in the Adirondacks. Through its operation of
these ski centers, the authority has proven that  it  has  expertise  to
manage  such  centers effectively and efficiently for the benefit of the
community and  in  accordance  with  appropriate  management  of  forest
preserve lands. Given this focus, core mission and expertise, the legis-
lature  finds  that the Belleayre Mountain ski center can be more effec-
tively and efficiently operated, maintained and managed by  the  olympic
regional development authority.
  S  2.  Subdivision 1 of section 2608 of the public authorities law, as
amended by chapter 592 of the laws  of  1984,  is  amended  to  read  as
follows:
  1.  For  the  purposes  of effectuating the policy declared in section
twenty-six hundred six of this title, there is hereby created  the  "New
York  state olympic regional development authority", referred to in this
title as "the authority", which shall be a body  corporate  and  politic
constituting  a  public benefit corporation. The authority shall consist
of [ten] ELEVEN members who shall be the commissioner  of  environmental
conservation,  the  commissioner of [commerce] ECONOMIC DEVELOPMENT, the
commissioner of parks, recreation and historic preservation and  [seven]
EIGHT  persons  to  be appointed by the governor, by and with the advice
and consent of the senate. Of the [seven] EIGHT persons appointed by the
governor, by and with the advice and consent of  the  senate,  one  each
shall be appointed upon the recommendation of the temporary president of
the  senate  and  the  speaker  of  the assembly.   Three of the persons
appointed by the governor, by and with the advice  and  consent  of  the
senate,  shall be appointed upon the recommendation of the town board of
the town of North Elba and shall be residents of the park district.  One
of  the  persons  appointed  by the governor, by and with the advice and
consent of the senate, shall be a resident of Warren county. ONE OF  THE
PERSONS APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF
THE SENATE, SHALL BE A RESIDENT OF ULSTER OR DELAWARE COUNTY. The gover-
nor  shall  appoint  a [chairman] CHAIR and a vice [chairman] CHAIR from

S. 6260                            24                            A. 9060

among any of the members of the authority and such [chairman] CHAIR  and
vice  [chairman]  CHAIR  shall  serve  at  the pleasure of the governor,
provided, however, that the vice [chairman] CHAIR shall be appointed  on
the  recommendation  of  the  town  board  of North Elba. From among any
candidates recommended  by  the  [chairman]  CHAIR,  the  members  shall
appoint a president/chief executive officer of the authority.
  The  members first appointed by the governor shall be appointed within
thirty days of the effective date  of  this  title.  The  members  first
appointed by the governor upon the recommendation of the temporary pres-
ident of the senate and the speaker of the assembly shall serve terms of
three  years  respectively  from  January  first  next  succeeding their
appointment. The remaining four members first appointed by the  governor
shall  serve  terms  of  one, two, four and five years respectively from
January first  next  succeeding  their  appointment.  The  fifth  member
appointed  by  the governor shall serve a term of two years from January
first, next succeeding his or her appointment.  Each  appointment  of  a
member following the expiration of the original terms of the appointment
shall be for a term of five years. Members shall continue to hold office
until  their  successors have been appointed and qualified. In the event
of a vacancy occurring during the term of  a  member's  appointment,  by
reason of death, resignation, disqualification or otherwise, such vacan-
cy  shall  be  filled  for  the unexpired term in the same manner as the
original appointment.
  S 3. Subdivision 4 of section 2614 of the public  authorities  law  is
renumbered  subdivision  5  and  a new subdivision 4 is added to read as
follows:
  4. THE AUTHORITY SHALL OPERATE,  MAINTAIN  AND  MANAGE  THE  BELLEAYRE
MOUNTAIN  SKI  CENTER  LOCATED IN ULSTER AND DELAWARE COUNTIES, STATE OF
NEW YORK. ALL OF THE POWERS OF THE AUTHORITY PROVIDED BY THIS  TITLE  OR
ANY  OTHER  LAW,  INCLUDING  THOSE  PERTAINING  TO PARTICIPATING OLYMPIC
FACILITIES, SHALL APPLY IN CONNECTION WITH THE OPERATION AND  MANAGEMENT
OF THE BELLEAYRE MOUNTAIN SKI CENTER.
  S  4.  Subdivision 2 of section 2616 of the public authorities law, as
amended by chapter 99 of the  laws  of  1984,  is  amended  to  read  as
follows:
  2.  On or before August fifteenth, nineteen hundred eighty-one, and on
each August fifteenth thereafter the [chairman] CHAIR of  the  authority
shall  make  and  deliver to the director of the budget for his approval
and for submission to the legislature a budget for the operation of  the
authority  for  the forthcoming fiscal year of the state. The [chairman]
CHAIR of the authority shall deliver  a  copy  of  such  budget  to  the
[chairman]  CHAIR  of  the  senate  finance committee and the [chairman]
CHAIR of the assembly ways and means committee at the same time that the
budget is delivered to the director of  the  budget.  The  budget  shall
delineate  the total amount needed for authority purposes, including the
funds required by the authority for operation of the olympic  facilities
[and],  the  Gore  Mountain  ski  center  AND THE BELLEAYRE MOUNTAIN SKI
CENTER pursuant to agreements made in accordance with  sections  twenty-
six  hundred  twelve  and twenty-six hundred fourteen of this title, the
source of all funds that the authority expects to receive and such other
information as the director of the budget shall require.   The  director
of the budget shall approve the budget for the operation of the authori-
ty  and  the governor shall recommend in his OR HER annual budget appro-
priations to the authority if the director of the budget determines that
the budget demonstrates that the authority, without operating at a defi-
cit, can continue in the forthcoming fiscal year of the  state,  in  the

S. 6260                            25                            A. 9060

exercise  of  its  corporate purposes, powers, duties and functions with
the appropriations from the state  and  park  district  in  the  amounts
determined  in  accordance  with  sections twenty-six hundred twelve and
twenty-six  hundred  fourteen  of  this title and income received by the
authority from other sources. The director of the  budget  shall  notify
the  park district, the [chairman] CHAIR of the senate finance committee
and the [chairman] CHAIR of the assembly ways and  means  committee  not
later than October first of each year whether or not he has approved the
budget.
  S 5. Section 2619 of the public authorities law, as amended by chapter
99 of the laws of 1984, is amended to read as follows:
  S  2619.  Capital  repair  and  improvement account. At the end of any
authority fiscal year the members of the  authority  shall  deposit  not
less  than  twenty-five percent of the profits, if any, of the preceding
year's operations into a sinking fund for capital improvements.  At  the
discretion  of the members, the authority may undertake capital improve-
ments and major repairs to the participating olympic  facilities  [and],
to  the  Gore  Mountain  ski  center  AND  TO THE BELLEAYRE MOUNTAIN SKI
CENTER; provided, however, that no such repairs may be undertaken  with-
out  specific  written  approval by the entity which contracted with the
authority for the operation  of  said  facility.  Any  such  repairs  or
improvements  to real property shall upon completion become the property
of and be vested in the owners of said real property. In  the  event  of
termination of the authority, the state and the park district each shall
receive fifty percent of all moneys in the sinking fund. If an agreement
between the authority and the park district or the state shall be termi-
nated, the park district or the state, as the case may be, shall receive
that portion of the moneys in the sinking fund it would have received if
the  authority  were terminated as of the date of the termination of the
agreement.
  S 6. Subdivision 4 of section 2622 of the public authorities  law,  as
added by chapter 169 of the laws of 1994, is amended to read as follows:
  4. Notwithstanding subdivision three of this section, exclusive juris-
diction  is hereby conferred upon the court of claims to hear and deter-
mine any claim of any person brought hereafter against the authority  to
recover  damages for injuries to property or for personal injury arising
out of the operation by  the  authority  of  any  participating  olympic
facility owned by the state [or], OUT of the Gore mountain ski center OR
OUT  OF THE BELLEAYRE MOUNTAIN SKI CENTER, in the same manner and to the
extent provided and subject to the provisions of the court of claims act
with respect to claims against the state, and to make awards and  render
judgments  therefor.  The  payment  of awards and judgments for any such
claims brought in the supreme court pursuant to this  title  or  in  the
court  of claims shall be made from appropriations for judgments against
the state pursuant to section twenty of the court of claims act.
  S 7. Section 2629 of the public authorities law, as amended by chapter
99 of the laws of 1984, is amended to read as follows:
  S 2629. Transfer of officers and employees. 1. Upon execution  of  the
agreements for operation of the olympic facilities and the Gore Mountain
ski center made pursuant to sections two thousand six hundred twelve and
two  thousand six hundred fourteen of this title, those employees of the
state and the park district who are determined by the  authority  to  be
essential  to the operation of the olympic facilities and the Gore Moun-
tain ski center shall, with the approval of the employer and the employ-
ee, be transferred to the employment  of  the  authority  and  shall  be
eligible for such transfer and appointment without examination to compa-

S. 6260                            26                            A. 9060

rable  offices, positions and employment under the authority. The salary
or compensation of any such officer or employee shall, after such trans-
fer, be paid by the authority.  Notwithstanding the provisions  of  this
act,  any  such  officers  or employees so transferred to the authority,
pursuant to the provisions of this section, who are members of or  bene-
ficiaries under any existing pension or retirement system, shall contin-
ue  to  have all rights, privileges, obligations and status with respect
to such fund system or systems as are prescribed by law, but during  the
period  of  their  employment by the authority, all contributions to any
pension or retirement fund or system to  be  paid  by  the  employer  on
account  of  such officers or employees, shall be paid by the authority;
and all such officers and employees who have been appointed to positions
under the rules and classifications of the state civil  service  commis-
sion  shall  have the same status with respect thereto after transfer to
the authority as they had under their original appointments.
  2. NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF  THE  CHAPTER
OF  THE  LAWS OF 2012 ENACTING THIS SUBDIVISION, PROVISION SHALL BE MADE
FOR THE TRANSFER TO THE  OLYMPIC  REGIONAL  DEVELOPMENT  AUTHORITY  SUCH
EMPLOYEES  OF  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION ENGAGED IN
CARRYING OUT SUCH FUNCTIONS WITH RESPECT TO THE  OPERATION,  MAINTENANCE
AND  MANAGEMENT  OF  THE  BELLEAYRE  MOUNTAIN  SKI CENTER AS THE OLYMPIC
REGIONAL DEVELOPMENT AUTHORITY DEEMS NECESSARY FOR THE EXERCISE  OF  THE
FUNCTIONS  TRANSFERRED  TO  THE  OLYMPIC REGIONAL DEVELOPMENT AUTHORITY.
EMPLOYEES SO TRANSFERRED SHALL BE TRANSFERRED WITHOUT  FURTHER  EXAMINA-
TION  OR  QUALIFICATIONS AND SHALL RETAIN THEIR RESPECTIVE CIVIL SERVICE
CLASSIFICATIONS AND STATUS. THE  SALARY  OR  COMPENSATION  OF  ANY  SUCH
EMPLOYEES,  AFTER  SUCH  TRANSFER,  SHALL  BE  PAID  BY  THE  AUTHORITY.
NOTWITHSTANDING THE PROVISIONS OF THIS SECTION,  ANY  SUCH  OFFICERS  OR
EMPLOYEES SO TRANSFERRED TO THE AUTHORITY, PURSUANT TO THE PROVISIONS OF
THIS  SECTION,  WHO  ARE  MEMBERS OF OR BENEFICIARIES UNDER ANY EXISTING
PENSION OR RETIREMENT SYSTEM, SHALL CONTINUE TO HAVE ALL RIGHTS,  PRIVI-
LEGES,  OBLIGATIONS  AND  STATUS  WITH  RESPECT  TO  SUCH FUND SYSTEM OR
SYSTEMS AS ARE PRESCRIBED BY LAW, BUT DURING THE PERIOD OF THEIR EMPLOY-
MENT BY THE AUTHORITY, ALL CONTRIBUTIONS TO ANY  PENSION  OR  RETIREMENT
FUND OR SYSTEM TO BE PAID BY THE EMPLOYER ON ACCOUNT OF SUCH OFFICERS OR
EMPLOYEES, SHALL BE PAID BY THE AUTHORITY.  FOR THE PURPOSE OF DETERMIN-
ING  THE  EMPLOYEES  HOLDING PERMANENT APPOINTMENTS IN COMPETITIVE CLASS
POSITIONS TO BE TRANSFERRED, SUCH EMPLOYEES  SHALL  BE  SELECTED  WITHIN
EACH  TITLE  IN THE ORDER OF THEIR ORIGINAL APPOINTMENT, WITH DUE REGARD
FOR THE RIGHT OF PREFERENCE IN RETENTION OF  DISABLED  AND  NON-DISABLED
VETERANS.  ANY  SUCH  EMPLOYEE WHO, AT THE TIME OF SUCH TRANSFER, HAS AN
HOURLY,  TEMPORARY  OR  PROVISIONAL  APPOINTMENT  SHALL  BE  TRANSFERRED
SUBJECT  TO  THE  SAME  RIGHT  OF REMOVAL, EXAMINATION OR TERMINATION AS
THOUGH SUCH TRANSFER HAS NOT BEEN MADE.    EMPLOYEES  HOLDING  PERMANENT
APPOINTMENTS  IN  COMPETITIVE  CLASS  POSITIONS  WHO ARE NOT TRANSFERRED
PURSUANT TO THIS SECTION SHALL HAVE THEIR NAMES ENTERED UPON  AN  APPRO-
PRIATE  PREFERRED  LIST  FOR REINSTATEMENT PURSUANT TO THE CIVIL SERVICE
LAW.
  S 8. Transfer of appropriations. Upon the execution of an agreement as
set  forth  in  section  three  of  this  act  and  notwithstanding  any
provisions  of the state finance law to the contrary, all appropriations
or reappropriations for the functions transferred pursuant to  this  act
heretofore  made  to  the  department  of  environmental conservation or
segregated pursuant to law, to the extent that  unexpended  or  unencum-
bered  balances  remain,  whether  allocated  or unallocated and whether
obligated or unobligated, are hereby transferred to and  made  available

S. 6260                            27                            A. 9060

for  use  and expenditure by the olympic regional development authority,
for the same purposes for which originally appropriated  or  reappropri-
ated and shall be payable on vouchers certified or approved by the chair
of  the  olympic  regional development authority on audit and warrant of
the comptroller. Payments  for  liabilities  for  expenses  of  personal
service, maintenance and operation heretofore incurred by the department
of  environmental  conservation  in connection with the functions trans-
ferred pursuant to this act, and for  liabilities  incurred  and  to  be
incurred  in completing its affairs in relation to such functions, shall
also be made on vouchers or certificates approved by the commissioner of
the department of environmental conservation on audit or warrant of  the
comptroller.
  S 9. This act shall take effect immediately.

                                 PART D

  Section  1.  Section  285-a  of  the  agriculture  and  markets law is
REPEALED.
  S 2. Subdivision 12 of section 283 of the agriculture and markets  law
is  REPEALED  and  subdivisions 13 and 14 are renumbered subdivisions 12
and 13.
  S 3. Section 7 of chapter 654 of the laws of 1994, amending the trans-
portation law and other laws  relating  to  equipment  requirements  for
registered farm vehicles, is REPEALED.
  S 4. Section 285-b of the agriculture and markets law is REPEALED.
  S 5. Article 4 of the state technology law is REPEALED.
  S 6. Section 372-a of the social services law is REPEALED.
  S  7.  Subdivision  1  of  section 2803-r of the public health law, as
added by chapter 439 of the laws of 2005, is amended to read as follows:
  1. All hospitals and clinics shall  notify  their  prenatal  care  and
obstetric  patients of the provisions of the abandoned infant protection
act[, using materials provided by the  office  of  children  and  family
services,  pursuant to section three hundred seventy-two-a of the social
services law]. The department shall develop  agreements  with  societies
and organizations of medical practitioners under which the department or
the  office  of  children and family services shall provide materials to
such societies to provide appropriate education and outreach  concerning
the  abandoned  infant  protection  act to their members and the public.
Criminal penalties for violation pursuant to subdivisions one and two of
section twelve-b of this chapter shall not apply to this section.
  S 8. Sections 520 and 521 of the executive law are REPEALED.
  S 9. Article 28 of the executive law is REPEALED.
  S 10. Paragraph (p) of subdivision 1 of section 17 of the public offi-
cers law is REPEALED.
  S 11. Section 92-y of the state finance law is REPEALED.
  S 12. Paragraph (b) of subdivision 1 of section 88-a  of  the  highway
law,  as  amended  by  section 4 of part Z of chapter 383 of the laws of
2001, is amended to read as follows:
  (b) the chairperson, or his or her designated representative,  of  the
New  York state thruway authority, the adirondack park agency[,] AND the
tourism advisory council[, the upstate New York tourism council and  the
downstate New York tourism council];
  S  13.  Subdivision 3 of section 349-bb of the highway law, as amended
by section 5 of part Z of chapter 383 of the laws of 2001, is amended to
read as follows:

S. 6260                            28                            A. 9060

  3. The commissioner is hereby authorized to enter into contracts  with
qualified,  responsible  not-for-profit organizations involved in scenic
byways activities  [and  the  upstate  New  York  tourism  council]  for
services relating to the development of the New York state scenic byways
program  or services relating to the operation, development or promotion
of a specific scenic byway.
  S 14. Subdivision 1 of section 349-cc of the highway law,  as  amended
by chapter 399 of the laws of 2005, is amended to read as follows:
  1.  An  advisory board of state agencies with responsibilities related
to the designation and management of scenic  byways  and  not-for-profit
organizations  related to the promotion and development of scenic byways
is hereby formed to advise and assist the department in the operation of
its scenic byways program. The  advisory  board  shall  consist  of  one
member  appointed  by  the temporary president of the senate, one member
appointed by the speaker of the assembly, the secretary  of  state,  and
the  commissioners  of  the  department  of agriculture and markets, the
department of economic development, and the department of  environmental
conservation, and the office of parks, recreation and historic preserva-
tion  or  their  duly designated representatives. The commissioner shall
appoint as members of the advisory board the chief executive officer, or
his or her duly authorized representative, of  not-for-profit  organiza-
tions  related to the promotion and development of a scenic byway desig-
nated pursuant to this article[,] AND three representatives of organiza-
tions concerned with the preservation of scenic qualities, the  motoring
public  and  tourism  development [and members or representatives of the
upstate New York tourism council and of the downstate New  York  tourism
council].  The  commissioner,  or  his  or her duly designated represen-
tative, shall serve as  chair.  Members  of  the  advisory  board  shall
receive  no  pay,  but shall be eligible to receive actual and necessary
expenses from their respective agencies, or for the expenses  of  repre-
sentatives  of organizations related to the promotion and development of
a scenic byway, the  preservation  of  scenic  qualities,  the  motoring
public  and tourism development, from the department. The advisory board
shall consult with the Adirondack Park Agency  regarding  scenic  byways
within  the  Adirondack Park. The advisory board shall also consult with
the Hudson River Valley  Communities  Council  regarding  scenic  byways
within the Hudson River Valley Greenway as defined in article forty-four
of  the environmental conservation law. The advisory board shall consult
with the Niagara River Greenway Commission regarding scenic byways with-
in the Niagara River Greenway as defined in article thirty-nine  of  the
parks,  recreation  and  historic  preservation law. [The advisory board
shall consult with the upstate New York tourism council regarding scenic
byways in the upstate New York region, and with the downstate  New  York
tourism  council  regarding  scenic  byways  in  the  downstate New York
region.]
  S 15. Paragraph a of subdivision 1 of section 233-b of  the  education
law,  as  amended  by  section 3 of part Z of chapter 383 of the laws of
2001, is amended to read as follows:
  a. There is hereby established within  the  department  the  New  York
state  freedom  trail commission. The commission shall consist of twelve
members, to be appointed as follows: three members to  be  appointed  by
the governor, three members to be appointed by the board of regents, two
members  to  be  appointed by the temporary president of the senate, one
member to be appointed by the minority leader of the senate, two members
to be appointed by the speaker of the assembly, and  one  member  to  be
appointed  by the minority leader of the assembly. Such members shall be

S. 6260                            29                            A. 9060

representative of academic or public historians,  corporations,  founda-
tions,  historical societies, civic organizations, and religious denomi-
nations. In addition, the following state officers, or their  designees,
shall serve as members of the commission: the commissioner of education,
the  head  of the state museum, the head of the state archives, the head
of the office of state history, the commissioner  of  economic  develop-
ment,  the  head of the state tourism advisory council[, the chairperson
of the upstate New York tourism council, the chairperson  of  the  down-
state  New  York tourism council,] and the commissioner of parks, recre-
ation and historic preservation.
  S 16. Section 120 of the economic development law is REPEALED.
  S 17.  Section  27-0702  of  the  environmental  conservation  law  is
REPEALED.
  S 18. The opening paragraph of subdivision 2 of section 27-0103 of the
environmental  conservation law, as amended by chapter 55 of the laws of
1992, is amended to read as follows:
  The commissioner shall[, with the advice  of  the  state  solid  waste
management  board  established pursuant to section 27-0702 of this arti-
cle,] biennially review the status of programs and information contained
within the plan and make recommendations for legislation or other  state
action related to:
  S 19. Paragraph g of subdivision 3 of section 165 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  g. In addition to carrying out the provisions of paragraphs e and f of
this subdivision, the commissioner shall identify and implement specific
steps which will reduce, to the maximum extent practicable, waste gener-
ated  in state facilities and maximize the recovery and reuse of second-
ary materials from such facilities. Such steps and their  implementation
shall be reviewed from time to time but no less frequently than annually
or  upon  receiving recommendations for additional steps from [the solid
waste management board,] the department of environmental conservation or
the environmental facilities corporation.
  S 20. Subdivision 3 and the closing paragraph of section 1285-d of the
public authorities law, subdivision 3 as amended by chapter 283  of  the
laws  of  1979  and the closing paragraph as added by chapter 639 of the
laws of 1978, are amended to read as follows:
  3. [To advise the corporation on technical matters, a technical  advi-
sory  committee shall be constituted to be composed of the commissioners
of transportation, commerce, health and environmental conservation,  the
secretary  of  state, and five persons representative of affected indus-
tries to be appointed by the governor with the advice and consent of the
senate. Upon  dissolution  of  the  hazardous  waste  disposal  advisory
committee pursuant to subdivision three of section twelve hundred eight-
y-five-f  of  this  article, two members of that committee designated by
the governor shall become members of the committee established  by  this
subdivision which committee shall be expanded by two members.]
  In  [excercising]  EXERCISING  its  responsibilities,  the corporation
shall also cooperate and act in conjunction with industrial, commercial,
medical, scientific, public interest and educational organizations with-
in the state, and with agencies of the federal government, of the  state
and  its  political  subdivisions,  of  other states, and joint agencies
thereof.
  S 21.  Paragraph (c) of subdivision 3 of section 1285-f of the  public
authorities law is REPEALED.
  S 22. Section 216-b of the vehicle and traffic law is REPEALED.

S. 6260                            30                            A. 9060

  S 23. Section 191 of the executive law is REPEALED.
  S  24.  Subdivision  9  of  section  3.23 of the parks, recreation and
historic preservation law is REPEALED.
  S 25. Section 89-mmm of the general business law is REPEALED.
  S 26. Subdivision 2 of section 100 of the executive law, as  added  by
chapter 557 of the laws of 1997, is amended to read as follows:
  2.  The  secretary  of  state shall maintain all records collected for
applicants pursuant to the armored car guard act for a  period  of  five
years after the applicant's termination as an armored car guard, retire-
ment,  resignation,  death, failure to be rehired, or non-renewal of the
applicant's registration card. Every armored car carrier shall file with
the secretary, on a monthly basis, a report,  stating  all  armored  car
guards  in  their  employ  who have retired, resigned, died, been termi-
nated, have [hot] NOT been rehired, or have otherwise been removed  from
active duty, in such form and on such media as approved for such purpose
by  the secretary[, upon recommendation of the armored car carrier advi-
sory board established pursuant to the  provisions  of  section  eighty-
nine-mmm of the general business law].
  S  27.  Subdivision 5 of section 89-bbb of the general business law is
REPEALED.
  S 28. Section 89-lll of the general business law, as added by  chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-lll.  Regulations.  The  secretary[,  in  consultation  with  the
board,] is hereby authorized and empowered to promulgate rules and regu-
lations necessary for the proper  conduct  of  the  business  authorized
under this article, and not inconsistent herewith.
  S  29.  Subdivision 5 of section 89-ppp of the general business law is
REPEALED.
  S 30. Section 923 of the executive law is REPEALED.
  S 31. Subdivision 14 of section 601 and sections 611 and  612  of  the
executive law are REPEALED.
  S  32. Subdivision 12 of section 604 of the executive law, as added by
chapter 729 of the laws of 2005, is amended to read as follows:
  12. To create and maintain a consumer awareness pamphlet, [in conjunc-
tion with the advisory council,] to include,  but  not  be  limited  to,
detailing  the  certification  process,  installer selection rights, the
dispute resolution process, the differences between the types  of  hous-
ing, and other consumer protection issues. Such pamphlet shall be avail-
able to the public, and published on the department's website.
  S 33. Section 433-a of the general business law is REPEALED.
  S 34. The section heading of section 35 of the social services law, as
amended  by  chapter  300  of  the  laws  of 1992, is amended to read as
follows:
  Legal representation of individuals whose federal disability  benefits
have been denied or may be discontinued[; advisory committee].
  S  35.  Subdivision  1  of  section  35 of the social services law, as
amended by chapter 300 of the laws  of  1992,  is  amended  to  read  as
follows:
  1.  [a.  There is hereby established within the department an advisory
committee on legal advocacy (hereinafter to be referred to as the "advi-
sory committee") which shall consist of nine members or their designated
representatives. The advisory committee shall consist of  the  following
nine  members:  the  commissioner  of mental health, the commissioner of
mental retardation and developmental disabilities, the advocate for  the
disabled  and  six  members  appointed  by the governor. The six members
appointed by the governor shall include three representatives of  inter-

S. 6260                            31                            A. 9060

ested public and private groups, and shall include three representatives
of  county  government  and  the city of New York to be appointed from a
list of six names submitted by the New York state association  of  coun-
ties.  The commissioner shall coordinate the functions and activities of
the department with those of the advisory committee.
  b.] The [advisory committee] COMMISSIONER shall [make  recommendations
regarding]  ESTABLISH  criteria  for  selection  of  grant applications,
review applications awarded pursuant to the provisions of this  section,
[make  recommendations  thereon  to  the  commissioner] and exercise and
perform such other [advisory] functions as are related to  the  purposes
of  this  section[;  provided  however  that the committee shall meet at
least once every six months].
  S 36. Subdivisions 2 and 4 of section 35 of the social  services  law,
subdivision  2  as  amended and subdivision 4 as added by chapter 300 of
the laws of 1992, are amended to read as follows:
  2. The commissioner[, after consultation with the advisory committee,]
shall make grants, within the amounts appropriated for that purpose,  to
not-for-profit  legal  services corporations and not-for-profit agencies
serving the disabled and local social services districts, to provide for
representation of persons whose federal  disability  benefits  including
supplemental  security  income  and social security disability insurance
have been denied or may be discontinued for the purpose of  representing
these  persons  in  appropriate  proceedings.  When the commissioner has
contracted with a local social services district to provide such  repre-
sentation,  the legislative body of such district may authorize and make
provision for the commissioner of social services  of  the  district  to
obtain  necessary  legal  services  on a fee for services basis or other
appropriate basis which the department may approve. Such legal  services
may  be provided by not-for-profit legal services corporations, not-for-
profit agencies serving the disabled or private attorneys.
  4. Responsibility for local financial participation  shall  be  deter-
mined  by  the  commissioner  based on either costs of and the number of
district residents served by each local entity or the  alternative  cost
allocation  procedure deemed appropriate by the commissioner [in consul-
tation with the advisory committee].
  S 37. Subdivisions 8 and 9 of section 350 of  the  executive  law  are
REPEALED.
  S 38. Subdivision 16 of section 353 of the executive law is REPEALED.
  S 39. Sections 365, 365-a, 365-b, 365-c, 365-d, 365-e, 365-f and 365-g
of the executive law are REPEALED.
  S 40. Section 154 of the labor law is REPEALED.
  S  41. Title 11 of article 24 of the environmental conservation law is
REPEALED.
  S 42. Subdivision 1 of section 24-0301 of the environmental  conserva-
tion  law,  as amended by chapter 654 of the laws of 1977, is amended to
read as follows:
  1. The commissioner shall, as soon as practicable, conduct a study  to
identify  and  map  those individual freshwater wetlands in the state of
New York which shall have an area of at  least  twelve  and  four-tenths
acres  or  more, or if less than twelve and four-tenths acres, (a) have,
in the discretion of the commissioner[, and subject  to  review  of  his
action  by  the board created pursuant to title eleven of this article,]
unusual local importance for one or more of the  specific  benefits  set
forth in subdivision seven of section 24-0105 OF THIS ARTICLE or (b) are
located  within  the Adirondack park and meet the definition of wetlands
contained in subdivision sixty-eight of section eight  hundred  two  [of

S. 6260                            32                            A. 9060

article  twenty-seven]  of  the executive law, and shall determine their
characteristics. This study shall, in addition to such other data as the
commissioner may determine to be included,  consist  of  the  freshwater
wetlands  inventory  of  the  department  of environmental conservation,
currently being made, together with other available data  on  freshwater
wetlands,  whether  assisted  by  the  state of New York under the tidal
wetlands act or otherwise, or assembled by federal or local governmental
or private agencies, all of which information  shall  be  assembled  and
integrated,  as  applicable,  into  a  map of freshwater wetlands of the
state of New York. Such study may, in the discretion of the  commission-
er,  be  carried  out  on a sectional or regional basis, as indicated by
need, subject to overall completion in an expeditious fashion subject to
the terms of this chapter. This map, and any orders issued  pursuant  to
the  provisions  of this article, shall comprise a part of the statewide
environmental plan as provided for in section 3-0303 of this chapter. As
soon as practicable the commissioner shall file with  the  secretary  of
state  a  detailed description of the technical methods and requirements
to be utilized in compiling the  inventory,  and  he  shall  afford  the
public an opportunity to submit comments thereon.
  S  43. Subdivision 5 of section 24-0703 of the environmental conserva-
tion law, as amended by chapter 233 of the laws of 1979, is  amended  to
read as follows:
  5. Prior to the promulgation of the final freshwater wetlands map in a
particular   area  and  the  implementation  of  a  freshwater  wetlands
protection law or ordinance, no person shall conduct,  or  cause  to  be
conducted,  any  activity  for  which a permit is required under section
24-0701 of this [article] TITLE on any freshwater wetland unless he  has
obtained  a  permit from the commissioner under this section. Any person
may inquire of the department as to whether or not  a  given  parcel  of
land  will be designated a freshwater wetland subject to regulation. The
department shall give a definite answer in writing within thirty days of
such request as to whether such parcel will or will  not  be  so  desig-
nated.  Provided  that,  in  the event that weather or ground conditions
prevent the department from making a determination within  thirty  days,
it may extend such period until a determination can be made. Such answer
in the affirmative shall be reviewable [pursuant to title eleven of this
article];  such an answer in the negative shall be a complete defense to
the enforcement of this article as to such parcel of land.  The  commis-
sioner  may by regulation adopted after public hearing exempt categories
or classes of wetlands or individual wetlands which he determines not to
be critical to the furtherance of the  policies  and  purposes  of  this
article.
  S 44.  Subdivision 6 of section 24-0705 of the environmental conserva-
tion  law,  as amended by chapter 654 of the laws of 1977, is amended to
read as follows:
  6. Review of the determination of  the  local  government  or  of  the
commissioner  shall  be, within a period of thirty days after the filing
thereof, pursuant to the provisions of [title eleven of this article or]
article seventy-eight of the civil practice law and rules. Any owner  of
the wetland affected and any resident or citizen of the local government
shall be deemed to have the requisite standing to seek review.
  S  45. Subdivision 2 of section 24-0801 of the environmental conserva-
tion law, as added by chapter 654 of the laws of  1977,  is  amended  to
read as follows:
  2.  Where  the  activities  otherwise subject to regulation under this
article involve freshwater wetlands located within the boundaries of the

S. 6260                            33                            A. 9060

Adirondack park, the inquiries referred to and the applications provided
for in section 24-0703 of this article shall be made to and  filed  with
the  Adirondack park agency at its headquarters office, under such regu-
lations and procedures as the Adirondack park agency may promulgate. The
Adirondack  park  agency  shall  review  the application in place of the
commissioner or local government as provided in section 24-0705 of  this
article,  having  due regard for the declaration of policy and statement
of findings set forth in this article and  for  the  considerations  set
forth  in subdivision one of section 24-0705 of this article. The agency
shall in addition determine prior to the granting of any permit that the
proposed activity will be consistent with the Adirondack park  land  use
and development plan and would not have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic, recreational
or  open  space  resources of the park, taking into account the economic
and social or other benefits to be derived from the activity. Any person
may seek review of a ruling made solely pursuant to  the  provisions  of
this article by the Adirondack park agency pursuant to the provisions of
[title  eleven  of  this  article or] article seventy-eight of the civil
practice law and rules.
  S 46. Subdivision 7 of section 24-0903 of the environmental  conserva-
tion  law,  as  added  by chapter 614 of the laws of 1975, is amended to
read as follows:
  7. Any person aggrieved by any  such  order  or  regulation  may  seek
[review  pursuant  to the provisions of title eleven of this article or]
judicial review pursuant to article seventy-eight of the civil  practice
law  and rules in the supreme court for the county in which the freshwa-
ter wetland is located, within thirty days after the date of the  filing
of  the  order  with  the  clerk  of  the county in which the wetland is
located.
  S 47. Section  24-0507  of  the  environmental  conservation  law,  as
amended  by  chapter  654  of  the  laws  of 1977, is amended to read as
follows:
S 24-0507. Reservation of local jurisdiction.
  Except as provided in this article, jurisdiction over all areas  which
would qualify as freshwater wetlands except that they are not designated
as  such  on  the freshwater wetlands map pursuant to section 24-0301 of
this article because they are less than twelve and four-tenths acres  in
size  and  are  not of unusual local importance is reserved to the city,
town or village in which they are wholly or partially located,  and  the
implementation  of this article with respect thereto is the responsibil-
ity of said city, town or village, in accordance  with  section  24-0501
and  title  twenty-three  of article seventy-one of this chapter, except
that a city, town or village in the exercise of its  powers  under  this
section,  shall  not be subject to the provisions of subdivision four of
section 24-0501, subdivisions two  and  three  of  section  24-0503,  or
section 24-0505[, but shall be subject to judicial review under subdivi-
sion two of section 24-1105] of this article.
  S  48.  Subdivision 3 of section 1-0303 of the environmental conserva-
tion law is REPEALED.
  S 49. Paragraph a of subdivision 2 of section 3-0301 of  the  environ-
mental  conservation law, as amended by chapter 469 of the laws of 1974,
is amended to read as follows:
  a. [With the advice and approval of the board, adopt] ADOPT, amend  or
repeal environmental standards, criteria and those rules and regulations
having  the  force and effect of standards and criteria to carry out the
purposes and provisions of this act. [Upon approval by the board of any]

S. 6260                            34                            A. 9060

ANY such environmental standard, criterion, rule or regulation or change
thereto[, it] shall become effective thirty days after being filed  with
the  Secretary  of State for publication in the "Official Compilation of
Codes, Rules, and Regulations of the State of New York" published pursu-
ant to section 102 of the Executive Law. This provision shall not in any
way  restrict the commissioner in the exercise of any function, power or
duty transferred to him OR HER and heretofore authorized to be exercised
by any other department acting through its commissioner  to  promulgate,
adopt,  amend  or  repeal any standards, rules and regulations.  No such
environmental standards, criterion, rule or regulation or change thereto
shall be proposed for approval unless a public hearing relating  to  the
subject of such standard shall be held by the commissioner prior thereto
not  less  than  30 days after date of notice therefor, any provision of
law to the contrary notwithstanding. Notice shall  be  given  by  public
advertisement  of  the  date,  time,  place and purpose of such hearing.
[Members of the board shall be entitled to participate in  such  hearing
and  opportunity  to  be  heard  by the commissioner with respect to the
subject thereof shall be given to the public.]
  S 50. Article 5 of the environmental conservation law is REPEALED.
  S 51. Section 17-1411 of the environmental conservation law, as  added
by chapter 436 of the laws of 1989, is amended to read as follows:
S 17-1411. Regulations.
  [1.] The commissioner may promulgate regulations necessary to effectu-
ate  the  purposes  of  section 17-1409 of this title including, but not
limited to, regulations setting forth criteria for submission and  proc-
essing  of  grant  applications, components of best management practices
and state standards necessary to control nonpoint source pollution.
  [2. Regulations  promulgated  pursuant  to  subdivision  one  of  this
section  shall not require the approval of the state environmental board
pursuant to paragraph a of subdivision two of section 3-0301 or subdivi-
sion two of section 5-0107 of this chapter.]
  S 52. Subdivision 4 of section 19-0303 of the environmental  conserva-
tion  law,  as  added  by chapter 608 of the laws of 1993, is amended to
read as follows:
  4. In adopting any code, rule or regulation which contains a  require-
ment  that is more stringent than the Act or regulations issued pursuant
to the Act by the United States  environmental  protection  agency,  the
commissioner shall, in addition to the provisions of section two hundred
two-a  of the state administrative procedure act, include in the regula-
tory impact statement:
  (a) a detailed explanation of  the  reason  or  reasons  that  justify
exceeding federal minimum requirements, including:
  (i)  satisfying  any  requirement of the Act as it relates to New York
state, including any requirement for demonstrating attainment or mainte-
nance of ambient air quality standards  or  meeting  reasonable  further
progress pursuant to Title I of the Act;
  (ii) preventing an assessment or imposition of sanctions, or the impo-
sition of a federal implementation plan, pursuant to the Act;
  (iii) complying with a final decree of a court; or
  (iv) protecting public health or the environment;
  (b) an evaluation of the cost-effectiveness of the proposed code, rule
or  regulation,  in comparison with the cost-effectiveness of reasonably
available alternatives; and
  (c) a review of the reasonably available alternative measures  consid-
ered by the commissioner and an explanation of the reasons for rejecting
such alternatives.

S. 6260                            35                            A. 9060

  [Any  code, rule or regulation to which this subdivision is applicable
shall be subject to the approval of the environmental board pursuant  to
subdivision 2 of section 5-0107 of this chapter.]
  S  53.  Section  19-0917  of  the  environmental  conservation  law is
REPEALED.
  S 54. Subdivision 3 of section 27-0903 of the environmental  conserva-
tion  law,  as amended by chapter 831 of the laws of 1990, is amended to
read as follows:
  3. The regulations setting forth the criteria for  identification  and
listing,  and the list of, hazardous wastes subject to this title may be
amended by the commissioner from time to time as appropriate, based upon
hazardous waste conditions of particular relevance  to  the  state.  The
commissioner  may  promulgate the appropriately amended regulations only
[after approval of the state environmental board based] upon  a  showing
of  the  circumstances  constituting  the  hazardous waste conditions of
particular relevance to this state, and then in a manner consistent with
the state administrative procedure act.
  S 55. Subdivision 1 of section 27-1315 of the environmental  conserva-
tion  law, as amended by section 7 of part E of chapter 1 of the laws of
2003, is amended to read as follows:
  1. The commissioner shall have the power to promulgate rules and regu-
lations necessary and appropriate to carry  out  the  purposes  of  this
title.  Any  [such] regulations shall include provisions which establish
the procedures for a hearing pursuant to  subdivision  four  of  section
27-1313 of this title[. Any such provisions] AND shall ensure a division
of  functions  between the commissioner, the staff who present the case,
and any hearing officers appointed. In addition, any [such]  regulations
shall  set forth findings to be based on a factual record, which must be
made before the commissioner determines that a significant threat to the
environment exists. [Rules and regulations promulgated pursuant to  this
title  shall be subject to the approval of a board, which shall be known
as the inactive hazardous waste disposal site regulation  review  board,
which  shall  have  the same members, rules, and procedures as the state
environmental board.]
  S 56. Subdivision 1 of section 27-1504 of the environmental  conserva-
tion  law,  as  added  by chapter 180 of the laws of 1989, is amended to
read as follows:
  1. The commissioner shall promulgate new regulations or amend existing
regulations establishing a program for the  tracking  of  the  regulated
medical  waste  which is generated in this state. Such regulations shall
not be subject to the requirements of subdivision 2  of  section  3-0301
[or subdivision 2 of section 5-0107] of this chapter.
  S  57. Subdivision 4 of section 29-0103 of the environmental conserva-
tion law is REPEALED.
  S 58. Subdivision 4 of section 70-0117 of the environmental  conserva-
tion  law,  as  added  by chapter 723 of the laws of 1977, is amended to
read as follows:
  4. In conjunction with one  or  more  applications  for  permits,  the
department may, on request of an applicant undertake a conceptual review
of a proposed project evaluating the general approvability or nonapprov-
ability of a proposed project, including all proposed phases or segments
thereof,  subject  to  the  development  and submission of more detailed
plans and information and such additional applications  for  permits  in
the future as may be necessary. The department shall, in rules and regu-
lations  [approved by the state environmental board], establish criteria
and guidelines for the  conceptual  review  of  proposed  projects.  The

S. 6260                            36                            A. 9060

department shall establish, in rules and regulations adopted pursuant to
section  70-0107  of  this  chapter, procedures governing the conceptual
review of proposed projects.
  S  59. Sections 9-0705, 9-0707, 9-0709 and 9-0711 of the environmental
conservation law are REPEALED.
  S 60. Section 9-0713 of the environmental conservation law, as amended
by chapter 386 of the laws of 1980, is amended to read as follows:
S 9-0713. State assistance.
  [Upon the establishment of regional forest practice boards,  and  upon
the  adoption  and  promulgation of] THE COMMISSIONER SHALL ADOPT forest
practice standards[, the regional forest practice boards].  THE  DEPART-
MENT  shall  notify  [all  the] owners of forest land [in their regions]
that the commissioner  is  prepared  to  assist  cooperating  owners  in
connection with the application of [approved] forest practice standards.
The  commissioner  shall provide to cooperating forest and farm woodland
owners technical services  in  connection  with  all  phases  of  forest
management  including  but  not limited to, plantation establishment and
care, the marking of  timber,  marketing  assistance  and  silvicultural
treatment of immature stands.
  S  61.  Subdivision  1  of  section  444-b of the real property law is
REPEALED and subdivisions 2, 3, 4, 5, 6, 7 and 8 are renumbered subdivi-
sions 1, 2, 3, 4, 5, 6 and 7.
  S 62. Subdivision 4 of section 444-b of  the  real  property  law,  as
amended  by chapter 225 of the laws of 2005 and as renumbered by section
sixty-one of this act, is amended to read as follows:
  4. "Home inspection" means the  process  by  which  a  home  inspector
observes  and provides a written report of the systems and components of
a residential building including but  not  limited  to  heating  system,
cooling  system,  plumbing  system, electrical system, structural compo-
nents, foundation, roof, masonry structure, exterior and interior compo-
nents or any other related residential building component as recommended
[by the home inspection council and  implemented]  OR  REQUIRED  by  the
department  through regulation to provide a client with objective infor-
mation about the condition of the residential building. The home inspec-
tor shall clearly identify in  the  written  report  which  systems  and
components  of the residential building were observed. A home inspection
shall not include an inspection for radon or pests.
  S 63. Section 444-c of the real property law, as added by chapter  461
of  the  laws of 2004, subdivisions 1, 2 and 3 as amended by chapter 225
of the laws of 2005, is amended to read as follows:
  S 444-c. [State home inspection council] CODE OF ETHICS AND  STANDARDS
OF  PRACTICE.  1.  [There  is hereby established a state home inspection
council within the department. The council shall consist of  the  secre-
tary  or  the  secretary's  designee  and six additional members who are
residents of the state, of whom three  shall  be  persons  licensed  and
actively  engaged in the business of home inspection in the state of New
York for at least five years immediately preceding their appointment and
three of whom shall be consumers who are the owners and principal  resi-
dents  of a residential building in the state of New York.  Appointments
shall reflect the geographical diversity of the state.
  2. For a period of one year after the effective date of this  section,
and  notwithstanding any other provisions of this section to the contra-
ry, the first three home inspectors appointed as members of the  commit-
tee shall not be required, at the time of their first appointment, to be
licensed  to  practice  home  inspection,  provided that such members be
licensed pursuant to this article within one year of appointment.

S. 6260                            37                            A. 9060

  3. The governor shall appoint each member of the council for a term of
three years except that of the members first appointed, two shall  serve
for terms of three years, two shall serve for terms of two years and two
shall  serve for a term of one year. The governor shall appoint one home
inspector  and  one  consumer  solely in his or her discretion, one home
inspector and one consumer upon  the  recommendation  of  the  temporary
president  of  the  senate, and one home inspector and one consumer upon
the recommendation of the speaker of the  assembly.  Each  member  shall
hold  office  until his or her successor has been qualified. Any vacancy
in the membership of the council shall be filled for the unexpired  term
in  the  manner  provided for the original appointment. No member of the
council may serve more than two successive  terms  in  addition  to  any
unexpired term to which he or she has been appointed.
  4.  Members  of the council shall receive no compensation but shall be
reimbursed for their actual and necessary  expenses  and  provided  with
office  and  meeting  facilities  and  personnel required for the proper
conduct of the council's business.
  5. The council shall annually elect from among its members a chair and
vice-chair and may appoint a secretary, who need not be a member of  the
council. The council shall meet at least twice a year and may hold addi-
tional meetings as necessary to discharge its duties.
  6.  The  role  of  the  council shall be advisory.] The [council shall
advise the secretary  in  the  administration  and  enforcement  of  the
provisions of this article and recommend to the] secretary SHALL PROMUL-
GATE  regulations  to implement the provisions of this article including
but not limited to:
  (a) standards for training including approval of the course  of  study
and examination required for licensure of home inspectors;
  (b)  requirements  and  standards  for  continuing  education  of home
inspectors;
  (c) a code of ethics and  standards  of  practice  for  licensed  home
inspectors  consistent  with  the  provisions  of this article and sound
ethical practices which code and standards shall be  subject  to  public
notice  and comment prior to [a council recommendation to the secretary]
ADOPTION OF THE REGULATIONS. The standards of practice shall not require
a reporting format or limit information which licensees  are  authorized
to provide a client pursuant to this article; and
  (d)  development  of  information and educational materials about home
inspection for distribution to clients.
  2. Nothing in this section shall be deemed  to  supersede  any  estab-
lished  authority, duty and power established by local law, state law or
regulation or otherwise granted to any agency, body or entity.
  S 64. Section 444-e of the real property law, as added by chapter  461
of  the laws of 2004, paragraphs (b) and (c) of subdivision 1 and subdi-
vision 3 as amended by chapter 225 of the laws of 2005,  is  amended  to
read as follows:
  S  444-e.  Qualifications for licensure. 1. An applicant for a license
as a home inspector shall:
  (a) have successfully completed high school or its equivalent; and
  (b) (i) have successfully completed a course of study of not less than
one hundred forty hours approved by the secretary[, in consultation with
the council], of which at least forty hours shall have been in the  form
of  unpaid  field  based  inspections  in  the presence of and under the
direct supervision of a home inspector licensed by the state of New York
or a professional engineer or architect regulated by the  state  of  New

S. 6260                            38                            A. 9060

York  who  oversees and takes full responsibility for the inspection and
any report provided to a client; or
  (ii)  have performed not less than one hundred home inspections in the
presence of and  under  the  direct  supervision  of  a  home  inspector
licensed  by  the state of New York or a professional engineer or archi-
tect regulated by the state of New York  who  oversees  and  takes  full
responsibility  for  the inspection and any report provided to a client;
and
  (c) have passed a written or electronic examination  approved  by  the
secretary[,  in  consultation  with  the  council], and designed to test
competence in home inspection practice as  determined  by  a  recognized
role definition methodology and developed and administered to the extent
practicable  in  a  manner  consistent  with  the  American  Educational
Research Association's  "Standards  for  Educational  and  Psychological
Testing."  An applicant who has passed an existing nationally recognized
examination, as approved by the secretary, prior to the  effective  date
of this article shall be in compliance with this paragraph; and
  (d) pay the applicable fees.
  2. The provisions of this section shall not apply to a person perform-
ing  a home inspection pursuant to subparagraph (ii) of paragraph (b) of
subdivision one of this section for the purpose of meeting  requirements
for a home inspector license.
  3.  Upon  submission  of an application and payment of the application
and licensure fee to the secretary, the secretary  shall  issue  a  home
inspector's  license  to  a  person  who holds a valid license as a home
inspector issued by another state or possession of the United States  or
the District of Columbia which has standards substantially equivalent to
those  of  this  state  as determined by the secretary[, in consultation
with the council].
  4. On or before the effective date  of  this  article,  the  secretary
shall, upon application, issue a home inspector license to a person who:
  (a)  meets  the  requirements of paragraphs (a) and (c) of subdivision
one of  this  section  and  has  performed  one  hundred  or  more  home
inspections  for  compensation  within  two years prior to the effective
date of this section; or
  (b) meets the requirements of paragraph (a) of subdivision one of this
section and has been engaged in the  practice  of  home  inspection  for
compensation  for  not less than three years prior to the effective date
of this section during which such person has performed two hundred fifty
home inspections for compensation within three years prior to the effec-
tive date of this section; or
  (c) has education and experience which the secretary[, in consultation
with the council], considers equivalent to  that  required  pursuant  to
paragraphs (a) and (b) of this subdivision.
  S  65.  Subdivision  1  of  section 444-f of the real property law, as
amended by chapter 225 of the laws  of  2005,  is  amended  to  read  as
follows:
  1.  Home inspector licenses and renewals thereof shall be issued for a
period of two years, except that the secretary may, in order to  stagger
the expiration date thereof, provide that those licenses first issued or
renewed  after the effective date of this section shall expire or become
void on a date fixed by the secretary, not sooner than  six  months  nor
later  than  twenty-nine months after the date of issue. No renewal of a
license shall be issued unless the applicant has successfully  completed
a  course of continuing education approved by the secretary[, in consul-
tation with the council].

S. 6260                            39                            A. 9060

  S 66. Subdivision 1 of section 444-k of  the  real  property  law,  as
added by chapter 461 of the laws of 2004, is amended to read as follows:
  1.  Every  licensed  home  inspector who is engaged in home inspection
shall secure, maintain, and file with the secretary proof of  a  certif-
icate  of liability coverage, which terms and conditions shall be deter-
mined by the secretary [in consultation with the council].
  S 67. Section 444-l of the real property law, as added by chapter  461
of the laws of 2004, is amended to read as follows:
  S  444-l.  Duties of the secretary. The secretary shall[, in consulta-
tion with the council,] establish such rules and regulations as shall be
necessary to implement the provisions of this article.
  S 68. Subdivision 6 of section 69-n of the  general  business  law  is
REPEALED.
  S  69.  Chapter  868 of the laws of 1976, relating to the organic food
advisory committee, is REPEALED.
  S 70. Subdivisions 6, 7, 8 and 9 of section 73-b  of  the  agriculture
and  markets  law are REPEALED and subdivision 10 is renumbered subdivi-
sion 6.
  S 71. Subdivision 5 of section 73-b of  the  agriculture  and  markets
law,  as added by chapter 276 of the laws of 2001, is amended to read as
follows:
  5. The advisory board, which shall be  chaired  by  the  commissioner,
shall:
  (a) evaluate and prioritize the veterinary diagnostic laboratory needs
of industry, government and consumer entities;
  (b)  provide  advice  and  recommendations to the dean of the New York
state college of veterinary medicine for strategic direction of diagnos-
tic laboratory services;
  (c) make recommendations to the  dean  regarding  appointment  of  the
director of the laboratory; [and]
  (d) assess the feasibility of the consolidation, expansion and modern-
ization of the current physical facilities of the laboratory; AND
  (E) PROVIDE ADVICE AND RECOMMENDATIONS TO THE DIRECTOR OF THE DIAGNOS-
TIC LABORATORY REGARDING INDUSTRY NEEDS AND THE EFFECTIVENESS OF VETERI-
NARY DIAGNOSTIC LABORATORY SERVICES.
  S  72.  Paragraph (g) of subdivision 3 of section 73-b of the agricul-
ture and markets law, as added by chapter 276 of the laws  of  2001,  is
amended to read as follows:
  (g) one member to be appointed by the governor, upon recommendation by
the  commissioner[,  from  nominations  received  from the animal health
issues committee];
  S 73.  Section  13-0308  of  the  environmental  conservation  law  is
REPEALED.
  S  74.  The  opening paragraph of subdivision 15 of section 13-0309 of
the environmental conservation law, as added by chapter 512 of the  laws
of 1994, is amended to read as follows:
  Unless  and until regulations are adopted implementing a comprehensive
long-term management plan for the protection of  surf  clams  and  ocean
quahogs  in  New  York  waters  [prepared  in  conjunction with the surf
clam/ocean quahog management advisory board pursuant to section 13-0308,
of this title], the following restrictions shall apply  in  addition  to
any  consistent  regulations  adopted  prior to the date upon which such
section shall take effect:
  S 75. Subparagraph (ii) of paragraph 3 of subdivision (a)  of  section
83  of the state finance law, as amended by section 6 of part A of chap-
ter 58 of the laws of 1998, is amended to read as follows:

S. 6260                            40                            A. 9060

  (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
graph,  moneys arising out of the application of subdivision fourteen of
section 13-0309 of the environmental conservation law, shall be deposit-
ed in a special account within the conservation fund, to be known as the
surf clam/ocean quahog account, and shall be available to the department
of  environmental  conservation,  including  contracts for such purposes
with a New York State institution of higher education currently involved
in local marine research, after  appropriation,  for  the  research  and
stock  assessment of surf clams and ocean quahogs [and the operations of
the surf clam/ocean quahog management advisory board].
  S 76. Section 3000 of the public health law, as amended by chapter 804
of the laws of 1992, is amended to read as follows:
  S 3000. Declaration of policy and statement of purpose. The furnishing
of medical assistance in an emergency  is  a  matter  of  vital  concern
affecting  the  public health, safety and welfare. Prehospital emergency
medical care, the provision of prompt and effective communication  among
ambulances  and hospitals and safe and effective care and transportation
of the sick and injured are essential public health services.
  It is the purpose of this article to promote the public health, safety
and welfare by providing for certification of all advanced life  support
first response services and ambulance services; the creation of regional
emergency  medical  services  [councils] ADVISORY BOARDS; and a New York
state emergency medical services [council] ADVISORY BOARD  to  [develop]
ADVISE THE DEPARTMENT AND THE COMMISSIONER IN THE DEVELOPMENT OF minimum
training  standards  for  certified  first responders, emergency medical
technicians and  advanced  emergency  medical  technicians  and  minimum
equipment  and  communication  standards for advanced life support first
response services and ambulance services.
  S 77. Subdivision 2 and paragraphs (a), (c) and (e) of  subdivision  3
of  section 3000-b of the public health law, subdivision 2 as amended by
chapter 583 of the laws of 1999,  paragraph  (a)  of  subdivision  3  as
amended by chapter 243 of the laws of 2010 and paragraphs (c) and (e) of
subdivision  3  as added by chapter 552 of the laws of 1998, are amended
to read as follows:
  2. Collaborative agreement. A  person,  firm,  organization  or  other
entity  may purchase, acquire, possess and operate an automated external
defibrillator pursuant to a collaborative agreement  with  an  emergency
health  care provider. The collaborative agreement shall include a writ-
ten agreement and written practice protocols, and  policies  and  proce-
dures  that shall assure compliance with this section. The public access
defibrillation provider shall file a copy of the collaborative agreement
with the department and with the appropriate  regional  [council]  BOARD
prior to operating the automated external defibrillator.
  (a)  No  person may operate an automated external defibrillator unless
the person has successfully completed a training course in the operation
of an automated external defibrillator approved by  a  nationally-recog-
nized  organization  or  the  [state emergency medical services council]
COMMISSIONER AND THE COMPLETION OF THE COURSE WAS RECENT ENOUGH TO STILL
BE EFFECTIVE UNDER THE STANDARDS OF THE APPROVING ORGANIZATION.   Howev-
er,  this  section shall not prohibit operation of an automated external
defibrillator, (i) by a health care practitioner licensed  or  certified
under  title  VIII of the education law or a person certified under this
article acting within his or her lawful scope of  practice;  (ii)  by  a
person  acting  pursuant  to a lawful prescription; or (iii) by a person
who operates the automated external defibrillator other than as part  of
or  incidental to his or her employment or regular duties, who is acting

S. 6260                            41                            A. 9060

in good faith, with reasonable care, and without expectation of monetary
compensation, to provide first aid that includes operation of  an  auto-
mated  external  defibrillator;  nor  shall  this section limit any good
samaritan protections provided in section three thousand-a of this arti-
cle.
  (c)  The public access defibrillation provider shall notify the APPRO-
PRIATE regional [council] BOARD of the existence, location and  type  of
any automated external defibrillator it possesses.
  (e)  The  emergency  health  care  provider  shall  participate in the
regional quality improvement program  pursuant  to  subdivision  one  of
section three thousand [four-a] FOUR of this article.
  S  78.  Subdivision  2  and  paragraph (a) of subdivision 3 of section
3000-c of the public health law, as added by chapter 578 of the laws  of
1999, are amended to read as follows:
  2. Collaborative agreement. Any eligible person, firm, organization or
other entity may purchase, acquire, possess and use epinephrine auto-in-
jector  devices  pursuant to a collaborative agreement with an emergency
health care provider. The collaborative agreement shall include a  writ-
ten agreement that incorporates written practice protocols, and policies
and  procedures that shall ensure compliance with the provisions of this
section. The person, firm, organization or entity shall file a  copy  of
the collaborative agreement with the department and with the appropriate
regional  [council]  BOARD  prior to using any epinephrine auto-injector
device.
  (a) No person shall use an  epinephrine  auto-injector  device  unless
such  person  shall have successfully completed a training course in the
use of epinephrine auto-injector devices approved  by  the  commissioner
[pursuant to the rules of the department]. This section does not prohib-
it  the  use of an epinephrine auto-injector device (i) by a health care
practitioner licensed or certified under title eight  of  the  education
law  acting within the scope of his or her practice, or (ii) by a person
acting pursuant to a lawful prescription.
  S 79. Section 3001 of the public health law, as amended by chapter 804
of the laws of 1992, subdivisions 13 and 15 as amended by chapter 445 of
the laws of 1993, is amended to read as follows:
  S 3001. Definitions. As used  in  this  article,  unless  the  context
otherwise requires:
  1. "Emergency medical service" means initial emergency medical assist-
ance  including,  but  not  limited  to, the treatment of trauma, burns,
respiratory, circulatory and obstetrical emergencies.
  1-A.  "PEDIATRIC  CARE"  MEANS  MEDICAL  CARE  PROVIDED  TO  NEONATES,
INFANTS, TODDLER, PRESCHOOLERS, SCHOOL AGERS AND ADOLESCENTS.
  1-B. "TRAUMA CARE" MEANS HEALTH CARE PROVIDED TO PATIENTS AT HIGH RISK
OF DEATH OR DISABILITY FROM MULTIPLE AND SEVERE INJURIES.
  1-C.  "DISASTER  CARE"  MEANS  CARE  PROVIDED  TO PATIENTS WHO ARE THE
VICTIMS OF NATURAL OR MAN-MADE DISASTERS, INCLUDING BUT NOT  LIMITED  TO
BIOLOGIC, NUCLEAR, INCENDIARY, CHEMICAL AND EXPLOSIVE DISASTERS.
  2.  "Ambulance service" means an individual, partnership, association,
corporation, municipality or any legal or public entity  or  subdivision
thereof  engaged in providing emergency medical care and the transporta-
tion of sick or injured persons by  motor  vehicle,  aircraft  or  other
forms  of transportation to, from, or between general hospitals or other
health care facilities.
  3. "Voluntary ambulance service" means an ambulance service (i)  oper-
ating  not  for  pecuniary profit or financial gain, and (ii) no part of
the assets or income of which is distributable  to,  or  enures  to  the

S. 6260                            42                            A. 9060

benefit  of,  its  members,  directors  or officers except to the extent
permitted under this article.
  4.  "Voluntary  advanced  life  support  first response service" means
advanced life support first response service (i) operating not for pecu-
niary profit or financial gain, and (ii) no part of the assets or income
of which is distributable to, or enures to the benefit of, its  members,
directors or officers except to the extent permitted under this article.
  5. "Certified first responder" means an individual who meets the mini-
mum  TRAINING,  EDUCATION  AND CERTIFICATION requirements established by
[regulations pursuant to section three thousand two of this article] THE
COMMISSIONER and who is responsible for administration of  initial  life
saving care of sick and injured persons.
  6.  "Emergency  medical  technician" means an individual who meets the
minimum TRAINING, EDUCATION AND CERTIFICATION  requirements  established
by  [regulations pursuant to section three thousand two of this article]
THE COMMISSIONER and who is responsible  for  administration  or  super-
vision  of  initial emergency medical care and transportation of sick or
injured persons.
  7. "Advanced emergency medical technician" means an emergency  medical
technician  who  [has  satisfactorily  completed  an  advanced course of
training approved by the state council  under  regulations  pursuant  to
section  three thousand two of this article] MEETS THE MINIMUM TRAINING,
EDUCATION AND CERTIFICATION REQUIREMENTS ESTABLISHED BY THE COMMISSIONER
AND WHO IS RESPONSIBLE FOR ADMINISTRATION  OR  SUPERVISION  OF  ADVANCED
EMERGENCY MEDICAL CARE AND TRANSPORTATION OF SICK OR INJURED PERSONS.
  8.  "State [council] BOARD" means the New York state emergency medical
services [council] ADVISORY BOARD established pursuant to this article.
  9. "Regional [council]  BOARD"  means  a  regional  emergency  medical
services [council] ADVISORY BOARD established pursuant to this article.
  10.  "Enrolled  member"  means  any  member  of  a voluntary ambulance
service or voluntary advanced life support first  response  service  who
provides  emergency  medical  care  or transportation of sick or injured
persons without expectation of monetary compensation.
  11. "Advanced life support care" means definitive acute  medical  care
provided,  under  medical control, by advanced emergency medical techni-
cians within an advanced life support system.
  12. "Advanced life support system" means an  organized  acute  medical
care  system  to  provide advanced life support care on site or en route
to, from, or between general hospitals or other health care facilities.
  13. "Advanced life support mobile unit" means an ambulance or advanced
life support first response vehicle approved to  provide  advanced  life
support services pursuant to this article.
  14.  "Qualified medical and health personnel" means physicians, regis-
tered professional nurses and  advanced  emergency  medical  technicians
competent  in the management of patients requiring advanced life support
care.
  15. "Medical control" means: (a) advice and direction  provided  by  a
physician  or  under  the  direction  of  a physician to certified first
responders, emergency medical technicians or advanced emergency  medical
technicians  who are providing medical care at the scene of an emergency
or en route to a health care facility; and (b) indirect medical  control
including  the written policies, procedures, and protocols for prehospi-
tal emergency medical care and transportation developed  by  [the  state
emergency  medical  advisory  committee, approved by the state emergency
medical services council  and]  the  commissioner,  and  implemented  by
regional EMERGENCY medical advisory committees.

S. 6260                            43                            A. 9060

  16.  "Regional  EMERGENCY medical advisory committee" means a group of
five or more physicians, and one or more non-voting  individuals  repre-
sentative  of  each  of  the  following:  hospitals,  basic life support
providers,  advanced  life  support  providers  and  emergency   medical
services  training  sponsor  medical  directors approved by the affected
regional [emergency medical services councils] BOARDS.
  17. "Advanced life support first response service" means an  organiza-
tion  which  provides advanced life support care, but does not transport
patients.
  18. ["EMS program agency" means a not-for-profit corporation or  muni-
cipality  designated  by  the state council and approved by the affected
regional council or councils to facilitate the development and operation
of an emergency medical services system within a region as  directed  by
the regional council under this article.
  19.] "Operator" means any person who by reason of a direct or indirect
ownership  interest  (whether  of record or beneficial) has the ability,
acting either alone or in concert with others with ownership  interests,
to  direct  or  cause  the direction of the management or policies of an
ambulance service or advanced life support first response service.
  19. "MUTUAL AID" MEANS THE PRE-PLANNED AND ORGANIZED RESPONSE OF EMER-
GENCY MEDICAL SERVICES, AND OTHER EMERGENCY PERSONNEL AND EQUIPMENT,  TO
A  REQUEST FOR ASSISTANCE IN AN EMERGENCY WHEN LOCAL RESOURCES HAVE BEEN
EXPENDED. THE RESPONSE IS PREDICATED ON FORMAL AGREEMENTS AMONG  PARTIC-
IPATING AGENCIES OR JURISDICTIONS.
  20.  "Mutual aid agreement" means a written agreement, entered into by
two or more ambulance services or advanced life support  first  response
services  possessing  valid  [ambulance service or advanced life support
first response service certificates or statements of registration] OPER-
ATING AUTHORITY, FIRE SERVICES AS DEFINED BY SECTION TWO HUNDRED  NINE-B
OF THE GENERAL MUNICIPAL LAW, OR THE GOVERNING BODY OF ANY CITY, TOWN OR
VILLAGE,  for  the  organized,  SUPERVISED, coordinated, and cooperative
reciprocal mobilization of personnel, equipment, services, or facilities
for [back-up or support upon request as required pursuant to  a  written
mutual aid plan] OUTSIDE SERVICE UPON REQUEST.  An ambulance service and
advanced  life  support first response service may participate in one or
more mutual aid agreements.
  21. "Primary territory" means  the  geographic  area  or  subdivisions
listed on an ambulance service certificate [or statement of registration
within which the ambulance service may receive patients for transport].
  22.  "STATEWIDE  EMS  MOBILIZATION PLAN" MEANS AN ESTABLISHED PLAN FOR
THE FORMAL AND UNIFORM  NOTIFICATION  AND  ACTIVATION  OF  AMBULANCE  OR
ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICES.
  23.  "COUNTY  MUTUAL  AID  PLAN" MEANS A WRITTEN MUTUAL AID AGREEMENT,
ENTERED INTO BY TWO OR MORE AMBULANCE SERVICES OR ADVANCED LIFE  SUPPORT
FIRST  RESPONSE  SERVICES  POSSESSING  VALID  OPERATING  AUTHORITY, FIRE
SERVICES AS DEFINED BY SECTION TWO HUNDRED NINE-B OF THE GENERAL MUNICI-
PAL LAW, OR THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE, FACILITATED
OR COORDINATED BY THE COUNTY FOR THE ORGANIZED, SUPERVISED, COORDINATED,
AND  COOPERATIVE  RECIPROCAL  MOBILIZATION  OF   PERSONNEL,   EQUIPMENT,
SERVICES,  OR  FACILITIES  FOR  OUTSIDE  SERVICE  UPON  REQUEST  FOR THE
PURPOSES OF PROVIDING EMERGENCY MEDICAL TREATMENT AND/OR TRANSPORTATION.
  S 80. Section 3002 of the public health law  is  REPEALED  and  a  new
section 3002 is added to read as follows:
  S  3002.  NEW YORK STATE EMERGENCY MEDICAL SERVICES ADVISORY BOARD. 1.
THERE IS HEREBY CREATED WITHIN THE DEPARTMENT OF  HEALTH  THE  NEW  YORK
STATE EMERGENCY MEDICAL SERVICES ADVISORY BOARD. THE BOARD SHALL CONSIST

S. 6260                            44                            A. 9060

OF  TWENTY-THREE  MEMBERS,  APPOINTED  BY THE COMMISSIONER, WHO SHALL BE
REPRESENTATIVE OF THE DIVERSITY OF  THE  EMERGENCY  MEDICAL  AND  TRAUMA
SYSTEM  IN  THE  STATE,  PARTICULARLY  REGARDING DIVERSITY IN GEOGRAPHY,
INDUSTRY  AND  PATIENT  CARE. MEMBERS SHALL SERVE AT THE PLEASURE OF THE
COMMISSIONER FOR THREE YEAR TERMS, EXCEPT THAT THE TERM OF ELEVEN OF THE
INITIAL ADVISORY MEMBERS SHALL BE FOR TWO YEARS; PROVIDED THAT A  MEMBER
SHALL  CONTINUE  TO SERVE IN FULL CAPACITY UNTIL SUCH TIME AS THE MEMBER
RESIGNS, IS REMOVED OR REPLACED. NO PERSON MAY SERVE  AS  A  MEMBER  FOR
MORE  THAN TWO CONSECUTIVE TERMS TOTAL. THE COMMISSIONER SHALL APPOINT A
CHAIR AND A VICE-CHAIR. MEMBERS OF THE  STATE  BOARD  SHALL  RECEIVE  NO
COMPENSATION FOR THEIR SERVICES AS MEMBERS.
  2.  NO  CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER,
OFFICER OR EMPLOYEE OF THE STATE BOARD FOR ANY ACT DONE, FAILURE TO ACT,
OR STATEMENT OR OPINION MADE, WHILE DISCHARGING HIS OR HER DUTIES  AS  A
MEMBER,  OFFICER  OR  EMPLOYEE  OF THE STATE BOARD, WITHOUT LEAVE FROM A
JUSTICE OF THE SUPREME COURT, FIRST HAD AND OBTAINED. IN NO EVENT  SHALL
SUCH  MEMBER,  OFFICER  OR  EMPLOYEE  BE  LIABLE FOR DAMAGES IN ANY SUCH
ACTION IF HE OR SHE SHALL HAVE ACTED IN GOOD FAITH, WITH REASONABLE CARE
AND UPON PROBABLE CAUSE.
  3. THE STATE BOARD SHALL ADVISE THE DEPARTMENT ON  ISSUES  RELATED  TO
EMERGENCY  MEDICAL  SERVICES,  PEDIATRIC  CARE, TRAUMA CARE AND DISASTER
CARE, AND ASSIST IN THE COORDINATION OF SUCH, INCLUDING BUT NOT  LIMITED
TO  THE  DEVELOPMENT,  PERIODIC  REVISION,  AND APPLICATION OF RULES AND
REGULATIONS, APPROPRIATENESS REVIEW STANDARDS, AND  QUALITY  IMPROVEMENT
GUIDELINES,  AS  THE  COMMISSIONER  AND  THE DEPARTMENT MAY REQUEST. THE
STATE BOARD SHALL HAVE THE SAME AUTHORITY GRANTED TO REGIONAL BOARDS  BY
THE ARTICLE IN ANY REGION OF THE STATE IN WHICH A REGIONAL BOARD HAS NOT
BEEN ESTABLISHED. THE STATE BOARD MAY MEET AS FREQUENTLY AS REQUESTED BY
THE DEPARTMENT.
  4. UPON APPEAL FROM ANY CONCERNED PARTY, THE STATE BOARD MAY RECOMMEND
AMENDMENT,  MODIFICATION  AND REVERSAL OF DETERMINATIONS OF THE REGIONAL
BOARDS AND REGIONAL EMERGENCY MEDICAL ADVISORY COMMITTEES MADE  PURSUANT
TO ANY SECTION OF THIS ARTICLE. THE COMMISSIONER SHALL REVIEW ALL DETER-
MINATIONS  OF THE STATE BOARD AND MAY APPROVE, DISAPPROVE OR MODIFY SUCH
DETERMINATIONS. ALL DETERMINATIONS APPROVED, DISAPPROVED OR MODIFIED  BY
THE  COMMISSIONER  SHALL  BE  SUBJECT  TO  REVIEW AS PROVIDED IN ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. APPLICATION FOR  SUCH
REVIEW  MUST  BE  MADE  WITHIN  SIXTY DAYS AFTER SERVICE IN PERSON OR BY
REGISTERED OR CERTIFIED MAIL.
  5. THE COMMISSIONER MAY APPOINT A TECHNICAL ADVISORY GROUP TO  COMPILE
AND  REVIEW DATA, DRAFT DOCUMENTS, OR PERFORM OTHER TASKS RELATED TO THE
DISCOVERY OR PRODUCTION OF INFORMATION NEEDED IN  ORDER  FOR  THE  STATE
BOARD  TO PROPERLY CONSIDER A MATTER. TECHNICAL ADVISORY GROUPS SHALL BE
APPOINTED ONLY FOR A LIMITED AND DEFINED PERIOD OF TIME IN THE  PERFORM-
ANCE  OF  A  SPECIFIC TASK IN RELATION TO A SPECIFIC MATTER. INFORMATION
OBTAINED OR PRODUCED BY THE TECHNICAL ADVISORY GROUP SHALL  BE  PROVIDED
TO AND EXAMINED BY THE STATE ADVISORY BOARD.
  S 81. Section 3002-a of the public health law is REPEALED.
  S  82. Section 3003 of the public health law, as added by chapter 1053
of the laws of 1974, subdivision 1 as amended by  chapter  1054  of  the
laws of 1974, subdivisions 2 and 5 as amended by chapter 445 of the laws
of  1993,  subdivisions 3 and 5-a as added and paragraph (a) of subdivi-
sion 10 as amended by chapter 804 of the laws of 1992, subdivision 4  as
amended  by  chapter 580 of the laws of 2007 and subdivision 10 as added
by chapter 1016 of the laws of 1981, is amended to read as follows:

S. 6260                            45                            A. 9060

  S  3003.  Regional  emergency  medical  services  [councils]  ADVISORY
BOARDS.  1.  The commissioner[, with the approval of the state council,]
shall designate regional emergency  medical  services  [councils  on  or
before  January  first, nineteen hundred seventy-eight] BOARDS but in no
event  shall  the number of regional [councils] BOARDS exceed [eighteen]
SIX.  Such A regional [councils] BOARD shall be established on the basis
of application for designation as A regional [councils] BOARD  submitted
by  local organizations, the members of which are knowledgeable in vari-
ous aspects  of  emergency  medical  services.  Such  application  shall
describe the geographic area to be served and contain a list of nominees
for  appointment  to  membership on such regional [councils] BOARD and a
statement as to the proposed method of operation in such detail  as  the
commissioner[, with the approval of the state council,] shall prescribe.
  2.  Each  regional  [council]  BOARD  shall  be  comprised of at least
fifteen but not more than thirty members to be  initially  appointed  by
the  commissioner, [with the approval of the state council] IN CONSULTA-
TION WITH THE STATE BOARD, from nominations submitted by local organiza-
tions applying for establishment as the regional [council]  BOARD.  SUCH
MEMBERS  SHALL  BE  REPRESENTATIVE OF THE DIVERSITY OF EMERGENCY MEDICAL
SERVICES IN THE  REGION;  PARTICULARLY  WITH  RESPECT  TO  DIVERSITY  IN
GEOGRAPHY,  INDUSTRY  AND PATIENT CARE.   Not less than one-third of the
membership of the regional [councils] BOARDS shall be representatives of
ambulance services and the remaining membership of the  regional  [coun-
cils] BOARDS shall consist of, but not be limited to, representatives of
existing  local  emergency  medical care committees, physicians, nurses,
hospitals, health  planning  agencies,  fire  department  emergency  and
rescue squads, public health officers and the general public. The county
EMS  coordinator,  established  pursuant  to section two hundred twenty-
three-b of the county law, of any county within the region  shall  serve
as  an  ex  officio  member  of  the regional [council] BOARD; provided,
however, nothing in this subdivision shall prevent a county EMS  coordi-
nator  from  serving  as  a voting member of a regional [council] BOARD.
Members of each regional [council] BOARD shall be residents living with-
in the geographic area to be served by the regional [council] BOARD. The
presence of a majority of members shall constitute a quorum.
  3. Each regional [council] BOARD shall ASSIST THE  REGIONAL  EMERGENCY
MEDICAL ADVISORY COMMITTEES, OTHER REGIONAL BOARDS, STATE BOARD, DEPART-
MENT  AND COMMISSIONER, AS REQUIRED BY THIS ARTICLE AND REQUESTED BY THE
DEPARTMENT AND COMMISSIONER, IN CARRYING  OUT  THE  PROVISIONS  OF  THIS
ARTICLE, AND SHALL have the power to:
  (a) [have a seal and alter the same at pleasure;
  (b) acquire, lease, hold, and dispose of real and personal property or
any interest therein for its purposes;
  (c)  make  and alter by-laws for its organization and internal manage-
ment, and rules and regulations governing the exercise of its powers and
the fulfillment of its purposes under this article; such rules and regu-
lations must be filed with the secretary of  state  and  the  state  EMS
council;
  (d) enter into contracts for employment of such officers and employees
as  it  may  require  for  the performance of its duties; and to fix and
determine their qualifications, duties, and compensation, and to  retain
and  employ  such  personnel  as  may  be required for its purposes; and
private consultants on a contract basis or otherwise, for the  rendering
of professional or technical services and advice;
  (e)  enter  into  contracts,  leases, and subleases and to execute all
instruments necessary or convenient for the  conduct  of  its  business,

S. 6260                            46                            A. 9060

including contracts with the commissioner and any state agency or munic-
ipal  entity;  and  contracts  with  hospitals  and  physicians  for the
purposes of carrying out its powers under this article;
  (f)]  undertake or cause to be undertaken plans, surveys, analyses and
studies necessary, convenient or desirable for the effectuation  of  its
purposes  and  powers,  and  to  prepare  recommendations and reports in
regard thereto;
  [(g)] (B) fix and collect reasonable fees, rents,  and  other  charges
for the use of its equipment and the provision of its services;
  [(h)  contract  for  and  to accept any gifts or grants, subsidies, or
loans of funds or property, or financial or other aid in any  form  from
the  federal or state government or any agency or instrumentality there-
of; or from any other source, public or private, and to comply,  subject
to  the provisions of this article, with the terms and conditions there-
of; provided, however, that the councils may  contract  for  payment  of
debt  evidenced  by  bonds  or  notes or other evidence of indebtedness,
either directly or through a lease purchase agreement;
  (i)] (C) recommend to the department approval of training course spon-
sors within its region, and to develop, promulgate and implement annual-
ly an EMS training plan which addresses the needs of its region;
  [(j)] (D) enter into [contracts or memoranda of agreement]  AGREEMENTS
with  other regional [councils] BOARDS to provide services in a joint or
cooperative manner; and [to enter into contracts or memoranda of  agree-
ment  with an EMS program agency to carry out one or more of its respon-
sibilities under this article;
  (k) procure insurance against any loss or liability in connection with
the use, management, maintenance, and operation  of  its  equipment  and
facilities,  in  such  amounts  and  from such insurers as it reasonably
deems necessary;
  (l)  approve]  (E)  RECOMMEND  TO  THE  COMMISSIONER  INDIVIDUALS  FOR
APPOINTMENT TO ITS regional medical advisory committee [nominees;
  (m)  provide  focused technical assistance and support to those volun-
tary ambulance services  operating  under  exemptions,  to  assist  such
services  in progressing toward the uniform standards established pursu-
ant to this section. Such assistance and support shall include, but  not
be limited to, volunteer recruitment and management training; and
  (n) do all things necessary, convenient and desirable to carry out its
purposes and for the exercise of the powers granted in this article].
  4.  Each  regional  [council]  BOARD  shall have the responsibility to
coordinate  emergency  medical  services  programs  within  its  region,
including  but  not  limited  to, the establishment of emergency medical
technician courses and the issuance of uniform emergency medical techni-
cian insignia and certificates. Such  training  courses  shall  be  made
available by video or computer to the maximum extent possible.
  5.  [The]  EACH regional [council] BOARD shall have the responsibility
to make determinations of public need for  the  establishment  of  addi-
tional  emergency  medical  services  and  ambulance services WITHIN ITS
GEOGRAPHIC AREA and  to  make  the  determinations  of  public  need  as
provided  in  section three thousand eight OF THIS ARTICLE. The regional
[council] BOARD shall make such determination by an affirmative vote  of
a majority of all of those members consisting of voting members.
  [5-a. The regional emergency medical services council is authorized to
grant  an  exemption  from  the  staffing standards set forth in section
three thousand five-a of this article to a voluntary  ambulance  service
operating solely with enrolled members or paid emergency medical techni-
cians  which  has demonstrated a good faith effort to meet the standards

S. 6260                            47                            A. 9060

and is unable to meet such standards because of factors deemed appropri-
ate by the regional council. An exemption shall be for a period  not  to
exceed  two  years  and shall be conditioned on the participation by the
voluntary service in a program to achieve compliance which shall include
technical  assistance  and support from the regional council tailored to
the needs and resources at the local level, as provided by paragraph (m)
of subdivision three of this section, to be funded by the New York state
emergency medical services  training  account  established  pursuant  to
section  ninety-seven-q of the state finance law, such account as funded
by a chapter of the laws of nineteen hundred ninety-three. Nothing shall
prevent the regional council from issuing  subsequent  exemptions.  Such
exemptions  shall  have  no effect whatsoever on the insurability of the
organization receiving such exemption and such exemption  shall  not  be
used as a basis for increasing insurance rates or premiums related ther-
eto,  notwithstanding  any  other provision of law, rule, regulation, or
commissioner's ruling or advisory to the contrary. Prior to  issuing  an
exemption,  the  regional council shall provide written notice by certi-
fied mail to the chief executive officers of all general  hospitals  and
municipalities  in  the  county  or  counties  within  which the service
requesting an exemption operates. Such notice shall provide  opportunity
for  comment  on  the issuance of the exemption.  Notice of the determi-
nation of the regional council shall be provided within ten days of  the
determination  to the applicant, the department, and any party receiving
notification of the application who  requests  notice  of  the  determi-
nation. The applicant, the department, or any concerned party may appeal
the  determination  of  the regional council to the state council within
thirty days after the regional council makes its determination.]
  6. The term of office of members  of  [the]  EACH  regional  [council]
BOARD shall be four years, except that of those members first appointed,
at  least  one-half  but not more than two-thirds shall be for [terms] A
TERM not to exceed two years.
  7. Each regional [council] BOARD shall meet as frequently as its busi-
ness may require.
  8. [The commissioner, upon request of the regional council, may desig-
nate an officer or employee of the department to act as secretary of the
regional council, and may assign from time to time such other  employees
as the regional council may require.
  9.]  No civil action shall be brought in any court against any member,
officer or employee of any designated regional [council] BOARD  for  any
act  done, failure to act, or statement or opinion made, while discharg-
ing his duties as a member, officer or employee of the  regional  [coun-
cil] BOARD, without leave from a justice of the supreme court, first had
and obtained. In any event such member, officer or employee shall not be
liable  for  damages  in  any such action if he shall have acted in good
faith, with reasonable care and upon probable cause.
  [10. (a) The department shall provide each regional council  with  the
funds necessary to enable such regional council to carry out its respon-
sibilities  as  mandated  under this section within amounts appropriated
therefor.
  (b) Such funds shall be provided upon approval by the department of an
application submitted by  a  regional  council.  The  application  shall
contain  such  information and be in such form as the commissioner shall
require pursuant to rules and  regulations  which  he  shall  promulgate
after  consultation  with  the  state  council  in  order  to effect the
purposes and provisions of this subdivision.]

