senate Bill S2608D

Signed By Governor
2013-2014 Legislative Session

Enacts into law major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for the 2013-2014 fiscal year

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Archive: Last Bill Status - 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 29, 2013 signed chap.58
delivered to governor
Mar 28, 2013 returned to senate
passed assembly
motion to amend lost
motion to amend lost
ordered to third reading rules cal.47
substituted for a3008d
Mar 24, 2013 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.272
Mar 20, 2013 print number 2608d
amend (t) and recommit to finance
Mar 09, 2013 print number 2608c
amend (t) and recommit to finance
Feb 22, 2013 print number 2608b
amend (t) and recommit to finance
Feb 13, 2013 print number 2608a
amend (t) and recommit to finance
Jan 22, 2013 referred to finance

Votes

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Bill Amendments

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

S2608 - Bill Details

See Assembly Version of this Bill:
A3008D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2608 - Bill Texts

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Authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2013-2014 (Part A); relates to the statewide transmission tax and amends part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof (Part B); imposes driver's license sanctions (Part C); relates to the hours of operation of the department of motor vehicles; and provides for the repeal of such provisions upon expiration thereof (Part D); relates to enforcement assistance; and repeals section 357-a of the public authorities law relating to payment by the New York state thruway authority for services provided by the division of state police (Part E); establishes the "Cleaner, Greener NY Act of 2013"; repeals section 27-1017 of the environmental conservation law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part F); relates to mandatory tire acceptance (Part G); amends chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, in relation to the effectiveness thereof (Part H); to amend chapter 58 of the laws of 2012 amending the public authorities law, relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to extending certain authority of the dormitory authority of the state of New York and directing the dormitory authority to report on a design and construction management agreement between such authority and the department of environmental conservation and/or the office of parks, recreation and historic preservation (Part I); authorizes and directs the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part K); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part L); authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part M); amends chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part P); relates to the issuance of hunting and fishing licenses; amends part AA of chapter 60 of the laws of 2011, amending the environmental conservation law relating to saltwater recreational fishing registrations, in relation to making the provisions of such part permanent; and repeals certain provisions of such law relating thereto (Part R); amends the agriculture and markets law and the public authorities law, in relation to alternate generated power sources at retail gasoline outlets (Part S); requires the New York state energy research and development authority to develop recommendations regarding the establishment of microgrids (Part T); relates to the use of ultra low sulfur diesel fuel and best available technology by the state (Part U); relates to airport improvement and revitalization grants and loans (Part V).

view sponsor memo
BILL NUMBER:S2608

TITLE OF BILL:
An act
to authorize funding for the Consolidated Local Street and Highway
Improvement Program (CHIPS) and Marchiselli program for state fiscal year
2013-2014 (Part A);
to amend the tax law, in relation to the statewide transmission
tax (Part B);
to amend the vehicle and traffic law, in relation to imposing drivers
license sanctions (Part C);
to amend the vehicle and traffic law, in relation to the hours of
operation of the department of motor vehicles (Part D);
to amend the public authorities law,
in relation to enforcement
assistance;
and to repeal section 357-a of such law relating to payment
by the New York state thruway authority for services provided by
the division
of state police (Part E);
to amend the environmental conservation law and the state finance law,
in relation to establishing the "Cleaner, Greener NY Act of 2013"; and
repealing section 27-1017 of the environmental conservation law
relating thereto (Part F);
to amend the environmental conservation law, in relation to waste tire
management and recycling fees (Part G);
to amend chapter 393 of the laws of 1994, amending the New York state
urban development corporation act, relating to the powers of the New
York state urban development corporation to make loans, in relation to
the effectiveness thereof (Part H);
to amend chapter 58 of the laws of 2012 amending the public authorities
law relating to authorizing the dormitory authority to enter into
certain design and construction management agreements, in relation to
extending certain authority of the dormitory authority of the state of
New York (Part I);
to amend the New York state urban development corporation act, in
relation to the powers of the New York state urban development
corporation to make grants (Part J);
to authorize and direct the New York state energy research and
development authority to make a payment to the general fund of up to
$913,000 (Part K);
to authorize the New York state energy research and development
authority to finance a portion of its research, development and
demonstration and policy and planning programs from assessments on gas
and electric corporations (Part L);
to authorize the department of health to finance certain activities with
revenues generated from an assessment on cable television
companies (Part M);
to amend the public service law, in relation to extending the temporary
state energy and utility conservation assessment; and to amend section 6
of part NN of chapter 59 of the laws of 2009 amending the public service
law relating to financing the operations of the department of public
service, the public service commission, department support and energy
management services provided by other state agencies, increasing the
utility assessment cap and the minimum threshold for collection
thereunder, and establishing a temporary state energy and utility
service conservation assessment and providing for the collection


thereof, in relation to extending the effectiveness thereof (Part N);
to amend the public service law, in relation to strengthening the
oversight and enforcement mechanisms of the Public Service Commission;
to amend the general business law, in relation to expanding the
definition of underground facilities and increasing fines for violations
relating to the protection of underground facilities; and to repeal
certain provisions of the public service law relating thereto (Part O);
to amend chapter 21 of the laws of 2003, amending the executive law
relating to permitting the secretary of state to provide special
handling for all documents filed or issued by the division of
corporations and to permit additional levels of such expedited service,
in relation to extending the expiration date thereof (Part P); and
to amend the banking law, the cooperative corporations law, the general
business law, and the not-for-profit corporation
law, in relation to facilitating an
online corporate filing system by removing the type classification
system for not-for-profit corporations; to repeal certain provisions of
the not-for-profit corporation law and the religious corporations law,
relating thereto (Subpart A);
to amend the business corporation law, the education law, the general
business law, the limited liability company law, the not-for-profit
corporation law, the partnership law, the private housing finance law,
the public health law and the transportation corporations law, in
relation to facilitating online filing by authorizing self-certification
by filers with regard to required consents; to repeal certain provisions
of the business corporation law and the not-for-profit corporation law,
relating thereto (Subpart B);
to amend the business corporation law, the limited liability company
law, the not-for-profit corporation law and the partnership law, in
relation to authorizing electronic attendance at meetings (Subpart C);
to amend the business corporation law, the limited liability company law
and the not-for-profit corporation law, in relation to who may act as an
incorporator (Subpart D);
to amend the general associations law, in relation to serving process
upon the secretary of state as agent (Subpart E);
to amend the tax law, in relation to reducing the taxes on shares
(Subpart F) (Part Q)

PURPOSE:

This bill contains provisions needed to implement the Transportation,
Economic Development and Environmental Conservation portions of the
2013-14 Executive Budget.

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

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

Purpose:

This bill would authorize funding for the Consolidated Local Street
and Highway Improvement Program (CHIPS) and Marchiselli program for
State fiscal year 2013-14.


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

This bill authorizes the CHIPS and Marchiselli capital aid programs to
counties, cities, towns and villages for State fiscal year 2013-14 at
$363.1 million and $39.7 million respectively.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget because annual authorization is required for these programs.

Effective Date:

This bill would take effect immediately upon enactment.

Part B - Continue the redistribution of the statewide collected
transmission tax between the upstate (PTOA) and downstate (MMTOA)
transit accounts in an equitable manner

Purpose:

This bill would continue to redistribute the revenue collected from
the corporate and utilities taxes imposed under Sections 183 and 184
of the Tax Law to provide an equitable share to the public
transportation systems operating assistance accounts.

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

This bill would amend Section 205 of Tax Law to provide that, on and
after April 1, 2013, after reserving amounts for refunds and
reimbursements, twenty percent of the moneys collected from the taxes
imposed by Sections 183 and 184 of Tax Law shall be deposited to the
credit of the Dedicated Highway and Bridge Trust Fund; fifty-four
percent shall be deposited in the Mass Transportation Operating
Assistance Fund, to the credit of the MMTOA account; and, twenty-six
percent shall be deposited in the Mass Transportation Operating
Assistance Fund, to the credit of the PTOA account.

This bill would not increase the tax rate; it would simply continue
the redistribution of the amount currently deposited in the Mass
Transportation Operating Assistance Fund between the two accounts
within the fund, in accordance with a regional split. Since the taxes
are collected statewide, the distribution is based upon population
within the downstate and upstate service districts.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget because without this tax distribution, the PTOA account would
not receive sufficient revenues for operating aid to upstate transit
systems.

Effective Date:

This bill would take effect April 1, 2013.


Part C - Impose license sanctions for violations of the cell phone
(mobile telephone) and texting (portable electronic device) laws by
commercial motor vehicle operators and conform State law to federal
law regarding cell phone use and texting by such operators

Purpose:

This bill would impose license sanctions for violations of the cell
phone (mobile telephone) and texting (portable electronic device)
laws by commercial motor vehicle operators and conform state law to
federal law regarding cell phone use and texting by such operators.

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

Federal Motor Carrier Safety Administration (FMCSA) rules prohibit
operators of commercial motor vehicles (CMV) from texting and using a
cell phone while driving. Additionally, motor carriers may not allow
or require their drivers to text or use a cell phone while driving.
Violators of these rules are subject to suspension of their
commercial driver's license (CDL).

The FMCSA adopted a final rule effective October 27, 2010, requiring
states to comply with federal rules, no later than October 28, 2013,
related to texting while operating a CMV. The FMCSA also adopted a
final rule, effective January 3, 2012, requiring states to comply
with federal rules, no later than January 3, 2015, related to using a
cell phone while operating a CMV. The FMCSA promulgated these rules
after researching the use of cell phones and texting devices by
drivers on our highways.

In 2011, there were 3,471 convictions for texting violations and
186,844 convictions for cell phone violations in New York State. As
of September 1, 2012, there have been 7,925 convictions for texting
violations and 105,389 convictions for cell phone violations.

This bill would conform New York law to FMCSA rules by amending
various sections of Vehicle and Traffic Law providing:

*for the suspension of a CDL if the operator of a CMV violates a State
or local law regarding cell phone use or texting;
*that no person shall use a cell phone or portable electronic device
while operating a CMV on a public highway if the vehicle is
temporarily stationary because of traffic, a traffic control device,
or other momentary delays; and
*that no motor carrier shall allow or require its drivers to use a
cell phone or portable electronic device while operating a CMV.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget because failure to do so could result in the loss of up to $64
million in federal highway funding and $8 million in FMCSA program
funding.

Effective Date:


This bill would take effect on October 28, 2013 and would apply to
offenses committed on or after such date.

Part D - Permit the Department of Motor Vehicles to serve the public
on Saturdays

Purpose:

This bill would permit the Department of Motor Vehicles (DMV) to serve
the public on Saturdays.

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

This bill would amend Vehicle and Traffic Law § 200(1) to permit the
Commissioner of DMV to designate certain branch offices to be open to
serve the public and transact business on Saturdays.

Saturday office hours are a popular option currently offered by two
offices operated by DMV's county clerk agents. Those hours are very
popular with the residents served by those offices, which offer
additional flexibility and greater customer service than can be
afforded by State-run DMV offices. Notably, Public Officers Law
§ 62(1) permits the public offices of a county to operate on
Saturdays, yet § 62(2) prohibits such operation by the State. DMV
would like to offer Saturday hours in certain offices to improve
customer service levels offered to citizens living in areas not
served by county clerk agents. By offering DMV services on Saturdays,
the DMV will be able to both give customers the flexibility of
obtaining such services during non-working hours and also reduce
waiting times during the week.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget in order to achieve the goals of DMV's customer service
initiative. DMV will combine the use of advanced technology and best
practices in customer service in order to reduce office wait times,
make DMV more customer friendly, increase percentage of transactions
through alternate service channels and provide overall improved
customer experience.

This bill would provide a neutral budget impact by offering employees
the opportunity to work the same number of hours each week, with a
portion of them on Saturday.

Effective Date:

This bill would take effect immediately upon enactment.

Part E - Provide financial assistance for the New York State Thruway
Authority and eliminate the need for a commercial toll hike

Purpose:

This bill would amend existing law to provide for State assumption of
certain Thruway expenses and would exempt the Thruway Authority from


the cost recovery provisions of the Public Authorities Law. These
actions will provide the Thruway Authority with the financial
assistance necessary to eliminate the need for a substantial
commercial toll increase.

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

This bill would ensure that the Thruway Authority's expenses are
reduced by approximately $85 million per year.

The provisions of the bill amend Section 357-a of the Public
Authorities Law to (i) eliminate the existing requirement that the
Thruway Authority reimburse the State for certain costs associated
with State Police personnel provided on the Thruway System and ensure
such policing is maintained at a level of service consistent with
historical precedent, while also continuing to fund certain retained
costs pursuant to a written agreement between the Thruway Authority
and the State Police; (ii) authorize the State to assume $24 million
in other annual Thruway operating costs incurred on its behalf, as
specified in an agreement between the Thruway Authority and the
Director of the Division of the Budget; and (iii) exempt the Thruway
Authority from the cost recovery provisions of Section 2975 of the
Public Authorities Law.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget that includes $85 million in Thruway Authority operating cost
reductions.

Effective Date:

This bill takes effect immediately and shall be deemed to have been in
full force and effect on and after January 1, 2013.

Part F - Enact the Cleaner Greener New York Act of 2013 to increase
revenues deposited to the Environmental Protection Fund by
redirecting unclaimed bottle deposit receipts and by strengthening
enforcement of the Bottle Bill to prevent fraud

Purpose:

This bill would require the payment of $15 million per year to the
Environmental Protection Fund (EPF) from unredeemed "Bottle Bill"
deposit collections currently deposited to the General Fund and
establish a formula for further increasing the revenue the State
receives from unclaimed deposits based on increased enforcement of
the Bottle Bill, and directing those increased funds to the EPF.

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

The EPF was created in 1993 to provide a permanent funding mechanism
for environmental programs, including those associated with open
space and farm land protections, land acquisition, estuary
management, waterfront revitalization, and recycling. Well-over $1


billion has been expended since creation of the fund. The increased
funding sources to the EPF proposed in the bill represent New York's
continuing leadership with respect to open space, farmland and
environmental protection.

This administration has protected the EPF from sweeps and cuts over
the past two fiscal years and has ensured that it is used for the
purposes for which it was created. Before the SFY 2010-11, there were
significant reductions to the EPF, but since that time, it has been
maintained at $134 million per year. This bill would, for the first
time in several years, increase revenue going to the EPF. In
particular, the bill would require the deposit of $15 million per
year from unredeemed deposits associated with the Bottle Bill. The
bill would also require that all unredeemed deposits collected each
fiscal year in excess of the amount collected in SFY 2012-13 be
deposited to the EPF.

Further, the bill would amend the Bottle Bill law to enhance
enforcement provisions. The proposal would prevent: (i) the sale of
containers for which no deposit was initiated in New York; (ii) the
redemption of containers for which no deposit was paid; and (iii) the
repeated redemption of the same containers - all of which constitute
violations of the Bottle Bill. For example, the bill would authorize
the imposition of new criminal sanctions associated with certain
violations of the Bottle Bill. The bill would also authorize
localities to enforce the Bottle Bill with associated civil penalties
payable to such locality. The Department of Environmental
Conservation would be authorized to require redemption centers to
obtain registrations or permits and revoke the same, and to take any
and all measures to reduce fraud associated with the Bottle Bill.

It is expected that these "anti-fraud" measures will increase the
amount of unredeemed Bottle Bill deposits in excess of the 2012-13
base year and, concomitantly, the amount
deposited to EPF in future fiscal years by an additional $4 million in
SFY 2013-14 and $8 million for each fiscal year thereafter.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-2014
Executive Budget, because it would deposit an additional $19 million
in revenues to the EPF for environmental programs in SFY 2013-14 and
$23 million in each fiscal year thereafter.

Effective Date:

This bill would take effect immediately upon enactment.

Part G - Make permanent the waste tire management and recycling fee

Purpose:

This bill would eliminate the December 31, 2013 sunset applicable to
the waste tire management and recycling fee.