S. 6260                            48                            A. 9060

  9. ALL DETERMINATIONS OF THE REGIONAL BOARDS MAY BE  APPEALED  TO  THE
STATE  BOARD PURSUANT TO SUBDIVISION THREE OF SECTION THREE THOUSAND TWO
OF THIS ARTICLE.
  S 83. Section 3003-a of the public health law is REPEALED.
  S 84. Section 3004-a of the public health law, as added by chapter 804
of  the  laws of 1992, subdivision 4 as added by chapter 445 of the laws
of 1993, is renumbered section 3004 and amended to read as follows:
  S 3004. Regional emergency medical advisory  committees.  1.  Regional
emergency  medical  advisory  committees  shall develop policies, proce-
dures, and triage, treatment, and transportation protocols FOR EMERGENCY
MEDICAL SERVICES which are consistent with the STATE-WIDE MINIMUM stand-
ards [of the state emergency medical advisory committee] ESTABLISHED  BY
THE COMMISSIONER IN CONSULTATION WITH THE STATE BOARD, and which address
specific  local conditions.  Regional emergency medical advisory commit-
tees may also approve physicians to provide  on  line  medical  control,
coordinate  the  development  of  regional  medical control systems, and
participate in quality  improvement  activities  addressing  system-wide
concerns.  Hospitals  and  prehospital  medical  care  services shall be
authorized to release patient outcome information to regional  emergency
medical  advisory  committees for purposes of assessing prehospital care
concerns. Regional quality improvement programs shall be presumed to  be
an  extension  of  the  quality improvement program set forth in section
three thousand six of this article, and the provisions  of  subdivisions
two  and  three  of  such section three thousand six shall apply to such
programs.
  2. [The committee shall nominate to the commissioner a physician  with
demonstrated  knowledge  and experience in emergency medical services to
serve on the state emergency medical advisory committee.
  3.] No civil action shall be brought in any court against any  member,
officer  or  employee of the committee for any act done, failure to act,
or statement or opinion made, while discharging his or her duties  as  a
member,  officer,  or  employee  of  the committee, without leave from a
justice of the supreme court, first had and obtained.  In no event shall
such member, officer, or employee be liable  for  damages  in  any  such
action if he or she shall have acted in good faith, with reasonable care
and upon probable cause.
  [4.]  3. Any decision of a regional emergency medical advisory commit-
tee regarding provision of a level of care, including staffing  require-
ments,  may be appealed to the state [emergency medical advisory commit-
tee] BOARD by any  regional  [EMS  council]  BOARD,  ambulance  service,
advanced  life  support  service,  certified  first responder, emergency
medical technician, or advanced emergency medical  technician  adversely
affected.    No  action shall be taken to implement a decision regarding
existing levels of care or staffing while an appeal of such decision  is
pending. [Any decision of the state emergency medical advisory committee
may  be appealed pursuant to subdivision two-a of section three thousand
two-a of this article.]
  S 85. Section 3005 of the public health law, as amended by chapter 804
of the laws of 1992, subdivision 5 as amended and subdivision 8 as added
by chapter 445 of the laws of 1993, is amended to read as follows:
  S 3005. Ambulance service certificates. 1. No ambulance service [oper-
ating for profit, hospital  ambulance  service  or  municipal  ambulance
service  of  a  city  of over one million population shall operate on or
after September first, nineteen hundred seventy-five unless it possesses
a valid ambulance service certificate issued pursuant to  this  article.
Effective  January  first,  nineteen  hundred ninety-seven, no ambulance

S. 6260                            49                            A. 9060

service shall be operated unless it possesses a valid ambulance  service
operating certificate issued pursuant to this article or has been issued
a  statement  of  registration.  No advanced life support first response
service  shall operate unless it possesses a valid advanced life support
first responder service operating certificate. Effective January  first,
two  thousand,  no  ambulance  service]  OR  ADVANCE  LIFE SUPPORT FIRST
RESPONSE SERVICE shall be operated unless it possesses a valid operating
certificate.
  2. [The department shall issue an initial certificate to an  ambulance
service  certified  prior  to  the  effective  date of this section upon
submission of proof that it is the holder of a valid  ambulance  service
certificate  and  is  otherwise in compliance with provisions of section
three thousand nine of this article.
  2-a. Prior to January first, two thousand, the department shall  issue
an  initial  certificate to a registered ambulance service in possession
of a valid registration provided that such service has  been  issued  an
exemption issued by a regional council pursuant to subdivision five-a of
section three thousand three of this article.
  3.  The  department  shall issue an initial certificate to an advanced
life support first response service upon submission of proof  that  such
advanced  life support first response service is staffed and equipped in
accordance with rules and regulations promulgated pursuant to this arti-
cle and is otherwise in compliance  with  provisions  of  section  three
thousand nine of this article.
  4.]  A certificate issued BY THE DEPARTMENT to an ambulance service or
advanced life support first response service  shall  be  valid  for  two
years.  The  initial  certification  fee  shall  be  [one] THREE hundred
dollars. Thereafter the biennial fee shall be  in  accordance  with  the
schedule  of fees established by the commissioner pursuant to this arti-
cle. However, there shall be no initial  or  renewal  certification  fee
required  of  a  voluntary  ambulance service or voluntary advanced life
support first response service.
  [5.] 3. No initial certificate [(except  initial  certificates  issued
pursuant to subdivision two of this section)] shall be issued unless the
commissioner finds that the proposed operator or operators are competent
and  fit  to  operate  the  service  and  that  the ambulance service or
advanced life support first response service is staffed and equipped  in
accordance with rules and regulations promulgated pursuant to this arti-
cle.
  [6.]  4.  No ambulance service or advanced life support first response
service shall begin operation without prior approval of the  appropriate
regional  [council] BOARD, or if there is no appropriate regional [coun-
cil] BOARD established such ambulance service or advanced  life  support
first response service shall apply for approval from the state [council]
BOARD  as  to  the public need for the establishment of additional ambu-
lance service or advanced life support first response service,  pursuant
to section three thousand eight of this article.
  [7.]  5.  Applications for a certificate shall be made by the owner of
an ambulance service or advanced life  support  first  response  service
operating  for  profit  or the responsible official of a voluntary ambu-
lance service or advanced life support first response service upon forms
provided by the department.  The application shall state  the  name  and
address  of  the owner and PROVIDE such other information as the depart-
ment may require pursuant to rules and regulations.
  [8.] 6. For  purposes  of  this  article,  competent  means  that  any
proposed  operator  of  any  ambulance  service or advanced life support

S. 6260                            50                            A. 9060

first response service who is already or had been within  the  last  ten
years  an  incorporator,  director,  sponsor,  principal stockholder, or
operator of any ambulance service, hospital,  private  proprietary  home
for  adults,  residence  for  adults, or non-profit home for the aged or
blind which has been  issued  an  operating  certificate  by  the  state
department  of  social  services,  or  a halfway house, hostel, or other
residential facility or institution for the care, custody, or  treatment
of  the  mentally  disabled subject to the approval by the department of
mental hygiene, or any invalid coach service subject to approval by  the
department of transportation, is rendering or did render a substantially
consistent  high  level  of  care. For purposes of this subdivision, the
[state emergency medical services council] COMMISSIONER, IN CONSULTATION
WITH THE STATE BOARD, shall [adopt] PROMULGATE rules  and  regulations[,
subject  to the approval of the commissioner,] to establish the criteria
to be used to define substantially consistent high level  of  care  with
respect  to  ambulance  services,  advanced  life support first response
services, and invalid coaches, except that the commissioner may not find
that a consistently high level of care has  been  rendered  where  there
have  been  violations  of the state EMS code, or other applicable rules
and regulations, that (i) threatened  to  directly  affect  the  health,
safety,  or  welfare of any patient, and (ii) were recurrent or were not
promptly corrected. For purposes of this article, the rules  adopted  by
the state [hospital review and planning council] PUBLIC HEALTH AND PLAN-
NING  COUNCIL  with respect to subdivision three of section twenty-eight
hundred one-a of this chapter shall apply to other types  of  operators.
Fit  means  that  the  operator  or  proposed  operator (a) has not been
convicted of a crime or pleaded  nolo  contendere  to  a  felony  charge
involving  murder,  manslaughter, assault, sexual abuse, theft, robbery,
fraud, embezzlement, drug abuse, or sale of drugs and (b) is not or  was
not subject to a state or federal administrative order relating to fraud
or  embezzlement,  unless the commissioner finds that such conviction or
such order does not demonstrate a present risk or danger to patients  or
the public.
  S 86. Section 3005-a of the public health law, as added by chapter 804
of the laws of 1992, subdivision 1 as amended by chapter 445 of the laws
of 1993, is amended to read as follows:
  S  3005-a.  Staffing  standards;  ambulance services and advanced life
support first response services.  [1.] The following staffing  standards
shall be in effect unless otherwise provided by this section:
  [(a)  effective January first, nineteen hundred ninety-seven the mini-
mum staffing standard for a registered  ambulance  service  shall  be  a
certified first responder with the patient;
  (b)  effective January first, two thousand, the] 1. THE minimum staff-
ing standard for [a voluntary] EACH ambulance service shall be an  emer-
gency medical technician with the patient;
  [(c)  the  minimum  staffing standard for all other ambulance services
shall be an emergency medical technician with the patient; and
  (d)] 2. the minimum staffing standard for  an  advanced  life  support
first response service shall be an advanced emergency medical technician
with  the  patient.  Circumstances  permitting  other than advanced life
support care by an advanced life support first response service  may  be
established  by  rule  PROMULGATED by [the state council, subject to the
approval of] the commissioner, IN CONSULTATION WITH THE STATE BOARD.
  [2. Any service granted an exemption by the regional council  pursuant
to  subdivision  five-a  of section three thousand three of this article
shall be subject to the standards and terms of the exemption.

S. 6260                            51                            A. 9060

  3. Notwithstanding any other provision of this article, the  effective
date  of  the  standards established by this section shall be delayed by
one year for each fiscal year, prior to January first, two thousand,  in
which  the amounts appropriated are less than that which would have been
expended  pursuant  to  the  provisions of section ninety-seven-q of the
state finance law.]
  S 87. Section 3005-b of the public health law, as added by chapter 563
of the laws of 2001, subdivision 2 as amended by chapter 643 of the laws
of 2006, is amended to read as follows:
  S 3005-b. Emergency  medical  technician  five  year  re-certification
demonstration  program. 1. There is hereby created within the department
a demonstration program (referred to in this section as  the  "program")
to  allow  emergency  medical technicians and advanced emergency medical
technicians who have been in continuous practice  and  who  have  demon-
strated  competence in applicable behavioral and performance objectives,
to be re-certified for a five year period. No person shall be  re-certi-
fied  under  the  program  unless  he  or she has completed at least one
hundred thirty hours of instruction in  emergency  medical  services  as
approved  by  the  commissioner including but not limited to pediatrics,
geriatrics, environmental emergencies, legal issues,  emergency  vehicle
operations  course  and medical emergencies.  [Renewals of certification
under the program shall be deemed equivalent to renewals under  subdivi-
sion two of section three thousand two of this article.]
  2. The program shall be limited to persons who are employed by the New
York city fire department [or who are in practice in the following coun-
ties:  Delaware, Fulton, Hamilton, Montgomery, Nassau, Otsego, Schoharie
or Suffolk]. The commissioner may limit the number  of  participants  in
the  program, except that such limit shall be no less than four thousand
participants.
  [3. Within a year after implementing the program and  annually  there-
after, the commissioner shall report to the governor and the legislature
on  the  impact  of  the  program on the quality of patient care and the
effectiveness of the program in retaining and recruiting certified emer-
gency medical technicians and advanced emergency medical technicians.
  4. The commissioner, in consultation with the state emergency  medical
services  council,  shall  make  regulations necessary to implement this
section.]
  S 88. Section 3006 of the public health law, as added by  chapter  804
of the laws of 1992, subdivision 1 as amended and subdivision 4 as added
by chapter 445 of the laws of 1993, is amended to read as follows:
  S  3006.  Quality improvement program.  1. [By January first, nineteen
hundred ninety-seven, every] EVERY ambulance service and  advanced  life
support first response service shall establish or participate in a qual-
ity improvement program, which shall be an ongoing system to monitor and
evaluate the quality and appropriateness of the medical care provided by
the  ambulance  service or advanced life support first response service,
and which shall pursue opportunities to  improve  patient  care  and  to
resolve  identified  problems.  The  quality  improvement program may be
conducted independently or in collaboration with  other  services,  with
the  appropriate  regional  [council, with an EMS program agency] BOARD,
with a hospital, or with another appropriate  organization  approved  by
the  department. Such program shall include a committee of at least five
members, at least three of whom do not participate in the  provision  of
care  by  the service. At least one member shall be a physician, and the
others shall be nurses, or emergency medical  technicians,  or  advanced
emergency  medical  technicians, or other appropriately qualified allied

S. 6260                            52                            A. 9060

health personnel. The  quality  improvement  committee  shall  have  the
following responsibilities:
  (a)  to  review  the  care  rendered  by the service, as documented in
prehospital care reports and other materials. The committee  shall  have
the  authority to use such information to review and to recommend to the
governing body changes in administrative policies and procedures, as may
be necessary, and shall notify the governing body of  significant  defi-
ciencies;
  (b)  to  periodically  review  the  credentials and performance of all
persons providing emergency medical care on behalf of the service;
  (c) to periodically  review  information  concerning  compliance  with
standard  of  care  procedures  and protocols, grievances filed with the
service by patients or their families, and the occurrence  of  incidents
injurious  or  potentially  injurious to patients. A quality improvement
program shall also include participation in the department's prehospital
care reporting system and the provision of continuing education programs
to address areas in which compliance with procedures  and  protocols  is
most  deficient  and  to  inform  personnel of changes in procedures and
protocols.  Continuing education programs may be provided by the service
itself or by other organizations; and
  (d) to present data to the regional EMERGENCY medical advisory commit-
tee and to participate in system-wide evaluation.
  1-A.  THE DEPARTMENT SHALL DEVELOP AND MAINTAIN STATEWIDE AND REGIONAL
QUALITY IMPROVEMENT PROGRAMS FOR TRAUMA AND DISASTER CARE,  WHICH  SHALL
BE INTEGRATED WITH THE QUALITY IMPROVEMENT PROGRAM FOR EMERGENCY MEDICAL
SERVICES,  AND  INCORPORATE QUALITY IMPROVEMENT PROGRAMS FROM ALL COMPO-
NENTS OF THE TRAUMA SYSTEM, INCLUDING, BUT NOT LIMITED TO,  FULLY  INTE-
GRATED STATEWIDE AND REGIONAL TRAUMA REGISTRIES.
  2.  The information required to be collected and maintained, including
[information from the prehospital care reporting system which identifies
an individual] PATIENT  IDENTIFYING  INFORMATION  AND  PROTECTED  HEALTH
INFORMATION, shall be kept confidential and shall not be released except
to the department or pursuant to section three thousand [four-a] FOUR of
this article.
  3.  Notwithstanding  any  other provisions of law, none of the MEDICAL
records, documentation, or [committee] actions or  records  required  OF
ANY  QUALITY  IMPROVEMENT  COMMITTEE  pursuant  to this section shall be
subject to disclosure under article six of the public  officers  law  or
article  thirty-one of the civil practice law and rules, except as here-
inafter provided or as provided in any other provision of law. No person
in attendance at a meeting of any [such] QUALITY  IMPROVEMENT  committee
shall  be required to testify as to what transpired thereat.  The prohi-
bition related to disclosure of testimony shall not apply to the  state-
ments  made by any person in attendance at such a meeting who is a party
to an action or proceeding the subject of  which  was  reviewed  at  the
meeting.   The prohibition of disclosure of information from the prehos-
pital care reporting system shall not apply to  information  which  does
not identify a particular ambulance service or individual.
  4.  Any  person who in good faith and without malice provides informa-
tion to further the purpose of this section or who, in  good  faith  and
without  malice, participates on the quality improvement committee shall
not be subject to any action for civil damages  or  other  relief  as  a
result of such activity.
  S  89. Section 3008 of the public health law, as added by chapter 1053
of the laws of 1974, subdivisions 1 and 2 as amended by chapter  804  of
the laws of 1992, subdivision 3 as amended by chapter 252 of the laws of

S. 6260                            53                            A. 9060

1981,  subdivision  6  as  added  by chapter 850 of the laws of 1992 and
subdivision 7 as added by chapter 510 of the laws of 1997, is amended to
read as follows:
  S  3008.  Applications  for  determinations of public need.   1. Every
application for a determination of public need shall be made in  writing
to  the  appropriate regional [council] BOARD, shall specify the primary
territory within which the applicant requests to  operate,  be  verified
under  oath,  and  shall be in such form and contain such information as
required by the rules and regulations promulgated pursuant to this arti-
cle.
  2. Notice of the application  shall  be  forwarded  by  registered  or
certified  mail by the appropriate regional [council] BOARD to the chief
executive officers of all general  hospitals,  ambulance  services,  and
municipalities  operating  within  the same county or counties where the
services seeks to operate. The  notice  shall  provide  opportunity  for
comment.
  3.  Notice  pursuant  to  this  section shall be deemed filed with the
ambulance service and municipality upon being mailed by the  appropriate
regional BOARD or state [council] BOARD by registered or certified mail.
  4.  The  appropriate  regional  [council] BOARD or the state [council]
BOARD shall make its determination of  public  need  within  sixty  days
after receipt of the application.
  5.  The  applicant or any concerned party may appeal the determination
of the appropriate regional [council] BOARD to the state council  within
thirty days after the regional [council] BOARD makes its determination.
  6.  In the case of an application for certification under this article
by a municipal ambulance service to serve the area  within  the  munici-
pality,  and the municipal ambulance service meets appropriate training,
staffing and equipment standards, there should be a presumption in favor
of approving the application.
  7. (a) Notwithstanding any other provision of law and subject  to  the
provisions  of this article, any municipality within this state, or fire
district acting on behalf of any such municipality, and  acting  through
its  local legislative body, is hereby authorized and empowered to adopt
and amend local laws, ordinances or resolutions to establish and operate
advanced life support first responder services  or  municipal  ambulance
services  within  the municipality, upon meeting or exceeding all stand-
ards set by the department for appropriate training, staffing and equip-
ment, and upon  filing  with  the  [New  York  state  emergency  medical
services  council] DEPARTMENT, a written request for such authorization.
Upon such filing, such municipal advanced life support  first  responder
service or municipal ambulance service shall be deemed to have satisfied
any and all requirements for determination of public need for the estab-
lishment of additional emergency medical services pursuant to this arti-
cle for a period of two years following the date of such filing. Nothing
in  this  article shall be deemed to exclude the municipal advanced life
support first responder service or municipal ambulance  service  author-
ized  to  be  established  and  operated  pursuant  to this article from
complying with any other requirement or provision of this article or any
other applicable provision of law.
  (b) In the case of an application for certification pursuant  to  this
subdivision,  for  a  municipal advanced life support or municipal ambu-
lance service, to serve the area  within  the  municipality,  where  the
proposed service meets or exceeds the appropriate training, staffing and
equipment  standards,  there  shall  be a strong presumption in favor of
approving the application.

S. 6260                            54                            A. 9060

  S 90. Section 3009 of the public health law is REPEALED.
  S 91. Section 3010 of the public health law, as amended by chapter 804
of the laws of 1992, subdivision 1 as amended by chapter 588 of the laws
of  1993  and subdivisions 2 and 3 as amended by chapter 445 of the laws
of 1993, is amended to read as follows:
  S 3010. Area of operation; transfers.    1.  Every  ambulance  service
certificate  [or  statement  of  registration] issued under this article
shall specify the primary territory within which the  ambulance  service
shall  be  permitted  to  operate.  An  ambulance  service shall receive
patients only within the primary territory specified  on  its  ambulance
service  certificate  [or  statement  of registration], except: (a) when
receiving a patient which it initially  transported  to  a  facility  or
location outside its primary territory; (b) as required for the fulfill-
ment  of  a  mutual  aid  agreement authorized by the regional [council]
BOARD, DEPARTMENT AND COMMISSIONER; (c) upon  express  approval  of  the
department  and  the  appropriate  regional  [emergency medical services
council] BOARD for a maximum of sixty days if necessary to meet an emer-
gency need; provided that in order to continue such operation beyond the
sixty day maximum period necessary to meet an emergency need, the  ambu-
lance  service  must satisfy the requirements of this article, regarding
determination of public need and specification of the primary  territory
on  the  ambulance  service certificate or statement of registration; or
(d) an ambulance service or advanced life support first response service
organization formed to serve the need for  the  provision  of  emergency
medical services in accordance with the religious convictions of a reli-
gious  denomination  may  serve  such  needs in an area adjacent to such
primary territory and, while responding to a call for such service,  the
needs  of other residents of such area at the emergency scene. Any ambu-
lance service seeking to operate in more  than  one  region  shall  make
application  to  each appropriate regional [council] BOARD.  Whenever an
application is made simultaneously to more than one  regional  [council]
BOARD,  the  applications  submitted  to  the regional [councils] BOARDS
shall be identical, or copies of each application shall be submitted  to
all the regional [councils] BOARDS involved.
  2.  No  ambulance service certificate shall be transferable unless the
regional  [council]  BOARD  and  the  department  [reviews]  REVIEW  and
[approves] APPROVE the transfer as follows:
  a. Any change in the individual who is the sole proprietor of an ambu-
lance  service  shall  only  be  approved  upon a determination that the
proposed new operator is competent and fit to operate the service.
  b. Any change in a partnership which is  the  owner  of  an  ambulance
service  shall be approved based upon a determination that the new part-
ner or partners are competent  and  fit  to  operate  the  service.  The
remaining  partners  shall  not  be  subject  to a character and fitness
review.
  c. Any transfer, assignment or other disposition  of  ten  percent  or
more  of the stock or voting rights thereunder of a corporation which is
the owner of an ambulance service, or any transfer, assignment or  other
disposition  of  the  stock or voting rights thereunder of such a corpo-
ration which results in the ownership or control of ten percent or  more
of  the  stock  or  voting  rights  thereunder  by  any person, shall be
approved based upon a determination that the new stockholder  or  stock-
holder  proposing  to  obtain ten percent or more of the stock or voting
rights thereunder of such corporation is competent and  fit  to  operate
the  service. The remaining stockholders shall not be subject to a char-
acter and fitness review.

S. 6260                            55                            A. 9060

  d. Any transfer of all or substantially all of the assets of a  corpo-
ration  which  owns  or  operates a certified ambulance service shall be
approved based upon a determination that the individual, partnership, or
corporation proposing to obtain all or substantially all of  the  assets
of the corporation is competent and fit to operate the service.
  e.  Any  transfer  affected  in the absence of the review and approval
required by this section shall be null and void and the  certificate  of
such ambulance service shall be subject to revocation or suspension.
  3.  Nothing  contained  in this section shall be construed to prohibit
any voluntary ambulance service authorized by its governing authority to
do so from transporting any sick or  injured  resident  of  its  primary
territory  from  any  general  hospital  or  other  health care facility
licensed by the department, whether or  not  such  general  hospital  or
health  care  facility is within the service's primary territory, to any
other general hospital or health care facility licensed by  the  depart-
ment  for further care, or to such resident's home. Nothing contained in
this section shall be construed to prohibit  any  proprietary  ambulance
service  authorized by its governing body to do so from transporting any
sick or injured patient from any general hospital or other  health  care
facility licensed by the department whether or not such general hospital
or  health  care  facility is within the service's primary territory, to
any other general hospital or  health  care  facility  licensed  by  the
department  within  the service's primary territory for further care, or
to such patient's home, if such patient's home  is  within  its  primary
territory. Any ambulance service owned by or under contract to a general
hospital  licensed by the department may transport any specialty patient
from any other general hospital or health care facility licensed by  the
department  to the hospital owning such ambulance service, or with which
it has a contract. Categories of specialty patients shall be defined  by
rule  PROMULGATED  by  [the  state  emergency  medical services council,
subject to the approval of] the commissioner.
  4. No ambulance service certificate of an ambulance service which  has
discontinued operations for a continuous period in excess of thirty days
shall  be  transferable without the approval of the appropriate regional
[council] BOARD AND THE DEPARTMENT.
  S 92. Section 3011 of the public health law, as amended by chapter 804
of the laws of 1992, subdivision 3 as amended  and  subdivision  3-a  as
added  by  chapter 501 of the laws of 2000, subdivision 10 as amended by
chapter 206 of the laws of 2008 and subdivision 11 as added  by  chapter
542 of the laws of 1995, is amended to read as follows:
  S  3011.  Powers and duties of the department and the commissioner. 1.
THE COMMISSIONER SHALL ISSUE CERTIFICATION FOR CERTIFIED  FIRST  RESPON-
DER,  EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNI-
CIAN TO AN INDIVIDUAL WHO MEETS THE MINIMUM REQUIREMENTS ESTABLISHED  BY
REGULATIONS.
  2.  THE  COMMISSIONER  SHALL  ISSUE  CERTIFICATION  FOR  AMBULANCE AND
ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICES WHO HAVE RECEIVED A DETER-
MINATION OF NEED BY THE APPROPRIATE REGIONAL ADVISORY BOARD AND MEET THE
MINIMUM REQUIREMENTS ESTABLISHED BY REGULATIONS.
  3. The department may inquire into the operation of ambulance services
and advanced life support first response services and  conduct  periodic
inspections  of  facilities,  communication services, vehicles, methods,
procedures, materials, [staff  and]  STAFFING,  RECORDS,  equipment  AND
QUALITY  ASSURANCE  ACTIVITIES AND DOCUMENTATION.   It may also evaluate
data received from ambulance services and advanced  life  support  first
response services.

S. 6260                            56                            A. 9060

  [2.]  4.  The  department  may require ambulance services and advanced
life support first response services to submit periodic reports of calls
received, services performed and such other information as may be neces-
sary to carry out the provisions of this article.
  [3.]  5. THE COMMISSIONER, IN CONSULTATION WITH THE STATE BOARD, SHALL
DEVELOP STATEWIDE MINIMUM STANDARDS FOR: (A) MEDICAL CONTROL; (B)  SCOPE
OF  PREHOSPITAL  CARE PRACTICE; (C) TREATMENT, TRANSPORTATION AND TRIAGE
PROTOCOLS, INCLUDING PROTOCOLS FOR  INVASIVE  PROCEDURES  AND  INFECTION
CONTROL; AND (D) THE USE OF REGULATED MEDICAL DEVICES AND DRUGS BY EMER-
GENCY  MEDICAL  SERVICES  PERSONNEL  CERTIFIED PURSUANT TO THIS ARTICLE.
THE COMMISSIONER MAY ISSUE ADVISORY GUIDELINES IN ANY  OF  THESE  AREAS.
THE  DEPARTMENT  SHALL  REVIEW PROTOCOLS DEVELOPED BY REGIONAL EMERGENCY
MEDICAL ADVISORY COMMITTEES FOR CONSISTENCY WITH STATEWIDE STANDARDS.
  6. The commissioner, [with the advice and consent of the  state  coun-
cil] IN CONSULTATION WITH THE STATE BOARD, shall designate not more than
[eighteen]  SIX  geographic  areas  within  the state wherein a regional
[emergency medical services council]  BOARD  shall  be  established.  In
making  the  determination  of a geographic area, the commissioner shall
take into consideration the presence  of  ambulance  services,  hospital
facilities,  existing  emergency  medical  services  committees, trained
health personnel, health planning agencies and communication and  trans-
portation  facilities[;  and shall establish separate regional emergency
medical services councils for the counties of Nassau  and  Westchester].
The  commissioner  shall  [promote  and  encourage the establishment of]
ESTABLISH a regional [emergency medical services council] BOARD in  each
of said designated areas.
  [3-a. Notwithstanding any inconsistent provision of this article:
  a.  The creation of any regional council or emergency medical services
program agency on or after January first, two thousand shall not  dimin-
ish  any  then existing funding appropriated after the effective date of
this subdivision to regional  councils  or  emergency  medical  services
program agencies;
  b. Subject to the provisions of paragraph c of this subdivision, fund-
ing  for  regional councils and emergency medical services program agen-
cies existing on or after January first, two thousand shall be increased
in proportion to any funding appropriated therefor by the department and
in such proportion as determined by the department;
  c. Funding for any regional  council  or  emergency  medical  services
program  agency created on or after January first, two thousand shall be
in addition to any funds appropriated on  the  effective  date  of  this
subdivision  for regional councils or emergency medical services program
agencies existing on  January  first,  two  thousand.  Funding  for  any
regional  council  or  emergency medical services program agency created
after January first, two thousand shall be in an amount at  least  equal
to  the minimum funding level appropriated to regional councils or emer-
gency medical services program agencies existing on such date, or in  an
amount  equal  to the proportion that such new regional council or emer-
gency medical services program agency represented on the basis of  popu-
lation  in  its  former  regional  council or emergency medical services
program agency, whichever is larger.
  4. The commissioner may propose rules and regulations  and  amendments
thereto  for  consideration  by  the state council.] 7. The commissioner
shall establish a schedule of certification fees for ambulance  services
and  advanced  life support first response services other than voluntary
ambulance services and voluntary advanced life  support  first  response
services.

S. 6260                            57                            A. 9060

  [5.]  8.  For  the  purpose of promoting the public health, safety and
welfare the commissioner is hereby authorized and empowered to  contract
with  voluntary  ambulance services and municipal ambulance services, or
with the fire commissioners of fire districts operating voluntary  ambu-
lance  services,  upon such terms and conditions as he OR SHE shall deem
appropriate and within amounts made available therefor,  for  reimburse-
ment  of  the  necessary and incidental costs incurred by such ambulance
services in order to effectuate the provisions of this article.
  [6.] 9. The commissioner is hereby authorized,  for  the  purposes  of
effectuating  the  provisions  of  this  article in the development of a
statewide emergency medical service system, to contract with  any  ambu-
lance service or with the fire commissioners of fire districts operating
certified  voluntary  ambulance services for the use of necessary equip-
ment upon such terms and  conditions  as  the  commissioner  shall  deem
appropriate.
  [7.]  10.  THE  DEPARTMENT AND COMMISSIONER SHALL PREPARE, AND PERIOD-
ICALLY UPDATE AS NECESSARY, A STATEWIDE EMERGENCY MEDICAL SERVICES MOBI-
LIZATION PLAN, WHICH PROVIDES FOR THE IDENTIFICATION AND  DEPLOYMENT  OF
EMERGENCY  MEDICAL SERVICES PERSONNEL AND RESOURCES THROUGHOUT THE STATE
IN RESPONSE TO A LOCAL OR REGIONAL REQUEST.  UPON  NOTIFICATION  TO  THE
STATE  BOARD,  THE  REGIONAL  BOARDS, AND THE REGIONAL EMERGENCY MEDICAL
ADVISORY COMMITTEES, THE  PLAN  SHALL  BECOME  THE  STATEWIDE  EMERGENCY
MEDICAL SERVICES MOBILIZATION PLAN.
  11. The commissioner [may recommend to the state council minimum qual-
ifications]  SHALL,  IN  CONSULTATION  WITH THE STATE BOARD, ESTABLISH A
MINIMUM  SCOPE  OF  PRACTICE,  EDUCATION,  TRAINING,  CERTIFICATION  AND
CREDENTIALING  QUALIFICATIONS  for  certified  first  responders [(which
shall not exceed fifty-one hours)], emergency  medical  technicians  and
advanced  emergency  medical  technicians  in  all  phases  of emergency
medical technology including but not limited to,  communications,  first
aid,   equipment,  maintenance,  emergency  techniques  and  procedures,
patient management and knowledge of procedures and equipment  for  emer-
gency medical care.
  [8.  The  commissioner shall provide every certified ambulance service
and advanced life support first response service with an official insig-
nia which may be attached to every vehicle owned or operated by a certi-
fied ambulance service or advanced life support first response service.
  9. The department shall provide the state council with such assistance
as the council may request in order to carry out its responsibilities as
set forth in subdivision two-a of section three  thousand  two  of  this
article.
  10.]  12.  THE  DEPARTMENT  SHALL  REQUIRE  EVERY  CERTIFIED AMBULANCE
SERVICE AND ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE TO  DISPLAY  AN
OFFICIAL INSIGNIA WHICH MUST BE ATTACHED TO EVERY VEHICLE OWNED OR OPER-
ATED  BY  A  CERTIFIED  AMBULANCE SERVICE OR ADVANCED LIFE SUPPORT FIRST
RESPONSE SERVICE.
  13. The commissioner is hereby authorized and empowered to extend  the
certification  for  emergency  medical  technicians,  advanced emergency
medical technicians or certified first responders who have been  ordered
to active military duty, other than for training, [on or after the elev-
enth  day  of  September, two thousand one] and whose certification will
expire during their military duty [or within the six months  immediately
following  separation from military service]. The extended certification
shall be for the period of military duty and  for  twelve  months  after
they have been released from active military duty.

S. 6260                            58                            A. 9060

  [11.]  14. The commissioner, [with the advice and consent of the state
council] IN CONSULTATION WITH THE STATE BOARD,  shall  promulgate  rules
and  regulations  necessary  to ensure compliance with the provisions of
subdivision two of section sixty-seven hundred thirteen of the education
law;  AND  MAY FACILITATE DEVELOPMENT AND PERIODIC REVISION OF APPROPRI-
ATENESS REVIEW STANDARDS FOR EMERGENCY MEDICAL  SERVICES  AND  EMERGENCY
DEPARTMENTS,  PEDIATRIC  SERVICES AND PEDIATRIC CENTERS, TRAUMA SERVICES
AND TRAUMA CENTERS, BURN SERVICES AND BURN CENTERS,  AND  DISASTER  CARE
UNDER  ARTICLE TWENTY-EIGHT OF THIS CHAPTER, FOR ADOPTION BY THE COMMIS-
SIONER OR STATE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, AS  APPROPRI-
ATE.
  15.  THE  DEPARTMENT  AND COMMISSIONER, IN CONSULTATION WITH THE STATE
BOARD, SHALL CONTINUE THE CATEGORIZATION OF GENERAL HOSPITALS AND  OTHER
HEALTH  CARE FACILITIES FOR EMERGENCY MEDICAL CARE AND TRAUMA CARE UNDER
ARTICLE TWENTY-EIGHT OF THIS CHAPTER, AND THE DESIGNATION  OF  EMERGENCY
FACILITIES  IN  GENERAL  HOSPITALS  AND OTHER HEALTH CARE FACILITIES, AS
EMERGENCY DEPARTMENTS OR EMERGENCY SERVICES  APPROPRIATE  FOR  EMERGENCY
MEDICAL  CARE  AND GENERAL HOSPITALS AND OTHER HEALTH CARE FACILITIES AS
TRAUMA CENTERS OR TRAUMA STATIONS APPROPRIATE  FOR  TRAUMA  CARE,  BASED
UPON SUCH CATEGORIZATION.
  16.    THE DEPARTMENT AND COMMISSIONER, IN CONSULTATION WITH THE STATE
BOARD, SHALL DEVELOP AND MAINTAIN A STATEWIDE SYSTEM FOR RECOGNITION  OF
FACILITIES  ABLE  TO PROVIDE SUSTENTATIVE OR DEFINITIVE SPECIALTY PEDIA-
TRIC EMERGENCY MEDICAL AND TRAUMA CARE FOR SUDDEN CHILDHOOD ILLNESS  AND
INJURY  AND  FOR PREFERENTIAL TRANSPORT OF SUDDENLY ILL OR INJURED CHIL-
DREN TO SUCH FACILITIES, AND SHALL PROMOTE THE USE OF SUCH FACILITIES IN
ACCORDANCE WITH WRITTEN PROTOCOLS OR TRANSFER AGREEMENTS AS APPROPRIATE.
  17. UPON APPEAL OF ANY INTERESTED PARTY, THE COMMISSIONER  MAY  AMEND,
MODIFY, AND REVERSE DECISIONS OF THE STATE BOARD, ANY REGIONAL BOARD, OR
ANY  REGIONAL  EMERGENCY  MEDICAL  ADVISORY  COMMITTEE; PROVIDED THAT IN
CONSIDERATION OF A REGIONAL BOARD OR REGIONAL EMERGENCY MEDICAL ADVISORY
COMMITTEE DECISION, THE COMMISSIONER SHALL CONSULT  THE  STATE  ADVISORY
BOARD.
  S  93. Section 3012 of the public health law, as added by chapter 1053
of the laws of 1974, subdivision 1 as amended by chapter 445 of the laws
of 1993, subdivision 2 as amended by chapter 804 of the laws of 1992 and
subdivisions 3 and 4 as amended by chapter 252 of the laws of  1981,  is
amended to read as follows:
  S  3012.  Enforcement.    1.  Any  ambulance  service or advanced life
support first response service certificate issued  pursuant  to  section
three  thousand  five of this article may be revoked, suspended, limited
or annulled by the department upon proof that the  operator  or  certif-
icate  holder  or one or more enrolled members or one or more persons in
his OR HER employ:
  (a) has been guilty of misrepresentation in obtaining the  certificate
or  in  the  operation of the ambulance service or advanced life support
first response service; or
  (b) has not been competent in the operation  of  the  service  or  has
shown  inability to provide adequate ambulance services or advanced life
support first response service; or
  (c) has failed to pay  the  biennial  certification  fee  as  required
[except  in  the  case  of  any voluntary ambulance service or voluntary
advanced life support first response service]; or
  (d) has failed to file any report required by the provisions  of  this
article or the rules and regulations promulgated thereunder; or

S. 6260                            59                            A. 9060

  (e)  has  violated  or  aided  and  abetted  in  the  violation of any
provision of this article, the  rules  and  regulations  promulgated  or
continued thereunder, or the state sanitary code; or
  (f)  had  discontinued operations for a period in excess of one month;
or
  (g) a voluntary ambulance service or voluntary advanced  life  support
first  response service has failed to meet the minimum staffing standard
and has not been issued an  exemption[,  except  that  such  certificate
shall  not be suspended or revoked unless the commissioner finds that an
adequate alternative service exists. The commissioner shall consider the
recommendation of the regional emergency  medical  services  council  in
making a finding]; or
  (h)  an  ambulance service operating for profit has failed to meet the
minimum staffing standard; or
  (i) has been convicted of a crime or  pleaded  nolo  contendere  to  a
felony  charge  involving  murder,  manslaughter, assault, sexual abuse,
theft, robbery, fraud, embezzlement,  drug  abuse,  or  sale  of  drugs,
unless  the commissioner finds that such conviction does not demonstrate
a present risk or danger to patients or the public; or
  (j) is or was subject to  a  state  or  federal  administrative  order
relating  to  fraud  or embezzlement, unless the commissioner finds that
such order does not demonstrate a present risk or danger to patients  or
the public.
  2.  Proceedings  under  this  section  may be initiated by any person,
corporation, association, or public officer, or by the department by the
filing of written charges with the department.  Whenever the  department
seeks  revocation or suspension of a certificate of an ambulance service
or an advanced life support first response service, a copy of the charg-
es shall be referred to the appropriate  regional  [council]  BOARD  for
review  and  recommendation  to the department prior to a hearing. [Such
recommendation shall include a determination as to  whether  the  public
need  would  be served by a revocation, suspension, annulment or limita-
tion. If there is no appropriate regional council established, the state
council shall make such determination and present to the department  its
recommendations.]
  3.  No  certificate shall be revoked, [suspended,] limited or annulled
without a hearing. However, a certificate may be [temporarily] suspended
without a hearing and without the [approval] REVIEW of  the  appropriate
regional  [council]  BOARD  or state [council] BOARD for a period not in
excess of [thirty] NINETY days upon notice  to  the  certificate  holder
following  a finding by the department that the public health, safety or
welfare is in imminent danger.
  4. The [commissioner] DEPARTMENT shall fix a time and  place  for  the
hearing.  A copy of the charges and the recommendations of the appropri-
ate regional [council] BOARD or state [council] BOARD together with  the
notice  of  the  time  and  place of the hearing, shall be mailed to the
certificate holder by registered or certified mail, at the address spec-
ified on the certificate, at least fifteen days before  the  date  fixed
for the hearing. The appropriate regional [council] BOARD may be a party
to  such  hearing.  The certificate holder may file with the department,
not less than five days prior to the hearing, a written  answer  to  the
charges.
  S 94. Section 3016 of the public health law, as amended by chapter 252
of the laws of 1981, is amended to read as follows:
  S  3016.  Continuance  of rules and regulations.   All rules and regu-
lations heretofore adopted by the commissioner pertaining to  all  ambu-

S. 6260                            60                            A. 9060

lance  services  shall  continue  in  full force and effect as rules and
regulations until duly modified or superseded by rules  and  regulations
hereafter  adopted and enacted by the [state council pursuant to section
three thousand two of this article] COMMISSIONER.
  S 95. Section 3017 of the public health law is REPEALED.
  S  96.  Section 3030 of the public health law, as added by chapter 439
of the laws of 1979, is amended to read as follows:
  S 3030.  Advanced  life  support  services.    Advanced  life  support
services  provided by an advanced emergency medical technician, shall be
(1) provided under the direction of qualified medical and health person-
nel utilizing patient information  and  data  transmitted  by  voice  or
telemetry,  (2)  limited  to  the  category  or  categories in which the
advanced emergency medical technician  is  certified  pursuant  to  this
article,  [and]  (3)  recorded for each patient, on an individual treat-
ment-management record, AND (4) LIMITED TO PARTICIPATION IN  AN  ADVANCE
LIFE SUPPORT SYSTEM.
  S  97.  Section 3031 of the public health law, as added by chapter 439
of the laws of 1979, is amended to read as follows:
  S 3031. Advanced life support system.   Advanced life  support  system
must  (1)  be under the overall supervision and direction of a qualified
physician [with respect to the advanced life support services provided],
(2) UTILIZE ADVANCED LIFE SUPPORT PROTOCOLS DEVELOPED  BY  THE  REGIONAL
EMERGENCY  MEDICAL  ADVISORY COMMITTEE AND APPROVED BY THE COMMISSIONER,
(3) be staffed by qualified medical  and  health  personnel,  [(3)]  (4)
utilize  advanced  emergency  medical technicians whose certification is
appropriate to the advanced life support services  provided,  [(4)]  (5)
utilize  advanced  support mobile units appropriate to the advanced life
support services provided, [(5)]  (6)  maintain  a  treatment-management
record  for  each  patient receiving advanced life support services, and
[(6)] (7) be integrated with a hospital emergency, intensive care, coro-
nary care or other appropriate service.
  S 98. Section 3032 of the public health law, as amended by chapter 445
of the laws of 1993, is amended to read as follows:
  S 3032. Rules and regulations.  The [state council, with the  approval
of  the]  commissioner,  IN  CONSULTATION  WITH  THE  STATE BOARD, shall
promulgate rules and regulations to effectuate the purposes of  sections
three thousand thirty and three thousand thirty-one of this article.
  S  99.  Section 3052 of the public health law, as added by chapter 727
of the laws of 1986, is amended to read as follows:
  S 3052. Establishment of a  training  program  for  emergency  medical
services  personnel.   1. There is hereby established a training program
for emergency medical services personnel including, but not limited  to,
first  responders,  emergency  medical  technicians,  advanced emergency
medical technicians and emergency vehicle operators.
  1-A. SUCH TRAINING PROGRAM MAY  USE  ANY  COMBINATION  OF  COURSEWORK,
TESTING,  CONTINUING  EDUCATION  AND  CONTINUOUS PRACTICE TO PROVIDE THE
MEANS BY WHICH SUCH PERSONNEL, INCLUDING INSTRUCTOR LEVEL PERSONNEL, MAY
BE TRAINED AND CERTIFIED. THE PROGRAM MAY INCLUDE MEANS THAT  ALLOW  FOR
CERTIFICATION  OF  EMERGENCY  MEDICAL TECHNICIANS AND ADVANCED EMERGENCY
MEDICAL TECHNICIANS WITHOUT THE REQUIREMENT OF PRACTICAL SKILLS OR WRIT-
TEN EXAMINATION.
  1-B. THE COMMISSIONER, IN CONSULTATION WITH  THE  STATE  BOARD,  SHALL
DEVELOP SUCH TRAINING PROGRAM, PROMULGATING RULES AND REGULATIONS AS MAY
BE NECESSARY FOR ADMINISTRATION AND COMPLIANCE.
  2.  The  commissioner shall provide state aid within the amount appro-
priated to entities  such  as  local  governments,  regional  [emergency

S. 6260                            61                            A. 9060

medical  services councils] BOARDS, and voluntary agencies and organiza-
tions to conduct training courses for emergency medical services person-
nel and to conduct practical  examinations  for  certification  of  such
personnel.  The  commissioner shall establish a schedule for determining
the amount of state aid provided pursuant to this section.
  a. Such schedule may include varying  rates  for  distinct  geographic
areas  of the state and for various course sizes, giving special consid-
eration to areas with the most need  for  additional  emergency  medical
technicians.  In  determining  the need for additional emergency medical
technicians, the commissioner shall use measurements such as the average
number of emergency medical technicians per ambulance service, the ratio
of emergency medical technicians per square mile, the average number  of
calls  per  service  and  the  percentage of calls to which an emergency
medical technician has responded, provided such data is available to the
commissioner.
  b. Such schedule shall  provide  sufficient  reimbursement  to  permit
sponsors  to  offer  basic  emergency  medical  technician courses which
adhere to curricula approved by the [New York  state  emergency  medical
services  council  and  the]  commissioner  without  the  need to charge
tuition to participants.
  3. Upon request, the [commissioner] DEPARTMENT shall  provide  manage-
ment  advice  and  technical  assistance  to regional [emergency medical
services councils] BOARDS, county emergency medical  services  coordina-
tors,  and  course sponsors and instructors to stimulate the improvement
of training courses and the provision  of  courses  in  a  manner  which
encourages  participation.  Such  advice  and  technical  assistance may
relate to, but need not be  limited  to  the  location,  scheduling  and
structure of courses.
  4. The department is authorized, either directly or through contractu-
al  arrangement, to develop and distribute training materials for use by
course instructors and sponsors, to recruit additional  instructors  and
sponsors and to provide training courses for instructors.
  [5.  The  commissioner  shall  conduct  a  public  service campaign to
recruit additional volunteers to join  ambulance  services  targeted  to
areas in need for additional emergency medical technicians.]
  S  100.  Section  3053 of the public health law, as amended by chapter
445 of the laws of 1993, is amended to read as follows:
  S 3053. Reporting.  Advanced life support first response services  and
ambulance  services [registered or] certified pursuant to article thirty
of this chapter shall submit detailed individual call reports on a  form
to  be [provided] DETERMINED by the department, or may submit data elec-
tronically in a format approved by the department.  The [state emergency
medical services council, with the approval  of  the]  commissioner,  IN
CONSULTATION  WITH  THE  STATE  BOARD,  may  adopt rules and regulations
permitting or  requiring  ambulance  AND  ADVANCED  LIFE  SUPPORT  FIRST
RESPONSE  services whose volume exceeds [twenty thousand calls per year]
A SPECIFIED ANNUAL THRESHOLD to submit call report data  electronically.
Such  rules  shall  define  the  data  elements to be submitted, and may
include requirements that assure availability of data  to  the  REGIONAL
BOARDS AND regional emergency medical advisory [committee] COMMITTEES.
  S 101. Articles 30-B and 30-C of the public health law are REPEALED.
  S  102. Subdivisions 3 and 4 of section 97-q of the state finance law,
as added by chapter 804 of the laws of 1992,  are  amended  to  read  as
follows:
  3.  Moneys  of  the account, when allocated, shall be available to the
department of health for the purpose of funding the training of emergen-

S. 6260                            62                            A. 9060

cy medical services personnel, and  funding  as  shall  be  provided  by
appropriation for the [state] OPERATION OF THE STATE'S emergency medical
services  [council,  regional emergency medical services councils, emer-
gency  medical  services  program  agencies  or  other emergency medical
services training programs] SYSTEM, in order to carry out  the  purposes
of articles thirty and thirty-A of the public health law.
  4.  [Not  less  than  fifty  percent of the] THE monies of the account
shall be expended for the direct costs of  providing  emergency  medical
services  training  at the local level.  [The legislature shall annually
appropriate from the remaining available monies, funding for  the  state
emergency  medical  services  council,  the  regional  emergency medical
services councils, the emergency medical services program agencies  and]
ANNUAL  APPROPRIATIONS  SHALL BE USED TO ENABLE the department of health
[in order to carry out] TO ACHIEVE the purposes of articles  thirty  and
thirty-A  of  the  public health law. At the end of any fiscal year, any
funds not encumbered for these purposes shall  be  reallocated  for  the
costs of training advanced life support personnel.
  S  103. Paragraph 4 of subdivision a of section 19-162.2 of the admin-
istrative code of the city of New York, as added by local law number  40
of  the  city  of  New  York  for  the  year 1997, is amended to read as
follows:
  4. "certified first responder" shall mean an individual who meets  the
minimum  requirements  established  by  [regulations pursuant to section
three thousand two] THE COMMISSIONER OF HEALTH PURSUANT TO ARTICLE THIR-
TY of the public health law and who is responsible for administration of
initial life saving care of sick and injured persons.
  S 104. Subdivision 1-a of section 122-b of the general municipal  law,
as  amended  by  chapter  303 of the laws of 1980, is amended to read as
follows:
  1-a. As used in this section:
  (a) "Emergency medical technician" means an individual who  meets  the
minimum  requirements  established  by  [regulations pursuant to section
three thousand two] THE COMMISSIONER OF HEALTH PURSUANT TO ARTICLE THIR-
TY of the public health law and who is responsible for administration or
supervision of initial emergency medical  assistance  and  handling  and
transportation of sick, disabled or injured persons.
  (b) "Advanced emergency medical technician" means an emergency medical
technician who has satisfactorily completed an advanced course of train-
ing approved by the [state council under regulations pursuant to section
three thousand two] COMMISSIONER OF HEALTH PURSUANT TO ARTICLE THIRTY of
the public health law.
  S 105. Subparagraph (iii) of paragraph (e) of subdivision 3 of section
219-e  of the general municipal law, as added by chapter 514 of the laws
of 1998, is amended to read as follows:
  (iii) A volunteer ambulance worker appointed to serve on the New  York
state  emergency  medical services [council, the state emergency medical
advisory  committee]  ADVISORY  BOARD,  a  regional  emergency   medical
services  [council] ADVISORY BOARD or a regional emergency medical advi-
sory committee, established pursuant to article  thirty  of  the  public
health law shall also be eligible to receive one point per meeting.
  S 106. Subparagraph (iii) of paragraph (e) of subdivision 3 of section
219-m  of the general municipal law, as added by chapter 558 of the laws
of 1998, is amended to read as follows:
  (iii) A volunteer ambulance worker appointed to serve on the New  York
state  emergency  medical services [council, the state emergency medical
advisory  committee]  ADVISORY  BOARD,  a  regional  emergency   medical

S. 6260                            63                            A. 9060

services  [council] ADVISORY BOARD or a regional emergency medical advi-
sory committee, established pursuant to article  thirty  of  the  public
health law shall also be eligible to receive one point per meeting.
  S  107.  Subdivision 2 of section 10 of the workers' compensation law,
as added by chapter 872 of the laws of  1985,  is  amended  to  read  as
follows:
  2.  Notwithstanding  any  other  provisions of this chapter, an injury
incurred by an individual currently employed  as  an  emergency  medical
technician  or an advanced emergency medical technician who is certified
pursuant to [section three thousand two] ARTICLE THIRTY  of  the  public
health  law,  while  voluntarily  and  without  expectation  of monetary
compensation rendering medical assistance at the scene  of  an  accident
shall  be  deemed to have arisen out of and in the course of the employ-
ment with  that  emergency  medical  technician  or  advanced  emergency
medical technician's current employer.
  S  108. Subdivision 1 of section 580 of the executive law, as added by
chapter 300 of the laws of 2000, is amended to read as follows:
  1. Creation; members. There is hereby created  in  the  department  of
state  an  emergency services council, the members of which shall be the
directors of the office of fire prevention and control,  the  bureau  of
emergency  medical  services  and the state emergency management office,
the superintendent of state police,  the  commissioner  of  health,  the
secretary of state and the director of state operations who shall be the
chairperson unless otherwise appointed by the governor. There shall also
be two representatives appointed by the state emergency medical services
[council]  ADVISORY  BOARD,  one  of  whom  shall be a representative of
volunteer ambulance service and one of whom shall be a representative of
proprietary ambulance service; two representatives appointed by the fire
advisory board, one of which shall be representative of  volunteer  fire
service  and  one of which shall be representative of paid fire service;
one representative shall  be  appointed  by  the  disaster  preparedness
commission;  one  physician  shall  be appointed by the [state emergency
medical advisory committee]  COMMISSIONER  OF  HEALTH;  one  appointment
shall  be  made  by  the  governor; one appointment shall be made by the
temporary president of the senate; and one appointment shall be made  by
the speaker of the assembly.
  S  109. Section 804-d of the education law, as added by chapter 315 of
the laws of 2005, is amended to read as follows:
  S 804-d. Automated external  defibrillator  instruction.  Instructions
regarding  the  correct use of an automated external defibrillator shall
be included as a part of the health education curriculum in  all  senior
high  schools  when  cardiopulmonary  resuscitation instruction is being
provided as authorized by section eight hundred four-c of this  article.
In  addition  to  the  requirement that all teachers of health education
shall be certified to teach health, persons instructing  pupils  in  the
correct  use  of  automated  external defibrillators shall possess valid
certification by a nationally  recognized  organization  or  the  [state
emergency  medical  services  council]  COMMISSIONER  OF HEALTH offering
certification in the operation of an  automated  external  defibrillator
and in its instruction.
  S 110. Section 2407 of the public health law is REPEALED.
  S  111.  Subdivision  5  of  section  2409 of the public health law is
REPEALED and subdivisions 6 and 7 are renumbered subdivisions 5 and 6.
  S 112. The public health law is amended by adding a new section 2409-a
to read as follows:

S. 6260                            64                            A. 9060

  S 2409-A. ADVISORY COUNCIL. 1. THERE  IS  HEREBY  ESTABLISHED  IN  THE
DEPARTMENT  THE BREAST, CERVICAL AND OVARIAN CANCER DETECTION AND EDUCA-
TION PROGRAM ADVISORY COUNCIL, FOR THE PURPOSE OF ADVISING  THE  COMMIS-
SIONER WITH REGARDS TO PROVIDING INFORMATION TO CONSUMERS, PATIENTS, AND
HEALTH CARE PROVIDERS RELATING, BUT NOT LIMITED TO, BREAST, CERVICAL AND
OVARIAN CANCER, INCLUDING SIGNS AND SYMPTOMS, RISK FACTORS, THE BENEFITS
OF PREVENTION AND EARLY DETECTION, GUIDELINE CONCORDANT CANCER SCREENING
AND  DISEASE  MANAGEMENT,  OPTIONS FOR DIAGNOSTIC TESTING AND TREATMENT,
NEW TECHNOLOGIES, AND SURVIVORSHIP.
  2. THE ADVISORY COUNCIL SHALL MAKE RECOMMENDATIONS TO  THE  DEPARTMENT
REGARDING  THE  PROMOTION  AND IMPLEMENTATION OF PROGRAMS UNDER SECTIONS
TWENTY-FOUR HUNDRED SIX AND TWENTY-FOUR HUNDRED NINE OF THIS TITLE.
  3. THE COMMISSIONER SHALL APPOINT  TWENTY-ONE  VOTING  MEMBERS,  WHICH
SHALL  INCLUDE  REPRESENTATION  OF HEALTH CARE PROFESSIONALS, CONSUMERS,
PATIENTS AND OTHER APPROPRIATE INTEREST REFLECTIVE OF THE  DIVERSITY  OF
THE STATE, WITH EXPERTISE IN BREAST, CERVICAL AND/OR OVARIAN CANCER. THE
COMMISSIONER  SHALL  APPOINT ONE MEMBER AS A CHAIRPERSON. THE MEMBERS OF
THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT  SHALL
BE  ALLOWED  THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN PERFORMANCE
OF THEIR DUTIES.
  4. A MAJORITY OF THE APPOINTED VOTING MEMBERSHIP OF  THE  BOARD  SHALL
CONSTITUTE QUORUM.
  5.  THE  ADVISORY  COUNCIL  SHALL  MEET  AT LEAST TWICE A YEAR, AT THE
REQUEST OF THE DEPARTMENT.
  S 113. Section 844-a of the executive law is REPEALED.
  S 114. This act shall take effect immediately; provided that:
  (a) the amendments to the  opening  paragraph  of  subdivision  15  of
section  13-0309  of the environmental conservation law, made by section
seventy-four of this act, shall take effect on  the  same  date  as  the
reversion of such subdivision as provided in section 2 of chapter 158 of
the laws of 2011, as amended.
  (b) the amendments to section 3005-b of the public health law, made by
section  eighty-seven  of  this  act shall not affect the repeal of such
section and shall be deemed repealed therewith;
  (c) sections forty-one,  forty-two,  forty-three,  forty-four,  forty-
five,  forty-six  and forty-seven of this act shall take effect upon the
resolution of all appeals pending before the freshwater  appeals  board;
provided, however, that such board, created by title 11 of article 24 of
the  environmental conservation law, as repealed by section forty-one of
this act, shall not accept any new cases as of  the  effective  date  of
this act; and
  (d)  the  commissioner of the department of environmental conservation
shall notify the legislative bill drafting commission  upon  the  resol-
ution  of  all  appeals  pending  before the freshwater appeals board in
order that the commission may maintain an accurate and timely  effective
date data base of the official text of the laws of the state of New York
in  furtherance  of  effectuating  the  provisions  of section 44 of the
legislative law and section 70-b of the public officers law.
  S 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

S. 6260                            65                            A. 9060

the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through D of this act shall  be
as specifically set forth in the last section of such Parts.

S6260A - Bill Details

See Assembly Version of this Bill:
A9060C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6260A - Bill Texts

view summary

Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2012-2013 state fiscal year; relates to supervision and regulation of the state gaming industry; relates to the state gaming commission (Part A); relates to transferring Belleayre Mountain ski center from the department of environmental conservation to the Olympic regional development authority (Part C); repeals provisions of law relating to direct marketing advisory councils for regional marketing areas; repeals provisions of law relating to the agricultural transportation review panel; repeals provisions of law relating to the Hudson valley agricultural advisory council; repeals provisions of law relating to the statewide wireless network advisory council; repeals provisions of law relating to the child welfare research advisory panel; repeals provisions of law relating to the boards of visitors; repeals provisions of law relating to the upstate and downstate New York tourism councils; repeals provisions of law relating to the upstate New York tourism council fund; repeals provisions of law relating to removing reference to the upstate and downstate New York tourism councils; repeals provisions of law relating to the solid waste management board; relates to removing reference to the solid waste management board; relates to doing away with a technical advisory committee and the hazardous waste disposal advisory committee; repeals provisions of law relating to the tow truck advisory board; repeals provisions of law relating to the advisory council within the New York state conservation corps; repeals provisions of law relating to the armored car carrier advisory board; relates to removing reference to the armored car carrier advisory board; repeals provisions of law relating to the Long Island Sound coastal advisory commission; repeals provisions of law relating to the barbers board; relates to doing away with the advisory committee on legal advocacy; repeals provisions of law relating to the veterans' hall of fame and the New York state veterans' hall of fame council; repeals provisions of law relating to appeal and review of matters affecting freshwater wetlands; relates to appeal and reviews of matters affecting freshwater wetlands; repeals provisions of law relating to the state environmental board; relates to removing reference to the state environmental board; repeals provisions of law relating to the regional forest practice boards and the state forest practice board; relates to removing reference to the regional forest practice boards; repeals provisions of law relating to the state home inspection council; relates to removing reference to the state home inspection council; repeals provisions of law relating to the advisory committee on the business of installing security or fire alarm systems; repeals provisions of law relating to the organic food advisory committee; repeals provisions of law relating to the New York state veterinary diagnostic laboratory; relates to duties of the New York state veterinary diagnostic laboratory and in relation to the New York state animal health issues committee; repeals provisions of law relating to the surf clam/ocean quahog management advisory board; relates to removing reference to the surf clam/ocean quahog management advisory board; repeals provisions of law relating to the breast and cervical cancer detection and education program advisory council and the ovarian cancer information advisory council; relates to creating the breast, cervical and ovarian cancer detection and education program advisory council; repeals provisions of law relating to the New York statewide law enforcement telecommunications committee (Part D).

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

    S. 6260--A                                            A. 9060--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  amend the racing, pari-mutuel wagering and breeding law, in
  relation to supervision and regulation of the state  gaming  industry;
  and  to  amend  the racing, pari-mutuel wagering and breeding law, the
  general municipal law, the executive law and the tax law, in  relation
  to the state gaming commission; and to repeal article 1 of the racing,
  pari-mutuel  wagering  and  breeding law and sections 1602 and 1603 of
  the tax law relating thereto (Part A); to amend the civil service law,
  in relation to the formation of the department  of  workforce  manage-
  ment;  and  transferring  all  powers,  duties  and obligations of the
  department of civil service and the office of  employee  relations  to
  the   department  of  workforce  management;  and  to  repeal  certain
  provisions of the executive law relating to  the  office  of  employee
  relations  (Part  B); to amend the public authorities law, in relation
  to an agreement between the olympic regional development authority and
  the department of environmental conservation for the operation,  main-
  tenance  and management of Belleayre mountain ski center (Part C); and
  to repeal section 285-a and subdivision 12 of section 283 of the agri-
  culture and markets law, relating to direct marketing  advisory  coun-
  cils  for regional marketing areas; to repeal section 7 of chapter 654
  of the laws of 1994, amending the transportation law  and  other  laws
  relating  to  equipment  requirements  for  registered  farm vehicles,
  relating to the agricultural transportation review  panel;  to  repeal
  section  285-b  of  the  agriculture  and markets law, relating to the
  Hudson valley agricultural advisory council; to repeal  article  4  of
  the  state  technology law, relating to the statewide wireless network
  advisory council; to repeal section 372-a of the social services  law,
  relating  to  the  child welfare research advisory panel; to amend the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12675-02-2

S. 6260--A                          2                         A. 9060--A

  public health law, in relation to provision of information  about  the
  abandoned infant protection act; to repeal sections 520 and 521 of the
  executive  law,  relating to the boards of visitors; to repeal article
  28  of the executive law and paragraph (p) of subdivision 1 of section
  17 of the public officers law, relating to the upstate  and  downstate
  New York tourism councils; to repeal section 92-y of the state finance
  law,  relating  to the upstate New York tourism council fund; to amend
  the highway law and the education law, in relation to removing  refer-
  ence to the upstate and downstate New York tourism councils; to repeal
  section  120 of the economic development law, relating to the advisory
  board within the division of minority and  women's  business  develop-
  ment; to repeal section 27-0702 of the environmental conservation law,
  relating  to  the  solid waste management board; to amend the environ-
  mental conservation law and the state  finance  law,  in  relation  to
  removing  reference  to the solid waste management board; to amend the
  public authorities law, in relation to doing  away  with  a  technical
  advisory committee and the hazardous waste disposal advisory committee
  and  to  repeal  certain provisions of law relating thereto; to repeal
  section 216-b of the vehicle and traffic  law,  relating  to  the  tow
  truck  advisory  board;  to  repeal  section 191 of the executive law,
  relating to  the  temporary  advisory  committee  on  restoration  and
  display  of New York state's military battle flags; to repeal subdivi-
  sion 9 of section 3.23 of the parks, recreation and historic preserva-
  tion law, relating to the advisory council within the New  York  state
  conservation  corps;  to repeal section 89-mmm of the general business
  law, relating  to the armored car carrier advisory board; to amend the
  executive law and the general business law, in  relation  to  removing
  reference  to  the  armored  car  carrier advisory board and to repeal
  certain provisions of the general business law  relating  thereto;  to
  repeal  section  923 of the executive law, relating to the Long Island
  Sound coastal advisory commission; to repeal subdivision 14 of section
  601 and sections 611 and 612 of the executive  law,  relating  to  the
  manufactured  housing advisory council; to amend the executive law, in
  relation to removing reference to the  manufactured  housing  advisory
  council; to repeal section 433-a of the general business law, relating
  to the barbers board; to amend the social services law, in relation to
  doing  away  with  the advisory committee on legal advocacy; to repeal
  subdivisions 8 and 9 of section 350, subdivision 16  of  section  353,
  and  sections  365, 365-a, 365-b, 365-c, 365-d, 365-e, 365-f and 365-g
  of the executive law, relating to the veterans' hall of fame  and  the
  New  York  state veterans' hall of fame council; to repeal section 154
  of the labor law, relating to the child performer  advisory  board  to
  prevent  eating  disorders;  to  repeal  title 11 of article 24 of the
  environmental conservation law,  relating  to  appeal  and  review  of
  matters  affecting  freshwater  wetlands;  to  amend the environmental
  conservation law, in relation to appeal and reviews of matters affect-
  ing freshwater wetlands; to repeal subdivision 3  of  section  1-0303,
  article 5, section 19-0917 and subdivision 4 of section 29-0103 of the
  environmental  conservation  law,  relating to the state environmental
  board; to amend the environmental conservation  law,  in  relation  to
  removing  reference  to  the  state  environmental  board;  to  repeal
  sections 9-0705,  9-0707,  9-0709  and  9-0711  of  the  environmental
  conservation  law, relating to the regional forest practice boards and
  the state forest practice board; to amend the environmental  conserva-
  tion  law,  in  relation  to removing reference to the regional forest
  practice boards; to repeal subdivision 1 of section 444-b of the  real

S. 6260--A                          3                         A. 9060--A

  property  law, relating to the state home inspection council; to amend
  the real property law, in relation to removing reference to the  state
  home  inspection  council;  to repeal subdivision 6 of section 69-n of
  the general business law, in relation to the advisory committee on the
  business of installing security or fire alarm systems; to repeal chap-
  ter  868  of  the  laws  of 1976 relating to the organic food advisory
  committee, relating thereto; to repeal subdivisions 6, 7, 8, and 9  of
  section  73-b  of the agriculture and markets law, relating to the New
  York state veterinary diagnostic laboratory; to amend the  agriculture
  and  markets  law, in relation to duties of the New York state veteri-
  nary diagnostic laboratory and in  relation  to  the  New  York  state
  animal health issues committee; to repeal section 13-0308 of the envi-
  ronmental  conservation  law,  relating  to the surf clam/ocean quahog
  management advisory board; to amend the environmental conservation law
  and the state finance law, in relation to removing  reference  to  the
  surf  clam/ocean quahog management advisory board; to amend the public
  health  law,  in  relation  to  simplifying  committee  structure  and
  increasing  effectiveness  of  emergency  medical  services; to repeal
  sections 3002, 3002-a, 3003-a, 3009 and 3017 of the public health law,
  relating to the New York state emergency medical services council, the
  state emergency medical  advisory  committee,  EMS  program  agencies,
  continuation  of  existing  services and emergency medical services in
  Suffolk county; to amend the public health law, in relation to provid-
  ing for the New  York  state  emergency  medical  services  board  and
  regional boards; to repeal articles 30-B and 30-C of the public health
  law, relating to emergency medical, trauma and disaster care and emer-
  gency  medical  services for children; to amend the state finance law,
  in relation to the New York state emergency medical services  training
  account; to amend the administrative code of the city of New York, the
  general  municipal  law,  the workers' compensation law, the executive
  law and the education law, in relation to  making  conforming  changes
  thereto;  to  repeal section 2407 and subdivision 5 of section 2409 of
  the public health law, relating to  the  breast  and  cervical  cancer
  detection  and  education  program  advisory  council  and the ovarian
  cancer information advisory council; to amend the public  health  law,
  in  relation  to  creating  the  breast,  cervical  and ovarian cancer
  detection and  education  program  advisory  council;  and  to  repeal
  section 844-a of the executive law, relating to the New York statewide
  law enforcement telecommunications committee (Part D)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2012-2013
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through D. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

S. 6260--A                          4                         A. 9060--A

                                 PART A

  Section  1. Article 1 of the racing, pari-mutuel wagering and breeding
law is REPEALED and a new article 1 is added to read as follows:
                                ARTICLE 1
                       SUPERVISION AND REGULATION
SECTION 100.   LEGISLATIVE INTENT.
        101.   DEFINITIONS.
        102.   NEW YORK STATE GAMING COMMISSION.
        103.   ORGANIZATION AND DIVISIONS.
        104.   POWERS AND DUTIES OF THE COMMISSION.
        105.   QUORUM.
        106.   SALARY AND EXPENSES.
        107.   CONFLICTS PROHIBITED.
        108.   CERTAIN RESTRICTIONS ON WAGERING.
        109.   SUPPLEMENTARY REGULATORY POWERS OF THE COMMISSION.
        110.   STATEMENT OF STOCKHOLDERS TO BE FILED.
        111.   COMPULSIVE GAMBLING ASSISTANCE.
        112.   PARI-MUTUEL OPERATIONS; FILING OF  TAX  FORMS  AND  OTHER
                 STATISTICS.
        113.   FILING OF PARI-MUTUEL TAX RETURNS OR REPORTS BY ELECTRON-
                 IC MEANS.
        114.   PRACTICE AND PROCEDURE.
        115.   REGULATORY FEES.
        115-A. FEE FOR THE START OF A HORSE IN NEW YORK STATE PARI-MUTU-
                EL RACES.
        116.   PENALTIES.
        117.   TRANSFER OF FUNCTIONS.
        118.   TRANSFER OF EMPLOYEES.
        119.   TRANSFER OF RECORDS.
        120.   CONTINUITY OF AUTHORITY.
        121.   COMPLETION OF UNFINISHED BUSINESS.
        122.   CONTINUATION OF RULES AND REGULATIONS.
        123.   TERMS OCCURRING IN LAWS, CONTRACTS AND OTHER DOCUMENTS.
        124.   EXISTING RIGHTS AND REMEDIES PRESERVED.
        125.   PENDING ACTIONS OR PROCEEDINGS.
        126.   TRANSFER OF APPROPRIATIONS HERETOFORE MADE.
        127.   TRANSFER OF ASSETS AND LIABILITIES.
        128.   PROMULGATION OF RULES AND REGULATIONS.
        129.   CONSTRUCTION OF OTHER LAWS OF PROVISIONS.
  S  100.  LEGISLATIVE INTENT. THE LEGISLATURE FINDS AND DETERMINES THAT
THE GAMING INDUSTRIES CONSTITUTE A VITAL  SECTOR  OF  NEW  YORK  STATE'S
OVERALL  ECONOMY. THE LEGISLATURE ALSO FINDS AND DETERMINES THAT RESPON-
SIVE, EFFECTIVE, INNOVATIVE, STATE GAMING  REGULATION  IS  NECESSARY  TO
OPERATE IN A GLOBAL, EVOLVING AND INCREASINGLY COMPETITIVE MARKET PLACE.
THE  LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT THIS LEGISLATION
IS NECESSARY TO MODERNIZE AND TRANSFORM THE PRESENT STATE  GAMING  AGEN-
CIES INTO A NEW INTEGRATED STATE GAMING COMMISSION.
  THE CONTINUED GROWTH OF THE GAMING INDUSTRY WILL CONTRIBUTE TO ECONOM-
IC  DEVELOPMENT AND JOB CREATION IN THIS STATE.  THEREFORE, IT IS ESSEN-
TIAL TO MAINTAIN THE PUBLIC CONFIDENCE AND TRUST IN THE CREDIBILITY  AND
INTEGRITY  OF  LEGALIZED GAMING ACTIVITIES. TO ENSURE SUCH PUBLIC CONFI-
DENCE AND TRUST, THIS ARTICLE  PROVIDES  THAT  THE  REGULATION  OF  SUCH
GAMING  IS TO BE CONDUCTED IN THE MOST EFFICIENT, TRANSPARENT AND EFFEC-
TIVE MANNER POSSIBLE. BY CONSOLIDATING VARIOUS REGULATORY FUNCTIONS INTO
A SINGLE OVERSIGHT BODY WITH BROAD POWERS, THIS ARTICLE  ENSURES  STRICT

S. 6260--A                          5                         A. 9060--A

STATE  REGULATION  OF ALL CORPORATIONS, ASSOCIATIONS AND PERSONS ENGAGED
IN GAMING ACTIVITY. FURTHER, BY CONSOLIDATING REGULATORY FUNCTIONS  INTO
A  SINGLE  OVERSIGHT BODY, THIS ARTICLE WILL INCREASE EFFICIENCY, REDUCE
COSTS  AND  ELIMINATE  ANY  UNNECESSARY  REDUNDANCIES IN REGULATION. THE
IMPROVED REGULATORY STRUCTURE ESTABLISHED BY THIS ARTICLE  WILL  INSURE,
SO  FAR  AS PRACTICABLE, THE EXCLUSION OF UNSUITABLE PERSONS OR ENTITIES
FROM PARTICIPATING IN ANY LEGALIZED GAMING ACTIVITY WITHIN  THIS  STATE.
THE  GOAL  OF THIS ARTICLE IS THAT ALL GAMING ACTIVITY CONDUCTED IN THIS
STATE WILL BE OF THE HIGHEST INTEGRITY, CREDIBILITY AND QUALITY AND THAT
THE BEST INTERESTS OF THE PUBLIC, BOTH GAMING AND  NON-GAMING,  WILL  BE
SERVED.    FINALLY,  IT IS DETERMINED BY THE LEGISLATURE THAT THE PUBLIC
INTEREST IS BEST SERVED BY THOSE PERSONS OR ENTITIES ENGAGED  IN  GAMING
ACTIVITY  PAYING THE COST OF REGULATING SUCH ACTIVITY THROUGH REASONABLE
REGULATORY FEES.
  S 101. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "PUBLIC OFFICER" SHALL MEAN EVERY ELECTED STATE AND  LOCAL  OFFICER
AND  EVERY  OTHER  STATE AND LOCAL OFFICER, AS DEFINED IN SECTION TWO OF
THE PUBLIC OFFICERS LAW,  WHOSE  DUTIES  RELATE  TO  PARI-MUTUEL  RACING
ACTIVITIES  OR  THE  TAXATION  THEREOF, WHO IS REQUIRED TO DEVOTE ALL OR
SUBSTANTIALLY ALL OF HIS OR HER TIME TO THE DUTIES OF HIS OR HER  OFFICE
FOR  WHICH HE OR SHE RECEIVES COMPENSATION OR IF EMPLOYED ON A PART-TIME
OR OTHER BASIS  RECEIVES  COMPENSATION  IN  EXCESS  OF  TWELVE  THOUSAND
DOLLARS  PER  ANNUM,  A  MEMBER  OR  OFFICER OF THE STATE LEGISLATURE, A
MEMBER, DIRECTOR OR OFFICER OF THE STATE RACING  COMMISSION,  THE  STATE
HARNESS  RACING  COMMISSION,  THE  QUARTER  HORSE RACING COMMISSION, THE
STATE GAMING COMMISSION, OR ANY REGIONAL OFF-TRACK BETTING  CORPORATION,
OR A MEMBER OF A LOCAL LEGISLATIVE BODY.
  2.  "PUBLIC EMPLOYEE" SHALL MEAN EVERY PERSON EMPLOYED BY THE STATE OR
ANY MUNICIPALITY OR OTHER POLITICAL SUBDIVISION THEREOF OR  BY  A  LOCAL
LEGISLATIVE BODY, OTHER THAN A PUBLIC OFFICER DEFINED IN SUBDIVISION ONE
OF  THIS  SECTION, WHO IS REQUIRED TO DEVOTE ALL OR SUBSTANTIALLY ALL OF
HIS OR HER TIME TO THE DUTIES OF HIS OR HER EMPLOYMENT FOR WHICH  HE  OR
SHE  RECEIVES COMPENSATION, OR IF EMPLOYED ON A PART-TIME BASIS RECEIVES
COMPENSATION IN EXCESS OF TWELVE  THOUSAND  DOLLARS  PER  ANNUM,  OR  AN
EMPLOYEE  OF  THE  STATE  LEGISLATURE OR AN EMPLOYEE OF THE STATE GAMING
COMMISSION.
  3. "PARTY OFFICER" SHALL MEAN THE FOLLOWING MEMBERS OR OFFICERS OF ANY
POLITICAL PARTY:
  (A) A MEMBER OF A NATIONAL COMMITTEE;
  (B) A CHAIRMAN, VICE-CHAIRMAN, SECRETARY, TREASURER OR  COUNSEL  OF  A
STATE COMMITTEE, OR MEMBER OF THE EXECUTIVE COMMITTEE OF A STATE COMMIT-
TEE;
  (C)  A  COUNTY  LEADER, CHAIRMAN, VICE-CHAIRMAN, COUNSEL, SECRETARY OR
TREASURER OF A COUNTY COMMITTEE.
  4. "LOCAL LEGISLATIVE BODY" SHALL MEAN THE LEGISLATIVE BODY OF A COUN-
TY; THE COUNCIL, COMMON COUNCIL OR BOARD OF ALDERMEN AND  THE  BOARD  OF
ESTIMATE,  THE  BOARD OF ESTIMATE AND APPORTIONMENT OR BOARD OF ESTIMATE
AND CONTRACT, IF THERE BE ONE, OF A CITY; THE TOWN BOARD OF A  TOWN  AND
THE VILLAGE BOARD OF A VILLAGE.
  5.  "GAMING  ACTIVITY" SHALL MEAN THE CONDUCT OF ANY FORM OF LEGALIZED
GAMING, INCLUDING, BUT NOT LIMITED TO, CLASS III GAMING UNDER THE INDIAN
GAMING REGULATORY ACT, 25 U.S.C. S 2701 ET SEQ.,  PARI-MUTUEL  WAGERING,
BOTH  ON-TRACK  AND  OFF-TRACK, BINGO AND CHARITABLE GAMES OF CHANCE AND
THE STATE LOTTERY FOR EDUCATION.