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


This bill would ensure that adequate monies continue to be available
to DEC for the regulation of waste tire storage facilities and
abatement of noncompliant waste tire stockpiles. This bill would also
make permanent the current $2.50 fee which is collected on each new
tire sold, the current requirement that the tire service collect the
fee and remit it to the Department of Taxation and Finance (DTF), and
provisions authorizing additional waste tire management and recycling
costs of the tire service. Additionally, it would provide that the
commissioner of DTF may require that the tire service pay the fee
electronically and extends the provision that each tire service make
a return to DTF on a quarterly basis. Furthermore, it would provide
that the manner and form of the quarterly return be prescribed by the
DTF commissioner and would adjust the date that such returns be filed
to the last day of February, May, August and November of each year.

The fund will also be used to administer and enforce other provisions
of Environmental Conservation Law in relation to the collection,
treatment, disposal, and management of solid and hazardous wastes.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-2014
Executive Budget because it would continue revenue that will be used
to offset DEC General Fund costs resulting in approximately $2.8
million of financial plan savings.

Effective Date:

This bill would take effect immediately upon enactment.

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

Purpose:

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

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

Chapter 393 of the Laws of 1994 provides UDC with the general power to
make loans. This authorization has been renewed annually since 1997
and is currently set to expire on July 1, 2013.

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

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget, which assumes that UDC will provide certain economic
development assistance through loans. Absent this legislation, the
UDC could not fund approved loans made through economic programs
lacking specific statutory authorization.


Effective Date:

This bill would take effect immediately upon enactment.

Part I - Extend the authorization for the Dormitory Authority of the
State of New York to enter into certain design and construction
management agreements

Purpose:

This bill would extend for two years the authorization of the
Dormitory Authority of the State of New York (DASNY) to enter into a
design and construction management agreement with the Department of
Environmental Conservation (DEC) and the Office of Parks, Recreation
and Historic Preservation (OPRHP).

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

Last year DASNY was granted the authority to enter into management
agreements with DEC and OPRHP to provide design and construction
services. This bill would extend the authorization for two years,
allowing DASNY to continue current agreements beyond the April 1,
2013 sunset date.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget, portions of which appropriate funding to DEC and Parks for
capital purposes requiring DASNY services.

Effective Date:

This bill would take effect immediately upon enactment.

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

Purpose:

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

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

Currently, UDC's ability to make grants derives primarily from the
program-specific sections of the New York State Urban Development
Corporation Act (UDC Act). These individual program sections
typically include program-specific loan-making and grant-making
authority.

To further support and clarify the statutory activities of UDC, the
corporation was given the legal authority to make loans without
program-specific authorization in 1994. UDC has relied on this
general loan-making power to make loans using available funds that do
not relate to a program contained within the UDC Act. Enactment of


this bill would clarify UDC's ability to make grants as well as loans
with all available funds for initiatives that are in furtherance of
the UDC Act's legislative findings and purpose and is a logical
corollary to UDC's general loan-making power.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget, portions of which appropriate funding for purposes related to
programs authorized outside of the UDC Act.

Effective Date:

This bill would take effect immediately upon enactment.

Part K - Authorize and direct the Comptroller to receive for deposit
to the credit of the General Fund a payment of up to $913,000 from
the New York State Energy Research and Development Authority to
offset debt service related to the Western New York Nuclear Service
Center (West Valley)

Purpose:

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

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

This bill authorizes and directs the Comptroller to receive for
deposit to the credit of the General Fund a payment of up to $913,000
from NYSERDA from unrestricted corporate funds. The $913,000 transfer
would help offset New York State's debt service requirements relating
to the Western New York Nuclear Service Center (West Valley). Chapter
58 of the Laws of 2012 provided a similar one year authorization.

Budget Implications:

The $913,000 transfer authorized by this legislation is necessary to
implement the 2013-2014 Executive Budget and State Financial Plan.

Effective Date:

This bill would take effect immediately upon enactment.

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

Purpose:

This bill authorizes the New York State Energy Research and
Development Authority (NYSERDA) to obtain revenue for certain


programs from a special assessment on gas corporations and electric
corporations.

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

The bill authorizes NYSERDA to finance its research, development and
demonstration, and policy and planning programs, and to finance the
Department of Environmental Conservation's climate change program,
from a special assessment on gas corporations and electric
corporations. This special assessment is in addition to Section 18-a
of the Public Service Law which authorizes the Department of Public
Service to assess gas corporations and electric corporations for
expenses related to administering Public Service Law programs. This
bill which has been proposed annually as an Article VII provision,
and a similar bill was last enacted as Part P of Chapter 58 of the
Laws of 2012. Without this authorization, NYSERDA and DEC could not
continue to implement necessary programs in the 2013-14 State Fiscal
Year.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-2014
Executive Budget because it authorizes the collection of assessments
to fund NYSERDA's research, development and demonstration, and policy
and planning programs and, as set forth in the appropriation, DEC's
climate change program. This special assessment supports a $16.2
million appropriation included in NYSERDA's budget for these programs.

Effective Date:

This bill would take effect immediately upon enactment.

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

Purpose:

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

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

The bill authorizes certain expenditures of DOH as eligible expenses
of the Department of Public Service (DPS). Section 217 of the Public
Service Law authorizes the Department of Public Service (DPS) to
assess cable television companies for DPS costs associated with the
regulation of cable television companies. This annual Article VII
bill also makes DOH public service education expenses, charged to the
special revenue cable television account, eligible for this funding.
Chapter 58 of the Laws of 2012 provided similar authorization.

Budget Implications:


Enactment of this bill is necessary to implement the 2013-2014
Executive Budget because it ensures the recovery of public service
education expenses incurred by DOH, as provided for in the Financial
Plan. A $454,000 appropriation is included in DOH's budget for these
activities.

Effective Date:

This bill would take effect immediately upon enactment.

Part N - Extend the Temporary State Energy and Utility Service
Conservation Assessment, to provide continued revenues in support of
necessary expenses of the State, including the purchase of utility
services

Purpose:

This bill would extend the "Temporary State Energy and Utility Service
Conservation Assessment" ("Temporary Utility Assessment") on utility
entities, capped at two percent of a utility entity's gross
intrastate utility revenues less the amount such entity is assessed
for the costs of the Public Service Commission and Department of
Public Service.

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

This bill would expend the Temporary Utility Assessment for 5 years,
until March 31, 2019. Originally enacted in 2009, the assessment
provides over $500 million annually to the General Fund and is an
important component in funding a portion of the State's over $900
million in annual energy costs. The Temporary Utility Assessment is
levied on electric, gas, steam and water utilities.

The Temporary Utility Assessment supports necessary expenses of the
State, including the purchase of utility services. Extending the
assessment prevents the need to reduce these or other essential
expenses financed by the General Fund.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget because it authorizes the collection of assessment revenues
for deposit to the General Fund, as contemplated in the Financial
Plan. The bill will generate $254 million in revenues in 2013-14 and
$509 million annually thereafter.

Effective Date:

This bill would take effect immediately upon enactment.

Part 0 - Implement recommendations made by the Moreland Commission on
Utility Storm Preparation and Response, related to strengthening the
oversight and enforcement mechanisms of the Public Service Commission
to ensure that public utility companies are held accountable and
responsive to regulators and customers.


Purpose:
This bill would expand the authority of the Public Service Commission
(PSC) to, among other things, (i) initiate administrative proceedings
to recover civil penalties against each public utility company and
obtain increased penalties to ensure adequate deterrence, (ii) review
the performance of each company to provide safe and adequate service
and order appropriate relief in the context of such review, (iii)
formerly review each company's emergency response plan and initiate
proceedings regarding compliance with such plan, and (iv) require
each company to file a report in connection with a management and
operations audit detailing how it intends to implement such audit and
to make such plan enforceable upon the PSC's approval.

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

On November 13, 2012, Governor Cuomo established a Moreland Commission
pursuant to Executive Law § 6 to study, examine, investigate, and
review the response, preparation, and management of New York's power
utility companies with respect to several major storms that have
impacted the State. Due to the urgent need to address, in part, the
shortcomings in the PSC's authority over electric utility companies,
the Moreland Commission determined it would be appropriate to issue
an Interim Report and make preliminary recommendations for
consideration regarding new oversight and enforcement mechanisms to
permit the PSC to make such companies more accountable and responsive
to regulators and customers. This bill would implement the
Moreland Commission's recommendations and otherwise provide the PSC
with expanded authority to protect the public health and safety of
all New Yorkers.

Key provisions include:

A new Public Service Law (PSL) § 24 would be added to authorize the
PSC to initiate an administrative proceeding to recover penalties
against a public utility company, without having to prove a "knowing"
violation as required under existing law. The maximum civil penalty
amount would be increased in a manner that takes into consideration a
utility's gross operating revenue. The new provision would also
require the recovery of any penalties to be remitted to, or for the
benefit of, ratepayers and prohibit a utility from recovering the
payment associated with such penalty from ratepayers.

The PSC's role with respect to examining a utility's emergency
management plan would be substantially strengthened. Each electric
utility would be required by December 15 of each year to provide its
emergency management plan to the PSC for review and approval, and the

PSC would be authorized to initiate investigations associated with
the sufficiency of such plan and/or the performance of a utility in
restoring service or otherwise meeting the requirements of its
emergency response plan during an emergency event. In the context of
such investigation, the PSC would be authorized to issue an order
requiring implementation of specific measures and assessing a civil
penalty under the new PSL § 24.


To ensure compliance with audit recommendations, each electric or gas
utility subject to a management and operations audit would be
required to file a report with the PSC detailing its plan to
implement such recommendations and the plan itself would become
enforceable upon approval by the PSC. The PSC would also be required
to, in conjunction with each management and operations audit (i.e.,
at least once every five years), review the capability of each
electric or gas utility to provide safe and adequate service. Such
review would also examine the capability of a utility to meet the
standards specified in its emergency management plan. The PSC would
be provided with new authority, in the context of such review, to
direct a utility to comply with more stringent terms of service or
cause it to divest some or all of its state-based utility assets,
based upon standards and procedures to ensure continuity of safe and
adequate service, due process, and fair and just compensation.

In accordance with similar provision in several other states, PSL § 68
would be amended to authorize the PSC to modify or revoke a
certificate of public convenience and necessity previously issued to
any gas or electric utility, based on consideration of several
factors, including whether such modification or revocation could be
undertaken in such manner to ensure the continuity of safe and
adequate service, due process and fair and just compensation.

The Chief Executive Officer of each utility would be required to
certify that such utility is in compliance with all applicable laws
and procedures, including the obligation to provide safe and adequate
service.

Finally, the General Business Law would be amended to increase the
civil penalties for violations of the one-call procedures intended to
protect underground facilities - such as gas pipelines - from
excavation activities.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-2014
Executive Budget because it would strengthen PSC oversight of
utilities. In order to implement the requirements of this bill, the
Executive Budget includes funding to support a staffing level of 524
for the PSC, as recommended by the Moreland Commission. Additionally,
the increased civil penalties for violations of the one-call
procedures will result in additional revenues deposited to the
Underground Facilities Safety Training Account of approximately
$190,000 annually.

Effective Date:

This bill would take effect immediately upon enactment.

Part P - Extend for one year the authority of the Secretary of State
to charge increased fees for expedited handling of documents

Purpose:

This bill would extend for one year the Secretary of State's authority
to charge increased fees for the expedited handling of documents


issued by or requested from the Department's Division of
Corporations. The increased fees for expedited handling are necessary
to reimburse the Department of State for increased administrative
costs associated with expedited handling.

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

The Executive Law currently authorizing the Secretary of State to
charge increased fees for expedited handling expires on March 31,
2013. This statute has been extended annually to coincide with the
enactment of the Budget since 2003.

Budget Implications:

Enactment of this bill is necessary to implement the 2013-14 Executive
Budget. The 2013-14 Executive Budget assumes that expedited handling
fees will be continued since the costs associated with expedited
handling are greater than those associated
with traditional requests. Failure to enact this legislation will
result in annual revenue losses of approximately $4.5 million,
forcing the Department to bear the additional costs related to
expedited services without supporting revenues.

Effective Date:

This bill would take effect immediately upon enactment.

Part Q - Facilitate an online corporate filing system and reduce costs
and regulatory burdens on the State's businesses

Purpose:

This bill supports reform of the State's filing process for
corporations and other business entities. It would alleviate
burdensome processing requirements on businesses and not-for-profit
corporations, and local governments, facilitate the development of a
streamlined online corporate filing system and reduce costs to the
State by eliminating duplicative and unnecessary administrative
practices.

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

New York law governing corporations and other business entities
includes certain duplicative and antiquated provisions, which
unnecessarily hinder the formation of corporations and other business
entities, increase the cost of doing business in New York State and
produce inefficiencies within State government. This bill would amend
New York law to reduce the cost of forming corporations and other
business entities and ease regulatory burdens while at the same time
facilitating the development of a streamlined, efficient online
corporation filing system.

This bill would, among other things, do the following:

*The bill would eliminate the Not-For-Profit Corporation Law's (NCPL)


"type" classification system. This revision of the law would, to a
great extent,-standardize the application of the provisions of the
NCPL. In light of the range of purposes pursued by not-for-profits,
certain variations would be preserved in the law.

*In order to implement its online filing system, the bill would
authorize the State to allow certain corporations seeking to
incorporate to self-certify that they have received the necessary
consent or approval to pursue their proposed activities from any
State agency or other entity from which such consent or approval must
be obtained. The bill would penalize false certification by
suspending the authority to conduct business in New York of a
business that falsely certifies that it has consent from a State
agency. Currently, filers must attach the original
consent or approval to their paper incorporation materials. Submitting
such documents online limit the benefits of speed and efficiency that
can be gained from an electronic filing system. New York is one of
very few states that require such consents for incorporation.

*This bill would allow shareholders of business corporations and
members of not-for-profit corporations to participate in shareholder
meetings or meetings of members, respectively, by conference call or
similar means, unless the organization's by-laws provide otherwise.
It would also permit members of limited liability companies (LLCs) to
vote by electronic means, unless otherwise provided by the LLC's
operating agreement and allow partnership agreements of limited
partnerships to permit voting by electronic means.

*Under the provisions of this bill, partnerships, LLCs, and
corporations would be authorized to incorporate business corporations
and non-profit corporations. Similarly, corporations, partnerships
and LLCs would be permitted to act as organizers of an LLC.
Currently, only natural persons at least 18 years old may act as
incorporators and organizers. It's notable, however, that such
incorporators do not necessarily, or even typically, remain
associated with the newly formed entity. In fact, more than half of
incorporations in New York are filed by a service company using a
service company employee as the incorporator. Once an organizational
meeting takes place, the incorporator has no further duty to the
corporation (in cases where an organizational meeting does not take
place, certain responsibilities of the incorporator survive-these
duties should fall upon the actual filer, rather than someone who is
not associated with the corporation).

*Upon filing a Certificate of Incorporation, a business corporation
currently must pay a fee of $125 as well as a tax on shares. This tax
is one-twentieth of one per centum upon the amount of the par value
of all the shares with a par value and a tax of five cents on each
share without a par value. The minimum tax to be collected is $10.
Many corporations set an extremely low par value in order to pay the
minimum tax. The bill would provide a uniform $10 tax regardless of
the number of shares or par value.

Budget Implications:

It is anticipated that due to eased requirements and elimination of
barriers to business formation, the bill will lead to increased


revenue from new businesses being formed in the State. It is also
expected that, this increase will offset, in part, the elimination of
filing fees and the reduction in the amount of organizational tax
collected.

Effective Date:

Sub-part A of this bill would take effect 60 days following enactment.
Sub-parts B through F would take effect immediately, except that
Section 23 of sub-part B would take effect 60 days after enactment.