S. 6260--A                          6                         A. 9060--A

  6. "GAMING SERVICE ENTERPRISE" SHALL MEAN  A  PERSON  OR  ENTITY  THAT
PROVIDES  A GAMING FACILITY WITH GOODS OR SERVICES REGARDING THE REALTY,
CONSTRUCTION, MAINTENANCE, OR BUSINESS OF THE GAMING FACILITY OR RELATED
FACILITY INCLUDING, WITHOUT  LIMITATION,  JUNKET  ENTERPRISES,  SECURITY
BUSINESSES, GAMING SCHOOLS, MANUFACTURERS, DISTRIBUTORS AND SERVICERS OF
GAMING  DEVICES  OR  EQUIPMENT,  GARBAGE HAULERS, MAINTENANCE COMPANIES,
FOOD PURVEYORS, AND CONSTRUCTION  COMPANIES,  OR  ANY  OTHER  ENTERPRISE
WHICH  PURCHASES GOODS OR SERVICES FROM OR WHICH DOES ANY OTHER BUSINESS
WITH A GAMING FACILITY ON A REGULAR OR CONTINUING BASIS.
  7. "COMMISSION" OR "STATE GAMING COMMISSION" SHALL MEAN THE  NEW  YORK
STATE  GAMING  COMMISSION CREATED PURSUANT TO SECTION ONE HUNDRED TWO OF
THIS ARTICLE.
  S 102. NEW YORK STATE GAMING COMMISSION. 1. THERE  IS  HEREBY  CREATED
WITHIN  THE  EXECUTIVE  DEPARTMENT  THE NEW YORK STATE GAMING COMMISSION
WHICH SHALL CONSIST OF FIVE MEMBERS APPOINTED BY THE GOVERNOR  UPON  THE
ADVICE AND CONSENT OF THE SENATE.
  2.  A  MEMBER  SHALL  BE  DESIGNATED AS CHAIR OF THE COMMISSION BY THE
GOVERNOR TO SERVE IN SUCH CAPACITY AT THE PLEASURE OF  THE  GOVERNOR  OR
UNTIL  HIS  OR  HER TERM AS A COMMISSION MEMBER EXPIRES, WHICHEVER FIRST
OCCURS.  THE MEMBERS SHALL SERVE ON A FULL-TIME BASIS AND  BE  APPOINTED
FOR TERMS OF FIVE YEARS; PROVIDED, HOWEVER, THAT INITIAL APPOINTMENTS TO
THE COMMISSION SHALL BE FOR TERMS AS FOLLOWS:
  (A) ONE MEMBER FOR TWO YEARS;
  (B) ONE MEMBER FOR THREE YEARS;
  (C) ONE MEMBER FOR FOUR YEARS;
  (D) ONE MEMBER FOR FIVE YEARS;
  (E) ONE MEMBER FOR SIX YEARS.
  3.  EACH  MEMBER  OF  THE  COMMISSION SHALL BE A CITIZEN OF THE UNITED
STATES AND A RESIDENT OF THE STATE OF NEW YORK. NO MEMBER OF THE  LEGIS-
LATURE OR PERSON HOLDING ANY ELECTIVE OR APPOINTIVE OFFICE IN THE FEDER-
AL,  STATE OR LOCAL GOVERNMENT SHALL BE ELIGIBLE TO SERVE AS A MEMBER OF
THE COMMISSION.
  4. THE GOVERNOR MAY REMOVE ANY MEMBER OF THE COMMISSION AT THE  GOVER-
NOR'S DISCRETION.
  S 103. ORGANIZATION AND DIVISIONS. 1. THE COMMISSION SHALL ESTABLISH A
PLAN  OF  ORGANIZATION AND MAY INCUR EXPENSES WITHIN THE LIMITS OF FUNDS
AVAILABLE TO IT.  AN EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE GOVER-
NOR AND SHALL SERVE AT HIS OR HER PLEASURE. THE EXECUTIVE DIRECTOR SHALL
BE RESPONSIBLE FOR THE CONDUCT OF  THE  ADMINISTRATIVE  AFFAIRS  OF  THE
COMMISSION.
  2.  THE  COMMISSION  SHALL  ESTABLISH  AND SUPERVISE FIVE DIVISIONS TO
RESPECTIVELY CARRY OUT RESPONSIBILITIES RELATING TO THE  REGULATION  AND
ENFORCEMENT  OF THE FOLLOWING: LOTTERY, CHARITABLE GAMING, GAMING, HORSE
RACING AND PARI-MUTUEL WAGERING, AND LAW ENFORCEMENT. EACH SUCH DIVISION
SHALL BE SUPERVISED BY A DIVISION DIRECTOR, EACH TO SERVE IN SUCH CAPAC-
ITY AT THE PLEASURE OF THE GOVERNOR, PROVIDED, HOWEVER, THAT THE  DIREC-
TOR  OF  THE  DIVISION OF LAW ENFORCEMENT SHALL SERVE AT THE PLEASURE OF
THE SUPERINTENDENT OF STATE POLICE.
  (A) DIVISION OF LOTTERY. THE DIVISION OF LOTTERY SHALL BE  RESPONSIBLE
TO OPERATE AND ADMINISTER THE STATE LOTTERY FOR EDUCATION, AS PRESCRIBED
BY  ARTICLE  THIRTY-FOUR  OF THE TAX LAW, EXCEPTING RESPONSIBILITIES FOR
VIDEO LOTTERY GAMING.
  (B) CHARITABLE GAMING. THE DIVISION  OF  CHARITABLE  GAMING  SHALL  BE
RESPONSIBLE  FOR  THE  SUPERVISION  AND  ADMINISTRATION  OF THE GAMES OF
CHANCE LICENSING LAW, BINGO LICENSING  LAW  AND  BINGO  CONTROL  LAW  AS

S. 6260--A                          7                         A. 9060--A

PRESCRIBED  BY  ARTICLES  NINE-A AND FOURTEEN-H OF THE GENERAL MUNICIPAL
LAW AND NINETEEN-B OF THE EXECUTIVE LAW.
  (C) GAMING. THE DIVISION OF GAMING SHALL BE RESPONSIBLE FOR THE APPRO-
PRIATE  ADMINISTRATION,  REGULATION  OR  OVERSIGHT  OF  INDIAN GAMING AS
DEFINED BY TRIBAL-STATE COMPACTS IN EFFECT PURSUANT TO THE INDIAN GAMING
REGULATORY ACT, 25 U.S.C. S 2701, ET SEQ., AND  OPERATION  AND  ADMINIS-
TRATION OF VIDEO LOTTERY GAMING, AS PRESCRIBED BY ARTICLE THIRTY-FOUR OF
THE TAX LAW.
  (D)  HORSE  RACING  AND  PARI-MUTUEL  WAGERING.  THE DIVISION OF HORSE
RACING AND PARI-MUTUEL WAGERING SHALL  BE  RESPONSIBLE  FOR  THE  SUPER-
VISION, REGULATION AND ADMINISTRATION OF ALL HORSE RACING AND PARI-MUTU-
EL  WAGERING ACTIVITIES, AS PRESCRIBED BY ARTICLES TWO THROUGH ELEVEN OF
THIS CHAPTER.
  (E) LAW ENFORCEMENT. THE DIVISION OF LAW ENFORCEMENT SHALL CONSIST  OF
STATE POLICE INVESTIGATORS AND PERSONNEL SPECIALIZING IN GAMING INVESTI-
GATION  AND  LAW ENFORCEMENT. THE DIVISION SHALL BE PERMANENTLY ASSIGNED
TO THE COMMISSION AND MAINTAIN ITS PRINCIPAL OFFICE WITHIN THE PRINCIPAL
OFFICE OF THE COMMISSION AND MAY ESTABLISH AND MAINTAIN  BRANCH  OFFICES
AT  ANY  BRANCH  OFFICE  ESTABLISHED  AND  MAINTAINED BY THE COMMISSION.
ADDITIONALLY, THE DIVISION MAY ESTABLISH AND  MAINTAIN  OFFICES  AT  ANY
LICENSED  GAMING  FACILITY OR INDIAN GAMING FACILITY CONSISTENT WITH THE
TERMS OF ANY TRIBAL-STATE GAMING COMPACT IN EFFECT PURSUANT TO THE INDI-
AN GAMING REGULATORY ACT, 25 U.S.C. S 2701, ET SEQ. AS AGREED  WITH  AND
ON  BEHALF  OF THE COMMISSION, THE DIVISION SHALL CONDUCT FINGERPRINTING
AND BACKGROUND INVESTIGATIONS ON PERSONS AND ENTITIES ENGAGED IN  GAMING
ACTIVITY  OR  GAMING SERVICES ENTERPRISES WITHIN THE STATE. THE DIVISION
SHALL, UPON REQUEST, ASSIST CIVIL INVESTIGATORS OF  THE  COMMISSION  AND
EVALUATE ALL REFERRALS MADE BY SAME.
  S  104. POWERS AND DUTIES OF THE COMMISSION. THE COMMISSION SHALL HAVE
THE AUTHORITY AND RESPONSIBILITY:
  1. TO HAVE GENERAL JURISDICTION OVER ALL GAMING ACTIVITIES WITHIN  THE
STATE AND OVER THE CORPORATIONS, ASSOCIATIONS AND PERSONS ENGAGED THERE-
IN.
  2.  TO  HEAR  AND DECIDE PROMPTLY AND IN REASONABLE ORDER ALL LICENSE,
REGISTRATION, CERTIFICATE AND PERMIT APPLICATIONS, AND CAUSES  AFFECTING
THE  GRANTING,  SUSPENSION,  REVOCATION  OR  RENEWAL  THEREOF, OF CORPO-
RATIONS, ASSOCIATIONS OR PERSONS ENGAGED OR SEEKING TO ENGAGE IN  GAMING
ACTIVITY OR GAMING SERVICES ENTERPRISES.
  3.  TO  TEST OR CAUSE TO HAVE TESTED AND APPROVE SURVEILLANCE SYSTEMS,
GAMES OF CHANCE, GAMING DEVICES AND LOTTERY GAMES.
  4. TO MONITOR ANY CORPORATION, ASSOCIATION OR PERSON ENGAGED IN GAMING
ACTIVITY OR A GAMING SERVICE ENTERPRISE FOR COMPLIANCE WITH  THIS  CHAP-
TER.
  5. TO, AT ANY TIME, EXAMINE THE BOOKS, PAPERS, RECORDS AND ACCOUNTS OF
ANY  CORPORATION,  ASSOCIATION OR PERSON ENGAGED IN GAMING ACTIVITY OR A
GAMING SERVICE ENTERPRISE PURSUANT TO  A  LICENSE,  REGISTRATION,  FRAN-
CHISE, CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION.
  6.  TO CONDUCT INVESTIGATIONS AND HEARINGS PERTAINING TO VIOLATIONS OF
THIS CHAPTER. EACH MEMBER OF THE COMMISSION AND SUCH OFFICERS, EMPLOYEES
OR AGENTS OF THE COMMISSION AS MAY BE DESIGNATED BY THE  COMMISSION  FOR
SUCH  PURPOSE  SHALL  HAVE  THE  POWER  TO  ADMINISTER OATHS AND EXAMINE
WITNESSES.
  7. EACH MEMBER OF THE COMMISSION,  AND  SUCH  OFFICERS,  EMPLOYEES  OR
AGENTS OF THE COMMISSION AS MAY BE DESIGNATED BY THE COMMISSION FOR SUCH
PURPOSES, MAY ISSUE SUBPOENAS TO COMPEL ATTENDANCE OF WITNESSES, AND THE
PRODUCTION  OF  REPORTS,  BOOKS,  PAPERS,  DOCUMENTS, CORRESPONDENCE AND

S. 6260--A                          8                         A. 9060--A

OTHER POTENTIAL EVIDENCE. IN THE EVENT THAT A HOLDER OF LICENSE,  REGIS-
TRATION,  CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION FAILS TO COMPLY
WITH SUCH A SUBPOENA, THE COMMISSION MAY SUMMARILY REVOKE SUCH  LICENSE,
REGISTRATION, CERTIFICATE OR PERMIT.
  8.  TO ARBITRATE DISPUTES RELATING TO ANY STATE LICENSE, REGISTRATION,
CERTIFICATE OR PERMIT. ADDITIONALLY, THE COMMISSION SHALL BE  AUTHORIZED
TO  REQUIRE  ARBITRATION  OF AND TO ARBITRATE DISPUTES BY OR BETWEEN ANY
HOLDER OF LICENSE, REGISTRATION, CERTIFICATE OR  PERMIT  ISSUED  BY  THE
COMMISSION.
  9.  TO COLLECT ALL LICENSE AND REGISTRATION FEES IMPOSED BY STATE LAW,
OR RULES OR REGULATIONS PROMULGATED THEREUNDER, AND ANY PAYMENTS FROM AN
INDIAN NATION OR TRIBE UNDER THE TERMS OF A TRIBAL-STATE COMPACT THAT IS
IN EFFECT PURSUANT TO THE  FEDERAL  INDIAN  GAMING  REGULATORY  ACT,  25
U.S.C. S 2701, ET SEQ.
  10. TO LEVY AND COLLECT CIVIL PENALTIES AND FINES FOR ANY VIOLATION OF
THIS CHAPTER.
  11.  TO  BE PRESENT THROUGH ITS EMPLOYEES AND AGENTS DURING THE OPERA-
TION OF ANY RACE  TRACK,  CASINO,  GAMING  FACILITY,  CHARITABLE  GAMING
ORGANIZATION, SIMULCASTING FACILITY OR VIDEO LOTTERY GAMING FACILITY FOR
THE PURPOSE OF CERTIFYING THE REVENUE THEREOF, RECEIVING COMPLAINTS FROM
THE  PUBLIC  RELATING  TO  THE  CONDUCT OF GAMING AND SIMULCAST WAGERING
ACTIVITIES, EXAMINING RECORDS OF REVENUES AND PROCEDURES, AND CONDUCTING
PERIODIC REVIEWS OF OPERATIONS AND FACILITIES FOR PURPOSES OF EVALUATING
ANY CURRENT OR SUGGESTED PROVISION OF LAW, RULE OR REGULATION.
  12. TO ENSURE COMPLIANCE WITH TRIBAL-STATE GAMING COMPACTS THAT ARE IN
EFFECT PURSUANT TO THE FEDERAL INDIAN GAMING REGULATORY ACT, 25 U.S.C. S
2701, ET SEQ.
  13. TO REFER TO THE DIVISION OF LAW ENFORCEMENT OR OTHER LAW  ENFORCE-
MENT  AGENCY  OF  COMPETENT  JURISDICTION ANY EVIDENCE OF A VIOLATION OF
LAW.
  14. TO CAUSE BACKGROUND INVESTIGATIONS TO BE CONDUCTED BY THE DIVISION
OF LAW ENFORCEMENT ON ANY APPLICANT FOR A LICENSE, REGISTRATION, CERTIF-
ICATE, PERMIT OR APPROVAL. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,
THE  COMMISSION  SHALL BE GRANTED ACCESS TO THE CRIMINAL HISTORY RECORDS
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES,  PURSUANT  TO  SUBDIVISION
EIGHT-A  OF  SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, IN
CONNECTION WITH EXECUTING THE RESPONSIBILITIES OF THE COMMISSION  RELAT-
ING  TO  THE  REGULATION,  OVERSIGHT,  LICENSING,  PERMITTING OR CERTIF-
ICATION, INCLUDING FINGERPRINTING, CRIMINAL HISTORY  RECORD  CHECKS  AND
BACKGROUND  INVESTIGATIONS,  OF  PERSONS  APPLYING  TO  ENGAGE IN GAMING
ACTIVITIES AND GAMING SERVICE ENTERPRISES. AT THE REQUEST OF THE COMMIS-
SION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SUBMIT  A  FINGER-
PRINT  CARD,  ALONG  WITH  THE  SUBJECT'S PROCESSING FEE, TO THE FEDERAL
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A CRIMINAL HISTORY
SEARCH AND RETURNING A REPORT THEREON.  THE  COMMISSION  SHALL  ALSO  BE
ENTITLED TO REQUEST AND RECEIVE ANY INFORMATION IN THE POSSESSION OF THE
STATE ATTORNEY GENERAL OR DEPARTMENT OF TAXATION AND FINANCE RELATING TO
THE  INVESTIGATION  OF  ORGANIZED  CRIME, GAMING OFFENSES, OTHER REVENUE
CRIMES OR TAX EVASION.  PROVIDED HOWEVER, THE ATTORNEY  GENERAL  OR  THE
COMMISSIONER  OF  TAXATION AND FINANCE MAY WITHHOLD ANY INFORMATION THAT
(A) WOULD IDENTIFY A CONFIDENTIAL SOURCE OR DISCLOSE CONFIDENTIAL INFOR-
MATION RELATING TO A CRIMINAL INVESTIGATION, (B)  WOULD  INTERFERE  WITH
LAW ENFORCEMENT INVESTIGATIONS OR JUDICIAL PROCEEDINGS, (C) REVEAL CRIM-
INAL  INVESTIGATIVE  TECHNIQUES OR PROCEDURES, THAT, IF DISCLOSED, COULD
ENDANGER THE LIFE OR SAFETY OF ANY PERSON, OR  (D)  CONSTITUTES  RECORDS
RECEIVED  FROM  OTHER STATE, LOCAL OR FEDERAL AGENCIES THAT THE ATTORNEY

S. 6260--A                          9                         A. 9060--A

GENERAL OR THE COMMISSIONER IS PROHIBITED BY LAW, REGULATION  OR  AGREE-
MENT FROM DISCLOSING.
  15. THE CHAIR SHALL APPOINT SUCH DEPUTIES, SECRETARY, OFFICERS, REPRE-
SENTATIVES AND COUNSEL AS THE COMMISSION MAY DEEM NECESSARY, TO SERVE AT
THE  CHAIR'S  PLEASURE,  AND  SHALL  ALSO  APPOINT SUCH EMPLOYEES AS THE
COMMISSION MAY DEEM NECESSARY, AND WHOSE DUTIES SHALL BE  PRESCRIBED  BY
THE COMMISSION. IT SHALL BE THE DUTY OF THE SECRETARY TO KEEP A FULL AND
FAITHFUL  RECORD  OF  THE PROCEEDINGS OF THE COMMISSION, PRESERVE AT THE
GENERAL OFFICE OF THE COMMISSION ALL BOOKS, MAPS, DOCUMENTS  AND  PAPERS
ENTRUSTED  TO  HIS  OR  HER  CARE,  PREPARE  FOR SERVICE SUCH PAPERS AND
NOTICES AS MAY BE REQUIRED BY THE COMMISSION,  AND  PERFORM  SUCH  OTHER
DUTIES AS THE COMMISSION MAY PRESCRIBE.
  16. TO OPERATE, OR IMMEDIATELY APPOINT OR CONTRACT WITH AN INDEPENDENT
THIRD PARTY TO OPERATE, ANY FACILITY SUBJECT TO LICENSURE BY THE COMMIS-
SION  ON  AN  INTERIM  BASIS  IN THE EVENT THAT THE LICENSED OPERATOR OR
OPERATORS OF SUCH FACILITY DISCONTINUES  OPERATIONS  DUE  TO  FINANCIAL,
REGULATORY  OR  ANY  OTHER CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
LICENSE REVOCATION, RELINQUISHMENT OR  EXPIRATION,  AND  THE  COMMISSION
DETERMINES  THAT  IT  WOULD FURTHER THE PUBLIC INTEREST TO CONTINUE SUCH
OPERATIONS. SUCH OPERATION SHALL BE ON A TEMPORARY BASIS, NOT TO  EXCEED
ONE  HUNDRED  EIGHTY  DAYS,  UNTIL  SUCH TIME AS A PERMANENT OPERATOR IS
LICENSED AND AUTHORIZED TO OPERATE SUCH FACILITY; PROVIDED, HOWEVER, THE
COMMISSION MAY OPERATE A FACILITY FOR ADDITIONAL ONE HUNDRED EIGHTY  DAY
PERIODS WHERE NECESSARY.
  17.  TO  ENTER  INTO  CONTRACTS WITH ANY PERSON TO CARRY OUT ITS FUNC-
TIONS, POWERS AND DUTIES WHENEVER IT DEEMS NECESSARY OR CONVENIENT.
  18. TO ANNUALLY REPORT TO THE GOVERNOR ITS PROCEEDINGS FOR THE PRECED-
ING CALENDAR YEAR AND ANY SUGGESTIONS AND RECOMMENDATIONS  AS  IT  SHALL
DEEM DESIRABLE.
  19. TO PROMULGATE ANY RULES AND REGULATIONS THAT IT DEEMS NECESSARY TO
CARRY OUT ITS RESPONSIBILITIES.
  S 105. QUORUM. A MAJORITY OF THE DULY APPOINTED MEMBERS OF THE COMMIS-
SION  SHALL  CONSTITUTE  A  QUORUM  AND NOT LESS THAN A MAJORITY OF SUCH
QUORUM MAY TRANSACT ANY BUSINESS, PERFORM ANY DUTY OR EXERCISE ANY POWER
OF THE COMMISSION.
  S 106. SALARY AND EXPENSES. 1. THE CHAIR AND MEMBERS OF THE COMMISSION
SHALL RECEIVE SALARIES IN AMOUNTS EQUAL TO THOSE  ESTABLISHED  BY  PARA-
GRAPHS  (B) AND (D) OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-NINE
OF THE EXECUTIVE LAW, RESPECTIVELY.
  2. THE COMMISSION SHALL FIX THE  COMPENSATION  FOR  ITS  OFFICERS  AND
EMPLOYEES WITHIN THE AMOUNTS APPROPRIATED THEREFOR.
  3.  THE  MEMBERS,  OFFICERS  AND  EMPLOYEES OF THE COMMISSION SHALL BE
REIMBURSED FOR ALL ACTUAL AND NECESSARY TRAVELING AND OTHER EXPENSES AND
DISBURSEMENTS INCURRED OR MADE BY THEM IN THE DISCHARGE OF  THEIR  OFFI-
CIAL DUTIES.
  S  107.  CONFLICTS  PROHIBITED.  1. NO PERSON SHALL BE APPOINTED TO OR
EMPLOYED BY THE COMMISSION IF, DURING THE PERIOD COMMENCING THREE  YEARS
PRIOR TO APPOINTMENT OR EMPLOYMENT, SAID PERSON HELD ANY DIRECT OR INDI-
RECT  INTEREST  IN,  OR  EMPLOYMENT  BY, ANY CORPORATION, ASSOCIATION OR
PERSON ENGAGED IN GAMING ACTIVITY OR A GAMING SERVICE ENTERPRISE  WITHIN
THE  STATE.  PRIOR TO APPOINTMENT OR EMPLOYMENT, EACH MEMBER, OFFICER OR
EMPLOYEE OF THE  COMMISSION  SHALL  SWEAR  OR  AFFIRM  THAT  HE  OR  SHE
POSSESSES  NO INTEREST IN ANY CORPORATION OR ASSOCIATION HOLDING A FRAN-
CHISE, LICENSE,  REGISTRATION,  CERTIFICATE  OR  PERMIT  ISSUED  BY  THE
COMMISSION.  DURING THE TERM OF APPOINTMENT OR EMPLOYMENT, EVERY MEMBER,
OFFICER AND EMPLOYEE OF THE COMMISSION SHALL  BE  HELD  TO  THE  HIGHEST

S. 6260--A                         10                         A. 9060--A

ETHICAL STANDARDS AND AVOID ANY CONFLICT OF INTEREST OR APPEARANCE THER-
EOF.   THEREAFTER, NO MEMBER OR OFFICER OF THE COMMISSION SHALL HOLD ANY
DIRECT INTEREST IN OR BE EMPLOYED BY ANY APPLICANT FOR OR BY ANY  CORPO-
RATION,  ASSOCIATION  OR  PERSON  HOLDING A LICENSE, REGISTRATION, FRAN-
CHISE, CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION FOR  A  PERIOD  OF
FOUR YEARS COMMENCING ON THE DATE HIS OR HER MEMBERSHIP WITH THE COMMIS-
SION  TERMINATES. FURTHER, NO EMPLOYEE OF THE COMMISSION MAY ACQUIRE ANY
DIRECT OR INDIRECT INTEREST IN, OR ACCEPT EMPLOYMENT WITH, ANY APPLICANT
FOR OR ANY PERSON HOLDING A LICENSE,  REGISTRATION,  FRANCHISE,  CERTIF-
ICATE  OR  PERMIT  ISSUED  BY  THE  COMMISSION FOR A PERIOD OF TWO YEARS
COMMENCING AT THE TERMINATION OF EMPLOYMENT WITH THE COMMISSION.
  2. NO MEMBER, OFFICER, OFFICIAL OR EMPLOYEE OF  THE  COMMISSION  SHALL
PARTICIPATE  AS  AN OWNER OF A HORSE OR OTHERWISE AS A CONTESTANT IN ANY
HORSE RACE AT A RACE MEETING WHICH IS UNDER THE JURISDICTION  OR  SUPER-
VISION  OF  THE  COMMISSION,  OR  HAVE ANY PECUNIARY INTEREST, DIRECT OR
INDIRECT, IN THE PURSE, PRIZE, PREMIUM OR STAKE  CONTESTED  FOR  AT  ANY
SUCH  HORSE  RACE OR IN THE OPERATIONS OF ANY LICENSEE OF THE COMMISSION
OR STATE RACING FRANCHISEE. PARTICIPATION AS AN  OWNER  OF  A  HORSE  OR
OTHERWISE  AS  A CONTESTANT IN ANY SUCH HORSE RACE BY A MEMBER, OFFICER,
OTHER OFFICIAL OR EMPLOYEE OF THE COMMISSION IN VIOLATION OF THIS PROHI-
BITION SHALL TERMINATE THE TERM OF HIS OR HER OFFICE AS A MEMBER, OR HIS
OR HER SERVICES AS AN OFFICER OR OFFICIAL OR EMPLOYEE OF THE COMMISSION.
  3. ALL MEMBERS, OFFICERS AND EMPLOYEES  OF  THE  COMMISSION  SHALL  BE
SUBJECT  TO THE PROVISIONS OF THE PUBLIC OFFICERS LAW AND BE REQUIRED TO
ANNUALLY FILE A FINANCIAL DISCLOSURE STATEMENT WITH THE JOINT COMMISSION
ON PUBLIC ETHICS.
  4. NO MEMBER, OFFICER OR EMPLOYEE OF THE COMMISSION SHALL  WAGER  UPON
GAMING OR HORSE RACING ACTIVITY CONDUCTED WITHIN THE STATE.
  5.  NO INDIVIDUAL EMPLOYED BY AN OFF-TRACK BETTING CORPORATION OR RACE
TRACK LICENSED PURSUANT TO THIS CHAPTER AS A PARI-MUTUEL CLERK,  CASHIER
OR  SELLER  SHALL  BE PERMITTED TO WAGER UPON GAMING ACTIVITY DURING ANY
PERIOD OF A DAY ON WHICH SUCH PERSON IS EMPLOYED IN SUCH CAPACITY.
  6. NO PUBLIC OFFICER OR PARTY OFFICER SHALL HOLD ANY LICENSE FROM  THE
COMMISSION.
  7.  THE  FOLLOWING  PUBLIC  EMPLOYEES  ARE PROHIBITED FROM HOLDING ANY
LICENSE FROM THE COMMISSION:
  (A) AN EMPLOYEE OF THE COMMISSION;  ANY  DIRECTOR  OR  EMPLOYEE  OF  A
REGIONAL  OFF-TRACK BETTING CORPORATION EMPLOYED IN A MANAGEMENT, CONFI-
DENTIAL OR SUPERVISORY CAPACITY, PROVIDED, HOWEVER, THAT  SUCH  DIRECTOR
OR EMPLOYEE SHALL BE REQUIRED TO APPLY FOR AND OBTAIN A LICENSE FROM THE
COMMISSION FOR PURPOSES OF THEIR POSITION WITH OFF-TRACK BETTING; OR
  (B)  AN  EMPLOYEE OF THE STATE LEGISLATURE; PROVIDED, HOWEVER, THAT AN
EMPLOYEE OF THE STATE LEGISLATURE WHOSE DUTIES IN SUCH POSITION  DO  NOT
RELATE  TO GAMING ACTIVITIES SHALL NOT BE SUBJECT TO THE PROHIBITIONS OF
THIS SECTION IF HE OR SHE HELD A LICENSE FROM THE  FORMER  STATE  RACING
AND WAGERING BOARD WHILE EMPLOYED BY THE STATE LEGISLATURE PRIOR TO JULY
FIRST, NINETEEN HUNDRED EIGHTY; OR
  (C)  AN  EMPLOYEE OF ANY LOCAL LEGISLATIVE BODY WHOSE DUTIES RELATE TO
GAMING ACTIVITIES; OR
  (D) AN EMPLOYEE OF ANY STATE OR  LOCAL  BOARD,  AGENCY,  AUTHORITY  OR
OTHER  STATE  OR  LOCAL GOVERNMENTAL BODY, THE DUTIES OF WHICH RELATE TO
GAMING ACTIVITIES OR THE TAXATION THEREOF.
  8. NO PUBLIC OFFICER, PUBLIC EMPLOYEE OR PARTY OFFICER SHALL:
  (A) OWN OR HOLD, DIRECTLY OR  INDIRECTLY,  ANY  PROPRIETARY  INTEREST,
STOCK OR OBLIGATION OF ANY FIRM, ASSOCIATION OR CORPORATION (I) WHICH IS
LICENSED  BY THE COMMISSION TO CONDUCT GAMING OR HORSE RACING ACTIVITIES

S. 6260--A                         11                         A. 9060--A

OR GAMING SERVICE ENTERPRISE, OR (II)  WHICH  CONDUCTS  ITS  OCCUPATION,
TRADE,  OR  BUSINESS  AT A RACETRACK AT WHICH PARI-MUTUEL RACE MEETS ARE
CONDUCTED OR FACILITY WHERE GAMING ACTIVITY IS CONDUCTED WHETHER OR  NOT
A LICENSE IS REQUIRED, OR (III) WHICH OWNS OR LEASES TO ANY ENFRANCHISED
OR  LICENSED ASSOCIATION OR CORPORATION A RACETRACK AT WHICH PARI-MUTUEL
RACING IS CONDUCTED OR FACILITY WHERE GAMING ACTIVITY IS  CONDUCTED,  OR
(IV)  WHICH  PARTICIPATES  IN  THE MANAGEMENT OF ANY FRANCHISE HOLDER OR
LICENSEE CONDUCTING GAMING OR HORSE RACING ACTIVITIES OR GAMING  SERVICE
ENTERPRISE; OR
  (B) HOLD ANY OFFICE OR EMPLOYMENT WITH ANY FIRM, ASSOCIATION OR CORPO-
RATION  SPECIFIED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  EXCEPT AS
PROVIDED IN SUBDIVISION NINE OF THIS SECTION; OR
  (C) SELL, OR BE A MEMBER OF A FIRM, OR OWN TEN PER CENTUM OR  MORE  OF
THE  STOCK  OF ANY CORPORATION, WHICH SELLS ANY GOODS OR SERVICES TO ANY
FIRM, ASSOCIATION OR CORPORATION SPECIFIED  IN  PARAGRAPH  (A)  OF  THIS
SUBDIVISION.
  9.  THE  PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION EIGHT OF THIS
SECTION SHALL NOT APPLY TO A PUBLIC EMPLOYEE OTHER THAN AN  EMPLOYEE  OF
THE  COMMISSION, A POLICE OFFICER OR A PEACE OFFICER EMPLOYED BY A SHER-
IFF'S OFFICE, DISTRICT ATTORNEY'S OFFICE OR OTHER  STATE  OR  LOCAL  LAW
ENFORCEMENT  AGENCY,  OR THOSE EMPLOYEES CLASSIFIED AS MANAGEMENT CONFI-
DENTIAL EMPLOYEES PURSUANT TO SECTION TWO HUNDRED FOURTEEN OF THE  CIVIL
SERVICE  LAW WHO ARE EMPLOYED BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY
OR REGIONAL  OFF-TRACK  BETTING  CORPORATION;  PROVIDED,  HOWEVER,  THAT
EMPLOYMENT  OF EMPLOYEES OF A POLITICAL SUBDIVISION MAY BE PROHIBITED BY
ORDINANCE, RESOLUTION OR LOCAL LAW ADOPTED BY THE LOCAL LEGISLATIVE BODY
OR OTHER GOVERNING BOARD OF SUCH POLITICAL SUBDIVISION.
  10. THE COMMISSION SHALL HAVE THE POWER  TO  REFUSE  TO  GRANT  OR  TO
REVOKE  OR  SUSPEND  A LICENSE OF ANY PERSON, ASSOCIATION OR CORPORATION
THAT AIDS OR KNOWINGLY PERMITS OR CONSPIRES TO PERMIT ANY  PUBLIC  OFFI-
CER,  PUBLIC EMPLOYEE OR PARTY OFFICER TO ACQUIRE OR RETAIN ANY INTEREST
PROHIBITED BY THIS SECTION AND SHALL HAVE THE POWER TO EXCLUDE FROM  THE
GROUNDS OF ANY RACING ASSOCIATION ANY SUCH PERSON, ASSOCIATION OR CORPO-
RATION.
  11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN ADDITION TO ANY
OTHER CAUSE OF REMOVAL PROVIDED BY LAW, AN INTENTIONAL VIOLATION OF THIS
SECTION SHALL BE CAUSE FOR REMOVAL FROM PUBLIC OFFICE, PUBLIC EMPLOYMENT
OR  PARTY OFFICE. IN ANY SUCH CASE, SUCH PUBLIC OFFICER, PUBLIC EMPLOYEE
OR PARTY OFFICER VIOLATING THIS SECTION SHALL BE REMOVED FROM OFFICE  BY
THE  APPROPRIATE AUTHORITY HAVING THE POWER OF REMOVAL OR AT THE SUIT OF
THE ATTORNEY GENERAL. FURTHER, SUCH PUBLIC OFFICER, PUBLIC  EMPLOYEE  OR
PARTY  OFFICER  SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN TEN
THOUSAND DOLLARS.
  S 108. CERTAIN RESTRICTIONS ON WAGERING. 1.  NO  CORPORATION,  ASSOCI-
ATION  OR PERSON WHICH HOLDS A LICENSE, REGISTRATION, FRANCHISE, CERTIF-
ICATE OR PERMIT ISSUED BY THE COMMISSION SHALL  DIRECTLY  EXTEND  CREDIT
FOR ANY WAGER UNDER THIS CHAPTER.
  2.  NO CORPORATION, ASSOCIATION OR PERSON THAT HOLDS A LICENSE, REGIS-
TRATION, FRANCHISE, CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION SHALL
PERMIT ANY PERSON WHO IS ACTUALLY OR APPARENTLY UNDER EIGHTEEN YEARS  OF
AGE TO BET ON GAMING ACTIVITY, AS DEFINED IN SUBDIVISION FIVE OF SECTION
ONE HUNDRED ONE OF THIS ARTICLE.
  S  109.  SUPPLEMENTARY  REGULATORY POWERS OF THE COMMISSION.  NOTWITH-
STANDING ANY INCONSISTENT PROVISION OF LAW, THE COMMISSION  THROUGH  ITS
RULES  AND REGULATIONS OR IN ALLOTTING DATES FOR RACING, SIMULCASTING OR

S. 6260--A                         12                         A. 9060--A

IN LICENSING RACE MEETINGS AT WHICH  PARI-MUTUEL  BETTING  IS  PERMITTED
SHALL BE AUTHORIZED TO:
  (A)  PERMIT RACING AT WHICH PARI-MUTUEL BETTING IS CONDUCTED ON ANY OR
ALL DATES FROM THE FIRST DAY OF JANUARY THROUGH THE THIRTY-FIRST DAY  OF
DECEMBER, INCLUSIVE OF SUNDAYS; AND
  (B) FIX MINIMUM AND MAXIMUM CHARGES FOR ADMISSION AT ANY RACE MEETING.
  S  110.  STATEMENT  OF  STOCKHOLDERS TO BE FILED. EVERY CORPORATION OR
ASSOCIATION AUTHORIZED UNDER THIS CHAPTER TO CONDUCT PARI-MUTUEL BETTING
AT A RACE MEETING OR RACES RUN THEREAT SHALL FILE WITH THE COMMISSION  A
STATEMENT  GIVING  THE  NAMES  AND ADDRESSES OF ALL ITS STOCKHOLDERS AND
SHALL LIKEWISE FILE REVISED STATEMENTS GIVING SUCH NAMES  AND  ADDRESSES
FROM TIME TO TIME AS CHANGES OCCUR.
  S 111. COMPULSIVE GAMBLING ASSISTANCE. 1. THE COMMISSION SHALL COOPER-
ATE  WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO
ENSURE THE POSTING OF SIGNS AND LISTING OF INFORMATION ON  THE  INTERNET
DESIGNED  TO  ASSIST  COMPULSIVE  GAMBLERS PURSUANT TO THE PROVISIONS OF
SUBDIVISION (H) OF SECTION 19.09 OF THE MENTAL HYGIENE LAW.
  2. (A) THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS  PURSUANT
TO  WHICH  PEOPLE  MAY  VOLUNTARILY EXCLUDE THEMSELVES FROM ENTERING THE
PREMISES OF AN ASSOCIATION OR CORPORATION LICENSED  OR  ENFRANCHISED  BY
THE COMMISSION PURSUANT TO THIS CHAPTER.
  (B) AN ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED PURSUANT TO
THIS  CHAPTER  SHALL NOT BE LIABLE TO ANY SELF-EXCLUDED PERSON OR TO ANY
OTHER PARTY IN ANY JUDICIAL PROCEEDING FOR ANY HARM, MONETARY OR  OTHER-
WISE,  WHICH  MAY ARISE AS A RESULT OF A SELF-EXCLUDED PERSON'S ENGAGING
IN GAMING ACTIVITY WHILE ON THE LIST OF SELF-EXCLUDED PERSONS;  PROVIDED
THAT  NOTHING  CONTAINED  IN THIS PARAGRAPH SHALL LIMIT THE LIABILITY OF
ANY SUCH ASSOCIATION, CORPORATION, OR FACILITY FOR  ANY  OTHER  ACTS  OR
OMISSIONS UNDER ANY OTHER STATUTORY LAW OR UNDER THE COMMON LAW.
  (C) NO VOLUNTARY ORDER OR REQUEST TO EXCLUDE PERSONS FROM ENTERING THE
PREMISES  OF  ANY  SUCH  ASSOCIATION,  CORPORATION,  OR  FACILITY MAY BE
RESCINDED, CANCELED, OR DECLARED NULL AND VOID UNTIL SEVEN DAYS AFTER  A
REQUEST  HAS BEEN RECEIVED BY SUCH ASSOCIATION, CORPORATION, OR FACILITY
TO CANCEL SUCH ORDER OR REQUEST.
  3. THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS UNDER WHICH A
PERSON WITH AN ACCOUNT  AUTHORIZED  PURSUANT  TO  SECTION  ONE  THOUSAND
TWELVE  OF  THIS  CHAPTER MAY VOLUNTARILY PLACE LIMITS ON THE AMOUNTS OF
HIS OR HER WAGERS OR POTENTIAL WAGERS ON A DAILY  OR  WEEKLY  BASIS.  NO
ORDER  FROM  A PERSON TO REMOVE ANY LIMIT PLACED ON ACCOUNT WAGERS SHALL
BE EFFECTIVE UNTIL SEVEN DAYS AFTER IT HAS BEEN RECEIVED BY  THE  ENTITY
CONDUCTING ACCOUNT WAGERING.
  S  112.  PARI-MUTUEL OPERATIONS; FILING OF TAX FORMS AND OTHER STATIS-
TICS. THE COMMISSION AND THE COMMISSIONER OF TAXATION AND FINANCE  SHALL
APPROVE  ALL  SYSTEMS USED FOR DATA PROCESSING AND COMMUNICATIONS IN THE
OPERATION OF PARI-MUTUEL BETTING AND, IN ITS DISCRETION, THE  COMMISSION
MAY  ESTABLISH,  BY REGULATION, UNIFORM PROTOCOLS TO BE EMPLOYED FOR THE
MERGING OF WAGERS DEPOSITED  WITH  ONE  PARI-MUTUEL  OPERATOR  WITH  THE
WAGERS DEPOSITED WITH ANOTHER PARI-MUTUEL OPERATOR.
  S  113.  FILING  OF  PARI-MUTUEL  TAX RETURNS OR REPORTS BY ELECTRONIC
MEANS. EVERY CORPORATION OR ASSOCIATION AUTHORIZED BY  THIS  CHAPTER  TO
CONDUCT PARI-MUTUEL BETTING ON HORSE RACES SHALL FILE IN A TIMELY MANNER
PARI-MUTUEL  TAX  RETURNS  OR OTHER REPORTS RELATING TO SUCH ACTIVITY IN
SUCH FORM AND BY SUCH MEANS,  INCLUDING  ELECTRONIC  MEANS,  AS  MAY  BE
PRESCRIBED  BY  THE  COMMISSION  OR  THE  COMMISSIONER  OF  TAXATION AND
FINANCE, AS THE CASE MAY BE IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS
CHAPTER.

S. 6260--A                         13                         A. 9060--A

  S  114. PRACTICE AND PROCEDURE. THE PROVISIONS OF ARTICLE TWENTY-SEVEN
OF THE TAX LAW, EXCEPT SECTIONS ONE THOUSAND EIGHTY-FIVE AND  ONE  THOU-
SAND  NINETY-SEVEN, SHALL APPLY TO THE PROVISIONS OF THIS CHAPTER IN THE
SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS  IF  THE  LANGUAGE  OF
SUCH  ARTICLE  HAD  BEEN  INCORPORATED IN FULL INTO THIS CHAPTER AND HAD
EXPRESSLY REFERRED TO THE ADMISSION TAXES,  PARI-MUTUEL  REVENUE  TAXES,
THE  FRANCHISE  FEE  ON A FRANCHISED CORPORATION AND UNPAID MONEY DUE ON
ACCOUNT OF  PARI-MUTUEL  TICKETS  NOT  PRESENTED,  ADMINISTERED  BY  THE
COMMISSIONER  OF  TAXATION  AND  FINANCE,  UNDER THIS CHAPTER, WITH SUCH
MODIFICATIONS AS MAY BE NECESSARY IN ORDER TO ADAPT THE LANGUAGE OF SUCH
PROVISIONS TO SUCH TAXES, FEE AND UNPAID MONEY DUE, EXCEPT TO THE EXTENT
THAT ANY PROVISION  OF  SUCH  ARTICLE  IS  EITHER  INCONSISTENT  WITH  A
PROVISION OF THIS CHAPTER OR IS NOT RELEVANT TO THIS CHAPTER.
  S 115. REGULATORY FEES.  1.  PAYMENT OF THE REGULATORY FEES IMPOSED BY
THIS  CHAPTER SHALL BE MADE TO THE COMMISSION BY EACH ENTITY REQUIRED TO
MAKE SUCH PAYMENTS ON THE LAST BUSINESS DAY  OF  EACH  MONTH  AND  SHALL
COVER  THE FEES DUE FOR THE PERIOD FROM THE SIXTEENTH DAY OF THE PRECED-
ING MONTH THROUGH THE FIFTEENTH  DAY  OF  THE  CURRENT  MONTH,  PROVIDED
HOWEVER THAT ALL SUCH PAYMENTS REQUIRED TO BE MADE ON MARCH THIRTY-FIRST
SHALL  INCLUDE  ALL  FEES DUE AND ACCRUING THROUGH THE LAST FULL WEEK OF
RACING OF THE CURRENT YEAR OR AS OTHERWISE DETERMINED BY THE  COMMISSION
AND  SHALL  BE ACCOMPANIED BY A REPORT UNDER OATH, SHOWING SUCH INFORMA-
TION AS THE COMMISSION MAY REQUIRE.  A  PENALTY  OF  FIVE  PERCENT,  AND
INTEREST  AT  THE RATE OF ONE PERCENT PER MONTH FROM THE DATE THE REPORT
IS REQUIRED TO BE FILED TO THE DATE OF THE PAYMENT OF THE FEE  SHALL  BE
PAYABLE IN CASE ANY FEE IMPOSED BY THIS CHAPTER IS NOT PAID WHEN DUE. IF
THE  COMMISSION DETERMINES THAT ANY REGULATORY FEES RECEIVED BY IT UNDER
THIS CHAPTER WERE PAID IN ERROR, THE COMMISSION MAY CAUSE THE SAME TO BE
REFUNDED WITHOUT  INTEREST  OUT  OF  ANY  MONIES  COLLECTED  THEREUNDER,
PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE COMMISSION WITHIN ONE
YEAR FROM THE TIME THE ERRONEOUS PAYMENT IS MADE.
  2.  THE  COMMISSION  OR ITS DULY AUTHORIZED REPRESENTATIVES SHALL HAVE
THE POWER TO EXAMINE OR CAUSE TO BE EXAMINED THE BOOKS  AND  RECORDS  OF
EACH  ENTITY  REQUIRED TO PAY THE REGULATORY FEE IMPOSED BY THIS CHAPTER
FOR THE PURPOSE OF EXAMINING AND  CHECKING  THE  SAME  AND  ASCERTAINING
WHETHER  OR  NOT  THE PROPER AMOUNT OR AMOUNTS DUE ARE BEING PAID. IF IN
THE OPINION OF THE COMMISSION, AFTER SUCH EXAMINATION, ANY  SUCH  REPORT
IS INCORRECT, THE COMMISSION IS AUTHORIZED TO ISSUE AN ASSESSMENT FIXING
THE  CORRECT  AMOUNT  OF SUCH FEE. SUCH ASSESSMENTS MAY BE ISSUED WITHIN
THREE YEARS FROM THE FILING OF ANY REPORT. ANY SUCH ASSESSMENT SHALL  BE
FINAL AND CONCLUSIVE UNLESS AN APPLICATION FOR A HEARING IS FILED BY THE
REPORTING ENTITY WITHIN THIRTY DAYS OF THE ASSESSMENT. THE ACTION OF THE
COMMISSION  IN  MAKING  SUCH FINAL ASSESSMENT SHALL BE REVIEWABLE IN THE
SUPREME COURT IN THE MANNER PROVIDED BY AND SUBJECT TO THE PROVISIONS OF
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  3. THE COMMISSION SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET AN ANNUAL
PLAN THAT DETAILS THE AMOUNT OF MONEY THE COMMISSION DEEMS NECESSARY  TO
MAINTAIN THE OPERATIONS, COMPLIANCE AND ENFORCEMENT OF THE PROVISIONS OF
THIS  CHAPTER.  CONTINGENT  UPON APPROVAL OF THE DIRECTOR OF THE BUDGET,
THE COMMISSION SHALL PAY INTO AN ACCOUNT, TO  BE  KNOWN  AS  THE  RACING
REGULATION  ACCOUNT,  UNDER THE JOINT CUSTODY OF THE COMPTROLLER AND THE
COMMISSION, THE TOTAL AMOUNT OF THE REGULATORY FEES  COLLECTED  PURSUANT
TO THIS CHAPTER. WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, MONIES
TO  BE  UTILIZED  TO  MAINTAIN THE OPERATIONS NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS CHAPTER SHALL BE PAID OUT  OF  SUCH  ACCOUNT  ON  THE

S. 6260--A                         14                         A. 9060--A

AUDIT  AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED AND APPROVED
BY THE DIRECTOR OF THE BUDGET OR HIS DULY DESIGNATED OFFICIAL.
  S  115-A.  FEE  FOR THE START OF A HORSE IN NEW YORK STATE PARI-MUTUEL
RACES.  1. IN ORDER TO PROVIDE SUPPLEMENTAL FUNDING TO SUPPORT THE OPER-
ATIONS OF THE COMMISSION, A FEE IN THE AMOUNT OF TEN  DOLLARS  SHALL  BE
ASSESSED  AND PAID UPON EVERY HORSE ENTERED IN A PARI-MUTUEL RACE IN NEW
YORK STATE THAT ACTUALLY STARTS IN THE RACE. SUCH FEE SHALL BE  REFUNDED
TO  THE  OWNER OR CREDITED TO THE OWNER'S ACCOUNT IN THE EVENT THE HORSE
DOES NOT ACTUALLY START IN THE RACE. THE COMMISSION SHALL, AS  A  CONDI-
TION OF RACING, REQUIRE ANY CORPORATION AUTHORIZED UNDER THIS CHAPTER TO
CONDUCT  PARI-MUTUEL  BETTING AT A RACE MEETING OR RACES RUN THEREAT, TO
REQUIRE THAT EACH OWNER RACING A HORSE SHALL HAVE PLACED ON  DEPOSIT  AT
THE  TIME  OF  ENTRY WITH THE HORSEMEN'S BOOKKEEPER OR SIMILAR OFFICE OF
SUCH CORPORATION THE REQUIRED FEE IN THE AMOUNT OF TEN DOLLARS PER HORSE
ENTERED IN A PARI-MUTUEL RACE. UNLESS REFUNDED OR  CREDITED,  THE  TOTAL
FEE  AMOUNT COLLECTED DURING THE PRECEDING MONTH BY THE HORSEMEN'S BOOK-
KEEPER OR SIMILAR OFFICE OF  SUCH  CORPORATION  SHALL  BE  PAID  TO  THE
COMMISSION  ON  THE  FIRST  BUSINESS DAY OF EACH MONTH. PAYMENT SHALL BE
ACCOMPANIED BY A REPORT, UNDER OATH, SHOWING  SUCH  INFORMATION  AS  THE
COMMISSION  MAY  REQUIRE. A PENALTY OF FIVE PERCENT, AND INTEREST AT THE
RATE OF ONE PERCENT PER MONTH FROM THE DATE THE REPORT IS REQUIRED TO BE
FILED TO THE DATE OF THE PAYMENT OF THE FEE, SHALL BE  PAYABLE  IN  CASE
ANY FEE IMPOSED BY THIS SUBDIVISION IS NOT PAID WHEN DUE. IF THE COMMIS-
SION DETERMINES THAT ANY FEES RECEIVED BY IT UNDER THIS SUBDIVISION WERE
PAID  IN ERROR, THE COMMISSION MAY CAUSE THE SAME TO BE REFUNDED WITHOUT
INTEREST OUT OF ANY MONIES COLLECTED HEREUNDER, PROVIDED AN  APPLICATION
THEREFOR  IS FILED WITH THE COMMISSION WITHIN ONE YEAR FROM THE TIME THE
ERRONEOUS PAYMENT IS MADE.
  2. THE COMMISSION OR ITS DULY AUTHORIZED  REPRESENTATIVES  SHALL  HAVE
THE  POWER  TO  EXAMINE OR CAUSE TO BE EXAMINED THE BOOKS AND RECORDS OF
SUCH CORPORATIONS REQUIRED TO PAY OVER THE FEE IMPOSED BY  THIS  SECTION
FOR  THE  PURPOSE  OF  EXAMINING  AND CHECKING THE SAME AND ASCERTAINING
WHETHER THE PROPER AMOUNT OR AMOUNTS DUE ARE BEING PAID. IF IN THE OPIN-
ION OF THE COMMISSION, AFTER SUCH EXAMINATION, ANY SUCH REPORT IS INCOR-
RECT, THE COMMISSION IS AUTHORIZED TO ISSUE  AN  ASSESSMENT  FIXING  THE
CORRECT  AMOUNT OF SUCH FEE. SUCH ASSESSMENTS MAY BE ISSUED WITHIN THREE
YEARS FROM THE FILING OF ANY REPORT. ANY SUCH ASSESSMENT SHALL BE  FINAL
AND  CONCLUSIVE  UNLESS  AN  APPLICATION  FOR  A HEARING IS FILED BY THE
REPORTING ENTITY WITHIN THIRTY DAYS OF THE ASSESSMENT. THE ACTION OF THE
COMMISSION IN MAKING SUCH FINAL ASSESSMENT SHALL BE  REVIEWABLE  IN  THE
SUPREME COURT IN THE MANNER PROVIDED BY AND SUBJECT TO THE PROVISIONS OF
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  3.  THE COMMISSION SHALL PAY INTO THE RACING REGULATION ACCOUNT, UNDER
THE JOINT CUSTODY OF THE  COMPTROLLER  AND  THE  COMMISSION,  THE  TOTAL
AMOUNT OF THE FEES COLLECTED PURSUANT TO THIS SECTION. WITH THE APPROVAL
OF  THE  DIRECTOR  OF THE BUDGET, MONIES TO BE UTILIZED TO PAY THE COSTS
AND EXPENSES OF THE OPERATIONS OF THE COMMISSION SHALL BE  PAID  OUT  OF
SUCH  ACCOUNT  ON  THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS,
CERTIFIED AND APPROVED BY THE DIRECTOR OF THE BUDGET OR HIS OR HER  DULY
DESIGNATED OFFICIAL.
  S  116.  PENALTIES. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,
ANY PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF THIS CHAPTER, OR ANY
RULE, REGULATION OR ORDER PROMULGATED THERETO, OR THE TERMS  AND  CONDI-
TIONS  OF  ANY  LICENSE,  PERMIT OR APPROVAL ISSUED THEREUNDER, SHALL BE
LIABLE TO A CIVIL PENALTY OF NOT MORE THAN FIFTY  THOUSAND  DOLLARS  FOR
EACH  VIOLATION,  AND AN ADDITIONAL CIVIL PENALTY OF NOT MORE THAN FIFTY

S. 6260--A                         15                         A. 9060--A

THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. ANY
CIVIL PENALTY MAY BE ASSESSED BY THE COMMISSION FOLLOWING A  HEARING  OR
OPPORTUNITY TO BE HEARD.
  S  117.  TRANSFER  OF  FUNCTIONS.  ALL  OF  THE  FUNCTIONS  AND POWERS
POSSESSED BY AND THE OBLIGATIONS AND DUTIES OF  THE  FORMER  RACING  AND
WAGERING  BOARD AND ITS PREDECESSORS AND THE DIVISION OF THE LOTTERY AND
ITS PREDECESSORS ARE HEREBY TRANSFERRED TO THE COMMISSION.
  S 118. TRANSFER OF EMPLOYEES.  1.  UPON  THE  TRANSFER  OF  FUNCTIONS,
POWERS,  DUTIES AND OBLIGATIONS TO THE COMMISSION PURSUANT TO THIS ARTI-
CLE, PROVISION SHOULD BE MADE FOR THE TRANSFER TO THE COMMISSION OF SUCH
EMPLOYEES OF THE FORMER DIVISION OF THE LOTTERY AND  FORMER  RACING  AND
WAGERING  BOARD  WHO  ARE  ENGAGED IN CARRYING OUT SUCH FUNCTIONS AS THE
CHAIR OF THE COMMISSION MAY DEEM NECESSARY FOR THE EXERCISE OF THE FUNC-
TIONS HEREIN TRANSFERRED TO THE  COMMISSION.  EMPLOYEES  SO  TRANSFERRED
SHALL  BE  TRANSFERRED  WITHOUT FURTHER EXAMINATION OR QUALIFICATION AND
SHALL RETAIN THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATIONS AND  STATUS.
FOR  THE PURPOSE OF DETERMINING THE EMPLOYEES HOLDING PERMANENT APPOINT-
MENTS IN COMPETITIVE CLASS POSITIONS TO BE TRANSFERRED,  SUCH  EMPLOYEES
SHALL  BE  SELECTED WITHIN EACH CLASS OF POSITIONS IN THE ORDER OF THEIR
ORIGINAL APPOINTMENT, WITH DUE REGARD TO  THE  RIGHT  OF  PREFERENCE  IN
RETENTION  OF DISABLED AND NON-DISABLED VETERANS. ANY SUCH EMPLOYEE WHO,
AT THE TIME OF SUCH TRANSFER, HAS A TEMPORARY OR PROVISIONAL APPOINTMENT
SHALL BE TRANSFERRED SUBJECT TO THE SAME RIGHT OF  REMOVAL,  EXAMINATION
OR  TERMINATION  AS  THOUGH  SUCH  TRANSFER HAD NOT BEEN MADE. EMPLOYEES
HOLDING PERMANENT APPOINTMENTS IN COMPETITIVE CLASS  POSITIONS  WHO  ARE
NOT  TRANSFERRED PURSUANT TO THIS SECTION SHALL HAVE THEIR NAMES ENTERED
UPON AN APPROPRIATE PREFERRED LIST FOR  REINSTATEMENT  PURSUANT  TO  THE
CIVIL SERVICE LAW.
  2. A TRANSFERRED EMPLOYEE SHALL REMAIN IN THE SAME COLLECTIVE BARGAIN-
ING UNIT AS WAS THE CASE PRIOR TO HIS OR HER TRANSFER; SUCCESSOR EMPLOY-
EES  TO THE POSITIONS HELD BY SUCH TRANSFERRED EMPLOYEES SHALL, CONSIST-
ENT WITH THE PROVISIONS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, BE
INCLUDED IN THE SAME UNIT AS THEIR PREDECESSORS.  EMPLOYEES  OTHER  THAN
MANAGEMENT OR CONFIDENTIAL PERSONS AS DEFINED IN ARTICLE FOURTEEN OF THE
CIVIL  SERVICE  LAW  SERVING  POSITIONS IN NEWLY CREATED TITLES SHALL BE
ASSIGNED TO THE APPROPRIATE BARGAINING UNIT.  NOTHING  CONTAINED  HEREIN
SHALL BE CONSTRUED TO AFFECT:
  (A) THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREE-
MENT;
  (B) THE REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE ORGANIZATIONS OR
THE BARGAINING RELATIONSHIPS BETWEEN THE STATE AND AN EMPLOYEE ORGANIZA-
TION; OR
  (C)  EXISTING LAW WITH RESPECT TO AN APPLICATION TO THE PUBLIC EMPLOY-
MENT RELATIONS BOARD, PROVIDED, HOWEVER, THAT THE MERGER OF SUCH NEGOTI-
ATING UNITS OF EMPLOYEES SHALL BE EFFECTED ONLY WITH THE CONSENT OF  THE
RECOGNIZED AND CERTIFIED REPRESENTATIVE OF SUCH UNITS AND OF THE DEPART-
MENT OF LAW.
  S 119. TRANSFER OF RECORDS. ALL BOOKS, PAPERS, RECORDS AND PROPERTY OF
THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING BOARD
AND ITS PREDECESSORS WITH RESPECT TO THE FUNCTIONS, POWERS,  DUTIES  AND
OBLIGATIONS  TRANSFERRED  BY  THIS  ARTICLE  ARE  TO BE DELIVERED TO THE
APPROPRIATE SUCCESSOR OFFICES WITHIN THE COMMISSION, AT SUCH  PLACE  AND
TIME, AND IN SUCH MANNER AS THE CHAIR OF THE COMMISSION MAY REQUIRE.
  S  120.  CONTINUITY OF AUTHORITY. FOR THE PURPOSE OF SUCCESSION TO ALL
FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS OF THE FORMER DIVISION OF  THE
LOTTERY  AND FORMER RACING AND WAGERING BOARD TRANSFERRED TO AND ASSUMED

S. 6260--A                         16                         A. 9060--A

BY THE COMMISSION, SUCH COMMISSION  SHALL  BE  DEEMED  TO  AND  HELD  TO
CONSTITUTE  THE CONTINUATION OF SUCH FUNCTIONS, POWERS, DUTIES AND OBLI-
GATIONS, AND NOT A DIFFERENT AGENCY OR AUTHORITY.
  S 121. COMPLETION OF UNFINISHED BUSINESS. ANY BUSINESS OR OTHER MATTER
UNDERTAKEN  OR  COMMENCED  BY THE FORMER DIVISION OF THE LOTTERY AND THE
FORMER RACING AND WAGERING BOARD PERTAINING TO  OR  CONNECTED  WITH  THE
FUNCTIONS,  POWERS,  DUTIES  AND OBLIGATIONS TRANSFERRED AND ASSIGNED TO
THE STATE GAMING COMMISSION AND PENDING ON THE EFFECTIVE  DATE  OF  THIS
ARTICLE  SHALL  BE  CONDUCTED AND COMPLETED BY THE APPROPRIATE SUCCESSOR
OFFICES WITHIN THE COMMISSION IN THE SAME  MANNER  AND  UNDER  THE  SAME
TERMS  AND  CONDITIONS  AND  WITH  THE  SAME  EFFECT AS IF CONDUCTED AND
COMPLETED BY THE FORMER DIVISION OF THE LOTTERY AND  FORMER  RACING  AND
WAGERING BOARD.
  S  122. CONTINUATION OF RULES AND REGULATIONS. ALL RULES, REGULATIONS,
ACTS, ORDERS, DETERMINATIONS, AND DECISIONS OF THE  FORMER  DIVISION  OF
THE LOTTERY AND FORMER RACING AND WAGERING BOARD IN FORCE AT THE TIME OF
SUCH  TRANSFER  AND  ASSUMPTION,  SHALL  CONTINUE IN FORCE AND EFFECT AS
RULES, REGULATIONS, ACTS, ORDERS, DETERMINATIONS AND  DECISIONS  OF  THE
COMMISSION UNTIL DULY MODIFIED OR ABROGATED BY SUCH COMMISSION.
  S 123. TERMS OCCURRING IN LAWS, CONTRACTS AND OTHER DOCUMENTS.  UNLESS
THE  CONTEXT  SHALL OTHERWISE REQUIRE, WHENEVER THE "RACING AND WAGERING
BOARD" OR "BOARD", "STATE  RACING  COMMISSION",  "STATE  HARNESS  RACING
COMMISSION",  "STATE  QUARTER  HORSE RACING COMMISSION", OR "DIVISION OF
THE LOTTERY" ARE REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCU-
MENT PERTAINING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES  TRANS-
FERRED  AND  ASSIGNED  TO  THE COMMISSION, SUCH REFERENCE OR DESIGNATION
SHALL BE DEEMED TO REFER TO THE "STATE GAMING COMMISSION".
  S 124. EXISTING RIGHTS AND REMEDIES PRESERVED. NO  EXISTING  RIGHT  OR
REMEDY OF ANY CHARACTER SHALL BE LOST, IMPAIRED OR AFFECTED BY REASON OF
THE  TRANSFER OR ASSIGNMENT OF FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES
FROM THE FORMER DIVISION OF THE LOTTERY AND FORMER RACING  AND  WAGERING
BOARD TO THE COMMISSION.
  S 125. PENDING ACTIONS OR PROCEEDINGS. NO ACTION OR PROCEEDING PENDING
AT  THE  TIME  THAT THIS ARTICLE SHALL TAKE EFFECT RELATING TO THE FUNC-
TIONS, POWERS AND DUTIES OF THE  FORMER  DIVISION  OF  THE  LOTTERY  AND
FORMER  RACING  AND WAGERING BOARD TRANSFERRED PURSUANT TO THIS ARTICLE,
BROUGHT BY OR AGAINST THE FORMER  DIVISION  OF  THE  LOTTERY  OR  FORMER
RACING AND WAGERING BOARD, OR THE OFFICERS THEREOF, SHALL BE AFFECTED BY
THE  TRANSFER OR ASSIGNMENT OF FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES
FROM THE FORMER DIVISION OF THE LOTTERY AND FORMER RACING  AND  WAGERING
BOARD  TO  THE COMMISSION, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN
THE NAME OF THE COMMISSION. IN ALL SUCH  ACTIONS  AND  PROCEEDINGS,  THE
COMMISSION,  UPON  APPLICATION  TO  THE COURT, SHALL BE SUBSTITUTED AS A
PARTY.
  S 126. TRANSFER OF APPROPRIATIONS  HERETOFORE  MADE.  SUBJECT  TO  THE
APPROVAL  OF  THE DIRECTOR OF THE BUDGET, ANY AND ALL APPROPRIATIONS AND
REAPPROPRIATIONS HERETOFORE MADE TO THE FORMER DIVISION OF THE  LOTTERY,
STATE POLICE, AND FORMER RACING AND WAGERING BOARD FOR THE FUNCTIONS AND
PURPOSES  TRANSFERRED BY THIS ARTICLE TO THE COMMISSION TO THE EXTENT OF
REMAINING UNEXPENDED OR UNENCUMBERED BALANCES THEREOF, WHETHER ALLOCATED
OR UNALLOCATED AND WHETHER OBLIGATED OR UNOBLIGATED, ARE  HEREBY  TRANS-
FERRED  TO  AND MADE AVAILABLE FOR USE AND EXPENDITURE BY THE COMMISSION
FOR THE SAME PURPOSES FOR WHICH ORIGINALLY APPROPRIATED  OR  REAPPROPRI-
ATED AND SHALL BE PAYABLE ON VOUCHERS CERTIFIED OR APPROVED BY THE CHAIR
OF  THE  COMMISSION  OR  HIS OR HER DESIGNEE ON AUDIT AND WARRANT OF THE
COMPTROLLER. PAYMENTS FOR LIABILITIES FOR EXPENSES OF PERSONAL SERVICES,

S. 6260--A                         17                         A. 9060--A

MAINTENANCE AND OPERATION HERETOFORE INCURRED  BY  AND  FOR  LIABILITIES
INCURRED  AND  TO  BE  INCURRED  IN COMPLETING THE AFFAIRS OF THE FORMER
DIVISION OF THE LOTTERY  AND  FORMER  RACING  AND  WAGERING  BOARD  WITH
RESPECT  TO  THE  POWERS, DUTIES AND FUNCTIONS TRANSFERRED HEREIN, SHALL
ALSO BE MADE ON VOUCHERS OR CERTIFICATES APPROVED BY THE  CHAIR  OF  THE
COMMISSION  OR  HIS  OR  HER  DESIGNEE ON AUDIT AND WARRANT OF THE COMP-
TROLLER.
  S 127. TRANSFER OF ASSETS AND LIABILITIES. ALL ASSETS AND  LIABILITIES
OF  THE  FORMER  DIVISION  OF THE LOTTERY AND FORMER RACING AND WAGERING
BOARD ARE HEREBY TRANSFERRED TO AND ASSUMED BY THE COMMISSION.
  S 128. PROMULGATION OF  RULES  AND  REGULATIONS.  NOTWITHSTANDING  ANY
INCONSISTENT  PROVISION  OF  THE STATE ADMINISTRATIVE PROCEDURE ACT, THE
COMMISSION SHALL BE AUTHORIZED TO PROMULGATE REGULATIONS ON AN EMERGENCY
BASIS TO ENSURE THE IMPLEMENTATION OF THIS ARTICLE.
  S 129. CONSTRUCTION OF OTHER LAWS OR PROVISIONS.  UNLESS  THE  CONTEXT
SHALL  REQUIRE  OTHERWISE,  THE  TERMS "DIVISION OF THE LOTTERY", "STATE
QUARTER HORSE RACING  COMMISSION",  "STATE  RACING  COMMISSION",  "STATE
HARNESS RACING COMMISSION", "STATE RACING AND WAGERING BOARD" OR "BOARD"
WHEREVER  OCCURRING  IN  ANY OF THE PROVISIONS OF THIS CHAPTER OR OF ANY
OTHER LAW, OR, IN ANY OFFICIAL BOOKS,  RECORDS,  INSTRUMENTS,  RULES  OR
PAPERS,  SHALL  HEREAFTER  MEAN AND REFER TO THE STATE GAMING COMMISSION
CREATED BY SECTION ONE HUNDRED TWO OF THIS ARTICLE.  THE  PROVISIONS  OF
ARTICLE  THREE  OF  THIS CHAPTER SHALL BE INAPPLICABLE TO ARTICLE TWO OF
THIS CHAPTER; AND THE PROVISIONS OF SUCH ARTICLE TWO SHALL BE INAPPLICA-
BLE TO SUCH ARTICLE THREE, EXCEPT THAT SECTION TWO HUNDRED THIRTY-ONE OF
SUCH ARTICLE TWO SHALL APPLY TO SUCH ARTICLE THREE.
  S 2. Subdivision 2 of section 186 of the  general  municipal  law,  as
amended  by  chapter  574  of  the  laws  of 1978, is amended to read as
follows:
  2. "Board" shall mean New  York  state  [racing  and  wagering  board]
GAMING  COMMISSION  CREATED  PURSUANT  TO SECTION ONE HUNDRED TWO OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
  S 3. Subdivision 2 of section 476 of the  general  municipal  law,  as
amended  by  chapter  46  of  the  laws  of  1977, is amended to read as
follows:
  2. "Control commission" or "commission" shall mean the NEW YORK  state
[racing  and  wagering  board]  GAMING  COMMISSION  CREATED  PURSUANT TO
SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW.
  S 4. Subdivision 1 of section 432 of the executive law, as amended  by
chapter 46 of the laws of 1977, is amended to read as follows:
  1.  "Control commission" or "commission" shall mean the NEW YORK state
[racing and  wagering  board]  GAMING  COMMISSION  CREATED  PURSUANT  TO
SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW.
  S  5.  The racing, pari-mutuel wagering and breeding law is amended by
adding a new article 12 to read as follows:
                                ARTICLE 12
               OFFICE OF RACING PROMOTION AND DEVELOPMENT
SECTION 1201. NEW YORK STATE OFFICE OF RACING PROMOTION AND DEVELOPMENT.
        1202. USE OF SERVICE EMPLOYEES.
  S 1201. NEW YORK STATE OFFICE OF  RACING  PROMOTION  AND  DEVELOPMENT.
THERE  IS  HEREBY  CREATED WITHIN THE NEW YORK STATE GAMING COMMISSION A
SEPARATE AND INDEPENDENT OFFICE OF RACING PROMOTION AND DEVELOPMENT. THE
OFFICE SHALL PROMOTE THE BREEDING OF HORSES AND THE  CONDUCT  OF  EQUINE
RESEARCH  IN  THIS  STATE  AND  SHALL ADMINISTER THE "STATE THOROUGHBRED

S. 6260--A                         18                         A. 9060--A

BREEDING AND DEVELOPMENT FUND", "AGRICULTURE AND NEW  YORK  STATE  HORSE
BREEDING  DEVELOPMENT  FUND"  AND "NEW YORK STATE QUARTER HORSE BREEDING
AND DEVELOPMENT FUND CORPORATION."
  S  1202.  USE OF SERVICE EMPLOYEES. THE OFFICE SHALL UTILIZE, PURSUANT
TO A CONTRACT APPROVED BY  THE  DIRECTOR  OF  THE  BUDGET,  THE  SERVICE
EMPLOYEES OF THE STATE GAMING COMMISSION.
  S  6.  Sections  1602 and 1603 of the tax law are REPEALED and two new
sections 1602 and 1603 are added to read as follows:
  S 1602. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "LOTTERY" MEANS THE LOTTERY OPERATED BY THE STATE PURSUANT TO  THIS
ARTICLE.
  2.  "DIVISION":  (A) MEANS THE DIVISION OF THE LOTTERY, AS ESTABLISHED
WITHIN THE NEW YORK STATE GAMING COMMISSION; AND (B) FOR THE PURPOSES OF
SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THIS ARTICLE, THE TERM  "DIVISION
OF  THE LOTTERY" OR "DIVISION" MEANS THE "DIVISION OF GAMING" AS CREATED
PURSUANT TO SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL  WAGERING
AND BREEDING LAW.
  3.  "COMMISSIONER"  MEANS  THE COMMISSIONER OF TAXATION AND FINANCE OR
HIS OR HER DULY APPOINTED DELEGATE.
  4. "COMMISSION" MEANS THE NEW YORK STATE GAMING COMMISSION.
  5. "DIRECTOR" MEANS THE DIRECTOR  OF  THE  DIVISION  OF  THE  LOTTERY,
EXCEPT  FOR  PURPOSES  OF  PARAGRAPH FOUR OF SUBSECTION C OF SECTION ONE
THOUSAND SIX HUNDRED THIRTEEN AND  SECTIONS  ONE  THOUSAND  SIX  HUNDRED
FOURTEEN  AND  ONE THOUSAND SIX HUNDRED FIFTEEN OF THIS CHAPTER THE TERM
"DIRECTOR" SHALL MEAN THE "COMMISSION".
  S 1603. DIVISION OF THE LOTTERY. THERE IS HEREBY  CREATED  WITHIN  THE
COMMISSION THE DIVISION OF THE LOTTERY.
  S  7. Subdivision 3 of section 252 of the racing, pari-mutuel wagering
and breeding law, such section as renumbered by chapter 18 of  the  laws
of 2008, is amended to read as follows:
  3.  The board may delegate to one or more of the directors[,] OR offi-
cers[, agents or employees] of the fund such powers and duties as it may
deem proper and [may] SHALL utilize, pursuant to a contract approved  by
the  director  of  the budget, the service employees of the state racing
and wagering board AND THE STATE OFFICE OF RACING PROMOTION AND DEVELOP-
MENT.
  S 8. Section 330 of the racing, pari-mutuel wagering and breeding law,
the opening paragraph as amended by chapter 197 of the laws of 2007,  is
amended to read as follows:
  S 330. Agriculture and New York state horse breeding development fund.
1.  There is hereby created within the state [racing and wagering board]
GAMING COMMISSION the "agriculture and New  York  state  horse  breeding
development  fund".  Such  fund  shall  be  a body corporate and politic
constituting a public benefit corporation. It shall be  administered  by
the commissioner of agriculture and markets, the [chairman] CHAIR of the
New  York  state [racing and wagering board] GAMING COMMISSION or his or
her designee, and [the chairman and] THREE members of the state [harness
racing] GAMING commission as [reconstituted pursuant to article  one  of
this  chapter]  DESIGNATED  BY THE GOVERNOR.   Members shall continue to
hold office until their successors  are  appointed  and  qualified.  The
[chairman]  CHAIR  shall  be  designated by the members of the fund. The
members of the fund shall receive no  compensation  from  the  fund  for
their  services  as such members but shall be reimbursed by the fund for
the expenses actually and necessarily incurred by them in  the  perform-
ance of their duties under sections two hundred twenty-two through seven
hundred  five  of this chapter. Such fund shall have perpetual existence

S. 6260--A                         19                         A. 9060--A

and shall exercise all powers authorized by this chapter and  reasonably
necessary  for  accomplishing its purposes.   Such powers shall be exer-
cised in the name of the fund.
  2. THE BOARD MAY DELEGATE TO ONE OR MORE OF THE MEMBERS OR OFFICERS OF
THE FUND SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER AND SHALL UTILIZE,
PURSUANT  TO  A  CONTRACT  APPROVED  BY  THE DIRECTOR OF THE BUDGET, THE
SERVICE EMPLOYEES OF THE STATE RACING AND WAGERING BOARD AND  THE  STATE
OFFICE OF RACING PROMOTION AND DEVELOPMENT.
  3.  The  fund  is created in order that it may promote the breeding of
horses and the conduct of equine research  in  this  state  on  its  own
responsibility  and  under its own business management. The policy, good
faith and interest of the state are concerned with  the  management  and
development of the fund and are committed to promotion of horse breeding
and  equine  research in this state in active cooperation with the fund.
The promotion and encouragement of equine research shall  be  through  a
fund  of  a  land  grant  university  within  this  state with a regents
approved veterinary college facility. Nothing herein, however, shall  be
deemed in any way to obligate the state to any bondholder or other cred-
itor of the fund.
  4. The fund is directed to report annually, on or before January thir-
ty-first, to the governor and the legislature, on the state of the stan-
dardbred  breeding  industry  in this state. Such reports shall include,
but not be limited to, the impact of the fund's programs on the breeding
and racing aspects of  the  industry;  economic  factors  affecting  the
industry such as employment and employment growth, state and local bene-
fits  of breeding farms, income and the production of income within this
state, economic comparisons with other  states;  and  data  relative  to
mares  and  stallions standing in this state to include such information
as the number in this state, racing quality  as  measured  by  wins  and
stakes won and placed and money won, the number of foals and foal racing
quality as measured by sales value and number of starts, races and money
won,  the  progeny  quality,  including earnings, and the success of New
York-breds nationally.
  The fund is further directed to incorporate into its reports  comments
from  spokesmen  representing  all  segments  of the industry as well as
recommendations on preserving and enhancing  the  standardbred  breeding
industry in this state.
  S  9. Subdivision 3 of section 431 of the racing, pari-mutuel wagering
and breeding law is amended to read as follows:
  3. The board may delegate to one or more of the directors[,] OR  offi-
cers[, agents or employees] of the fund such powers and duties as it may
deem  proper and [may] SHALL utilize, pursuant to a contract approved by
the director of the budget, the service employees of  the  state  racing
and wagering board AND THE STATE OFFICE OF RACING PROMOTION AND DEVELOP-
MENT.
  S  10.  Subdivision 1 of section 169 of the executive law, as added by
chapter 986 of the laws of 1984, paragraph (a) as amended by section  94
of subpart B of part C of chapter 62 of the laws of 2011, paragraphs (b)
and  (e) as amended by section 14 of part A of chapter 62 of the laws of
2011, paragraph (c) as separately amended by section 66 of  part  A  and
section  2 of part W of chapter 56 of the laws of 2010, paragraph (d) as
amended by chapter 220 of the laws of 2005, and paragraph (f)  as  sepa-
rately amended by section 1 of part E and section 1 of part H of chapter
57 of the laws of 2011, is amended to read as follows:
  1.  Salaries of certain state officers holding the positions indicated
hereinbelow shall be as set forth in subdivision two of this section:

S. 6260--A                         20                         A. 9060--A

  (a) commissioner of corrections and community supervision, commission-
er of education, commissioner of health, commissioner of mental  health,
commissioner of developmental disabilities, commissioner of children and
family  services,  commissioner  of temporary and disability assistance,
chancellor  of  the state university of New York, commissioner of trans-
portation, commissioner of environmental conservation, superintendent of
state police, commissioner of general services and commissioner  of  the
division of homeland security and emergency services;
  (b)  commissioner  of  labor,  chairman  of public service commission,
commissioner  of  taxation  and  finance,  superintendent  of  financial
services,  commissioner of criminal justice services, CHAIR OF THE STATE
GAMING COMMISSION and commissioner of  parks,  recreation  and  historic
preservation;
  (c)  commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services,  adjutant  general,  commissioner  and
president  of  state  civil service commission, commissioner of economic
development, chair of the energy  research  and  development  authority,
president  of  higher  education  services  corporation, commissioner of
motor vehicles, member-chair of board of parole, chair of public employ-
ment relations board, secretary of state, [chair of the state racing and
wagering  board,]  commissioner  of  alcoholism  and   substance   abuse
services, executive director of the housing finance agency, commissioner
of  housing and community renewal, executive director of state insurance
fund, commissioner-chair of state liquor authority, chair of  the  work-
ers' compensation board;
  (d)  director  of  office for the aging, commissioner of human rights,
commissioners of the department of public  service,  chairman  of  state
commission  on  quality  of  care for the mentally disabled, chairman of
commission on alcoholism and substance abuse prevention  and  education,
executive  director  of  the  council  on the arts, MEMBERS OF THE STATE
GAMING COMMISSION and executive director of the board of social welfare;
  (e) chairman of state athletic commission, director of the  office  of
victim  services, chairman of human rights appeal board, chairman of the
industrial board  of  appeals,  chairman  of  the  state  commission  of
correction, members of the board of parole[, members of the state racing
and  wagering  board],  member-chairman of unemployment insurance appeal
board, director of veterans' affairs, and vice-chairman of the  workers'
compensation board;
  (f)  executive  director  of  adirondack park agency, members of state
commission of  correction,  members  of  unemployment  insurance  appeal
board, and members of the workers' compensation board.
  S 11. Terms. (a) Wherever the term "racing and wagering board", "state
racing  commission"  or "state harness racing commission" appears in the
executive law, the general municipal law, article 34 of the tax  law  or
the  racing,  pari-mutuel  wagering and breeding law or otherwise in the
consolidated or unconsolidated laws of this state, such term  is  hereby
changed to "state gaming commission".
  (b)  Wherever  the  term  "chairman  of the racing and wagering board"
appears in the consolidated or unconsolidated laws of this  state,  such
term is hereby changed to "chair of the state gaming commission".
  (c)  The  legislative  bill  drafting commission is hereby directed to
effectuate this provision, and  shall  be  guided  by  a  memorandum  of
instruction  setting forth the specific provisions of law to be amended.
Such memorandum shall be transmitted to the  legislative  bill  drafting
commission  within  sixty  days of the effective date of this provision.
Such memorandum shall be issued jointly by the governor,  the  temporary

S. 6260--A                         21                         A. 9060--A

president of the senate and the speaker of the assembly, or by the dele-
gate of each.
  S 12. Subdivision 1 of section 252 of the racing, pari-mutuel wagering
and breeding law, as amended by chapter 197 of the laws of 2007 and such
section  as  renumbered by chapter 18 of the laws of 2008, is amended to
read as follows:
  1. A corporation to be known as the New York state thoroughbred breed-
ing and development fund corporation is hereby created. Such corporation
shall be a body corporate and  politic  constituting  a  public  benefit
corporation. It shall be administered by a board of directors consisting
of  the [chairman] CHAIR of the state [racing and wagering board] GAMING
COMMISSION or his or her designee, the commissioner of  agriculture  and
markets, [the]  THREE members of the state [racing] GAMING commission as
[defined  in  section  one hundred three of this chapter,] DESIGNATED BY
THE GOVERNOR and six members appointed by the governor, all of whom  are
experienced  or  have been actively engaged in the breeding of thorough-
bred horses in New York state,  one,  the  president  or  the  executive
director of the statewide thoroughbred breeders association representing
the  majority of breeders of registered thoroughbreds in New York state,
one upon the recommendation of the majority leader of  the  senate,  one
upon  the  recommendation  of  the speaker of the assembly, one upon the
recommendation of the minority leader of the senate, and  one  upon  the
recommendation  of  the  minority  leader  of  the  assembly. Two of the
appointed members shall initially serve for a two year term, two of  the
appointed members shall initially serve for a three year term and two of
the  appointed  members shall initially serve for a four year term.  All
successors appointed members shall serve  for  a  four  year  term.  All
members  shall  continue  in  office  until  their  successors have been
appointed and qualified. The governor shall  designate  the  chair  from
among the sitting members who shall serve as such at the pleasure of the
governor.
  S 13. This act shall take effect May 1, 2012.