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

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

    S. 2608                                                  A. 3008

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

                            January 22, 2013
                               ___________

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

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

AN  ACT to authorize funding for the Consolidated Local Street and High-
  way Improvement Program (CHIPS)  and  Marchiselli  program  for  state
  fiscal  year  2013-2014 (Part A); to amend the tax law, in relation to
  the statewide transmission tax (Part B);  to  amend  the  vehicle  and
  traffic  law,  in relation to imposing drivers license sanctions (Part
  C); to amend the vehicle and traffic law, in relation to the hours  of
  operation  of  the department of motor vehicles (Part D); to amend the
  public authorities law, in relation to enforcement assistance; and  to
  repeal  section  357-a of such law relating to payment by the New York
  state thruway authority for services provided by the division of state
  police (Part E); to amend the environmental conservation law  and  the
  state  finance  law, in relation to establishing the "Cleaner, Greener
  NY Act of 2013"; and repealing section 27-1017  of  the  environmental
  conservation law relating thereto (Part F); to amend the environmental
  conservation  law,  in relation to waste tire management and recycling
  fees (Part G); to amend chapter 393 of the laws of 1994, amending  the
  New  York  state  urban  development  corporation act, relating to the
  powers of the New York state urban  development  corporation  to  make
  loans,  in  relation  to  the effectiveness thereof (Part H); to amend
  chapter 58 of the laws of 2012 amending  the  public  authorities  law
  relating  to authorizing the dormitory authority to enter into certain
  design and construction management agreements, in relation to  extend-
  ing  certain  authority of the dormitory authority of the state of New
  York (Part I); to amend the New York state  urban  development  corpo-
  ration  act,  in  relation  to  the powers of the New York state urban
  development corporation to make grants  (Part  J);  to  authorize  and
  direct the New York state energy research and development authority to
  make  a  payment  to  the  general fund of up to $913,000 (Part K); to
  authorize the New York state energy research and development authority
  to finance a portion of its research,  development  and  demonstration

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12573-01-3

S. 2608                             2                            A. 3008

  and  policy and planning programs from assessments on gas and electric
  corporations (Part L);  to  authorize  the  department  of  health  to
  finance  certain activities with revenues generated from an assessment
  on  cable  television  companies (Part M); to amend the public service
  law, in relation to extending the temporary state energy  and  utility
  conservation  assessment; and to amend section 6 of part NN of chapter
  59 of the laws of 2009 amending the public  service  law  relating  to
  financing  the  operations  of  the  department of public service, the
  public service commission, department support  and  energy  management
  services  provided  by  other  state  agencies, increasing the utility
  assessment cap and the minimum threshold  for  collection  thereunder,
  and  establishing a temporary state energy and utility service conser-
  vation  assessment  and  providing  for  the  collection  thereof,  in
  relation to extending the effectiveness thereof (Part N); to amend the
  public  service  law,  in  relation to strengthening the oversight and
  enforcement mechanisms of the Public Service Commission; to amend  the
  general  business  law,  in  relation  to  expanding the definition of
  underground facilities and increasing fines for violations relating to
  the protection  of  underground  facilities;  and  to  repeal  certain
  provisions  of  the  public  service law relating thereto (Part O); to
  amend chapter 21 of the laws  of  2003,  amending  the  executive  law
  relating  to  permitting  the  secretary  of  state to provide special
  handling for all documents filed or issued by the division  of  corpo-
  rations  and to permit additional levels of such expedited service, in
  relation to extending the expiration date thereof  (Part  P);  and  to
  amend  the  banking law, the cooperative corporations law, the general
  business law, and the not-for-profit corporation law, in  relation  to
  facilitating  an  online  corporate filing system by removing the type
  classification  system  for  not-for-profit  corporations;  to  repeal
  certain provisions of the not-for-profit corporation law and the reli-
  gious  corporations  law,  relating  thereto (Subpart A); to amend the
  business corporation law, the education law, the general business law,
  the limited liability company law, the not-for-profit corporation law,
  the partnership law, the  private  housing  finance  law,  the  public
  health  law  and  the  transportation corporations law, in relation to
  facilitating online filing by authorizing self-certification by filers
  with regard to required consents; to repeal certain provisions of  the
  business  corporation  law  and  the  not-for-profit  corporation law,
  relating thereto (Subpart B); to amend the business  corporation  law,
  the  limited liability company law, the not-for-profit corporation law
  and the partnership law, in relation to authorizing electronic attend-
  ance at meetings (Subpart C); to amend the business  corporation  law,
  the  limited  liability company law and the not-for-profit corporation
  law, in relation to who may act as an  incorporator  (Subpart  D);  to
  amend  the  general  associations  law, in relation to serving process
  upon the secretary of state as agent (Subpart E);  to  amend  the  tax
  law, in relation to reducing the taxes on shares (Subpart F) (Part Q)

  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 2013-2014
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through Q. The effective date for each  particular

S. 2608                             3                            A. 3008

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

                                 PART A

  Section 1. The sum of four hundred two million seven  hundred  ninety-
seven  thousand  dollars  ($402,797,000), or so much thereof as shall be
necessary, and in addition to amounts previously appropriated by law, is
hereby made available, in accordance with subdivision 1 of  section  380
of  the  public  authorities  law as amended, according to the following
schedule. Payments pursuant to subdivision (a) of this section shall  be
made  available  as  moneys become available for such payments. Payments
pursuant to subdivisions (b) and (c)  of  this  section  shall  be  made
available on the fifteenth day of June, September, December and March or
as  soon  thereafter  as  moneys  become available for such payments. No
moneys of the state in the state treasury or any of its funds  shall  be
available for payments pursuant to this section:
                                SCHEDULE
  (a)  Thirty-nine  million seven hundred thousand dollars ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the laws of 1991, as added by section 9 of chapter 330 of  the  laws  of
1991,  as  amended.  The department of transportation shall provide such
information to the municipalities as may be necessary  to  maintain  the
federal  tax  exempt  status  of  any bonds, notes, or other obligations
issued by such municipalities to provide for the  non-federal  share  of
the  cost  of  projects  pursuant  to chapter 330 of the laws of 1991 or
section 80-b of the highway law.
  The program authorized pursuant to section 15 of chapter  329  of  the
laws  of 1991, as added by section 9 of chapter 330 of the laws of 1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year     Amount
                    2013-14               $39,700,000
  (b)  Three  hundred  four  million  three  hundred  thousand   dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of  eligible  costs  of  local  highway  and bridge projects pursuant to
sections 16 and 16-a of chapter 329 of the laws of  1991,  as  added  by
section  9  of  chapter  330  of  the  laws of 1991, as amended. For the
purposes of computing allocations to municipalities, the amount distrib-
uted pursuant to section 16 of chapter 329 of the laws of 1991 shall  be
deemed  to  be  $121,520,000. The amount distributed pursuant to section
16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be
$182,780,000.  Notwithstanding  the provisions of any general or special
law, the amounts deemed distributed in accordance  with  section  16  of
chapter  329  of the laws of 1991 shall be adjusted so that such amounts
will not be less than 83.807 percent of the "funding level"  as  defined
in  subdivision 5 of section 10-c of the highway law for each such muni-
cipality. In order to achieve the objectives of section  16  of  chapter
329  of the laws of 1991, to the extent necessary, the amounts in excess
of 83.807 percent of the funding level to be deemed distributed to  each

S. 2608                             4                            A. 3008

municipality  under  this  subdivision shall be reduced in equal propor-
tion.
  (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible  costs  of
local  highway  and  bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing  allocations
to  municipalities,  the  amount  distributed  pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be  $23,480,000.  The
amount  distributed  pursuant to section 16-a of chapter 329 of the laws
of  1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding   the
provisions of any general or special law, the amounts deemed distributed
in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 16.193 percent of
the "funding level" as defined in subdivision 5 of section 10-c  of  the
highway  law  for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
necessary,  the amounts in excess of 16.193 percent of the funding level
to be deemed distributed to each  municipality  under  this  subdivision
shall  be  reduced  in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000,
the payment amounts to each locality shall  be  adjusted  by  a  uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991,  as  amended,  shall  additionally make payments for reimbursement
according to the following schedule:
                    State Fiscal Year     Amount
                    2013-14               $363,097,000
  S 2. This act shall take effect immediately.

                                 PART B

  Section 1. Subdivision 3 of section 205 of the tax law,  as  added  by
section  8  of  part U1 of chapter 62 of the laws of 2003, is amended to
read as follows:
  3. [From the] THE moneys collected from the taxes imposed by  sections
one  hundred eighty-three and one hundred eighty-four of this article on
and after April first, two thousand  [four]  THIRTEEN,  after  reserving
amounts  for refunds or reimbursements, SHALL BE DISTRIBUTED AS FOLLOWS:
twenty percent of such moneys shall be deposited to the  credit  of  the
dedicated  highway  and bridge trust fund established by section eighty-
nine-b of the state finance law[. The remainder], FIFTY-FOUR PERCENT  OF
SUCH  MONEYS  shall  be  deposited  in the mass transportation operating
assistance fund to the credit of the  metropolitan  mass  transportation
operating  assistance account created pursuant to section eighty-eight-a
of the state finance law AND TWENTY-SIX PERCENT OF SUCH MONEYS SHALL  BE
DEPOSITED  IN  THE  MASS TRANSPORTATION OPERATING ASSISTANCE FUND TO THE
CREDIT OF THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT
CREATED PURSUANT TO SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner  as  the expiration and repeal of subdivision 3 of section 205 of
the tax law per section 2 of part P of chapter 59 of the laws  of  2012,
as  amended;  provided, however, that the amendments to subdivision 3 of
section 205 of the tax law made by section one of  this  act  shall  not

S. 2608                             5                            A. 3008

affect the repeal of such subdivision and shall be deemed repealed ther-
ewith.

                                 PART C

  Section  1.  Paragraph  (a)  of  subdivision 4 of section 510-a of the
vehicle and traffic law, as amended by section 14 of part E  of  chapter
60 of the laws of 2005, is amended to read as follows:
  (a)  A  serious  traffic  violation  shall mean operating a commercial
motor vehicle IN  VIOLATION  OF  A  STATE  OR  LOCAL  LAW  OR  ORDINANCE
RESTRICTING  OR PROHIBITING THE USE OF A HAND-HELD MOBILE TELEPHONE OR A
PORTABLE  ELECTRONIC  DEVICE  WHILE  DRIVING  OR  in  violation  of  any
provision  of  this chapter or the laws of any other state, the District
of Columbia or any Canadian province which (i) limits the speed of motor
vehicles, provided the violation involved fifteen or more miles per hour
over the established speed limit; (ii) is defined as reckless driving by
state or local law or regulation; (iii) prohibits  improper  or  erratic
lane  change; (iv) prohibits following too closely; (v) relates to motor
vehicle traffic (other than parking, standing  or  stopping)  and  which
arises  in connection with a fatal accident; (vi) operating a commercial
motor vehicle without first obtaining a commercial driver's  license  as
required  by  section  five hundred one of this title; (vii) operating a
commercial motor vehicle without a commercial driver's  license  in  the
driver's  possession;  or  (viii)  operating  a commercial motor vehicle
without the proper class of commercial driver's license and/or  endorse-
ment  for  the  specific vehicle being operated or for the passengers or
type of cargo being transported.
  S 2. Paragraphs (c) and (e) of subdivision 1 of section 1225-c of  the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended to read as follows:
  (c)  "Using" shall mean holding a mobile telephone to, or in the imme-
diate proximity of, the user's ear, DIALING OR ANSWERING A MOBILE  TELE-
PHONE  BY  PRESSING  MORE THAN A SINGLE BUTTON, OR REACHING FOR A MOBILE
TELEPHONE IN A MANNER THAT REQUIRES A DRIVER TO MANEUVER  SO  THAT  SUCH
DRIVER IS NO LONGER IN A SEATED POSITION, RESTRAINED BY A SEAT BELT THAT
IS INSTALLED IN ACCORDANCE WITH 49 CFR 393.93 AND ADJUSTED IN ACCORDANCE
WITH THE VEHICLE MANUFACTURER'S INSTRUCTIONS.
  (e)  "Hands-free  mobile telephone" shall mean a mobile telephone that
has an internal feature or function, or that is equipped with an attach-
ment or addition, whether or not permanently part of such  mobile  tele-
phone, by which a user engages in a call without the use of either hand,
whether  or not the use of either hand is necessary to activate, deacti-
vate or initiate a function of such telephone, PROVIDED, HOWEVER, THAT A
TELEPHONE THAT REQUIRES DIALING OR ANSWERING SUCH TELEPHONE BY  PRESSING
MORE THAN A SINGLE BUTTON SHALL NOT CONSTITUTE A HANDS-FREE MOBILE TELE-
PHONE.
  S  3. Paragraphs (a) and (b) of subdivision 2 of section 1225-c of the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended and a new paragraph (d) is added to read as follows:
  (a) Except as otherwise provided in  this  section,  no  person  shall
operate a motor vehicle upon a public highway while using a mobile tele-
phone  to  engage  in  a call while such vehicle is in motion, PROVIDED,
HOWEVER, NO PERSON SHALL OPERATE A COMMERCIAL MOTOR VEHICLE, AS  DEFINED
IN  SUBDIVISION  FOUR-A  OF SECTION TWO OF THE TRANSPORTATION LAW, WHILE
USING A MOBILE TELEPHONE ON A PUBLIC HIGHWAY, INCLUDING WHILE  TEMPORAR-
ILY  STATIONARY  BECAUSE  OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER

S. 2608                             6                            A. 3008

MOMENTARY DELAYS. THE OPERATOR OF A COMMERCIAL MOTOR VEHICLE MAY  USE  A
MOBILE  TELEPHONE  WHEN  SUCH OPERATOR HAS MOVED THE VEHICLE TO THE SIDE
OF, OR OFF, A HIGHWAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN
REMAIN  STATIONARY UNLESS STOPPING IS PROHIBITED BY LAW, RULES AND REGU-
LATIONS OR BY A DIRECTIVE OF LAW ENFORCEMENT.
  (b) An operator of [a] ANY motor vehicle who holds a mobile  telephone
to,  or  in the immediate proximity of his or her ear while such vehicle
is in motion is presumed to be engaging in a call within the meaning  of
this  section, PROVIDED, HOWEVER, THAT AN OPERATOR OF A COMMERCIAL MOTOR
VEHICLE WHO HOLDS A MOBILE TELEPHONE TO, OR IN THE  IMMEDIATE  PROXIMITY
OF  HIS  OR HER EAR WHILE SUCH VEHICLE IS TEMPORARILY STATIONARY BECAUSE
OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS IS  ALSO
PRESUMED  TO  BE  ENGAGING IN A CALL WITHIN THE MEANING OF THIS SECTION.
The  presumption  established  by  this  subdivision  is  rebuttable  by
evidence tending to show that the operator was not engaged in a call.
  (D)  NO  MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A HAND-HELD MOBILE TELEPHONE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S 4. Subdivision 1 of section 1225-d of the vehicle and  traffic  law,
as  added  by  chapter  403  of  the laws of 2009, is amended to read as
follows:
  1. Except as otherwise provided in this section, no person shall oper-
ate a motor vehicle while using any  portable  electronic  device  while
such  vehicle is in motion, PROVIDED, HOWEVER, NO PERSON SHALL OPERATE A
COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION  FOUR-A  OF  SECTION
TWO  OF THE TRANSPORTATION LAW, WHILE USING A PORTABLE ELECTRONIC DEVICE
ON A PUBLIC HIGHWAY, INCLUDING WHILE TEMPORARILY STATIONARY  BECAUSE  OF
TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS. THE OPERA-
TOR  OF  A COMMERCIAL MOTOR VEHICLE MAY USE A PORTABLE ELECTRONIC DEVICE
WHEN SUCH OPERATOR HAS MOVED THE VEHICLE TO THE SIDE OF, OR OFF, A HIGH-
WAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN REMAIN STATIONARY
UNLESS STOPPING IS PROHIBITED BY LAW, RULES, AND  REGULATIONS  OR  BY  A
DIRECTIVE OF LAW ENFORCEMENT.
  S  5.  Section  1225-d  of  the  vehicle and traffic law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. NO MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF  SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A PORTABLE ELECTRONIC DEVICE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S  6. Paragraphs (a) and (b) of subdivision 2 of section 1225-d of the
vehicle and traffic law, as added by chapter 403 of the  laws  of  2009,
are amended to read as follows:
  (a) "Portable electronic device" shall mean any hand-held mobile tele-
phone,  as  defined by subdivision one of section twelve hundred twenty-
five-c of this  article,  personal  digital  assistant  (PDA),  handheld
device  with  mobile  data  access,  laptop  computer,  pager, broadband
personal communication  device,  two-way  messaging  device,  electronic
game,  or  portable  computing device OR ANY OTHER DEVICE USED TO INPUT,
WRITE, SEND, RECEIVE OR READ TEXT.
  (b) "Using" shall mean holding  a  portable  electronic  device  while
viewing,  taking or transmitting images, INSTANT MESSAGING, PERFORMING A
COMMAND OR REQUEST TO ACCESS A WORLD WIDE WEB PAGE,  playing  games,  or
composing, sending, reading, viewing, accessing, browsing, transmitting,
saving or retrieving e-mail, text messages, or other electronic data.
  S  7.  This  act shall take effect October 28, 2013 and shall apply to
violations committed on or after such date.

S. 2608                             7                            A. 3008

                                 PART D

  Section  1.  Subdivision  1  of section 200 of the vehicle and traffic
law, as amended by chapter 60 of the laws of 1993, is amended to read as
follows:
  1. There shall be in the state government a department of motor  vehi-
cles.    The  head  of the department shall be the commissioner of motor
vehicles who shall be appointed by the governor, by and with the  advice
and  consent of the senate, and hold office until the end of the term of
the appointing governor and until a successor is appointed and has qual-
ified, and who shall receive an annual salary within the  amount  appro-
priated  therefor.  The  commissioner  of  motor vehicles shall have the
immediate charge of the department. The commissioner of  motor  vehicles
may  appoint, and at pleasure remove, such deputy commissioners of motor
vehicles, inspectors, examiners and other assistants  and  employees  of
the  department  as  are  deemed necessary, within the amounts available
therefor by appropriation. The commissioner of motor  vehicles  and  all
other officers and employees of the department shall be paid and allowed
their necessary, actual and reasonable expenses incurred in the exercise
of  their  duties.  All salaries and expenses of the department shall be
paid out of the state treasury on the audit and  warrant  of  the  comp-
troller  on  the  certificate of the commissioner of motor vehicles. The
principal office of the department shall  be  in  the  city  of  Albany.
NOTWITHSTANDING  THE PROVISIONS OF SECTION SIXTY-TWO OF THE PUBLIC OFFI-
CERS LAW, THE COMMISSIONER  OF  MOTOR  VEHICLES  MAY  DESIGNATE  CERTAIN
BRANCH  OFFICES  OF  THE  DEPARTMENT  TO BE OPEN TO SERVE THE PUBLIC AND
TRANSACT BUSINESS ON SATURDAYS.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Section 357-a of public authorities law is REPEALED  and  a
new section 357-a is added to read as follows:
  S  357-A. STATE POLICE AND STATE PAYMENT FOR SERVICES.  1. ENFORCEMENT
ASSISTANCE SHALL BE PROVIDED BY THE DIVISION OF STATE POLICE AT A  LEVEL
CONSISTENT WITH HISTORICAL PRECEDENTS, AS A MATTER OF STATE INTEREST, ON
ALL  SECTIONS  OF  THE  THRUWAY.  THE  AUTHORITY SHALL PROVIDE GOODS AND
SERVICES TO THE DIVISION OF STATE POLICE IN CONNECTION WITH ITS ENFORCE-
MENT ACTIVITY ON THE THRUWAY. THE  DIVISION  OF  STATE  POLICE  AND  THE
AUTHORITY  SHALL  ENTER  INTO  AN  AGREEMENT IDENTIFYING THOSE GOODS AND
SERVICES THAT THE AUTHORITY WILL PROVIDE TO THE DIVISION OF STATE POLICE
AND DETERMINE REPORTING AND  OTHER  REQUIREMENTS  RELATED  THERETO.  ANY
COSTS  BORNE  BY THE STATE POLICE OUTSIDE OF SUCH AGREEMENT SHALL NOT BE
REIMBURSED BY THE AUTHORITY NOR  SHALL  THEY  BE  DEEMED  COSTS  OF  THE
AUTHORITY.
  2.  THE  STATE  SHALL BE RESPONSIBLE FOR ADDITIONAL GOODS AND SERVICES
PROVIDED BY THE AUTHORITY EQUAL TO TWENTY-FOUR MILLION DOLLARS  IN  EACH
CALENDAR  YEAR.  SUCH  GOODS AND SERVICES SHALL BE DEEMED TO BE COSTS TO
THE STATE AND NOT OPERATING COSTS OF THE AUTHORITY.  THE  AUTHORITY  AND
THE DIRECTOR OF THE DIVISION OF THE BUDGET SHALL ENTER INTO AN AGREEMENT
IDENTIFYING  ANY  SUCH  STATE  COSTS  AND  DETERMINE REPORTING AND OTHER
REQUIREMENTS RELATED THERETO.
  3. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE  AUTHORITY  SHALL  NOT
CONSTITUTE  A  PUBLIC  BENEFIT CORPORATION WITHIN THE MEANING OF SECTION
TWENTY-NINE HUNDRED SEVENTY-FIVE  OF  THIS  CHAPTER  AND  SHALL  NOT  BE
ASSESSED AN ANNUAL COST RECOVERY CHARGE UNDER SAID SECTION.

S. 2608                             8                            A. 3008

  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2013.

                                 PART F

  Section  1.  This act shall be known and may be cited as the "Cleaner,
Greener NY act of 2013."
  S 2. Subdivision 2-a of section 27-1003 of the environmental conserva-
tion law, as added by section 3 of part SS of chapter 59 of the laws  of
2009, is amended to read as follows:
  2-a. "Bottler" means a person, firm or corporation who:
  a.  bottles, cans or otherwise packages beverages in beverage contain-
ers except that if such packaging  is  for  [a  distributor]  ANY  OTHER
PERSON, FIRM OR CORPORATION having the right to bottle, can or otherwise
package  the  same  brand  of  beverage,  then  such [distributor] OTHER
PERSON, FIRM OR CORPORATION shall be the bottler; or
  b. imports filled beverage containers into the United States.
  S 3. Subdivisions 2, 3, 4, 5, 7, 8 and 11 of section  27-1007  of  the
environmental  conservation  law,  as  added  by section 4 of part SS of
chapter 59 of the laws of 2009, are amended to read as follows:
  2. A dealer shall post a conspicuous sign, at the point of sale,  that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

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

YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
ACT:
  THE RIGHT to return your empties for refund to any  dealer  who  sells
the  same brand, type and size, whether you bought the beverage from the
dealer or not. It is illegal to return containers for refund  [that  you
did not pay] ON WHICH a deposit WAS NEVER PAID in New York state.
  THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
purchase.
  THE RIGHT to return your empties any day, any  hour,  except  for  the
first  and  last hour of the dealer's business day (empty containers may
be redeemed at any time in 24-hour stores).
  THE RIGHT to return your containers  if  they  are  REASONABLY  CLEAN,
empty  and  intact.   [Washing containers is not required by law, but is
strongly recommended to maintain sanitary conditions.]
  The New York state returnable container act can be enforced by the New
York state department of environmental conservation, the New York  state
department  of agriculture and markets, the New York state department of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such sign must be no less than eight inches by ten inches in size  and
have  lettering a minimum of one quarter inch high, and of a color which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
violations of this title. The telephone number shall be  listed  on  any
sign required by this section.
  3. [On or after June first, two thousand nine, a] A dealer WHOSE PLACE
OF  BUSINESS IS LESS THAN TEN THOUSAND SQUARE FEET IN SIZE may limit the
number of empty beverage containers to be accepted for redemption at the

S. 2608                             9                            A. 3008

dealer's place of business to no less than  seventy-two  containers  per
visit, per redeemer, per day, provided that:
  (a) The dealer has a written agreement with a redemption center, be it
either  at  a  fixed physical location within the same county and within
ONE AND one-half mile of the dealer's place of  business,  or  a  mobile
redemption  center,  operated  by  a  redemption center, that is located
within [one-quarter] ONE mile of the dealer's  place  of  business.  The
redemption  center  must  have  a  written  agreement with the dealer to
accept containers on behalf of the dealer; and the  redemption  center's
hours of operation must cover at least 9:00 a.m. through 7:00 p.m. daily
or  in  the  case  of a mobile redemption center, the hours of operation
must cover at least four consecutive hours between 8:00  a.m.  and  8:00
p.m.  daily. The dealer must post a conspicuous, permanent sign, meeting
the  size  and color specifications set forth in subdivision two of this
section, open to public view, identifying  the  location  and  hours  of
operation  of  the  affiliated  redemption  center  or mobile redemption
center; [and] OR
  (b) The dealer provides, at a minimum, a consecutive two  hour  period
between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
to two hundred forty containers, per redeemer,  per  day,  and  posts  a
conspicuous,  permanent  sign, meeting the size and color specifications
set forth in subdivision two of this section, open to public view, iden-
tifying those hours. The dealer may not change the hours  of  redemption
without first posting a thirty day notice[; and
  (c) The dealer's primary business is the sale of food or beverages for
consumption  off-premises,  and  the  dealer's place of business is less
than ten thousand square feet in size].
  4. A deposit initiator shall accept from a dealer  or  operator  of  a
redemption  center  any  empty  beverage container of the design, shape,
size, color, composition and brand sold  or  offered  for  sale  by  the
deposit  initiator,  PROVIDED  SUCH  CONTAINERS  ARE  PROPERLY SORTED AS
DETERMINED IN RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER  and
shall pay the dealer or operator of a redemption center the refund value
of  each  such  beverage  container as established by section 27-1005 of
this title. A deposit initiator shall accept and redeem all  such  empty
beverage  containers  from a dealer or redemption center without limita-
tion on quantity.
  5. A deposit initiator's or distributor's failure  to  pick  up  empty
beverage  containers[, including containers processed in a reverse vend-
ing machine,] from a redemption center, dealer  or  the  operator  of  a
reverse vending machine, shall be a violation of this title.
  7.  A  deposit  initiator  [on  a  brand] WHO INITIATES A DEPOSIT ON A
BEVERAGE CONTAINER shall accept SUCH EMPTY BEVERAGE CONTAINER  from  [a]
AND  REIMBURSE  ANY  distributor who [does not initiate deposits on that
brand any] ACCEPTED AND REDEEMED SUCH empty beverage [containers of that
brand accepted by the distributor] CONTAINER from a dealer  or  operator
of  a  redemption  center  [and shall reimburse the distributor] FOR the
[refund value of each such beverage container, as established by section
27-1005 of this title] DEPOSIT AND HANDLING FEE PAID BY THE DISTRIBUTOR.
[In addition, the deposit initiator shall reimburse such distributor for
each such beverage container the handling fee established under subdivi-
sion six of this section.] Without limiting the rights of the department
or any person, firm or corporation under this subdivision or  any  other
provision  of  this  [section]  TITLE,  a distributor shall have a civil
right of action to enforce this subdivision, including, upon three  days
notice,  the  right  to  apply  for temporary and preliminary injunctive

S. 2608                            10                            A. 3008

relief  against  continuing  violations,  and  until  arrangements   for
collection and return of empty containers or reimbursement of [such] THE
REDEEMING distributor for such deposits and handling fees are made.
  8. It shall be the responsibility of the deposit initiator or distrib-
utor  to provide to a dealer or redemption center a sufficient number of
bags, cartons, or other suitable containers, at no cost, for the packag-
ing, handling and pickup of  empty  beverage  containers  that  are  not
redeemed  through  a  reverse  vending  machine.  The  bags, cartons, or
containers must be provided by the deposit initiator or distributor on a
schedule that allows the dealer or redemption center sufficient time  to
sort  the  empty  beverage  containers  prior  to pick up by the deposit
initiator or distributor. In addition:
  (a) When picking up empty beverage containers, a deposit initiator  or
distributor  shall  not  require  a  dealer or redemption center to load
their own bags, cartons or containers onto or into  the  deposit  initi-
ator's  or  distributor's  vehicle  or  vehicles or provide the staff or
equipment needed to do so.   HOWEVER,  WHERE  PALLETS  OR  SKIDS,  BAGS,
CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
SIMILAR  EQUIPMENT,  A  DEPOSIT  INITIATOR  OR DISTRIBUTOR MAY REQUIRE A
DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST  USING
A  FORKLIFT  OR  SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION
CENTER.
  (b) A deposit initiator or distributor [shall not] MAY  require  empty
containers  to be counted at a location other than the redemption center
or dealer's place of business. The dealer  or  redemption  center  shall
have the right to be present at the count.
  (c)  A  deposit  initiator or distributor shall pick up empty beverage
containers from the dealer or redemption center at reasonable times  and
intervals THAT SHALL ALSO TAKE INTO ACCOUNT A MINIMUM VOLUME OF CONTAIN-
ERS  NECESSARY  FOR SUCH A PICK UP as determined in rules or regulations
promulgated by the department OR  ON  A  SCHEDULE  MEETING  THE  MINIMUM
REQUIREMENTS OF SUCH REGULATIONS AND AGREED TO IN WRITING BY THE DEPOSIT
INITIATOR OR DISTRIBUTOR AND THE REDEMPTION CENTER.
  11.  [Notwithstanding  the  provisions  of  subdivision two of section
27-1009 of this title, a deposit initiator or distributor  shall  accept
and  redeem beverage containers as provided in this title, if the dealer
or operator of a redemption center shall  have  accepted  and  paid  the
refund  value  of  such  beverage  containers.] NO PERSON SHALL PROGRAM,
TAMPER WITH, MISUSE, RENDER INACCURATE, OR CIRCUMVENT THE PROPER  OPERA-
TION  OF  A  REVERSE  VENDING  MACHINE  TO ELICIT DEPOSIT MONIES WHEN NO
VALID, REDEEMABLE BEVERAGE CONTAINER HAS  BEEN  PLACED  IN  THE  REVERSE
VENDING MACHINE.
  S 4. Section 27-1009 of the environmental conservation law, as amended
by section 5 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1009. Refusal of acceptance.
  1.  A  dealer or operator of a redemption center [may] SHALL refuse to
accept from a redeemer, and a deposit  initiator  or  distributor  [may]
SHALL  refuse to accept from a dealer or operator of a redemption center
any empty beverage container which does not state thereon a refund value
as established by section 27-1005 and provided  by  section  27-1011  of
this title.
  2.  A  dealer  [or],  operator of a redemption center, DISTRIBUTOR, OR
DEPOSIT INITIATOR may also refuse to accept any BEVERAGE CONTAINER WHICH
IS NOT REASONABLY CLEAN OR CONTAINS  A  SIGNIFICANT  AMOUNT  OF  FOREIGN
MATERIAL,  ANY broken bottle, ANY corroded, CRUSHED or dismembered [can]