                                 PART B

  Section  1.  The section heading and subdivision 1 of section 5 of the
civil service law, as added by chapter 790 of  the  laws  of  1958,  are
amended to read as follows:
  Department  of  [civil  service]  WORKFORCE  MANAGEMENT;  state  civil
service commission.
  1. The department. There shall [continue to] be in the  state  govern-
ment  a department of [civil service] WORKFORCE MANAGEMENT.  The head of
the department shall be the president of the state civil service commis-
sion who shall be responsible for the discharge of the duties and  func-
tions of the department.
  S  2.  Section  7  of the civil service law is amended by adding a new
subdivision 7 to read as follows:
  7. THE PRESIDENT OF THE COMMISSION SHALL PROMOTE HARMONIOUS AND  COOP-
ERATIVE RELATIONSHIPS BETWEEN THE STATE AND ITS EMPLOYEES TO PROTECT THE
PUBLIC  BY  ASSURING,  AT ALL TIMES, THE ORDERLY AND UNINTERRUPTED OPER-
ATIONS AND  FUNCTIONS  OF  STATE  GOVERNMENT;  ASSIST  THE  GOVERNOR  IN
CONDUCTING COLLECTIVE NEGOTIATIONS; ASSURE THE PROPER IMPLEMENTATION AND
ADMINISTRATION  OF AGREEMENTS REACHED PURSUANT TO SUCH NEGOTIATIONS; AND
ASSIST THE GOVERNOR AND DIRECT AND COORDINATE THE STATE'S  EFFORTS  WITH
REGARD TO THE STATE'S POWERS AND DUTIES UNDER THE PUBLIC EMPLOYEES' FAIR
EMPLOYMENT ACT.

S. 6260--A                         22                         A. 9060--A

  S  3.  Transfer  of  powers of the department of civil service and the
office of employee relations to the department of workforce  management.
The  functions  and  powers  possessed by and all of the obligations and
duties of the department of civil service, as  established  pursuant  to
chapter  7  of  the consolidated laws, shall be transferred and assigned
to, and assumed by  and  devolved  upon,  the  department  of  workforce
management.  The  functions and powers possessed by and all of the obli-
gations and duties of the office of employee relations,  as  established
pursuant  to  article  24  of the executive law shall be transferred and
assigned to, and assumed by and devolved upon, the department  of  work-
force management.
  S  4.  Transfer  of  employees. (i) All employees of the department of
civil service shall  be  transferred  to  the  department  of  workforce
management.  This transfer of employees shall be deemed to be a transfer
of function pursuant to subdivision 2 of section 70 of the civil service
law. Officers and employees of the state  department  of  civil  service
shall  be  transferred without further examination or qualification, and
shall retain their respective civil service classification,  status  and
bargaining unit representation.
  (ii) All employees in the office of employee relations shall be trans-
ferred  to  the  department  of  workforce  management. This transfer of
employees shall be deemed to be  a  transfer  of  function  pursuant  to
subdivision  2  of  section  70  of  the civil service law. Officers and
employees of the office of employee relations shall be transferred with-
out further examination or qualification, and shall retain their respec-
tive civil service classification, status and bargaining unit  represen-
tation.
  S  5.  Abolition  of the department of civil service and the office of
employee relations.  Upon the transfer pursuant to this act of the func-
tions and powers possessed by and all of the obligations and  duties  of
the department of civil service and the office of employee relations, as
established  pursuant  to  the civil service law, the executive law, and
other laws, the department of civil service and the office  of  employee
relations shall be abolished.
  S  6.  Continuity  of  authority  of  the civil service department and
office of employee relations. Except as herein otherwise provided,  upon
the  transfer pursuant to this act of the functions and powers possessed
by, and all of the obligations and duties of, the civil service  depart-
ment and the office of employee relations as established pursuant to the
civil  service  law, the executive law and other laws, to the department
of workforce management as prescribed by this act, for  the  purpose  of
succession  all functions, powers, duties and obligations of the depart-
ment of workforce management shall be deemed and be held  to  constitute
the  continuation  of such functions, powers, duties and obligations and
not those of a different agency.
  S 7. Transfer of records of  the  civil  service  department  and  the
office  of employee relations. Upon the transfer pursuant to this act of
the functions and powers possessed by and all  of  the  obligations  and
duties  of  the  civil  service  department  and  the office of employee
relations as established pursuant to the civil service law,  the  execu-
tive  law  and  other laws, to the department of workforce management as
prescribed by this act, all books, papers, records and property pertain-
ing to the civil service department and the office of employee relations
shall be transferred to and maintained by the  department  of  workforce
management, as appropriate.

S. 6260--A                         23                         A. 9060--A

  S 8. Completion of unfinished business of the civil service department
and the office of employee relations. Upon the transfer pursuant to this
act  of the functions and powers possessed by and all of the obligations
and duties of the civil service department and the  office  of  employee
relations  as  established pursuant to the civil service law, the execu-
tive law and other laws, to the department of  workforce  management  as
prescribed  by  this  act,  any  business  or other matter undertaken or
commenced by the civil service department and  the  office  of  employee
relations  pertaining  to or connected with the functions, powers, obli-
gations and duties so transferred and  assigned  to  the  department  of
workforce  management may be conducted or completed by the department of
workforce management, as appropriate.
  S 9. Terms occurring in laws,  contracts  or  other  documents  of  or
pertaining  to  the  civil service department and the office of employee
relations. Upon the transfer pursuant to this act of the  functions  and
powers  possessed  by and all of the obligations and duties of the civil
service department and the office of employee relations  as  established
pursuant  to the civil service law, the executive law and other laws, as
prescribed by this act, whenever the civil service  department  and  the
president  thereof  or the office of employee relations and the director
thereof, the functions, powers, obligations  and  duties  of  which  are
transferred  to  the department of workforce management, are referred to
or designated in any law, regulation, contract or document pertaining to
the functions, powers, obligations and duties transferred  and  assigned
pursuant  to  this act, such reference or designation shall be deemed to
refer to the department of workforce management and  its  president.  In
the case of any boards or other organizations where the president of the
civil  service  department  and  the  director of the office of employee
relations both sit, the references or designations shall  be  deemed  to
refer solely to the president of the department of workforce management.
  S 10. (a) Wherever the terms "civil service department" or "department
of civil service" appear in the civil service law, such terms are hereby
changed to "department of workforce management".
  (b)  Wherever  the  term "office of employee relations" appears in the
civil service law, such term is hereby changed to "department  of  work-
force management".
  (c)  Wherever  the  terms  "civil  service department", "department of
civil service", "office of employee relations" or "director of  employee
relations"  appears  in  the consolidated or unconsolidated laws of this
state other than the civil service law, such terms are hereby changed to
"department of workforce management".
  (d) The legislative bill drafting commission  is  hereby  directed  to
effectuate  this  provision,  and  shall  be  guided  by a memorandum of
instruction setting forth the specific provisions of law to be  amended.
Such  memorandum  shall  be transmitted to the legislative bill drafting
commission within sixty days of enactment of this provision.  Such memo-
randum shall be issued jointly by the governor, the temporary  president
of  the  senate  and  the speaker of the assembly, or by the delegate of
each.
  S 11. Existing rights and remedies  of  or  pertaining  to  the  civil
service  department and the office of employee relations preserved. Upon
the transfer pursuant to this act of the functions and powers  possessed
by and all of the obligations and duties of the civil service department
and  of  the office of employee relations as established pursuant to the
civil service law, the executive law and other laws, to  the  department
of  workforce management as prescribed by this act, no existing right or

S. 6260--A                         24                         A. 9060--A

remedy of the state, including the civil service department  and  office
of  employee relations, shall be lost, impaired or affected by reason of
this act.
  S  12.  Pending  actions and proceedings of or pertaining to the civil
service department or the office of employee relations. Upon the  trans-
fer  pursuant  to  this act of the functions and powers possessed by and
all of the obligations and duties of the civil  service  department  and
the  office  of  employee relations as established pursuant to the civil
service law, the executive law and other  laws,  to  the  department  of
workforce  management as prescribed by this act, no action or proceeding
pending on the effective date of this act, brought  by  or  against  the
civil  service  department or the commissioners thereof or the office of
employee relations and the director thereof shall  be  affected  by  any
provision of this act, but the same may be prosecuted or defended in the
name  of  the  New York state department of workforce management. In all
such actions and proceedings, the New York state department of workforce
management, upon application to the court, shall  be  substituted  as  a
party.
  S  13.  Continuation  of rules and regulations of or pertaining to the
civil service department and the office of employee relations. Upon  the
transfer  pursuant  to this act of the functions and powers possessed by
and all the obligations and duties of the civil service  department  and
the  office  of  employee relations as established pursuant to the civil
service law, the executive law and other  laws,  to  the  department  of
workforce  management as prescribed by this act, all rules, regulations,
acts, orders, determinations, decisions, of the civil service department
and the office of employee relations pertaining to the functions  trans-
ferred  and  assigned by this act to the department of workforce manage-
ment in force at the time of such transfer,  assignment,  assumption  or
devolution  shall  continue  in  force and effect as rules, regulations,
acts, determinations  and  decisions  of  the  department  of  workforce
management until duly modified or repealed.
  S  14. Transfer of appropriations heretofore made to the civil service
department and the office  of  employee  relations.  Upon  the  transfer
pursuant to this act of the functions and powers possessed by and all of
the  obligations  and  duties  of  the  civil service department and the
office of employee  relations  as  established  pursuant  to  the  civil
service  law,  the  executive  law  and other laws, to the department of
workforce management as prescribed by this act, all  appropriations  and
reappropriations  which shall have been made available as of the date of
such transfer to the civil service department or the office of  employee
relations  or  segregated  pursuant  to  law, to the extent of remaining
unexpended or unencumbered balances thereof, whether allocated or  unal-
located  and  whether  obligated or unobligated, shall be transferred to
and made available for use and expenditure by the  department  of  work-
force  management.  Payments  of  liabilities  for expenses of personnel
services, maintenance and operation which shall have been incurred as of
the date of such transfer by the civil service department or the  office
of  employee  relations, and for liabilities incurred and to be incurred
in completing its affairs shall also be made.
  S 15. Sections 650, 651, 652, 653 and 654 of  the  executive  law  are
REPEALED.
  S 16. Severability. If any clause, sentence, paragraph or part of this
act  shall  be  adjudged  by  any  court of competent jurisdiction to be
invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,

S. 6260--A                         25                         A. 9060--A

sentence, paragraph or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  S 17. This act shall take effect July 1, 2012; provided, however, that
the  memorandum  provided for in section ten of this act may be prepared
before the effective date of this act, provided that  it  shall  not  be
implemented until such effective date.

                                 PART C

  Section  1.  The legislature finds and determines that Belleayre Moun-
tain ski center, an intensive use area of the forest preserve  lands  in
the  Catskills,  has  required  financial support from the department of
environmental conservation in each of the past five years to cover oper-
ating losses and capital investment.   Community leaders have  raised  a
concern  that,  in  light of the department's broad responsibilities for
managing state-owned land and regulating  air,  water  and  solid  waste
facilities,  the department may not be the best long-term manager of the
Belleayre Mountain ski center.  The olympic regional development author-
ity, established in 1981 to create and administer a post-olympic program
for the Lake Placid facilities and to manage the ski center at Whiteface
Mountain, expanded its responsibility in 1984 to include  the  operation
and management of the Gore Mountain ski center, an intensive use area of
the  forest  preserve lands in the Adirondacks. Through its operation of
these ski centers, the authority has proven that  it  has  expertise  to
manage  such  centers effectively and efficiently for the benefit of the
community and  in  accordance  with  appropriate  management  of  forest
preserve lands. Given this focus, core mission and expertise, the legis-
lature  finds  that the Belleayre Mountain ski center can be more effec-
tively and efficiently operated, maintained and managed by  the  olympic
regional development authority.
  S  2.  Subdivision 1 of section 2608 of the public authorities law, as
amended by chapter 592 of the laws  of  1984,  is  amended  to  read  as
follows:
  1.  For  the  purposes  of effectuating the policy declared in section
twenty-six hundred six of this title, there is hereby created  the  "New
York  state olympic regional development authority", referred to in this
title as "the authority", which shall be a body  corporate  and  politic
constituting  a  public benefit corporation. The authority shall consist
of [ten] ELEVEN members who shall be the commissioner  of  environmental
conservation,  the  commissioner of [commerce] ECONOMIC DEVELOPMENT, the
commissioner of parks, recreation and historic preservation and  [seven]
EIGHT  persons  to  be appointed by the governor, by and with the advice
and consent of the senate. Of the [seven] EIGHT persons appointed by the
governor, by and with the advice and consent of  the  senate,  one  each
shall be appointed upon the recommendation of the temporary president of
the  senate  and  the  speaker  of  the assembly.   Three of the persons
appointed by the governor, by and with the advice  and  consent  of  the
senate,  shall be appointed upon the recommendation of the town board of
the town of North Elba and shall be residents of the park district.  One
of  the  persons  appointed  by the governor, by and with the advice and
consent of the senate, shall be a resident of Warren county. ONE OF  THE
PERSONS APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF
THE SENATE, SHALL BE A RESIDENT OF ULSTER OR DELAWARE COUNTY. The gover-
nor  shall  appoint  a [chairman] CHAIR and a vice [chairman] CHAIR from
among any of the members of the authority and such [chairman] CHAIR  and
vice  [chairman]  CHAIR  shall  serve  at  the pleasure of the governor,

S. 6260--A                         26                         A. 9060--A

provided, however, that the vice [chairman] CHAIR shall be appointed  on
the  recommendation  of  the  town  board  of North Elba. From among any
candidates recommended  by  the  [chairman]  CHAIR,  the  members  shall
appoint a president/chief executive officer of the authority.
  The  members first appointed by the governor shall be appointed within
thirty days of the effective date  of  this  title.  The  members  first
appointed by the governor upon the recommendation of the temporary pres-
ident of the senate and the speaker of the assembly shall serve terms of
three  years  respectively  from  January  first  next  succeeding their
appointment. The remaining four members first appointed by the  governor
shall  serve  terms  of  one, two, four and five years respectively from
January first  next  succeeding  their  appointment.  The  fifth  member
appointed  by  the governor shall serve a term of two years from January
first, next succeeding his or her appointment.  Each  appointment  of  a
member following the expiration of the original terms of the appointment
shall be for a term of five years. Members shall continue to hold office
until  their  successors have been appointed and qualified. In the event
of a vacancy occurring during the term of  a  member's  appointment,  by
reason of death, resignation, disqualification or otherwise, such vacan-
cy  shall  be  filled  for  the unexpired term in the same manner as the
original appointment.
  S 3. Subdivision 4 of section 2614 of the public  authorities  law  is
renumbered  subdivision  5  and  a new subdivision 4 is added to read as
follows:
  4. THE AUTHORITY SHALL OPERATE,  MAINTAIN  AND  MANAGE  THE  BELLEAYRE
MOUNTAIN  SKI  CENTER  LOCATED IN ULSTER AND DELAWARE COUNTIES, STATE OF
NEW YORK. ALL OF THE POWERS OF THE AUTHORITY PROVIDED BY THIS  TITLE  OR
ANY  OTHER  LAW,  INCLUDING  THOSE  PERTAINING  TO PARTICIPATING OLYMPIC
FACILITIES, SHALL APPLY IN CONNECTION WITH THE OPERATION AND  MANAGEMENT
OF THE BELLEAYRE MOUNTAIN SKI CENTER.
  S  4.  Subdivision 2 of section 2616 of the public authorities law, as
amended by chapter 99 of the  laws  of  1984,  is  amended  to  read  as
follows:
  2.  On or before August fifteenth, nineteen hundred eighty-one, and on
each August fifteenth thereafter the [chairman] CHAIR of  the  authority
shall  make  and  deliver to the director of the budget for his approval
and for submission to the legislature a budget for the operation of  the
authority  for  the forthcoming fiscal year of the state. The [chairman]
CHAIR of the authority shall deliver  a  copy  of  such  budget  to  the
[chairman]  CHAIR  of  the  senate  finance committee and the [chairman]
CHAIR of the assembly ways and means committee at the same time that the
budget is delivered to the director of  the  budget.  The  budget  shall
delineate  the total amount needed for authority purposes, including the
funds required by the authority for operation of the olympic  facilities
[and],  the  Gore  Mountain  ski  center  AND THE BELLEAYRE MOUNTAIN SKI
CENTER pursuant to agreements made in accordance with  sections  twenty-
six  hundred  twelve  and twenty-six hundred fourteen of this title, the
source of all funds that the authority expects to receive and such other
information as the director of the budget shall require.   The  director
of the budget shall approve the budget for the operation of the authori-
ty  and  the governor shall recommend in his OR HER annual budget appro-
priations to the authority if the director of the budget determines that
the budget demonstrates that the authority, without operating at a defi-
cit, can continue in the forthcoming fiscal year of the  state,  in  the
exercise  of  its  corporate purposes, powers, duties and functions with
the appropriations from the state  and  park  district  in  the  amounts

S. 6260--A                         27                         A. 9060--A

determined  in  accordance  with  sections twenty-six hundred twelve and
twenty-six hundred fourteen of this title and  income  received  by  the
authority  from  other  sources. The director of the budget shall notify
the  park district, the [chairman] CHAIR of the senate finance committee
and the [chairman] CHAIR of the assembly ways and  means  committee  not
later than October first of each year whether or not he has approved the
budget.
  S 5. Section 2619 of the public authorities law, as amended by chapter
99 of the laws of 1984, is amended to read as follows:
  S  2619.  Capital  repair  and  improvement account. At the end of any
authority fiscal year the members of the  authority  shall  deposit  not
less  than  twenty-five percent of the profits, if any, of the preceding
year's operations into a sinking fund for capital improvements.  At  the
discretion  of the members, the authority may undertake capital improve-
ments and major repairs to the participating olympic  facilities  [and],
to  the  Gore  Mountain  ski  center  AND  TO THE BELLEAYRE MOUNTAIN SKI
CENTER; provided, however, that no such repairs may be undertaken  with-
out  specific  written  approval by the entity which contracted with the
authority for the operation  of  said  facility.  Any  such  repairs  or
improvements  to real property shall upon completion become the property
of and be vested in the owners of said real property. In  the  event  of
termination of the authority, the state and the park district each shall
receive fifty percent of all moneys in the sinking fund. If an agreement
between the authority and the park district or the state shall be termi-
nated, the park district or the state, as the case may be, shall receive
that portion of the moneys in the sinking fund it would have received if
the  authority  were terminated as of the date of the termination of the
agreement.
  S 6. Subdivision 4 of section 2622 of the public authorities  law,  as
added by chapter 169 of the laws of 1994, is amended to read as follows:
  4. Notwithstanding subdivision three of this section, exclusive juris-
diction  is hereby conferred upon the court of claims to hear and deter-
mine any claim of any person brought hereafter against the authority  to
recover  damages for injuries to property or for personal injury arising
out of the operation by  the  authority  of  any  participating  olympic
facility owned by the state [or], OUT of the Gore mountain ski center OR
OUT  OF THE BELLEAYRE MOUNTAIN SKI CENTER, in the same manner and to the
extent provided and subject to the provisions of the court of claims act
with respect to claims against the state, and to make awards and  render
judgments  therefor.  The  payment  of awards and judgments for any such
claims brought in the supreme court pursuant to this  title  or  in  the
court  of claims shall be made from appropriations for judgments against
the state pursuant to section twenty of the court of claims act.
  S 7. Section 2629 of the public authorities law, as amended by chapter
99 of the laws of 1984, is amended to read as follows:
  S 2629. Transfer of officers and employees. 1. Upon execution  of  the
agreements for operation of the olympic facilities and the Gore Mountain
ski center made pursuant to sections two thousand six hundred twelve and
two  thousand six hundred fourteen of this title, those employees of the
state and the park district who are determined by the  authority  to  be
essential  to the operation of the olympic facilities and the Gore Moun-
tain ski center shall, with the approval of the employer and the employ-
ee, be transferred to the employment  of  the  authority  and  shall  be
eligible for such transfer and appointment without examination to compa-
rable  offices, positions and employment under the authority. The salary
or compensation of any such officer or employee shall, after such trans-

S. 6260--A                         28                         A. 9060--A

fer, be paid by the authority.  Notwithstanding the provisions  of  this
act,  any  such  officers  or employees so transferred to the authority,
pursuant to the provisions of this section, who are members of or  bene-
ficiaries under any existing pension or retirement system, shall contin-
ue  to  have all rights, privileges, obligations and status with respect
to such fund system or systems as are prescribed by law, but during  the
period  of  their  employment by the authority, all contributions to any
pension or retirement fund or system to  be  paid  by  the  employer  on
account  of  such officers or employees, shall be paid by the authority;
and all such officers and employees who have been appointed to positions
under the rules and classifications of the state civil  service  commis-
sion  shall  have the same status with respect thereto after transfer to
the authority as they had under their original appointments.
  2. NO LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF  THE  CHAPTER
OF  THE  LAWS OF 2012 ENACTING THIS SUBDIVISION, PROVISION SHALL BE MADE
FOR THE TRANSFER TO THE  OLYMPIC  REGIONAL  DEVELOPMENT  AUTHORITY  SUCH
EMPLOYEES  OF  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION ENGAGED IN
CARRYING OUT SUCH FUNCTIONS WITH RESPECT TO THE  OPERATION,  MAINTENANCE
AND  MANAGEMENT  OF  THE  BELLEAYRE  MOUNTAIN  SKI CENTER AS THE OLYMPIC
REGIONAL DEVELOPMENT AUTHORITY DEEMS NECESSARY FOR THE EXERCISE  OF  THE
FUNCTIONS  TRANSFERRED  TO  THE  OLYMPIC REGIONAL DEVELOPMENT AUTHORITY.
EMPLOYEES SO TRANSFERRED SHALL BE TRANSFERRED WITHOUT  FURTHER  EXAMINA-
TION  OR  QUALIFICATIONS AND SHALL RETAIN THEIR RESPECTIVE CIVIL SERVICE
CLASSIFICATIONS AND STATUS. THE  SALARY  OR  COMPENSATION  OF  ANY  SUCH
EMPLOYEES,  AFTER  SUCH  TRANSFER,  SHALL  BE  PAID  BY  THE  AUTHORITY.
NOTWITHSTANDING THE PROVISIONS OF THIS SECTION,  ANY  SUCH  OFFICERS  OR
EMPLOYEES SO TRANSFERRED TO THE AUTHORITY, PURSUANT TO THE PROVISIONS OF
THIS  SECTION,  WHO  ARE  MEMBERS OF OR BENEFICIARIES UNDER ANY EXISTING
PENSION OR RETIREMENT SYSTEM, SHALL CONTINUE TO HAVE ALL RIGHTS,  PRIVI-
LEGES,  OBLIGATIONS  AND  STATUS  WITH  RESPECT  TO  SUCH FUND SYSTEM OR
SYSTEMS AS ARE PRESCRIBED BY LAW, BUT DURING THE PERIOD OF THEIR EMPLOY-
MENT BY THE AUTHORITY, ALL CONTRIBUTIONS TO ANY  PENSION  OR  RETIREMENT
FUND OR SYSTEM TO BE PAID BY THE EMPLOYER ON ACCOUNT OF SUCH OFFICERS OR
EMPLOYEES, SHALL BE PAID BY THE AUTHORITY.  FOR THE PURPOSE OF DETERMIN-
ING  THE  EMPLOYEES  HOLDING PERMANENT APPOINTMENTS IN COMPETITIVE CLASS
POSITIONS TO BE TRANSFERRED, SUCH EMPLOYEES  SHALL  BE  SELECTED  WITHIN
EACH  TITLE  IN THE ORDER OF THEIR ORIGINAL APPOINTMENT, WITH DUE REGARD
FOR THE RIGHT OF PREFERENCE IN RETENTION OF  DISABLED  AND  NON-DISABLED
VETERANS.  ANY  SUCH  EMPLOYEE WHO, AT THE TIME OF SUCH TRANSFER, HAS AN
HOURLY,  TEMPORARY  OR  PROVISIONAL  APPOINTMENT  SHALL  BE  TRANSFERRED
SUBJECT  TO  THE  SAME  RIGHT  OF REMOVAL, EXAMINATION OR TERMINATION AS
THOUGH SUCH TRANSFER HAS NOT BEEN MADE.    EMPLOYEES  HOLDING  PERMANENT
APPOINTMENTS  IN  COMPETITIVE  CLASS  POSITIONS  WHO ARE NOT TRANSFERRED
PURSUANT TO THIS SECTION SHALL HAVE THEIR NAMES ENTERED UPON  AN  APPRO-
PRIATE  PREFERRED  LIST  FOR REINSTATEMENT PURSUANT TO THE CIVIL SERVICE
LAW.
  S 8. Transfer of appropriations. Upon the execution of an agreement as
set  forth  in  section  three  of  this  act  and  notwithstanding  any
provisions  of the state finance law to the contrary, all appropriations
or reappropriations for the functions transferred pursuant to  this  act
heretofore  made  to  the  department  of  environmental conservation or
segregated pursuant to law, to the extent that  unexpended  or  unencum-
bered  balances  remain,  whether  allocated  or unallocated and whether
obligated or unobligated, are hereby transferred to and  made  available
for  use  and expenditure by the olympic regional development authority,
for the same purposes for which originally appropriated  or  reappropri-

S. 6260--A                         29                         A. 9060--A

ated and shall be payable on vouchers certified or approved by the chair
of  the  olympic  regional development authority on audit and warrant of
the comptroller. Payments  for  liabilities  for  expenses  of  personal
service, maintenance and operation heretofore incurred by the department
of  environmental  conservation  in connection with the functions trans-
ferred pursuant to this act, and for  liabilities  incurred  and  to  be
incurred  in completing its affairs in relation to such functions, shall
also be made on vouchers or certificates approved by the commissioner of
the department of environmental conservation on audit or warrant of  the
comptroller.
  S 9. This act shall take effect immediately.

                                 PART D

  Section  1.  Section  285-a  of  the  agriculture  and  markets law is
REPEALED.
  S 2. Subdivision 12 of section 283 of the agriculture and markets  law
is  REPEALED  and  subdivisions 13 and 14 are renumbered subdivisions 12
and 13.
  S 3. Section 7 of chapter 654 of the laws of 1994, amending the trans-
portation law and other laws  relating  to  equipment  requirements  for
registered farm vehicles, is REPEALED.
  S 4. Section 285-b of the agriculture and markets law is REPEALED.
  S 5. Article 4 of the state technology law is REPEALED.
  S 6. Section 372-a of the social services law is REPEALED.
  S  7.  Subdivision  1  of  section 2803-r of the public health law, as
added by chapter 439 of the laws of 2005, is amended to read as follows:
  1. All hospitals and clinics shall  notify  their  prenatal  care  and
obstetric  patients of the provisions of the abandoned infant protection
act[, using materials provided by the  office  of  children  and  family
services,  pursuant to section three hundred seventy-two-a of the social
services law]. The department shall develop  agreements  with  societies
and organizations of medical practitioners under which the department or
the  office  of  children and family services shall provide materials to
such societies to provide appropriate education and outreach  concerning
the  abandoned  infant  protection  act to their members and the public.
Criminal penalties for violation pursuant to subdivisions one and two of
section twelve-b of this chapter shall not apply to this section.
  S 8. Sections 520 and 521 of the executive law are REPEALED.
  S 9. Article 28 of the executive law is REPEALED.
  S 10. Paragraph (p) of subdivision 1 of section 17 of the public offi-
cers law is REPEALED.
  S 11. Section 92-y of the state finance law is REPEALED.
  S 12. Paragraph (b) of subdivision 1 of section 88-a  of  the  highway
law,  as  amended  by  section 4 of part Z of chapter 383 of the laws of
2001, is amended to read as follows:
  (b) the chairperson, or his or her designated representative,  of  the
New  York state thruway authority, the adirondack park agency[,] AND the
tourism advisory council[, the upstate New York tourism council and  the
downstate New York tourism council];
  S  13.  Subdivision 3 of section 349-bb of the highway law, as amended
by section 5 of part Z of chapter 383 of the laws of 2001, is amended to
read as follows:
  3. The commissioner is hereby authorized to enter into contracts  with
qualified,  responsible  not-for-profit organizations involved in scenic
byways activities  [and  the  upstate  New  York  tourism  council]  for

S. 6260--A                         30                         A. 9060--A

services relating to the development of the New York state scenic byways
program  or services relating to the operation, development or promotion
of a specific scenic byway.
  S  14.  Subdivision 1 of section 349-cc of the highway law, as amended
by chapter 399 of the laws of 2005, is amended to read as follows:
  1. An advisory board of state agencies with  responsibilities  related
to  the  designation  and management of scenic byways and not-for-profit
organizations related to the promotion and development of scenic  byways
is hereby formed to advise and assist the department in the operation of
its  scenic  byways  program.  The  advisory  board shall consist of one
member appointed by the temporary president of the  senate,  one  member
appointed  by  the  speaker of the assembly, the secretary of state, and
the commissioners of the department  of  agriculture  and  markets,  the
department  of economic development, and the department of environmental
conservation, and the office of parks, recreation and historic preserva-
tion or their duly designated representatives.  The  commissioner  shall
appoint as members of the advisory board the chief executive officer, or
his  or  her duly authorized representative, of not-for-profit organiza-
tions related to the promotion and development of a scenic byway  desig-
nated pursuant to this article[,] AND three representatives of organiza-
tions  concerned with the preservation of scenic qualities, the motoring
public and tourism development [and members or  representatives  of  the
upstate  New  York tourism council and of the downstate New York tourism
council]. The commissioner, or his  or  her  duly  designated  represen-
tative,  shall  serve  as  chair.  Members  of  the advisory board shall
receive no pay, but shall be eligible to receive  actual  and  necessary
expenses  from  their respective agencies, or for the expenses of repre-
sentatives of organizations related to the promotion and development  of
a  scenic  byway,  the  preservation  of  scenic qualities, the motoring
public and tourism development, from the department. The advisory  board
shall  consult  with  the Adirondack Park Agency regarding scenic byways
within the Adirondack Park. The advisory board shall also  consult  with
the  Hudson  River  Valley  Communities  Council regarding scenic byways
within the Hudson River Valley Greenway as defined in article forty-four
of the environmental conservation law. The advisory board shall  consult
with the Niagara River Greenway Commission regarding scenic byways with-
in  the  Niagara River Greenway as defined in article thirty-nine of the
parks, recreation and historic preservation  law.  [The  advisory  board
shall consult with the upstate New York tourism council regarding scenic
byways  in  the upstate New York region, and with the downstate New York
tourism council regarding  scenic  byways  in  the  downstate  New  York
region.]
  S  15.  Paragraph a of subdivision 1 of section 233-b of the education
law, as amended by section 3 of part Z of chapter 383  of  the  laws  of
2001, is amended to read as follows:
  a.  There  is  hereby  established  within the department the New York
state freedom trail commission. The commission shall consist  of  twelve
members,  to  be  appointed as follows: three members to be appointed by
the governor, three members to be appointed by the board of regents, two
members to be appointed by the temporary president of  the  senate,  one
member to be appointed by the minority leader of the senate, two members
to  be  appointed  by  the speaker of the assembly, and one member to be
appointed by the minority leader of the assembly. Such members shall  be
representative  of  academic or public historians, corporations, founda-
tions, historical societies, civic organizations, and religious  denomi-
nations.  In addition, the following state officers, or their designees,

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shall serve as members of the commission: the commissioner of education,
the head of the state museum, the head of the state archives,  the  head
of  the  office  of state history, the commissioner of economic develop-
ment,  the  head of the state tourism advisory council[, the chairperson
of the upstate New York tourism council, the chairperson  of  the  down-
state  New  York tourism council,] and the commissioner of parks, recre-
ation and historic preservation.
  S 16. Section 120 of the economic development law is REPEALED.
  S 17.  Section  27-0702  of  the  environmental  conservation  law  is
REPEALED.
  S 18. The opening paragraph of subdivision 2 of section 27-0103 of the
environmental  conservation law, as amended by chapter 55 of the laws of
1992, is amended to read as follows:
  The commissioner shall[, with the advice  of  the  state  solid  waste
management  board  established pursuant to section 27-0702 of this arti-
cle,] biennially review the status of programs and information contained
within the plan and make recommendations for legislation or other  state
action related to:
  S 19. Paragraph g of subdivision 3 of section 165 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  g. In addition to carrying out the provisions of paragraphs e and f of
this subdivision, the commissioner shall identify and implement specific
steps which will reduce, to the maximum extent practicable, waste gener-
ated  in state facilities and maximize the recovery and reuse of second-
ary materials from such facilities. Such steps and their  implementation
shall be reviewed from time to time but no less frequently than annually
or  upon  receiving recommendations for additional steps from [the solid
waste management board,] the department of environmental conservation or
the environmental facilities corporation.
  S 20. Subdivision 3 and the closing paragraph of section 1285-d of the
public authorities law, subdivision 3 as amended by chapter 283  of  the
laws  of  1979  and the closing paragraph as added by chapter 639 of the
laws of 1978, are amended to read as follows:
  3. [To advise the corporation on technical matters, a technical  advi-
sory  committee shall be constituted to be composed of the commissioners
of transportation, commerce, health and environmental conservation,  the
secretary  of  state, and five persons representative of affected indus-
tries to be appointed by the governor with the advice and consent of the
senate. Upon  dissolution  of  the  hazardous  waste  disposal  advisory
committee pursuant to subdivision three of section twelve hundred eight-
y-five-f  of  this  article, two members of that committee designated by
the governor shall become members of the committee established  by  this
subdivision which committee shall be expanded by two members.]
  In  [excercising]  EXERCISING  its  responsibilities,  the corporation
shall also cooperate and act in conjunction with industrial, commercial,
medical, scientific, public interest and educational organizations with-
in the state, and with agencies of the federal government, of the  state
and  its  political  subdivisions,  of  other states, and joint agencies
thereof.
  S 21.  Paragraph (c) of subdivision 3 of section 1285-f of the  public
authorities law is REPEALED.
  S 22. Section 216-b of the vehicle and traffic law is REPEALED.
  S 23. Section 191 of the executive law is REPEALED.
  S  24.  Subdivision  9  of  section  3.23 of the parks, recreation and
historic preservation law is REPEALED.

S. 6260--A                         32                         A. 9060--A

  S 25. Section 89-mmm of the general business law is REPEALED.
  S  26.  Subdivision 2 of section 100 of the executive law, as added by
chapter 557 of the laws of 1997, is amended to read as follows:
  2. The secretary of state shall maintain  all  records  collected  for
applicants  pursuant  to  the armored car guard act for a period of five
years after the applicant's termination as an armored car guard, retire-
ment, resignation, death, failure to be rehired, or non-renewal  of  the
applicant's registration card. Every armored car carrier shall file with
the  secretary,  on  a  monthly basis, a report, stating all armored car
guards in their employ who have retired,  resigned,  died,  been  termi-
nated,  have [hot] NOT been rehired, or have otherwise been removed from
active duty, in such form and on such media as approved for such purpose
by the secretary[, upon recommendation of the armored car carrier  advi-
sory  board  established  pursuant  to the provisions of section eighty-
nine-mmm of the general business law].
  S 27. Subdivision 5 of section 89-bbb of the general business  law  is
REPEALED.
  S  28. Section 89-lll of the general business law, as added by chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-lll.  Regulations.  The  secretary[,  in  consultation  with  the
board,] is hereby authorized and empowered to promulgate rules and regu-
lations  necessary  for  the  proper  conduct of the business authorized
under this article, and not inconsistent herewith.
  S 29. Subdivision 5 of section 89-ppp of the general business  law  is
REPEALED.
  S 30. Section 923 of the executive law is REPEALED.
  S  31.  Subdivision  14 of section 601 and sections 611 and 612 of the
executive law are REPEALED.
  S 32. Subdivision 12 of section 604 of the executive law, as added  by
chapter 729 of the laws of 2005, is amended to read as follows:
  12. To create and maintain a consumer awareness pamphlet, [in conjunc-
tion  with  the  advisory  council,]  to include, but not be limited to,
detailing the certification process,  installer  selection  rights,  the
dispute  resolution  process, the differences between the types of hous-
ing, and other consumer protection issues. Such pamphlet shall be avail-
able to the public, and published on the department's website.
  S 33. Section 433-a of the general business law is REPEALED.
  S 34. The section heading of section 35 of the social services law, as
amended by chapter 300 of the laws  of  1992,  is  amended  to  read  as
follows:
  Legal  representation of individuals whose federal disability benefits
have been denied or may be discontinued[; advisory committee].
  S 35. Subdivision 1 of section 35  of  the  social  services  law,  as
amended  by  chapter  300  of  the  laws  of 1992, is amended to read as
follows:
  1. [a. There is hereby established within the department  an  advisory
committee on legal advocacy (hereinafter to be referred to as the "advi-
sory committee") which shall consist of nine members or their designated
representatives.  The  advisory committee shall consist of the following
nine members: the commissioner of mental  health,  the  commissioner  of
mental  retardation and developmental disabilities, the advocate for the
disabled and six members appointed by  the  governor.  The  six  members
appointed  by the governor shall include three representatives of inter-
ested public and private groups, and shall include three representatives
of county government and the city of New York to  be  appointed  from  a
list  of  six names submitted by the New York state association of coun-

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ties. The commissioner shall coordinate the functions and activities  of
the department with those of the advisory committee.
  b.]  The [advisory committee] COMMISSIONER shall [make recommendations
regarding] ESTABLISH  criteria  for  selection  of  grant  applications,
review  applications awarded pursuant to the provisions of this section,
[make recommendations thereon to  the  commissioner]  and  exercise  and
perform  such  other [advisory] functions as are related to the purposes
of this section[; provided however that  the  committee  shall  meet  at
least once every six months].
  S  36.  Subdivisions 2 and 4 of section 35 of the social services law,
subdivision 2 as amended and subdivision 4 as added by  chapter  300  of
the laws of 1992, are amended to read as follows:
  2. The commissioner[, after consultation with the advisory committee,]
shall  make grants, within the amounts appropriated for that purpose, to
not-for-profit legal services corporations and  not-for-profit  agencies
serving the disabled and local social services districts, to provide for
representation  of  persons  whose federal disability benefits including
supplemental security income and social  security  disability  insurance
have  been denied or may be discontinued for the purpose of representing
these persons in appropriate  proceedings.  When  the  commissioner  has
contracted  with a local social services district to provide such repre-
sentation, the legislative body of such district may authorize and  make
provision  for  the  commissioner  of social services of the district to
obtain necessary legal services on a fee for  services  basis  or  other
appropriate  basis which the department may approve. Such legal services
may be provided by not-for-profit legal services corporations,  not-for-
profit agencies serving the disabled or private attorneys.
  4.  Responsibility  for  local financial participation shall be deter-
mined by the commissioner based on either costs of  and  the  number  of
district  residents  served by each local entity or the alternative cost
allocation procedure deemed appropriate by the commissioner [in  consul-
tation with the advisory committee].
  S  37.  Subdivisions  8  and 9 of section 350 of the executive law are
REPEALED.
  S 38. Subdivision 16 of section 353 of the executive law is REPEALED.
  S 39. Sections 365, 365-a, 365-b, 365-c, 365-d, 365-e, 365-f and 365-g
of the executive law are REPEALED.
  S 40. Section 154 of the labor law is REPEALED.
  S 41. Title 11 of article 24 of the environmental conservation law  is
REPEALED.
  S  42. Subdivision 1 of section 24-0301 of the environmental conserva-
tion law, as amended by chapter 654 of the laws of 1977, is  amended  to
read as follows:
  1.  The commissioner shall, as soon as practicable, conduct a study to
identify and map those individual freshwater wetlands in  the  state  of
New  York  which  shall  have an area of at least twelve and four-tenths
acres or more, or if less than twelve and four-tenths acres,  (a)  have,
in  the  discretion  of  the commissioner[, and subject to review of his
action by the board created pursuant to title eleven of  this  article,]
unusual  local  importance  for one or more of the specific benefits set
forth in subdivision seven of section 24-0105 OF THIS ARTICLE or (b) are
located within the Adirondack park and meet the definition  of  wetlands
contained  in  subdivision  sixty-eight of section eight hundred two [of
article twenty-seven] of the executive law, and  shall  determine  their
characteristics. This study shall, in addition to such other data as the
commissioner  may  determine  to  be included, consist of the freshwater

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wetlands inventory of  the  department  of  environmental  conservation,
currently  being  made, together with other available data on freshwater
wetlands, whether assisted by the state of  New  York  under  the  tidal
wetlands act or otherwise, or assembled by federal or local governmental
or  private  agencies,  all  of which information shall be assembled and
integrated, as applicable, into a map  of  freshwater  wetlands  of  the
state  of New York. Such study may, in the discretion of the commission-
er, be carried out on a sectional or regional  basis,  as  indicated  by
need, subject to overall completion in an expeditious fashion subject to
the  terms  of this chapter. This map, and any orders issued pursuant to
the provisions of this article, shall comprise a part of  the  statewide
environmental plan as provided for in section 3-0303 of this chapter. As
soon  as  practicable  the commissioner shall file with the secretary of
state a detailed description of the technical methods  and  requirements
to  be  utilized  in  compiling  the  inventory, and he shall afford the
public an opportunity to submit comments thereon.
  S 43. Subdivision 5 of section 24-0703 of the environmental  conserva-
tion  law,  as amended by chapter 233 of the laws of 1979, is amended to
read as follows:
  5. Prior to the promulgation of the final freshwater wetlands map in a
particular  area  and  the  implementation  of  a  freshwater   wetlands
protection  law  or  ordinance,  no person shall conduct, or cause to be
conducted, any activity for which a permit  is  required  under  section
24-0701  of this [article] TITLE on any freshwater wetland unless he has
obtained a permit from the commissioner under this section.  Any  person
may  inquire  of  the  department as to whether or not a given parcel of
land will be designated a freshwater wetland subject to regulation.  The
department shall give a definite answer in writing within thirty days of
such  request  as  to  whether such parcel will or will not be so desig-
nated. Provided that, in the event that  weather  or  ground  conditions
prevent  the  department from making a determination within thirty days,
it may extend such period until a determination can be made. Such answer
in the affirmative shall be reviewable [pursuant to title eleven of this
article]; such an answer in the negative shall be a complete defense  to
the  enforcement  of this article as to such parcel of land. The commis-
sioner may by regulation adopted after public hearing exempt  categories
or classes of wetlands or individual wetlands which he determines not to
be  critical  to  the  furtherance  of the policies and purposes of this
article.
  S 44.  Subdivision 6 of section 24-0705 of the environmental conserva-
tion law, as amended by chapter 654 of the laws of 1977, is  amended  to
read as follows:
  6.  Review  of  the  determination  of  the local government or of the
commissioner shall be, within a period of thirty days after  the  filing
thereof, pursuant to the provisions of [title eleven of this article or]
article  seventy-eight of the civil practice law and rules. Any owner of
the wetland affected and any resident or citizen of the local government
shall be deemed to have the requisite standing to seek review.
  S 45. Subdivision 2 of section 24-0801 of the environmental  conserva-
tion  law,  as  added  by chapter 654 of the laws of 1977, is amended to
read as follows:
  2. Where the activities otherwise subject  to  regulation  under  this
article involve freshwater wetlands located within the boundaries of the
Adirondack park, the inquiries referred to and the applications provided
for  in  section 24-0703 of this article shall be made to and filed with
the Adirondack park agency at its headquarters office, under such  regu-

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lations and procedures as the Adirondack park agency may promulgate. The
Adirondack  park  agency  shall  review  the application in place of the
commissioner or local government as provided in section 24-0705 of  this
article,  having  due regard for the declaration of policy and statement
of findings set forth in this article and  for  the  considerations  set
forth  in subdivision one of section 24-0705 of this article. The agency
shall in addition determine prior to the granting of any permit that the
proposed activity will be consistent with the Adirondack park  land  use
and development plan and would not have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic, recreational
or  open  space  resources of the park, taking into account the economic
and social or other benefits to be derived from the activity. Any person
may seek review of a ruling made solely pursuant to  the  provisions  of
this article by the Adirondack park agency pursuant to the provisions of
[title  eleven  of  this  article or] article seventy-eight of the civil
practice law and rules.
  S 46. Subdivision 7 of section 24-0903 of the environmental  conserva-
tion  law,  as  added  by chapter 614 of the laws of 1975, is amended to
read as follows:
  7. Any person aggrieved by any  such  order  or  regulation  may  seek
[review  pursuant  to the provisions of title eleven of this article or]
judicial review pursuant to article seventy-eight of the civil  practice
law  and rules in the supreme court for the county in which the freshwa-
ter wetland is located, within thirty days after the date of the  filing
of  the  order  with  the  clerk  of  the county in which the wetland is
located.
  S 47. Section  24-0507  of  the  environmental  conservation  law,  as
amended  by  chapter  654  of  the  laws  of 1977, is amended to read as
follows:
S 24-0507. Reservation of local jurisdiction.
  Except as provided in this article, jurisdiction over all areas  which
would qualify as freshwater wetlands except that they are not designated
as  such  on  the freshwater wetlands map pursuant to section 24-0301 of
this article because they are less than twelve and four-tenths acres  in
size  and  are  not of unusual local importance is reserved to the city,
town or village in which they are wholly or partially located,  and  the
implementation  of this article with respect thereto is the responsibil-
ity of said city, town or village, in accordance  with  section  24-0501
and  title  twenty-three  of article seventy-one of this chapter, except
that a city, town or village in the exercise of its  powers  under  this
section,  shall  not be subject to the provisions of subdivision four of
section 24-0501, subdivisions two  and  three  of  section  24-0503,  or
section 24-0505[, but shall be subject to judicial review under subdivi-
sion two of section 24-1105] of this article.
  S  48.  Subdivision 3 of section 1-0303 of the environmental conserva-
tion law is REPEALED.
  S 49. Paragraph a of subdivision 2 of section 3-0301 of  the  environ-
mental  conservation law, as amended by chapter 469 of the laws of 1974,
is amended to read as follows:
  a. [With the advice and approval of the board, adopt] ADOPT, amend  or
repeal environmental standards, criteria and those rules and regulations
having  the  force and effect of standards and criteria to carry out the
purposes and provisions of this act. [Upon approval by the board of any]
ANY such environmental standard, criterion, rule or regulation or change
thereto[, it] shall become effective thirty days after being filed  with
the  Secretary  of State for publication in the "Official Compilation of

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Codes, Rules, and Regulations of the State of New York" published pursu-
ant to section 102 of the Executive Law. This provision shall not in any
way restrict the commissioner in the exercise of any function, power  or
duty transferred to him OR HER and heretofore authorized to be exercised
by  any  other department acting through its commissioner to promulgate,
adopt, amend or repeal any standards, rules and regulations.    No  such
environmental standards, criterion, rule or regulation or change thereto
shall  be  proposed for approval unless a public hearing relating to the
subject of such standard shall be held by the commissioner prior thereto
not less than 30 days after date of notice therefor,  any  provision  of
law  to  the  contrary  notwithstanding. Notice shall be given by public
advertisement of the date, time, place  and  purpose  of  such  hearing.
[Members  of  the board shall be entitled to participate in such hearing
and opportunity to be heard by the  commissioner  with  respect  to  the
subject thereof shall be given to the public.]
  S 50. Article 5 of the environmental conservation law is REPEALED.
  S  51. Section 17-1411 of the environmental conservation law, as added
by chapter 436 of the laws of 1989, is amended to read as follows:
S 17-1411. Regulations.
  [1.] The commissioner may promulgate regulations necessary to effectu-
ate the purposes of section 17-1409 of this  title  including,  but  not
limited  to, regulations setting forth criteria for submission and proc-
essing of grant applications, components of  best  management  practices
and state standards necessary to control nonpoint source pollution.
  [2.  Regulations  promulgated  pursuant  to  subdivision  one  of this
section shall not require the approval of the state environmental  board
pursuant to paragraph a of subdivision two of section 3-0301 or subdivi-
sion two of section 5-0107 of this chapter.]
  S  52. Subdivision 4 of section 19-0303 of the environmental conserva-
tion law, as added by chapter 608 of the laws of  1993,  is  amended  to
read as follows:
  4.  In adopting any code, rule or regulation which contains a require-
ment that is more stringent than the Act or regulations issued  pursuant
to  the  Act  by  the United States environmental protection agency, the
commissioner shall, in addition to the provisions of section two hundred
two-a of the state administrative procedure act, include in the  regula-
tory impact statement:
  (a)  a  detailed  explanation  of  the  reason or reasons that justify
exceeding federal minimum requirements, including:
  (i) satisfying any requirement of the Act as it relates  to  New  York
state, including any requirement for demonstrating attainment or mainte-
nance  of  ambient  air  quality standards or meeting reasonable further
progress pursuant to Title I of the Act;
  (ii) preventing an assessment or imposition of sanctions, or the impo-
sition of a federal implementation plan, pursuant to the Act;
  (iii) complying with a final decree of a court; or
  (iv) protecting public health or the environment;
  (b) an evaluation of the cost-effectiveness of the proposed code, rule
or regulation, in comparison with the cost-effectiveness  of  reasonably
available alternatives; and
  (c)  a review of the reasonably available alternative measures consid-
ered by the commissioner and an explanation of the reasons for rejecting
such alternatives.
  [Any code, rule or regulation to which this subdivision is  applicable
shall  be subject to the approval of the environmental board pursuant to
subdivision 2 of section 5-0107 of this chapter.]

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  S 53.  Section  19-0917  of  the  environmental  conservation  law  is
REPEALED.
  S  54. Subdivision 3 of section 27-0903 of the environmental conserva-
tion law, as amended by chapter 831 of the laws of 1990, is  amended  to
read as follows:
  3.  The  regulations setting forth the criteria for identification and
listing, and the list of, hazardous wastes subject to this title may  be
amended by the commissioner from time to time as appropriate, based upon
hazardous  waste  conditions  of  particular relevance to the state. The
commissioner may promulgate the appropriately amended  regulations  only
[after  approval  of the state environmental board based] upon a showing
of the circumstances constituting  the  hazardous  waste  conditions  of
particular relevance to this state, and then in a manner consistent with
the state administrative procedure act.
  S  55. Subdivision 1 of section 27-1315 of the environmental conserva-
tion law, as amended by section 7 of part E of chapter 1 of the laws  of
2003, is amended to read as follows:
  1. The commissioner shall have the power to promulgate rules and regu-
lations  necessary  and  appropriate  to  carry out the purposes of this
title. Any [such] regulations shall include provisions  which  establish
the  procedures  for  a  hearing pursuant to subdivision four of section
27-1313 of this title[. Any such provisions] AND shall ensure a division
of functions between the commissioner, the staff who present  the  case,
and  any hearing officers appointed. In addition, any [such] regulations
shall set forth findings to be based on a factual record, which must  be
made before the commissioner determines that a significant threat to the
environment  exists. [Rules and regulations promulgated pursuant to this
title shall be subject to the approval of a board, which shall be  known
as  the  inactive hazardous waste disposal site regulation review board,
which shall have the same members, rules, and procedures  as  the  state
environmental board.]
  S  56. Subdivision 1 of section 27-1504 of the environmental conserva-
tion law, as added by chapter 180 of the laws of  1989,  is  amended  to
read as follows:
  1. The commissioner shall promulgate new regulations or amend existing
regulations  establishing  a  program  for the tracking of the regulated
medical waste which is generated in this state. Such  regulations  shall
not  be  subject  to the requirements of subdivision 2 of section 3-0301
[or subdivision 2 of section 5-0107] of this chapter.
  S 57. Subdivision 4 of section 29-0103 of the environmental  conserva-
tion law is REPEALED.
  S  58. Subdivision 4 of section 70-0117 of the environmental conserva-
tion law, as added by chapter 723 of the laws of  1977,  is  amended  to
read as follows:
  4.  In  conjunction  with  one  or  more applications for permits, the
department may, on request of an applicant undertake a conceptual review
of a proposed project evaluating the general approvability or nonapprov-
ability of a proposed project, including all proposed phases or segments
thereof, subject to the development  and  submission  of  more  detailed
plans  and  information  and such additional applications for permits in
the future as may be necessary. The department shall, in rules and regu-
lations [approved by the state environmental board], establish  criteria
and  guidelines  for  the  conceptual  review  of proposed projects. The
department shall establish, in rules and regulations adopted pursuant to
section 70-0107 of this chapter,  procedures  governing  the  conceptual
review of proposed projects.

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  S  59. Sections 9-0705, 9-0707, 9-0709 and 9-0711 of the environmental
conservation law are REPEALED.
  S 60. Section 9-0713 of the environmental conservation law, as amended
by chapter 386 of the laws of 1980, is amended to read as follows:
S 9-0713. State assistance.
  [Upon  the  establishment of regional forest practice boards, and upon
the adoption and promulgation of] THE COMMISSIONER  SHALL  ADOPT  forest
practice  standards[,  the regional forest practice boards]. THE DEPART-
MENT shall notify [all the] owners of forest  land  [in  their  regions]
that  the  commissioner  is  prepared  to  assist  cooperating owners in
connection with the application of [approved] forest practice standards.
The commissioner shall provide to cooperating forest and  farm  woodland
owners  technical  services  in  connection  with  all  phases of forest
management including but not limited to,  plantation  establishment  and
care,  the  marking  of  timber,  marketing assistance and silvicultural
treatment of immature stands.
  S 61. Subdivision 1 of section 444-b  of  the  real  property  law  is
REPEALED and subdivisions 2, 3, 4, 5, 6, 7 and 8 are renumbered subdivi-
sions 1, 2, 3, 4, 5, 6 and 7.
  S  62.  Subdivision  4  of  section 444-b of the real property law, as
amended by chapter 225 of the laws of 2005 and as renumbered by  section
sixty-one of this act, is amended to read as follows:
  4.  "Home  inspection"  means  the  process  by which a home inspector
observes and provides a written report of the systems and components  of
a  residential  building  including  but  not limited to heating system,
cooling system, plumbing system, electrical  system,  structural  compo-
nents, foundation, roof, masonry structure, exterior and interior compo-
nents or any other related residential building component as recommended
[by  the  home  inspection  council  and implemented] OR REQUIRED by the
department through regulation to provide a client with objective  infor-
mation about the condition of the residential building. The home inspec-
tor  shall  clearly  identify  in  the  written report which systems and
components of the residential building were observed. A home  inspection
shall not include an inspection for radon or pests.
  S  63. Section 444-c of the real property law, as added by chapter 461
of the laws of 2004, subdivisions 1, 2 and 3 as amended by  chapter  225
of the laws of 2005, is amended to read as follows:
  S  444-c. [State home inspection council] CODE OF ETHICS AND STANDARDS
OF PRACTICE. 1. [There is hereby established  a  state  home  inspection
council  within  the department. The council shall consist of the secre-
tary or the secretary's designee and  six  additional  members  who  are
residents  of  the  state,  of  whom three shall be persons licensed and
actively engaged in the business of home inspection in the state of  New
York for at least five years immediately preceding their appointment and
three  of whom shall be consumers who are the owners and principal resi-
dents of a residential building in the state of New York.   Appointments
shall reflect the geographical diversity of the state.
  2.  For a period of one year after the effective date of this section,
and notwithstanding any other provisions of this section to the  contra-
ry,  the first three home inspectors appointed as members of the commit-
tee shall not be required, at the time of their first appointment, to be
licensed to practice home inspection,  provided  that  such  members  be
licensed pursuant to this article within one year of appointment.
  3. The governor shall appoint each member of the council for a term of
three  years except that of the members first appointed, two shall serve
for terms of three years, two shall serve for terms of two years and two

S. 6260--A                         39                         A. 9060--A

shall serve for a term of one year. The governor shall appoint one  home
inspector  and  one  consumer  solely in his or her discretion, one home
inspector and one consumer upon  the  recommendation  of  the  temporary
president  of  the  senate, and one home inspector and one consumer upon
the recommendation of the speaker of the  assembly.  Each  member  shall
hold  office  until his or her successor has been qualified. Any vacancy
in the membership of the council shall be filled for the unexpired  term
in  the  manner  provided for the original appointment. No member of the
council may serve more than two successive  terms  in  addition  to  any
unexpired term to which he or she has been appointed.
  4.  Members  of the council shall receive no compensation but shall be
reimbursed for their actual and necessary  expenses  and  provided  with
office  and  meeting  facilities  and  personnel required for the proper
conduct of the council's business.
  5. The council shall annually elect from among its members a chair and
vice-chair and may appoint a secretary, who need not be a member of  the
council. The council shall meet at least twice a year and may hold addi-
tional meetings as necessary to discharge its duties.
  6.  The  role  of  the  council shall be advisory.] The [council shall
advise the secretary  in  the  administration  and  enforcement  of  the
provisions of this article and recommend to the] secretary SHALL PROMUL-
GATE  regulations  to implement the provisions of this article including
but not limited to:
  (a) standards for training including approval of the course  of  study
and examination required for licensure of home inspectors;
  (b)  requirements  and  standards  for  continuing  education  of home
inspectors;
  (c) a code of ethics and  standards  of  practice  for  licensed  home
inspectors  consistent  with  the  provisions  of this article and sound
ethical practices which code and standards shall be  subject  to  public
notice  and comment prior to [a council recommendation to the secretary]
ADOPTION OF THE REGULATIONS. The standards of practice shall not require
a reporting format or limit information which licensees  are  authorized
to provide a client pursuant to this article; and
  (d)  development  of  information and educational materials about home
inspection for distribution to clients.
  2. Nothing in this section shall be deemed  to  supersede  any  estab-
lished  authority, duty and power established by local law, state law or
regulation or otherwise granted to any agency, body or entity.
  S 64. Section 444-e of the real property law, as added by chapter  461
of  the laws of 2004, paragraphs (b) and (c) of subdivision 1 and subdi-
vision 3 as amended by chapter 225 of the laws of 2005,  is  amended  to
read as follows:
  S  444-e.  Qualifications for licensure. 1. An applicant for a license
as a home inspector shall:
  (a) have successfully completed high school or its equivalent; and
  (b) (i) have successfully completed a course of study of not less than
one hundred forty hours approved by the secretary[, in consultation with
the council], of which at least forty hours shall have been in the  form
of  unpaid  field  based  inspections  in  the presence of and under the
direct supervision of a home inspector licensed by the state of New York
or a professional engineer or architect regulated by the  state  of  New
York  who  oversees and takes full responsibility for the inspection and
any report provided to a client; or
  (ii) have performed not less than one hundred home inspections in  the
presence  of  and  under  the  direct  supervision  of  a home inspector

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licensed by the state of New York or a professional engineer  or  archi-
tect  regulated  by  the  state  of New York who oversees and takes full
responsibility for the inspection and any report provided to  a  client;
and
  (c)  have  passed  a written or electronic examination approved by the
secretary[, in consultation with the  council],  and  designed  to  test
competence  in  home  inspection  practice as determined by a recognized
role definition methodology and developed and administered to the extent
practicable  in  a  manner  consistent  with  the  American  Educational
Research  Association's  "Standards  for  Educational  and Psychological
Testing." An applicant who has passed an existing nationally  recognized
examination,  as  approved by the secretary, prior to the effective date
of this article shall be in compliance with this paragraph; and
  (d) pay the applicable fees.
  2. The provisions of this section shall not apply to a person perform-
ing a home inspection pursuant to subparagraph (ii) of paragraph (b)  of
subdivision  one of this section for the purpose of meeting requirements
for a home inspector license.
  3. Upon submission of an application and payment  of  the  application
and  licensure  fee  to  the secretary, the secretary shall issue a home
inspector's license to a person who holds a  valid  license  as  a  home
inspector  issued by another state or possession of the United States or
the District of Columbia which has standards substantially equivalent to
those of this state as determined by  the  secretary[,  in  consultation
with the council].
  4.  On  or  before  the  effective date of this article, the secretary
shall, upon application, issue a home inspector license to a person who:
  (a) meets the requirements of paragraphs (a) and  (c)  of  subdivision
one  of  this  section  and  has  performed  one  hundred  or  more home
inspections for compensation within two years  prior  to  the  effective
date of this section; or
  (b) meets the requirements of paragraph (a) of subdivision one of this
section  and  has  been  engaged  in the practice of home inspection for
compensation for not less than three years prior to the  effective  date
of this section during which such person has performed two hundred fifty
home inspections for compensation within three years prior to the effec-
tive date of this section; or
  (c) has education and experience which the secretary[, in consultation
with  the  council],  considers  equivalent to that required pursuant to
paragraphs (a) and (b) of this subdivision.
  S 65. Subdivision 1 of section 444-f of  the  real  property  law,  as
amended  by  chapter  225  of  the  laws  of 2005, is amended to read as
follows:
  1. Home inspector licenses and renewals thereof shall be issued for  a
period  of two years, except that the secretary may, in order to stagger
the expiration date thereof, provide that those licenses first issued or
renewed after the effective date of this section shall expire or  become
void  on  a  date fixed by the secretary, not sooner than six months nor
later than twenty-nine months after the date of issue. No renewal  of  a
license  shall be issued unless the applicant has successfully completed
a course of continuing education approved by the secretary[, in  consul-
tation with the council].
  S  66.  Subdivision  1  of  section 444-k of the real property law, as
added by chapter 461 of the laws of 2004, is amended to read as follows:
  1. Every licensed home inspector who is  engaged  in  home  inspection
shall  secure,  maintain, and file with the secretary proof of a certif-

S. 6260--A                         41                         A. 9060--A

icate of liability coverage, which terms and conditions shall be  deter-
mined by the secretary [in consultation with the council].
  S  67. Section 444-l of the real property law, as added by chapter 461
of the laws of 2004, is amended to read as follows:
  S 444-l. Duties of the secretary. The secretary shall[,  in  consulta-
tion with the council,] establish such rules and regulations as shall be
necessary to implement the provisions of this article.
  S  68.  Subdivision  6  of section 69-n of the general business law is
REPEALED.
  S 69. Chapter 868 of the laws of 1976, relating to  the  organic  food
advisory committee, is REPEALED.
  S  70.  Subdivisions  6, 7, 8 and 9 of section 73-b of the agriculture
and markets law are REPEALED and subdivision 10 is  renumbered  subdivi-
sion 6.
  S  71.  Subdivision  5  of section 73-b of the agriculture and markets
law, as added by chapter 276 of the laws of 2001, is amended to read  as
follows:
  5.  The  advisory  board,  which shall be chaired by the commissioner,
shall:
  (a) evaluate and prioritize the veterinary diagnostic laboratory needs
of industry, government and consumer entities;
  (b) provide advice and recommendations to the dean  of  the  New  York
state college of veterinary medicine for strategic direction of diagnos-
tic laboratory services;
  (c)  make  recommendations  to  the  dean regarding appointment of the
director of the laboratory; [and]
  (d) assess the feasibility of the consolidation, expansion and modern-
ization of the current physical facilities of the laboratory; AND
  (E) PROVIDE ADVICE AND RECOMMENDATIONS TO THE DIRECTOR OF THE DIAGNOS-
TIC LABORATORY REGARDING INDUSTRY NEEDS AND THE EFFECTIVENESS OF VETERI-
NARY DIAGNOSTIC LABORATORY SERVICES.
  S 72. Paragraph (g) of subdivision 3 of section 73-b of  the  agricul-
ture  and  markets  law, as added by chapter 276 of the laws of 2001, is
amended to read as follows:
  (g) one member to be appointed by the governor, upon recommendation by
the commissioner[, from nominations  received  from  the  animal  health
issues committee];
  S  73.  Section  13-0308  of  the  environmental  conservation  law is
REPEALED.
  S 74. The opening paragraph of subdivision 15 of  section  13-0309  of
the  environmental conservation law, as added by chapter 512 of the laws
of 1994, is amended to read as follows:
  Unless and until regulations are adopted implementing a  comprehensive
long-term  management  plan  for  the protection of surf clams and ocean
quahogs in New York  waters  [prepared  in  conjunction  with  the  surf
clam/ocean quahog management advisory board pursuant to section 13-0308,
of  this  title],  the following restrictions shall apply in addition to
any consistent regulations adopted prior to the  date  upon  which  such
section shall take effect:
  S  75.  Subparagraph (ii) of paragraph 3 of subdivision (a) of section
83 of the state finance law, as amended by section 6 of part A of  chap-
ter 58 of the laws of 1998, is amended to read as follows:
  (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
graph, moneys arising out of the application of subdivision fourteen  of
section 13-0309 of the environmental conservation law, shall be deposit-
ed in a special account within the conservation fund, to be known as the

S. 6260--A                         42                         A. 9060--A

surf clam/ocean quahog account, and shall be available to the department
of  environmental  conservation,  including  contracts for such purposes
with a New York State institution of higher education currently involved
in  local  marine  research,  after  appropriation, for the research and
stock assessment of surf clams and ocean quahogs [and the operations  of
the surf clam/ocean quahog management advisory board].
  S 76. Section 3000 of the public health law, as amended by chapter 804
of the laws of 1992, is amended to read as follows:
  S 3000. Declaration of policy and statement of purpose. The furnishing
of  medical  assistance  in  an  emergency  is a matter of vital concern
affecting the public health, safety and welfare.  Prehospital  emergency
medical  care, the provision of prompt and effective communication among
ambulances and hospitals and safe and effective care and  transportation
of the sick and injured are essential public health services.
  It is the purpose of this article to promote the public health, safety
and  welfare by providing for certification of all advanced life support
first response services and ambulance services; the creation of regional
emergency medical services [councils] ADVISORY BOARDS; and  a  New  York
state  emergency  medical services [council] ADVISORY BOARD to [develop]
ADVISE THE DEPARTMENT AND THE COMMISSIONER IN THE DEVELOPMENT OF minimum
training standards for certified  first  responders,  emergency  medical
technicians  and  advanced  emergency  medical  technicians  and minimum
equipment and communication standards for advanced  life  support  first
response services and ambulance services.
  S  77.  Subdivision 2 and paragraphs (a), (c) and (e) of subdivision 3
of section 3000-b of the public health law, subdivision 2 as amended  by
chapter  583  of  the  laws  of  1999, paragraph (a) of subdivision 3 as
amended by chapter 243 of the laws of 2010 and paragraphs (c) and (e) of
subdivision 3 as added by chapter 552 of the laws of 1998,  are  amended
to read as follows:
  2.  Collaborative  agreement.  A  person,  firm, organization or other
entity may purchase, acquire, possess and operate an automated  external
defibrillator  pursuant  to  a collaborative agreement with an emergency
health care provider. The collaborative agreement shall include a  writ-
ten  agreement  and  written practice protocols, and policies and proce-
dures that shall assure compliance with this section. The public  access
defibrillation provider shall file a copy of the collaborative agreement
with  the  department  and with the appropriate regional [council] BOARD
prior to operating the automated external defibrillator.
  (a) No person may operate an automated external  defibrillator  unless
the person has successfully completed a training course in the operation
of  an  automated external defibrillator approved by a nationally-recog-
nized organization or the [state  emergency  medical  services  council]
COMMISSIONER AND THE COMPLETION OF THE COURSE WAS RECENT ENOUGH TO STILL
BE  EFFECTIVE UNDER THE STANDARDS OF THE APPROVING ORGANIZATION.  Howev-
er, this section shall not prohibit operation of an  automated  external
defibrillator,  (i)  by a health care practitioner licensed or certified
under title VIII of the education law or a person certified  under  this
article  acting  within  his  or her lawful scope of practice; (ii) by a
person acting pursuant to a lawful prescription; or (iii)  by  a  person
who  operates the automated external defibrillator other than as part of
or incidental to his or her employment or regular duties, who is  acting
in good faith, with reasonable care, and without expectation of monetary
compensation,  to  provide first aid that includes operation of an auto-
mated external defibrillator; nor shall  this  section  limit  any  good

S. 6260--A                         43                         A. 9060--A

samaritan protections provided in section three thousand-a of this arti-
cle.
  (c)  The public access defibrillation provider shall notify the APPRO-
PRIATE regional [council] BOARD of the existence, location and  type  of
any automated external defibrillator it possesses.
  (e)  The  emergency  health  care  provider  shall  participate in the
regional quality improvement program  pursuant  to  subdivision  one  of
section three thousand [four-a] FOUR of this article.
  S  78.  Subdivision  2  and  paragraph (a) of subdivision 3 of section
3000-c of the public health law, as added by chapter 578 of the laws  of
1999, are amended to read as follows:
  2. Collaborative agreement. Any eligible person, firm, organization or
other entity may purchase, acquire, possess and use epinephrine auto-in-
jector  devices  pursuant to a collaborative agreement with an emergency
health care provider. The collaborative agreement shall include a  writ-
ten agreement that incorporates written practice protocols, and policies
and  procedures that shall ensure compliance with the provisions of this
section. The person, firm, organization or entity shall file a  copy  of
the collaborative agreement with the department and with the appropriate
regional  [council]  BOARD  prior to using any epinephrine auto-injector
device.
  (a) No person shall use an  epinephrine  auto-injector  device  unless
such  person  shall have successfully completed a training course in the
use of epinephrine auto-injector devices approved  by  the  commissioner
[pursuant to the rules of the department]. This section does not prohib-
it  the  use of an epinephrine auto-injector device (i) by a health care
practitioner licensed or certified under title eight  of  the  education
law  acting within the scope of his or her practice, or (ii) by a person
acting pursuant to a lawful prescription.
  S 79. Section 3001 of the public health law, as amended by chapter 804
of the laws of 1992, subdivisions 13 and 15 as amended by chapter 445 of
the laws of 1993, is amended to read as follows:
  S 3001. Definitions. As used  in  this  article,  unless  the  context
otherwise requires:
  1. "Emergency medical service" means initial emergency medical assist-
ance  including,  but  not  limited  to, the treatment of trauma, burns,
respiratory, circulatory and obstetrical emergencies.
  1-A.  "PEDIATRIC  CARE"  MEANS  MEDICAL  CARE  PROVIDED  TO  NEONATES,
INFANTS, TODDLER, PRESCHOOLERS, SCHOOL AGERS AND ADOLESCENTS.
  1-B. "TRAUMA CARE" MEANS HEALTH CARE PROVIDED TO PATIENTS AT HIGH RISK
OF DEATH OR DISABILITY FROM MULTIPLE AND SEVERE INJURIES.
  1-C.  "DISASTER  CARE"  MEANS  CARE  PROVIDED  TO PATIENTS WHO ARE THE
VICTIMS OF NATURAL OR MAN-MADE DISASTERS, INCLUDING BUT NOT  LIMITED  TO
BIOLOGIC, NUCLEAR, INCENDIARY, CHEMICAL AND EXPLOSIVE DISASTERS.
  2.  "Ambulance service" means an individual, partnership, association,
corporation, municipality or any legal or public entity  or  subdivision
thereof  engaged in providing emergency medical care and the transporta-
tion of sick or injured persons by  motor  vehicle,  aircraft  or  other
forms  of transportation to, from, or between general hospitals or other
health care facilities.
  3. "Voluntary ambulance service" means an ambulance service (i)  oper-
ating  not  for  pecuniary profit or financial gain, and (ii) no part of
the assets or income of which is distributable  to,  or  enures  to  the
benefit  of,  its  members,  directors  or officers except to the extent
permitted under this article.