S. 2608                            11                            A. 3008

CONTAINER, or any  beverage  container  which  [contains  a  significant
amount of foreign material,] IS OTHERWISE ALTERED SO THAT IT IS RENDERED
UNREDEEMABLE as determined in rules and regulations to be promulgated by
the  commissioner.    SUCH  REFUSAL  MUST OCCUR AT THE TIME THE BEVERAGE
CONTAINER IS TENDERED FOR  REDEMPTION.  NOTWITHSTANDING  THE  FOREGOING,
CONTAINERS  PROCESSED  THROUGH  REVERSE VENDING MACHINES AUTHORIZED BY A
DISTRIBUTOR OR DEPOSIT INITIATOR, AS DOCUMENTED THROUGH REVERSE  VENDING
MACHINE  RECONCILIATION  STATEMENTS  OR  OTHER REASONABLE DOCUMENTATION,
SHALL BE ACCEPTED BY A DISTRIBUTOR OR DEPOSIT INITIATOR.
  S 5. Subdivision 1 of section 27-1011 of the  environmental  conserva-
tion  law,  as amended by chapter 149 of the laws of 1983, is amended to
read as follows:
  1. a. Every beverage container sold or offered for sale in this  state
[by a distributor or dealer] shall clearly indicate by permanently mark-
ing  or  embossing  the  container or by printing as part of the product
label the refund value of the container and the words "New York" or  the
letters "NY"[; provided, however, in the case of private label beverages
such information may be embossed or printed on a label which is securely
or permanently affixed to the beverage container. Private label beverag-
es  shall be defined as beverages purchased from a beverage manufacturer
in beverage containers bearing a brand name or  trademark  for  sale  at
retail  directly  by  the owner or licensee of such brand name or trade-
mark; or through retail dealers affiliated with such owner  or  licensee
by a cooperative or franchise agreement].
  b.  Such  embossing  or permanent imprinting on the beverage container
shall be the responsibility of the person,  firm  or  corporation  which
bottles,  cans  or otherwise fills or packages a beverage container or a
brand owner for whose exclusive  account  private  label  beverages  are
bottled,  canned or otherwise packaged; provided, however, that the duly
authorized agent of any such person, firm or  corporation  may  indicate
such  refund value by a label securely affixed on any beverage container
containing beverages imported into the United  States.    PRIVATE  LABEL
BEVERAGES  SHALL  BE  DEFINED  AS  BEVERAGES PURCHASED FROM A BOTTLER IN
BEVERAGE CONTAINERS BEARING A BRAND NAME OR TRADEMARK FOR SALE AT RETAIL
DIRECTLY BY THE OWNER OR LICENSEE OF SUCH BRAND NAME  OR  TRADEMARK;  OR
THROUGH RETAIL DEALERS AFFILIATED WITH SUCH OWNER OR LICENSEE BY A COOP-
ERATIVE OR FRANCHISE AGREEMENT.
  S 6. Subdivision 5, paragraph b of subdivision 9 and subdivision 12 of
section  27-1012  of  the  environmental  conservation  law, as added by
section 8 of part SS of chapter 59 of the laws of 2009, are  amended  to
read as follows:
  5.  All monies collected or received by the department of taxation and
finance pursuant to this title shall be deposited to the credit  of  the
comptroller  with such responsible banks, banking houses or trust compa-
nies as may be designated by the comptroller.  Such  deposits  shall  be
kept  separate  and apart from all other moneys in the possession of the
comptroller. The comptroller shall require adequate  security  from  all
such depositories. Of the total revenue collected, the comptroller shall
retain the amount determined by the commissioner of taxation and finance
to  be  necessary  for refunds out of which the comptroller must pay any
refunds to which a deposit initiator may be  entitled.  After  reserving
the  amount  to  pay  refunds, the comptroller must, by the tenth day of
each month, pay into the state treasury to the  credit  of  the  general
fund  the  revenue deposited under this subdivision during the preceding
calendar month and remaining to the comptroller's credit on the last day
of that preceding month[.]; PROVIDED,  HOWEVER,  THAT,  BEGINNING  APRIL

S. 2608                            12                            A. 3008

FIRST,  TWO  THOUSAND THIRTEEN, AND ALL FISCAL YEARS THEREAFTER, FIFTEEN
MILLION DOLLARS PLUS ALL FUNDS  RECEIVED  FROM  THE  PAYMENTS  DUE  EACH
FISCAL  YEAR  PURSUANT  TO SUBDIVISION FOUR OF THIS SECTION IN EXCESS OF
THE  AMOUNT RECEIVED FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN, SHALL BE DEPOSITED TO THE CREDIT OF
THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION  NINE-
TY-TWO-S OF THE STATE FINANCE LAW.
  b.  Any  deposit  initiator  who fails to FILE REPORTS, MAKE QUARTERLY
PAYMENTS OR maintain accounts  or  records  pursuant  to  this  section,
unless it is shown that such failure was due to reasonable cause and not
due  to  negligence or willful neglect, in addition to any other penalty
imposed by this title, shall be subject to a penalty to be  assessed  by
the  commissioner  of taxation and finance of not more than one thousand
dollars for each quarter during which  such  failure  occurred,  and  an
additional  penalty of not more than one thousand dollars for each quar-
ter such failure continues.
  12. [Beginning on June first, two thousand nine each deposit initiator
shall register the container label of any beverage offered for  sale  in
the state on which it initiates a deposit. Any such registered container
label  shall  bear a universal product code. Such universal product code
shall be New York state specific, in  order  to  identify  the  beverage
container  as  offered  for sale exclusively in New York state, and as a
means of preventing illegal redemption of beverage containers  purchased
out-of-state. Registration must be on forms as prescribed by the depart-
ment and must include the universal product code for each combination of
beverage  and  container manufactured. The commissioner may require that
such forms be filed electronically. The deposit initiator shall renew  a
label  registration  whenever  that  label  is  revised  by altering the
universal product code or whenever the container on which it appears  is
changed  in size, composition or glass color.] A. EACH DEPOSIT INITIATOR
SHALL PROVIDE A REPORT TO THE DEPARTMENT DESCRIBING  ALL  THE  TYPES  OF
BEVERAGE  CONTAINERS  ON  WHICH  IT INITIATES DEPOSITS. THE REPORT SHALL
INCLUDE THE PRODUCT NAME, TYPE OF BEVERAGE, SIZE AND COMPOSITION OF  THE
BEVERAGE  CONTAINER,  UNIVERSAL  PRODUCT CODE, AND ANY OTHER INFORMATION
THE DEPARTMENT MAY REQUIRE. UPON REQUEST, A DEPOSIT INITIATOR SHALL ALSO
PROVIDE TO THE DEPARTMENT A COPY OF THE CONTAINER LABEL OR A PICTURE  OF
ANY  BEVERAGE  CONTAINER SOLD OR OFFERED FOR SALE IN THIS STATE ON WHICH
IT INITIATES A DEPOSIT. SUCH INFORMATION SHALL BE PROVIDED IN A FORM  AS
PRESCRIBED  BY  THE  DEPARTMENT.    THE DEPARTMENT MAY REQUIRE THAT SUCH
FORMS BE FILED ELECTRONICALLY.
  B. A BOTTLER MAY PLACE ON A BEVERAGE  CONTAINER  A  UNIVERSAL  PRODUCT
CODE  OR OTHER DISTINCTIVE MARKING THAT IS SPECIFIC TO THE STATE OR USED
ONLY IN THE STATE AND ANY OTHER STATES WITH LAWS  SUBSTANTIALLY  SIMILAR
TO THIS TITLE AS A MEANS OF PREVENTING REDEMPTION OF BEVERAGE CONTAINERS
ON WHICH A DEPOSIT WAS NOT PAID.
  C.  A  BOTTLER  OR DEPOSIT INITIATOR SHALL NOTIFY THE DEPARTMENT, IN A
FORM PRESCRIBED BY THE DEPARTMENT,  WHENEVER  A  BEVERAGE  CONTAINER  OR
BEVERAGE  CONTAINER  LABEL  IS REVISED BY ALTERING THE UNIVERSAL PRODUCT
CODE, OR WHENEVER THE  CONTAINER  ON  WHICH  A  UNIVERSAL  PRODUCT  CODE
APPEARS  IS CHANGED IN SIZE, COMPOSITION OR GLASS COLOR, OR WHENEVER THE
CONTAINER OR CONTAINER LABEL ON WHICH A UNIVERSAL PRODUCT  CODE  APPEARS
IS  CHANGED  TO  INCLUDE  A UNIVERSAL PRODUCT CODE THAT IS UNIQUE TO THE
STATE OR USED ONLY IN THE STATE AND ANY OTHER STATES WITH LAWS  SUBSTAN-
TIALLY SIMILAR TO THIS TITLE.

S. 2608                            13                            A. 3008

  S 7. Section 27-1013 of the environmental conservation law, as amended
by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1013. Redemption centers AND DEALERS.
  The  commissioner  is  hereby  empowered to promulgate rules and regu-
lations governing (1)  THE  REGISTRATION  OR  PERMITTING  OF  REDEMPTION
CENTERS INCLUDING BUT NOT LIMITED TO CONDITIONS FOR GRANTING A REGISTRA-
TION  OR  PERMIT, GROUNDS FOR REVOCATION OF A REGISTRATION OR PERMIT AND
THE PROCESS FOR THE REVOCATION OF A  REGISTRATION  OR  PERMIT;  (2)  the
circumstances  in  which  DEPOSIT  INITIATORS, dealers and distributors,
individually or collectively, are required to accept the return of empty
beverage containers, and make payment therefor; [(2)] (3) the sorting of
the containers which a deposit initiator or distributor may  require  of
dealers  and  redemption  centers;  [(3)] (4) the collection of returned
beverage containers by deposit initiators or distributors, including the
party to whom such expense is to be charged, the frequency of such  pick
ups THAT SHALL ALSO ALLOW A SCHEDULE MEETING THE MINIMUM REQUIREMENTS OF
SUCH  REGULATIONS  AND  AGREED TO IN WRITING BY THE DEPOSIT INITIATOR OR
DISTRIBUTOR AND THE REDEMPTION CENTER AND  THAT  SHALL  ALSO  TAKE  INTO
ACCOUNT  A MINIMUM VOLUME OF CONTAINERS NECESSARY FOR SUCH A PICK UP and
the payment for refunds and handling fees thereon; [(4)] (5)  the  right
of  dealers  to restrict or limit the number of containers redeemed, the
rules for redemption at the dealers' place of business, and the  redemp-
tion  of containers from a beverage for which sales have been discontin-
ued, and to issue REGISTRATIONS OR permits to persons, firms  or  corpo-
rations  which  establish  redemption  centers,  subject  to  applicable
provisions of local and state laws, at which redeemers and  dealers  may
return empty beverage containers and receive payment of the refund value
of  such beverage containers; (6) THE ASSIGNMENT OF A SPECIFIC REGISTRA-
TION OR PERMIT IDENTIFICATION NUMBER TO  EACH  REDEMPTION  CENTER;  SUCH
REGISTRATION  OR  PERMIT  NUMBER,  ALONG  WITH  THE NUMBER OF CONTAINERS
CONTAINED THEREIN, SHALL BE AFFIXED TO ANY BOX OR  BAG  PROFFERED  BY  A
REDEMPTION  CENTER  TO A DEPOSIT INITIATOR OR DISTRIBUTOR FOR REDEMPTION
IN A MANNER MANDATED BY THE  COMMISSIONER;  AND  (7)  THE  OPERATION  OF
MOBILE  REDEMPTION  CENTERS  IN  ORDER TO ENSURE THAT TO THE BEST EXTENT
PRACTICABLE CONTAINERS ARE NOT PROFFERED FOR  REDEMPTION  TO  A  DEPOSIT
INITIATOR  OR  DISTRIBUTOR  OUTSIDE  OF  THE  GEOGRAPHIC AREA WHERE SUCH
DEPOSIT INITIATOR SELLS CONTAINERS AND INITIATES DEPOSITS. No dealer  or
distributor,  as  defined  in  section  27-1003  of this title, shall be
required to obtain a permit to operate a redemption center at  the  same
location  as  the dealer's or distributor's place of business. Operators
of such redemption centers shall receive payment of the refund value  of
each  beverage  container  from  the  appropriate  deposit  initiator or
distributor as provided under section 27-1007 of this title.
  S 8. Section 27-1014 of the environmental conservation law, as amended
by section 10 of part SS of chapter 59 of the laws of 2009,  is  amended
to read as follows:
S 27-1014. Authority to promulgate rules and regulations.
  In  addition  to  the  authority  of  the commissioner, under sections
27-1007, 27-1009 and 27-1013 of this title, the commissioner shall  have
the  power to promulgate rules and regulations necessary and appropriate
for the administration of this title AND TO PREVENT FRAUD.
  S 9. Section 27-1015 of the environmental conservation law, as amended
by section 11 of part SS of chapter 59 of the laws of 2009,  is  amended
to read as follows:
S 27-1015. Violations.

S. 2608                            14                            A. 3008

  1.  [A  violation  of this title, except as otherwise provided in this
section and section 27-1012 of this title, shall be a  public  nuisance.
In  addition,  except] CIVIL AND ADMINISTRATIVE SANCTIONS. A.  EXCEPT as
otherwise provided in this section and section 27-1012  of  this  title,
any   person  who  [shall  violate]  VIOLATES  any  [provision]  OF  THE
PROVISIONS of, OR FAILS TO PERFORM A DUTY IMPOSED BY, THIS TITLE OR  ANY
RULE  OR  REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDI-
TION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL
DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO  this  title
shall  be  liable  [to the state of New York] for a civil penalty of not
more than five hundred dollars FOR EACH  VIOLATION,  and  an  additional
civil  penalty of not more than five hundred dollars for each day during
which each such violation continues. Any civil penalty may  be  assessed
BY  THE  COMMISSIONER  following  a  hearing  or opportunity to be heard
PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER OR BY  THE
COURT  IN  ANY  ACTION OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS
CHAPTER. IN ADDITION, SUCH PERSON MAY BY  SIMILAR  PROCESS  BE  ENJOINED
FROM  CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRATION ISSUED TO
SUCH PERSON MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION
DENIED.
  [2. Any] B. IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT  OF
TAXATION  AND  FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY
distributor or deposit initiator who  violates  any  provision  of  this
title,  [except  as provided in section 27-1012 of this title,] OR FAILS
TO PERFORM A DUTY IMPOSED BY THIS  TITLE,  OR  ANY  RULE  OR  REGULATION
PROMULGATED  PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY REGISTRA-
TION OR PERMIT ISSUED PURSUANT THERETO, OR ANY  FINAL  DETERMINATION  OR
ORDER  OF  THE  COMMISSIONER MADE PURSUANT TO THIS TITLE shall be liable
[to the state of New York] for a civil penalty  of  not  more  than  one
thousand  dollars FOR EACH VIOLATION, and an additional civil penalty of
not more than one thousand dollars for each day during which  each  such
violation  continues.  Any  civil penalty may be assessed BY THE COMMIS-
SIONER following a hearing or opportunity to be heard  PURSUANT  TO  THE
PROVISIONS  OF  SECTION  71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY
ACTION OR PROCEEDING PURSUANT TO SECTION 71-2727  OF  THIS  CHAPTER.  IN
ADDITION,  SUCH  DEPOSIT INITIATOR OR DISTRIBUTOR MAY BY SIMILAR PROCESS
BE ENJOINED FROM CONTINUING SUCH VIOLATION AND ANY PERMIT  OR  REGISTRA-
TION  ISSUED  TO  SUCH  PERSON  MAY BE REVOKED OR SUSPENDED OR A PENDING
RENEWAL APPLICATION DENIED.
  2. CRIMINAL SANCTIONS. A.  ANY PERSON WHO, HAVING ANY OF THE  CULPABLE
MENTAL  STATES  DEFINED  IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY
PROVISION OF OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY THIS TITLE,  OR
ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETER-
MINATION  OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL
BE GUILTY OF A VIOLATION AND, UPON CONVICTION, SHALL BE  PUNISHED  BY  A
FINE  OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION; EACH DAY
ON WHICH SUCH VIOLATION OCCURS SHALL CONSTITUTE  A  SEPARATE  VIOLATION;
AND   FOR  EACH  SUCH  VIOLATION  THE  PERSON  SHALL  BE  SUBJECT,  UPON
CONVICTION, TO IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR TO A  FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR TO BOTH IMPRISONMENT AND FINE.
  B.  IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF TAXATION
AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY  DISTRIBU-
TOR  OR  DEPOSIT INITIATOR WHO, HAVING ANY OF THE CULPABLE MENTAL STATES
DEFINED IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY PROVISION OF  OR
WHO  FAILS  TO  PERFORM  ANY  DUTY IMPOSED BY THIS TITLE, OR ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL  DETERMINATION  OR