S. 6260--A                         44                         A. 9060--A

  4. "Voluntary advanced life  support  first  response  service"  means
advanced life support first response service (i) operating not for pecu-
niary profit or financial gain, and (ii) no part of the assets or income
of  which is distributable to, or enures to the benefit of, its members,
directors or officers except to the extent permitted under this article.
  5. "Certified first responder" means an individual who meets the mini-
mum  TRAINING,  EDUCATION  AND CERTIFICATION requirements established by
[regulations pursuant to section three thousand two of this article] THE
COMMISSIONER and who is responsible for administration of  initial  life
saving care of sick and injured persons.
  6.  "Emergency  medical  technician" means an individual who meets the
minimum TRAINING, EDUCATION AND CERTIFICATION  requirements  established
by  [regulations pursuant to section three thousand two of this article]
THE COMMISSIONER and who is responsible  for  administration  or  super-
vision  of  initial emergency medical care and transportation of sick or
injured persons.
  7. "Advanced emergency medical technician" means an emergency  medical
technician  who  [has  satisfactorily  completed  an  advanced course of
training approved by the state council  under  regulations  pursuant  to
section  three thousand two of this article] MEETS THE MINIMUM TRAINING,
EDUCATION AND CERTIFICATION REQUIREMENTS ESTABLISHED BY THE COMMISSIONER
AND WHO IS RESPONSIBLE FOR ADMINISTRATION  OR  SUPERVISION  OF  ADVANCED
EMERGENCY MEDICAL CARE AND TRANSPORTATION OF SICK OR INJURED PERSONS.
  8.  "State [council] BOARD" means the New York state emergency medical
services [council] ADVISORY BOARD established pursuant to this article.
  9. "Regional [council]  BOARD"  means  a  regional  emergency  medical
services [council] ADVISORY BOARD established pursuant to this article.
  10.  "Enrolled  member"  means  any  member  of  a voluntary ambulance
service or voluntary advanced life support first  response  service  who
provides  emergency  medical  care  or transportation of sick or injured
persons without expectation of monetary compensation.
  11. "Advanced life support care" means definitive acute  medical  care
provided,  under  medical control, by advanced emergency medical techni-
cians within an advanced life support system.
  12. "Advanced life support system" means an  organized  acute  medical
care  system  to  provide advanced life support care on site or en route
to, from, or between general hospitals or other health care facilities.
  13. "Advanced life support mobile unit" means an ambulance or advanced
life support first response vehicle approved to  provide  advanced  life
support services pursuant to this article.
  14.  "Qualified medical and health personnel" means physicians, regis-
tered professional nurses and  advanced  emergency  medical  technicians
competent  in the management of patients requiring advanced life support
care.
  15. "Medical control" means: (a) advice and direction  provided  by  a
physician  or  under  the  direction  of  a physician to certified first
responders, emergency medical technicians or advanced emergency  medical
technicians  who are providing medical care at the scene of an emergency
or en route to a health care facility; and (b) indirect medical  control
including  the written policies, procedures, and protocols for prehospi-
tal emergency medical care and transportation developed  by  [the  state
emergency  medical  advisory  committee, approved by the state emergency
medical services council  and]  the  commissioner,  and  implemented  by
regional EMERGENCY medical advisory committees.
  16.  "Regional  EMERGENCY medical advisory committee" means a group of
five or more physicians, and one or more non-voting  individuals  repre-

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sentative  of  each  of  the  following:  hospitals,  basic life support
providers,  advanced  life  support  providers  and  emergency   medical
services  training  sponsor  medical  directors approved by the affected
regional [emergency medical services councils] BOARDS.
  17.  "Advanced life support first response service" means an organiza-
tion which provides advanced life support care, but does  not  transport
patients.
  18.  ["EMS program agency" means a not-for-profit corporation or muni-
cipality designated by the state council and approved  by  the  affected
regional council or councils to facilitate the development and operation
of  an  emergency medical services system within a region as directed by
the regional council under this article.
  19.] "Operator" means any person who by reason of a direct or indirect
ownership interest (whether of record or beneficial)  has  the  ability,
acting  either alone or in concert with others with ownership interests,
to direct or cause the direction of the management  or  policies  of  an
ambulance service or advanced life support first response service.
  19. "MUTUAL AID" MEANS THE PRE-PLANNED AND ORGANIZED RESPONSE OF EMER-
GENCY  MEDICAL SERVICES, AND OTHER EMERGENCY PERSONNEL AND EQUIPMENT, TO
A REQUEST FOR ASSISTANCE IN AN EMERGENCY WHEN LOCAL RESOURCES HAVE  BEEN
EXPENDED.  THE RESPONSE IS PREDICATED ON FORMAL AGREEMENTS AMONG PARTIC-
IPATING AGENCIES OR JURISDICTIONS.
  20. "Mutual aid agreement" means a written agreement, entered into  by
two  or  more ambulance services or advanced life support first response
services possessing valid [ambulance service or  advanced  life  support
first response service certificates or statements of registration] OPER-
ATING  AUTHORITY, FIRE SERVICES AS DEFINED BY SECTION TWO HUNDRED NINE-B
OF THE GENERAL MUNICIPAL LAW, OR THE GOVERNING BODY OF ANY CITY, TOWN OR
VILLAGE, for the organized,  SUPERVISED,  coordinated,  and  cooperative
reciprocal mobilization of personnel, equipment, services, or facilities
for  [back-up  or support upon request as required pursuant to a written
mutual aid plan] OUTSIDE SERVICE UPON REQUEST.  An ambulance service and
advanced life support first response service may participate in  one  or
more mutual aid agreements.
  21.  "Primary  territory"  means  the  geographic area or subdivisions
listed on an ambulance OR ADVANCED LIFE SUPPORT FIRST  RESPONSE  service
certificate  [or  statement  of  registration within which the ambulance
service may receive patients for transport].
  22. "STATEWIDE EMS MOBILIZATION PLAN" MEANS AN  ESTABLISHED  PLAN  FOR
THE  FORMAL  AND  UNIFORM  NOTIFICATION  AND  ACTIVATION OF AMBULANCE OR
ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICES.
  23. "COUNTY MUTUAL AID PLAN" MEANS A  WRITTEN  MUTUAL  AID  AGREEMENT,
ENTERED  INTO BY TWO OR MORE AMBULANCE SERVICES OR ADVANCED LIFE SUPPORT
FIRST RESPONSE  SERVICES  POSSESSING  VALID  OPERATING  AUTHORITY,  FIRE
SERVICES AS DEFINED BY SECTION TWO HUNDRED NINE-B OF THE GENERAL MUNICI-
PAL LAW, OR THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE, FACILITATED
OR COORDINATED BY THE COUNTY FOR THE ORGANIZED, SUPERVISED, COORDINATED,
AND   COOPERATIVE   RECIPROCAL  MOBILIZATION  OF  PERSONNEL,  EQUIPMENT,
SERVICES, OR  FACILITIES  FOR  OUTSIDE  SERVICE  UPON  REQUEST  FOR  THE
PURPOSES OF PROVIDING EMERGENCY MEDICAL TREATMENT AND/OR TRANSPORTATION.
  S  80.  Section  3002  of  the public health law is REPEALED and a new
section 3002 is added to read as follows:
  S 3002. NEW YORK STATE EMERGENCY MEDICAL SERVICES ADVISORY  BOARD.  1.
THERE  IS  HEREBY  CREATED  WITHIN THE DEPARTMENT OF HEALTH THE NEW YORK
STATE EMERGENCY MEDICAL SERVICES ADVISORY BOARD. THE BOARD SHALL CONSIST
OF TWENTY-THREE MEMBERS, APPOINTED BY THE  COMMISSIONER,  WHO  SHALL  BE

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REPRESENTATIVE  OF  THE  DIVERSITY  OF  THE EMERGENCY MEDICAL AND TRAUMA
SYSTEM IN THE STATE,  PARTICULARLY  REGARDING  DIVERSITY  IN  GEOGRAPHY,
INDUSTRY  AND  PATIENT  CARE. MEMBERS SHALL SERVE AT THE PLEASURE OF THE
COMMISSIONER FOR THREE YEAR TERMS, EXCEPT THAT THE TERM OF ELEVEN OF THE
INITIAL  ADVISORY MEMBERS SHALL BE FOR TWO YEARS; PROVIDED THAT A MEMBER
SHALL CONTINUE TO SERVE IN FULL CAPACITY UNTIL SUCH TIME AS  THE  MEMBER
RESIGNS,  IS  REMOVED  OR  REPLACED. NO PERSON MAY SERVE AS A MEMBER FOR
MORE THAN TWO CONSECUTIVE TERMS TOTAL. THE COMMISSIONER SHALL APPOINT  A
CHAIR  AND  A  VICE-CHAIR.  MEMBERS  OF THE STATE BOARD SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES AS MEMBERS.
  2. NO CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST  ANY  MEMBER,
OFFICER OR EMPLOYEE OF THE STATE BOARD FOR ANY ACT DONE, FAILURE TO ACT,
OR  STATEMENT  OR OPINION MADE, WHILE DISCHARGING HIS OR HER DUTIES AS A
MEMBER, OFFICER OR EMPLOYEE OF THE STATE BOARD,  WITHOUT  LEAVE  FROM  A
JUSTICE  OF THE SUPREME COURT, FIRST HAD AND OBTAINED. IN NO EVENT SHALL
SUCH MEMBER, OFFICER OR EMPLOYEE BE  LIABLE  FOR  DAMAGES  IN  ANY  SUCH
ACTION IF HE OR SHE SHALL HAVE ACTED IN GOOD FAITH, WITH REASONABLE CARE
AND UPON PROBABLE CAUSE.
  3.  THE  STATE  BOARD SHALL ADVISE THE DEPARTMENT ON ISSUES RELATED TO
EMERGENCY MEDICAL SERVICES, PEDIATRIC CARE,  TRAUMA  CARE  AND  DISASTER
CARE,  AND ASSIST IN THE COORDINATION OF SUCH, INCLUDING BUT NOT LIMITED
TO THE DEVELOPMENT, PERIODIC REVISION,  AND  APPLICATION  OF  RULES  AND
REGULATIONS,  APPROPRIATENESS  REVIEW STANDARDS, AND QUALITY IMPROVEMENT
GUIDELINES, AS THE COMMISSIONER AND  THE  DEPARTMENT  MAY  REQUEST.  THE
STATE  BOARD SHALL HAVE THE SAME AUTHORITY GRANTED TO REGIONAL BOARDS BY
THE ARTICLE IN ANY REGION OF THE STATE IN WHICH A REGIONAL BOARD HAS NOT
BEEN ESTABLISHED. THE STATE BOARD MAY MEET AS FREQUENTLY AS REQUESTED BY
THE DEPARTMENT.
  4. UPON APPEAL FROM ANY CONCERNED PARTY, THE STATE BOARD MAY RECOMMEND
AMENDMENT, MODIFICATION AND REVERSAL OF DETERMINATIONS OF  THE  REGIONAL
BOARDS  AND REGIONAL EMERGENCY MEDICAL ADVISORY COMMITTEES MADE PURSUANT
TO ANY SECTION OF THIS ARTICLE. THE COMMISSIONER SHALL REVIEW ALL RECOM-
MENDATIONS OF THE STATE BOARD AND MAY APPROVE, DISAPPROVE OR MODIFY SUCH
RECOMMENDATIONS. ALL RECOMMENDATIONS APPROVED, DISAPPROVED  OR  MODIFIED
BY  THE  COMMISSIONER  SHALL BE SUBJECT TO REVIEW AS PROVIDED IN ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. APPLICATION FOR  SUCH
REVIEW  MUST  BE  MADE  WITHIN  SIXTY DAYS AFTER SERVICE IN PERSON OR BY
REGISTERED OR CERTIFIED MAIL.
  5. THE COMMISSIONER MAY APPOINT A TECHNICAL ADVISORY GROUP TO  COMPILE
AND  REVIEW DATA, DRAFT DOCUMENTS, OR PERFORM OTHER TASKS RELATED TO THE
DISCOVERY OR PRODUCTION OF INFORMATION NEEDED IN  ORDER  FOR  THE  STATE
BOARD  TO PROPERLY CONSIDER A MATTER. TECHNICAL ADVISORY GROUPS SHALL BE
APPOINTED ONLY FOR A LIMITED AND DEFINED PERIOD OF TIME IN THE  PERFORM-
ANCE  OF  A  SPECIFIC TASK IN RELATION TO A SPECIFIC MATTER. INFORMATION
OBTAINED OR PRODUCED BY THE TECHNICAL ADVISORY GROUP SHALL  BE  PROVIDED
TO AND EXAMINED BY THE STATE ADVISORY BOARD.
  S 81. Section 3002-a of the public health law is REPEALED.
  S  82. Section 3003 of the public health law, as added by chapter 1053
of the laws of 1974, subdivision 1 as amended by  chapter  1054  of  the
laws of 1974, subdivisions 2 and 5 as amended by chapter 445 of the laws
of  1993,  subdivisions 3 and 5-a as added and paragraph (a) of subdivi-
sion 10 as amended by chapter 804 of the laws of 1992, subdivision 4  as
amended  by  chapter 580 of the laws of 2007 and subdivision 10 as added
by chapter 1016 of the laws of 1981, is amended to read as follows:
  S  3003.  Regional  emergency  medical  services  [councils]  ADVISORY
BOARDS.  1.  The commissioner[, with the approval of the state council,]

S. 6260--A                         47                         A. 9060--A

shall designate regional emergency  medical  services  [councils  on  or
before  January  first, nineteen hundred seventy-eight] BOARDS but in no
event shall the number of regional [councils] BOARDS  exceed  [eighteen]
SIX.  Such A regional [councils] BOARD shall be established on the basis
of  application for designation as A regional [councils] BOARD submitted
by local organizations, the members of which are knowledgeable in  vari-
ous  aspects  of  emergency  medical  services.  Such  application shall
describe the geographic area to be served and contain a list of nominees
for appointment to membership on such regional [councils]  BOARD  and  a
statement  as  to the proposed method of operation in such detail as the
commissioner[, with the approval of the state council,] shall prescribe.
  2. Each regional [council]  BOARD  shall  be  comprised  of  at  least
fifteen  but  not  more than thirty members to be initially appointed by
the commissioner, [with the approval of the state council] IN  CONSULTA-
TION WITH THE STATE BOARD, from nominations submitted by local organiza-
tions  applying  for establishment as the regional [council] BOARD. SUCH
MEMBERS SHALL BE REPRESENTATIVE OF THE DIVERSITY  OF  EMERGENCY  MEDICAL
SERVICES  IN  THE  REGION;  PARTICULARLY  WITH  RESPECT  TO DIVERSITY IN
GEOGRAPHY, INDUSTRY AND PATIENT CARE.  Not less than  one-third  of  the
membership of the regional [councils] BOARDS shall be representatives of
ambulance  services  and the remaining membership of the regional [coun-
cils] BOARDS shall consist of, but not be limited to, representatives of
existing local emergency medical care  committees,  physicians,  nurses,
hospitals,  health  planning  agencies,  fire  department  emergency and
rescue squads, public health officers and the general public. The county
EMS coordinator, established pursuant to  section  two  hundred  twenty-
three-b  of  the county law, of any county within the region shall serve
as an ex officio member  of  the  regional  [council]  BOARD;  provided,
however,  nothing in this subdivision shall prevent a county EMS coordi-
nator from serving as a voting member of  a  regional  [council]  BOARD.
Members of each regional [council] BOARD shall be residents living with-
in the geographic area to be served by the regional [council] BOARD. The
presence of a majority of members shall constitute a quorum.
  3.  Each  regional [council] BOARD shall ASSIST THE REGIONAL EMERGENCY
MEDICAL ADVISORY COMMITTEES, OTHER REGIONAL BOARDS, STATE BOARD, DEPART-
MENT AND COMMISSIONER, AS REQUIRED BY THIS ARTICLE AND REQUESTED BY  THE
DEPARTMENT  AND  COMMISSIONER,  IN  CARRYING  OUT THE PROVISIONS OF THIS
ARTICLE, AND SHALL have the power to:
  (a) [have a seal and alter the same at pleasure;
  (b) acquire, lease, hold, and dispose of real and personal property or
any interest therein for its purposes;
  (c) make and alter by-laws for its organization and  internal  manage-
ment, and rules and regulations governing the exercise of its powers and
the fulfillment of its purposes under this article; such rules and regu-
lations  must  be  filed  with  the secretary of state and the state EMS
council;
  (d) enter into contracts for employment of such officers and employees
as it may require for the performance of its  duties;  and  to  fix  and
determine  their qualifications, duties, and compensation, and to retain
and employ such personnel as may  be  required  for  its  purposes;  and
private  consultants on a contract basis or otherwise, for the rendering
of professional or technical services and advice;
  (e) enter into contracts, leases, and subleases  and  to  execute  all
instruments  necessary  or  convenient  for the conduct of its business,
including contracts with the commissioner and any state agency or munic-

S. 6260--A                         48                         A. 9060--A

ipal entity;  and  contracts  with  hospitals  and  physicians  for  the
purposes of carrying out its powers under this article;
  (f)]  undertake or cause to be undertaken plans, surveys, analyses and
studies necessary, convenient or desirable for the effectuation  of  its
purposes  and  powers,  and  to  prepare  recommendations and reports in
regard thereto;
  [(g)] (B) fix and collect reasonable fees, rents,  and  other  charges
for the use of its equipment and the provision of its services;
  [(h)  contract  for  and  to accept any gifts or grants, subsidies, or
loans of funds or property, or financial or other aid in any  form  from
the  federal or state government or any agency or instrumentality there-
of; or from any other source, public or private, and to comply,  subject
to  the provisions of this article, with the terms and conditions there-
of; provided, however, that the councils may  contract  for  payment  of
debt  evidenced  by  bonds  or  notes or other evidence of indebtedness,
either directly or through a lease purchase agreement;
  (i)] (C) recommend to the department approval of training course spon-
sors within its region, and to develop, promulgate and implement annual-
ly an EMS training plan which addresses the needs of its region;
  [(j)] (D) enter into [contracts or memoranda of agreement]  AGREEMENTS
with  other regional [councils] BOARDS to provide services in a joint or
cooperative manner; and [to enter into contracts or memoranda of  agree-
ment  with an EMS program agency to carry out one or more of its respon-
sibilities under this article;
  (k) procure insurance against any loss or liability in connection with
the use, management, maintenance, and operation  of  its  equipment  and
facilities,  in  such  amounts  and  from such insurers as it reasonably
deems necessary;
  (l)  approve]  (E)  RECOMMEND  TO  THE  COMMISSIONER  INDIVIDUALS  FOR
APPOINTMENT TO ITS regional medical advisory committee [nominees;
  (m)  provide  focused technical assistance and support to those volun-
tary ambulance services  operating  under  exemptions,  to  assist  such
services  in progressing toward the uniform standards established pursu-
ant to this section. Such assistance and support shall include, but  not
be limited to, volunteer recruitment and management training; and
  (n) do all things necessary, convenient and desirable to carry out its
purposes and for the exercise of the powers granted in this article].
  4.  Each  regional  [council]  BOARD  shall have the responsibility to
coordinate  emergency  medical  services  programs  within  its  region,
including  but  not  limited  to, the establishment of emergency medical
technician courses and the issuance of uniform emergency medical techni-
cian insignia and certificates. Such  training  courses  shall  be  made
available by video or computer to the maximum extent possible.
  5.  [The]  EACH regional [council] BOARD shall have the responsibility
to make determinations of public need for  the  establishment  of  addi-
tional  emergency  medical  services  and  ambulance services WITHIN ITS
GEOGRAPHIC AREA and  to  make  the  determinations  of  public  need  as
provided  in  section three thousand eight OF THIS ARTICLE. The regional
[council] BOARD shall make such determination by an affirmative vote  of
a majority of all of those members consisting of voting members.
  [5-a. The regional emergency medical services council is authorized to
grant  an  exemption  from  the  staffing standards set forth in section
three thousand five-a of this article to a voluntary  ambulance  service
operating solely with enrolled members or paid emergency medical techni-
cians  which  has demonstrated a good faith effort to meet the standards
and is unable to meet such standards because of factors deemed appropri-

S. 6260--A                         49                         A. 9060--A

ate by the regional council. An exemption shall be for a period  not  to
exceed  two  years  and shall be conditioned on the participation by the
voluntary service in a program to achieve compliance which shall include
technical  assistance  and support from the regional council tailored to
the needs and resources at the local level, as provided by paragraph (m)
of subdivision three of this section, to be funded by the New York state
emergency medical services  training  account  established  pursuant  to
section  ninety-seven-q of the state finance law, such account as funded
by a chapter of the laws of nineteen hundred ninety-three. Nothing shall
prevent the regional council from issuing  subsequent  exemptions.  Such
exemptions  shall  have  no effect whatsoever on the insurability of the
organization receiving such exemption and such exemption  shall  not  be
used as a basis for increasing insurance rates or premiums related ther-
eto,  notwithstanding  any  other provision of law, rule, regulation, or
commissioner's ruling or advisory to the contrary. Prior to  issuing  an
exemption,  the  regional council shall provide written notice by certi-
fied mail to the chief executive officers of all general  hospitals  and
municipalities  in  the  county  or  counties  within  which the service
requesting an exemption operates. Such notice shall provide  opportunity
for  comment  on  the issuance of the exemption.  Notice of the determi-
nation of the regional council shall be provided within ten days of  the
determination  to the applicant, the department, and any party receiving
notification of the application who  requests  notice  of  the  determi-
nation. The applicant, the department, or any concerned party may appeal
the  determination  of  the regional council to the state council within
thirty days after the regional council makes its determination.]
  6. The term of office of members  of  [the]  EACH  regional  [council]
BOARD shall be four years, except that of those members first appointed,
at  least  one-half  but not more than two-thirds shall be for [terms] A
TERM not to exceed two years.
  7. Each regional [council] BOARD shall meet as frequently as its busi-
ness may require.
  8. [The commissioner, upon request of the regional council, may desig-
nate an officer or employee of the department to act as secretary of the
regional council, and may assign from time to time such other  employees
as the regional council may require.
  9.]  No civil action shall be brought in any court against any member,
officer or employee of any designated regional [council] BOARD  for  any
act  done, failure to act, or statement or opinion made, while discharg-
ing his duties as a member, officer or employee of the  regional  [coun-
cil] BOARD, without leave from a justice of the supreme court, first had
and obtained. In any event such member, officer or employee shall not be
liable  for  damages  in  any such action if he shall have acted in good
faith, with reasonable care and upon probable cause.
  [10. (a) The department shall provide each regional council  with  the
funds necessary to enable such regional council to carry out its respon-
sibilities  as  mandated  under this section within amounts appropriated
therefor.
  (b) Such funds shall be provided upon approval by the department of an
application submitted by  a  regional  council.  The  application  shall
contain  such  information and be in such form as the commissioner shall
require pursuant to rules and  regulations  which  he  shall  promulgate
after  consultation  with  the  state  council  in  order  to effect the
purposes and provisions of this subdivision.]

S. 6260--A                         50                         A. 9060--A

  9. ALL DETERMINATIONS OF THE REGIONAL BOARDS MAY BE  APPEALED  TO  THE
STATE  BOARD PURSUANT TO SUBDIVISION THREE OF SECTION THREE THOUSAND TWO
OF THIS ARTICLE.
  S 83. Section 3003-a of the public health law is REPEALED.
  S 84. Section 3004-a of the public health law, as added by chapter 804
of  the  laws of 1992, subdivision 4 as added by chapter 445 of the laws
of 1993, is renumbered section 3004 and amended to read as follows:
  S 3004. Regional emergency medical advisory  committees.  1.  Regional
emergency  medical  advisory  committees  shall develop policies, proce-
dures, and triage, treatment, and transportation protocols FOR EMERGENCY
MEDICAL SERVICES which are consistent with the STATE-WIDE MINIMUM stand-
ards [of the state emergency medical advisory committee] ESTABLISHED  BY
THE COMMISSIONER IN CONSULTATION WITH THE STATE BOARD, and which address
specific  local conditions.  Regional emergency medical advisory commit-
tees may also approve physicians to provide  on  line  medical  control,
coordinate  the  development  of  regional  medical control systems, and
participate in quality  improvement  activities  addressing  system-wide
concerns.  Hospitals  and  prehospital  medical  care  services shall be
authorized to release patient outcome information to regional  emergency
medical  advisory  committees for purposes of assessing prehospital care
concerns. Regional quality improvement programs shall be presumed to  be
an  extension  of  the  quality improvement program set forth in section
three thousand six of this article, and the provisions  of  subdivisions
two  and  three  of  such section three thousand six shall apply to such
programs.
  2. [The committee shall nominate to the commissioner a physician  with
demonstrated  knowledge  and experience in emergency medical services to
serve on the state emergency medical advisory committee.
  3.] No civil action shall be brought in any court against any  member,
officer  or  employee of the committee for any act done, failure to act,
or statement or opinion made, while discharging his or her duties  as  a
member,  officer,  or  employee  of  the committee, without leave from a
justice of the supreme court, first had and obtained.  In no event shall
such member, officer, or employee be liable  for  damages  in  any  such
action if he or she shall have acted in good faith, with reasonable care
and upon probable cause.
  [4.]  3. Any decision of a regional emergency medical advisory commit-
tee regarding provision of a level of care, including staffing  require-
ments,  may be appealed to the state [emergency medical advisory commit-
tee] BOARD by any  regional  [EMS  council]  BOARD,  ambulance  service,
advanced  life  support  service,  certified  first responder, emergency
medical technician, or advanced emergency medical  technician  adversely
affected.    No  action shall be taken to implement a decision regarding
existing levels of care or staffing while an appeal of such decision  is
pending. [Any decision of the state emergency medical advisory committee
may  be appealed pursuant to subdivision two-a of section three thousand
two-a of this article.]
  S 85. Section 3005 of the public health law, as amended by chapter 804
of the laws of 1992, subdivision 5 as amended and subdivision 8 as added
by chapter 445 of the laws of 1993, is amended to read as follows:
  S 3005. Ambulance service certificates. 1. No ambulance service [oper-
ating for profit, hospital  ambulance  service  or  municipal  ambulance
service  of  a  city  of over one million population shall operate on or
after September first, nineteen hundred seventy-five unless it possesses
a valid ambulance service certificate issued pursuant to  this  article.
Effective  January  first,  nineteen  hundred ninety-seven, no ambulance

S. 6260--A                         51                         A. 9060--A

service shall be operated unless it possesses a valid ambulance  service
operating certificate issued pursuant to this article or has been issued
a  statement  of  registration.  No advanced life support first response
service  shall operate unless it possesses a valid advanced life support
first responder service operating certificate. Effective January  first,
two  thousand,  no  ambulance  service]  OR  ADVANCE  LIFE SUPPORT FIRST
RESPONSE SERVICE shall be operated unless it possesses a valid operating
certificate.
  2. [The department shall issue an initial certificate to an  ambulance
service  certified  prior  to  the  effective  date of this section upon
submission of proof that it is the holder of a valid  ambulance  service
certificate  and  is  otherwise in compliance with provisions of section
three thousand nine of this article.
  2-a. Prior to January first, two thousand, the department shall  issue
an  initial  certificate to a registered ambulance service in possession
of a valid registration provided that such service has  been  issued  an
exemption issued by a regional council pursuant to subdivision five-a of
section three thousand three of this article.
  3.  The  department  shall issue an initial certificate to an advanced
life support first response service upon submission of proof  that  such
advanced  life support first response service is staffed and equipped in
accordance with rules and regulations promulgated pursuant to this arti-
cle and is otherwise in compliance  with  provisions  of  section  three
thousand nine of this article.
  4.]  A certificate issued BY THE DEPARTMENT to an ambulance service or
advanced life support first response service  shall  be  valid  for  two
years. The initial certification fee shall be one hundred dollars. Ther-
eafter the biennial fee shall be in accordance with the schedule of fees
established by the commissioner pursuant to this article. However, there
shall be no initial or renewal certification fee required of a voluntary
ambulance  service  or  voluntary  advanced  life support first response
service.
  [5.] 3. No initial certificate [(except  initial  certificates  issued
pursuant to subdivision two of this section)] shall be issued unless the
commissioner finds that the proposed operator or operators are competent
and  fit  to  operate  the  service  and  that  the ambulance service or
advanced life support first response service is staffed and equipped  in
accordance with rules and regulations promulgated pursuant to this arti-
cle.
  [6.]  4.  No ambulance service or advanced life support first response
service shall begin operation without prior approval of the  appropriate
regional  [council] BOARD, or if there is no appropriate regional [coun-
cil] BOARD established such ambulance service or advanced  life  support
first response service shall apply for approval from the state [council]
BOARD  as  to  the public need for the establishment of additional ambu-
lance service or advanced life support first response service,  pursuant
to section three thousand eight of this article.
  [7.]  5.  Applications for a certificate shall be made by the owner of
an ambulance service or advanced life  support  first  response  service
operating  for  profit  or the responsible official of a voluntary ambu-
lance service or advanced life support first response service upon forms
provided by the department.  The application shall state  the  name  and
address  of  the owner and PROVIDE such other information as the depart-
ment may require pursuant to rules and regulations.
  [8.] 6. For  purposes  of  this  article,  competent  means  that  any
proposed  operator  of  any  ambulance  service or advanced life support

S. 6260--A                         52                         A. 9060--A

first response service who is already or had been within  the  last  ten
years  an  incorporator,  director,  sponsor,  principal stockholder, or
operator of any ambulance service, hospital,  private  proprietary  home
for  adults,  residence  for  adults, or non-profit home for the aged or
blind which has been  issued  an  operating  certificate  by  the  state
department  of  social  services,  or  a halfway house, hostel, or other
residential facility or institution for the care, custody, or  treatment
of  the  mentally  disabled subject to the approval by the department of
mental hygiene, or any invalid coach service subject to approval by  the
department of transportation, is rendering or did render a substantially
consistent  high  level  of  care. For purposes of this subdivision, the
[state emergency medical services council] COMMISSIONER, IN CONSULTATION
WITH THE STATE BOARD, shall [adopt] PROMULGATE rules  and  regulations[,
subject  to the approval of the commissioner,] to establish the criteria
to be used to define substantially consistent high level  of  care  with
respect  to  ambulance  services,  advanced  life support first response
services, and invalid coaches, except that the commissioner may not find
that a consistently high level of care has  been  rendered  where  there
have  been  violations  of the state EMS code, or other applicable rules
and regulations, that (i) threatened  to  directly  affect  the  health,
safety,  or  welfare of any patient, and (ii) were recurrent or were not
promptly corrected. For purposes of this article, the rules  adopted  by
the state [hospital review and planning council] PUBLIC HEALTH AND PLAN-
NING  COUNCIL  with respect to subdivision three of section twenty-eight
hundred one-a of this chapter shall apply to other types  of  operators.
Fit  means  that  the  operator  or  proposed  operator (a) has not been
convicted of a crime or pleaded  nolo  contendere  to  a  felony  charge
involving  murder,  manslaughter, assault, sexual abuse, theft, robbery,
fraud, embezzlement, drug abuse, or sale of drugs and (b) is not or  was
not subject to a state or federal administrative order relating to fraud
or  embezzlement,  unless the commissioner finds that such conviction or
such order does not demonstrate a present risk or danger to patients  or
the public.
  S 86. Section 3005-a of the public health law, as added by chapter 804
of the laws of 1992, subdivision 1 as amended by chapter 445 of the laws
of 1993, is amended to read as follows:
  S  3005-a.  Staffing  standards;  ambulance services and advanced life
support first response services.  [1.] The following staffing  standards
shall be in effect unless otherwise provided by this section:
  [(a)  effective January first, nineteen hundred ninety-seven the mini-
mum staffing standard for a registered  ambulance  service  shall  be  a
certified first responder with the patient;
  (b)  effective January first, two thousand, the] 1. THE minimum staff-
ing standard for [a voluntary] EACH ambulance service shall be an  emer-
gency medical technician with the patient;
  [(c)  the  minimum  staffing standard for all other ambulance services
shall be an emergency medical technician with the patient; and
  (d)] 2. the minimum staffing standard for  an  advanced  life  support
first response service shall be an advanced emergency medical technician
with  the  patient.  Circumstances  permitting  other than advanced life
support care by an advanced life support first response service  may  be
established  by  rule  PROMULGATED by [the state council, subject to the
approval of] the commissioner, IN CONSULTATION WITH THE STATE BOARD.
  [2. Any service granted an exemption by the regional council  pursuant
to  subdivision  five-a  of section three thousand three of this article
shall be subject to the standards and terms of the exemption.

S. 6260--A                         53                         A. 9060--A

  3. Notwithstanding any other provision of this article, the  effective
date  of  the  standards established by this section shall be delayed by
one year for each fiscal year, prior to January first, two thousand,  in
which  the amounts appropriated are less than that which would have been
expended  pursuant  to  the  provisions of section ninety-seven-q of the
state finance law.]
  S 87. Section 3005-b of the public health law, as added by chapter 563
of the laws of 2001, subdivision 2 as amended by chapter 643 of the laws
of 2006, is amended to read as follows:
  S 3005-b. Emergency  medical  technician  five  year  re-certification
demonstration  program. 1. There is hereby created within the department
a demonstration program (referred to in this section as  the  "program")
to  allow  emergency  medical technicians and advanced emergency medical
technicians who have been in continuous practice  and  who  have  demon-
strated  competence in applicable behavioral and performance objectives,
to be re-certified for a five year period. No person shall be  re-certi-
fied  under  the  program  unless  he  or she has completed at least one
hundred thirty hours of instruction in  emergency  medical  services  as
approved  by  the  commissioner including but not limited to pediatrics,
geriatrics, environmental emergencies, legal issues,  emergency  vehicle
operations  course  and medical emergencies.  [Renewals of certification
under the program shall be deemed equivalent to renewals under  subdivi-
sion two of section three thousand two of this article.]
  2. The program shall be limited to persons who are employed by the New
York city fire department [or who are in practice in the following coun-
ties:  Delaware, Fulton, Hamilton, Montgomery, Nassau, Otsego, Schoharie
or Suffolk]. The commissioner may limit the number  of  participants  in
the  program, except that such limit shall be no less than four thousand
participants.
  [3. Within a year after implementing the program and  annually  there-
after, the commissioner shall report to the governor and the legislature
on  the  impact  of  the  program on the quality of patient care and the
effectiveness of the program in retaining and recruiting certified emer-
gency medical technicians and advanced emergency medical technicians.
  4. The commissioner, in consultation with the state emergency  medical
services  council,  shall  make  regulations necessary to implement this
section.]
  S 88. Section 3006 of the public health law, as added by  chapter  804
of the laws of 1992, subdivision 1 as amended and subdivision 4 as added
by chapter 445 of the laws of 1993, is amended to read as follows:
  S  3006.  Quality improvement program.  1. [By January first, nineteen
hundred ninety-seven, every] EVERY ambulance service and  advanced  life
support first response service shall establish or participate in a qual-
ity improvement program, which shall be an ongoing system to monitor and
evaluate the quality and appropriateness of the medical care provided by
the  ambulance  service or advanced life support first response service,
and which shall pursue opportunities to  improve  patient  care  and  to
resolve  identified  problems.  The  quality  improvement program may be
conducted independently or in collaboration with  other  services,  with
the  appropriate  regional  [council, with an EMS program agency] BOARD,
with a hospital, or with another appropriate  organization  approved  by
the  department. Such program shall include a committee of at least five
members, at least three of whom do not participate in the  provision  of
care  by  the service. At least one member shall be a physician, and the
others shall be nurses, or emergency medical  technicians,  or  advanced
emergency  medical  technicians, or other appropriately qualified allied

S. 6260--A                         54                         A. 9060--A

health personnel. The  quality  improvement  committee  shall  have  the
following responsibilities:
  (a)  to  review  the  care  rendered  by the service, as documented in
prehospital care reports and other materials. The committee  shall  have
the  authority to use such information to review and to recommend to the
governing body changes in administrative policies and procedures, as may
be necessary, and shall notify the governing body of  significant  defi-
ciencies;
  (b)  to  periodically  review  the  credentials and performance of all
persons providing emergency medical care on behalf of the service;
  (c) to periodically  review  information  concerning  compliance  with
standard  of  care  procedures  and protocols, grievances filed with the
service by patients or their families, and the occurrence  of  incidents
injurious  or  potentially  injurious to patients. A quality improvement
program shall also include participation in the department's prehospital
care reporting system and the provision of continuing education programs
to address areas in which compliance with procedures  and  protocols  is
most  deficient  and  to  inform  personnel of changes in procedures and
protocols.  Continuing education programs may be provided by the service
itself or by other organizations; and
  (d) to present data to the regional EMERGENCY medical advisory commit-
tee and to participate in system-wide evaluation.
  1-A.  THE DEPARTMENT SHALL DEVELOP AND MAINTAIN STATEWIDE AND REGIONAL
QUALITY IMPROVEMENT PROGRAMS FOR TRAUMA AND DISASTER CARE,  WHICH  SHALL
BE INTEGRATED WITH THE QUALITY IMPROVEMENT PROGRAM FOR EMERGENCY MEDICAL
SERVICES,  AND  INCORPORATE QUALITY IMPROVEMENT PROGRAMS FROM ALL COMPO-
NENTS OF THE TRAUMA SYSTEM, INCLUDING, BUT NOT LIMITED TO,  FULLY  INTE-
GRATED STATEWIDE AND REGIONAL TRAUMA REGISTRIES.
  2.  The information required to be collected and maintained, including
[information from the prehospital care reporting system which identifies
an individual] PATIENT  IDENTIFYING  INFORMATION  AND  PROTECTED  HEALTH
INFORMATION, shall be kept confidential and shall not be released except
to the department or pursuant to section three thousand [four-a] FOUR of
this article.
  3.  Notwithstanding  any  other provisions of law, none of the MEDICAL
records, documentation, or [committee] actions or  records  required  OF
ANY  QUALITY  IMPROVEMENT  COMMITTEE  pursuant  to this section shall be
subject to disclosure under article six of the public  officers  law  or
article  thirty-one of the civil practice law and rules, except as here-
inafter provided or as provided in any other provision of law. No person
in attendance at a meeting of any [such] QUALITY  IMPROVEMENT  committee
shall  be required to testify as to what transpired thereat.  The prohi-
bition related to disclosure of testimony shall not apply to the  state-
ments  made by any person in attendance at such a meeting who is a party
to an action or proceeding the subject of  which  was  reviewed  at  the
meeting.   The prohibition of disclosure of information from the prehos-
pital care reporting system shall not apply to  information  which  does
not identify a particular ambulance service or individual.
  4.  Any  person who in good faith and without malice provides informa-
tion to further the purpose of this section or who, in  good  faith  and
without  malice, participates on the quality improvement committee shall
not be subject to any action for civil damages  or  other  relief  as  a
result of such activity.
  S  89. Section 3008 of the public health law, as added by chapter 1053
of the laws of 1974, subdivisions 1 and 2 as amended by chapter  804  of
the laws of 1992, subdivision 3 as amended by chapter 252 of the laws of

S. 6260--A                         55                         A. 9060--A

1981,  subdivision  6  as  added  by chapter 850 of the laws of 1992 and
subdivision 7 as added by chapter 510 of the laws of 1997, is amended to
read as follows:
  S  3008.  Applications  for  determinations of public need.   1. Every
application for a determination of public need shall be made in  writing
to  the  appropriate regional [council] BOARD, shall specify the primary
territory within which the applicant requests to  operate,  be  verified
under  oath,  and  shall be in such form and contain such information as
required by the rules and regulations promulgated pursuant to this arti-
cle.
  2. Notice of the application  shall  be  forwarded  by  registered  or
certified  mail by the appropriate regional [council] BOARD to the chief
executive officers of all general  hospitals,  ambulance  services,  and
municipalities  operating  within  the same county or counties where the
services seeks to operate. The  notice  shall  provide  opportunity  for
comment.
  3.  Notice  pursuant  to  this  section shall be deemed filed with the
ambulance service and municipality upon being mailed by the  appropriate
regional BOARD or state [council] BOARD by registered or certified mail.
  4.  The  appropriate  regional  [council] BOARD or the state [council]
BOARD shall make its determination of  public  need  within  sixty  days
after receipt of the application.
  5.  The  applicant or any concerned party may appeal the determination
of the appropriate regional [council] BOARD to the state council  within
thirty days after the regional [council] BOARD makes its determination.
  6.  In the case of an application for certification under this article
by a municipal ambulance service to serve the area  within  the  munici-
pality,  and the municipal ambulance service meets appropriate training,
staffing and equipment standards, there should be a presumption in favor
of approving the application.
  7. (a) Notwithstanding any other provision of law and subject  to  the
provisions  of this article, any municipality within this state, or fire
district acting on behalf of any such municipality, and  acting  through
its  local legislative body, is hereby authorized and empowered to adopt
and amend local laws, ordinances or resolutions to establish and operate
advanced life support first [responder] RESPONSE services  or  municipal
ambulance  services  within  the municipality, upon meeting or exceeding
all standards set by the department for appropriate  training,  staffing
and  equipment,  and  upon  filing  with  the  [New York state emergency
medical services council] DEPARTMENT, a written request for such author-
ization. Upon such filing, such municipal advanced  life  support  first
[responder]  RESPONSE  service  or  municipal ambulance service shall be
deemed to have satisfied any and all requirements for  determination  of
public  need  for  the  establishment  of  additional  emergency medical
services pursuant to this article for a period of  two  years  following
the  date  of  such  filing.  Nothing in this article shall be deemed to
exclude the municipal advanced life support first  [responder]  RESPONSE
service  or municipal ambulance service authorized to be established and
operated pursuant to this article from complying with any other require-
ment or provision of this article or any other applicable  provision  of
law.
  (b)  In  the case of an application for certification pursuant to this
subdivision, for a municipal advanced life support  or  municipal  ambu-
lance  service,  to  serve  the  area within the municipality, where the
proposed service meets or exceeds the appropriate training, staffing and

S. 6260--A                         56                         A. 9060--A

equipment standards, there shall be a strong  presumption  in  favor  of
approving the application.
  S 90. Section 3009 of the public health law is REPEALED.
  S 91. Section 3010 of the public health law, as amended by chapter 804
of the laws of 1992, subdivision 1 as amended by chapter 588 of the laws
of  1993  and subdivisions 2 and 3 as amended by chapter 445 of the laws
of 1993, is amended to read as follows:
  S 3010. Area of operation; transfers.  1. Every ambulance OR  ADVANCED
LIFE  SUPPORT FIRST RESPONSE service certificate [or statement of regis-
tration] issued under this article shall specify the  primary  territory
within  which  the  ambulance  service shall be permitted to operate. An
ambulance OR ADVANCED LIFE SUPPORT FIRST RESPONSE service shall  receive
patients only within the primary territory specified on its ambulance OR
ADVANCED  LIFE  SUPPORT FIRST RESPONSE service certificate [or statement
of registration], except: (a) when receiving a patient which it initial-
ly transported to a facility or location outside its primary  territory;
(b) as required for the fulfillment of a mutual aid agreement authorized
by  the  regional [council] BOARD, DEPARTMENT AND COMMISSIONER; (c) upon
express approval of the department and the appropriate  regional  [emer-
gency  medical  services  council]  BOARD for a maximum of sixty days if
necessary to meet an emergency need; provided that in order to  continue
such  operation beyond the sixty day maximum period necessary to meet an
emergency need, the ambulance service must satisfy the  requirements  of
this  article,  regarding determination of public need and specification
of the primary territory on the ambulance OR ADVANCED LIFE SUPPORT FIRST
RESPONSE service certificate [or statement of registration]; or  (d)  an
ambulance service or advanced life support first response service organ-
ization  formed to serve the need for the provision of emergency medical
services in accordance with the religious  convictions  of  a  religious
denomination  may  serve  such needs in an area adjacent to such primary
territory and, while responding to a call for such service, the needs of
other residents of such area at the emergency scene.  Any  ambulance  OR
ADVANCED  LIFE SUPPORT FIRST RESPONSE service seeking to operate in more
than one region shall make  application  to  each  appropriate  regional
[council] BOARD.  Whenever an application is made simultaneously to more
than  one  regional  [council]  BOARD, the applications submitted to the
regional [councils] BOARDS shall be identical, or copies of each  appli-
cation  shall  be  submitted  to  all  the  regional  [councils]  BOARDS
involved.
  2. No ambulance  OR  ADVANCED  LIFE  SUPPORT  FIRST  RESPONSE  service
certificate  shall  be  transferable unless the regional [council] BOARD
and the department [reviews] REVIEW and [approves] APPROVE the  transfer
as follows:
  a. Any change in the individual who is the sole proprietor of an ambu-
lance  service  shall  only  be  approved  upon a determination that the
proposed new operator is competent and fit to operate the service.
  b. Any change in a partnership which is  the  owner  of  an  ambulance
service  shall be approved based upon a determination that the new part-
ner or partners are competent  and  fit  to  operate  the  service.  The
remaining  partners  shall  not  be  subject  to a character and fitness
review.
  c. Any transfer, assignment or other disposition  of  ten  percent  or
more  of the stock or voting rights thereunder of a corporation which is
the owner of an  ambulance  OR  ADVANCED  LIFE  SUPPORT  FIRST  RESPONSE
service,  or  any transfer, assignment or other disposition of the stock
or voting rights thereunder of such a corporation which results  in  the

S. 6260--A                         57                         A. 9060--A

ownership  or  control  of  ten  percent  or more of the stock or voting
rights thereunder by any person, shall be approved based upon a determi-
nation that the new stockholder or stockholder proposing to  obtain  ten
percent  or more of the stock or voting rights thereunder of such corpo-
ration is competent and fit to operate the service. The remaining stock-
holders shall not be subject to a character and fitness review.
  d. Any transfer of all or substantially all of the assets of a  corpo-
ration  which  owns  or  operates [a certified] AN ambulance OR ADVANCED
LIFE SUPPORT FIRST RESPONSE service  shall  be  approved  based  upon  a
determination that the individual, partnership, or corporation proposing
to  obtain  all or substantially all of the assets of the corporation is
competent and fit to operate the service.
  e. Any transfer affected in the absence of  the  review  and  approval
required  by  this section shall be null and void and the certificate of
such ambulance OR ADVANCED LIFE SUPPORT FIRST RESPONSE service shall  be
subject to revocation or suspension.
  3.  Nothing  contained  in this section shall be construed to prohibit
any voluntary ambulance service authorized by its governing authority to
do so from transporting any sick or  injured  resident  of  its  primary
territory  from  any  general  hospital  or  other  health care facility
licensed by the department, whether or  not  such  general  hospital  or
health  care  facility is within the service's primary territory, to any
other general hospital or health care facility licensed by  the  depart-
ment  for further care, or to such resident's home. Nothing contained in
this section shall be construed to prohibit  any  proprietary  ambulance
service  authorized by its governing body to do so from transporting any
sick or injured patient from any general hospital or other  health  care
facility licensed by the department whether or not such general hospital
or  health  care  facility is within the service's primary territory, to
any other general hospital or  health  care  facility  licensed  by  the
department  within  the service's primary territory for further care, or
to such patient's home, if such patient's home  is  within  its  primary
territory. Any ambulance service owned by or under contract to a general
hospital  licensed by the department may transport any specialty patient
from any other general hospital or health care facility licensed by  the
department  to the hospital owning such ambulance service, or with which
it has a contract. Categories of specialty patients shall be defined  by
rule  PROMULGATED  by  [the  state  emergency  medical services council,
subject to the approval of] the commissioner.
  4. No ambulance service certificate of an ambulance service which  has
discontinued operations for a continuous period in excess of thirty days
shall  be  transferable without the approval of the appropriate regional
[council] BOARD AND THE DEPARTMENT.
  S 92. Section 3011 of the public health law, as amended by chapter 804
of the laws of 1992, subdivision 3 as amended  and  subdivision  3-a  as
added  by  chapter 501 of the laws of 2000, subdivision 10 as amended by
chapter 206 of the laws of 2008 and subdivision 11 as added  by  chapter
542 of the laws of 1995, is amended to read as follows:
  S  3011.  Powers and duties of the department and the commissioner. 1.
THE COMMISSIONER SHALL ISSUE CERTIFICATION FOR CERTIFIED  FIRST  RESPON-
DER,  EMERGENCY MEDICAL TECHNICIAN OR ADVANCED EMERGENCY MEDICAL TECHNI-
CIAN TO AN INDIVIDUAL WHO MEETS THE MINIMUM REQUIREMENTS ESTABLISHED  BY
REGULATIONS.
  2.  THE  COMMISSIONER  SHALL  ISSUE  CERTIFICATION  FOR  AMBULANCE AND
ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICES WHO HAVE RECEIVED A DETER-

S. 6260--A                         58                         A. 9060--A

MINATION OF NEED BY THE APPROPRIATE REGIONAL ADVISORY BOARD AND MEET THE
MINIMUM REQUIREMENTS ESTABLISHED BY REGULATIONS.
  3. The department may inquire into the operation of ambulance services
and  advanced  life support first response services and conduct periodic
inspections of facilities, communication  services,  vehicles,  methods,
procedures,  materials,  [staff  and]  STAFFING,  RECORDS, equipment AND
QUALITY ASSURANCE ACTIVITIES AND DOCUMENTATION.   It may  also  evaluate
data  received  from  ambulance services and advanced life support first
response services.
  [2.] 4. The department may require  ambulance  services  and  advanced
life support first response services to submit periodic reports of calls
received, services performed and such other information as may be neces-
sary to carry out the provisions of this article.
  [3.]  5. THE COMMISSIONER, IN CONSULTATION WITH THE STATE BOARD, SHALL
DEVELOP STATEWIDE MINIMUM STANDARDS FOR: (A) MEDICAL CONTROL; (B)  SCOPE
OF  PREHOSPITAL  CARE PRACTICE; (C) TREATMENT, TRANSPORTATION AND TRIAGE
PROTOCOLS, INCLUDING PROTOCOLS FOR  INVASIVE  PROCEDURES  AND  INFECTION
CONTROL; AND (D) THE USE OF REGULATED MEDICAL DEVICES AND DRUGS BY EMER-
GENCY  MEDICAL  SERVICES  PERSONNEL  CERTIFIED PURSUANT TO THIS ARTICLE.
THE COMMISSIONER MAY ISSUE ADVISORY GUIDELINES IN ANY  OF  THESE  AREAS.
THE  DEPARTMENT  SHALL  REVIEW PROTOCOLS DEVELOPED BY REGIONAL EMERGENCY
MEDICAL ADVISORY COMMITTEES FOR CONSISTENCY WITH STATEWIDE STANDARDS.
  6. The commissioner, [with the advice and consent of the  state  coun-
cil] IN CONSULTATION WITH THE STATE BOARD, shall designate not more than
[eighteen]  SIX  geographic  areas  within  the state wherein a regional
[emergency medical services council]  BOARD  shall  be  established.  In
making  the  determination  of a geographic area, the commissioner shall
take into consideration the presence  of  ambulance  services,  hospital
facilities,  existing  emergency  medical  services  committees, trained
health personnel, health planning agencies and communication and  trans-
portation  facilities[;  and shall establish separate regional emergency
medical services councils for the counties of Nassau  and  Westchester].
The  commissioner  shall  [promote  and  encourage the establishment of]
ESTABLISH a regional [emergency medical services council] BOARD in  each
of said designated areas.
  [3-a. Notwithstanding any inconsistent provision of this article:
  a.  The creation of any regional council or emergency medical services
program agency on or after January first, two thousand shall not  dimin-
ish  any  then existing funding appropriated after the effective date of
this subdivision to regional  councils  or  emergency  medical  services
program agencies;
  b. Subject to the provisions of paragraph c of this subdivision, fund-
ing  for  regional councils and emergency medical services program agen-
cies existing on or after January first, two thousand shall be increased
in proportion to any funding appropriated therefor by the department and
in such proportion as determined by the department;
  c. Funding for any regional  council  or  emergency  medical  services
program  agency created on or after January first, two thousand shall be
in addition to any funds appropriated on  the  effective  date  of  this
subdivision  for regional councils or emergency medical services program
agencies existing on  January  first,  two  thousand.  Funding  for  any
regional  council  or  emergency medical services program agency created
after January first, two thousand shall be in an amount at  least  equal
to  the minimum funding level appropriated to regional councils or emer-
gency medical services program agencies existing on such date, or in  an
amount  equal  to the proportion that such new regional council or emer-

S. 6260--A                         59                         A. 9060--A

gency medical services program agency represented on the basis of  popu-
lation  in  its  former  regional  council or emergency medical services
program agency, whichever is larger.
  4.  The  commissioner may propose rules and regulations and amendments
thereto for consideration by the state  council.]  7.  The  commissioner
shall  establish a schedule of certification fees for ambulance services
and advanced life support first response services other  than  voluntary
ambulance  services  and  voluntary advanced life support first response
services.
  [5.] 8. For the purpose of promoting the  public  health,  safety  and
welfare  the commissioner is hereby authorized and empowered to contract
with voluntary ambulance services and municipal ambulance  services,  or
with  the fire commissioners of fire districts operating voluntary ambu-
lance services, upon such terms and conditions as he OR SHE  shall  deem
appropriate  and  within amounts made available therefor, for reimburse-
ment of the necessary and incidental costs incurred  by  such  ambulance
services in order to effectuate the provisions of this article.
  [6.]  9.  The  commissioner  is hereby authorized, for the purposes of
effectuating the provisions of this article  in  the  development  of  a
statewide  emergency  medical service system, to contract with any ambu-
lance service or with the fire commissioners of fire districts operating
certified voluntary ambulance services for the use of  necessary  equip-
ment  upon  such  terms  and  conditions  as the commissioner shall deem
appropriate.
  [7.] 10. THE DEPARTMENT AND COMMISSIONER SHALL  PREPARE,  AND  PERIOD-
ICALLY UPDATE AS NECESSARY, A STATEWIDE EMERGENCY MEDICAL SERVICES MOBI-
LIZATION  PLAN,  WHICH PROVIDES FOR THE IDENTIFICATION AND DEPLOYMENT OF
EMERGENCY MEDICAL SERVICES PERSONNEL AND RESOURCES THROUGHOUT THE  STATE
IN  RESPONSE  TO  A  LOCAL OR REGIONAL REQUEST. UPON NOTIFICATION TO THE
STATE BOARD, THE REGIONAL BOARDS, AND  THE  REGIONAL  EMERGENCY  MEDICAL
ADVISORY  COMMITTEES,  THE  PLAN  SHALL  BECOME  THE STATEWIDE EMERGENCY
MEDICAL SERVICES MOBILIZATION PLAN.
  11. The commissioner [may recommend to the state council minimum qual-
ifications] SHALL, IN CONSULTATION WITH THE  STATE  BOARD,  ESTABLISH  A
MINIMUM  SCOPE  OF  PRACTICE,  EDUCATION,  TRAINING,  CERTIFICATION  AND
CREDENTIALING QUALIFICATIONS  for  certified  first  responders  [(which
shall  not  exceed  fifty-one hours)], emergency medical technicians and
advanced emergency  medical  technicians  in  all  phases  of  emergency
medical  technology  including but not limited to, communications, first
aid,  equipment,  maintenance,  emergency  techniques  and   procedures,
patient  management  and knowledge of procedures and equipment for emer-
gency medical care.
  [8. The commissioner shall provide every certified  ambulance  service
and advanced life support first response service with an official insig-
nia which may be attached to every vehicle owned or operated by a certi-
fied ambulance service or advanced life support first response service.
  9. The department shall provide the state council with such assistance
as the council may request in order to carry out its responsibilities as
set  forth  in  subdivision  two-a of section three thousand two of this
article.
  10.] 12.  THE  DEPARTMENT  SHALL  REQUIRE  EVERY  CERTIFIED  AMBULANCE
SERVICE  AND  ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE TO DISPLAY AN
OFFICIAL INSIGNIA WHICH MUST BE ATTACHED TO EVERY VEHICLE OWNED OR OPER-
ATED BY A CERTIFIED AMBULANCE SERVICE OR  ADVANCED  LIFE  SUPPORT  FIRST
RESPONSE SERVICE.

S. 6260--A                         60                         A. 9060--A

  13.  The commissioner is hereby authorized and empowered to extend the
certification for  emergency  medical  technicians,  advanced  emergency
medical  technicians or certified first responders who have been ordered
to active military duty, other than for training, [on or after the elev-
enth  day  of  September, two thousand one] and whose certification will
expire during their military duty [or within the six months  immediately
following  separation from military service]. The extended certification
shall be for the period of military duty and  for  twelve  months  after
they have been released from active military duty.
  [11.]  14. The commissioner, [with the advice and consent of the state
council] IN CONSULTATION WITH THE STATE BOARD,  shall  promulgate  rules
and  regulations  necessary  to ensure compliance with the provisions of
subdivision two of section sixty-seven hundred thirteen of the education
law; AND MAY FACILITATE DEVELOPMENT AND PERIODIC REVISION  OF  APPROPRI-
ATENESS  REVIEW  STANDARDS  FOR EMERGENCY MEDICAL SERVICES AND EMERGENCY
DEPARTMENTS, PEDIATRIC SERVICES AND PEDIATRIC CENTERS,  TRAUMA  SERVICES
AND  TRAUMA  CENTERS,  BURN SERVICES AND BURN CENTERS, AND DISASTER CARE
UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER, FOR ADOPTION BY THE  COMMIS-
SIONER  OR STATE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, AS APPROPRI-
ATE.
  15. THE DEPARTMENT AND COMMISSIONER, IN CONSULTATION  WITH  THE  STATE
BOARD,  SHALL CONTINUE THE CATEGORIZATION OF GENERAL HOSPITALS AND OTHER
HEALTH CARE FACILITIES FOR EMERGENCY MEDICAL CARE AND TRAUMA CARE  UNDER
ARTICLE  TWENTY-EIGHT  OF THIS CHAPTER, AND THE DESIGNATION OF EMERGENCY
FACILITIES IN GENERAL HOSPITALS AND OTHER  HEALTH  CARE  FACILITIES,  AS
EMERGENCY  DEPARTMENTS  OR  EMERGENCY SERVICES APPROPRIATE FOR EMERGENCY
MEDICAL CARE AND GENERAL HOSPITALS AND OTHER HEALTH CARE  FACILITIES  AS
TRAUMA  CENTERS  OR  TRAUMA  STATIONS APPROPRIATE FOR TRAUMA CARE, BASED
UPON SUCH CATEGORIZATION.
  16.  THE DEPARTMENT AND COMMISSIONER, IN CONSULTATION WITH  THE  STATE
BOARD,  SHALL DEVELOP AND MAINTAIN A STATEWIDE SYSTEM FOR RECOGNITION OF
FACILITIES ABLE TO PROVIDE SUSTENTATIVE OR DEFINITIVE  SPECIALTY  PEDIA-
TRIC  EMERGENCY MEDICAL AND TRAUMA CARE FOR SUDDEN CHILDHOOD ILLNESS AND
INJURY AND FOR PREFERENTIAL TRANSPORT OF SUDDENLY ILL OR  INJURED  CHIL-
DREN TO SUCH FACILITIES, AND SHALL PROMOTE THE USE OF SUCH FACILITIES IN
ACCORDANCE WITH WRITTEN PROTOCOLS OR TRANSFER AGREEMENTS AS APPROPRIATE.
  17.  UPON  APPEAL OF ANY INTERESTED PARTY, THE COMMISSIONER MAY AMEND,
MODIFY, AND REVERSE DECISIONS OF THE STATE BOARD, ANY REGIONAL BOARD, OR
ANY REGIONAL EMERGENCY MEDICAL  ADVISORY  COMMITTEE;  PROVIDED  THAT  IN
CONSIDERATION OF A REGIONAL BOARD OR REGIONAL EMERGENCY MEDICAL ADVISORY
COMMITTEE  DECISION,  THE  COMMISSIONER SHALL CONSULT THE STATE ADVISORY
BOARD.
  S 93. Section 3012 of the public health law, as added by chapter  1053
of the laws of 1974, subdivision 1 as amended by chapter 445 of the laws
of 1993, subdivision 2 as amended by chapter 804 of the laws of 1992 and
subdivisions  3  and 4 as amended by chapter 252 of the laws of 1981, is
amended to read as follows:
  S 3012. Enforcement.   1.  Any  ambulance  service  or  advanced  life
support  first  response  service certificate issued pursuant to section
three thousand five of this article may be revoked,  suspended,  limited
or  annulled  by  the department upon proof that the operator or certif-
icate holder or one or more enrolled members or one or more  persons  in
his OR HER employ:
  (a)  has been guilty of misrepresentation in obtaining the certificate
or in the operation of the ambulance service or  advanced  life  support
first response service; or

S. 6260--A                         61                         A. 9060--A

  (b)  has  not  been  competent  in the operation of the service or has
shown inability to provide adequate ambulance services or advanced  life
support first response service; or
  (c)  has  failed  to  pay  the  biennial certification fee as required
[except in the case of any  voluntary  ambulance  service  or  voluntary
advanced life support first response service]; or
  (d)  has  failed to file any report required by the provisions of this
article or the rules and regulations promulgated thereunder; or
  (e) has violated  or  aided  and  abetted  in  the  violation  of  any
provision  of  this  article,  the  rules and regulations promulgated or
continued thereunder, or the state sanitary code; or
  (f) had discontinued operations for a period in excess of  one  month;
or
  (g)  a  voluntary ambulance service or voluntary advanced life support
first response service has failed to meet the minimum staffing  standard
and  has  not  been  issued  an exemption[, except that such certificate
shall not be suspended or revoked unless the commissioner finds that  an
adequate alternative service exists. The commissioner shall consider the
recommendation  of  the  regional  emergency medical services council in
making a finding]; or
  (h) an ambulance service operating for profit has failed to  meet  the
minimum staffing standard; or
  (i)  has  been  convicted  of  a crime or pleaded nolo contendere to a
felony charge involving murder,  manslaughter,  assault,  sexual  abuse,
theft,  robbery,  fraud,  embezzlement,  drug  abuse,  or sale of drugs,
unless the commissioner finds that such conviction does not  demonstrate
a present risk or danger to patients or the public; or
  (j)  is  or  was  subject  to  a state or federal administrative order
relating to fraud or embezzlement, unless the  commissioner  finds  that
such  order does not demonstrate a present risk or danger to patients or
the public.
  2. Proceedings under this section may  be  initiated  by  any  person,
corporation, association, or public officer, or by the department by the
filing  of written charges with the department.  Whenever the department
seeks revocation or suspension of a certificate of an ambulance  service
or an advanced life support first response service, a copy of the charg-
es  shall  be  referred  to the appropriate regional [council] BOARD for
review and recommendation to the department prior to  a  hearing.  [Such
recommendation  shall  include  a determination as to whether the public
need would be served by a revocation, suspension, annulment  or  limita-
tion. If there is no appropriate regional council established, the state
council  shall make such determination and present to the department its
recommendations.]
  3. No certificate shall be revoked, [suspended,] limited  or  annulled
without a hearing. However, a certificate may be [temporarily] suspended
without  a  hearing and without the [approval] REVIEW of the appropriate
regional [council] BOARD or state [council] BOARD for a  period  not  in
excess  of  [thirty]  NINETY  days upon notice to the certificate holder
following a finding by the department that the public health, safety  or
welfare is in imminent danger.
  4.  The  [commissioner]  DEPARTMENT shall fix a time and place for the
hearing. A copy of the charges and the recommendations of the  appropri-
ate  regional [council] BOARD or state [council] BOARD together with the
notice of the time and place of the hearing,  shall  be  mailed  to  the
certificate holder by registered or certified mail, at the address spec-
ified  on  the  certificate, at least fifteen days before the date fixed

S. 6260--A                         62                         A. 9060--A

for the hearing. The appropriate regional [council] BOARD may be a party
to such hearing. The certificate holder may file  with  the  department,
not  less  than  five days prior to the hearing, a written answer to the
charges.
  S 94. Section 3016 of the public health law, as amended by chapter 252
of the laws of 1981, is amended to read as follows:
  S  3016.  Continuance  of rules and regulations.   All rules and regu-
lations heretofore adopted by the commissioner pertaining to  all  ambu-
lance OR ADVANCED LIFE SUPPORT FIRST RESPONSE services shall continue in
full  force  and  effect as rules and regulations until duly modified or
superseded by rules and regulations hereafter adopted and enacted by the
[state council pursuant to section three thousand two of  this  article]
COMMISSIONER.
  S 95. Section 3017 of the public health law is REPEALED.
  S  96.  Section 3030 of the public health law, as added by chapter 439
of the laws of 1979, is amended to read as follows:
  S 3030.  Advanced  life  support  services.    Advanced  life  support
services  provided by an advanced emergency medical technician, shall be
(1) provided under the direction of qualified medical and health person-
nel utilizing patient information  and  data  transmitted  by  voice  or
telemetry,  (2)  limited  to  the  category  or  categories in which the
advanced emergency medical technician  is  certified  pursuant  to  this
article,  [and]  (3)  recorded for each patient, on an individual treat-
ment-management record, AND (4) LIMITED TO PARTICIPATION IN  AN  ADVANCE
LIFE SUPPORT SYSTEM.
  S  97.  Section 3031 of the public health law, as added by chapter 439
of the laws of 1979, is amended to read as follows:
  S 3031. Advanced life support system.   Advanced life  support  system
must  (1)  be under the overall supervision and direction of a qualified
physician [with respect to the advanced life support services provided],
(2) UTILIZE ADVANCED LIFE SUPPORT PROTOCOLS DEVELOPED  BY  THE  REGIONAL
EMERGENCY  MEDICAL  ADVISORY COMMITTEE AND APPROVED BY THE COMMISSIONER,
(3) be staffed by qualified medical  and  health  personnel,  [(3)]  (4)
utilize  advanced  emergency  medical technicians whose certification is
appropriate to the advanced life support services  provided,  [(4)]  (5)
utilize  advanced  support mobile units appropriate to the advanced life
support services provided, [(5)]  (6)  maintain  a  treatment-management
record  for  each  patient receiving advanced life support services, and
[(6)] (7) be integrated with a hospital emergency, intensive care, coro-
nary care or other appropriate service.
  S 98. Section 3032 of the public health law, as amended by chapter 445
of the laws of 1993, is amended to read as follows:
  S 3032. Rules and regulations.  The [state council, with the  approval
of  the]  commissioner,  IN  CONSULTATION  WITH  THE  STATE BOARD, shall
promulgate rules and regulations to effectuate the purposes of  sections
three thousand thirty and three thousand thirty-one of this article.
  S  99.  Section 3052 of the public health law, as added by chapter 727
of the laws of 1986, is amended to read as follows:
  S 3052. Establishment of a  training  program  for  emergency  medical
services  personnel.   1. There is hereby established a training program
for emergency medical services personnel including, but not limited  to,
first  responders,  emergency  medical  technicians,  advanced emergency
medical technicians and emergency vehicle operators.
  1-A. SUCH TRAINING PROGRAM MAY  USE  ANY  COMBINATION  OF  COURSEWORK,
TESTING,  CONTINUING  EDUCATION  AND  CONTINUOUS PRACTICE TO PROVIDE THE
MEANS BY WHICH SUCH PERSONNEL, INCLUDING INSTRUCTOR LEVEL PERSONNEL, MAY

S. 6260--A                         63                         A. 9060--A

BE TRAINED AND CERTIFIED. THE PROGRAM MAY INCLUDE MEANS THAT  ALLOW  FOR
CERTIFICATION  OF  EMERGENCY  MEDICAL TECHNICIANS AND ADVANCED EMERGENCY
MEDICAL TECHNICIANS WITHOUT THE REQUIREMENT OF PRACTICAL SKILLS OR WRIT-
TEN EXAMINATION.
  1-B.  THE  COMMISSIONER,  IN  CONSULTATION WITH THE STATE BOARD, SHALL
DEVELOP SUCH TRAINING PROGRAM, PROMULGATING RULES AND REGULATIONS AS MAY
BE NECESSARY FOR ADMINISTRATION AND COMPLIANCE.
  2. The commissioner shall provide state aid within the  amount  appro-
priated  to  entities  such  as  local  governments, regional [emergency
medical services councils] BOARDS, and voluntary agencies and  organiza-
tions to conduct training courses for emergency medical services person-
nel  and  to  conduct  practical  examinations for certification of such
personnel. The commissioner shall establish a schedule  for  determining
the amount of state aid provided pursuant to this section.
  a.  Such  schedule  may  include varying rates for distinct geographic
areas of the state and for various course sizes, giving special  consid-
eration  to  areas  with  the most need for additional emergency medical
technicians. In determining the need for  additional  emergency  medical
technicians, the commissioner shall use measurements such as the average
number of emergency medical technicians per ambulance service, the ratio
of  emergency medical technicians per square mile, the average number of
calls per service and the percentage of  calls  to  which  an  emergency
medical technician has responded, provided such data is available to the
commissioner.
  b.  Such  schedule  shall  provide  sufficient reimbursement to permit
sponsors to offer  basic  emergency  medical  technician  courses  which
adhere  to  curricula  approved by the [New York state emergency medical
services council and  the]  commissioner  without  the  need  to  charge
tuition to participants.
  3.  Upon  request, the [commissioner] DEPARTMENT shall provide manage-
ment advice and technical  assistance  to  regional  [emergency  medical
services  councils]  BOARDS, county emergency medical services coordina-
tors, and course sponsors and instructors to stimulate  the  improvement
of  training  courses  and  the  provision  of courses in a manner which
encourages participation.  Such  advice  and  technical  assistance  may
relate  to,  but  need  not  be  limited to the location, scheduling and
structure of courses.
  4. The department is authorized, either directly or through contractu-
al arrangement, to develop and distribute training materials for use  by
course  instructors  and sponsors, to recruit additional instructors and
sponsors and to provide training courses for instructors.
  [5. The commissioner  shall  conduct  a  public  service  campaign  to
recruit  additional  volunteers  to  join ambulance services targeted to
areas in need for additional emergency medical technicians.]
  S 100. Section 3053 of the public health law, as  amended  by  chapter
445 of the laws of 1993, is amended to read as follows:
  S  3053. Reporting.  Advanced life support first response services and
ambulance services [registered or] certified pursuant to article  thirty
of  this chapter shall submit detailed individual call reports on a form
to be [provided] DETERMINED by the department, or may submit data  elec-
tronically in a format approved by the department.  The [state emergency
medical  services  council,  with  the approval of the] commissioner, IN
CONSULTATION WITH THE STATE  BOARD,  may  adopt  rules  and  regulations
permitting  or  requiring  ambulance  AND  ADVANCED  LIFE  SUPPORT FIRST
RESPONSE services whose volume exceeds [twenty thousand calls per  year]
A  SPECIFIED ANNUAL THRESHOLD to submit call report data electronically.

S. 6260--A                         64                         A. 9060--A

Such rules shall define the data  elements  to  be  submitted,  and  may
include  requirements  that  assure availability of data to the REGIONAL
BOARDS AND regional emergency medical advisory [committee] COMMITTEES.
  S 101. Articles 30-B and 30-C of the public health law are REPEALED.
  S  102. Subdivisions 3 and 4 of section 97-q of the state finance law,
as added by chapter 804 of the laws of 1992,  are  amended  to  read  as
follows:
  3.  Moneys  of  the account, when allocated, shall be available to the
department of health for the purpose of funding the training of emergen-
cy medical services personnel, and  funding  as  shall  be  provided  by
appropriation for the [state] OPERATION OF THE STATE'S emergency medical
services  [council,  regional emergency medical services councils, emer-
gency medical services  program  agencies  or  other  emergency  medical
services  training  programs] SYSTEM, in order to carry out the purposes
of articles thirty and thirty-A of the public health law.
  4. [Not less than fifty percent of the]  THE  monies  of  the  account
shall  be  expended  for the direct costs of providing emergency medical
services training at the local level.  [The legislature  shall  annually
appropriate  from  the remaining available monies, funding for the state
emergency medical  services  council,  the  regional  emergency  medical
services  councils, the emergency medical services program agencies and]
ANNUAL APPROPRIATIONS SHALL BE USED TO ENABLE the department  of  health
[in  order  to carry out] TO ACHIEVE the purposes of articles thirty and
thirty-A of the public health law. At the end of any  fiscal  year,  any
funds  not  encumbered  for  these purposes shall be reallocated for the
costs of training advanced life support personnel.
  S 103. Paragraph 4 of subdivision a of section 19-162.2 of the  admin-
istrative  code of the city of New York, as added by local law number 40
of the city of New York for  the  year  1997,  is  amended  to  read  as
follows:
  4.  "certified first responder" shall mean an individual who meets the
minimum requirements established by  [regulations  pursuant  to  section
three thousand two] THE COMMISSIONER OF HEALTH PURSUANT TO ARTICLE THIR-
TY of the public health law and who is responsible for administration of
initial life saving care of sick and injured persons.
  S  104. Subdivision 1-a of section 122-b of the general municipal law,
as amended by chapter 303 of the laws of 1980, is  amended  to  read  as
follows:
  1-a. As used in this section:
  (a)  "Emergency  medical technician" means an individual who meets the
minimum requirements established by  [regulations  pursuant  to  section
three thousand two] THE COMMISSIONER OF HEALTH PURSUANT TO ARTICLE THIR-
TY of the public health law and who is responsible for administration or
supervision  of  initial  emergency  medical assistance and handling and
transportation of sick, disabled or injured persons.
  (b) "Advanced emergency medical technician" means an emergency medical
technician who has satisfactorily completed an advanced course of train-
ing approved by the [state council under regulations pursuant to section
three thousand two] COMMISSIONER OF HEALTH PURSUANT TO ARTICLE THIRTY of
the public health law.
  S 105. Subparagraph (iii) of paragraph (e) of subdivision 3 of section
219-e of the general municipal law, as added by chapter 514 of the  laws
of 1998, is amended to read as follows:
  (iii)  A volunteer ambulance worker appointed to serve on the New York
state emergency medical services [council, the state  emergency  medical
advisory   committee]  ADVISORY  BOARD,  a  regional  emergency  medical

S. 6260--A                         65                         A. 9060--A

services [council] ADVISORY BOARD or a regional emergency medical  advi-
sory  committee,  established  pursuant  to article thirty of the public
health law shall also be eligible to receive one point per meeting.
  S 106. Subparagraph (iii) of paragraph (e) of subdivision 3 of section
219-m  of the general municipal law, as added by chapter 558 of the laws
of 1998, is amended to read as follows:
  (iii) A volunteer ambulance worker appointed to serve on the New  York
state  emergency  medical services [council, the state emergency medical
advisory  committee]  ADVISORY  BOARD,  a  regional  emergency   medical
services  [council] ADVISORY BOARD or a regional emergency medical advi-
sory committee, established pursuant to article  thirty  of  the  public
health law shall also be eligible to receive one point per meeting.
  S  107.  Subdivision 2 of section 10 of the workers' compensation law,
as added by chapter 872 of the laws of  1985,  is  amended  to  read  as
follows:
  2.  Notwithstanding  any  other  provisions of this chapter, an injury
incurred by an individual currently employed  as  an  emergency  medical
technician  or an advanced emergency medical technician who is certified
pursuant to [section three thousand two] ARTICLE THIRTY  of  the  public
health  law,  while  voluntarily  and  without  expectation  of monetary
compensation rendering medical assistance at the scene  of  an  accident
shall  be  deemed to have arisen out of and in the course of the employ-
ment with  that  emergency  medical  technician  or  advanced  emergency
medical technician's current employer.
  S  108. Subdivision 1 of section 580 of the executive law, as added by
chapter 300 of the laws of 2000, is amended to read as follows:
  1. Creation; members. There is hereby created  in  the  department  of
state  an  emergency services council, the members of which shall be the
directors of the office of fire prevention and control,  the  bureau  of
emergency  medical  services  and the state emergency management office,
the superintendent of state police,  the  commissioner  of  health,  the
secretary of state and the director of state operations who shall be the
chairperson unless otherwise appointed by the governor. There shall also
be two representatives appointed by the state emergency medical services
[council]  ADVISORY  BOARD,  one  of  whom  shall be a representative of
volunteer ambulance service and one of whom shall be a representative of
proprietary ambulance service; two representatives appointed by the fire
advisory board, one of which shall be representative of  volunteer  fire
service  and  one of which shall be representative of paid fire service;
one representative shall  be  appointed  by  the  disaster  preparedness
commission;  one  physician  shall  be appointed by the [state emergency
medical advisory committee]  COMMISSIONER  OF  HEALTH;  one  appointment
shall  be  made  by  the  governor; one appointment shall be made by the
temporary president of the senate; and one appointment shall be made  by
the speaker of the assembly.
  S  109. Section 804-d of the education law, as added by chapter 315 of
the laws of 2005, is amended to read as follows:
  S 804-d. Automated external  defibrillator  instruction.  Instructions
regarding  the  correct use of an automated external defibrillator shall
be included as a part of the health education curriculum in  all  senior
high  schools  when  cardiopulmonary  resuscitation instruction is being
provided as authorized by section eight hundred four-c of this  article.
In  addition  to  the  requirement that all teachers of health education
shall be certified to teach health, persons instructing  pupils  in  the
correct  use  of  automated  external defibrillators shall possess valid
certification by a nationally  recognized  organization  or  the  [state

S. 6260--A                         66                         A. 9060--A

emergency  medical  services  council]  COMMISSIONER  OF HEALTH offering
certification in the operation of an  automated  external  defibrillator
and in its instruction.
  S 110. Section 2407 of the public health law is REPEALED.
  S  111.  Subdivision  5  of  section  2409 of the public health law is
REPEALED and subdivisions 6 and 7 are renumbered subdivisions 5 and 6.
  S 112. The public health law is amended by adding a new section 2409-a
to read as follows:
  S 2409-A. ADVISORY COUNCIL. 1. THERE  IS  HEREBY  ESTABLISHED  IN  THE
DEPARTMENT  THE BREAST, CERVICAL AND OVARIAN CANCER DETECTION AND EDUCA-
TION PROGRAM ADVISORY COUNCIL, FOR THE PURPOSE OF ADVISING  THE  COMMIS-
SIONER WITH REGARDS TO PROVIDING INFORMATION TO CONSUMERS, PATIENTS, AND
HEALTH CARE PROVIDERS RELATING, BUT NOT LIMITED TO, BREAST, CERVICAL AND
OVARIAN CANCER, INCLUDING SIGNS AND SYMPTOMS, RISK FACTORS, THE BENEFITS
OF PREVENTION AND EARLY DETECTION, GUIDELINE CONCORDANT CANCER SCREENING
AND  DISEASE  MANAGEMENT,  OPTIONS FOR DIAGNOSTIC TESTING AND TREATMENT,
NEW TECHNOLOGIES, AND SURVIVORSHIP.
  2. THE ADVISORY COUNCIL SHALL MAKE RECOMMENDATIONS TO  THE  DEPARTMENT
REGARDING  THE  PROMOTION  AND IMPLEMENTATION OF PROGRAMS UNDER SECTIONS
TWENTY-FOUR HUNDRED SIX AND TWENTY-FOUR HUNDRED NINE OF THIS TITLE.
  3. THE COMMISSIONER SHALL APPOINT  TWENTY-ONE  VOTING  MEMBERS,  WHICH
SHALL  INCLUDE  REPRESENTATION  OF HEALTH CARE PROFESSIONALS, CONSUMERS,
PATIENTS AND OTHER APPROPRIATE INTEREST REFLECTIVE OF THE  DIVERSITY  OF
THE STATE, WITH EXPERTISE IN BREAST, CERVICAL AND/OR OVARIAN CANCER. THE
COMMISSIONER  SHALL  APPOINT ONE MEMBER AS A CHAIRPERSON. THE MEMBERS OF
THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT  SHALL
BE  ALLOWED  THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN PERFORMANCE
OF THEIR DUTIES.
  4. A MAJORITY OF THE APPOINTED VOTING MEMBERSHIP OF  THE  BOARD  SHALL
CONSTITUTE QUORUM.
  5.  THE  ADVISORY  COUNCIL  SHALL  MEET  AT LEAST TWICE A YEAR, AT THE
REQUEST OF THE DEPARTMENT.
  S 113. Section 844-a of the executive law is REPEALED.
  S 114. This act shall take effect immediately; provided that:
  (a) the amendments to the  opening  paragraph  of  subdivision  15  of
section  13-0309  of the environmental conservation law, made by section
seventy-four of this act, shall take effect on  the  same  date  as  the
reversion of such subdivision as provided in section 2 of chapter 158 of
the laws of 2011, as amended.
  (b) the amendments to section 3005-b of the public health law, made by
section  eighty-seven  of  this  act shall not affect the repeal of such
section and shall be deemed repealed therewith;
  (c) sections forty-one,  forty-two,  forty-three,  forty-four,  forty-
five,  forty-six  and forty-seven of this act shall take effect upon the
resolution of all appeals pending before the freshwater  appeals  board;
provided, however, that such board, created by title 11 of article 24 of
the  environmental conservation law, as repealed by section forty-one of
this act, shall not accept any new cases as of  the  effective  date  of
this act; and
  (d)  the  commissioner of the department of environmental conservation
shall notify the legislative bill drafting commission  upon  the  resol-
ution  of  all  appeals  pending  before the freshwater appeals board in
order that the commission may maintain an accurate and timely  effective
date data base of the official text of the laws of the state of New York
in  furtherance  of  effectuating  the  provisions  of section 44 of the
legislative law and section 70-b of the public officers law.

S. 6260--A                         67                         A. 9060--A

  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through D of this act shall  be
as specifically set forth in the last section of such Parts.

S6260B - Bill Details

See Assembly Version of this Bill:
A9060C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6260B - Bill Texts

view summary

Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2012-2013 state fiscal year; relates to supervision and regulation of the state gaming industry; relates to the state gaming commission (Part A); relates to transferring Belleayre Mountain ski center from the department of environmental conservation to the Olympic regional development authority (Part C); repeals provisions of law relating to direct marketing advisory councils for regional marketing areas; repeals provisions of law relating to the agricultural transportation review panel; repeals provisions of law relating to the Hudson valley agricultural advisory council; repeals provisions of law relating to the statewide wireless network advisory council; repeals provisions of law relating to the child welfare research advisory panel; repeals provisions of law relating to the boards of visitors; repeals provisions of law relating to the upstate and downstate New York tourism councils; repeals provisions of law relating to the upstate New York tourism council fund; repeals provisions of law relating to removing reference to the upstate and downstate New York tourism councils; repeals provisions of law relating to the solid waste management board; relates to removing reference to the solid waste management board; relates to doing away with a technical advisory committee and the hazardous waste disposal advisory committee; repeals provisions of law relating to the tow truck advisory board; repeals provisions of law relating to the advisory council within the New York state conservation corps; repeals provisions of law relating to the armored car carrier advisory board; relates to removing reference to the armored car carrier advisory board; repeals provisions of law relating to the Long Island Sound coastal advisory commission; repeals provisions of law relating to the barbers board; relates to doing away with the advisory committee on legal advocacy; repeals provisions of law relating to the veterans' hall of fame and the New York state veterans' hall of fame council; repeals provisions of law relating to appeal and review of matters affecting freshwater wetlands; relates to appeal and reviews of matters affecting freshwater wetlands; repeals provisions of law relating to the state environmental board; relates to removing reference to the state environmental board; repeals provisions of law relating to the regional forest practice boards and the state forest practice board; relates to removing reference to the regional forest practice boards; repeals provisions of law relating to the state home inspection council; relates to removing reference to the state home inspection council; repeals provisions of law relating to the advisory committee on the business of installing security or fire alarm systems; repeals provisions of law relating to the organic food advisory committee; repeals provisions of law relating to the New York state veterinary diagnostic laboratory; relates to duties of the New York state veterinary diagnostic laboratory and in relation to the New York state animal health issues committee; repeals provisions of law relating to the surf clam/ocean quahog management advisory board; relates to removing reference to the surf clam/ocean quahog management advisory board; repeals provisions of law relating to the breast and cervical cancer detection and education program advisory council and the ovarian cancer information advisory council; relates to creating the breast, cervical and ovarian cancer detection and education program advisory council; repeals provisions of law relating to the New York statewide law enforcement telecommunications committee (Part D).