S. 2608                            15                            A. 3008

ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF
A  VIOLATION  AND,  UPON  CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION;  EACH  DAY  ON  WHICH
SUCH  VIOLATION  OCCURS  SHALL  CONSTITUTE A SEPARATE VIOLATION; AND FOR
EACH SUCH VIOLATION THE PERSON SHALL BE  SUBJECT,  UPON  CONVICTION,  TO
IMPRISONMENT  FOR  NOT  MORE  THAN FIFTEEN DAYS OR TO A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINE.
  [3.] C. It shall be unlawful for [a distributor or deposit  initiator]
ANY PERSON, acting alone or aided by another, to return any empty bever-
age  container  to a dealer or redemption center for its refund value if
[the] A distributor or deposit initiator had  previously  accepted  such
beverage  container  from any dealer or operator of a redemption center,
OR IF SUCH CONTAINER  WAS  PREVIOUSLY  ACCEPTED  BY  A  REVERSE  VENDING
MACHINE.  A  violation of this [subdivision] PARAGRAPH shall be a misde-
meanor punishable by a fine of not less than five  hundred  dollars  nor
more  than  one  thousand  dollars  and an amount equal to two times the
amount of money received as a result of such violation, OR  IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINES.
  D. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY PERSON
WHO VIOLATES SUBDIVISION ELEVEN OF SECTION 27-1007 OF THIS TITLE, OR ANY
RULE  OR  REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMI-
NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE
GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL  BE  PUNISHED  BY  A
FINE  OF  NOT MORE THAN ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
  E. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY  DEAL-
ER,  DISTRIBUTOR  OR  DEPOSIT  INITIATOR, WHO KNOWINGLY OR INTENTIONALLY
VIOLATES ANY PROVISION OF OR  FAILS  TO  PERFORM  ANY  DUTY  IMPOSED  BY
SECTION  27-1005  OR  27-1012  OF  THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE
COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF A  MISDEMEA-
NOR  AND,  UPON CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY  IMPRISONMENT  FOR  NOT
MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  [4.]  3.  Any person who [willfully] tenders to a dealer, distributor,
redemption center or  deposit  initiator  more  than  forty-eight  empty
beverage  containers  for  which  such person knows or should reasonably
know that no deposit was paid in New York state may be assessed [by  the
department]  a  civil  penalty  of  up  to  one hundred dollars for each
container or up to twenty-five thousand dollars for each such tender  of
containers.  At  each  location  where  a  person tenders containers for
redemption, dealers and redemption centers must conspicuously display  a
sign  in letters that are at least one inch in height with the following
information: "WARNING:  Persons tendering for redemption  containers  on
which  a  deposit was never paid in this state may be subject to a civil
penalty of up to one hundred dollars per container or up to  twenty-five
thousand  dollars for each such tender of containers." Any civil penalty
may be assessed BY THE COMMISSIONER following a hearing  or  opportunity
to  be heard PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAP-
TER, OR BY THE COURT IN ANY ACTION OR  PROCEEDING  PURSUANT  TO  SECTION
71-2727 OF THIS CHAPTER. IN ADDITION, SUCH PERSON MAY BY SIMILAR PROCESS
BE  ENJOINED  FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRA-
TION ISSUED TO SUCH PERSON MAY BE REVOKED  OR  SUSPENDED  OR  A  PENDING
RENEWAL APPLICATION DENIED.

S. 2608                            16                            A. 3008

  [5.]  4. A. The department, the department of agriculture and markets,
the department of taxation and finance  and  the  attorney  general  are
hereby authorized to enforce the provisions of this title AND ALL MONIES
COLLECTED  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
PROTECTION  FUND  ESTABLISHED  PURSUANT  TO  SECTION NINETY-TWO-S OF THE
STATE FINANCE LAW. In addition, the provisions  of  section  27-1005  of
this  title and subdivisions one, two, three, four, five, ten and eleven
of section 27-1007 of this title may be enforced by a county, city, town
or village, and the local legislative body thereof may adopt local laws,
ordinances or regulations consistent with this title providing  for  the
enforcement of such provisions AND ALL MONIES COLLECTED BY THE ENFORCING
COUNTY,  CITY,  TOWN  OR  VILLAGE AS FINES OR PENALTIES PURSUANT TO THIS
SECTION SHALL BE PAYABLE TO AND BE THE PROPERTY  OF  THE  COUNTY,  CITY,
TOWN OR VILLAGE.
  B.  IN  ADDITION,  A  VIOLATION  OF  THIS  TITLE,  EXCEPT AS OTHERWISE
PROVIDED IN THIS SECTION, SHALL BE A PUBLIC NUISANCE, AND WITHOUT LIMIT-
ING THE RIGHTS OF THE DEPARTMENT, OR ANY  PERSON,  FIRM  OR  CORPORATION
UNDER THIS SUBDIVISION OR ANY OTHER PROVISION OF THIS SECTION, A DEALER,
OWNER OR OPERATOR OF A REDEMPTION CENTER, DISTRIBUTOR, OR DEPOSIT INITI-
ATOR  SHALL  HAVE  A  CIVIL RIGHT OF ACTION TO ENFORCE THE PROVISIONS OF
SECTION 27-1009 OF THIS TITLE AND  SUBDIVISIONS  FOUR,  FIVE,  SIX,  AND
EIGHT OF SECTION 27-1007 OF THIS TITLE.
  S  10.  Section  27-1017  of  the  environmental  conservation  law is
REPEALED.
  S 11. Subdivision 3 of section 92-s  of  the  state  finance  law,  as
amended  by  section  2  of part T of chapter 59 of the laws of 2009, is
amended to read as follows:
  3. Such fund shall consist of the amount of revenue  collected  within
the  state  from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
amount  of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands  law
and  the  money  received  as annual service charges pursuant to section
four hundred four-l of the vehicle and traffic law, all moneys  required
to  be  deposited  therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of  the  laws  of
nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
pursuant to section thirteen of chapter six hundred ten of the  laws  of
nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to  be
deposited from the Northville settlement pursuant to section one hundred
twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
hundred ninety-six, provided however, that such  moneys  shall  only  be
used  for  the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent  order  with  the
Northville  industries  signed  on  October thirteenth, nineteen hundred
ninety-four and the related resource restoration and  replacement  plan,
the  amount  of  penalties  required  to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental  conser-
vation  law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law, [as added by a chapter of
the laws of two thousand nine,] all moneys collected pursuant  to  title
thirty-three  of  article fifteen of the environmental conservation law,
[as added by a chapter of the laws of two thousand nine] BEGINNING  WITH
THE  FISCAL  YEAR  COMMENCING ON APRIL FIRST, TWO THOUSAND THIRTEEN, AND

S. 2608                            17                            A. 3008

ALL FISCAL YEARS THEREAFTER, FIFTEEN  MILLION  DOLLARS  PLUS  ALL  FUNDS
RECEIVED  BY THE STATE EACH FISCAL YEAR IN EXCESS OF THE AMOUNT RECEIVED
FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH  MARCH  THIRTY-FIRST,  TWO
THOUSAND  THIRTEEN,  FROM THE PAYMENTS COLLECTED PURSUANT TO SUBDIVISION
FOUR OF SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW,  and  all
other  moneys  credited  or  transferred  thereto from any other fund or
source pursuant to law. All such revenue shall  be  initially  deposited
into  the  environmental protection fund, for application as provided in
subdivision five of this section.
  S 12. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART G

  Section  1.  Subdivisions  1  and 2 of section 27-1905 of the environ-
mental conservation law, as amended by section 1 of part DD  of  chapter
59 of the laws of 2010, are amended to read as follows:
  1. [Until December thirty-first, two thousand thirteen, accept] ACCEPT
from  a  customer,  waste  tires of approximately the same size and in a
quantity equal to the number of new tires purchased or installed by  the
customer; and
  2.  [Until  December  thirty-first,  two thousand thirteen, post] POST
written notice in a prominent location, which must be at least eight and
one-half inches by fourteen inches in size  and  contain  the  following
language:
  "New  York State law requires us to accept and manage waste tires from
vehicles in exchange for an equal number of new tires that  we  sell  or
install.  Tire  retailers are required to charge a separate and distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
  The retailers in addition are authorized, at their sole discretion, to
pass on waste tire management and recycling costs  to  tire  purchasers.
Such  costs  may  be included as part of the advertised price of the new
tire, or charged as a separate per-tire  charge  in  an  amount  not  to
exceed $2.50 on each new tire sold."
  The  written notice shall also contain one of the following statements
at the end of the aforementioned language and as  part  of  the  notice,
which  shall  accurately  indicate  the manner in which the tire service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:
  "Our waste tire management and recycling costs  are  included  in  the
advertised price of each new tire.", or
  "We  charge  a separate per-tire charge of $____ on each new tire sold
that will be listed on your invoice to cover our waste  tire  management
and recycling costs."
  S  2.  Subdivisions  1,  2 and 3 and paragraph (a) of subdivision 6 of
section 27-1913 of the environmental conservation law,  subdivisions  1,
2,  the opening paragraph of subdivision 3 and paragraph (a) of subdivi-
sion 6 as amended by section 4 of part DD of chapter 59 of the  laws  of
2010  and subdivision 3 as amended by section 2 of part E1 of chapter 63
of the laws of 2003, are amended to read as follows:
  1. [Until December thirty-first, two thousand  thirteen,  a]  A  waste
tire  management  and recycling fee of two dollars and fifty cents shall
be charged on each new tire sold. The fee shall be paid by the purchaser
to the tire service at the time the new tire or  new  motor  vehicle  is
purchased.
  The waste tire management and recycling fee does not apply to:

S. 2608                            18                            A. 3008

  (a) recapped or resold tires;
  (b) mail-order sales; or
  (c)  the  sale  of  new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this  state  is
subject to such fee.
  2. [Until December thirty-first, two thousand thirteen, the]  THE tire
service  shall  collect the waste tire management and recycling fee from
the purchaser at the time of the sale and shall [remit] PAY such fee  to
the  department  of  taxation  and  finance  with the quarterly [report]
RETURN filed pursuant to subdivision three of this section. THE  COMMIS-
SIONER OF TAXATION AND FINANCE MAY REQUIRE THAT THE TIRE SERVICE PAY THE
FEE ELECTRONICALLY.
  (a)  The  fee  imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
  (b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
  3. [Until March thirty-first, two thousand fourteen, each]  EACH  tire
service  maintaining  a  place  of  business  in this state shall make a
return to the department of taxation and finance on a quarterly  basis[,
with  the  return  for  December,  January, and February being due on or
before the immediately following  March  thirty-first;  the  return  for
March,  April,  and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being  due  on  or
before the immediately following September thirtieth; and the return for
September,  October, and November being due on or before the immediately
following December thirty-first] IN THE FORM AND  MANNER  PRESCRIBED  BY
THE  COMMISSIONER  OF TAXATION AND FINANCE. THE COMMISSIONER OF TAXATION
AND FINANCE MAY REQUIRE SUCH RETURNS TO  BE  FILED  ELECTRONICALLY.  THE
QUARTERLY  RETURNS  REQUIRED  BY THIS SUBDIVISION SHALL BE FILED FOR THE
QUARTERLY PERIODS ENDING ON THE LAST DAY OF FEBRUARY,  MAY,  AUGUST  AND
NOVEMBER OF EACH YEAR, AND EACH SUCH RETURN SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE END OF THE QUARTERLY PERIOD COVERED THEREBY.
  (a) Each return shall include:
  (i) the name of the tire service;
  (ii) the address of the tire service's principal place of business and
the  address  of the principal place of business (if that is a different
address) from which the tire service engages in the business  of  making
retail sales of tires;
  (iii) the name and signature of the person preparing the return;
  (iv)  the  total  number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
  (v) the amount of waste tire management and recycling fees due; and
  (vi) such other reasonable information as the department  of  taxation
and finance may require.
  (b)  Copies  of  each  [report]  RETURN  shall be retained by the tire
service for three years.
  If a tire service ceases business, it shall file a  final  return  and
[remit]  PAY  all  fees due under this title [with] TO the department of
taxation and finance not more than one month  after  discontinuing  that
business.
  (a)  [Until  December  thirty-first,  two  thousand thirteen, any] ANY
additional waste tire management and recycling costs of the tire service
in excess of the amount authorized to be retained pursuant to  paragraph
(b)  of subdivision two of this section may be included in the published
selling price of the new tire, or charged as a separate per-tire  charge

S. 2608                            19                            A. 3008

on  each  new  tire sold. When such costs are charged as a separate per-
tire charge: (i) such charge shall be stated as an invoice item separate
and distinct from the selling price of the tire; (ii) the invoice  shall
state  that  the  charge  is  imposed at the sole discretion of the tire
service; and (iii) the amount of such charge shall  reflect  the  actual
cost to the tire service for the management and recycling of waste tires
accepted  by the tire service pursuant to section 27-1905 of this title,
provided however, that in no event shall such charge exceed two  dollars
and fifty cents on each new tire sold.
  S  3.  This  act shall take effect immediately, and shall apply to the
quarterly periods provided for in the opening paragraph  of  subdivision
three  of  section  27-1913  of  the  environmental conservation law, as
amended by section two of this act, beginning on or after the date  this
act shall have become a law.

                                 PART H

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to  make  loans,  as
amended  by  section  1  of part R of chapter 58 of the laws of 2012, is
amended to read as follows:
  S 2. This act shall take effect immediately [provided,  however,  that
section  one of this act shall expire on July 1, 2013, at which time the
provisions of subdivision 26 of section 5 of the New  York  state  urban
development corporation act shall be deemed repealed; provided, however,
that  neither  the  expiration  nor  the  repeal  of such subdivision as
provided for herein shall be deemed to affect or impair  in  any  manner
any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal].
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART I

  Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
amending the public authorities law relating to authorizing the dormito-
ry authority to enter into certain design  and  construction  management
agreements is amended to read as follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed April 1, [2013] 2015.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in effect on and after April 1, 2013.

                                 PART J

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

S. 2608                            20                            A. 3008

  S 2. This act shall take effect immediately.

                                 PART K

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART L

  Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
laws of 2013 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue  funds - other/state operations, miscellaneous special revenue fund -
339, energy research and planning account, and special revenue  funds  -
other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy  research  and planning account shall be subject to the provisions of
this section. Notwithstanding  the  provisions  of  subdivision  4-a  of
section 18-a of the public service law, all moneys committed or expended
shall  be reimbursed by assessment against gas corporations and electric
corporations as defined in section 2 of the public service law, and  the
total  amount  which may be charged to any gas corporation and any elec-
tric corporation shall not exceed one cent per one thousand  cubic  feet
of  gas sold and .010 cent per kilowatt-hour of electricity sold by such
corporations in their intrastate utility  operations  in  calendar  year
2011.  Such  amounts  shall  be  excluded  from  the  general assessment
provisions of subdivision 2 of section 18-a of the public  service  law,
but shall be billed and paid in the manner set forth in such subdivision
and  upon  receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The director of the budget shall not issue  a  certificate  of  approval
with  respect  to the commitment and expenditure of moneys hereby appro-
priated until the chair of such authority shall have submitted, and  the
director  of  the  budget shall have approved, a comprehensive financial
plan encompassing all moneys available to and  all  anticipated  commit-
ments  and  expenditures by such authority from any source for the oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART M

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, expenses of the department of health public service  education
program  incurred  pursuant  to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART N

S. 2608                            21                            A. 3008

  Section  1.  Paragraph  (a)  of  subdivision  6 of section 18-a of the
public service law, as added by section 4 of part NN of  chapter  59  of
the laws of 2009, is amended to read as follows:
  (a)  Notwithstanding any provision of law to the contrary, and subject
to the exceptions provided for in paragraph (b) of this subdivision, for
the state fiscal year beginning on April first, two  thousand  nine  and
[four] NINE state fiscal years thereafter, a temporary annual assessment
(hereinafter  "temporary  state  energy and utility service conservation
assessment") is hereby imposed on public  utility  companies  (including
for  the  purposes of this subdivision municipalities other than munici-
palities as defined in section eighty-nine-l of  this  chapter),  corpo-
rations  (including  for  purposes  of  this subdivision the Long Island
power authority), and persons subject  to  the  commission's  regulation
(hereinafter  such  public  utility companies, corporations, and persons
are referred to collectively as the "utility entities") to encourage the
conservation of energy and  other  resources  provided  through  utility
entities,  to  be  assessed  in the manner provided in this subdivision;
provided, however, that such assessment shall not be imposed upon  tele-
phone corporations as defined in subdivision seventeen of section two of
this article.
  S  2. Section 6 of part NN of chapter 59 of the laws of 2009, amending
the public service law relating  to  financing  the  operations  of  the
department  of public service, the public service commission, department
support and energy management services provided by other state agencies,
increasing the utility assessment cap  and  the  minimum  threshold  for
collection  thereunder,  and  establishing  a temporary state energy and
utility service conservation assessment and providing for the collection
thereof, is amended to read as follows:
  S 6. This act shall take effect immediately; provided,  however,  that
subdivision  6  of  section  18-a of the public service law, as added by
section four of this act shall take  effect  April  1,  2009  and  shall
expire  and  be  deemed  repealed  March  31, [2014] 2019; and provided,
further, that if section four of this act shall become law  after  April
1,  2009,  it  shall take effect immediately and shall be deemed to have
been in full force and effect on and after April 1, 2009.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013; provided,
however,  that  the  amendments  to subdivision 6 of section 18-a of the
public service law made by section one of this act shall not affect  the
repeal of such subdivision and shall be deemed to be repealed therewith.

                                 PART O

  Section  1.  Sections 24 and 25 of the public service law are REPEALED
and a new section 24 is added to read as follows:
  S 24. ADMINISTRATIVE SANCTIONS; RECOVERY OF PENALTIES. 1. EVERY PUBLIC
UTILITY COMPANY, CORPORATION OR PERSON  AND  THE  OFFICERS,  AGENTS  AND
EMPLOYEES  THEREOF  SHALL  ADHERE TO EVERY PROVISION OF THIS CHAPTER AND
EVERY ORDER OR REGULATION ADOPTED UNDER AUTHORITY  OF  THIS  CHAPTER  SO
LONG AS THE SAME SHALL BE IN FORCE.
  2.  (A)  THE  COMMISSION  SHALL  HAVE  THE AUTHORITY TO ASSESS A CIVIL
PENALTY AGAINST A PUBLIC UTILITY COMPANY, CORPORATION, OR PERSON AND THE
OFFICERS, AGENTS AND EMPLOYEES  THEREOF  SUBJECT  TO  THE  JURISDICTION,
SUPERVISION,  OR REGULATION PURSUANT TO THIS CHAPTER IN AN AMOUNT AS SET
FORTH IN THIS SECTION. IN DETERMINING THE AMOUNT OF ANY  PENALTY  TO  BE
ASSESSED  PURSUANT  TO  THIS SECTION, THE COMMISSION SHALL CONSIDER: (I)

S. 2608                            22                            A. 3008

THE SERIOUSNESS OF THE VIOLATION FOR WHICH A PENALTY IS SOUGHT; (II) THE
NATURE AND EXTENT OF ANY PREVIOUS VIOLATIONS FOR  WHICH  PENALTIES  HAVE
BEEN ASSESSED AGAINST THE PUBLIC UTILITY COMPANY, CORPORATION OR PERSON;
(III)  THE  GROSS  REVENUES  AND  FINANCIAL STATUS OF THE PUBLIC UTILITY
COMPANY, CORPORATION OR PERSON; AND  (IV)  SUCH  OTHER  FACTORS  AS  THE
COMMISSION  MAY  DEEM APPROPRIATE AND RELEVANT. THE REMEDIES PROVIDED BY
THIS SUBDIVISION ARE IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN LAW.
  (B) WHENEVER THE COMMISSION HAS REASON TO BELIEVE THAT A PUBLIC UTILI-
TY COMPANY, CORPORATION OR PERSON AND SUCH OFFICERS, AGENTS AND  EMPLOY-
EES THEREOF MAY BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY AS SET FORTH
IN THIS SUBDIVISION, IT SHALL NOTIFY SUCH PUBLIC UTILITY COMPANY, CORPO-
RATION OR PERSON. SUCH NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO
(I) THE DATE AND A BRIEF DESCRIPTION OF THE FACTS AND NATURE OF EACH ACT
OR  FAILURE  TO  ACT  FOR WHICH SUCH PENALTY IS PROPOSED; (II) A LIST OF
EACH STATUTE, REGULATION OR ORDER THAT THE COMMISSION ALLEGES  HAS  BEEN
VIOLATED;  (III) THE AMOUNT OF EACH PENALTY THAT THE COMMISSION PROPOSES
TO ASSESS; AND (IV) THE OPTION TO REQUEST A HEARING TO  DEMONSTRATE  WHY
THE  PROPOSED  PENALTY  OR PENALTIES SHOULD NOT BE ASSESSED AGAINST SUCH
PUBLIC UTILITY COMPANY, CORPORATION, OR SUCH PERSON.
  3. ANY PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A PROVISION
OF THIS CHAPTER, REGULATION OR AN ORDER ADOPTED UNDER AUTHORITY OF  THIS
CHAPTER  SO  LONG AS THE SAME SHALL BE IN FORCE, OR WHO FAILS TO PROVIDE
SAFE AND ADEQUATE SERVICE SHALL FORFEIT A SUM NOT EXCEEDING THE  GREATER
OF  ONE HUNDRED THOUSAND DOLLARS OR TWO ONE-HUNDREDTHS OF ONE PERCENT OF
THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY, CONSTITUT-
ING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN  THE  CASE  OF  A
CONTINUING  VIOLATION,  EACH DAY SHALL BE DEEMED A SEPARATE AND DISTINCT
OFFENSE.
  4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION,  ANY SUCH PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A
PROVISION OF THIS CHAPTER, OR AN ORDER OR REGULATION ADOPTED  UNDER  THE
AUTHORITY OF THIS CHAPTER SPECIFICALLY FOR THE PROTECTION OF HUMAN SAFE-
TY  OR PREVENTION OF SIGNIFICANT DAMAGE TO REAL PROPERTY, INCLUDING, BUT
NOT LIMITED TO, THE COMMISSION'S CODE OF GAS SAFETY  REGULATIONS  SHALL,
IF  IT IS DETERMINED BY THE COMMISSION THAT SUCH SAFETY VIOLATION CAUSED
OR CONSTITUTED A CONTRIBUTING FACTOR IN BRINGING ABOUT:  (A) A DEATH  OR
PERSONAL INJURY; OR (B) DAMAGE TO REAL PROPERTY IN EXCESS OF FIFTY THOU-
SAND DOLLARS, FORFEIT A SUM NOT TO EXCEED THE GREATER OF:
  (I)  TWO HUNDRED FIFTY THOUSAND DOLLARS OR THREE ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY,
WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH SEPARATE AND
DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR  PURPOSES  OF  THIS  PARA-
GRAPH, EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED A SEPARATE
AND  DISTINCT  OFFENSE.  THE  TOTAL PERIOD OF A CONTINUING VIOLATION, AS
WELL AS EVERY DISTINCT VIOLATION, SHALL BE SIMILARLY TREATED AS A  SEPA-
RATE AND DISTINCT OFFENSE FOR PURPOSES OF THIS PARAGRAPH; OR
  (II)  THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION.
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OR FOUR OF THIS
SECTION, A  PUBLIC  UTILITY  COMPANY  OR  CORPORATION  THAT  VIOLATES  A
PROVISION  OF  THIS  CHAPTER,  OR  AN  ORDER OR REGULATION ADOPTED UNDER
AUTHORITY OF THIS CHAPTER, DESIGNED TO PROTECT THE  OVERALL  RELIABILITY
AND  CONTINUITY  OF  ELECTRIC  SERVICE, INCLUDING BUT NOT LIMITED TO THE
RESTORATION OF ELECTRIC SERVICE FOLLOWING A MAJOR OUTAGE EVENT OR  EMER-
GENCY, SHALL FORFEIT A SUM NOT TO EXCEED THE GREATER OF:

S. 2608                            23                            A. 3008

  (A)  FIVE  HUNDRED  THOUSAND  DOLLARS  OR  FOUR  ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY,
WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH SEPARATE AND
DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS PARAGRAPH
EACH  DAY  OF  A CONTINUING VIOLATION SHALL NOT BE DEEMED A SEPARATE AND
DISTINCT OFFENSE. THE TOTAL PERIOD OF A CONTINUING VIOLATION, AS WELL AS
EVERY DISTINCT VIOLATION SHALL BE SIMILARLY TREATED AS  A  SEPARATE  AND
DISTINCT OFFENSE FOR PURPOSES OF THIS PARAGRAPH; OR
  (B)  THE  MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION.
  6. ANY OFFICER, AGENT, OR EMPLOYEE OF ANY  CORPORATION  DETERMINED  BY
THE  COMMISSION  TO  HAVE  VIOLATED THE PROVISIONS OF SUBDIVISION THREE,
FOUR, OR FIVE OF THIS SECTION, AND WHO KNOWINGLY VIOLATES A PROVISION OF
THIS CHAPTER, REGULATION OR AN ORDER ADOPTED  UNDER  AUTHORITY  OF  THIS
CHAPTER  SO  LONG  AS THE SAME SHALL BE IN FORCE, INCLUDING A FAILURE TO
PROVIDE SAFE AND ADEQUATE SERVICE, SHALL FORFEIT A SUM NOT TO EXCEED ONE
HUNDRED THOUSAND DOLLARS CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY
OFFENSE AND, IN THE CASE OF A CONTINUING VIOLATION, EACH  DAY  SHALL  BE
DEEMED A SEPARATE AND DISTINCT OFFENSE.
  7.  ANY  SUCH  ASSESSMENT  MAY  BE  COMPROMISED OR DISCONTINUED BY THE
COMMISSION. ALL MONEYS RECOVERED PURSUANT TO THIS SECTION, TOGETHER WITH
THE COSTS THEREOF, SHALL BE REMITTED TO, OR  FOR  THE  BENEFIT  OF,  THE
RATEPAYERS IN A MANNER TO BE DETERMINED BY THE COMMISSION.
  8.  UPON A FAILURE BY A PUBLIC UTILITY COMPANY, CORPORATION, OR PERSON
TO REMIT ANY  PENALTY  ASSESSED  BY  THE  COMMISSION  PURSUANT  TO  THIS
SECTION, THE COMMISSION, THROUGH ITS COUNSEL, MAY INSTITUTE AN ACTION OR
SPECIAL PROCEEDING TO COLLECT THE PENALTY IN A COURT OF COMPETENT JURIS-
DICTION.
  9. ANY PAYMENT MADE BY A PUBLIC UTILITY COMPANY, CORPORATION OR PERSON
AND THE OFFICERS, AGENTS AND EMPLOYEES THEREOF AS A RESULT OF AN ASSESS-
MENT  AS PROVIDED IN THIS SECTION, AND THE COST OF LITIGATION AND INVES-
TIGATION RELATED TO ANY SUCH ASSESSMENT, SHALL NOT BE  RECOVERABLE  FROM
RATEPAYERS.
  10.  IN CONSTRUING AND ENFORCING THE PROVISIONS OF THIS CHAPTER RELAT-
ING TO PENALTIES, THE ACT OF ANY DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF
A PUBLIC UTILITY COMPANY, CORPORATION OR PERSON ACTING WITHIN THE  SCOPE
OF  HIS  OR  HER OFFICIAL DUTIES OR EMPLOYMENT SHALL BE DEEMED TO BE THE
ACT OF SUCH PUBLIC UTILITY COMPANY OR CORPORATION.
  S 2. Section 26 of the public service law is renumbered section 25.
  S 3. Section 65 of the public service law is amended by adding two new
subdivisions 14 and 15 to read as follows:
  14. IN CONJUNCTION WITH A MANAGEMENT AND OPERATIONS  AUDIT  UNDERTAKEN
PURSUANT TO SUBDIVISION NINETEEN OF SECTION SIXTY-SIX OF THIS ARTICLE OR
UPON ITS OWN MOTION, THE COMMISSION SHALL REVIEW THE CAPABILITY, INCLUD-
ING  BUT  NOT LIMITED TO, THE CAPABILITY TO IMPLEMENT EMERGENCY RESPONSE
PLANS AND RESTORATION, OF EACH GAS CORPORATION AND ELECTRIC  CORPORATION
TO PROVIDE SAFE, ADEQUATE, AND RELIABLE SERVICE.  UPON GOOD CAUSE SHOWN,
THE COMMISSION MAY DIRECT SUCH CORPORATION TO COMPLY WITH ADDITIONAL AND
MORE STRINGENT TERMS AND CONDITIONS OF SERVICE THAN EXISTED PRIOR TO THE
COMMENCEMENT  OF  THE  MANAGEMENT  AND  OPERATIONS  AUDIT, OR CAUSE SUCH
CORPORATION TO DIVEST SOME OR ALL OF  ITS  STATE-BASED  UTILITY  ASSETS,
INCLUDING  FRANCHISE  TERRITORIES,  BASED  UPON STANDARDS AND PROCEDURES
ESTABLISHED BY THE COMMISSION TO ENSURE CONTINUITY OF SAFE AND  ADEQUATE
SERVICE, DUE PROCESS, AND FAIR AND JUST COMPENSATION; PROVIDED, HOWEVER,
THAT  NOTHING  IN  THIS SUBDIVISION LIMITS THE COMMISSION'S AUTHORITY TO
UNDERTAKE THE ACTIONS SET FORTH PURSUANT  TO  SECTIONS  TWENTY-FOUR  AND