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

                                 6260--B

                            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

AN ACT intentionally omitted (Part A); intentionally omitted  (Part  B);
  to amend the public authorities law, in relation to Belleayre Mountain
  ski center (Part C); and to repeal section 285-a and subdivision 12 of
  section  283  of  the  agriculture and markets law, relating to direct
  marketing advisory councils for regional marketing  areas;  to  repeal
  section 7 of chapter 654 of the laws of 1994, amending the transporta-
  tion  law and other laws relating to equipment requirements for regis-
  tered farm  vehicles,  relating  to  the  agricultural  transportation
  review  panel;  to repeal section 285-b of the agriculture and markets
  law, relating to the Hudson valley agricultural advisory  council;  to
  repeal  article  4 of the state technology law, relating to the state-
  wide wireless network advisory council; to repeal section 372-a of the
  social services law, relating to the child welfare  research  advisory
  panel;  to  amend  the  public health law, in relation to provision of
  information about the  abandoned  infant  protection  act;  to  repeal
  sections  520  and 521 of the executive law, relating to the boards of
  visitors; to repeal article 28 of the executive law and paragraph  (p)
  of subdivision 1 of section 17 of the public officers law, relating to
  the upstate and downstate New York tourism councils; to repeal section
  92-y  of the state finance law, relating to the upstate New York tour-
  ism council fund; to amend the highway law and the education  law,  in
  relation  to  removing reference to the upstate and downstate New York
  tourism councils; to repeal section 120 of  the  economic  development
  law,  relating  to  the advisory board within the division of minority
  and women's business development; to repeal  section  27-0702  of  the
  environmental conservation law, relating to the solid waste management
  board;  to  amend  the  environmental  conservation  law and the state
  finance law, in relation to removing  reference  to  the  solid  waste
  management  board; to amend the public authorities law, in relation to
  doing away with a technical advisory committee and the hazardous waste
  disposal advisory committee and to repeal certain  provisions  of  law

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12675-04-2

S. 6260--B                          2

  relating  thereto;  to repeal section 216-b of the vehicle and traffic
  law, relating to the tow truck advisory board; to repeal  section  191
  of  the executive law, relating to the temporary advisory committee on
  restoration  and display of New York state's military battle flags; to
  repeal subdivision 9 of section 3.23  of  the  parks,  recreation  and
  historic preservation law, relating to the advisory council within the
  New  York  state  conservation  corps; to repeal section 89-mmm of the
  general business law, relating  to the armored  car  carrier  advisory
  board;  to  amend  the  executive law and the general business law, in
  relation to removing reference to the  armored  car  carrier  advisory
  board  and  to  repeal  certain provisions of the general business law
  relating thereto; to repeal section 923 of the executive law, relating
  to the Long Island Sound coastal advisory commission; to repeal subdi-
  vision 14 of section 601 and sections 611 and  612  of  the  executive
  law,  relating  to the manufactured housing advisory council; to amend
  the executive law, in relation to removing reference to  the  manufac-
  tured housing advisory council; to repeal section 433-a of the general
  business  law,  relating  to  the  barbers  board; to amend the social
  services law, in relation to doing away with the advisory committee on
  legal advocacy; to repeal subdivisions 8 and 9 of section 350,  subdi-
  vision  16  of  section  353,  and  sections 365, 365-a, 365-b, 365-c,
  365-d, 365-e, 365-f and 365-g of the executive law,  relating  to  the
  veterans'  hall  of fame and the New York state veterans' hall of fame
  council; to repeal section 154 of the labor law, relating to the child
  performer advisory board to prevent eating disorders; to repeal  title
  11  of  article  24 of the environmental conservation law, relating to
  appeal and review of matters affecting freshwater wetlands;  to  amend
  the  environmental conservation law, in relation to appeal and reviews
  of matters affecting freshwater wetlands; to repeal subdivision  3  of
  section  1-0303,  article  5,  section  19-0917  and  subdivision 4 of
  section 29-0103 of the environmental conservation law, relating to the
  state environmental board; to  amend  the  environmental  conservation
  law,  in  relation  to  removing  reference to the state environmental
  board; to repeal sections 9-0705, 9-0707, 9-0709  and  9-0711  of  the
  environmental  conservation law, relating to the regional forest prac-
  tice boards and the state forest practice board; to amend the environ-
  mental conservation law, in relation  to  removing  reference  to  the
  regional  forest  practice  boards; to repeal subdivision 1 of section
  444-b of the real property law, relating to the state home  inspection
  council;  to  amend  the  real  property  law, in relation to removing
  reference to the state home inspection council; to repeal  subdivision
  6  of  section  69-n  of  the general business law, in relation to the
  advisory committee on the business  of  installing  security  or  fire
  alarm  systems;  to repeal chapter 868 of the laws of 1976 relating to
  the organic food  advisory  committee,  relating  thereto;  to  repeal
  subdivisions  6,  7,  8,  and 9 of section 73-b of the agriculture and
  markets law, relating to the  New  York  state  veterinary  diagnostic
  laboratory;  to  amend the agriculture and markets law, in relation to
  duties of the New York state veterinary diagnostic laboratory  and  in
  relation  to  the  New  York  state animal health issues committee; to
  repeal section 13-0308 of the environmental conservation law, relating
  to the surf clam/ocean quahog management advisory board; to amend  the
  environmental  conservation law and the state finance law, in relation
  to removing reference to the surf clam/ocean quahog  management  advi-
  sory  board;  to repeal section 2407 and subdivision 5 of section 2409
  of the public health law, relating to the breast and  cervical  cancer

S. 6260--B                          3

  detection  and  education  program  advisory  council  and the ovarian
  cancer information advisory council; to amend the public  health  law,
  in  relation  to  creating  the  breast,  cervical  and ovarian cancer
  detection  and  education  program  advisory  council;  and  to repeal
  section 844-a of the executive law, relating to the New York statewide
  law enforcement telecommunications committee (Part D)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2012-2013
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through D. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A
                          Intentionally Omitted

                                 PART B
                          Intentionally Omitted

                                 PART C

  Section  1.  Section  2607 of the public authorities law is amended by
adding a new subdivision 8 to read as follows:
  8. THE TERM "BELLEAYRE MOUNTAIN SKI CENTER" SHALL MEAN THE STATE OWNED
SKI CENTER LOCATED IN THE TOWN OF SHANDAKEN, ULSTER COUNTY, AS  WELL  AS
APPURTENANT FACILITIES USED IN CONJUNCTION WITH THE RECREATIONAL MISSION
OF  THE  SKI CENTER DURING THE CALENDAR YEAR, AND SHALL ALSO INCLUDE ALL
SKI TRAILS NOW EXISTING OR HEREINAFTER CREATED WHICH ARE A PART  OF  THE
SKI  CENTER. THE APPURTENANT FACILITIES SHALL BE DEFINED SPECIFICALLY BY
THE AUTHORITY AND THE COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION  AND
SUCH  DEFINITION SHALL BE FILED IN THE OFFICES OF THE AUTHORITY AND WITH
THE CLERKS OF THE TOWNS OF SHANDAKEN, ULSTER COUNTY  AND  MIDDLETOWN  IN
DELAWARE COUNTY.
  S  2.  Section 2608 of the public authorities law, as added by chapter
404 of the laws of 1981, subdivision 1 as amended by chapter 592 of  the
laws  of  1984,  subdivision  2  as amended by chapter 55 of the laws of
1992, subdivisions 3 and 4 as amended by chapter 99 of the laws of 1984,
is amended to read as follows:
  S 2608. New York state olympic regional development authority. 1.  For
the purposes of effectuating the policy declared in  section  twenty-six
hundred  six  of this title, there is hereby created the "New York state
olympic regional development authority", referred to in  this  title  as
"the  authority", which shall be a body corporate and politic constitut-
ing a public benefit corporation. The authority shall consist  of  [ten]

S. 6260--B                          4

TWELVE  members who shall be the commissioner of environmental conserva-
tion, the commissioner of [commerce] ECONOMIC DEVELOPMENT,  the  commis-
sioner  of  parks, recreation and historic preservation and [seven] NINE
persons  to  be  appointed  by  the governor, by and with the advice and
consent of the senate. Of the [seven]  NINE  persons  appointed  by  the
governor,  by  and  with  the advice and consent of the senate, one each
shall be appointed upon the recommendation of the temporary president of
the senate and the speaker of  the  assembly.    Three  of  the  persons
appointed  by  the  governor,  by and with the advice and consent of the
senate shall be appointed upon the recommendation of the town  board  of
the  town of North Elba and shall be residents of the park district. TWO
PERSONS SHALL BE APPOINTED BY THE GOVERNOR, BY AND WITH THE  ADVICE  AND
CONSENT OF THE SENATE, ONE OF WHOM SHALL RESIDE IN ULSTER COUNTY AND THE
OTHER  OF  WHOM  SHALL  RESIDE  IN  DELAWARE  COUNTY. One of the persons
appointed by the governor, by and with the advice  and  consent  of  the
senate,  shall  be  a  resident  of  Warren county.   The governor shall
appoint a [chairman and] CHAIRPERSON, a [vice chairman] VICE-CHAIRPERSON
AND A SECOND VICE-CHAIRPERSON from among  any  of  the  members  of  the
authority and such [chairman and vice chairman] CHAIRPERSON, VICE-CHAIR-
PERSON  AND  SECOND  VICE-CHAIRPERSON shall serve at the pleasure of the
governor, provided, however, that the [vice  chairman]  VICE-CHAIRPERSON
shall  be  appointed  on  the  recommendation of the town board of North
Elba; AND THE SECOND VICE-CHAIRPERSON SHALL BE APPOINTED UPON THE RECOM-
MENDATION OF THE TOWN BOARDS OF THE TOWN OF SHANDAKEN IN  ULSTER  COUNTY
AND THE TOWN OF MIDDLETOWN IN DELAWARE COUNTY; AND MUST BE A RESIDENT OF
ULSTER  OR  DELAWARE  COUNTIES; WITH A MAJORITY VOTE OF THE COMBINED TWO
TOWN BOARDS DETERMINING WHO SHALL BE RECOMMENDED  TO  THE  GOVERNOR  FOR
APPOINTMENT  OF THAT POSITION.  From among any candidates recommended by
the chairman, the members  shall  appoint  a  president/chief  executive
officer of the authority.
  The  members first appointed by the governor shall be appointed within
thirty days of the effective date of this title. THE  MEMBERS  APPOINTED
AS  A RESULT OF THE ENACTMENT OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
TWELVE WHICH AMENDED  THIS  SECTION,  CONSISTING  OF  THE  ELEVENTH  AND
TWELFTH  BOARD  MEMBERS,  SHALL  BE  APPOINTED WITHIN NINETY DAYS OF THE
EFFECTIVE DATE OF SUCH CHAPTER. The FIRST members [first]  appointed  by
the  governor  upon the recommendation of the temporary president of the
senate and the speaker of the assembly shall serve terms of three  years
respectively  from January first next succeeding their appointment.  The
remaining four members first appointed by the governor shall serve terms
of one, two, four and five years respectively from  January  first  next
succeeding their appointment. The fifth member appointed by the governor
shall  serve a term of two years from January first, next succeeding his
or her appointment. Each appointment of a member following  the  expira-
tion  of  the  original  terms of the appointment shall be for a term of
five years. THE MEMBERS APPOINTED BY THE GOVERNOR WHO  ARE  REQUIRED  TO
RESIDE IN EITHER DELAWARE OR ULSTER COUNTIES OR IN THE TOWNS OF SHANDAK-
EN  OR  MIDDLETOWN  SHALL  BE APPOINTED FOR TERMS OF FOUR YEARS. Members
shall continue to hold office until their successors have been appointed
and qualified. In the event of a vacancy occurring during the term of  a
member's  appointment, by reason of death, resignation, disqualification
or otherwise, such vacancy shall be filled for the unexpired term in the
same manner as the original appointment.
  2. The members of the authority shall not receive a  salary  or  other
compensation  for  their  services  as members of the authority but each
member shall be allowed  reimbursement  for  the  necessary  and  actual

S. 6260--B                          5

expenses  which  he  or she shall incur in the performance of his or her
duties under this title.
  3.  The  president/chief executive officer shall serve at the pleasure
of the members and shall be responsible for the discharge of the  execu-
tive  and administrative functions and exercise of any power or function
of the authority.
  4. [Six] SEVEN members of the authority shall constitute a quorum  for
the transaction of any business or the exercise of any power or function
of  the  authority.  The  authority  may  delegate to one or more of its
members, officers, agents and employees, such powers and  duties  as  it
may  deem  proper.  The  commissioner of environmental conservation, the
commissioner of [commerce] ECONOMIC  DEVELOPMENT,  the  commissioner  of
parks and recreation and any other member of the authority who is a full
time  employee of the state or who holds public office may designate one
person from his department or from the public corporation  in  which  he
holds  a public office to represent him at all meetings of the authority
from which such member may be absent. Any representative  so  designated
shall have the power to attend and to vote at any meeting of the author-
ity  from  which  the member so designating him is absent, with the same
force and effect as if the  member  designating  him  were  present  and
voting.  Such  designation  shall  be  by  written notice filed with the
chairman of the authority by the member making the designation and shall
be for a term of one year or until such representative shall  resign  or
shall  no  longer  be  employed  by  the department of which such member
making the designation is an employee or by the  public  corporation  of
which  such member making the designation holds a public office or until
revoked by the person making such designation.  Such  designation  shall
not  limit  the power of the member making the designation to attend and
vote in person at any meeting of the authority.
  5. The authority shall  be  a  "state  agency"  for  the  purposes  of
sections seventy-three and seventy-four of the public officers law.
  6.  Notwithstanding  any  inconsistent provisions of this or any other
law, general, special or local, no officer or employee of the state,  as
defined  in  the  public  officers law, or of the park district shall be
deemed to have forfeited or shall forfeit his office  of  employment  or
any  benefits  provided  under the retirement and social security law or
under any public retirement system maintained by the state or any of its
subdivisions by reason of his acceptance of membership on  or  chairman-
ship of the authority; provided, however, a member or chairman who holds
such  other  public  office  of  employment  shall receive no additional
compensation for services rendered pursuant to this title, but shall  be
entitled to reimbursement for his actual and necessary expenses incurred
in the performance of such services.
  7.  The  governor  may  remove  any member of the authority for cause,
other than the commissioner of environmental conservation,  the  commis-
sioner  of [commerce] ECONOMIC DEVELOPMENT and the commissioner of parks
and recreation, after giving him a copy of the charges against  him  and
an opportunity to be heard, in person or by counsel in his defense, upon
not  less  than ten days' notice. If any member shall be so removed, the
governor shall file in the office of the department of state a  complete
statement of charges made against such member, and his findings thereon,
together with a complete record of the proceedings.
  8.  The principal office of the authority shall be located in the town
of North Elba AND THE AUTHORITY SHALL ESTABLISH A SECOND OFFICE, IN  THE
TOWN  OF  EITHER  SHANDAKEN  IN  ULSTER COUNTY OR MIDDLETOWN IN DELAWARE
COUNTY.

S. 6260--B                          6

  9. VOTES OF THE BOARD OF THE AUTHORITY RELATING TO THE EXPENDITURES OF
FUNDS FOR THE ASSETS MANAGED OR OWNED BY THE AUTHORITY SHALL REQUIRE THE
AFFIRMATIVE VOTE OF AT LEAST ONE OF THE TWO  PERSONS  APPOINTED  BY  THE
GOVERNOR  WHO  ARE REQUIRED TO RESIDE IN ULSTER OR DELAWARE COUNTIES OR,
EXCEPT  THAT  IF EIGHT OF THE REMAINING TEN MEMBERS VOTE IN THE AFFIRMA-
TIVE ON A MATTER BEFORE THE BOARD, THEN THE VOTE OF AT LEAST ONE OF  THE
MEMBERS  REQUIRED  TO RESIDE IN ULSTER OR DELAWARE COUNTIES SHALL NOT BE
NECESSARY IN ORDER TO ACT. NOTHING SHALL PRECLUDE THE  USE  OF  MEETINGS
AND  VOTES  BY  VIDEO  CONFERENCE  OR  OTHER  CONFERENCING WHICH PERMITS
CONFEREES TO SEE THE OTHER MEMBERS DURING BOARD MEETINGS  THROUGH  TELE-
VISION OR THE INTERNET.
  S 3. Section 2609 of the public authorities law is amended by adding a
new subdivision 4 to read as follows:
  4.  ON OR PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN, AN ADDITIONAL
SIX PERSONS SHALL BE APPOINTED TO THE COMMUNITY  ADVISORY  COUNCIL,  WHO
SHALL  BE  FROM  THE  COUNTIES  OF  DELAWARE OR ULSTER, AND WHO SHALL BE
APPOINTED UPON THE UNANIMOUS RECOMMENDATION OF THE  CHAIRPERSON  OF  THE
DELAWARE  COUNTY  BOARD OF SUPERVISORS AND THE CHAIRPERSON OF THE ULSTER
COUNTY LEGISLATURE TO SERVE TERMS OF TWO YEARS EACH. ALL OTHER  REQUIRE-
MENTS OF SUBDIVISIONS ONE, TWO, AND THREE OF THIS SECTION SHALL BE MET.
  S  4. Subdivisions 4, 6, 7, 9, 12 and 15 of section 2611 of the public
authorities law, as added by chapter 404 of the laws of  1981,  subdivi-
sion  15 as renumbered by chapter 38 of the laws of 1987, are amended to
read as follows:
  4. To make and alter by-laws for its organization and internal manage-
ment, and rules and regulations governing the exercise of its powers and
the fulfillment of its purposes under this title. Such rules  and  regu-
lations  must be filed with the secretary of state and the town clerk of
North Elba AND THE TOWN CLERK OF THE TOWNS OF SHANDAKEN AND MIDDLETOWN;
  6. To schedule and book events at  participating  olympic  facilities,
AND THE FACILITIES OF BELLEAYRE MOUNTAIN SKI CENTER AND OTHER PROPERTIES
OWNED  OR  CONTROLLED  BY THE AUTHORITY with public and private individ-
uals, organizations, groups and other  entities  desiring  to  use  such
facilities  for  conducting  events  and  activities  appropriate to the
purposes of the authority;
  7. To enter into contracts, leases and subleases and  to  execute  all
instruments  necessary  or convenient for the conduct of authority busi-
ness, including BUT NOT LIMITED TO agreements with the park district and
any state agency which  administers,  owns  or  supervises  any  olympic
facility,  as provided in sections twenty-six hundred twelve and twenty-
six hundred fourteen of this title;
  9. To enter into contracts to operate,  maintain  and  manage  olympic
facilities AND THE BELLEAYRE MOUNTAIN SKI CENTER;
  12.  To operate, or contract for the operation of, concession services
at any participating olympic facility  OR  THE  BELLEAYRE  MOUNTAIN  SKI
CENTER;
  15.  To  procure insurance against any loss or liability in connection
with the use, management, maintenance and operation of the participating
olympic facilities AND/OR BELLEAYRE MOUNTAIN SKI CENTER, in such amounts
and from such insurers, subject to public bidding as it deems desirable;
and
  S 5. Section 2614 of the public authorities law is amended by adding a
new subdivision 5 to read as follows:
  5. THE AUTHORITY SHALL OPERATE THE BELLEAYRE MOUNTAIN SKI CENTER IN  A
MANNER  WHICH INCLUDES SNOW SKIING AND SNOW-BOARDING DURING ALL OR PARTS
OF THE MONTHS OF  NOVEMBER,  DECEMBER,  JANUARY,  FEBRUARY,  MARCH,  AND

S. 6260--B                          7

APRIL,  CONDITIONS PERMITTING; AND SHALL INCLUDE THE OPERATION OF A LAKE
AND BEACH AND SHALL ALSO INCLUDE A  SUMMER  CONCERT  SERIES  IF  IT  CAN
CONTRACT WITH AN ENTITY TO OPERATE SUCH SERIES; AND MAY INCLUDE MOUNTAIN
BIKING  AND  CHAIR  LIFT  RIDES  DURING THE SUMMER MONTHS AND SUCH OTHER
SERVICES AND ATTRACTIONS AT ANY TIME AS THE AUTHORITY SHALL DEEM  APPRO-
PRIATE  INCLUDING  BUT NOT LIMITED TO THE OPERATION OF A LAKE AND BEACH.
THE AUTHORITY SHALL RETAIN AN ON-SITE GENERAL MANAGER APPOINTED  BY  THE
AUTHORITY  BOARD  FOR  THE BELLEAYRE MOUNTAIN SKI CENTER ON A YEAR ROUND
BASIS. SUCH GENERAL MANAGER SHALL BE  RESPONSIBLE  FOR  THE  ON-MOUNTAIN
MANAGEMENT  OF  THE FACILITY AND THE MARKETING OF THE FACILITY ON A YEAR
ROUND BASIS, CONSISTENT FUNDS MADE  AVAILABLE  FROM  THE  AUTHORITY  AND
CONSISTENT  WITH  THE  PRACTICES OTHERWISE GENERALLY EXISTING IN THE SKI
INDUSTRY. EXAMPLES OF  SUCH  PRACTICES  MAY  INCLUDE  JOINT  PROMOTIONAL
VENTURES WITH LOCAL CHAMBERS OF COMMERCE OF LODGING AND TOURISM BUREAUS,
JOINT  PROMOTIONS WITH OTHER ATTRACTIONS IN THE CATSKILLS TOURISM REGION
AND, TO THE EXTENT APPROVED BY THE AUTHORITY, JOINT PROMOTIONAL  EFFORTS
WITH  OTHER ASSETS OF THE AUTHORITY. THE GENERAL MANAGER RETAINED BY THE
AUTHORITY SHALL HAVE A DEMONSTRATED KNOWLEDGE OF  THE  SKI  AND  TOURISM
INDUSTRY  WITH  SUBSTANTIAL EXPERIENCE AND RESPONSIBILITY IN THE MANAGE-
MENT OF THE OPERATIONS AND PROMOTION OF A SKI CENTER. THE TWO MEMBERS OF
THE AUTHORITY WHO ARE REQUIRED TO RESIDE IN DELAWARE OR ULSTER  COUNTIES
SHALL BE CONSULTED WITH BY THE EXECUTIVE DIRECTOR OR HEAD OF THE AUTHOR-
ITY  IN  THE  HIRING OF THE FIRST GENERAL MANAGER PRIOR TO THE EXECUTIVE
DIRECTOR'S RECOMMENDING A PARTICULAR PERSON  FOR  SUCH  POSITION.    THE
VIEWS  OF  THE  TWO  BOARD  MEMBERS OF THE AUTHORITY WHO ARE REQUIRED TO
RESIDE IN DELAWARE  AND  ULSTER  COUNTIES  SHALL  BE  GIVEN  SUBSTANTIAL
CONSIDERATION  BY  THE  EXECUTIVE  DIRECTOR  OR HEAD OF THE AUTHORITY IN
SUBMITTING HIS OR HER RECOMMENDATION TO THE FULL AUTHORITY BOARD FOR ITS
ULTIMATE DECISION RELATING TO THE HIRING OF THE FIRST  GENERAL  MANAGER.
UNTIL  SUCH  TIME AS A GENERAL MANAGER IS RETAINED BY THE AUTHORITY, THE
CURRENT SUPERINTENDENT OF THE BELLEAYRE MOUNTAIN SKI CENTER SHALL ACT AS
GENERAL MANAGER.  IT IS EXPRESSLY PROVIDED THAT NOTHING  SHALL  PRECLUDE
THE  CURRENT  SUPERINTENDENT OF BELLEAYRE MOUNTAIN SKI CENTER FROM BEING
CONSIDERED TO BE RETAINED AS THE FIRST GENERAL MANAGER TO  BE  APPOINTED
BY THE AUTHORITY.
  S  6.  Subdivision 2 of section 2616 of the public authorities law, as
amended by chapter 99 of the laws of 1984, is amended and a new subdivi-
sion 7 is added to read as follows:
  2. On or before August fifteenth, nineteen hundred eighty-one, and  on
each  August  fifteenth  thereafter  the chairman of the authority shall
make and deliver to the director of the budget for his approval and  for
submission to the legislature a budget for the operation of the authori-
ty  for  the  forthcoming  fiscal year of the state. The chairman of the
authority shall deliver a copy of such budget to  the  chairman  of  the
senate finance committee and the chairman of the assembly ways and means
committee  at the same time that the budget is delivered to the director
of the budget. The budget shall delineate the total  amount  needed  for
authority  purposes,  including  the funds required by the authority for
operation of the olympic facilities and the Gore Mountain ski center AND
THE BELLEAYRE MOUNTAIN SKI CENTER pursuant to agreements made in accord-
ance with sections twenty-six  hundred  twelve  and  twenty-six  hundred
fourteen  of  this  title,  the  source  of all funds that the authority
expects to receive and such other information as  the  director  of  the
budget  shall  require.    The  director of the budget shall approve the
budget for the operation of the authority and the governor shall  recom-
mend  in his annual budget appropriations to the authority if the direc-

S. 6260--B                          8

tor of the budget determines  that  the  budget  demonstrates  that  the
authority, without operating at a deficit, can continue in the forthcom-
ing fiscal year of the state, in the exercise of its corporate purposes,
powers,  duties and functions with the appropriations from the state and
park district in the amounts  determined  in  accordance  with  sections
twenty-six  hundred twelve and twenty-six hundred fourteen of this title
and income received by the authority from other sources. The director of
the budget shall notify the park district, the chairman  of  the  senate
finance  committee  and  the  chairman  of  the  assembly ways and means
committee not later than October first of each year whether  or  not  he
has approved the budget.
  7. NOTHING SHALL PRECLUDE THE STATE FROM AUTHORIZING EXPENDITURES FROM
AVAILABLE FUNDS FOR THE AUTHORITY.
  S 7. Section 2619 of the public authorities law, as amended by chapter
99 of the laws of 1984, is amended to read as follows:
  S  2619.  Capital  repair  and  improvement account. At the end of any
authority fiscal year the members of the  authority  shall  deposit  not
less  than  twenty-five percent of the profits, if any, of the preceding
year's operations into a sinking fund for capital improvements.  At  the
discretion  of the members, the authority may undertake capital improve-
ments and major repairs to the participating olympic facilities, TO  THE
BELLEAYRE  MOUNTAIN  SKI  CENTER,  and  to the Gore Mountain ski center;
provided, however, that  no  such  repairs  may  be  undertaken  without
specific  written  approval  by  the  entity  which  contracted with the
authority for the operation  of  said  facility.  Any  such  repairs  or
improvements  to real property shall upon completion become the property
of and be vested in the owners of said real property. In  the  event  of
termination of the authority, the state and the park district each shall
receive fifty percent of all moneys in the sinking fund. If an agreement
between the authority and the park district or the state shall be termi-
nated, the park district or the state, as the case may be, shall receive
that portion of the moneys in the sinking fund it would have received if
the  authority  were terminated as of the date of the termination of the
agreement.
  S 8. Section 2621 of the public authorities law, as added  by  chapter
404 of the laws of 1981, is amended to read as follows:
  S 2621. Annual report. The authority shall submit to the governor, the
chairman  of  the senate finance committee, the chairman of the assembly
ways and means committee, the comptroller, the director of  the  budget,
THE  SUPERVISOR  OF THE TOWN OF SHANDAKEN, THE SUPERVISOR OF THE TOWN OF
MIDDLETOWN, and the supervisor of the town of North Elba  within  ninety
days  after  the  end of its fiscal year, a complete and detailed report
setting forth: (1)  its  operations  and  accomplishments  and  (2)  its
receipts and expenditures during such fiscal year in accordance with the
categories or classifications established by the authority for its oper-
ating and capital outlay purposes.  SUCH REPORT SHALL NOT BE REQUIRED TO
BE  SUBMITTED  IN  PRINT IF THE RECIPIENT OF THE REPORT AGREES TO ACCEPT
SUCH REPORT IN ELECTRONIC FORMAT.
  S 9. Subdivision 4 of section 2622 of the public authorities  law,  as
added by chapter 169 of the laws of 1994, is amended to read as follows:
  4. Notwithstanding subdivision three of this section, exclusive juris-
diction  is hereby conferred upon the court of claims to hear and deter-
mine any claim of any person brought hereafter against the authority  to
recover  damages for injuries to property or for personal injury arising
out of the operation by  the  authority  of  any  participating  olympic
facility  owned  by the state or of THE BELLEAYRE MOUNTAIN SKI CENTER OR

S. 6260--B                          9

OF the Gore mountain ski center, in the same manner and  to  the  extent
provided  and  subject to the provisions of the court of claims act with
respect to claims against the state, and to make awards and render judg-
ments  therefor. The payment of awards and judgments for any such claims
brought in the supreme court pursuant to this title or in the  court  of
claims shall be made from appropriations for judgments against the state
pursuant to section twenty of the court of claims act.
  S  10. Section 2629 of the public authorities law, as amended by chap-
ter 99 of the laws of 1984, is amended to read as follows:
  S 2629. Transfer of officers and  employees.  Upon  execution  of  the
agreements for operation of the olympic facilities and the Gore Mountain
ski  center  AND  THE  BELLEAYRE  MOUNTAIN  SKI  CENTER made pursuant to
sections two thousand six hundred twelve and two  thousand  six  hundred
fourteen  of  this  title,  those  employees  of  the state and the park
district who are determined by the authority  to  be  essential  to  the
operation  of  the  olympic  facilities  AND  THE BELLEAYRE MOUNTAIN SKI
CENTER and the Gore Mountain ski center shall, with the approval of  the
employer  and  the  employee,  be  transferred  to the employment of the
authority and shall be eligible for such transfer and appointment  with-
out  examination  to  comparable offices, positions and employment under
the authority. The salary or compensation of any such officer or employ-
ee shall, after such transfer, be paid by the authority.   Notwithstand-
ing the provisions of this act, any such officers or employees so trans-
ferred to the authority, pursuant to the provisions of this section, who
are members of or beneficiaries under any existing pension or retirement
system,  shall  continue to have all rights, privileges, obligations and
status with respect to such fund system or systems as are prescribed  by
law,  but  during  the  period of their employment by the authority, all
contributions to any pension or retirement fund or system to be paid  by
the  employer on account of such officers or employees, shall be paid by
the authority; and  all  such  officers  and  employees  who  have  been
appointed  to positions under the rules and classifications of the state
civil service commission shall have the same status with respect thereto
after transfer to  the  authority  as  they  had  under  their  original
appointments.
  S 11. This act shall take effect immediately.

                                 PART D

  Section  1.  Section  285-a  of  the  agriculture  and  markets law is
REPEALED.
  S 2. Subdivision 12 of section 283 of the agriculture and markets  law
is  REPEALED  and  subdivisions 13 and 14 are renumbered subdivisions 12
and 13.
  S 3. Section 7 of chapter 654 of the laws of 1994, amending the trans-
portation law and other laws  relating  to  equipment  requirements  for
registered farm vehicles, is REPEALED.
  S 4. Section 285-b of the agriculture and markets law is REPEALED.
  S 5. Article 4 of the state technology law is REPEALED.
  S 6. Section 372-a of the social services law is REPEALED.
  S  7.  Subdivision  1  of  section 2803-r of the public health law, as
added by chapter 439 of the laws of 2005, is amended to read as follows:
  1. All hospitals and clinics shall  notify  their  prenatal  care  and
obstetric  patients of the provisions of the abandoned infant protection
act[, using materials provided by the  office  of  children  and  family
services,  pursuant to section three hundred seventy-two-a of the social

S. 6260--B                         10

services law]. The department shall develop  agreements  with  societies
and organizations of medical practitioners under which the department or
the  office  of  children and family services shall provide materials to
such  societies to provide appropriate education and outreach concerning
the abandoned infant protection act to their  members  and  the  public.
Criminal penalties for violation pursuant to subdivisions one and two of
section twelve-b of this chapter shall not apply to this section.
  S 8. Sections 520 and 521 of the executive law are REPEALED.
  S 9. Article 28 of the executive law is REPEALED.
  S 10. Paragraph (p) of subdivision 1 of section 17 of the public offi-
cers law is REPEALED.
  S 11. Section 92-y of the state finance law is REPEALED.
  S  12.  Paragraph  (b) of subdivision 1 of section 88-a of the highway
law, as amended by section 4 of part Z of chapter 383  of  the  laws  of
2001, is amended to read as follows:
  (b)  the  chairperson, or his or her designated representative, of the
New York state thruway authority, the adirondack park agency[,] AND  the
tourism  advisory council[, the upstate New York tourism council and the
downstate New York tourism council];
  S 13. Subdivision 3 of section 349-bb of the highway law,  as  amended
by section 5 of part Z of chapter 383 of the laws of 2001, is amended to
read as follows:
  3.  The commissioner is hereby authorized to enter into contracts with
qualified, responsible not-for-profit organizations involved  in  scenic
byways  activities  [and  the  upstate  New  York  tourism  council] for
services relating to the development of the New York state scenic byways
program or services relating to the operation, development or  promotion
of a specific scenic byway.
  S  14.  Subdivision 1 of section 349-cc of the highway law, as amended
by chapter 399 of the laws of 2005, is amended to read as follows:
  1. An advisory board of state agencies with  responsibilities  related
to  the  designation  and management of scenic byways and not-for-profit
organizations related to the promotion and development of scenic  byways
is hereby formed to advise and assist the department in the operation of
its  scenic  byways  program.  The  advisory  board shall consist of one
member appointed by the temporary president of the  senate,  one  member
appointed  by  the  speaker of the assembly, the secretary of state, and
the commissioners of the department  of  agriculture  and  markets,  the
department  of economic development, and the department of environmental
conservation, and the office of parks, recreation and historic preserva-
tion or their duly designated representatives.  The  commissioner  shall
appoint as members of the advisory board the chief executive officer, or
his  or  her duly authorized representative, of not-for-profit organiza-
tions related to the promotion and development of a scenic byway  desig-
nated pursuant to this article[,] AND three representatives of organiza-
tions  concerned with the preservation of scenic qualities, the motoring
public and tourism development [and members or  representatives  of  the
upstate  New  York tourism council and of the downstate New York tourism
council]. The commissioner, or his  or  her  duly  designated  represen-
tative,  shall  serve  as  chair.  Members  of  the advisory board shall
receive no pay, but shall be eligible to receive  actual  and  necessary
expenses  from  their respective agencies, or for the expenses of repre-
sentatives of organizations related to the promotion and development  of
a  scenic  byway,  the  preservation  of  scenic qualities, the motoring
public and tourism development, from the department. The advisory  board
shall  consult  with  the Adirondack Park Agency regarding scenic byways

S. 6260--B                         11

within the Adirondack Park. The advisory board shall also  consult  with
the  Hudson  River  Valley  Communities  Council regarding scenic byways
within the Hudson River Valley Greenway as defined in article forty-four
of  the environmental conservation law. The advisory board shall consult
with the Niagara River Greenway Commission regarding scenic byways with-
in the Niagara River Greenway as defined in article thirty-nine  of  the
parks,  recreation  and  historic  preservation law. [The advisory board
shall consult with the upstate New York tourism council regarding scenic
byways in the upstate New York region, and with the downstate  New  York
tourism  council  regarding  scenic  byways  in  the  downstate New York
region.]
  S 15. Paragraph a of subdivision 1 of section 233-b of  the  education
law,  as  amended  by  section 3 of part Z of chapter 383 of the laws of
2001, is amended to read as follows:
  a. There is hereby established within  the  department  the  New  York
state  freedom  trail commission. The commission shall consist of twelve
members, to be appointed as follows: three members to  be  appointed  by
the governor, three members to be appointed by the board of regents, two
members  to  be  appointed by the temporary president of the senate, one
member to be appointed by the minority leader of the senate, two members
to be appointed by the speaker of the assembly, and  one  member  to  be
appointed  by the minority leader of the assembly. Such members shall be
representative of academic or public historians,  corporations,  founda-
tions,  historical societies, civic organizations, and religious denomi-
nations. In addition, the following state officers, or their  designees,
shall serve as members of the commission: the commissioner of education,
the  head  of the state museum, the head of the state archives, the head
of the office of state history, the commissioner  of  economic  develop-
ment,  the  head of the state tourism advisory council[, the chairperson
of the upstate New York tourism council, the chairperson  of  the  down-
state  New  York tourism council,] and the commissioner of parks, recre-
ation and historic preservation.
  S 16. Section 120 of the economic development law is REPEALED.
  S 17.  Section  27-0702  of  the  environmental  conservation  law  is
REPEALED.
  S 18. The opening paragraph of subdivision 2 of section 27-0103 of the
environmental  conservation law, as amended by chapter 55 of the laws of
1992, is amended to read as follows:
  The commissioner shall[, with the advice  of  the  state  solid  waste
management  board  established pursuant to section 27-0702 of this arti-
cle,] biennially review the status of programs and information contained
within the plan and make recommendations for legislation or other  state
action related to:
  S 19. Paragraph g of subdivision 3 of section 165 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  g. In addition to carrying out the provisions of paragraphs e and f of
this subdivision, the commissioner shall identify and implement specific
steps which will reduce, to the maximum extent practicable, waste gener-
ated  in state facilities and maximize the recovery and reuse of second-
ary materials from such facilities. Such steps and their  implementation
shall be reviewed from time to time but no less frequently than annually
or  upon  receiving recommendations for additional steps from [the solid
waste management board,] the department of environmental conservation or
the environmental facilities corporation.

S. 6260--B                         12

  S 20. Subdivision 3 and the closing paragraph of section 1285-d of the
public authorities law, subdivision 3 as amended by chapter 283  of  the
laws  of  1979  and the closing paragraph as added by chapter 639 of the
laws of 1978, are amended to read as follows:
  3.  [To advise the corporation on technical matters, a technical advi-
sory committee shall be constituted to be composed of the  commissioners
of  transportation, commerce, health and environmental conservation, the
secretary of state, and five persons representative of  affected  indus-
tries to be appointed by the governor with the advice and consent of the
senate.  Upon  dissolution  of  the  hazardous  waste  disposal advisory
committee pursuant to subdivision three of section twelve hundred eight-
y-five-f of this article, two members of that  committee  designated  by
the  governor  shall become members of the committee established by this
subdivision which committee shall be expanded by two members.]
  In [excercising]  EXERCISING  its  responsibilities,  the  corporation
shall also cooperate and act in conjunction with industrial, commercial,
medical, scientific, public interest and educational organizations with-
in  the state, and with agencies of the federal government, of the state
and its political subdivisions, of  other  states,  and  joint  agencies
thereof.
  S  21.  Paragraph (c) of subdivision 3 of section 1285-f of the public
authorities law is REPEALED.
  S 22. Section 216-b of the vehicle and traffic law is REPEALED.
  S 23. Section 191 of the executive law is REPEALED.
  S 24. Subdivision 9 of section  3.23  of  the  parks,  recreation  and
historic preservation law is REPEALED.
  S 25. Section 89-mmm of the general business law is REPEALED.
  S  26.  Subdivision 2 of section 100 of the executive law, as added by
chapter 557 of the laws of 1997, is amended to read as follows:
  2. The secretary of state shall maintain  all  records  collected  for
applicants  pursuant  to  the armored car guard act for a period of five
years after the applicant's termination as an armored car guard, retire-
ment, resignation, death, failure to be rehired, or non-renewal  of  the
applicant's registration card. Every armored car carrier shall file with
the  secretary,  on  a  monthly basis, a report, stating all armored car
guards in their employ who have retired,  resigned,  died,  been  termi-
nated,  have [hot] NOT been rehired, or have otherwise been removed from
active duty, in such form and on such media as approved for such purpose
by the secretary[, upon recommendation of the armored car carrier  advi-
sory  board  established  pursuant  to the provisions of section eighty-
nine-mmm of the general business law].
  S 27. Subdivision 5 of section 89-bbb of the general business  law  is
REPEALED.
  S  28. Section 89-lll of the general business law, as added by chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-lll.  Regulations.  The  secretary[,  in  consultation  with  the
board,] is hereby authorized and empowered to promulgate rules and regu-
lations  necessary  for  the  proper  conduct of the business authorized
under this article, and not inconsistent herewith.
  S 29. Subdivision 5 of section 89-ppp of the general business  law  is
REPEALED.
  S 30. Section 923 of the executive law is REPEALED.
  S  31.  Subdivision  14 of section 601 and sections 611 and 612 of the
executive law are REPEALED.
  S 32. Subdivision 12 of section 604 of the executive law, as added  by
chapter 729 of the laws of 2005, is amended to read as follows:

S. 6260--B                         13

  12. To create and maintain a consumer awareness pamphlet, [in conjunc-
tion  with  the  advisory  council,]  to include, but not be limited to,
detailing the certification process,  installer  selection  rights,  the
dispute  resolution  process, the differences between the types of hous-
ing, and other consumer protection issues. Such pamphlet shall be avail-
able to the public, and published on the department's website.
  S 33. Section 433-a of the general business law is REPEALED.
  S 34. The section heading of section 35 of the social services law, as
amended  by  chapter  300  of  the  laws  of 1992, is amended to read as
follows:
  Legal representation of individuals whose federal disability  benefits
have been denied or may be discontinued[; advisory committee].
  S  35.  Subdivision  1  of  section  35 of the social services law, as
amended by chapter 300 of the laws  of  1992,  is  amended  to  read  as
follows:
  1.  [a.  There is hereby established within the department an advisory
committee on legal advocacy (hereinafter to be referred to as the "advi-
sory committee") which shall consist of nine members or their designated
representatives. The advisory committee shall consist of  the  following
nine  members:  the  commissioner  of mental health, the commissioner of
mental retardation and developmental disabilities, the advocate for  the
disabled  and  six  members  appointed  by the governor. The six members
appointed by the governor shall include three representatives of  inter-
ested public and private groups, and shall include three representatives
of  county  government  and  the city of New York to be appointed from a
list of six names submitted by the New York state association  of  coun-
ties.  The commissioner shall coordinate the functions and activities of
the department with those of the advisory committee.
  b.] The [advisory committee] COMMISSIONER shall [make  recommendations
regarding]  ESTABLISH  criteria  for  selection  of  grant applications,
review applications awarded pursuant to the provisions of this  section,
[make  recommendations  thereon  to  the  commissioner] and exercise and
perform such other [advisory] functions as are related to  the  purposes
of  this  section[;  provided  however  that the committee shall meet at
least once every six months].
  S 36. Subdivisions 2 and 4 of section 35 of the social  services  law,
subdivision  2  as  amended and subdivision 4 as added by chapter 300 of
the laws of 1992, are amended to read as follows:
  2. The commissioner[, after consultation with the advisory committee,]
shall make grants, within the amounts appropriated for that purpose,  to
not-for-profit  legal  services corporations and not-for-profit agencies
serving the disabled and local social services districts, to provide for
representation of persons whose federal  disability  benefits  including
supplemental  security  income  and social security disability insurance
have been denied or may be discontinued for the purpose of  representing
these  persons  in  appropriate  proceedings.  When the commissioner has
contracted with a local social services district to provide such  repre-
sentation,  the legislative body of such district may authorize and make
provision for the commissioner of social services  of  the  district  to
obtain  necessary  legal  services  on a fee for services basis or other
appropriate basis which the department may approve. Such legal  services
may  be provided by not-for-profit legal services corporations, not-for-
profit agencies serving the disabled or private attorneys.
  4. Responsibility for local financial participation  shall  be  deter-
mined  by  the  commissioner  based on either costs of and the number of
district residents served by each local entity or the  alternative  cost

S. 6260--B                         14

allocation  procedure deemed appropriate by the commissioner [in consul-
tation with the advisory committee].
  S  37.  Subdivisions  8  and 9 of section 350 of the executive law are
REPEALED.
  S 38. Subdivision 16 of section 353 of the executive law is REPEALED.
  S 39. Sections 365, 365-a, 365-b, 365-c, 365-d, 365-e, 365-f and 365-g
of the executive law are REPEALED.
  S 40. Section 154 of the labor law is REPEALED.
  S 41. Title 11 of article 24 of the environmental conservation law  is
REPEALED.
  S  42. Subdivision 1 of section 24-0301 of the environmental conserva-
tion law, as amended by chapter 654 of the laws of 1977, is  amended  to
read as follows:
  1.  The commissioner shall, as soon as practicable, conduct a study to
identify and map those individual freshwater wetlands in  the  state  of
New  York  which  shall  have an area of at least twelve and four-tenths
acres or more, or if less than twelve and four-tenths acres,  (a)  have,
in  the  discretion  of  the commissioner[, and subject to review of his
action by the board created pursuant to title eleven of  this  article,]
unusual  local  importance  for one or more of the specific benefits set
forth in subdivision seven of section 24-0105 OF THIS ARTICLE or (b) are
located within the Adirondack park and meet the definition  of  wetlands
contained  in  subdivision  sixty-eight of section eight hundred two [of
article twenty-seven] of the executive law, and  shall  determine  their
characteristics. This study shall, in addition to such other data as the
commissioner  may  determine  to  be included, consist of the freshwater
wetlands inventory of  the  department  of  environmental  conservation,
currently  being  made, together with other available data on freshwater
wetlands, whether assisted by the state of  New  York  under  the  tidal
wetlands act or otherwise, or assembled by federal or local governmental
or  private  agencies,  all  of which information shall be assembled and
integrated, as applicable, into a map  of  freshwater  wetlands  of  the
state  of New York. Such study may, in the discretion of the commission-
er, be carried out on a sectional or regional  basis,  as  indicated  by
need, subject to overall completion in an expeditious fashion subject to
the  terms  of this chapter. This map, and any orders issued pursuant to
the provisions of this article, shall comprise a part of  the  statewide
environmental plan as provided for in section 3-0303 of this chapter. As
soon  as  practicable  the commissioner shall file with the secretary of
state a detailed description of the technical methods  and  requirements
to  be  utilized  in  compiling  the  inventory, and he shall afford the
public an opportunity to submit comments thereon.
  S 43. Subdivision 5 of section 24-0703 of the environmental  conserva-
tion  law,  as amended by chapter 233 of the laws of 1979, is amended to
read as follows:
  5. Prior to the promulgation of the final freshwater wetlands map in a
particular  area  and  the  implementation  of  a  freshwater   wetlands
protection  law  or  ordinance,  no person shall conduct, or cause to be
conducted, any activity for which a permit  is  required  under  section
24-0701  of this [article] TITLE on any freshwater wetland unless he has
obtained a permit from the commissioner under this section.  Any  person
may  inquire  of  the  department as to whether or not a given parcel of
land will be designated a freshwater wetland subject to regulation.  The
department shall give a definite answer in writing within thirty days of
such  request  as  to  whether such parcel will or will not be so desig-
nated. Provided that, in the event that  weather  or  ground  conditions

S. 6260--B                         15

prevent  the  department from making a determination within thirty days,
it may extend such period until a determination can be made. Such answer
in the affirmative shall be reviewable [pursuant to title eleven of this
article];  such an answer in the negative shall be a complete defense to
the enforcement of this article as to such parcel of land.  The  commis-
sioner  may by regulation adopted after public hearing exempt categories
or classes of wetlands or individual wetlands which he determines not to
be critical to the furtherance of the  policies  and  purposes  of  this
article.
  S 44.  Subdivision 6 of section 24-0705 of the environmental conserva-
tion  law,  as amended by chapter 654 of the laws of 1977, is amended to
read as follows:
  6. Review of the determination of  the  local  government  or  of  the
commissioner  shall  be, within a period of thirty days after the filing
thereof, pursuant to the provisions of [title eleven of this article or]
article seventy-eight of the civil practice law and rules. Any owner  of
the wetland affected and any resident or citizen of the local government
shall be deemed to have the requisite standing to seek review.
  S  45. Subdivision 2 of section 24-0801 of the environmental conserva-
tion law, as added by chapter 654 of the laws of  1977,  is  amended  to
read as follows:
  2.  Where  the  activities  otherwise subject to regulation under this
article involve freshwater wetlands located within the boundaries of the
Adirondack park, the inquiries referred to and the applications provided
for in section 24-0703 of this article shall be made to and  filed  with
the  Adirondack park agency at its headquarters office, under such regu-
lations and procedures as the Adirondack park agency may promulgate. The
Adirondack park agency shall review the  application  in  place  of  the
commissioner  or local government as provided in section 24-0705 of this
article, having due regard for the declaration of policy  and  statement
of  findings  set  forth  in this article and for the considerations set
forth in subdivision one of section 24-0705 of this article. The  agency
shall in addition determine prior to the granting of any permit that the
proposed  activity  will be consistent with the Adirondack park land use
and development plan and would not have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic, recreational
or open space resources of the park, taking into  account  the  economic
and social or other benefits to be derived from the activity. Any person
may  seek  review  of a ruling made solely pursuant to the provisions of
this article by the Adirondack park agency pursuant to the provisions of
[title eleven of this article or] article  seventy-eight  of  the  civil
practice law and rules.
  S  46. Subdivision 7 of section 24-0903 of the environmental conserva-
tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
read as follows:
  7.  Any  person  aggrieved  by  any  such order or regulation may seek
[review pursuant to the provisions of title eleven of this  article  or]
judicial  review pursuant to article seventy-eight of the civil practice
law and rules in the supreme court for the county in which the  freshwa-
ter  wetland is located, within thirty days after the date of the filing
of the order with the clerk of  the  county  in  which  the  wetland  is
located.
  S  47.  Section  24-0507  of  the  environmental  conservation law, as
amended by chapter 654 of the laws  of  1977,  is  amended  to  read  as
follows:
S 24-0507. Reservation of local jurisdiction.

S. 6260--B                         16

  Except  as provided in this article, jurisdiction over all areas which
would qualify as freshwater wetlands except that they are not designated
as such on the freshwater wetlands map pursuant to  section  24-0301  of
this  article because they are less than twelve and four-tenths acres in
size  and  are  not of unusual local importance is reserved to the city,
town or village in which they are wholly or partially located,  and  the
implementation  of this article with respect thereto is the responsibil-
ity of said city, town or village, in accordance  with  section  24-0501
and  title  twenty-three  of article seventy-one of this chapter, except
that a city, town or village in the exercise of its  powers  under  this
section,  shall  not be subject to the provisions of subdivision four of
section 24-0501, subdivisions two  and  three  of  section  24-0503,  or
section 24-0505[, but shall be subject to judicial review under subdivi-
sion two of section 24-1105] of this article.
  S  48.  Subdivision 3 of section 1-0303 of the environmental conserva-
tion law is REPEALED.
  S 49. Paragraph a of subdivision 2 of section 3-0301 of  the  environ-
mental  conservation law, as amended by chapter 469 of the laws of 1974,
is amended to read as follows:
  a. [With the advice and approval of the board, adopt] ADOPT, amend  or
repeal environmental standards, criteria and those rules and regulations
having  the  force and effect of standards and criteria to carry out the
purposes and provisions of this act. [Upon approval by the board of any]
ANY such environmental standard, criterion, rule or regulation or change
thereto[, it] shall become effective thirty days after being filed  with
the  Secretary  of State for publication in the "Official Compilation of
Codes, Rules, and Regulations of the State of New York" published pursu-
ant to section 102 of the Executive Law. This provision shall not in any
way restrict the commissioner in the exercise of any function, power  or
duty transferred to him OR HER and heretofore authorized to be exercised
by  any  other department acting through its commissioner to promulgate,
adopt, amend or repeal any standards, rules and regulations.    No  such
environmental standards, criterion, rule or regulation or change thereto
shall  be  proposed for approval unless a public hearing relating to the
subject of such standard shall be held by the commissioner prior thereto
not less than 30 days after date of notice therefor,  any  provision  of
law  to  the  contrary  notwithstanding. Notice shall be given by public
advertisement of the date, time, place  and  purpose  of  such  hearing.
[Members  of  the board shall be entitled to participate in such hearing
and opportunity to be heard by the  commissioner  with  respect  to  the
subject thereof shall be given to the public.]
  S 50. Article 5 of the environmental conservation law is REPEALED.
  S  51. Section 17-1411 of the environmental conservation law, as added
by chapter 436 of the laws of 1989, is amended to read as follows:
S 17-1411. Regulations.
  [1.] The commissioner may promulgate regulations necessary to effectu-
ate the purposes of section 17-1409 of this  title  including,  but  not
limited  to, regulations setting forth criteria for submission and proc-
essing of grant applications, components of  best  management  practices
and state standards necessary to control nonpoint source pollution.
  [2.  Regulations  promulgated  pursuant  to  subdivision  one  of this
section shall not require the approval of the state environmental  board
pursuant to paragraph a of subdivision two of section 3-0301 or subdivi-
sion two of section 5-0107 of this chapter.]

S. 6260--B                         17

  S  52. Subdivision 4 of section 19-0303 of the environmental conserva-
tion law, as added by chapter 608 of the laws of  1993,  is  amended  to
read as follows:
  4.  In adopting any code, rule or regulation which contains a require-
ment that is more stringent than the Act or regulations issued  pursuant
to  the  Act  by  the United States environmental protection agency, the
commissioner shall, in addition to the provisions of section two hundred
two-a of the state administrative procedure act, include in the  regula-
tory impact statement:
  (a)  a  detailed  explanation  of  the  reason or reasons that justify
exceeding federal minimum requirements, including:
  (i) satisfying any requirement of the Act as it relates  to  New  York
state, including any requirement for demonstrating attainment or mainte-
nance  of  ambient  air  quality standards or meeting reasonable further
progress pursuant to Title I of the Act;
  (ii) preventing an assessment or imposition of sanctions, or the impo-
sition of a federal implementation plan, pursuant to the Act;
  (iii) complying with a final decree of a court; or
  (iv) protecting public health or the environment;
  (b) an evaluation of the cost-effectiveness of the proposed code, rule
or regulation, in comparison with the cost-effectiveness  of  reasonably
available alternatives; and
  (c)  a review of the reasonably available alternative measures consid-
ered by the commissioner and an explanation of the reasons for rejecting
such alternatives.
  [Any code, rule or regulation to which this subdivision is  applicable
shall  be subject to the approval of the environmental board pursuant to
subdivision 2 of section 5-0107 of this chapter.]
  S 53.  Section  19-0917  of  the  environmental  conservation  law  is
REPEALED.
  S  54. Subdivision 3 of section 27-0903 of the environmental conserva-
tion law, as amended by chapter 831 of the laws of 1990, is  amended  to
read as follows:
  3.  The  regulations setting forth the criteria for identification and
listing, and the list of, hazardous wastes subject to this title may  be
amended by the commissioner from time to time as appropriate, based upon
hazardous  waste  conditions  of  particular relevance to the state. The
commissioner may promulgate the appropriately amended  regulations  only
[after  approval  of the state environmental board based] upon a showing
of the circumstances constituting  the  hazardous  waste  conditions  of
particular relevance to this state, and then in a manner consistent with
the state administrative procedure act.
  S  55. Subdivision 1 of section 27-1315 of the environmental conserva-
tion law, as amended by section 7 of part E of chapter 1 of the laws  of
2003, is amended to read as follows:
  1. The commissioner shall have the power to promulgate rules and regu-
lations  necessary  and  appropriate  to  carry out the purposes of this
title. Any [such] regulations shall include provisions  which  establish
the  procedures  for  a  hearing pursuant to subdivision four of section
27-1313 of this title[. Any such provisions] AND shall ensure a division
of functions between the commissioner, the staff who present  the  case,
and  any hearing officers appointed. In addition, any [such] regulations
shall set forth findings to be based on a factual record, which must  be
made before the commissioner determines that a significant threat to the
environment  exists. [Rules and regulations promulgated pursuant to this
title shall be subject to the approval of a board, which shall be  known

S. 6260--B                         18

as  the  inactive hazardous waste disposal site regulation review board,
which shall have the same members, rules, and procedures  as  the  state
environmental board.]
  S  56. Subdivision 1 of section 27-1504 of the environmental conserva-
tion law, as added by chapter 180 of the laws of  1989,  is  amended  to
read as follows:
  1. The commissioner shall promulgate new regulations or amend existing
regulations  establishing  a  program  for the tracking of the regulated
medical waste which is generated in this state. Such  regulations  shall
not  be  subject  to the requirements of subdivision 2 of section 3-0301
[or subdivision 2 of section 5-0107] of this chapter.
  S 57. Subdivision 4 of section 29-0103 of the environmental  conserva-
tion law is REPEALED.
  S  58. Subdivision 4 of section 70-0117 of the environmental conserva-
tion law, as added by chapter 723 of the laws of  1977,  is  amended  to
read as follows:
  4.  In  conjunction  with  one  or  more applications for permits, the
department may, on request of an applicant undertake a conceptual review
of a proposed project evaluating the general approvability or nonapprov-
ability of a proposed project, including all proposed phases or segments
thereof, subject to the development  and  submission  of  more  detailed
plans  and  information  and such additional applications for permits in
the future as may be necessary. The department shall, in rules and regu-
lations [approved by the state environmental board], establish  criteria
and  guidelines  for  the  conceptual  review  of proposed projects. The
department shall establish, in rules and regulations adopted pursuant to
section 70-0107 of this chapter,  procedures  governing  the  conceptual
review of proposed projects.
  S  59. Sections 9-0705, 9-0707, 9-0709 and 9-0711 of the environmental
conservation law are REPEALED.
  S 60. Section 9-0713 of the environmental conservation law, as amended
by chapter 386 of the laws of 1980, is amended to read as follows:
S 9-0713. State assistance.
  [Upon the establishment of regional forest practice boards,  and  upon
the  adoption  and  promulgation of] THE COMMISSIONER SHALL ADOPT forest
practice standards[, the regional forest practice boards].  THE  DEPART-
MENT  shall  notify  [all  the] owners of forest land [in their regions]
that the commissioner  is  prepared  to  assist  cooperating  owners  in
connection with the application of [approved] forest practice standards.
The  commissioner  shall provide to cooperating forest and farm woodland
owners technical services  in  connection  with  all  phases  of  forest
management  including  but  not limited to, plantation establishment and
care, the marking of  timber,  marketing  assistance  and  silvicultural
treatment of immature stands.
  S  61.  Subdivision  1  of  section  444-b of the real property law is
REPEALED and subdivisions 2, 3, 4, 5, 6, 7 and 8 are renumbered subdivi-
sions 1, 2, 3, 4, 5, 6 and 7.
  S 62. Subdivision 4 of section 444-b of  the  real  property  law,  as
amended  by chapter 225 of the laws of 2005 and as renumbered by section
sixty-one of this act, is amended to read as follows:
  4. "Home inspection" means the  process  by  which  a  home  inspector
observes  and provides a written report of the systems and components of
a residential building including but  not  limited  to  heating  system,
cooling  system,  plumbing  system, electrical system, structural compo-
nents, foundation, roof, masonry structure, exterior and interior compo-
nents or any other related residential building component as recommended

S. 6260--B                         19

[by the home inspection council and  implemented]  OR  REQUIRED  by  the
department  through regulation to provide a client with objective infor-
mation about the condition of the residential building. The home inspec-
tor  shall  clearly  identify  in  the  written report which systems and
components of the residential building were observed. A home  inspection
shall not include an inspection for radon or pests.
  S  63. Section 444-c of the real property law, as added by chapter 461
of the laws of 2004, subdivisions 1, 2 and 3 as amended by  chapter  225
of the laws of 2005, is amended to read as follows:
  S  444-c. [State home inspection council] CODE OF ETHICS AND STANDARDS
OF PRACTICE. 1. [There is hereby established  a  state  home  inspection
council  within  the department. The council shall consist of the secre-
tary or the secretary's designee and  six  additional  members  who  are
residents  of  the  state,  of  whom three shall be persons licensed and
actively engaged in the business of home inspection in the state of  New
York for at least five years immediately preceding their appointment and
three  of whom shall be consumers who are the owners and principal resi-
dents of a residential building in the state of New York.   Appointments
shall reflect the geographical diversity of the state.
  2.  For a period of one year after the effective date of this section,
and notwithstanding any other provisions of this section to the  contra-
ry,  the first three home inspectors appointed as members of the commit-
tee shall not be required, at the time of their first appointment, to be
licensed to practice home inspection,  provided  that  such  members  be
licensed pursuant to this article within one year of appointment.
  3. The governor shall appoint each member of the council for a term of
three  years except that of the members first appointed, two shall serve
for terms of three years, two shall serve for terms of two years and two
shall serve for a term of one year. The governor shall appoint one  home
inspector  and  one  consumer  solely in his or her discretion, one home
inspector and one consumer upon  the  recommendation  of  the  temporary
president  of  the  senate, and one home inspector and one consumer upon
the recommendation of the speaker of the  assembly.  Each  member  shall
hold  office  until his or her successor has been qualified. Any vacancy
in the membership of the council shall be filled for the unexpired  term
in  the  manner  provided for the original appointment. No member of the
council may serve more than two successive  terms  in  addition  to  any
unexpired term to which he or she has been appointed.
  4.  Members  of the council shall receive no compensation but shall be
reimbursed for their actual and necessary  expenses  and  provided  with
office  and  meeting  facilities  and  personnel required for the proper
conduct of the council's business.
  5. The council shall annually elect from among its members a chair and
vice-chair and may appoint a secretary, who need not be a member of  the
council. The council shall meet at least twice a year and may hold addi-
tional meetings as necessary to discharge its duties.
  6.  The  role  of  the  council shall be advisory.] The [council shall
advise the secretary  in  the  administration  and  enforcement  of  the
provisions of this article and recommend to the] secretary SHALL PROMUL-
GATE  regulations  to implement the provisions of this article including
but not limited to:
  (a) standards for training including approval of the course  of  study
and examination required for licensure of home inspectors;
  (b)  requirements  and  standards  for  continuing  education  of home
inspectors;

S. 6260--B                         20

  (c) a code of ethics and  standards  of  practice  for  licensed  home
inspectors  consistent  with  the  provisions  of this article and sound
ethical practices which code and standards shall be  subject  to  public
notice  and comment prior to [a council recommendation to the secretary]
ADOPTION OF THE REGULATIONS. The standards of practice shall not require
a  reporting  format or limit information which licensees are authorized
to provide a client pursuant to this article; and
  (d) development of information and educational  materials  about  home
inspection for distribution to clients.
  2.  Nothing  in  this  section shall be deemed to supersede any estab-
lished authority, duty and power established by local law, state law  or
regulation or otherwise granted to any agency, body or entity.
  S  64. Section 444-e of the real property law, as added by chapter 461
of the laws of 2004, paragraphs (b) and (c) of subdivision 1 and  subdi-
vision  3  as  amended by chapter 225 of the laws of 2005, is amended to
read as follows:
  S 444-e. Qualifications for licensure. 1. An applicant for  a  license
as a home inspector shall:
  (a) have successfully completed high school or its equivalent; and
  (b) (i) have successfully completed a course of study of not less than
one hundred forty hours approved by the secretary[, in consultation with
the  council], of which at least forty hours shall have been in the form
of unpaid field based inspections in  the  presence  of  and  under  the
direct supervision of a home inspector licensed by the state of New York
or  a  professional  engineer or architect regulated by the state of New
York who oversees and takes full responsibility for the  inspection  and
any report provided to a client; or
  (ii)  have performed not less than one hundred home inspections in the
presence of and  under  the  direct  supervision  of  a  home  inspector
licensed  by  the state of New York or a professional engineer or archi-
tect regulated by the state of New York  who  oversees  and  takes  full
responsibility  for  the inspection and any report provided to a client;
and
  (c) have passed a written or electronic examination  approved  by  the
secretary[,  in  consultation  with  the  council], and designed to test
competence in home inspection practice as  determined  by  a  recognized
role definition methodology and developed and administered to the extent
practicable  in  a  manner  consistent  with  the  American  Educational
Research Association's  "Standards  for  Educational  and  Psychological
Testing."  An applicant who has passed an existing nationally recognized
examination, as approved by the secretary, prior to the  effective  date
of this article shall be in compliance with this paragraph; and
  (d) pay the applicable fees.
  2. The provisions of this section shall not apply to a person perform-
ing  a home inspection pursuant to subparagraph (ii) of paragraph (b) of
subdivision one of this section for the purpose of meeting  requirements
for a home inspector license.
  3.  Upon  submission  of an application and payment of the application
and licensure fee to the secretary, the secretary  shall  issue  a  home
inspector's  license  to  a  person  who holds a valid license as a home
inspector issued by another state or possession of the United States  or
the District of Columbia which has standards substantially equivalent to
those  of  this  state  as determined by the secretary[, in consultation
with the council].
  4. On or before the effective date  of  this  article,  the  secretary
shall, upon application, issue a home inspector license to a person who:

S. 6260--B                         21

  (a)  meets  the  requirements of paragraphs (a) and (c) of subdivision
one of  this  section  and  has  performed  one  hundred  or  more  home
inspections  for  compensation  within  two years prior to the effective
date of this section; or
  (b) meets the requirements of paragraph (a) of subdivision one of this
section  and  has  been  engaged  in the practice of home inspection for
compensation for not less than three years prior to the  effective  date
of this section during which such person has performed two hundred fifty
home inspections for compensation within three years prior to the effec-
tive date of this section; or
  (c) has education and experience which the secretary[, in consultation
with  the  council],  considers  equivalent to that required pursuant to
paragraphs (a) and (b) of this subdivision.
  S 65. Subdivision 1 of section 444-f of  the  real  property  law,  as
amended  by  chapter  225  of  the  laws  of 2005, is amended to read as
follows:
  1. Home inspector licenses and renewals thereof shall be issued for  a
period  of two years, except that the secretary may, in order to stagger
the expiration date thereof, provide that those licenses first issued or
renewed after the effective date of this section shall expire or  become
void  on  a  date fixed by the secretary, not sooner than six months nor
later than twenty-nine months after the date of issue. No renewal  of  a
license  shall be issued unless the applicant has successfully completed
a course of continuing education approved by the secretary[, in  consul-
tation with the council].
  S  66.  Subdivision  1  of  section 444-k of the real property law, as
added by chapter 461 of the laws of 2004, is amended to read as follows:
  1. Every licensed home inspector who is  engaged  in  home  inspection
shall  secure,  maintain, and file with the secretary proof of a certif-
icate of liability coverage, which terms and conditions shall be  deter-
mined by the secretary [in consultation with the council].
  S  67. Section 444-l of the real property law, as added by chapter 461
of the laws of 2004, is amended to read as follows:
  S 444-l. Duties of the secretary. The secretary shall[,  in  consulta-
tion with the council,] establish such rules and regulations as shall be
necessary to implement the provisions of this article.
  S  68.  Subdivision  6  of section 69-n of the general business law is
REPEALED.
  S 69. Chapter 868 of the laws of 1976, relating to  the  organic  food
advisory committee, is REPEALED.
  S  70.  Subdivisions  6, 7, 8 and 9 of section 73-b of the agriculture
and markets law are REPEALED and subdivision 10 is  renumbered  subdivi-
sion 6.
  S  71.  Subdivision  5  of section 73-b of the agriculture and markets
law, as added by chapter 276 of the laws of 2001, is amended to read  as
follows:
  5.  The  advisory  board,  which shall be chaired by the commissioner,
shall:
  (a) evaluate and prioritize the veterinary diagnostic laboratory needs
of industry, government and consumer entities;
  (b) provide advice and recommendations to the dean  of  the  New  York
state college of veterinary medicine for strategic direction of diagnos-
tic laboratory services;
  (c)  make  recommendations  to  the  dean regarding appointment of the
director of the laboratory; [and]

S. 6260--B                         22

  (d) assess the feasibility of the consolidation, expansion and modern-
ization of the current physical facilities of the laboratory;
  (E) PROVIDE ADVICE AND RECOMMENDATIONS TO THE DIRECTOR OF THE DIAGNOS-
TIC  LABORATORY  REGARDING  THE  EFFECTIVENESS  OF VETERINARY DIAGNOSTIC
LABORATORY SERVICES; AND
  (F) PROVIDE ADVICE AND RECOMMENDATIONS TO  THE  COMMISSIONER  AND  THE
DIRECTOR  OF  THE DIAGNOSTIC LABORATORY REGARDING ANIMAL HEALTH PROGRAMS
ADMINISTERED BY THE DEPARTMENT, TO INCLUDE BUT NOT BE LIMITED TO THE NEW
YORK STATE CATTLE HEALTH ASSURANCE PROGRAM AND THE EGG QUALITY ASSURANCE
PROGRAM.
  S 72. Paragraph (g) of subdivision 3 of section 73-b of  the  agricul-
ture  and  markets  law, as added by chapter 276 of the laws of 2001, is
amended to read as follows:
  (g) one member to be appointed by the governor, upon recommendation by
the commissioner[, from nominations  received  from  the  animal  health
issues committee];
  S  73.  Section  13-0308  of  the  environmental  conservation  law is
REPEALED.
  S 74. The opening paragraph of subdivision 15 of  section  13-0309  of
the  environmental conservation law, as added by chapter 512 of the laws
of 1994, is amended to read as follows:
  Unless and until regulations are adopted implementing a  comprehensive
long-term  management  plan  for  the protection of surf clams and ocean
quahogs in New York  waters  [prepared  in  conjunction  with  the  surf
clam/ocean quahog management advisory board pursuant to section 13-0308,
of  this  title],  the following restrictions shall apply in addition to
any consistent regulations adopted prior to the  date  upon  which  such
section shall take effect:
  S  75.  Subparagraph (ii) of paragraph 3 of subdivision (a) of section
83 of the state finance law, as amended by section 6 of part A of  chap-
ter 58 of the laws of 1998, is amended to read as follows:
  (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
graph, moneys arising out of the application of subdivision fourteen  of
section 13-0309 of the environmental conservation law, shall be deposit-
ed in a special account within the conservation fund, to be known as the
surf clam/ocean quahog account, and shall be available to the department
of  environmental  conservation,  including  contracts for such purposes
with a New York State institution of higher education currently involved
in local marine research, after  appropriation,  for  the  research  and
stock  assessment of surf clams and ocean quahogs [and the operations of
the surf clam/ocean quahog management advisory board].
  S 76. Intentionally omitted.
  S 77. Intentionally omitted.
  S 78. Intentionally omitted.
  S 79. Intentionally omitted.
  S 80. Intentionally omitted.
  S 81. Intentionally omitted.
  S 82. Intentionally omitted.
  S 83. Intentionally omitted.
  S 84. Intentionally omitted.
  S 85. Intentionally omitted.
  S 86. Intentionally omitted.
  S 87. Intentionally omitted.
  S 88. Intentionally omitted.
  S 89. Intentionally omitted.
  S 90. Intentionally omitted.

S. 6260--B                         23

  S 91. Intentionally omitted.
  S 92. Intentionally omitted.
  S 93. Intentionally omitted.
  S 94. Intentionally omitted.
  S 95. Intentionally omitted.
  S 96. Intentionally omitted.
  S 97. Intentionally omitted.
  S 98. Intentionally omitted.
  S 99. Intentionally omitted.
  S 100. Intentionally omitted.
  S 101. Intentionally omitted.
  S 102. Intentionally omitted.
  S 103. Intentionally omitted.
  S 104. Intentionally omitted.
  S 105. Intentionally omitted.
  S 106. Intentionally omitted.
  S 107. Intentionally omitted.
  S 108. Intentionally omitted.
  S 109. Intentionally omitted.
  S 110. Section 2407 of the public health law is REPEALED.
  S  111.  Subdivision  5  of  section  2409 of the public health law is
REPEALED and subdivisions 6 and 7 are renumbered subdivisions 5 and 6.
  S 112. The public health law is amended by adding a new section 2409-a
to read as follows:
  S 2409-A. ADVISORY COUNCIL. 1. THERE  IS  HEREBY  ESTABLISHED  IN  THE
DEPARTMENT  THE BREAST, CERVICAL AND OVARIAN CANCER DETECTION AND EDUCA-
TION PROGRAM ADVISORY COUNCIL, FOR THE PURPOSE OF ADVISING  THE  COMMIS-
SIONER WITH REGARDS TO PROVIDING INFORMATION TO CONSUMERS, PATIENTS, AND
HEALTH CARE PROVIDERS RELATING, BUT NOT LIMITED TO, BREAST, CERVICAL AND
OVARIAN CANCER, INCLUDING SIGNS AND SYMPTOMS, RISK FACTORS, THE BENEFITS
OF PREVENTION AND EARLY DETECTION, GUIDELINE CONCORDANT CANCER SCREENING
AND  DISEASE  MANAGEMENT,  OPTIONS FOR DIAGNOSTIC TESTING AND TREATMENT,
NEW TECHNOLOGIES, AND SURVIVORSHIP.
  2. THE ADVISORY COUNCIL SHALL MAKE RECOMMENDATIONS TO  THE  DEPARTMENT
REGARDING  THE  PROMOTION  AND IMPLEMENTATION OF PROGRAMS UNDER SECTIONS
TWENTY-FOUR HUNDRED SIX AND TWENTY-FOUR HUNDRED NINE OF THIS TITLE.
  3. THE COMMISSIONER SHALL APPOINT  TWENTY-ONE  VOTING  MEMBERS,  WHICH
SHALL  INCLUDE  REPRESENTATION  OF HEALTH CARE PROFESSIONALS, CONSUMERS,
PATIENTS AND OTHER APPROPRIATE INTEREST REFLECTIVE OF THE  DIVERSITY  OF
THE STATE, WITH EXPERTISE IN BREAST, CERVICAL AND/OR OVARIAN CANCER. THE
COMMISSIONER  SHALL  APPOINT ONE MEMBER AS A CHAIRPERSON. THE MEMBERS OF
THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT  SHALL
BE  ALLOWED  THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN PERFORMANCE
OF THEIR DUTIES.
  4. A MAJORITY OF THE APPOINTED VOTING MEMBERSHIP OF  THE  BOARD  SHALL
CONSTITUTE QUORUM.
  5.  THE  ADVISORY  COUNCIL  SHALL  MEET  AT LEAST TWICE A YEAR, AT THE
REQUEST OF THE DEPARTMENT.
  S 113. Section 844-a of the executive law is REPEALED.
  S 114. This act shall take effect immediately; provided that:
  (a) the amendments to the  opening  paragraph  of  subdivision  15  of
section  13-0309  of the environmental conservation law, made by section
seventy-four of this act, shall take effect on  the  same  date  as  the
reversion of such subdivision as provided in section 2 of chapter 158 of
the laws of 2011, as amended.

S. 6260--B                         24

  (b)  sections  forty-one,  forty-two,  forty-three, forty-four, forty-
five, forty-six and forty-seven of this act shall take effect  upon  the
resolution  of  all appeals pending before the freshwater appeals board;
provided, however, that such board, created by title 11 of article 24 of
the  environmental conservation law, as repealed by section forty-one of
this act, shall not accept any new cases as of  the  effective  date  of
this act; and
  (c)  the  commissioner of the department of environmental conservation
shall notify the legislative bill drafting commission  upon  the  resol-
ution  of  all  appeals  pending  before the freshwater appeals board in
order that the commission may maintain an accurate and timely  effective
date data base of the official text of the laws of the state of New York
in  furtherance  of  effectuating  the  provisions  of section 44 of the
legislative law and section 70-b of the public officers law.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through D of this act shall  be
as specifically set forth in the last section of such Parts.

S6260C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9060C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6260C (ACTIVE) - Bill Texts

view summary

Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2012-2013 state fiscal year; relates to supervision and regulation of the state gaming industry; relates to the state gaming commission (Part A); relates to transferring Belleayre Mountain ski center from the department of environmental conservation to the Olympic regional development authority (Part C); repeals provisions of law relating to direct marketing advisory councils for regional marketing areas; repeals provisions of law relating to the agricultural transportation review panel; repeals provisions of law relating to the Hudson valley agricultural advisory council; repeals provisions of law relating to the statewide wireless network advisory council; repeals provisions of law relating to the child welfare research advisory panel; repeals provisions of law relating to the boards of visitors; repeals provisions of law relating to the upstate and downstate New York tourism councils; repeals provisions of law relating to the upstate New York tourism council fund; repeals provisions of law relating to removing reference to the upstate and downstate New York tourism councils; repeals provisions of law relating to the solid waste management board; relates to removing reference to the solid waste management board; relates to doing away with a technical advisory committee and the hazardous waste disposal advisory committee; repeals provisions of law relating to the tow truck advisory board; repeals provisions of law relating to the advisory council within the New York state conservation corps; repeals provisions of law relating to the armored car carrier advisory board; relates to removing reference to the armored car carrier advisory board; repeals provisions of law relating to the Long Island Sound coastal advisory commission; repeals provisions of law relating to the barbers board; relates to doing away with the advisory committee on legal advocacy; repeals provisions of law relating to the veterans' hall of fame and the New York state veterans' hall of fame council; repeals provisions of law relating to appeal and review of matters affecting freshwater wetlands; relates to appeal and reviews of matters affecting freshwater wetlands; repeals provisions of law relating to the state environmental board; relates to removing reference to the state environmental board; repeals provisions of law relating to the regional forest practice boards and the state forest practice board; relates to removing reference to the regional forest practice boards; repeals provisions of law relating to the state home inspection council; relates to removing reference to the state home inspection council; repeals provisions of law relating to the advisory committee on the business of installing security or fire alarm systems; repeals provisions of law relating to the organic food advisory committee; repeals provisions of law relating to the New York state veterinary diagnostic laboratory; relates to duties of the New York state veterinary diagnostic laboratory and in relation to the New York state animal health issues committee; repeals provisions of law relating to the surf clam/ocean quahog management advisory board; relates to removing reference to the surf clam/ocean quahog management advisory board; repeals provisions of law relating to the breast and cervical cancer detection and education program advisory council and the ovarian cancer information advisory council; relates to creating the breast, cervical and ovarian cancer detection and education program advisory council; repeals provisions of law relating to the New York statewide law enforcement telecommunications committee (Part D).

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

    S. 6260--C                                            A. 9060--C

                      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

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

AN  ACT  to  amend the racing, pari-mutuel wagering and breeding law, in
  relation to supervision and regulation of the state  gaming  industry;
  and  to  amend  the racing, pari-mutuel wagering and breeding law, the
  general municipal law, the executive law and the tax law, in  relation
  to the state gaming commission; and to repeal article 1 of the racing,
  pari-mutuel  wagering  and  breeding law and sections 1602 and 1603 of
  the tax law relating thereto (Part A); intentionally omitted (Part B);
  to amend the public authorities law, in relation to  transferring  the
  Belleayre  Mountain  ski  center  from the department of environmental
  conservation to  the  New  York  state  Olympic  regional  development
  authority  (Part C); and to repeal section 285-a and subdivision 12 of
  section 283 of the agriculture and markets  law,  relating  to  direct
  marketing  advisory  councils  for regional marketing areas; to repeal
  section 7 of chapter 654 of the laws of 1994, amending the transporta-
  tion law and other laws relating to equipment requirements for  regis-
  tered  farm  vehicles,  relating  to  the  agricultural transportation
  review panel; to repeal section 285-b of the agriculture  and  markets
  law,  relating  to the Hudson valley agricultural advisory council; to
  repeal article 4 of the state technology law, relating to  the  state-
  wide wireless network advisory council; to repeal section 372-a of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12675-05-2

S. 6260--C                          2                         A. 9060--C

  social  services  law, relating to the child welfare research advisory
  panel; to amend the public health law, in  relation  to  provision  of
  information  about  the  abandoned  infant  protection  act; to repeal
  sections  520  and 521 of the executive law, relating to the boards of
  visitors; to repeal article 28 of the executive law and paragraph  (p)
  of subdivision 1 of section 17 of the public officers law, relating to
  the upstate and downstate New York tourism councils; to repeal section
  92-y  of the state finance law, relating to the upstate New York tour-
  ism council fund; to amend the highway law and the education  law,  in
  relation  to  removing reference to the upstate and downstate New York
  tourism councils; to  repeal  section  27-0702  of  the  environmental
  conservation  law,  relating  to  the solid waste management board; to
  amend the environmental conservation law and the state finance law, in
  relation to removing reference to the solid waste management board; to
  amend the public authorities law, in relation to  doing  away  with  a
  technical advisory committee and the hazardous waste disposal advisory
  committee and to repeal certain provisions of law relating thereto; to
  repeal  section  216-b of the vehicle and traffic law, relating to the
  tow truck advisory board; to repeal subdivision 9 of section  3.23  of
  the  parks,  recreation and historic preservation law, relating to the
  advisory council within the New  York  state  conservation  corps;  to
  repeal  section  89-mmm  of the general business law, relating  to the
  armored car carrier advisory board; to amend the executive law and the
  general business law, in relation to removing reference to the armored
  car carrier advisory board and to repeal  certain  provisions  of  the
  general  business  law  relating thereto; to repeal section 923 of the
  executive law, relating to the  Long  Island  Sound  coastal  advisory
  commission;  to  repeal  section  433-a  of  the general business law,
  relating to the barbers board; to amend the social  services  law,  in
  relation  to doing away with the advisory committee on legal advocacy;
  to repeal subdivisions 8 and 9  of  section  350,  subdivision  16  of
  section  353,  and  sections  365,  365-a, 365-b, 365-c, 365-d, 365-e,
  365-f and 365-g of the executive law, relating to the  veterans'  hall
  of  fame  and  the  New  York state veterans' hall of fame council; to
  repeal title 11 of article 24 of the environmental  conservation  law,
  relating   to  appeal  and  review  of  matters  affecting  freshwater
  wetlands; to amend the environmental conservation law, in relation  to
  appeal and reviews of matters affecting freshwater wetlands; to repeal
  subdivision 3 of section 1-0303, article 5, section 19-0917 and subdi-
  vision  4  of  section  29-0103 of the environmental conservation law,
  relating to the state environmental board; to amend the  environmental
  conservation law, in relation to removing reference to the state envi-
  ronmental  board; to repeal sections 9-0705, 9-0707, 9-0709 and 9-0711
  of the environmental conservation law, relating to the regional forest
  practice boards and the state forest  practice  board;  to  amend  the
  environmental  conservation  law, in relation to removing reference to
  the regional forest  practice  boards;  to  repeal  subdivision  1  of
  section  444-b  of  the  real property law, relating to the state home
  inspection council; to amend the real property  law,  in  relation  to
  removing  reference  to  the  state home inspection council; to repeal
  subdivision 6 of section 69-n of the general business law, in relation
  to the advisory committee on the business of  installing  security  or
  fire alarm systems; to repeal chapter 868 of the laws of 1976 relating
  to  the  organic  food advisory committee, relating thereto; to repeal
  subdivisions 6, 7, 8, and 9 of section 73-b  of  the  agriculture  and
  markets  law,  relating  to  the  New York state veterinary diagnostic

S. 6260--C                          3                         A. 9060--C

  laboratory; to amend the agriculture and markets law, in  relation  to
  duties  of  the New York state veterinary diagnostic laboratory and in
  relation to the New York state  animal  health  issues  committee;  to
  repeal section 13-0308 of the environmental conservation law, relating
  to  the surf clam/ocean quahog management advisory board; to amend the
  environmental conservation law and the state finance law, in  relation
  to  removing  reference to the surf clam/ocean quahog management advi-
  sory board; to repeal section 2407 and subdivision 5 of  section  2409
  of  the  public health law, relating to the breast and cervical cancer
  detection and education  program  advisory  council  and  the  ovarian
  cancer  information  advisory council; to amend the public health law,
  in relation to  creating  the  breast,  cervical  and  ovarian  cancer
  detection  and  education  program  advisory  council;  and  to repeal
  section 844-a of the executive law, relating to the New York statewide
  law enforcement telecommunications committee (Part D)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2012-2013
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through D. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1. Article 1 of the racing, pari-mutuel wagering and breeding
law is REPEALED and a new article 1 is added to read as follows:
                                ARTICLE 1
                       SUPERVISION AND REGULATION
SECTION 100.   LEGISLATIVE INTENT.
        101.   DEFINITIONS.
        102.   NEW YORK STATE GAMING COMMISSION.
        103.   ORGANIZATION AND DIVISIONS.
        104.   POWERS AND DUTIES OF THE COMMISSION.
        105.   QUORUM.
        106.   SALARY AND EXPENSES.
        107.   CONFLICTS PROHIBITED.
        108.   CERTAIN RESTRICTIONS ON WAGERING.
        109.   SUPPLEMENTARY REGULATORY POWERS OF THE COMMISSION.
        110.   STATEMENT OF STOCKHOLDERS TO BE FILED.
        111.   COMPULSIVE GAMBLING ASSISTANCE.
        112.   PARI-MUTUEL OPERATIONS; FILING OF  TAX  FORMS  AND  OTHER
                 STATISTICS.
        113.   FILING OF PARI-MUTUEL TAX RETURNS OR REPORTS BY ELECTRON-
                 IC MEANS.
        114.   PRACTICE AND PROCEDURE.
        115.   REGULATORY FEES.

S. 6260--C                          4                         A. 9060--C

        115-A. FEE FOR THE START OF A HORSE IN NEW YORK STATE PARI-MUTU-
                EL RACES.
        116.   PENALTIES.
        117.   TRANSFER OF FUNCTIONS.
        118.   TRANSFER OF EMPLOYEES.
        119.   TRANSFER OF RECORDS.
        120.   CONTINUITY OF AUTHORITY.
        121.   COMPLETION OF UNFINISHED BUSINESS.
        122.   CONTINUATION OF RULES AND REGULATIONS.
        123.   TERMS OCCURRING IN LAWS, CONTRACTS AND OTHER DOCUMENTS.
        124.   EXISTING RIGHTS AND REMEDIES PRESERVED.
        125.   PENDING ACTIONS OR PROCEEDINGS.
        126.   TRANSFER OF APPROPRIATIONS HERETOFORE MADE.
        127.   TRANSFER OF ASSETS AND LIABILITIES.
        128.   PROMULGATION OF RULES AND REGULATIONS.
        129.   CONSTRUCTION OF OTHER LAWS OF PROVISIONS.
  S  100.  LEGISLATIVE INTENT. THE LEGISLATURE FINDS AND DETERMINES THAT
THE GAMING INDUSTRIES CONSTITUTE A VITAL  SECTOR  OF  NEW  YORK  STATE'S
OVERALL  ECONOMY. THE LEGISLATURE ALSO FINDS AND DETERMINES THAT RESPON-
SIVE, EFFECTIVE, INNOVATIVE, STATE GAMING  REGULATION  IS  NECESSARY  TO
OPERATE IN A GLOBAL, EVOLVING AND INCREASINGLY COMPETITIVE MARKET PLACE.
THE  LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT THIS LEGISLATION
IS NECESSARY TO MODERNIZE AND TRANSFORM THE PRESENT STATE  GAMING  AGEN-
CIES INTO A NEW INTEGRATED STATE GAMING COMMISSION.
  THE CONTINUED GROWTH OF THE GAMING INDUSTRY WILL CONTRIBUTE TO ECONOM-
IC  DEVELOPMENT AND JOB CREATION IN THIS STATE.  THEREFORE, IT IS ESSEN-
TIAL TO MAINTAIN THE PUBLIC CONFIDENCE AND TRUST IN THE CREDIBILITY  AND
INTEGRITY  OF  LEGALIZED GAMING ACTIVITIES. TO ENSURE SUCH PUBLIC CONFI-
DENCE AND TRUST, THIS ARTICLE  PROVIDES  THAT  THE  REGULATION  OF  SUCH
GAMING  IS TO BE CONDUCTED IN THE MOST EFFICIENT, TRANSPARENT AND EFFEC-
TIVE MANNER POSSIBLE. BY CONSOLIDATING VARIOUS REGULATORY FUNCTIONS INTO
A SINGLE OVERSIGHT BODY WITH BROAD POWERS, THIS ARTICLE  ENSURES  STRICT
STATE  REGULATION  OF ALL CORPORATIONS, ASSOCIATIONS AND PERSONS ENGAGED
IN GAMING ACTIVITY. FURTHER, BY CONSOLIDATING REGULATORY FUNCTIONS  INTO
A  SINGLE  OVERSIGHT BODY, THIS ARTICLE WILL INCREASE EFFICIENCY, REDUCE
COSTS AND ELIMINATE ANY  UNNECESSARY  REDUNDANCIES  IN  REGULATION.  THE
IMPROVED  REGULATORY  STRUCTURE ESTABLISHED BY THIS ARTICLE WILL ENSURE,
SO FAR AS PRACTICABLE, THE EXCLUSION OF UNSUITABLE PERSONS  OR  ENTITIES
FROM  PARTICIPATING  IN ANY LEGALIZED GAMING ACTIVITY WITHIN THIS STATE.
THE GOAL OF THIS ARTICLE IS THAT ALL GAMING ACTIVITY CONDUCTED  IN  THIS
STATE WILL BE OF THE HIGHEST INTEGRITY, CREDIBILITY AND QUALITY AND THAT
THE  BEST  INTERESTS  OF THE PUBLIC, BOTH GAMING AND NON-GAMING, WILL BE
SERVED.  ADDITIONALLY, DURING THE TERM  OF  APPOINTMENT  OR  EMPLOYMENT,
EVERY  MEMBER,  OFFICER  AND EMPLOYEE OF THE COMMISSION SHALL BE HELD TO
THE HIGHEST ETHICAL STANDARDS AND AVOID  ANY  CONFLICT  OF  INTEREST  OR
APPEARANCE  THEREOF.   FINALLY, IT IS DETERMINED BY THE LEGISLATURE THAT
THE PUBLIC INTEREST IS BEST SERVED BY THOSE PERSONS OR ENTITIES  ENGAGED
IN  GAMING  ACTIVITY PAYING THE COST OF REGULATING SUCH ACTIVITY THROUGH
REASONABLE REGULATORY FEES.
  S 101. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "PUBLIC OFFICER" SHALL MEAN EVERY ELECTED STATE AND  LOCAL  OFFICER
AND  EVERY  OTHER  STATE AND LOCAL OFFICER, AS DEFINED IN SECTION TWO OF
THE PUBLIC OFFICERS LAW,  WHOSE  DUTIES  RELATE  TO  PARI-MUTUEL  RACING
ACTIVITIES  OR  THE  TAXATION  THEREOF, WHO IS REQUIRED TO DEVOTE ALL OR
SUBSTANTIALLY ALL OF HIS OR HER TIME TO THE DUTIES OF HIS OR HER  OFFICE

S. 6260--C                          5                         A. 9060--C

FOR  WHICH HE OR SHE RECEIVES COMPENSATION OR IF EMPLOYED ON A PART-TIME
OR OTHER BASIS  RECEIVES  COMPENSATION  IN  EXCESS  OF  TWELVE  THOUSAND
DOLLARS  PER  ANNUM,  A  MEMBER  OR  OFFICER OF THE STATE LEGISLATURE, A
MEMBER,  DIRECTOR  OR  OFFICER  OF  THE  STATE GAMING COMMISSION, OR ANY
REGIONAL OFF-TRACK BETTING CORPORATION, OR A MEMBER OF A LOCAL  LEGISLA-
TIVE BODY.
  2.  "PUBLIC EMPLOYEE" SHALL MEAN EVERY PERSON EMPLOYED BY THE STATE OR
ANY MUNICIPALITY OR OTHER POLITICAL SUBDIVISION THEREOF OR  BY  A  LOCAL
LEGISLATIVE BODY, OTHER THAN A PUBLIC OFFICER DEFINED IN SUBDIVISION ONE
OF  THIS  SECTION, WHO IS REQUIRED TO DEVOTE ALL OR SUBSTANTIALLY ALL OF
HIS OR HER TIME TO THE DUTIES OF HIS OR HER EMPLOYMENT FOR WHICH  HE  OR
SHE  RECEIVES COMPENSATION, OR IF EMPLOYED ON A PART-TIME BASIS RECEIVES
COMPENSATION IN EXCESS OF TWELVE  THOUSAND  DOLLARS  PER  ANNUM,  OR  AN
EMPLOYEE  OF  THE  STATE  LEGISLATURE OR AN EMPLOYEE OF THE STATE GAMING
COMMISSION.
  3. "PARTY OFFICER" SHALL MEAN THE FOLLOWING MEMBERS OR OFFICERS OF ANY
POLITICAL PARTY:
  (A) A MEMBER OF A NATIONAL COMMITTEE;
  (B) A CHAIRMAN, VICE-CHAIRMAN, SECRETARY, TREASURER OR  COUNSEL  OF  A
STATE COMMITTEE, OR MEMBER OF THE EXECUTIVE COMMITTEE OF A STATE COMMIT-
TEE;
  (C)  A  COUNTY  LEADER, CHAIRMAN, VICE-CHAIRMAN, COUNSEL, SECRETARY OR
TREASURER OF A COUNTY COMMITTEE.
  4. "LOCAL LEGISLATIVE BODY" SHALL MEAN THE LEGISLATIVE BODY OF A COUN-
TY; THE COUNCIL, COMMON COUNCIL OR BOARD OF ALDERMEN AND  THE  BOARD  OF
ESTIMATE,  THE  BOARD OF ESTIMATE AND APPORTIONMENT OR BOARD OF ESTIMATE
AND CONTRACT, IF THERE BE ONE, OF A CITY; THE TOWN BOARD OF A  TOWN  AND
THE VILLAGE BOARD OF A VILLAGE.
  5.  "GAMING  ACTIVITY" SHALL MEAN THE CONDUCT OF ANY FORM OF LEGALIZED
GAMING, INCLUDING, BUT NOT LIMITED TO, CLASS III GAMING UNDER THE INDIAN
GAMING REGULATORY ACT, 25 U.S.C. S 2701 ET SEQ.,  PARI-MUTUEL  WAGERING,
BOTH  ON-TRACK  AND  OFF-TRACK, BINGO AND CHARITABLE GAMES OF CHANCE AND
THE STATE LOTTERY FOR EDUCATION.
  6. "COMMISSION" OR "STATE GAMING COMMISSION" SHALL MEAN THE  NEW  YORK
STATE  GAMING  COMMISSION CREATED PURSUANT TO SECTION ONE HUNDRED TWO OF
THIS ARTICLE.
  S 102. NEW YORK STATE GAMING COMMISSION. 1. THERE  IS  HEREBY  CREATED
WITHIN  THE  EXECUTIVE  DEPARTMENT THE NEW YORK STATE GAMING COMMISSION.
THE COMMISSION SHALL CONSIST OF SEVEN MEMBERS APPOINTED BY THE  GOVERNOR
BY  AND WITH THE ADVICE AND CONSENT OF THE SENATE. OF THE SEVEN MEMBERS,
ONE SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE  TEMPORARY  PRESI-
DENT OF THE SENATE AND ONE SHALL BE APPOINTED UPON THE RECOMMENDATION OF
THE  SPEAKER OF THE ASSEMBLY. ALL MEMBERS SHALL CONTINUE IN OFFICE UNTIL
THEIR SUCCESSORS HAVE BEEN APPOINTED AND QUALIFIED.
  2. MEMBERS OF THE COMMISSION SHALL EACH  POSSESS  NO  LESS  THAN  FIVE
YEARS  OF  RESPONSIBLE  ADMINISTRATIVE  EXPERIENCE IN PUBLIC OR BUSINESS
ADMINISTRATION AND HAVE ANY ONE OR MORE OF THE FOLLOWING QUALIFICATIONS:
  (A) SIGNIFICANT SERVICE AS A CERTIFIED PUBLIC  ACCOUNTANT  EXPERIENCED
IN ACCOUNTING AND AUDITING,
  (B) A COMPREHENSIVE KNOWLEDGE OF CORPORATE FINANCE AND SECURITIES,
  (C)  PROFESSIONAL  EXPERIENCE  IN GAMING OR RACING REGULATORY ADMINIS-
TRATION OR GAMING OR RACING INDUSTRY MANAGEMENT, OR
  (D) SIGNIFICANT EXPERIENCE IN THE FIELDS  OF  CRIMINAL  INVESTIGATION,
LAW ENFORCEMENT, OR LAW.
  3.  A  MEMBER  SHALL  BE  DESIGNATED AS CHAIR OF THE COMMISSION BY THE
GOVERNOR TO SERVE IN SUCH CAPACITY AT THE PLEASURE OF  THE  GOVERNOR  OR

S. 6260--C                          6                         A. 9060--C

UNTIL  HIS  OR  HER  TERM  AS COMMISSION MEMBER EXPIRES, WHICHEVER FIRST
OCCURS. THE  MEMBERS  SHALL  BE  APPOINTED  FOR  TERMS  OF  FIVE  YEARS;
PROVIDED,  HOWEVER, THAT INITIAL APPOINTMENTS TO THE COMMISSION SHALL BE
FOR TERMS AS FOLLOWS:
  (A)  ONE  MEMBER  APPOINTED BY THE GOVERNOR SHALL SERVE FOR A ONE YEAR
TERM, ONE MEMBER APPOINTED BY THE GOVERNOR SHALL SERVE FOR  A  TWO  YEAR
TERM,  ONE MEMBER APPOINTED BY THE GOVERNOR SHALL SERVE FOR A THREE YEAR
TERM, ONE MEMBER APPOINTED BY THE GOVERNOR SHALL SERVE FOR A  FOUR  YEAR
TERM,  ONE  MEMBER APPOINTED BY THE GOVERNOR SHALL SERVE FOR A FIVE YEAR
TERM; AND
  (B) EACH OF THE MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDA-
TION OF THE TEMPORARY PRESIDENT OF THE SENATE AND UPON  THE  RECOMMENDA-
TION OF THE SPEAKER OF THE ASSEMBLY SHALL SERVE FOR A FOUR YEAR TERM.
  4.  THE  MEMBERS SHALL, WHEN PERFORMING THE WORK OF THE COMMISSION, BE
COMPENSATED AT A RATE OF THREE HUNDRED DOLLARS PER DAY, TOGETHER WITH AN
ALLOWANCE FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF
THEIR DUTIES.
  5. THE MEMBERS OF THE COMMISSION  SHALL  NOT  HOLD  ANY  OTHER  PUBLIC
OFFICE  OR  PUBLIC EMPLOYMENT FOR WHICH THEY SHALL RECEIVE COMPENSATION,
OTHER THAN NECESSARY TRAVEL OR OTHER EXPENSES INCURRED IN  THE  PERFORM-
ANCE  OF  THE DUTIES OF SUCH OFFICE OR EMPLOYMENT. MEMBERS MAY ENGAGE IN
PRIVATE EMPLOYMENT OR IN A PROFESSION OR  BUSINESS,  PROVIDED,  HOWEVER,
SUCH  EMPLOYMENT  DOES NOT INTERFERE OR CONFLICT WITH THE PERFORMANCE OR
PROPER DISCHARGE OF HIS OR HER DUTIES.
  6. EACH MEMBER OF THE COMMISSION SHALL BE A RESIDENT OF THE  STATE  OF
NEW YORK. NO MEMBER OF THE LEGISLATURE OR PERSON HOLDING ANY ELECTIVE OR
APPOINTIVE  OFFICE  IN  THE  FEDERAL, STATE OR LOCAL GOVERNMENT SHALL BE
ELIGIBLE TO SERVE AS A MEMBER OF THE COMMISSION.
  7. THE GOVERNOR MAY REMOVE ANY MEMBER  FOR  INEFFICIENCY,  NEGLECT  OF
DUTY  OR  MISCONDUCT  IN  OFFICE  AFTER  GIVING HIM OR HER A COPY OF THE
CHARGES AGAINST THEM, AND AN OPPORTUNITY OF BEING HEARD IN PERSON OR  BY
COUNSEL  IN  THEIR  OWN DEFENSE, UPON NOT LESS THAN TEN DAYS' NOTICE. IF
SUCH MEMBER SHALL BE REMOVED, THE GOVERNOR SHALL FILE IN THE  OFFICE  OF
THE  DEPARTMENT  OF  STATE  A COMPLETE STATEMENT OF CHARGES MADE AGAINST
SUCH MEMBER, AND HIS OR HER FINDINGS THEREON, TOGETHER WITH  A  COMPLETE
RECORD OF THE PROCEEDING.
  S 103. ORGANIZATION AND DIVISIONS. 1. THE COMMISSION SHALL ESTABLISH A
PLAN  OF  ORGANIZATION AND MAY INCUR EXPENSES WITHIN THE LIMITS OF FUNDS
AVAILABLE TO IT.  AN EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE GOVER-
NOR, WITH THE ADVICE AND CONSENT OF THE SENATE, WHO SHALL SERVE  AT  HIS
OR  HER  PLEASURE.  THE  EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE
CONDUCT OF THE ADMINISTRATIVE AFFAIRS OF THE COMMISSION.
  2. THE COMMISSION SHALL ESTABLISH  AND  SUPERVISE  FOUR  DIVISIONS  TO
RESPECTIVELY  CARRY  OUT RESPONSIBILITIES RELATING TO THE REGULATION AND
ENFORCEMENT OF THE FOLLOWING: LOTTERY, CHARITABLE  GAMING,  GAMING,  AND
HORSE  RACING  AND  PARI-MUTUEL  WAGERING.  EACH  SUCH DIVISION SHALL BE
SUPERVISED BY A DIVISION DIRECTOR, EACH TO SERVE IN SUCH CAPACITY AT THE
PLEASURE OF THE GOVERNOR.
  (A) DIVISION OF LOTTERY. THE DIVISION OF LOTTERY SHALL BE  RESPONSIBLE
TO OPERATE AND ADMINISTER THE STATE LOTTERY FOR EDUCATION, AS PRESCRIBED
BY  ARTICLE  THIRTY-FOUR  OF THE TAX LAW, EXCEPTING RESPONSIBILITIES FOR
VIDEO LOTTERY GAMING.  NOTWITHSTANDING THE FOREGOING, THE DIVISION SHALL
RETAIN THE RESPONSIBILITY FOR  ALL  ASPECTS  OF  PROMOTIONAL  ACTIVITIES
RELATED TO VIDEO LOTTERY GAMING.
  (B)  CHARITABLE  GAMING.  THE  DIVISION  OF CHARITABLE GAMING SHALL BE
RESPONSIBLE FOR THE SUPERVISION  AND  ADMINISTRATION  OF  THE  GAMES  OF

S. 6260--C                          7                         A. 9060--C

CHANCE  LICENSING  LAW,  BINGO  LICENSING  LAW  AND BINGO CONTROL LAW AS
PRESCRIBED BY ARTICLES NINE-A AND FOURTEEN-H OF  THE  GENERAL  MUNICIPAL
LAW AND NINETEEN-B OF THE EXECUTIVE LAW.
  (C) GAMING. THE DIVISION OF GAMING SHALL BE RESPONSIBLE FOR THE APPRO-
PRIATE  ADMINISTRATION,  REGULATION  OR  OVERSIGHT  OF  INDIAN GAMING AS
DEFINED BY TRIBAL-STATE COMPACTS IN EFFECT PURSUANT TO THE INDIAN GAMING
REGULATORY ACT, 25 U.S.C. S 2701, ET SEQ., AND  OPERATION  AND  ADMINIS-
TRATION OF VIDEO LOTTERY GAMING, AS PRESCRIBED BY ARTICLE THIRTY-FOUR OF
THE TAX LAW.
  (D)  HORSE  RACING  AND  PARI-MUTUEL  WAGERING.  THE DIVISION OF HORSE
RACING AND PARI-MUTUEL WAGERING SHALL  BE  RESPONSIBLE  FOR  THE  SUPER-
VISION, REGULATION AND ADMINISTRATION OF ALL HORSE RACING AND PARI-MUTU-
EL  WAGERING ACTIVITIES, AS PRESCRIBED BY ARTICLES TWO THROUGH ELEVEN OF
THIS CHAPTER.
  S 104. POWERS AND DUTIES OF THE COMMISSION. THE COMMISSION SHALL  HAVE
THE AUTHORITY AND RESPONSIBILITY:
  1.  TO HAVE GENERAL JURISDICTION OVER ALL GAMING ACTIVITIES WITHIN THE
STATE AND OVER THE CORPORATIONS, ASSOCIATIONS AND PERSONS ENGAGED THERE-
IN.
  2. TO HEAR AND DECIDE PROMPTLY AND IN REASONABLE  ORDER  ALL  LICENSE,
REGISTRATION,  CERTIFICATE AND PERMIT APPLICATIONS, AND CAUSES AFFECTING
THE GRANTING, SUSPENSION,  REVOCATION  OR  RENEWAL  THEREOF,  OF  CORPO-
RATIONS,  ASSOCIATIONS OR PERSONS ENGAGED OR SEEKING TO ENGAGE IN GAMING
ACTIVITY.
  3. TO TEST OR CAUSE TO HAVE TESTED AND APPROVE  SURVEILLANCE  SYSTEMS,
GAMES OF CHANCE, GAMING DEVICES AND LOTTERY GAMES.
  4. TO MONITOR ANY CORPORATION, ASSOCIATION OR PERSON ENGAGED IN GAMING
ACTIVITY FOR COMPLIANCE WITH THIS CHAPTER.
  5. TO, AT ANY TIME, EXAMINE THE BOOKS, PAPERS, RECORDS AND ACCOUNTS OF
ANY CORPORATION, ASSOCIATION OR PERSON ENGAGED IN GAMING ACTIVITY PURSU-
ANT  TO A LICENSE, REGISTRATION, FRANCHISE, CERTIFICATE OR PERMIT ISSUED
BY THE COMMISSION.
  6. TO CONDUCT INVESTIGATIONS AND HEARINGS PERTAINING TO VIOLATIONS  OF
THIS CHAPTER. EACH MEMBER OF THE COMMISSION AND SUCH OFFICERS, EMPLOYEES
OR  AGENTS  OF THE COMMISSION AS MAY BE DESIGNATED BY THE COMMISSION FOR
SUCH PURPOSE SHALL HAVE  THE  POWER  TO  ADMINISTER  OATHS  AND  EXAMINE
WITNESSES.
  7.  EACH  MEMBER  OF  THE  COMMISSION, AND SUCH OFFICERS, EMPLOYEES OR
AGENTS OF THE COMMISSION AS MAY BE DESIGNATED BY THE COMMISSION FOR SUCH
PURPOSE, SHALL HAVE THE POWER TO ADMINISTER OATHS AND EXAMINE WITNESSES,
AND MAY ISSUE SUBPOENAS TO  COMPEL  ATTENDANCE  OF  WITNESSES,  AND  THE
PRODUCTION  OF  ALL  RELEVANT AND MATERIAL REPORTS, BOOKS, PAPERS, DOCU-
MENTS, CORRESPONDENCE AND OTHER EVIDENCE.
  8. TO COLLECT ALL LICENSE AND REGISTRATION FEES IMPOSED BY STATE  LAW,
OR RULES OR REGULATIONS PROMULGATED THEREUNDER, AND ANY PAYMENTS FROM AN
INDIAN NATION OR TRIBE UNDER THE TERMS OF A TRIBAL-STATE COMPACT THAT IS
IN  EFFECT  PURSUANT  TO  THE  FEDERAL  INDIAN GAMING REGULATORY ACT, 25
U.S.C. S 2701, ET SEQ.
  9. TO LEVY AND COLLECT CIVIL PENALTIES AND FINES FOR ANY VIOLATION  OF
THIS CHAPTER.
  10.  TO  BE PRESENT THROUGH ITS EMPLOYEES AND AGENTS DURING THE OPERA-
TION OF ANY RACE TRACK, GAMING FACILITY, CHARITABLE GAMING ORGANIZATION,
SIMULCASTING FACILITY OR VIDEO LOTTERY GAMING FACILITY FOR  THE  PURPOSE
OF  CERTIFYING THE REVENUE THEREOF, RECEIVING COMPLAINTS FROM THE PUBLIC
RELATING TO THE CONDUCT OF GAMING  AND  SIMULCAST  WAGERING  ACTIVITIES,
EXAMINING  RECORDS  OF  REVENUES AND PROCEDURES, AND CONDUCTING PERIODIC

S. 6260--C                          8                         A. 9060--C

REVIEWS OF OPERATIONS AND FACILITIES  FOR  PURPOSES  OF  EVALUATING  ANY
CURRENT OR SUGGESTED PROVISION OF LAW, RULE OR REGULATION.
  11. TO ENSURE COMPLIANCE WITH TRIBAL-STATE GAMING COMPACTS THAT ARE IN
EFFECT PURSUANT TO THE FEDERAL INDIAN GAMING REGULATORY ACT, 25 U.S.C. S
2701, ET SEQ.
  12. TO REFER TO A LAW ENFORCEMENT AGENCY OF COMPETENT JURISDICTION ANY
EVIDENCE OF A VIOLATION OF LAW.
  13.  TO  CAUSE BACKGROUND INVESTIGATIONS TO BE CONDUCTED ON ANY APPLI-
CANT FOR A LICENSE, REGISTRATION, CERTIFICATE, PERMIT OR APPROVAL.
  14. TO ACCESS THE CRIMINAL HISTORY RECORDS OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES, PURSUANT  TO  SUBDIVISION  EIGHT-A  OF  SECTION  EIGHT
HUNDRED  THIRTY-SEVEN OF THE EXECUTIVE LAW, IN CONNECTION WITH EXECUTING
THE RESPONSIBILITIES OF THE COMMISSION RELATING TO THE REGULATION, OVER-
SIGHT, LICENSING, PERMITTING OR CERTIFICATION, INCLUDING FINGERPRINTING,
CRIMINAL HISTORY RECORD CHECKS AND BACKGROUND INVESTIGATIONS, OF PERSONS
APPLYING TO ENGAGE IN GAMING ACTIVITIES. AT THE REQUEST OF  THE  COMMIS-
SION,  THE  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL SUBMIT A FINGER-
PRINT CARD, ALONG WITH THE SUBJECT'S  PROCESSING  FEE,  TO  THE  FEDERAL
BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING A CRIMINAL HISTORY
SEARCH  AND  RETURNING  A  REPORT  THEREON. THE COMMISSION SHALL ALSO BE
ENTITLED TO REQUEST AND RECEIVE, PURSUANT TO  A  WRITTEN  MEMORANDUM  OF
UNDERSTANDING FILED WITH THE DEPARTMENT OF STATE, ANY INFORMATION IN THE
POSSESSION  OF  THE STATE ATTORNEY GENERAL RELATING TO THE INVESTIGATION
OF ORGANIZED  CRIME,  GAMING  OFFENSES,  OTHER  REVENUE  CRIMES  OR  TAX
EVASION.  PROVIDED HOWEVER, THE ATTORNEY GENERAL MAY WITHHOLD ANY INFOR-
MATION  THAT (A) WOULD IDENTIFY A CONFIDENTIAL SOURCE OR DISCLOSE CONFI-
DENTIAL INFORMATION RELATING TO  A  CRIMINAL  INVESTIGATION,  (B)  WOULD
INTERFERE  WITH  LAW ENFORCEMENT INVESTIGATIONS OR JUDICIAL PROCEEDINGS,
(C) REVEAL CRIMINAL INVESTIGATIVE TECHNIQUES  OR  PROCEDURES,  THAT,  IF
DISCLOSED,  COULD  ENDANGER  THE  LIFE  OR  SAFETY OF ANY PERSON, OR (D)
CONSTITUTES RECORDS RECEIVED FROM OTHER STATE, LOCAL OR FEDERAL AGENCIES
THAT THE ATTORNEY GENERAL IS PROHIBITED BY LAW, REGULATION OR  AGREEMENT
FROM DISCLOSING.
  15.  (A) THE COMMISSION SHALL HAVE THE POWER TO APPOINT SUCH DEPUTIES,
SECRETARY, OFFICERS, REPRESENTATIVES AND COUNSEL AS THE  COMMISSION  MAY
DEEM  NECESSARY,  WHO  SHALL  BE DESIGNATED TO BE IN THE EXEMPT CLASS OF
CIVIL SERVICE.  ANY NEWLY HIRED EMPLOYEES WHO ARE NOT DESIGNATED  TO  BE
IN  THE  EXEMPT  CLASS OF CIVIL SERVICE PURSUANT TO THIS SUBDIVISION AND
WHO ARE NOT SUBJECT TO THE TRANSFER PROVISIONS SET FORTH IN SECTION  ONE
HUNDRED  EIGHTEEN  OF  THIS  ARTICLE SHALL BE CONSIDERED FOR PURPOSES OF
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW TO BE PUBLIC EMPLOYEES IN  THE
CIVIL  SERVICE  OF  THE  STATE, AND SHALL BE ASSIGNED TO THE APPROPRIATE
COLLECTIVE BARGAINING UNIT. EMPLOYEES  SERVING  IN  POSITIONS  IN  NEWLY
CREATED  TITLES SHALL BE ASSIGNED TO THE SAME COLLECTIVE BARGAINING UNIT
AS THEY WOULD HAVE BEEN ASSIGNED TO WERE SUCH TITLES  CREATED  PRIOR  TO
THE ESTABLISHMENT OF THE COMMISSION.
  (B)  IT SHALL BE THE DUTY OF THE SECRETARY TO KEEP A FULL AND FAITHFUL
RECORD OF THE PROCEEDINGS OF THE COMMISSION,  PRESERVE  AT  THE  GENERAL
OFFICE OF THE COMMISSION ALL BOOKS, MAPS, DOCUMENTS AND PAPERS ENTRUSTED
TO  HIS  OR HER CARE, PREPARE FOR SERVICE SUCH PAPERS AND NOTICES AS MAY
BE REQUIRED BY THE COMMISSION, AND PERFORM  SUCH  OTHER  DUTIES  AS  THE
COMMISSION MAY PRESCRIBE.
  16. TO OPERATE, OR IMMEDIATELY APPOINT OR CONTRACT WITH AN INDEPENDENT
THIRD  PARTY  TO  OPERATE,  ANY VIDEO LOTTERY GAMING FACILITY SUBJECT TO
LICENSURE BY THE COMMISSION ON AN INTERIM BASIS IN THE  EVENT  THAT  THE
LICENSED  OPERATOR OR OPERATORS OF SUCH FACILITY DISCONTINUES OPERATIONS

S. 6260--C                          9                         A. 9060--C

DUE TO FINANCIAL, REGULATORY OR ANY OTHER CIRCUMSTANCES, INCLUDING,  BUT
NOT  LIMITED  TO,  LICENSE REVOCATION, RELINQUISHMENT OR EXPIRATION, AND
THE COMMISSION DETERMINES, AFTER NOTICE AND AN OPPORTUNITY FOR  HEARING,
THAT  IT  WOULD FURTHER THE PUBLIC INTEREST TO CONTINUE SUCH OPERATIONS.
SUCH OPERATION SHALL BE ON A TEMPORARY BASIS, NOT TO EXCEED ONE  HUNDRED
EIGHTY  DAYS,  UNTIL  SUCH  TIME AS A PERMANENT OPERATOR IS LICENSED AND
AUTHORIZED TO OPERATE SUCH FACILITY.
  17.   TO RETAIN AND EMPLOY  PRIVATE  CONSULTANTS  AND  AGENCIES  ON  A
CONTRACT  BASIS  FOR  RENDERING TECHNICAL OR OTHER ASSISTANCE AND ADVICE
FOR THE PERFORMANCE OF ITS DUTIES.
  18. TO ANNUALLY REPORT TO THE GOVERNOR, THE SPEAKER  OF  THE  ASSEMBLY
AND  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE, ITS PROCEEDINGS FOR THE
PRECEDING CALENDAR YEAR AND ANY SUGGESTIONS AND  RECOMMENDATIONS  AS  IT
SHALL DEEM DESIRABLE.
  19. TO PROMULGATE ANY RULES AND REGULATIONS THAT IT DEEMS NECESSARY TO
CARRY OUT ITS RESPONSIBILITIES.
  20.  THE  COMMISSION  SHALL  SERVE  AS A HOST RACING COMMISSION AND AN
OFF-TRACK BETTING COMMISSION FOR PURPOSES OF 15 U.S.C. 3001, ET SEQ.
  S 105. QUORUM. A MAJORITY OF THE DULY APPOINTED MEMBERS OF THE COMMIS-
SION SHALL CONSTITUTE A QUORUM AND NOT LESS  THAN  A  MAJORITY  OF  SUCH
QUORUM MAY TRANSACT ANY BUSINESS, PERFORM ANY DUTY OR EXERCISE ANY POWER
OF THE COMMISSION.
  S  106.  SALARY AND EXPENSES.  1. THE COMMISSION SHALL FIX THE COMPEN-
SATION FOR ITS OFFICERS AND EMPLOYEES WITHIN  THE  AMOUNTS  APPROPRIATED
THEREFOR.
  2.  THE  MEMBERS,  OFFICERS  AND  EMPLOYEES OF THE COMMISSION SHALL BE
REIMBURSED FOR ALL ACTUAL AND NECESSARY TRAVELING AND OTHER EXPENSES AND
DISBURSEMENTS INCURRED OR MADE BY THEM IN THE DISCHARGE OF  THEIR  OFFI-
CIAL DUTIES.
  S  107.  CONFLICTS  PROHIBITED.  1. NO PERSON SHALL BE APPOINTED TO OR
EMPLOYED BY THE COMMISSION IF, DURING THE PERIOD COMMENCING THREE  YEARS
PRIOR TO APPOINTMENT OR EMPLOYMENT, SAID PERSON HELD ANY DIRECT OR INDI-
RECT  INTEREST  IN,  OR  EMPLOYMENT  BY, ANY CORPORATION, ASSOCIATION OR
PERSON ENGAGED IN GAMING ACTIVITY WITHIN THE STATE. PRIOR TO APPOINTMENT
OR EMPLOYMENT, EACH MEMBER, OFFICER OR EMPLOYEE OF THE COMMISSION  SHALL
SWEAR  OR AFFIRM THAT HE OR SHE POSSESSES NO INTEREST IN ANY CORPORATION
OR ASSOCIATION HOLDING A FRANCHISE, LICENSE,  REGISTRATION,  CERTIFICATE
OR PERMIT ISSUED BY THE COMMISSION.  THEREAFTER, NO MEMBER OR OFFICER OF
THE  COMMISSION  SHALL HOLD ANY DIRECT INTEREST IN OR BE EMPLOYED BY ANY
APPLICANT FOR OR BY ANY CORPORATION, ASSOCIATION  OR  PERSON  HOLDING  A
LICENSE,  REGISTRATION,  FRANCHISE,  CERTIFICATE OR PERMIT ISSUED BY THE
COMMISSION FOR A PERIOD OF FOUR YEARS COMMENCING ON THE DATE HIS OR  HER
MEMBERSHIP  WITH  THE COMMISSION TERMINATES. FURTHER, NO EMPLOYEE OF THE
COMMISSION MAY ACQUIRE ANY DIRECT OR INDIRECT  INTEREST  IN,  OR  ACCEPT
EMPLOYMENT  WITH,  ANY  APPLICANT  FOR  OR ANY PERSON HOLDING A LICENSE,
REGISTRATION, FRANCHISE, CERTIFICATE OR PERMIT ISSUED BY THE  COMMISSION
FOR  A  PERIOD  OF TWO YEARS COMMENCING AT THE TERMINATION OF EMPLOYMENT
WITH THE COMMISSION.
  2. NO MEMBER, OFFICER, OFFICIAL OR EMPLOYEE OF  THE  COMMISSION  SHALL
PARTICIPATE  AS  AN OWNER OF A HORSE OR OTHERWISE AS A CONTESTANT IN ANY
HORSE RACE AT A RACE MEETING WHICH IS UNDER THE JURISDICTION  OR  SUPER-
VISION  OF  THE  COMMISSION,  OR  HAVE ANY PECUNIARY INTEREST, DIRECT OR
INDIRECT, IN THE PURSE, PRIZE, PREMIUM OR STAKE  CONTESTED  FOR  AT  ANY
SUCH  HORSE  RACE OR IN THE OPERATIONS OF ANY LICENSEE OF THE COMMISSION
OR STATE RACING FRANCHISEE. PARTICIPATION AS AN  OWNER  OF  A  HORSE  OR
OTHERWISE  AS  A CONTESTANT IN ANY SUCH HORSE RACE BY A MEMBER, OFFICER,

S. 6260--C                         10                         A. 9060--C

OTHER OFFICIAL OR EMPLOYEE OF THE COMMISSION IN VIOLATION OF THIS PROHI-
BITION SHALL TERMINATE THE TERM OF HIS OR HER OFFICE AS A MEMBER, OR HIS
OR HER SERVICES AS AN OFFICER OR OFFICIAL OR EMPLOYEE OF THE COMMISSION.
  3.  NO  MEMBER, OFFICER OR EMPLOYEE OF THE COMMISSION SHALL WAGER UPON
GAMING OR HORSE RACING ACTIVITY CONDUCTED WITHIN THE STATE.
  4. NO INDIVIDUAL EMPLOYED BY AN OFF-TRACK BETTING CORPORATION OR  RACE
TRACK  LICENSED PURSUANT TO THIS CHAPTER AS A PARI-MUTUEL CLERK, CASHIER
OR SELLER SHALL BE PERMITTED TO WAGER UPON GAMING  ACTIVITY  DURING  ANY
PERIOD OF A DAY ON WHICH SUCH PERSON IS EMPLOYED IN SUCH CAPACITY.
  5.  NO  PUBLIC OFFICER OR PARTY OFFICER SHALL HOLD ANY RACING OR VIDEO
LOTTERY GAMING LICENSE FROM THE COMMISSION.
  6. THE FOLLOWING PUBLIC EMPLOYEES  ARE  PROHIBITED  FROM  HOLDING  ANY
LICENSE FROM THE COMMISSION:
  (A)  AN  EMPLOYEE  OF  THE  COMMISSION;  ANY DIRECTOR OR EMPLOYEE OF A
REGIONAL OFF-TRACK BETTING CORPORATION EMPLOYED IN A MANAGEMENT,  CONFI-
DENTIAL  OR  SUPERVISORY  CAPACITY  FOR  PURPOSES OF THEIR POSITION WITH
OFF-TRACK BETTING; OR
  (B) AN EMPLOYEE OF THE STATE LEGISLATURE; PROVIDED, HOWEVER,  THAT  AN
EMPLOYEE  OF  THE STATE LEGISLATURE WHOSE DUTIES IN SUCH POSITION DO NOT
RELATE TO GAMING ACTIVITIES SHALL NOT BE SUBJECT TO THE PROHIBITIONS  OF
THIS  SECTION  IF  HE OR SHE HELD A LICENSE FROM THE FORMER STATE RACING
AND WAGERING BOARD WHILE EMPLOYED BY THE STATE LEGISLATURE PRIOR TO JULY
FIRST, NINETEEN HUNDRED EIGHTY; OR
  (C) AN EMPLOYEE OF ANY LOCAL LEGISLATIVE  BODY  WHOSE  DUTIES  INVOLVE
GAMING ACTIVITIES; OR
  (D)  AN  EMPLOYEE  OF  ANY  STATE OR LOCAL BOARD, AGENCY, AUTHORITY OR
OTHER STATE OR LOCAL GOVERNMENTAL BODY, THE DUTIES OF  WHICH  RELATE  TO
GAMING ACTIVITIES OR THE TAXATION THEREOF.
  7. NO PUBLIC OFFICER, PUBLIC EMPLOYEE OR PARTY OFFICER SHALL:
  (A)  OWN  OR  HOLD,  DIRECTLY OR INDIRECTLY, ANY PROPRIETARY INTEREST,
STOCK OR OBLIGATION OF ANY FIRM, ASSOCIATION OR CORPORATION (I) WHICH IS
LICENSED BY THE COMMISSION TO CONDUCT  VIDEO  LOTTERY  GAMING  OR  HORSE
RACING  ACTIVITIES,  OR  (II)  WHICH  CONDUCTS ITS OCCUPATION, TRADE, OR
BUSINESS AT A RACETRACK AT WHICH PARI-MUTUEL RACE MEETS ARE CONDUCTED OR
FACILITY WHERE VIDEO LOTTERY GAMING ACTIVITY IS CONDUCTED WHETHER OR NOT
A LICENSE IS REQUIRED, OR (III) WHICH OWNS OR LEASES TO ANY ENFRANCHISED
OR LICENSED ASSOCIATION OR CORPORATION A RACETRACK AT WHICH  PARI-MUTUEL
RACING  IS  CONDUCTED OR FACILITY WHERE VIDEO LOTTERY GAMING ACTIVITY IS
CONDUCTED, OR (IV) WHICH PARTICIPATES IN THE MANAGEMENT OF ANY FRANCHISE
HOLDER OR LICENSEE CONDUCTING  VIDEO  LOTTERY  GAMING  OR  HORSE  RACING
ACTIVITIES; OR
  (B) HOLD ANY OFFICE OR EMPLOYMENT WITH ANY FIRM, ASSOCIATION OR CORPO-
RATION  SPECIFIED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  EXCEPT AS
PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION; OR
  (C) SELL, OR BE A MEMBER OF A FIRM, OR OWN TEN PER CENTUM OR  MORE  OF
THE  STOCK  OF ANY CORPORATION, WHICH SELLS ANY GOODS OR SERVICES TO ANY
FIRM, ASSOCIATION OR CORPORATION SPECIFIED  IN  PARAGRAPH  (A)  OF  THIS
SUBDIVISION.    FOR  PURPOSES  OF THIS SUBDIVISION, A DIRECT OR INDIRECT
INTEREST SHALL NOT INCLUDE AN INTEREST IN A MUTUAL  FUND  OR  ANY  OTHER
DIVERSIFIED INVESTMENTS OVER WHICH THE RECIPIENT DOES NOT KNOW THE IDEN-
TITY OF THE PRIMARY SOURCE OF INCOME.
  8.  THE  PROVISIONS  OF  PARAGRAPH  (B)  OF  SUBDIVISION SEVEN OF THIS
SECTION SHALL NOT APPLY TO A PUBLIC EMPLOYEE OTHER THAN AN  EMPLOYEE  OF
THE  COMMISSION, A POLICE OFFICER OR A PEACE OFFICER EMPLOYED BY A SHER-
IFF'S OFFICE, DISTRICT ATTORNEY'S OFFICE OR OTHER  STATE  OR  LOCAL  LAW
ENFORCEMENT  AGENCY,  OR THOSE EMPLOYEES CLASSIFIED AS MANAGEMENT CONFI-

S. 6260--C                         11                         A. 9060--C

DENTIAL EMPLOYEES PURSUANT TO SECTION TWO HUNDRED FOURTEEN OF THE  CIVIL
SERVICE  LAW WHO ARE EMPLOYED BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY
OR REGIONAL  OFF-TRACK  BETTING  CORPORATION;  PROVIDED,  HOWEVER,  THAT
EMPLOYMENT  OF EMPLOYEES OF A POLITICAL SUBDIVISION MAY BE PROHIBITED BY
ORDINANCE, RESOLUTION OR LOCAL LAW ADOPTED BY THE LOCAL LEGISLATIVE BODY
OR OTHER GOVERNING BOARD OF SUCH POLITICAL SUBDIVISION.
  9. THE COMMISSION SHALL HAVE THE POWER TO REFUSE TO GRANT OR TO REVOKE
OR SUSPEND A LICENSE OF ANY PERSON, ASSOCIATION OR CORPORATION THAT AIDS
OR KNOWINGLY PERMITS OR CONSPIRES TO PERMIT ANY PUBLIC  OFFICER,  PUBLIC
EMPLOYEE  OR  PARTY OFFICER TO ACQUIRE OR RETAIN ANY INTEREST PROHIBITED
BY THIS SECTION AND SHALL HAVE THE POWER TO EXCLUDE FROM THE GROUNDS  OF
ANY RACING ASSOCIATION ANY SUCH PERSON, ASSOCIATION OR CORPORATION.
  10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN ADDITION TO ANY
OTHER CAUSE OF REMOVAL PROVIDED BY LAW, AN INTENTIONAL VIOLATION OF THIS
SECTION SHALL BE CAUSE FOR REMOVAL FROM PUBLIC OFFICE, PUBLIC EMPLOYMENT
OR  PARTY OFFICE. IN ANY SUCH CASE, SUCH PUBLIC OFFICER, PUBLIC EMPLOYEE
OR PARTY OFFICER VIOLATING THIS SECTION SHALL BE REMOVED FROM OFFICE  BY
THE  APPROPRIATE AUTHORITY HAVING THE POWER OF REMOVAL OR AT THE SUIT OF
THE ATTORNEY GENERAL. FURTHER, SUCH PUBLIC OFFICER, PUBLIC  EMPLOYEE  OR
PARTY  OFFICER  SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN TEN
THOUSAND DOLLARS.
  S 108. CERTAIN RESTRICTIONS ON WAGERING. 1.  NO  CORPORATION,  ASSOCI-
ATION  OR PERSON WHICH HOLDS A LICENSE, REGISTRATION, FRANCHISE, CERTIF-
ICATE OR PERMIT ISSUED BY THE COMMISSION SHALL  DIRECTLY  EXTEND  CREDIT
FOR ANY WAGER UNDER THIS CHAPTER.
  2.  NO CORPORATION, ASSOCIATION OR PERSON THAT HOLDS A LICENSE, REGIS-
TRATION, FRANCHISE, CERTIFICATE OR PERMIT ISSUED BY THE COMMISSION SHALL
PERMIT ANY PERSON WHO IS ACTUALLY OR APPARENTLY UNDER EIGHTEEN YEARS  OF
AGE TO BET ON GAMING ACTIVITY, AS DEFINED IN SUBDIVISION FIVE OF SECTION
ONE HUNDRED ONE OF THIS ARTICLE.
  S  109.  SUPPLEMENTARY  REGULATORY POWERS OF THE COMMISSION.  NOTWITH-
STANDING ANY INCONSISTENT PROVISION OF LAW, THE COMMISSION  THROUGH  ITS
RULES  AND REGULATIONS OR IN ALLOTTING DATES FOR RACING, SIMULCASTING OR
IN LICENSING RACE MEETINGS AT WHICH  PARI-MUTUEL  BETTING  IS  PERMITTED
SHALL BE AUTHORIZED TO:
  1.  PERMIT  RACING AT WHICH PARI-MUTUEL BETTING IS CONDUCTED ON ANY OR
ALL DATES FROM THE FIRST DAY OF JANUARY THROUGH THE THIRTY-FIRST DAY  OF
DECEMBER,  INCLUSIVE  OF SUNDAYS BUT EXCLUSIVE OF DECEMBER TWENTY-FIFTH,
PALM SUNDAY AND EASTER SUNDAY; AND
  2. FIX MINIMUM AND MAXIMUM CHARGES FOR ADMISSION AT ANY RACE MEETING.
  S 110. STATEMENT OF STOCKHOLDERS TO BE  FILED.  EVERY  CORPORATION  OR
ASSOCIATION AUTHORIZED UNDER THIS CHAPTER TO CONDUCT PARI-MUTUEL BETTING
AT  A RACE MEETING OR RACES RUN THEREAT SHALL FILE WITH THE COMMISSION A
STATEMENT GIVING THE NAMES AND ADDRESSES OF  ALL  ITS  STOCKHOLDERS  AND
SHALL  LIKEWISE  FILE REVISED STATEMENTS GIVING SUCH NAMES AND ADDRESSES
FROM TIME TO TIME AS CHANGES OCCUR.
  S 111. COMPULSIVE GAMBLING ASSISTANCE. 1. THE COMMISSION SHALL COOPER-
ATE WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES  TO
ENSURE  THE  POSTING OF SIGNS AND LISTING OF INFORMATION ON THE INTERNET
DESIGNED TO ASSIST COMPULSIVE GAMBLERS PURSUANT  TO  THE  PROVISIONS  OF
SUBDIVISION (H) OF SECTION 19.09 OF THE MENTAL HYGIENE LAW.
  2.  (A) THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS PURSUANT
TO WHICH PEOPLE MAY VOLUNTARILY EXCLUDE  THEMSELVES  FROM  ENTERING  THE
PREMISES  OF  AN  ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED BY
THE COMMISSION PURSUANT TO THIS CHAPTER.

S. 6260--C                         12                         A. 9060--C

  (B) AN ASSOCIATION OR CORPORATION LICENSED OR ENFRANCHISED PURSUANT TO
THIS CHAPTER SHALL NOT BE LIABLE TO ANY SELF-EXCLUDED PERSON OR  TO  ANY
OTHER  PARTY IN ANY JUDICIAL PROCEEDING FOR ANY HARM, MONETARY OR OTHER-
WISE, WHICH MAY ARISE AS A RESULT OF A SELF-EXCLUDED  PERSON'S  ENGAGING
IN  GAMING ACTIVITY WHILE ON THE LIST OF SELF-EXCLUDED PERSONS; PROVIDED
THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL LIMIT  THE  LIABILITY  OF
ANY  SUCH  ASSOCIATION,  CORPORATION,  OR FACILITY FOR ANY OTHER ACTS OR
OMISSIONS UNDER ANY OTHER STATUTORY LAW OR UNDER THE COMMON LAW.
  (C) NO VOLUNTARY ORDER OR REQUEST TO EXCLUDE PERSONS FROM ENTERING THE
PREMISES OF ANY  SUCH  ASSOCIATION,  CORPORATION,  OR  FACILITY  MAY  BE
RESCINDED,  CANCELED, OR DECLARED NULL AND VOID UNTIL SEVEN DAYS AFTER A
REQUEST HAS BEEN RECEIVED BY SUCH ASSOCIATION, CORPORATION, OR  FACILITY
TO CANCEL SUCH ORDER OR REQUEST.
  3. THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS UNDER WHICH A
PERSON  WITH  AN  ACCOUNT  AUTHORIZED  PURSUANT  TO SECTION ONE THOUSAND
TWELVE OF THIS CHAPTER MAY VOLUNTARILY PLACE LIMITS ON  THE  AMOUNTS  OF
HIS  OR  HER  WAGERS  OR POTENTIAL WAGERS ON A DAILY OR WEEKLY BASIS. NO
ORDER FROM A PERSON TO REMOVE ANY LIMIT PLACED ON ACCOUNT  WAGERS  SHALL
BE  EFFECTIVE  UNTIL SEVEN DAYS AFTER IT HAS BEEN RECEIVED BY THE ENTITY
CONDUCTING ACCOUNT WAGERING.
  S 112. PARI-MUTUEL OPERATIONS; FILING OF TAX FORMS AND  OTHER  STATIS-
TICS.  THE COMMISSION AND THE COMMISSIONER OF TAXATION AND FINANCE SHALL
APPROVE ALL SYSTEMS USED FOR DATA PROCESSING AND COMMUNICATIONS  IN  THE
OPERATION  OF PARI-MUTUEL BETTING AND, IN ITS DISCRETION, THE COMMISSION
MAY ESTABLISH, BY REGULATION, UNIFORM PROTOCOLS TO BE EMPLOYED  FOR  THE
MERGING  OF  WAGERS  DEPOSITED  WITH  ONE  PARI-MUTUEL OPERATOR WITH THE
WAGERS DEPOSITED WITH ANOTHER PARI-MUTUEL OPERATOR.
  S 113. FILING OF PARI-MUTUEL TAX  RETURNS  OR  REPORTS  BY  ELECTRONIC
MEANS.  EVERY  CORPORATION  OR ASSOCIATION AUTHORIZED BY THIS CHAPTER TO
CONDUCT PARI-MUTUEL BETTING ON HORSE RACES SHALL FILE IN A TIMELY MANNER
PARI-MUTUEL TAX RETURNS OR OTHER REPORTS RELATING TO  SUCH  ACTIVITY  IN
SUCH  FORM  AND  BY  SUCH  MEANS,  INCLUDING ELECTRONIC MEANS, AS MAY BE
PRESCRIBED BY  THE  COMMISSION  OR  THE  COMMISSIONER  OF  TAXATION  AND
FINANCE,  AS  THE  CASE MAY BE IN ACCORDANCE WITH THE PROVISIONS OF THIS
CHAPTER.
  S 114. PRACTICE AND PROCEDURE. THE PROVISIONS OF ARTICLE  TWENTY-SEVEN
OF  THE  TAX LAW, EXCEPT SECTIONS ONE THOUSAND EIGHTY-FIVE AND ONE THOU-
SAND NINETY-SEVEN, SHALL APPLY TO THE PROVISIONS OF THIS CHAPTER IN  THE
SAME  MANNER  AND  WITH  THE SAME FORCE AND EFFECT AS IF THE LANGUAGE OF
SUCH ARTICLE HAD BEEN INCORPORATED IN FULL INTO  THIS  CHAPTER  AND  HAD
EXPRESSLY  REFERRED  TO  THE ADMISSION TAXES, PARI-MUTUEL REVENUE TAXES,
THE FRANCHISE FEE ON A FRANCHISED CORPORATION AND UNPAID  MONEY  DUE  ON
ACCOUNT  OF  PARI-MUTUEL  TICKETS  NOT  PRESENTED,  ADMINISTERED  BY THE
COMMISSIONER OF TAXATION AND FINANCE,  UNDER  THIS  CHAPTER,  WITH  SUCH
MODIFICATIONS AS MAY BE NECESSARY IN ORDER TO ADAPT THE LANGUAGE OF SUCH
PROVISIONS TO SUCH TAXES, FEE AND UNPAID MONEY DUE, EXCEPT TO THE EXTENT
THAT  ANY  PROVISION  OF  SUCH  ARTICLE  IS  EITHER  INCONSISTENT WITH A
PROVISION OF THIS CHAPTER OR IS NOT RELEVANT TO THIS CHAPTER.
  S 115. REGULATORY FEES.  1.  PAYMENT OF THE REGULATORY FEES IMPOSED BY
THIS CHAPTER SHALL BE MADE TO THE COMMISSION BY EACH ENTITY REQUIRED  TO
MAKE  SUCH  PAYMENTS  ON  THE  LAST BUSINESS DAY OF EACH MONTH AND SHALL
COVER THE FEES DUE FOR THE PERIOD FROM THE SIXTEENTH DAY OF THE  PRECED-
ING  MONTH  THROUGH  THE  FIFTEENTH  DAY  OF THE CURRENT MONTH, PROVIDED
HOWEVER THAT ALL SUCH PAYMENTS REQUIRED TO BE MADE ON MARCH THIRTY-FIRST
SHALL INCLUDE ALL FEES DUE AND ACCRUING THROUGH THE LAST  FULL  WEEK  OF
RACING  OF THE CURRENT YEAR OR AS OTHERWISE DETERMINED BY THE COMMISSION

S. 6260--C                         13                         A. 9060--C

AND SHALL BE ACCOMPANIED BY A REPORT UNDER OATH, SHOWING  SUCH  INFORMA-
TION  AS  THE  COMMISSION  MAY  REQUIRE.  A PENALTY OF FIVE PERCENT, AND
INTEREST AT THE RATE OF ONE PERCENT PER MONTH FROM THE DATE  THE  REPORT
IS  REQUIRED  TO BE FILED TO THE DATE OF THE PAYMENT OF THE FEE SHALL BE
PAYABLE IN CASE ANY FEE IMPOSED BY THIS CHAPTER IS NOT PAID WHEN DUE. IF
THE COMMISSION DETERMINES THAT ANY REGULATORY FEES RECEIVED BY IT  UNDER
THIS CHAPTER WERE PAID IN ERROR, THE COMMISSION MAY CAUSE THE SAME TO BE
REFUNDED  WITHOUT  INTEREST  OUT  OF  ANY  MONIES  COLLECTED THEREUNDER,
PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE COMMISSION WITHIN ONE
YEAR FROM THE TIME THE ERRONEOUS PAYMENT IS MADE.
  2. THE COMMISSION OR ITS DULY AUTHORIZED  REPRESENTATIVES  SHALL  HAVE
THE  POWER  TO  EXAMINE OR CAUSE TO BE EXAMINED THE BOOKS AND RECORDS OF
EACH ENTITY REQUIRED TO PAY THE REGULATORY FEE IMPOSED BY  THIS  CHAPTER
FOR  THE  PURPOSE  OF  EXAMINING  AND CHECKING THE SAME AND ASCERTAINING
WHETHER OR NOT THE PROPER AMOUNT OR AMOUNTS DUE ARE BEING  PAID.  IF  IN
THE  OPINION  OF THE COMMISSION, AFTER SUCH EXAMINATION, ANY SUCH REPORT
IS INCORRECT, THE COMMISSION IS AUTHORIZED TO ISSUE AN ASSESSMENT FIXING
THE CORRECT AMOUNT OF SUCH FEE. SUCH ASSESSMENTS MAY  BE  ISSUED  WITHIN
THREE  YEARS FROM THE FILING OF ANY REPORT. ANY SUCH ASSESSMENT SHALL BE
FINAL AND CONCLUSIVE UNLESS AN APPLICATION FOR A HEARING IS FILED BY THE
REPORTING ENTITY WITHIN THIRTY DAYS OF THE ASSESSMENT. THE ACTION OF THE
COMMISSION IN MAKING SUCH FINAL ASSESSMENT SHALL BE  REVIEWABLE  IN  THE
SUPREME COURT IN THE MANNER PROVIDED BY AND SUBJECT TO THE PROVISIONS OF
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  3. THE COMMISSION SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET AN ANNUAL
PLAN  THAT DETAILS THE AMOUNT OF MONEY THE COMMISSION DEEMS NECESSARY TO
MAINTAIN THE OPERATIONS, COMPLIANCE AND ENFORCEMENT OF THE PROVISIONS OF
THIS CHAPTER. CONTINGENT UPON APPROVAL OF THE DIRECTOR  OF  THE  BUDGET,
THE  COMMISSION  SHALL  PAY  INTO  AN ACCOUNT, TO BE KNOWN AS THE RACING
REGULATION ACCOUNT, UNDER THE JOINT CUSTODY OF THE COMPTROLLER  AND  THE
COMMISSION,  THE  TOTAL AMOUNT OF THE REGULATORY FEES COLLECTED PURSUANT
TO THIS CHAPTER. WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, MONIES
TO BE UTILIZED TO MAINTAIN THE OPERATIONS  NECESSARY  TO  IMPLEMENT  THE
PROVISIONS  OF  THIS  CHAPTER  SHALL  BE PAID OUT OF SUCH ACCOUNT ON THE
AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED AND  APPROVED
BY THE DIRECTOR OF THE BUDGET OR HIS DULY DESIGNATED OFFICIAL.
  S  115-A.  FEE  FOR THE START OF A HORSE IN NEW YORK STATE PARI-MUTUEL
RACES.  1. IN ORDER TO PROVIDE SUPPLEMENTAL FUNDING TO SUPPORT THE OPER-
ATIONS OF THE COMMISSION, A FEE IN THE AMOUNT OF TEN  DOLLARS  SHALL  BE
ASSESSED  AND PAID UPON EVERY HORSE ENTERED IN A PARI-MUTUEL RACE IN NEW
YORK STATE THAT ACTUALLY STARTS IN THE RACE. SUCH FEE SHALL BE  REFUNDED
TO  THE  OWNER OR CREDITED TO THE OWNER'S ACCOUNT IN THE EVENT THE HORSE
DOES NOT ACTUALLY START IN THE RACE. THE COMMISSION SHALL, AS  A  CONDI-
TION OF RACING, REQUIRE ANY CORPORATION AUTHORIZED UNDER THIS CHAPTER TO
CONDUCT  PARI-MUTUEL  BETTING AT A RACE MEETING OR RACES RUN THEREAT, TO
REQUIRE THAT EACH OWNER RACING A HORSE SHALL HAVE PLACED ON  DEPOSIT  AT
THE  TIME  OF  ENTRY WITH THE HORSEMEN'S BOOKKEEPER OR SIMILAR OFFICE OF
SUCH CORPORATION THE REQUIRED FEE IN THE AMOUNT OF TEN DOLLARS PER HORSE
ENTERED IN A PARI-MUTUEL RACE. UNLESS REFUNDED OR  CREDITED,  THE  TOTAL
FEE  AMOUNT COLLECTED DURING THE PRECEDING MONTH BY THE HORSEMEN'S BOOK-
KEEPER OR SIMILAR OFFICE OF  SUCH  CORPORATION  SHALL  BE  PAID  TO  THE
COMMISSION  ON  THE  FIRST  BUSINESS DAY OF EACH MONTH. PAYMENT SHALL BE
ACCOMPANIED BY A REPORT, UNDER OATH, SHOWING  SUCH  INFORMATION  AS  THE
COMMISSION  MAY  REQUIRE. A PENALTY OF FIVE PERCENT, AND INTEREST AT THE
RATE OF ONE PERCENT PER MONTH FROM THE DATE THE REPORT IS REQUIRED TO BE
FILED TO THE DATE OF THE PAYMENT OF THE FEE, SHALL BE  PAYABLE  IN  CASE

S. 6260--C                         14                         A. 9060--C

ANY FEE IMPOSED BY THIS SUBDIVISION IS NOT PAID WHEN DUE. IF THE COMMIS-
SION DETERMINES THAT ANY FEES RECEIVED BY IT UNDER THIS SUBDIVISION WERE
PAID  IN ERROR, THE COMMISSION MAY CAUSE THE SAME TO BE REFUNDED WITHOUT
INTEREST  OUT OF ANY MONIES COLLECTED HEREUNDER, PROVIDED AN APPLICATION
THEREFOR IS FILED WITH THE COMMISSION WITHIN ONE YEAR FROM THE TIME  THE
ERRONEOUS PAYMENT IS MADE.
  2.  THE  COMMISSION  OR ITS DULY AUTHORIZED REPRESENTATIVES SHALL HAVE
THE POWER TO EXAMINE OR CAUSE TO BE EXAMINED THE BOOKS  AND  RECORDS  OF
SUCH  CORPORATIONS  REQUIRED TO PAY OVER THE FEE IMPOSED BY THIS SECTION
FOR THE PURPOSE OF EXAMINING AND  CHECKING  THE  SAME  AND  ASCERTAINING
WHETHER THE PROPER AMOUNT OR AMOUNTS DUE ARE BEING PAID. IF IN THE OPIN-
ION OF THE COMMISSION, AFTER SUCH EXAMINATION, ANY SUCH REPORT IS INCOR-
RECT,  THE  COMMISSION  IS  AUTHORIZED TO ISSUE AN ASSESSMENT FIXING THE
CORRECT AMOUNT OF SUCH FEE. SUCH ASSESSMENTS MAY BE ISSUED WITHIN  THREE
YEARS  FROM THE FILING OF ANY REPORT. ANY SUCH ASSESSMENT SHALL BE FINAL
AND CONCLUSIVE UNLESS AN APPLICATION FOR  A  HEARING  IS  FILED  BY  THE
REPORTING ENTITY WITHIN THIRTY DAYS OF THE ASSESSMENT. THE ACTION OF THE
COMMISSION  IN  MAKING  SUCH FINAL ASSESSMENT SHALL BE REVIEWABLE IN THE
SUPREME COURT IN THE MANNER PROVIDED BY AND SUBJECT TO THE PROVISIONS OF
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  3. THE COMMISSION SHALL PAY INTO THE RACING REGULATION ACCOUNT,  UNDER
THE  JOINT  CUSTODY  OF  THE  COMPTROLLER  AND THE COMMISSION, THE TOTAL
AMOUNT OF THE FEES COLLECTED PURSUANT TO THIS SECTION. WITH THE APPROVAL
OF THE DIRECTOR OF THE BUDGET, MONIES TO BE UTILIZED TO  PAY  THE  COSTS
AND  EXPENSES  OF  THE OPERATIONS OF THE COMMISSION SHALL BE PAID OUT OF
SUCH ACCOUNT ON THE AUDIT AND WARRANT OF THE  COMPTROLLER  ON  VOUCHERS,
CERTIFIED  AND APPROVED BY THE DIRECTOR OF THE BUDGET OR HIS OR HER DULY
DESIGNATED OFFICIAL.
  S 116. PENALTIES. NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  LAW,
ANY PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF THIS CHAPTER, OR ANY
RULE,  REGULATION  OR ORDER PROMULGATED THERETO, OR THE TERMS AND CONDI-
TIONS OF ANY LICENSE, PERMIT OR APPROVAL  ISSUED  THEREUNDER,  SHALL  BE
LIABLE  TO A CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS
FOR EACH VIOLATION, AND AN ADDITIONAL CIVIL PENALTY  OF  NOT  MORE  THAN
TWENTY-FIVE  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION
CONTINUES. ANY CIVIL PENALTY MAY BE ASSESSED BY THE COMMISSION FOLLOWING
A HEARING OR OPPORTUNITY TO BE HEARD.
  S 117.  TRANSFER  OF  FUNCTIONS.  ALL  OF  THE  FUNCTIONS  AND  POWERS
POSSESSED  BY  AND  THE  OBLIGATIONS AND DUTIES OF THE FORMER RACING AND
WAGERING BOARD AND ITS PREDECESSORS AND THE DIVISION OF THE LOTTERY  AND
ITS PREDECESSORS ARE HEREBY TRANSFERRED TO THE COMMISSION.
  S  118.  TRANSFER  OF  EMPLOYEES.  1.  UPON THE TRANSFER OF FUNCTIONS,
POWERS, DUTIES AND OBLIGATIONS TO THE COMMISSION PURSUANT TO THIS  ARTI-
CLE,  PROVISION SHALL BE MADE FOR THE TRANSFER OF ALL EMPLOYEES FROM THE
FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING BOARD INTO
THE COMMISSION.  EMPLOYEES SO TRANSFERRED SHALL BE  TRANSFERRED  WITHOUT
FURTHER  EXAMINATION  OR  QUALIFICATION  TO  THE SAME OR SIMILAR TITLES,
SHALL REMAIN IN THE SAME COLLECTIVE BARGAINING UNITS  AND  SHALL  RETAIN
THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATIONS, STATUS AND RIGHTS PURSU-
ANT  TO  THEIR  COLLECTIVE  BARGAINING  UNITS  AND COLLECTIVE BARGAINING
AGREEMENTS.
  2. A TRANSFERRED EMPLOYEE SHALL REMAIN IN THE SAME COLLECTIVE BARGAIN-
ING UNIT AS WAS THE CASE PRIOR TO HIS OR HER TRANSFER; SUCCESSOR EMPLOY-
EES TO THE POSITIONS HELD BY SUCH TRANSFERRED EMPLOYEES SHALL,  CONSIST-
ENT WITH THE PROVISIONS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, BE
INCLUDED  IN  THE  SAME UNIT AS THEIR PREDECESSORS. EMPLOYEES OTHER THAN

S. 6260--C                         15                         A. 9060--C

MANAGEMENT OR CONFIDENTIAL PERSONS AS DEFINED IN ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW SERVING POSITIONS IN NEWLY  CREATED  TITLES  SHALL  BE
ASSIGNED  TO  THE  APPROPRIATE BARGAINING UNIT. NOTHING CONTAINED HEREIN
SHALL BE CONSTRUED TO AFFECT:
  (A) THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREE-
MENT;
  (B) THE REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE ORGANIZATIONS OR
THE BARGAINING RELATIONSHIPS BETWEEN THE STATE AND AN EMPLOYEE ORGANIZA-
TION; OR
  (C)  EXISTING LAW WITH RESPECT TO AN APPLICATION TO THE PUBLIC EMPLOY-
MENT RELATIONS BOARD, PROVIDED, HOWEVER, THAT THE MERGER OF SUCH NEGOTI-
ATING UNITS OF EMPLOYEES SHALL BE EFFECTED ONLY WITH THE CONSENT OF  THE
RECOGNIZED AND CERTIFIED REPRESENTATIVE OF SUCH UNITS AND OF THE DEPART-
MENT OF LAW.
  S 119. TRANSFER OF RECORDS. ALL BOOKS, PAPERS, RECORDS AND PROPERTY OF
THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING BOARD
AND ITS PREDECESSORS WITH RESPECT TO THE FUNCTIONS, POWERS,  DUTIES  AND
OBLIGATIONS  TRANSFERRED  BY  THIS  ARTICLE  ARE  TO BE DELIVERED TO THE
APPROPRIATE SUCCESSOR OFFICES WITHIN THE COMMISSION, AT SUCH  PLACE  AND
TIME, AND IN SUCH MANNER AS THE CHAIR OF THE COMMISSION MAY REQUIRE.
  S  120.  CONTINUITY OF AUTHORITY. FOR THE PURPOSE OF SUCCESSION TO ALL
FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS OF THE FORMER DIVISION OF  THE
LOTTERY  AND FORMER RACING AND WAGERING BOARD TRANSFERRED TO AND ASSUMED
BY THE COMMISSION, SUCH COMMISSION  SHALL  BE  DEEMED  TO  AND  HELD  TO
CONSTITUTE  THE CONTINUATION OF SUCH FUNCTIONS, POWERS, DUTIES AND OBLI-
GATIONS, AND NOT A DIFFERENT AGENCY OR AUTHORITY.
  S 121. COMPLETION OF UNFINISHED BUSINESS. ANY BUSINESS OR OTHER MATTER
UNDERTAKEN OR COMMENCED BY THE FORMER DIVISION OF THE  LOTTERY  AND  THE
FORMER  RACING  AND  WAGERING  BOARD PERTAINING TO OR CONNECTED WITH THE
FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS TRANSFERRED  AND  ASSIGNED  TO
THE  STATE  GAMING  COMMISSION AND PENDING ON THE EFFECTIVE DATE OF THIS
ARTICLE SHALL BE CONDUCTED AND COMPLETED BY  THE  APPROPRIATE  SUCCESSOR
OFFICES  WITHIN  THE  COMMISSION  IN  THE SAME MANNER AND UNDER THE SAME
TERMS AND CONDITIONS AND WITH  THE  SAME  EFFECT  AS  IF  CONDUCTED  AND
COMPLETED  BY  THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND
WAGERING BOARD.
  S 122. CONTINUATION OF RULES AND REGULATIONS. ALL RULES,  REGULATIONS,
ACTS,  ORDERS,  DETERMINATIONS,  AND DECISIONS OF THE FORMER DIVISION OF
THE LOTTERY AND FORMER RACING AND WAGERING BOARD IN FORCE AT THE TIME OF
SUCH TRANSFER AND ASSUMPTION, SHALL CONTINUE  IN  FORCE  AND  EFFECT  AS
RULES,  REGULATIONS,  ACTS,  ORDERS, DETERMINATIONS AND DECISIONS OF THE
COMMISSION UNTIL DULY MODIFIED OR ABROGATED BY SUCH COMMISSION.
  S 123. TERMS OCCURRING IN LAWS, CONTRACTS AND OTHER DOCUMENTS.  UNLESS
THE CONTEXT SHALL OTHERWISE REQUIRE, WHENEVER THE "RACING  AND  WAGERING
BOARD"  OR  "BOARD",  "STATE  RACING  COMMISSION", "STATE HARNESS RACING
COMMISSION", "STATE QUARTER HORSE RACING COMMISSION",  OR  "DIVISION  OF
THE LOTTERY" ARE REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCU-
MENT  PERTAINING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES TRANS-
FERRED AND ASSIGNED TO THE COMMISSION,  SUCH  REFERENCE  OR  DESIGNATION
SHALL BE DEEMED TO REFER TO THE "STATE GAMING COMMISSION".
  S  124.  EXISTING  RIGHTS AND REMEDIES PRESERVED. NO EXISTING RIGHT OR
REMEDY OF ANY CHARACTER SHALL BE LOST, IMPAIRED OR AFFECTED BY REASON OF
THE TRANSFER OR ASSIGNMENT OF FUNCTIONS, POWERS, OBLIGATIONS AND  DUTIES
FROM  THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING
BOARD TO THE COMMISSION.

S. 6260--C                         16                         A. 9060--C

  S 125. PENDING ACTIONS OR PROCEEDINGS. NO ACTION OR PROCEEDING PENDING
AT THE TIME THAT THIS ARTICLE SHALL TAKE EFFECT RELATING  TO  THE  FUNC-
TIONS,  POWERS  AND  DUTIES  OF  THE  FORMER DIVISION OF THE LOTTERY AND
FORMER RACING AND WAGERING BOARD TRANSFERRED PURSUANT TO  THIS  ARTICLE,
BROUGHT  BY  OR  AGAINST  THE  FORMER  DIVISION OF THE LOTTERY OR FORMER
RACING AND WAGERING BOARD, OR THE OFFICERS THEREOF, SHALL BE AFFECTED BY
THE TRANSFER OR ASSIGNMENT OF FUNCTIONS, POWERS, OBLIGATIONS AND  DUTIES
FROM  THE  FORMER DIVISION OF THE LOTTERY AND FORMER RACING AND WAGERING
BOARD TO THE COMMISSION, BUT THE SAME MAY BE PROSECUTED OR  DEFENDED  IN
THE  NAME  OF  THE  COMMISSION. IN ALL SUCH ACTIONS AND PROCEEDINGS, THE
COMMISSION, UPON APPLICATION TO THE COURT, SHALL  BE  SUBSTITUTED  AS  A
PARTY.
  S  126.  TRANSFER  OF  APPROPRIATIONS  HERETOFORE MADE. SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET, ANY AND ALL  APPROPRIATIONS  AND
REAPPROPRIATIONS  HERETOFORE  MADE TO THE FORMER DIVISION OF THE LOTTERY
AND FORMER RACING AND WAGERING BOARD  FOR  THE  FUNCTIONS  AND  PURPOSES
TRANSFERRED BY THIS ARTICLE TO THE COMMISSION TO THE EXTENT OF REMAINING
UNEXPENDED  OR UNENCUMBERED BALANCES THEREOF, WHETHER ALLOCATED OR UNAL-
LOCATED AND WHETHER OBLIGATED OR UNOBLIGATED, ARE HEREBY TRANSFERRED  TO
AND  MADE  AVAILABLE  FOR  USE AND EXPENDITURE BY THE COMMISSION FOR THE
SAME PURPOSES FOR WHICH ORIGINALLY APPROPRIATED  OR  REAPPROPRIATED  AND
SHALL  BE  PAYABLE ON VOUCHERS CERTIFIED OR APPROVED BY THE CHAIR OF THE
COMMISSION OR HIS OR HER DESIGNEE ON AUDIT  AND  WARRANT  OF  THE  COMP-
TROLLER.  PAYMENTS  FOR  LIABILITIES  FOR EXPENSES OF PERSONAL SERVICES,
MAINTENANCE AND OPERATION HERETOFORE INCURRED  BY  AND  FOR  LIABILITIES
INCURRED  AND  TO  BE  INCURRED  IN COMPLETING THE AFFAIRS OF THE FORMER
DIVISION OF THE LOTTERY  AND  FORMER  RACING  AND  WAGERING  BOARD  WITH
RESPECT  TO  THE  POWERS, DUTIES AND FUNCTIONS TRANSFERRED HEREIN, SHALL
ALSO BE MADE ON VOUCHERS OR CERTIFICATES APPROVED BY THE  CHAIR  OF  THE
COMMISSION  OR  HIS  OR  HER  DESIGNEE ON AUDIT AND WARRANT OF THE COMP-
TROLLER.
  S 127. TRANSFER OF ASSETS AND LIABILITIES. ALL ASSETS AND  LIABILITIES
OF  THE  FORMER  DIVISION  OF THE LOTTERY AND FORMER RACING AND WAGERING
BOARD ARE HEREBY TRANSFERRED TO AND ASSUMED BY THE COMMISSION.
  S 128. PROMULGATION OF  RULES  AND  REGULATIONS.  NOTWITHSTANDING  ANY
INCONSISTENT  PROVISION  OF  THE STATE ADMINISTRATIVE PROCEDURE ACT, THE
COMMISSION SHALL BE AUTHORIZED TO PROMULGATE REGULATIONS ON AN EMERGENCY
BASIS TO ENSURE THE IMPLEMENTATION OF THIS ARTICLE.
  S 129. CONSTRUCTION OF OTHER LAWS OR PROVISIONS.  UNLESS  THE  CONTEXT
SHALL  REQUIRE  OTHERWISE,  THE  TERMS "DIVISION OF THE LOTTERY", "STATE
QUARTER HORSE RACING  COMMISSION",  "STATE  RACING  COMMISSION",  "STATE
HARNESS RACING COMMISSION", "STATE RACING AND WAGERING BOARD" OR "BOARD"
WHEREVER  OCCURRING  IN  ANY OF THE PROVISIONS OF THIS CHAPTER OR OF ANY
OTHER LAW, OR, IN ANY OFFICIAL BOOKS,  RECORDS,  INSTRUMENTS,  RULES  OR
PAPERS,  SHALL  HEREAFTER  MEAN AND REFER TO THE STATE GAMING COMMISSION
CREATED BY SECTION ONE HUNDRED TWO OF THIS ARTICLE.  THE  PROVISIONS  OF
ARTICLE  THREE  OF  THIS CHAPTER SHALL BE INAPPLICABLE TO ARTICLE TWO OF
THIS CHAPTER; AND THE PROVISIONS OF SUCH ARTICLE TWO SHALL BE INAPPLICA-
BLE TO SUCH ARTICLE THREE, EXCEPT THAT SECTION TWO HUNDRED THIRTY-ONE OF
SUCH ARTICLE TWO SHALL APPLY TO SUCH ARTICLE THREE.
  S 2. Subdivision 2 of section 186 of the  general  municipal  law,  as
amended  by  chapter  574  of  the  laws  of 1978, is amended to read as
follows:
  2. "Board" shall mean New  York  state  [racing  and  wagering  board]
GAMING  COMMISSION  CREATED  PURSUANT  TO SECTION ONE HUNDRED TWO OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.

S. 6260--C                         17                         A. 9060--C

  S 3. Subdivision 2 of section 476 of the  general  municipal  law,  as
amended  by  chapter  46  of  the  laws  of  1977, is amended to read as
follows:
  2.  "Control commission" or "commission" shall mean the NEW YORK state
[racing and  wagering  board]  GAMING  COMMISSION  CREATED  PURSUANT  TO
SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW.
  S  4. Subdivision 1 of section 432 of the executive law, as amended by
chapter 46 of the laws of 1977, is amended to read as follows:
  1. "Control commission" or "commission" shall mean the NEW YORK  state
[racing  and  wagering  board]  GAMING  COMMISSION  CREATED  PURSUANT TO
SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW.
  S 5. The racing, pari-mutuel wagering and breeding law is  amended  by
adding a new article 12 to read as follows:
                                ARTICLE 12
               OFFICE OF RACING PROMOTION AND DEVELOPMENT
SECTION 1201. NEW YORK STATE OFFICE OF RACING PROMOTION AND DEVELOPMENT.
        1202. USE OF SERVICE EMPLOYEES.
  S  1201.  NEW  YORK  STATE OFFICE OF RACING PROMOTION AND DEVELOPMENT.
THERE IS HEREBY CREATED WITHIN THE NEW YORK STATE  GAMING  COMMISSION  A
SEPARATE AND INDEPENDENT OFFICE OF RACING PROMOTION AND DEVELOPMENT. THE
OFFICE  SHALL  PROMOTE  THE BREEDING OF HORSES AND THE CONDUCT OF EQUINE
RESEARCH IN THIS STATE AND  SHALL  ADMINISTER  THE  "STATE  THOROUGHBRED
BREEDING  AND  DEVELOPMENT  FUND", "AGRICULTURE AND NEW YORK STATE HORSE
BREEDING DEVELOPMENT FUND" AND "NEW YORK STATE  QUARTER  HORSE  BREEDING
AND DEVELOPMENT FUND CORPORATION."
  S  1202.  USE OF SERVICE EMPLOYEES. THE OFFICE SHALL UTILIZE, PURSUANT
TO A CONTRACT APPROVED BY  THE  DIRECTOR  OF  THE  BUDGET,  THE  SERVICE
EMPLOYEES OF THE STATE GAMING COMMISSION.
  S  6.  Sections  1602 and 1603 of the tax law are REPEALED and two new
sections 1602 and 1603 are added to read as follows:
  S 1602. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "LOTTERY" MEANS THE LOTTERY OPERATED BY THE STATE PURSUANT TO  THIS
ARTICLE.
  2.  "DIVISION":  (A) MEANS THE DIVISION OF THE LOTTERY, AS ESTABLISHED
WITHIN THE NEW YORK STATE GAMING COMMISSION; AND (B) FOR THE PURPOSES OF
SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THIS ARTICLE, THE TERM  "DIVISION
OF  THE LOTTERY" OR "DIVISION" MEANS THE "DIVISION OF GAMING" AS CREATED
PURSUANT TO SECTION ONE HUNDRED TWO OF THE RACING, PARI-MUTUEL  WAGERING
AND BREEDING LAW.
  3.  "COMMISSIONER"  MEANS  THE COMMISSIONER OF TAXATION AND FINANCE OR
HIS OR HER DULY APPOINTED DELEGATE.
  4. "COMMISSION" MEANS THE NEW YORK STATE GAMING COMMISSION.
  5. "DIRECTOR" MEANS THE DIRECTOR  OF  THE  DIVISION  OF  THE  LOTTERY,
EXCEPT  FOR  PURPOSES  OF  PARAGRAPH FOUR OF SUBSECTION C OF SECTION ONE
THOUSAND SIX HUNDRED THIRTEEN AND  SECTIONS  ONE  THOUSAND  SIX  HUNDRED
FOURTEEN  AND  ONE THOUSAND SIX HUNDRED FIFTEEN OF THIS CHAPTER THE TERM
"DIRECTOR" SHALL MEAN THE "COMMISSION".
  S 1603. DIVISION OF THE LOTTERY. THERE IS HEREBY  CREATED  WITHIN  THE
COMMISSION THE DIVISION OF THE LOTTERY.
  S  7. Subdivision 3 of section 252 of the racing, pari-mutuel wagering
and breeding law, such section as renumbered by chapter 18 of  the  laws
of 2008, is amended to read as follows:
  3.  The board may delegate to one or more of the directors[,] OR offi-
cers[, agents or employees] of the fund such powers and duties as it may

S. 6260--C                         18                         A. 9060--C

deem proper and [may] SHALL utilize, pursuant to a contract approved  by
the  director  of the budget, the service employees of the state [racing
and wagering board] GAMING COMMISSION AND THE  STATE  OFFICE  OF  RACING
PROMOTION AND DEVELOPMENT.
  S  8. Subdivision 3 of section 431 of the racing, pari-mutuel wagering
and breeding law is amended to read as follows:
  3. The board may delegate to one or more of the directors[,] OR  offi-
cers[, agents or employees] of the fund such powers and duties as it may
deem  proper and [may] SHALL utilize, pursuant to a contract approved by
the director of the budget, the service employees of the  state  [racing
and  wagering  board]  GAMING  COMMISSION AND THE STATE OFFICE OF RACING
PROMOTION AND DEVELOPMENT.
  S 9. Subdivision 1 of section 169 of the executive law,  as  added  by
chapter  986 of the laws of 1984, paragraph (a) as amended by section 94
of subpart B of part C of chapter 62 of the laws of 2011, paragraphs (b)
and (e) as amended by section 14 of part A of chapter 62 of the laws  of
2011,  paragraph  (c)  as separately amended by section 66 of part A and
section 2 of part W of chapter 56 of the laws of 2010, paragraph (d)  as
amended  by  chapter 220 of the laws of 2005, and paragraph (f) as sepa-
rately amended by section 1 of part E and section 1 of part H of chapter
57 of the laws of 2011, is amended to read as follows:
  1. Salaries of certain state officers holding the positions  indicated
hereinbelow shall be as set forth in subdivision two of this section:
  (a) commissioner of corrections and community supervision, commission-
er  of education, commissioner of health, commissioner of mental health,
commissioner of developmental disabilities, commissioner of children and
family services, commissioner of temporary  and  disability  assistance,
chancellor  of  the state university of New York, commissioner of trans-
portation, commissioner of environmental conservation, superintendent of
state police, commissioner of general services  [and],  commissioner  of
the  division of homeland security and emergency services AND THE EXECU-
TIVE DIRECTOR OF THE STATE GAMING COMMISSION;
  (b) commissioner of labor,  chairman  of  public  service  commission,
commissioner  of  taxation  and  finance,  superintendent  of  financial
services, commissioner of criminal justice services, and commissioner of
parks, recreation and historic preservation;
  (c) commissioner of agriculture and markets, commissioner of  alcohol-
ism  and  substance  abuse  services, adjutant general, commissioner and
president of state civil service commission,  commissioner  of  economic
development,  chair  of  the  energy research and development authority,
president of higher  education  services  corporation,  commissioner  of
motor vehicles, member-chair of board of parole, chair of public employ-
ment relations board, secretary of state, [chair of the state racing and
wagering   board,]   commissioner  of  alcoholism  and  substance  abuse
services, executive director of the housing finance agency, commissioner
of housing and community renewal, executive director of state  insurance
fund,  commissioner-chair  of state liquor authority, chair of the work-
ers' compensation board;
  (d) director of office for the aging, commissioner  of  human  rights,
commissioners  of  the  department  of public service, chairman of state
commission on quality of care for the  mentally  disabled,  chairman  of
commission  on  alcoholism and substance abuse prevention and education,
executive director of the council on the arts and executive director  of
the board of social welfare;
  (e)  chairman  of state athletic commission, director of the office of
victim services, chairman of human rights appeal board, chairman of  the

S. 6260--C                         19                         A. 9060--C

industrial  board  of  appeals,  chairman  of  the  state  commission of
correction, members of the board of parole[, members of the state racing
and wagering board], member-chairman of  unemployment  insurance  appeal
board,  director of veterans' affairs, and vice-chairman of the workers'
compensation board;
  (f) executive director of adirondack park  agency,  members  of  state
commission  of  correction,  members  of  unemployment  insurance appeal
board, and members of the workers' compensation board.
  S 10. Terms. (a) Wherever the term "racing and wagering board", "state
racing commission" or "state harness racing commission" appears  in  the
executive  law,  the general municipal law, article 34 of the tax law or
the racing, pari-mutuel wagering and breeding law or  otherwise  in  the
consolidated  or  unconsolidated laws of this state, such term is hereby
changed to "state gaming commission".
  (b) Wherever the term "chairman of  the  racing  and  wagering  board"
appears  in  the consolidated or unconsolidated laws of this state, such
term is hereby changed to "chair of the state gaming commission".
  (c) The legislative bill drafting commission  is  hereby  directed  to
effectuate  this  provision,  and  shall  be  guided  by a memorandum of
instruction setting forth the specific provisions of law to be  amended.
Such  memorandum  shall  be transmitted to the legislative bill drafting
commission within sixty days of the effective date  of  this  provision.
Such  memorandum  shall be issued jointly by the governor, the temporary
president of the senate and the speaker of the assembly, or by the dele-
gate of each.
  S 11. Subdivision 1 of section 252 of the racing, pari-mutuel wagering
and breeding law, as amended by chapter 197 of the laws of 2007 and such
section as renumbered by chapter 18 of the laws of 2008, is  amended  to
read as follows:
  1. A corporation to be known as the New York state thoroughbred breed-
ing and development fund corporation is hereby created. Such corporation
shall  be  a  body  corporate  and politic constituting a public benefit
corporation. It shall be administered by a board of directors consisting
of the [chairman] CHAIR of the state [racing and wagering board]  GAMING
COMMISSION  or  his or her designee, the commissioner of agriculture and
markets, [the]  THREE members of the state [racing] GAMING commission as
[defined in section one hundred three of this  chapter,]  DESIGNATED  BY
THE  GOVERNOR and six members appointed by the governor, all of whom are
experienced or have been actively engaged in the breeding  of  thorough-
bred  horses  in  New  York  state,  one, the president or the executive
director of the statewide thoroughbred breeders association representing
the majority of breeders of registered thoroughbreds in New York  state,
one  upon  the  recommendation of the majority leader of the senate, one
upon the recommendation of the speaker of the  assembly,  one  upon  the
recommendation  of  the  minority leader of the senate, and one upon the
recommendation of the minority  leader  of  the  assembly.  Two  of  the
appointed  members shall initially serve for a two year term, two of the
appointed members shall initially serve for a three year term and two of
the appointed members shall initially serve for a four year term.    All
successors  appointed  members  shall  serve  for  a four year term. All
members shall continue  in  office  until  their  successors  have  been
appointed  and  qualified.  The  governor shall designate the chair from
among the sitting members who shall serve as such at the pleasure of the
governor.

S. 6260--C                         20                         A. 9060--C

  S 12. Section 330 of the racing,  pari-mutuel  wagering  and  breeding
law,  the  opening  paragraph  as  amended by chapter 197 of the laws of
2007, is amended to read as follows:
  S 330. Agriculture and New York state horse breeding development fund.
1.  There is hereby created within the state [racing and wagering board]
GAMING COMMISSION the "agriculture and New  York  state  horse  breeding
development  fund".  Such  fund  shall  be  a body corporate and politic
constituting a public benefit corporation. [It shall be administered  by
the  commissioner  of  agriculture  and markets, the chairman of the New
York state racing and wagering board or his or  her  designee,  and  the
chairman and members of the state harness racing commission as reconsti-
tuted  pursuant  to  article  one  of this chapter. Members] IT SHALL BE
ADMINISTERED BY A BOARD OF DIRECTORS CONSISTING OF THE CHAIRMAN  OF  THE
STATE  GAMING  COMMISSION  OR  HIS  OR HER DESIGNEE, THE COMMISSIONER OF
AGRICULTURE AND MARKETS, AND THREE MEMBERS APPOINTED  BY  THE  GOVERNOR,
ALL  OF WHOM ARE EXPERIENCED OR HAVE BEEN ACTIVELY ENGAGED IN THE BREED-
ING OF STANDARDBRED HORSES IN NEW YORK STATE, ONE UPON  THE  RECOMMENDA-
TION OF THE TEMPORARY PRESIDENT OF THE SENATE AND ONE UPON THE RECOMMEN-
DATION OF THE SPEAKER OF THE ASSEMBLY.  THE GOVERNOR SHALL DESIGNATE THE
CHAIR  FROM  AMONG  THE  SITTING  MEMBERS WHO SHALL SERVE AS SUCH AT THE
PLEASURE OF THE GOVERNOR. APPOINTED MEMBERS SHALL SERVE FOR  A  TERM  OF
FOUR  YEARS AND shall continue to hold office until their successors are
appointed and qualified.  [The  chairman  shall  be  designated  by  the
members  of  the fund.] The members of the fund shall receive no compen-
sation from the fund for their services as such  members  but  shall  be
reimbursed  by  the  fund  for  the  expenses  actually  and necessarily
incurred by them in the performance of their duties under  sections  two
hundred twenty-two through seven hundred five of this chapter. Such fund
shall  have perpetual existence and shall exercise all powers authorized
by this chapter and reasonably necessary for accomplishing its purposes.
Such powers shall be exercised in the name of the fund.
  2. THE BOARD MAY DELEGATE TO ONE OR MORE OF THE MEMBERS OR OFFICERS OF
THE FUND SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER AND SHALL UTILIZE,
PURSUANT TO A CONTRACT APPROVED BY  THE  DIRECTOR  OF  THE  BUDGET,  THE
SERVICE EMPLOYEES OF THE STATE GAMING COMMISSION AND THE STATE OFFICE OF
RACING PROMOTION AND DEVELOPMENT.
  3.  The  fund  is created in order that it may promote the breeding of
horses and the conduct of equine research  in  this  state  on  its  own
responsibility  and  under its own business management. The policy, good
faith and interest of the state are concerned with  the  management  and
development of the fund and are committed to promotion of horse breeding
and  equine  research in this state in active cooperation with the fund.
The promotion and encouragement of equine research shall  be  through  a
fund  of  a  land  grant  university  within  this  state with a regents
approved veterinary college facility. Nothing herein, however, shall  be
deemed in any way to obligate the state to any bondholder or other cred-
itor of the fund.
  4. The fund is directed to report annually, on or before January thir-
ty-first, to the governor and the legislature, on the state of the stan-
dardbred  breeding  industry  in this state. Such reports shall include,
but not be limited to, the impact of the fund's programs on the breeding
and racing aspects of  the  industry;  economic  factors  affecting  the
industry such as employment and employment growth, state and local bene-
fits  of breeding farms, income and the production of income within this
state, economic comparisons with other  states;  and  data  relative  to
mares  and  stallions standing in this state to include such information

S. 6260--C                         21                         A. 9060--C

as the number in this state, racing quality  as  measured  by  wins  and
stakes won and placed and money won, the number of foals and foal racing
quality as measured by sales value and number of starts, races and money
won,  the  progeny  quality,  including earnings, and the success of New
York-breds nationally.
  5. The fund is  further  directed  to  incorporate  into  its  reports
comments  from  spokesmen  representing  all segments of the industry as
well as recommendations on preserving  and  enhancing  the  standardbred
breeding industry in this state.
  S  13. Section 1612 of the tax law is amended by adding a new subdivi-
sion h to read as follows:
  H. IN NO CIRCUMSTANCE SHALL NET PROCEEDS OF THE LOTTERY, INCLUDING THE
PROCEEDS FROM VIDEO LOTTERY GAMING, BE USED FOR THE PAYMENT OF  NON-LOT-
TERY EXPENSES OF THE GAMING COMMISSION, ADMINISTRATIVE OR OTHERWISE.
  S  14.  This  act shall take effect October 1, 2012; provided, however
that effective immediately, the addition, amendment and/or repeal of any
rules or regulations necessary for the implementation of  the  foregoing
provisions of this act on its effective date are authorized and directed
to be made and completed on or before such effective date.

                                 PART B
                          Intentionally Omitted

                                 PART C

  Section  1.    Section 2608 of the public authorities law, as added by
chapter 404 of the laws of 1981, subdivision 1 as amended by chapter 592
of the laws of 1984, subdivision 2 as amended by chapter 55 of the  laws
of  1992,  subdivisions  3 and 4 as amended by chapter 99 of the laws of
1984, is amended to read as follows:
  S 2608. New York state olympic regional development authority. 1.  For
the purposes of effectuating the policy declared in  section  twenty-six
hundred  six  of this title, there is hereby created the "New York state
olympic regional development authority", referred to in  this  title  as
"the  authority", which shall be a body corporate and politic constitut-
ing a public benefit corporation. The authority shall consist  of  [ten]
TWELVE  members who shall be the commissioner of environmental conserva-
tion, the commissioner of [commerce] ECONOMIC DEVELOPMENT,  the  commis-
sioner  of  parks, recreation and historic preservation and [seven] NINE
persons to be appointed by the governor, by  and  with  the  advice  and
consent  of  the  senate.  Of  the [seven] NINE persons appointed by the
governor, by and with the advice and consent of  the  senate,  one  each
shall be appointed upon the recommendation of the temporary president of
the  senate  and  the  speaker  of  the assembly.   Three of the persons
appointed by the governor, by and with the advice  and  consent  of  the
senate  shall  be appointed upon the recommendation of the town board of
the town of North Elba and shall be residents of the park district.  TWO
PERSONS  SHALL  BE APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVICE AND
CONSENT OF THE SENATE, ONE OF WHOM SHALL RESIDE IN ULSTER COUNTY AND THE
OTHER OF WHOM SHALL RESIDE  IN  DELAWARE  COUNTY.  One  of  the  persons
appointed  by  the  governor,  by and with the advice and consent of the
senate, shall be a resident  of  Warren  county.    The  governor  shall
appoint a [chairman and] CHAIRPERSON, a [vice chairman] VICE-CHAIRPERSON
AND  A  SECOND  VICE-CHAIRPERSON  from  among  any of the members of the
authority and such [chairman and vice chairman] CHAIRPERSON, VICE-CHAIR-

S. 6260--C                         22                         A. 9060--C

PERSON AND SECOND VICE-CHAIRPERSON shall serve at the  pleasure  of  the
governor,  provided,  however, that the [vice chairman] VICE-CHAIRPERSON
shall be appointed on the recommendation of  the  town  board  of  North
Elba; AND THE SECOND VICE-CHAIRPERSON SHALL BE APPOINTED UPON THE RECOM-
MENDATION  OF  THE TOWN BOARDS OF THE TOWN OF SHANDAKEN IN ULSTER COUNTY
AND THE TOWN OF MIDDLETOWN IN DELAWARE COUNTY; AND MUST BE A RESIDENT OF
ULSTER OR DELAWARE COUNTIES; WITH A MAJORITY VOTE OF  THE  COMBINED  TWO
TOWN  BOARDS  DETERMINING  WHO  SHALL BE RECOMMENDED TO THE GOVERNOR FOR
APPOINTMENT OF THAT POSITION.  From among any candidates recommended  by
the  chairman,  the  members  shall  appoint a president/chief executive
officer of the authority.
  The members first appointed by the governor shall be appointed  within
thirty  days  of the effective date of this title. THE MEMBERS APPOINTED
AS A RESULT OF THE ENACTMENT OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND
TWELVE  WHICH  AMENDED  THIS  SECTION,  CONSISTING  OF  THE ELEVENTH AND
TWELFTH BOARD MEMBERS, SHALL BE APPOINTED  WITHIN  NINETY  DAYS  OF  THE
EFFECTIVE  DATE  OF SUCH CHAPTER. The FIRST members [first] appointed by
the governor upon the recommendation of the temporary president  of  the
senate  and the speaker of the assembly shall serve terms of three years
respectively from January first next succeeding their appointment.   The
remaining four members first appointed by the governor shall serve terms
of  one,  two,  four and five years respectively from January first next
succeeding their appointment. The fifth member appointed by the governor
shall serve a term of two years from January first, next succeeding  his
or  her  appointment. Each appointment of a member following the expira-
tion of the original terms of the appointment shall be  for  a  term  of
five  years.  THE  MEMBERS APPOINTED BY THE GOVERNOR WHO ARE REQUIRED TO
RESIDE IN EITHER DELAWARE OR ULSTER  COUNTIES  SHALL  BE  APPOINTED  FOR
TERMS  OF  FOUR YEARS. Members shall continue to hold office until their
successors have been appointed and qualified. In the event of a  vacancy
occurring during the term of a member's appointment, by reason of death,
resignation, disqualification or otherwise, such vacancy shall be filled
for the unexpired term in the same manner as the original appointment.
  2.  The  members  of the authority shall not receive a salary or other
compensation for their services as members of  the  authority  but  each
member  shall  be  allowed  reimbursement  for  the necessary and actual
expenses which he or she shall incur in the performance of  his  or  her
duties under this title.
  3.  The  president/chief executive officer shall serve at the pleasure
of the members and shall be responsible for the discharge of the  execu-
tive  and administrative functions and exercise of any power or function
of the authority.
  4. [Six] SEVEN members of the authority shall constitute a quorum  for
the transaction of any business or the exercise of any power or function
of  the  authority.  The  authority  may  delegate to one or more of its
members, officers, agents and employees, such powers and  duties  as  it
may  deem  proper.  The  commissioner of environmental conservation, the
commissioner of [commerce] ECONOMIC  DEVELOPMENT,  the  commissioner  of
parks and recreation and any other member of the authority who is a full
time  employee of the state or who holds public office may designate one
person from his department or from the public corporation  in  which  he
holds  a public office to represent him at all meetings of the authority
from which such member may be absent. Any representative  so  designated
shall have the power to attend and to vote at any meeting of the author-
ity  from  which  the member so designating him is absent, with the same
force and effect as if the  member  designating  him  were  present  and

S. 6260--C                         23                         A. 9060--C

voting.  Such  designation  shall  be  by  written notice filed with the
chairman of the authority by the member making the designation and shall
be for a term of one year or until such representative shall  resign  or
shall  no  longer  be  employed  by  the department of which such member
making the designation is an employee or by the  public  corporation  of
which  such member making the designation holds a public office or until
revoked by the person making such designation.  Such  designation  shall
not  limit  the power of the member making the designation to attend and
vote in person at any meeting of the authority.
  5. The authority shall  be  a  "state  agency"  for  the  purposes  of
sections seventy-three and seventy-four of the public officers law.
  6.  Notwithstanding  any  inconsistent provisions of this or any other
law, general, special or local, no officer or employee of the state,  as
defined  in  the  public  officers law, or of the park district shall be
deemed to have forfeited or shall forfeit his office  of  employment  or
any  benefits  provided  under the retirement and social security law or
under any public retirement system maintained by the state or any of its
subdivisions by reason of his acceptance of membership on  or  chairman-
ship of the authority; provided, however, a member or chairman who holds
such  other  public  office  of  employment  shall receive no additional
compensation for services rendered pursuant to this title, but shall  be
entitled to reimbursement for his actual and necessary expenses incurred
in the performance of such services.
  7.  The  governor  may  remove  any member of the authority for cause,
other than the commissioner of environmental conservation,  the  commis-
sioner  of [commerce] ECONOMIC DEVELOPMENT and the commissioner of parks
and recreation, after giving him a copy of the charges against  him  and
an opportunity to be heard, in person or by counsel in his defense, upon
not  less  than ten days' notice. If any member shall be so removed, the
governor shall file in the office of the department of state a  complete
statement of charges made against such member, and his findings thereon,
together with a complete record of the proceedings.
  8.  The principal office of the authority shall be located in the town
of North Elba AND THE AUTHORITY SHALL ESTABLISH A SECOND OFFICE  AT  THE
BELLEAYRE MOUNTAIN SKI CENTER.
  9.  NOTHING  SHALL  PRECLUDE  THE  USE  OF MEETINGS AND VOTES BY VIDEO
CONFERENCE OR OTHER CONFERENCING WHICH  PERMITS  CONFEREES  TO  SEE  THE
OTHER MEMBERS DURING BOARD MEETINGS THROUGH TELEVISION OR THE INTERNET.
  S  2.  Section 2609 of the public authorities law, as added by chapter
404 of the laws of 1981, is amended to read as follows:
  S 2609. Community advisory panel. 1. Within ninety days following  the
appointment  of  the members of the authority, the members shall appoint
an advisory panel to act as consultants to the authority for the purpose
of advising and assisting the authority in procuring  international  and
national athletic sporting events and competition.
  2. The advisory panel shall consist of [fifteen] NINETEEN persons, ten
of  whom  shall  be  appointed upon the recommendation of the North Elba
sports council, a council created by the  park  district,  TWO  OF  WHOM
SHALL  BE  APPOINTED  UPON  THE RECOMMENDATION OF THE LEGISLATURE OF THE
COUNTY OF DELAWARE AND TWO OF WHOM SHALL BE APPOINTED UPON THE RECOMMEN-
DATION OF THE LEGISLATURE OF THE COUNTY OF ULSTER. Such ten  members  of
the  panel  shall  have knowledge of athletic competition and winter AND
SUMMER sports AND RECREATION events and activities. The members  of  the
panel  shall  serve for a period of two years. In the event of a vacancy
occurring during a panel  member's  appointment,  by  reason  of  death,

S. 6260--C                         24                         A. 9060--C

resignation, disqualification or otherwise, such vacancy shall be filled
for the unexpired term in the same manner as the original appointment.
  3.  The  members of the panel shall serve without compensation, except
that each member of the panel shall be allowed the necessary and  actual
expenses  which  he  shall incur in the performance of his duties within
the state under this title.
  S 3. Subdivisions 4, 6, 7, 9, 12 and 15 of section 2611 of the  public
authorities  law,  as added by chapter 404 of the laws of 1981, subdivi-
sion 15 as renumbered by chapter 38 of the laws of 1987, are amended  to
read as follows:
  4. To make and alter by-laws for its organization and internal manage-
ment, and rules and regulations governing the exercise of its powers and
the  fulfillment  of its purposes under this title. Such rules and regu-
lations must be filed with the secretary of state and the town clerk  of
North  Elba AND THE TOWN CLERKS OF THE TOWNS OF JOHNSBURG, SHANDAKEN AND
MIDDLETOWN;
  6. To schedule and book events at  participating  olympic  facilities,
AND THE FACILITIES OF BELLEAYRE MOUNTAIN SKI CENTER AND OTHER PROPERTIES
OWNED  OR  CONTROLLED  BY THE AUTHORITY with public and private individ-
uals, organizations, groups and other  entities  desiring  to  use  such
facilities  for  conducting  events  and  activities  appropriate to the
purposes of the authority;
  7. To enter into contracts, leases and subleases and  to  execute  all
instruments  necessary  or convenient for the conduct of authority busi-
ness, including agreements with the park district and any  state  agency
which  administers, owns or supervises any olympic facility OR BELLEAYRE
MOUNTAIN SKI CENTER, as provided in sections twenty-six  hundred  twelve
and twenty-six hundred fourteen of this title;
  9.  To  enter  into  contracts to operate, maintain and manage olympic
facilities AND THE BELLEAYRE MOUNTAIN SKI CENTER;
  12. To operate, or contract for the operation of, concession  services
at  any  participating  olympic  facility  OR THE BELLEAYRE MOUNTAIN SKI
CENTER;
  15. To procure insurance against any loss or liability  in  connection
with the use, management, maintenance and operation of the participating
olympic facilities AND/OR BELLEAYRE MOUNTAIN SKI CENTER, in such amounts
and from such insurers, subject to public bidding as it deems desirable;
and
  S  4.  Subdivision  4 of section 2614 of the public authorities law is
renumbered subdivision 5 and a new subdivision 4 is  added  to  read  as
follows:
  4.  THE AUTHORITY SHALL ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION FOR THE AUTHORITY TO  OPERATE,  MAINTAIN  AND
MANAGE  THE BELLEAYRE MOUNTAIN SKI CENTER LOCATED IN ULSTER AND DELAWARE
COUNTIES, STATE OF NEW YORK. THE SPECIFIC TERMS OF SUCH AGREEMENT  SHALL
BE  NEGOTIATED  BY  THE  AUTHORITY  AND THE DEPARTMENT AND SHALL INCLUDE
THOSE PROVISIONS SET FORTH IN SUBDIVISION TWO OF THIS SECTION FOR INCLU-
SION  IN  AGREEMENTS  WITH  THE  STATE.  SUCH  AGREEMENT  SHALL  INCLUDE
PROVISIONS  TO ASSURE THE CONTINUED VIABILITY OF BELLEAYRE AS AN ATTRAC-
TIVE YEAR-ROUND TOURIST DESTINATION BY,  AT  A  MINIMUM,  MAINTAINING  A
LEVEL OF CAPITAL INVESTMENT, MAINTENANCE AND OPERATING SUPPORT, CONSIST-
ENT  WITH THE HISTORICAL OPERATING SUPPORT, CAPITAL INVESTMENT AND MAIN-
TENANCE PROVIDED BY THE DEPARTMENT AT BELLEAYRE SO THAT BELLEAYRE  MOUN-
TAIN  SKI  CENTER  MAY BE OPERATED, MAINTAINED AND IMPROVED IN A SIMILAR
MANNER TO THAT OF WHITEFACE AND GORE MOUNTAIN SKI CENTERS. IN  ADDITION,
SUCH  AGREEMENT  SHALL  INCLUDE  PROVISIONS  ENSURING THAT THE AUTHORITY

S. 6260--C                         25                         A. 9060--C

DEDICATE AND UTILIZE, FOR THE OPERATION, CAPITAL SUPPORT AND MAINTENANCE
OF BELLEAYRE MOUNTAIN SKI CENTER: FUNDS APPROPRIATED FOR THE  OPERATION,
MAINTENANCE AND/OR IMPROVEMENTS OF BELLEAYRE MOUNTAIN SKI CENTER, REVEN-
UE RECEIVED AS A RESULT OF BELLEAYRE MOUNTAIN SKI CENTER OPERATIONS, AND
MONIES  RECEIVED  OR  INTENDED  FROM OTHER SOURCES AND ACCOUNTS THAT ARE
INTENDED FOR BELLEAYRE MOUNTAIN SKI CENTER. ALL POWERS OF THE  AUTHORITY
PROVIDED  BY  THIS TITLE OR ANY OTHER LAW, INCLUDING THOSE PERTAINING TO
PARTICIPATING OLYMPIC FACILITIES, SHALL APPLY  IN  CONNECTION  WITH  THE
OPERATION AND MANAGEMENT OF THE BELLEAYRE MOUNTAIN SKI CENTER.
  S  5.  Subdivision 2 of section 2616 of the public authorities law, as
amended by chapter 99 of the  laws  of  1984,  is  amended  to  read  as
follows:
  2.  On or before August fifteenth, nineteen hundred eighty-one, and on
each August fifteenth thereafter the [chairman] CHAIR of  the  authority
shall  make  and  deliver  to  the director of the budget for his OR HER
approval and for submission to the legislature a budget for  the  opera-
tion  of the authority for the forthcoming fiscal year of the state. The
[chairman] CHAIR of the authority shall deliver a copy of such budget to
the [chairman] CHAIR of the senate finance committee and the  [chairman]
CHAIR of the assembly ways and means committee at the same time that the
budget  is  delivered  to  the  director of the budget. The budget shall
delineate the total amount needed for authority purposes, including  the
funds  required by the authority for operation of the olympic facilities
[and], the Gore Mountain ski  center  AND  THE  BELLEAYRE  MOUNTAIN  SKI
CENTER  pursuant  to agreements made in accordance with sections twenty-
six hundred twelve and twenty-six hundred fourteen of  this  title,  the
source of all funds that the authority expects to receive and such other
information  as  the director of the budget shall require.  The director
of the budget shall approve the budget for the operation of the authori-
ty and the governor shall recommend in his OR HER annual  budget  appro-
priations to the authority if the director of the budget determines that
the budget demonstrates that the authority, without operating at a defi-
cit,  can  continue  in the forthcoming fiscal year of the state, in the
exercise of its corporate purposes, powers, duties  and  functions  with
the  appropriations  from  the  state  and  park district in the amounts
determined in accordance with sections  twenty-six  hundred  twelve  and
twenty-six  hundred  fourteen  of  this title and income received by the
authority from other sources. The director of the  budget  shall  notify
the  park district, the [chairman] CHAIR of the senate finance committee
and the [chairman] CHAIR of the assembly ways and  means  committee  not
later than October first of each year whether or not he has approved the
budget.
  S 6. Section 2619 of the public authorities law, as amended by chapter
99 of the laws of 1984, is amended to read as follows:
  S  2619.  Capital  repair  and  improvement account. At the end of any
authority fiscal year the members of the  authority  shall  deposit  not
less  than  twenty-five percent of the profits, if any, of the preceding
year's operations into a sinking fund for capital improvements.  At  the
discretion  of the members, the authority may undertake capital improve-
ments and major repairs to the participating olympic facilities, TO  THE
BELLEAYRE  MOUNTAIN  SKI  CENTER,  and  to the Gore Mountain ski center;
provided, however, that  no  such  repairs  may  be  undertaken  without
specific  written  approval  by  the  entity  which  contracted with the
authority for the operation  of  said  facility.  Any  such  repairs  or
improvements  to real property shall upon completion become the property
of and be vested in the owners of said real property. In  the  event  of

S. 6260--C                         26                         A. 9060--C

termination of the authority, the state and the park district each shall
receive fifty percent of all moneys in the sinking fund. If an agreement
between the authority and the park district or the state shall be termi-
nated, the park district or the state, as the case may be, shall receive
that portion of the moneys in the sinking fund it would have received if
the  authority  were terminated as of the date of the termination of the
agreement.
  S 7. Section 2621 of the public authorities law, as added  by  chapter
404 of the laws of 1981, is amended to read as follows:
  S 2621. Annual report. The authority shall submit to the governor, the
chairman  of  the senate finance committee, the chairman of the assembly
ways and means committee, the comptroller, the director of  the  budget,
THE  SUPERVISOR  OF THE TOWN OF JOHNSBURG, THE SUPERVISOR OF THE TOWN OF
SHANDAKEN, THE SUPERVISOR OF THE TOWN OF MIDDLETOWN, and the  supervisor
of the town of North Elba within ninety days after the end of its fiscal
year,  a  complete and detailed report setting forth: (1) its operations
and accomplishments and (2) its receipts and  expenditures  during  such
fiscal  year in accordance with the categories or classifications estab-
lished by the authority for its operating and capital  outlay  purposes.
SUCH REPORT SHALL NOT BE REQUIRED TO BE SUBMITTED IN PRINT IF THE RECIP-
IENT OF THE REPORT AGREES TO ACCEPT SUCH REPORT IN ELECTRONIC FORMAT.
  S  8.  Subdivision 4 of section 2622 of the public authorities law, as
added by chapter 169 of the laws of 1994, is amended to read as follows:
  4. Notwithstanding subdivision three of this section, exclusive juris-
diction is hereby conferred upon the court of claims to hear and  deter-
mine  any claim of any person brought hereafter against the authority to
recover damages for injuries to property or for personal injury  arising
out  of  the  operation  by  the  authority of any participating olympic
facility owned by the state or of THE BELLEAYRE MOUNTAIN SKI  CENTER  OR
OF  the  Gore  mountain ski center, in the same manner and to the extent
provided and subject to the provisions of the court of claims  act  with
respect to claims against the state, and to make awards and render judg-
ments  therefor. The payment of awards and judgments for any such claims
brought in the supreme court pursuant to this title or in the  court  of
claims shall be made from appropriations for judgments against the state
pursuant to section twenty of the court of claims act.
  S  9. This opening paragraph of section 2629 is renumbered subdivision
1 and a new subdivision 2 is added to read as follows:
  2. (A) WITHIN THIRTY DAYS OF EXECUTION OF THE AGREEMENT, ENTERED  INTO
PURSUANT  TO  SUBDIVISION FOUR OF SECTION TWENTY-SIX HUNDRED FOURTEEN OF
THIS TITLE, PROVISION SHALL BE MADE FOR  THE  TRANSFER  TO  THE  OLYMPIC
REGIONAL  DEVELOPMENT  AUTHORITY  OF  ALL  CURRENT  EMPLOYEES ENGAGED IN
CARRYING OUT SUCH FUNCTIONS WITH RESPECT TO THE  OPERATION,  MAINTENANCE
AND  MANAGEMENT  OF  THE  BELLEAYRE  MOUNTAIN SKI CENTER. SUCH EMPLOYEES
SHALL BE TRANSFERRED WITHOUT FURTHER EXAMINATION OR  QUALIFICATIONS  AND
SHALL  RETAIN  THEIR  RESPECTIVE  CIVIL SERVICE CLASSIFICATIONS, STATUS,
SALARY, WAGES AND NEGOTIATING UNIT, IF ANY. NO INDIVIDUAL WHO IS  TRANS-
FERRED  SHALL  GAIN  ANY ADDITIONAL RIGHTS AS A RESULT OF SUCH TRANSFER.
HOWEVER, ONCE THE EMPLOYMENT OF ANY TRANSFERRED EMPLOYEE WHO IS CURRENT-
LY PLACED WITHIN A NEGOTIATING UNIT AS DEFINED BY  ARTICLE  FOURTEEN  OF
THE  CIVIL  SERVICE LAW IS TERMINATED OR OTHERWISE CEASES, BY ANY MEANS,
ANY INDIVIDUAL HIRED TO FILL SUCH VACANCY SHALL NOT  BE  PLACED  IN  THE
SAME NEGOTIATING UNIT OF THE FORMER INCUMBENT BUT RATHER SHALL BE PLACED
IN THE NEGOTIATING UNIT THAT CONTAINS EMPLOYEES OF THE AUTHORITY.
  (B)  THE  SALARY  OR  COMPENSATION  OF  ANY SUCH EMPLOYEES, AFTER SUCH
TRANSFER, SHALL BE PAID BY THE AUTHORITY. NOTWITHSTANDING THE PROVISIONS

S. 6260--C                         27                         A. 9060--C

OF THIS SECTION, ANY SUCH EMPLOYEES SO  TRANSFERRED  TO  THE  AUTHORITY,
PURSUANT  TO THE PROVISIONS OF THIS SECTION, WHO ARE MEMBERS OF OR BENE-
FICIARIES UNDER ANY EXISTING PENSION OR RETIREMENT SYSTEM, SHALL CONTIN-
UE  TO  HAVE ALL RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS WITH RESPECT
TO SUCH FUND SYSTEM OR SYSTEMS AS ARE PRESCRIBED BY LAW, BUT DURING  THE
PERIOD  OF  THEIR  EMPLOYMENT BY THE AUTHORITY, ALL CONTRIBUTIONS TO ANY
PENSION OR RETIREMENT FUND OR SYSTEM TO  BE  PAID  BY  THE  EMPLOYER  ON
ACCOUNT OF SUCH EMPLOYEES, SHALL BE PAID BY THE AUTHORITY.
  S  10.  Transfer of appropriations. Upon the execution of an agreement
as set forth in subdivision 4 of section 2614 of the public  authorities
law,  as  added by section four of this act, and notwithstanding section
fifty-one of the state finance law, all  appropriations  or  reappropri-
ations  for  the  functions  transferred pursuant to this act heretofore
made to the  department  of  environmental  conservation  or  segregated
pursuant  to law, to the extent that unexpended or unencumbered balances
remain, whether allocated or unallocated and whether obligated or  unob-
ligated,  are  hereby  transferred  to  and  made  available for use and
expenditure by the olympic regional development authority, for the  same
purposes  for  which originally appropriated or reappropriated and shall
be payable on vouchers certified or approved by the chair of the olympic
regional development authority on audit and warrant of the  comptroller.
Payments  for  liabilities for expenses of personal service, maintenance
and operation heretofore incurred by  the  department  of  environmental
conservation  in  connection  with the functions transferred pursuant to
this act, and for liabilities incurred and to be incurred in  completing
its  affairs in relation to such functions, shall also be made on vouch-
ers or certificates approved by the commissioner of  the  department  of
environmental conservation on audit or warrant of the comptroller.
  S 11. This act shall take effect immediately.

                                 PART D

  Section  1.  Section  285-a  of  the  agriculture  and  markets law is
REPEALED.
  S 2. Subdivision 12 of section 283 of the agriculture and markets  law
is  REPEALED  and  subdivisions 13 and 14 are renumbered subdivisions 12
and 13.
  S 3. Section 7 of chapter 654 of the laws of 1994, amending the trans-
portation law and other laws  relating  to  equipment  requirements  for
registered farm vehicles, is REPEALED.
  S 4. Section 285-b of the agriculture and markets law is REPEALED.
  S 5. Article 4 of the state technology law is REPEALED.
  S 6. Section 372-a of the social services law is REPEALED.
  S  7.  Subdivision  1  of  section 2803-r of the public health law, as
added by chapter 439 of the laws of 2005, is amended to read as follows:
  1. All hospitals and clinics shall  notify  their  prenatal  care  and
obstetric  patients of the provisions of the abandoned infant protection
act, using materials provided by  the  office  of  children  and  family
services[, pursuant to section three hundred seventy-two-a of the social
services  law].  The  department shall develop agreements with societies
and organizations of medical practitioners under which the department or
the office of children and family services shall  provide  materials  to
such  societies to provide appropriate education and outreach concerning
the abandoned infant protection act to their  members  and  the  public.
Criminal penalties for violation pursuant to subdivisions one and two of
section twelve-b of this chapter shall not apply to this section.

S. 6260--C                         28                         A. 9060--C

  S 8. Sections 520 and 521 of the executive law are REPEALED.
  S 9. Article 28 of the executive law is REPEALED.
  S 10. Paragraph (p) of subdivision 1 of section 17 of the public offi-
cers law is REPEALED.
  S 11. Section 92-y of the state finance law is REPEALED.
  S  12.  Paragraph  (b) of subdivision 1 of section 88-a of the highway
law, as amended by section 4 of part Z of chapter 383  of  the  laws  of
2001, is amended to read as follows:
  (b)  the  chairperson, or his or her designated representative, of the
New York state thruway authority, the adirondack park agency[,] AND  the
tourism  advisory council[, the upstate New York tourism council and the
downstate New York tourism council];
  S 13. Subdivision 3 of section 349-bb of the highway law,  as  amended
by section 5 of part Z of chapter 383 of the laws of 2001, is amended to
read as follows:
  3.  The commissioner is hereby authorized to enter into contracts with
qualified, responsible not-for-profit organizations involved  in  scenic
byways  activities  [and  the  upstate  New  York  tourism  council] for
services relating to the development of the New York state scenic byways
program or services relating to the operation, development or  promotion
of a specific scenic byway.
  S  14.  Subdivision 1 of section 349-cc of the highway law, as amended
by chapter 399 of the laws of 2005, is amended to read as follows:
  1. An advisory board of state agencies with  responsibilities  related
to  the  designation  and management of scenic byways and not-for-profit
organizations related to the promotion and development of scenic  byways
is hereby formed to advise and assist the department in the operation of
its  scenic  byways  program.  The  advisory  board shall consist of one
member appointed by the temporary president of the  senate,  one  member
appointed  by  the  speaker of the assembly, the secretary of state, and
the commissioners of the department  of  agriculture  and  markets,  the
department  of economic development, and the department of environmental
conservation, and the office of parks, recreation and historic preserva-
tion or their duly designated representatives.  The  commissioner  shall
appoint as members of the advisory board the chief executive officer, or
his  or  her duly authorized representative, of not-for-profit organiza-
tions related to the promotion and development of a scenic byway  desig-
nated pursuant to this article[,] AND three representatives of organiza-
tions  concerned with the preservation of scenic qualities, the motoring
public and tourism development [and members or  representatives  of  the
upstate  New  York tourism council and of the downstate New York tourism
council]. The commissioner, or his  or  her  duly  designated  represen-
tative,  shall  serve  as  chair.  Members  of  the advisory board shall
receive no pay, but shall be eligible to receive  actual  and  necessary
expenses  from  their respective agencies, or for the expenses of repre-
sentatives of organizations related to the promotion and development  of
a  scenic  byway,  the  preservation  of  scenic qualities, the motoring
public and tourism development, from the department. The advisory  board
shall  consult  with  the Adirondack Park Agency regarding scenic byways
within the Adirondack Park. The advisory board shall also  consult  with
the  Hudson  River  Valley  Communities  Council regarding scenic byways
within the Hudson River Valley Greenway as defined in article forty-four
of the environmental conservation law. The advisory board shall  consult
with the Niagara River Greenway Commission regarding scenic byways with-
in  the  Niagara River Greenway as defined in article thirty-nine of the
parks, recreation and historic preservation  law.  [The  advisory  board

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shall consult with the upstate New York tourism council regarding scenic
byways  in  the upstate New York region, and with the downstate New York
tourism council regarding  scenic  byways  in  the  downstate  New  York
region.]
  S  15.  Paragraph a of subdivision 1 of section 233-b of the education
law, as amended by section 3 of part Z of chapter 383  of  the  laws  of
2001, is amended to read as follows:
  a.  There  is  hereby  established  within the department the New York
state freedom trail commission. The commission shall consist  of  twelve
members,  to  be  appointed as follows: three members to be appointed by
the governor, three members to be appointed by the board of regents, two
members to be appointed by the temporary president of  the  senate,  one
member to be appointed by the minority leader of the senate, two members
to  be  appointed  by  the speaker of the assembly, and one member to be
appointed by the minority leader of the assembly. Such members shall  be
representative  of  academic or public historians, corporations, founda-
tions, historical societies, civic organizations, and religious  denomi-
nations.  In addition, the following state officers, or their designees,
shall serve as members of the commission: the commissioner of education,
the head of the state museum, the head of the state archives,  the  head
of  the  office  of state history, the commissioner of economic develop-
ment, the head of the state tourism advisory council[,  the  chairperson
of  the  upstate  New York tourism council, the chairperson of the down-
state New York tourism council,] and the commissioner of  parks,  recre-
ation and historic preservation.
  S  16.  Section  27-0702  of  the  environmental  conservation  law is
REPEALED.
  S 17. The opening paragraph of subdivision 2 of section 27-0103 of the
environmental conservation law, as amended by chapter 55 of the laws  of
1992, is amended to read as follows:
  The  commissioner  shall[,  with  the  advice of the state solid waste
management board established pursuant to section 27-0702 of  this  arti-
cle,] biennially review the status of programs and information contained
within  the plan and make recommendations for legislation or other state
action related to:
  S 18. Paragraph g of subdivision 3 of section 165 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  g. In addition to carrying out the provisions of paragraphs e and f of
this subdivision, the commissioner shall identify and implement specific
steps which will reduce, to the maximum extent practicable, waste gener-
ated in state facilities and maximize the recovery and reuse of  second-
ary  materials from such facilities. Such steps and their implementation
shall be reviewed from time to time but no less frequently than annually
or upon receiving recommendations for additional steps from  [the  solid
waste management board,] the department of environmental conservation or
the environmental facilities corporation.
  S 19. Subdivision 3 and the closing paragraph of section 1285-d of the
public  authorities  law, subdivision 3 as amended by chapter 283 of the
laws of 1979 and the closing paragraph as added by chapter  639  of  the
laws of 1978, are amended to read as follows:
  3.  [To advise the corporation on technical matters, a technical advi-
sory committee shall be constituted to be composed of the  commissioners
of  transportation, commerce, health and environmental conservation, the
secretary of state, and five persons representative of  affected  indus-
tries to be appointed by the governor with the advice and consent of the

S. 6260--C                         30                         A. 9060--C

senate.  Upon  dissolution  of  the  hazardous  waste  disposal advisory
committee pursuant to subdivision three of section twelve hundred eight-
y-five-f of this article, two members of that  committee  designated  by
the  governor  shall become members of the committee established by this
subdivision which committee shall be expanded by two members.]
  In [excercising]  EXERCISING  its  responsibilities,  the  corporation
shall also cooperate and act in conjunction with industrial, commercial,
medical, scientific, public interest and educational organizations with-
in  the state, and with agencies of the federal government, of the state
and its political subdivisions, of  other  states,  and  joint  agencies
thereof.
  S  20.  Paragraph (c) of subdivision 3 of section 1285-f of the public
authorities law is REPEALED.
  S 21. Section 216-b of the vehicle and traffic law is REPEALED.
  S 22. Subdivision 9 of section  3.23  of  the  parks,  recreation  and
historic preservation law is REPEALED.
  S 23. Section 89-mmm of the general business law is REPEALED.
  S  24.  Subdivision 2 of section 100 of the executive law, as added by
chapter 557 of the laws of 1997, is amended to read as follows:
  2. The secretary of state shall maintain  all  records  collected  for
applicants  pursuant  to  the armored car guard act for a period of five
years after the applicant's termination as an armored car guard, retire-
ment, resignation, death, failure to be rehired, or non-renewal  of  the
applicant's registration card. Every armored car carrier shall file with
the  secretary,  on  a  monthly basis, a report, stating all armored car
guards in their employ who have retired,  resigned,  died,  been  termi-
nated,  have [hot] NOT been rehired, or have otherwise been removed from
active duty, in such form and on such media as approved for such purpose
by the secretary[, upon recommendation of the armored car carrier  advi-
sory  board  established  pursuant  to the provisions of section eighty-
nine-mmm of the general business law].
  S 25. Subdivision 5 of section 89-bbb of the general business  law  is
REPEALED.
  S  26. Section 89-lll of the general business law, as added by chapter
557 of the laws of 1997, is amended to read as follows:
  S 89-lll.  Regulations.  The  secretary[,  in  consultation  with  the
board,] is hereby authorized and empowered to promulgate rules and regu-
lations  necessary  for  the  proper  conduct of the business authorized
under this article, and not inconsistent herewith.
  S 27. Subdivision 5 of section 89-ppp of the general business  law  is
REPEALED.
  S 28. Section 923 of the executive law is REPEALED.
  S 29. Section 433-a of the general business law is REPEALED.
  S 30. The section heading of section 35 of the social services law, as
amended  by  chapter  300  of  the  laws  of 1992, is amended to read as
follows:
  Legal representation of individuals whose federal disability  benefits
have been denied or may be discontinued[; advisory committee].
  S  31.  Subdivision  1  of  section  35 of the social services law, as
amended by chapter 300 of the laws  of  1992,  is  amended  to  read  as
follows:
  1.  [a.  There is hereby established within the department an advisory
committee on legal advocacy (hereinafter to be referred to as the "advi-
sory committee") which shall consist of nine members or their designated
representatives. The advisory committee shall consist of  the  following
nine  members:  the  commissioner  of mental health, the commissioner of

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mental retardation and developmental disabilities, the advocate for  the
disabled  and  six  members  appointed  by the governor. The six members
appointed by the governor shall include three representatives of  inter-
ested public and private groups, and shall include three representatives
of  county  government  and  the city of New York to be appointed from a
list of six names submitted by the New York state association  of  coun-
ties.  The commissioner shall coordinate the functions and activities of
the department with those of the advisory committee.
  b.] The [advisory committee] COMMISSIONER shall [make  recommendations
regarding]  ESTABLISH  criteria  for  selection  of  grant applications,
review applications awarded pursuant to the provisions of this  section,
[make  recommendations  thereon  to  the  commissioner] and exercise and
perform such other [advisory] functions as are related to  the  purposes
of  this  section[;  provided  however  that the committee shall meet at
least once every six months].
  S 32. Subdivisions 2 and 4 of section 35 of the social  services  law,
subdivision  2  as  amended and subdivision 4 as added by chapter 300 of
the laws of 1992, are amended to read as follows:
  2. The commissioner[, after consultation with the advisory committee,]
shall make grants, within the amounts appropriated for that purpose,  to
not-for-profit  legal  services corporations and not-for-profit agencies
serving the disabled and local social services districts, to provide for
representation of persons whose federal  disability  benefits  including
supplemental  security  income  and social security disability insurance
have been denied or may be discontinued for the purpose of  representing
these  persons  in  appropriate  proceedings.  When the commissioner has
contracted with a local social services district to provide such  repre-
sentation,  the legislative body of such district may authorize and make
provision for the commissioner of social services  of  the  district  to
obtain  necessary  legal  services  on a fee for services basis or other
appropriate basis which the department may approve. Such legal  services
may  be provided by not-for-profit legal services corporations, not-for-
profit agencies serving the disabled or private attorneys.
  4. Responsibility for local financial participation  shall  be  deter-
mined  by  the  commissioner  based on either costs of and the number of
district residents served by each local entity or the  alternative  cost
allocation  procedure deemed appropriate by the commissioner [in consul-
tation with the advisory committee].
  S 33. Subdivisions 8 and 9 of section 350 of  the  executive  law  are
REPEALED.
  S 34. Subdivision 16 of section 353 of the executive law is REPEALED.
  S 35. Sections 365, 365-a, 365-b, 365-c, 365-d, 365-e, 365-f and 365-g
of the executive law are REPEALED.
  S  36. Title 11 of article 24 of the environmental conservation law is
REPEALED.
  S 37. Subdivision 1 of section 24-0301 of the environmental  conserva-
tion  law,  as amended by chapter 654 of the laws of 1977, is amended to
read as follows:
  1. The commissioner shall, as soon as practicable, conduct a study  to
identify  and  map  those individual freshwater wetlands in the state of
New York which shall have an area of at  least  twelve  and  four-tenths
acres  or  more, or if less than twelve and four-tenths acres, (a) have,
in the discretion of the commissioner[, and subject  to  review  of  his
action  by  the board created pursuant to title eleven of this article,]
unusual local importance for one or more of the  specific  benefits  set
forth in subdivision seven of section 24-0105 OF THIS ARTICLE or (b) are

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located  within  the Adirondack park and meet the definition of wetlands
contained in subdivision sixty-eight of section eight  hundred  two  [of
article  twenty-seven]  of  the executive law, and shall determine their
characteristics. This study shall, in addition to such other data as the
commissioner  may  determine  to  be included, consist of the freshwater
wetlands inventory of  the  department  of  environmental  conservation,
currently  being  made, together with other available data on freshwater
wetlands, whether assisted by the state of  New  York  under  the  tidal
wetlands act or otherwise, or assembled by federal or local governmental
or  private  agencies,  all  of which information shall be assembled and
integrated, as applicable, into a map  of  freshwater  wetlands  of  the
state  of New York. Such study may, in the discretion of the commission-
er, be carried out on a sectional or regional  basis,  as  indicated  by
need, subject to overall completion in an expeditious fashion subject to
the  terms  of this chapter. This map, and any orders issued pursuant to
the provisions of this article, shall comprise a part of  the  statewide
environmental plan as provided for in section 3-0303 of this chapter. As
soon  as  practicable  the commissioner shall file with the secretary of
state a detailed description of the technical methods  and  requirements
to  be  utilized  in  compiling  the  inventory, and he shall afford the
public an opportunity to submit comments thereon.
  S 38. Subdivision 5 of section 24-0703 of the environmental  conserva-
tion  law,  as amended by chapter 233 of the laws of 1979, is amended to
read as follows:
  5. Prior to the promulgation of the final freshwater wetlands map in a
particular  area  and  the  implementation  of  a  freshwater   wetlands
protection  law  or  ordinance,  no person shall conduct, or cause to be
conducted, any activity for which a permit  is  required  under  section
24-0701  of this [article] TITLE on any freshwater wetland unless he has
obtained a permit from the commissioner under this section.  Any  person
may  inquire  of  the  department as to whether or not a given parcel of
land will be designated a freshwater wetland subject to regulation.  The
department shall give a definite answer in writing within thirty days of
such  request  as  to  whether such parcel will or will not be so desig-
nated. Provided that, in the event that  weather  or  ground  conditions
prevent  the  department from making a determination within thirty days,
it may extend such period until a determination can be made. Such answer
in the affirmative shall be reviewable [pursuant to title eleven of this
article]; such an answer in the negative shall be a complete defense  to
the  enforcement  of this article as to such parcel of land. The commis-
sioner may by regulation adopted after public hearing exempt  categories
or classes of wetlands or individual wetlands which he determines not to
be  critical  to  the  furtherance  of the policies and purposes of this
article.
  S 39.  Subdivision 6 of section 24-0705 of the environmental conserva-
tion law, as amended by chapter 654 of the laws of 1977, is  amended  to
read as follows:
  6.  Review  of  the  determination  of  the local government or of the
commissioner shall be, within a period of thirty days after  the  filing
thereof, pursuant to the provisions of [title eleven of this article or]
article  seventy-eight of the civil practice law and rules. Any owner of
the wetland affected and any resident or citizen of the local government
shall be deemed to have the requisite standing to seek review.
  S 40. Subdivision 2 of section 24-0801 of the environmental  conserva-
tion  law,  as  added  by chapter 654 of the laws of 1977, is amended to
read as follows:

S. 6260--C                         33                         A. 9060--C

  2. Where the activities otherwise subject  to  regulation  under  this
article involve freshwater wetlands located within the boundaries of the
Adirondack park, the inquiries referred to and the applications provided
for  in  section 24-0703 of this article shall be made to and filed with
the  Adirondack park agency at its headquarters office, under such regu-
lations and procedures as the Adirondack park agency may promulgate. The
Adirondack park agency shall review the  application  in  place  of  the
commissioner  or local government as provided in section 24-0705 of this
article, having due regard for the declaration of policy  and  statement
of  findings  set  forth  in this article and for the considerations set
forth in subdivision one of section 24-0705 of this article. The  agency
shall in addition determine prior to the granting of any permit that the
proposed  activity  will be consistent with the Adirondack park land use
and development plan and would not have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic, recreational
or open space resources of the park, taking into  account  the  economic
and social or other benefits to be derived from the activity. Any person
may  seek  review  of a ruling made solely pursuant to the provisions of
this article by the Adirondack park agency pursuant to the provisions of
[title eleven of this article or] article  seventy-eight  of  the  civil
practice law and rules.
  S  41. Subdivision 7 of section 24-0903 of the environmental conserva-
tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
read as follows:
  7.  Any  person  aggrieved  by  any  such order or regulation may seek
[review pursuant to the provisions of title eleven of this  article  or]
judicial  review pursuant to article seventy-eight of the civil practice
law and rules in the supreme court for the county in which the  freshwa-
ter  wetland is located, within thirty days after the date of the filing
of the order with the clerk of  the  county  in  which  the  wetland  is
located.
  S  42.  Section  24-0507  of  the  environmental  conservation law, as
amended by chapter 654 of the laws  of  1977,  is  amended  to  read  as
follows:
S 24-0507. Reservation of local jurisdiction.
  Except  as provided in this article, jurisdiction over all areas which
would qualify as freshwater wetlands except that they are not designated
as such on the freshwater wetlands map pursuant to  section  24-0301  of
this  article because they are less than twelve and four-tenths acres in
size and are not of unusual local importance is reserved  to  the  city,
town  or  village in which they are wholly or partially located, and the
implementation of this article with respect thereto is the  responsibil-
ity  of  said  city, town or village, in accordance with section 24-0501
and title twenty-three of article seventy-one of  this  chapter,  except
that  a  city,  town or village in the exercise of its powers under this
section, shall not be subject to the provisions of subdivision  four  of
section  24-0501,  subdivisions  two  and  three  of section 24-0503, or
section 24-0505[, but shall be subject to judicial review under subdivi-
sion two of section 24-1105] of this article.
  S 43. Subdivision 3 of section 1-0303 of the  environmental  conserva-
tion law is REPEALED.
  S  44.  Paragraph a of subdivision 2 of section 3-0301 of the environ-
mental conservation law, as amended by chapter 469 of the laws of  1974,
is amended to read as follows:
  a.  [With the advice and approval of the board, adopt] ADOPT, amend or
repeal environmental standards, criteria and those rules and regulations

S. 6260--C                         34                         A. 9060--C

having the force and effect of standards and criteria to carry  out  the
purposes and provisions of this act. [Upon approval by the board of any]
ANY such environmental standard, criterion, rule or regulation or change
thereto[,  it] shall become effective thirty days after being filed with
the Secretary of State for publication in the "Official  Compilation  of
Codes, Rules, and Regulations of the State of New York" published pursu-
ant to section 102 of the Executive Law. This provision shall not in any
way  restrict the commissioner in the exercise of any function, power or
duty transferred to him OR HER and heretofore authorized to be exercised
by any other department acting through its commissioner  to  promulgate,
adopt,  amend  or  repeal any standards, rules and regulations.  No such
environmental standards, criterion, rule or regulation or change thereto
shall be proposed for approval unless a public hearing relating  to  the
subject of such standard shall be held by the commissioner prior thereto
not  less  than  30 days after date of notice therefor, any provision of
law to the contrary notwithstanding. Notice shall  be  given  by  public
advertisement  of  the  date,  time,  place and purpose of such hearing.
[Members of the board shall be entitled to participate in  such  hearing
and  opportunity  to  be  heard  by the commissioner with respect to the
subject thereof shall be given to the public.]
  S 45. Article 5 of the environmental conservation law is REPEALED.
  S 46. Section 17-1411 of the environmental conservation law, as  added
by chapter 436 of the laws of 1989, is amended to read as follows:
S 17-1411. Regulations.
  [1.] The commissioner may promulgate regulations necessary to effectu-
ate  the  purposes  of  section 17-1409 of this title including, but not
limited to, regulations setting forth criteria for submission and  proc-
essing  of  grant  applications, components of best management practices
and state standards necessary to control nonpoint source pollution.
  [2. Regulations  promulgated  pursuant  to  subdivision  one  of  this
section  shall not require the approval of the state environmental board
pursuant to paragraph a of subdivision two of section 3-0301 or subdivi-
sion two of section 5-0107 of this chapter.]
  S 47. Subdivision 4 of section 19-0303 of the environmental  conserva-
tion  law,  as  added  by chapter 608 of the laws of 1993, is amended to
read as follows:
  4. In adopting any code, rule or regulation which contains a  require-
ment  that is more stringent than the Act or regulations issued pursuant
to the Act by the United States  environmental  protection  agency,  the
commissioner shall, in addition to the provisions of section two hundred
two-a  of the state administrative procedure act, include in the regula-
tory impact statement:
  (a) a detailed explanation of  the  reason  or  reasons  that  justify
exceeding federal minimum requirements, including:
  (i)  satisfying  any  requirement of the Act as it relates to New York
state, including any requirement for demonstrating attainment or mainte-
nance of ambient air quality standards  or  meeting  reasonable  further
progress pursuant to Title I of the Act;
  (ii) preventing an assessment or imposition of sanctions, or the impo-
sition of a federal implementation plan, pursuant to the Act;
  (iii) complying with a final decree of a court; or
  (iv) protecting public health or the environment;
  (b) an evaluation of the cost-effectiveness of the proposed code, rule
or  regulation,  in comparison with the cost-effectiveness of reasonably
available alternatives; and

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  (c) a review of the reasonably available alternative measures  consid-
ered by the commissioner and an explanation of the reasons for rejecting
such alternatives.
  [Any  code, rule or regulation to which this subdivision is applicable
shall be subject to the approval of the environmental board pursuant  to
subdivision 2 of section 5-0107 of this chapter.]
  S  48.  Section  19-0917  of  the  environmental  conservation  law is
REPEALED.
  S 49. Subdivision 3 of section 27-0903 of the environmental  conserva-
tion  law,  as amended by chapter 831 of the laws of 1990, is amended to
read as follows:
  3. The regulations setting forth the criteria for  identification  and
listing,  and the list of, hazardous wastes subject to this title may be
amended by the commissioner from time to time as appropriate, based upon
hazardous waste conditions of particular relevance  to  the  state.  The
commissioner  may  promulgate the appropriately amended regulations only
[after approval of the state environmental board based] upon  a  showing
of  the  circumstances  constituting  the  hazardous waste conditions of
particular relevance to this state, and then in a manner consistent with
the state administrative procedure act.
  S 50. Subdivision 1 of section 27-1315 of the environmental  conserva-
tion  law, as amended by section 7 of part E of chapter 1 of the laws of
2003, is amended to read as follows:
  1. The commissioner shall have the power to promulgate rules and regu-
lations necessary and appropriate to carry  out  the  purposes  of  this
title.  Any  [such] regulations shall include provisions which establish
the procedures for a hearing pursuant to  subdivision  four  of  section
27-1313 of this title[. Any such provisions] AND shall ensure a division
of  functions  between the commissioner, the staff who present the case,
and any hearing officers appointed. In addition, any [such]  regulations
shall  set forth findings to be based on a factual record, which must be
made before the commissioner determines that a significant threat to the
environment exists. [Rules and regulations promulgated pursuant to  this
title  shall be subject to the approval of a board, which shall be known
as the inactive hazardous waste disposal site regulation  review  board,
which  shall  have  the same members, rules, and procedures as the state
environmental board.]
  S 51. Subdivision 1 of section 27-1504 of the environmental  conserva-
tion  law,  as  added  by chapter 180 of the laws of 1989, is amended to
read as follows:
  1. The commissioner shall promulgate new regulations or amend existing
regulations establishing a program for the  tracking  of  the  regulated
medical  waste  which is generated in this state. Such regulations shall
not be subject to the requirements of subdivision 2  of  section  3-0301
[or subdivision 2 of section 5-0107] of this chapter.
  S  52. Subdivision 4 of section 29-0103 of the environmental conserva-
tion law is REPEALED.
  S 53. Subdivision 4 of section 70-0117 of the environmental  conserva-
tion  law,  as  added  by chapter 723 of the laws of 1977, is amended to
read as follows:
  4. In conjunction with one  or  more  applications  for  permits,  the
department may, on request of an applicant undertake a conceptual review
of a proposed project evaluating the general approvability or nonapprov-
ability of a proposed project, including all proposed phases or segments
thereof,  subject  to  the  development  and submission of more detailed
plans and information and such additional applications  for  permits  in

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the future as may be necessary. The department shall, in rules and regu-
lations  [approved by the state environmental board], establish criteria
and guidelines for the  conceptual  review  of  proposed  projects.  The
department shall establish, in rules and regulations adopted pursuant to
section  70-0107  of  this  chapter, procedures governing the conceptual
review of proposed projects.
  S 54. Sections 9-0705, 9-0707, 9-0709 and 9-0711 of the  environmental
conservation law are REPEALED.
  S 55. Section 9-0713 of the environmental conservation law, as amended
by chapter 386 of the laws of 1980, is amended to read as follows:
S 9-0713. State assistance.
  [Upon  the  establishment of regional forest practice boards, and upon
the adoption and promulgation of] THE COMMISSIONER  SHALL  ADOPT  forest
practice  standards[,  the regional forest practice boards]. THE DEPART-
MENT shall notify [all the] owners of forest  land  [in  their  regions]
that  the  commissioner  is  prepared  to  assist  cooperating owners in
connection with the application of [approved] forest practice standards.
The commissioner shall provide to cooperating forest and  farm  woodland
owners  technical  services  in  connection  with  all  phases of forest
management including but not limited to,  plantation  establishment  and
care,  the  marking  of  timber,  marketing assistance and silvicultural
treatment of immature stands.
  S 56. Subdivision 1 of section 444-b  of  the  real  property  law  is
REPEALED and subdivisions 2, 3, 4, 5, 6, 7 and 8 are renumbered subdivi-
sions 1, 2, 3, 4, 5, 6 and 7.
  S  57.  Subdivision  4  of  section 444-b of the real property law, as
amended by chapter 225 of the laws of 2005 and as renumbered by  section
fifty-six of this act, is amended to read as follows:
  4.  "Home  inspection"  means  the  process  by which a home inspector
observes and provides a written report of the systems and components  of
a  residential  building  including  but  not limited to heating system,
cooling system, plumbing system, electrical  system,  structural  compo-
nents, foundation, roof, masonry structure, exterior and interior compo-
nents or any other related residential building component as recommended
[by  the  home  inspection  council  and implemented] OR REQUIRED by the
department through regulation to provide a client with objective  infor-
mation about the condition of the residential building. The home inspec-
tor  shall  clearly  identify  in  the  written report which systems and
components of the residential building were observed. A home  inspection
shall not include an inspection for radon or pests.
  S  58. Section 444-c of the real property law, as added by chapter 461
of the laws of 2004, subdivisions 1, 2 and 3 as amended by  chapter  225
of the laws of 2005, is amended to read as follows:
  S  444-c. [State home inspection council] CODE OF ETHICS AND STANDARDS
OF PRACTICE. 1. [There is hereby established  a  state  home  inspection
council  within  the department. The council shall consist of the secre-
tary or the secretary's designee and  six  additional  members  who  are
residents  of  the  state,  of  whom three shall be persons licensed and
actively engaged in the business of home inspection in the state of  New
York for at least five years immediately preceding their appointment and
three  of whom shall be consumers who are the owners and principal resi-
dents of a residential building in the state of New York.   Appointments
shall reflect the geographical diversity of the state.
  2.  For a period of one year after the effective date of this section,
and notwithstanding any other provisions of this section to the  contra-
ry,  the first three home inspectors appointed as members of the commit-

S. 6260--C                         37                         A. 9060--C

tee shall not be required, at the time of their first appointment, to be
licensed to practice home inspection,  provided  that  such  members  be
licensed pursuant to this article within one year of appointment.
  3. The governor shall appoint each member of the council for a term of
three  years except that of the members first appointed, two shall serve
for terms of three years, two shall serve for terms of two years and two
shall serve for a term of one year. The governor shall appoint one  home
inspector  and  one  consumer  solely in his or her discretion, one home
inspector and one consumer upon  the  recommendation  of  the  temporary
president  of  the  senate, and one home inspector and one consumer upon
the recommendation of the speaker of the  assembly.  Each  member  shall
hold  office  until his or her successor has been qualified. Any vacancy
in the membership of the council shall be filled for the unexpired  term
in  the  manner  provided for the original appointment. No member of the
council may serve more than two successive  terms  in  addition  to  any
unexpired term to which he or she has been appointed.
  4.  Members  of the council shall receive no compensation but shall be
reimbursed for their actual and necessary  expenses  and  provided  with
office  and  meeting  facilities  and  personnel required for the proper
conduct of the council's business.
  5. The council shall annually elect from among its members a chair and
vice-chair and may appoint a secretary, who need not be a member of  the
council. The council shall meet at least twice a year and may hold addi-
tional meetings as necessary to discharge its duties.
  6.  The  role  of  the  council shall be advisory.] The [council shall
advise the secretary  in  the  administration  and  enforcement  of  the
provisions of this article and recommend to the] secretary SHALL PROMUL-
GATE  regulations  to implement the provisions of this article including
but not limited to:
  (a) standards for training including approval of the course  of  study
and examination required for licensure of home inspectors;
  (b)  requirements  and  standards  for  continuing  education  of home
inspectors;
  (c) a code of ethics and  standards  of  practice  for  licensed  home
inspectors  consistent  with  the  provisions  of this article and sound
ethical practices which code and standards shall be  subject  to  public
notice  and comment prior to [a council recommendation to the secretary]
ADOPTION OF THE REGULATIONS. The standards of practice shall not require
a reporting format or limit information which licensees  are  authorized
to provide a client pursuant to this article; and
  (d)  development  of  information and educational materials about home
inspection for distribution to clients.
  2. Nothing in this section shall be deemed  to  supersede  any  estab-
lished  authority, duty and power established by local law, state law or
regulation or otherwise granted to any agency, body or entity.
  S 59. Section 444-e of the real property law, as added by chapter  461
of  the laws of 2004, paragraphs (b) and (c) of subdivision 1 and subdi-
vision 3 as amended by chapter 225 of the laws of 2005,  is  amended  to
read as follows:
  S  444-e.  Qualifications for licensure. 1. An applicant for a license
as a home inspector shall:
  (a) have successfully completed high school or its equivalent; and
  (b) (i) have successfully completed a course of study of not less than
one hundred forty hours approved by the secretary[, in consultation with
the council], of which at least forty hours shall have been in the  form
of  unpaid  field  based  inspections  in  the presence of and under the

S. 6260--C                         38                         A. 9060--C

direct supervision of a home inspector licensed by the state of New York
or a professional engineer or architect regulated by the  state  of  New
York  who  oversees and takes full responsibility for the inspection and
any report provided to a client; or
  (ii)  have performed not less than one hundred home inspections in the
presence of and  under  the  direct  supervision  of  a  home  inspector
licensed  by  the state of New York or a professional engineer or archi-
tect regulated by the state of New York  who  oversees  and  takes  full
responsibility  for  the inspection and any report provided to a client;
and
  (c) have passed a written or electronic examination  approved  by  the
secretary[,  in  consultation  with  the  council], and designed to test
competence in home inspection practice as  determined  by  a  recognized
role definition methodology and developed and administered to the extent
practicable  in  a  manner  consistent  with  the  American  Educational
Research Association's  "Standards  for  Educational  and  Psychological
Testing."  An applicant who has passed an existing nationally recognized
examination, as approved by the secretary, prior to the  effective  date
of this article shall be in compliance with this paragraph; and
  (d) pay the applicable fees.
  2. The provisions of this section shall not apply to a person perform-
ing  a home inspection pursuant to subparagraph (ii) of paragraph (b) of
subdivision one of this section for the purpose of meeting  requirements
for a home inspector license.
  3.  Upon  submission  of an application and payment of the application
and licensure fee to the secretary, the secretary  shall  issue  a  home
inspector's  license  to  a  person  who holds a valid license as a home
inspector issued by another state or possession of the United States  or
the District of Columbia which has standards substantially equivalent to
those  of  this  state  as determined by the secretary[, in consultation
with the council].
  4. On or before the effective date  of  this  article,  the  secretary
shall, upon application, issue a home inspector license to a person who:
  (a)  meets  the  requirements of paragraphs (a) and (c) of subdivision
one of  this  section  and  has  performed  one  hundred  or  more  home
inspections  for  compensation  within  two years prior to the effective
date of this section; or
  (b) meets the requirements of paragraph (a) of subdivision one of this
section and has been engaged in the  practice  of  home  inspection  for
compensation  for  not less than three years prior to the effective date
of this section during which such person has performed two hundred fifty
home inspections for compensation within three years prior to the effec-
tive date of this section; or
  (c) has education and experience which the secretary[, in consultation
with the council], considers equivalent to  that  required  pursuant  to
paragraphs (a) and (b) of this subdivision.
  S  60.  Subdivision  1  of  section 444-f of the real property law, as
amended by chapter 225 of the laws  of  2005,  is  amended  to  read  as
follows:
  1.  Home inspector licenses and renewals thereof shall be issued for a
period of two years, except that the secretary may, in order to  stagger
the expiration date thereof, provide that those licenses first issued or
renewed  after the effective date of this section shall expire or become
void on a date fixed by the secretary, not sooner than  six  months  nor
later  than  twenty-nine months after the date of issue. No renewal of a
license shall be issued unless the applicant has successfully  completed

S. 6260--C                         39                         A. 9060--C

a  course of continuing education approved by the secretary[, in consul-
tation with the council].
  S  61.  Subdivision  1  of  section 444-k of the real property law, as
added by chapter 461 of the laws of 2004, is amended to read as follows:
  1. Every licensed home inspector who is  engaged  in  home  inspection
shall  secure,  maintain, and file with the secretary proof of a certif-
icate of liability coverage, which terms and conditions shall be  deter-
mined by the secretary [in consultation with the council].
  S  62. Section 444-l of the real property law, as added by chapter 461
of the laws of 2004, is amended to read as follows:
  S 444-l. Duties of the secretary. The secretary shall[,  in  consulta-
tion with the council,] establish such rules and regulations as shall be
necessary to implement the provisions of this article.
  S  63.  Subdivision  6  of section 69-n of the general business law is
REPEALED.
  S 64. Chapter 868 of the laws of 1976, relating to  the  organic  food
advisory committee, is REPEALED.
  S  65.  Subdivisions  6, 7, 8 and 9 of section 73-b of the agriculture
and markets law are REPEALED and subdivision 10 is  renumbered  subdivi-
sion 6.
  S  66.  Subdivision  5  of section 73-b of the agriculture and markets
law, as added by chapter 276 of the laws of 2001, is amended to read  as
follows:
  5.  The  advisory  board,  which shall be chaired by the commissioner,
shall:
  (a) evaluate and prioritize the veterinary diagnostic laboratory needs
of industry, government and consumer entities;
  (b) provide advice and recommendations to the dean  of  the  New  York
state college of veterinary medicine for strategic direction of diagnos-
tic laboratory services;
  (c)  make  recommendations  to  the  dean regarding appointment of the
director of the laboratory; [and]
  (d) assess the feasibility of the consolidation, expansion and modern-
ization of the current physical facilities of the laboratory;
  (E) PROVIDE ADVICE AND RECOMMENDATIONS TO THE DIRECTOR OF THE DIAGNOS-
TIC LABORATORY REGARDING INDUSTRY NEEDS AND THE EFFECTIVENESS OF VETERI-
NARY DIAGNOSTIC LABORATORY SERVICES; AND
  (F) PROVIDE ADVICE AND RECOMMENDATIONS TO THE  COMMISSIONER,  THE  NEW
YORK  STATE  VETERINARIAN, AND THE DIRECTOR OF THE DIAGNOSTIC LABORATORY
REGARDING ANIMAL HEALTH PROGRAMS  ADMINISTERED  BY  THE  DEPARTMENT,  TO
INCLUDE BUT NOT BE LIMITED TO THE NEW YORK STATE CATTLE HEALTH ASSURANCE
PROGRAM AND THE EGG QUALITY ASSURANCE PROGRAM.
  S  67.  Paragraph (g) of subdivision 3 of section 73-b of the agricul-
ture and markets law, as added by chapter 276 of the laws  of  2001,  is
amended to read as follows:
  (g) one member to be appointed by the governor, upon recommendation by
the  commissioner[,  from  nominations  received  from the animal health
issues committee];
  S 68.  Section  13-0308  of  the  environmental  conservation  law  is
REPEALED.
  S  69.  The  opening paragraph of subdivision 15 of section 13-0309 of
the environmental conservation law, as added by chapter 512 of the  laws
of 1994, is amended to read as follows:
  Unless  and until regulations are adopted implementing a comprehensive
long-term management plan for the protection of  surf  clams  and  ocean
quahogs  in  New  York  waters  [prepared  in  conjunction with the surf

S. 6260--C                         40                         A. 9060--C

clam/ocean quahog management advisory board pursuant to section 13-0308,
of this title], the following restrictions shall apply  in  addition  to
any  consistent  regulations  adopted  prior to the date upon which such
section shall take effect:
  S  70.  Subparagraph (ii) of paragraph 3 of subdivision (a) of section
83 of the state finance law, as amended by section 6 of part A of  chap-
ter 58 of the laws of 1998, is amended to read as follows:
  (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
graph, moneys arising out of the application of subdivision fourteen  of
section 13-0309 of the environmental conservation law, shall be deposit-
ed in a special account within the conservation fund, to be known as the
surf clam/ocean quahog account, and shall be available to the department
of  environmental  conservation,  including  contracts for such purposes
with a New York State institution of higher education currently involved
in local marine research, after  appropriation,  for  the  research  and
stock  assessment of surf clams and ocean quahogs [and the operations of
the surf clam/ocean quahog management advisory board].
  S 71. Section 2407 of the public health law is REPEALED.
  S 72. Subdivision 5 of section  2409  of  the  public  health  law  is
REPEALED and subdivisions 6 and 7 are renumbered subdivisions 5 and 6.
  S  73. The public health law is amended by adding a new section 2409-a
to read as follows:
  S 2409-A. ADVISORY COUNCIL. 1. THERE  IS  HEREBY  ESTABLISHED  IN  THE
DEPARTMENT  THE BREAST, CERVICAL AND OVARIAN CANCER DETECTION AND EDUCA-
TION PROGRAM ADVISORY COUNCIL, FOR THE PURPOSE OF ADVISING  THE  COMMIS-
SIONER WITH REGARDS TO PROVIDING INFORMATION TO CONSUMERS, PATIENTS, AND
HEALTH CARE PROVIDERS RELATING, BUT NOT LIMITED TO, BREAST, CERVICAL AND
OVARIAN CANCER, INCLUDING SIGNS AND SYMPTOMS, RISK FACTORS, THE BENEFITS
OF PREVENTION AND EARLY DETECTION, GUIDELINE CONCORDANT CANCER SCREENING
AND  DISEASE  MANAGEMENT,  OPTIONS FOR DIAGNOSTIC TESTING AND TREATMENT,
NEW TECHNOLOGIES, AND SURVIVORSHIP.
  2. THE ADVISORY COUNCIL SHALL MAKE RECOMMENDATIONS TO  THE  DEPARTMENT
REGARDING  THE  PROMOTION  AND IMPLEMENTATION OF PROGRAMS UNDER SECTIONS
TWENTY-FOUR HUNDRED SIX AND TWENTY-FOUR HUNDRED NINE OF THIS TITLE.
  3. THE COMMISSIONER SHALL APPOINT  TWENTY-ONE  VOTING  MEMBERS,  WHICH
SHALL  INCLUDE  REPRESENTATION  OF HEALTH CARE PROFESSIONALS, CONSUMERS,
PATIENTS AND OTHER APPROPRIATE INTEREST REFLECTIVE OF THE  DIVERSITY  OF
THE STATE, WITH EXPERTISE IN BREAST, CERVICAL AND/OR OVARIAN CANCER. THE
COMMISSIONER  SHALL  APPOINT ONE MEMBER AS A CHAIRPERSON. THE MEMBERS OF
THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT  SHALL
BE  ALLOWED  THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN PERFORMANCE
OF THEIR DUTIES.
  4. A MAJORITY OF THE APPOINTED VOTING MEMBERSHIP OF  THE  BOARD  SHALL
CONSTITUTE QUORUM.
  5.  THE  ADVISORY  COUNCIL  SHALL  MEET  AT LEAST TWICE A YEAR, AT THE
REQUEST OF THE DEPARTMENT.
  S 74. Section 844-a of the executive law is REPEALED.
  S 75. This act shall take effect immediately; provided that:
  (a) the amendments to the  opening  paragraph  of  subdivision  15  of
section  13-0309  of the environmental conservation law, made by section
sixty-nine of this act, shall take effect on the same date as the rever-
sion of such subdivision as provided in section 2 of chapter 158 of  the
laws of 2011, as amended.
  (b)  sections  thirty-six,  thirty-seven,  thirty-eight,  thirty-nine,
forty, forty-one and forty-two of this act shall take  effect  upon  the
resolution  of  all appeals pending before the freshwater appeals board;

S. 6260--C                         41                         A. 9060--C

provided, however, that such board, created by title 11 of article 24 of
the environmental conservation law, as repealed by section thirty-six of
this act, shall not accept any new cases as of  the  effective  date  of
this act; and
  (c)  the  commissioner of the department of environmental conservation
shall notify the legislative bill drafting commission  upon  the  resol-
ution  of  all  appeals  pending  before the freshwater appeals board in
order that the commission may maintain an accurate and timely  effective
date data base of the official text of the laws of the state of New York
in  furtherance  of  effectuating  the  provisions  of section 44 of the
legislative law and section 70-b of the public officers law.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through D of this act shall  be
as specifically set forth in the last section of such Parts.

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