S. 2608                            24                            A. 3008

TWENTY-FIVE  OF THIS CHAPTER. IN THE CASE WHERE THE COMMISSION DIRECTS A
FULL OR PARTIAL DIVESTMENT OF A  CORPORATION'S  ASSETS,  THE  COMMISSION
SHALL FIRST PROCEED IN SUCH MANNER AS TO FACILITATE THE VOLUNTARY TRANS-
FER OF SUCH ASSETS.
  15.  THE  CHIEF EXECUTIVE OFFICER OF EACH GAS CORPORATION AND ELECTRIC
CORPORATION SHALL CERTIFY TO THE COMMISSION ON OR BEFORE MARCH FIFTEENTH
OF EACH YEAR THAT SUCH CORPORATION IS IN COMPLIANCE  WITH  THE  REQUIRE-
MENTS  OF THIS CHAPTER AND ANY RULES, REGULATIONS, ORDERS AND PROCEDURES
ADOPTED THERETO, INCLUDING THE OBLIGATION THAT SUCH CORPORATION  PROVIDE
SAFE AND ADEQUATE SERVICE.
  S  4.  Subdivisions 19 and 21 of section 66 of the public service law,
subdivision 19 as added by chapter 556 of the laws of 1976 and the clos-
ing paragraph as added by chapter 586 of the laws of 1986  and  subdivi-
sion  21  as added by chapter 718 of the laws of 1980, are amended and a
new subdivision 1-a is added to read as follows:
  1-A. REVIEW THE ANNUAL CAPITAL EXPENDITURE OF  EACH  GAS  OR  ELECTRIC
CORPORATION  AND  MAY ORDER SUCH IMPROVEMENT IN THE MANUFACTURE, CONVEY-
ING, TRANSPORTATION, DISTRIBUTION OR SUPPLY OF GAS, IN THE  MANUFACTURE,
TRANSMISSION  OR  SUPPLY  OF  ELECTRICITY, OR IN THE METHODS EMPLOYED BY
SUCH CORPORATION AS IN THE COMMISSION'S JUDGMENT IS ADEQUATE,  JUST  AND
REASONABLE.
  19.  (A) The commission shall have power to provide for management and
operations audits of gas corporations and  electric  corporations.  Such
audits shall be performed at least once every five years for combination
gas  and  electric  companies,  as well as for straight gas corporations
having annual gross revenues in excess of two hundred  million  dollars.
The  audit shall include, but not be limited to, an investigation of the
company's construction program planning in relation to the needs of  its
customers for reliable service [and], an evaluation of the efficiency of
the  company's operations, RECOMMENDATIONS WITH RESPECT TO SAME, AND THE
TIMING WITH RESPECT TO THE IMPLEMENTATION OF SUCH RECOMMENDATIONS.   The
commission  shall  have  discretion to have such audits performed by its
staff, or by independent auditors.
  In every case in which  the  commission  chooses  to  have  the  audit
provided  for in this subdivision OR PURSUANT TO SUBDIVISION FOURTEEN OF
SECTION SIXTY-FIVE OF THIS ARTICLE performed by independent auditors, it
shall have authority to select the auditors, and to require the  company
being  audited  to enter into a contract with the auditors providing for
their payment by the company. Such contract shall provide  further  that
the  auditors  shall  work for and under the direction of the commission
according to such terms as the commission may  determine  are  necessary
and reasonable.
  [The  commission  shall have authority to direct the company to imple-
ment any recommendations resulting from such audits that it finds to  be
necessary and reasonable.]
  (B)  EACH  GAS AND ELECTRIC CORPORATION SUBJECT TO AN AUDIT UNDER THIS
SUBDIVISION SHALL FILE A REPORT WITH THE COMMISSION WITHIN  THIRTY  DAYS
AFTER  ISSUANCE OF SUCH AUDIT DETAILING ITS PLAN TO IMPLEMENT THE RECOM-
MENDATIONS MADE IN THE AUDIT. AFTER REVIEW OF SUCH PLAN, THE  COMMISSION
MAY REQUIRE THAT SUCH CORPORATION AMEND THE PLAN IN A PARTICULAR MANNER.
SUCH  PLAN  SHALL  THEREAFTER  BECOME  ENFORCEABLE  UPON APPROVAL BY THE
COMMISSION. THE COMMISSION SHALL HAVE POWER TO COMMENCE A PROCEEDING  TO
EXAMINE  ANY  SUCH  CORPORATION'S COMPLIANCE WITH THE RECOMMENDATIONS OF
SUCH AUDIT.
  (C) Upon the application of a gas or electric corporation for a  major
change  in  rates  as defined in subdivision twelve of this section, the

S. 2608                            25                            A. 3008

commission  shall  review  that  corporation's   compliance   with   the
directions  and  recommendations made previously by the commission, as a
result of the most recently completed management and  operations  audit.
The  commission  shall  incorporate  the  findings of such review in its
opinion or order, AND SUCH FINDINGS SHALL BE ENFORCEABLE BY THE  COMMIS-
SION.
  21. [The commission shall require every electric corporation to submit
storm  plans to the commission for review and approval at such times and
in such detail and form  as  the  commission  shall  require,  provided,
however, that the same shall be filed at least annually.] (A) EACH ELEC-
TRIC CORPORATION SHALL ANNUALLY, ON OR BEFORE DECEMBER FIFTEENTH, SUBMIT
TO  THE  COMMISSION  AN EMERGENCY RESPONSE PLAN FOR REVIEW AND APPROVAL.
THE EMERGENCY RESPONSE PLAN SHALL BE DESIGNED FOR THE REASONABLY  PROMPT
RESTORATION  OF  SERVICE  IN THE CASE OF AN EMERGENCY EVENT, DEFINED FOR
PURPOSES OF THIS SUBDIVISION AS AN EVENT WHERE WIDESPREAD  OUTAGES  HAVE
OCCURRED  IN THE SERVICE TERRITORY OF THE COMPANY DUE TO STORMS OR OTHER
CAUSES BEYOND THE CONTROL OF THE COMPANY. THE  EMERGENCY  RESPONSE  PLAN
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING: (I) THE IDEN-
TIFICATION OF MANAGEMENT STAFF RESPONSIBLE FOR COMPANY OPERATIONS DURING
AN  EMERGENCY;  (II)  A  COMMUNICATIONS  SYSTEM WITH CUSTOMERS DURING AN
EMERGENCY THAT EXTENDS BEYOND NORMAL BUSINESS HOURS AND BUSINESS  CONDI-
TIONS;  (III)  IDENTIFICATION OF AND OUTREACH PLANS TO CUSTOMERS WHO HAD
DOCUMENTED THEIR NEED FOR ESSENTIAL ELECTRICITY FOR MEDICAL NEEDS;  (IV)
IDENTIFICATION  OF  AND  OUTREACH  PLANS TO CUSTOMERS WHO HAD DOCUMENTED
THEIR NEED FOR ESSENTIAL ELECTRICITY TO  PROVIDE  CRITICAL  TELECOMMUNI-
CATIONS,   CRITICAL   TRANSPORTATION   AND  CRITICAL  FUEL  DISTRIBUTION
SERVICES; (V) DESIGNATION OF COMPANY STAFF  TO  COMMUNICATE  WITH  LOCAL
OFFICIALS AND APPROPRIATE REGULATORY AGENCIES; (VI) PROVISIONS REGARDING
HOW THE COMPANY WILL ASSURE THE SAFETY OF ITS EMPLOYEES AND CONTRACTORS;
(VII)  PROCEDURES  FOR  DEPLOYING  COMPANY  AND MUTUAL AID CREWS TO WORK
ASSIGNMENT AREAS;  (VIII)  IDENTIFICATION  OF  ADDITIONAL  SUPPLIES  AND
EQUIPMENT  NEEDED DURING AN EMERGENCY; (IX) THE MEANS OF OBTAINING ADDI-
TIONAL SUPPLIES AND EQUIPMENT; (X) PROCEDURES TO PRACTICE THE  EMERGENCY
RESPONSE PLAN; AND (XI) SUCH OTHER ADDITIONAL INFORMATION AS THE COMMIS-
SION  MAY  REQUIRE.  THE FILING WITH THE COMMISSION SHALL ALSO INCLUDE A
COPY OF ALL WRITTEN MUTUAL ASSISTANCE AGREEMENTS  AMONG  UTILITIES.  THE
COMMISSION  SHALL  ACCORD  PROTECTED TREATMENT OF CONFIDENTIAL, COMPETI-
TIVELY SENSITIVE OR OTHER PROPRIETARY INFORMATION CONTAINED IN ANY EMER-
GENCY RESPONSE PLAN.  EACH SUCH CORPORATION SHALL, ON AN  ANNUAL  BASIS,
UNDERTAKE  DRILLS  IMPLEMENTING  PROCEDURES  TO  PRACTICE  ITS EMERGENCY
MANAGEMENT PLAN.   THE  DEPARTMENT  MAY  ADOPT  ADDITIONAL  REQUIREMENTS
CONSISTENT WITH ENSURING THE REASONABLY PROMPT RESTORATION OF SERVICE IN
THE CASE OF AN EMERGENCY EVENT.
  (B)  AFTER  REVIEW  OF  A  CORPORATION'S  EMERGENCY RESPONSE PLAN, THE
COMMISSION MAY REQUIRE SUCH CORPORATION TO AMEND THE PLAN.  THE  COMMIS-
SION  MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO DETER-
MINE ITS SUFFICIENCY TO RESPOND ADEQUATELY TO AN EMERGENCY EVENT.    IF,
AFTER  HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE PLAN,
IT MAY ORDER THE COMPANY  TO  MAKE  SUCH  MODIFICATIONS  THAT  IT  DEEMS
REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
  (C)  THE  COMMISSION  IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW
THE PERFORMANCE OF ANY CORPORATION IN  RESTORING  SERVICE  OR  OTHERWISE
MEETING  THE REQUIREMENTS OF THE EMERGENCY RESPONSE PLAN DURING AN EMER-
GENCY EVENT. IF,  AFTER  EVIDENTIARY  HEARINGS  OR  OTHER  INVESTIGATORY
PROCEEDINGS, THE COMMISSION FINDS THAT THE CORPORATION FAILED TO REASON-
ABLY  IMPLEMENT ITS EMERGENCY RESPONSE PLAN OR THE LENGTH OF SUCH CORPO-

S. 2608                            26                            A. 3008

RATION'S OUTAGES WERE MATERIALLY LONGER THAN THEY WOULD  HAVE  BEEN  BUT
FOR  SUCH  FAILURE  TO REASONABLY IMPLEMENT ITS EMERGENCY RESPONSE PLAN,
THE COMMISSION MAY DENY THE RECOVERY OF ALL, OR ANY PART OF, THE SERVICE
RESTORATION  COSTS,  COMMENSURATE  WITH  THE  DEGREE  AND  IMPACT OF THE
SERVICE OUTAGE;  PROVIDED,  HOWEVER,  THAT  NOTHING  HEREIN  LIMITS  THE
COMMISSION'S  AUTHORITY  TO  OTHERWISE COMMENCE A PROCEEDING PURSUANT TO
SECTIONS TWENTY-FOUR AND TWENTY-FIVE OF THIS CHAPTER.
  (D) THE COMMISSION SHALL CERTIFY TO THE DEPARTMENT OF HOMELAND SECURI-
TY  AND  EMERGENCY  SERVICES  THAT  EACH  SUCH  CORPORATION'S  EMERGENCY
RESPONSE  PLAN  IS  SUFFICIENT TO ENSURE TO THE GREATEST EXTENT FEASIBLE
THE TIMELY AND SAFE RESTORATION OF ENERGY SERVICES AFTER AN EMERGENCY.
  S 5. Section 68 of the public service law, as amended by chapter 52 of
the laws of 1940, is amended to read as follows:
  S 68. [Approval of incorporation and franchises; certificate]  CERTIF-
ICATE  OF PUBLIC CONVENIENCE AND NECESSITY.  1. CERTIFICATE REQUIRED. No
gas corporation or electric corporation shall begin  construction  of  a
gas plant or electric plant without first having obtained the permission
and  approval  of the commission. No such corporation shall exercise any
right or privilege under any franchise hereafter granted, or  under  any
franchise  heretofore  granted but not heretofore actually exercised, or
the exercise of which shall have been suspended for more than one  year,
without first having obtained [the permission and approval of] A CERTIF-
ICATE  OF  PUBLIC  CONVENIENCE  AND  NECESSITY ISSUED BY the commission.
Before such certificate shall be issued a certified copy of the  charter
of  such  corporation  shall  be  filed in the office of the commission,
together with a verified statement of the president and secretary of the
corporation, showing that it has received the required  consent  of  the
proper  municipal  authorities. The commission shall have power to grant
the permission and approval herein specified whenever it shall after due
hearing determine that such construction or such exercise of the  right,
privilege  or  franchise  is [necessary or] convenient AND NECESSARY for
the public service. IN MAKING SUCH A DETERMINATION, THE COMMISSION SHALL
CONSIDER THE ECONOMIC FEASIBILITY OF THE CORPORATION, THE  CORPORATION'S
ABILITY TO FINANCE IMPROVEMENTS OF A GAS PLANT OR ELECTRIC PLANT, RENDER
SAFE,  ADEQUATE  AND  RELIABLE  SERVICE, AND PROVIDE JUST AND REASONABLE
RATES, AND WHETHER ISSUANCE OF A CERTIFICATE IS IN THE PUBLIC  INTEREST.
Except  as  provided  in  article [fourteen-a] FOURTEEN-A of the general
municipal law, no municipality shall build,  maintain  and  operate  for
other  than  municipal purposes any works or systems for the manufacture
and supplying of gas or electricity  for  lighting  purposes  without  a
certificate  of  authority granted by the commission. If the certificate
of authority is refused, no further proceedings shall be taken  by  such
municipality  before  the  commission, but a new application may be made
therefor after one year from the date of such refusal.
  2. REVOCATION OR  MODIFICATION  OF  CERTIFICATE.  THE  COMMISSION  MAY
COMMENCE A PROCEEDING TO REVOKE OR MODIFY SUCH CERTIFICATE AS IT RELATES
TO  SUCH CORPORATION'S SERVICE TERRITORY OR ANY PORTION THEREOF BASED ON
GOOD CAUSE SHOWN, WITH THE INQUIRY  INFORMED  BY  CONSIDERATION  OF  THE
FOLLOWING FACTORS:
  (A)  THE  FACTORS  IDENTIFIED  IN  SUBDIVISION ONE OF THIS SECTION FOR
ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY;
  (B) WHETHER ANOTHER PERSON, FIRM OR CORPORATION IS  QUALIFIED,  AVAIL-
ABLE,  AND  PREPARED  TO PROVIDE ALTERNATIVE SERVICE THAT IS ADEQUATE TO
SERVE THE PUBLIC CONVENIENCE AND NECESSITY, AND THAT THE  TRANSITION  TO
SUCH  ALTERNATIVE PERSON, FIRM OR CORPORATION IS IN THE PUBLIC INTEREST;
AND

S. 2608                            27                            A. 3008

  (C) UPON ANY OTHER STANDARDS AND PROCEDURES DEEMED  NECESSARY  BY  THE
COMMISSION  TO  ENSURE  CONTINUITY OF SAFE AND ADEQUATE SERVICE, AND DUE
PROCESS.
  S  6.  Paragraph  d  of  subdivision  1 of section 119-b of the public
service law, as amended by chapter 445 of the laws of 1995,  is  amended
to read as follows:
  d.  "Underground facilities" means pipelines, conduits, ducts, cables,
wires, GAS PRODUCTION AND GATHERING PIPELINE SYSTEMS DESIGNED TO OPERATE
AT THREE HUNDRED POUNDS PER  SQUARE  INCH  GAUGE  OR  HIGHER,  manholes,
vaults  or other such facilities or their attachments[, which have been]
installed underground by an operator to provide services  or  materials.
Such term shall not include oil [and gas] production and gathering pipe-
line  systems  used  primarily  to  collect oil [or gas] production from
wells.
  S 7. Subdivision 4 of section 760 of  the  general  business  law,  as
amended  by  chapter  685  of  the  laws  of 1994, is amended to read as
follows:
  4. "Underground facilities" means pipelines, conduits, ducts,  cables,
wires, GAS PRODUCTION AND GATHERING PIPELINE SYSTEMS DESIGNED TO OPERATE
AT  THREE  HUNDRED  POUNDS  PER  SQUARE  INCH GAUGE OR HIGHER, manholes,
vaults or other such facilities or their attachments[, which have  been]
installed  underground  by an operator to provide services or materials.
Such term shall not include oil [and gas] production and gathering pipe-
line systems used primarily to collect  oil  [or  gas]  production  from
wells.
  S 8. Paragraphs a and b of subdivision 1 of section 765 of the general
business law, as amended by chapter 685 of the laws of 1994, are amended
to read as follows:
  a.  Failure to comply with any provision of this article shall subject
an excavator or an operator to a civil penalty of up to [one] TWO  thou-
sand  FIVE  HUNDRED  dollars  for the first violation and up to an addi-
tional [seven] TEN thousand [five hundred] dollars for  each  succeeding
violation  [which]  THAT occurs [in connection with the entire self-same
excavation or demolition activity] within a [two] TWELVE month period.
  b. The penalties provided for by this article shall not  apply  to  an
excavator  who damages an underground facility due to the failure of the
operator to comply with any of the provisions of this article nor  shall
in  such  instance  the excavator be liable for repairs as prescribed in
subdivision [five] FOUR of this section.
  S 9. This act shall take effect immediately.

                                 PART P

  Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
executive  law  relating to permitting the secretary of state to provide
special handling for all documents filed or issued by  the  division  of
corporations  and to permit additional levels of such expedited service,
as amended by section 1 of part L of chapter 60 of the laws of 2011,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full  force  and
effect  on  and  after  April  1, 2003 and shall expire March 31, [2013]
2014.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2013.

S. 2608                            28                            A. 3008

                                 PART Q

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2013-2014
state fiscal year. Each component is wholly contained within  a  Subpart
identified  as Subparts A through F. The effective date for each partic-
ular provision contained within such Subpart is set forth  in  the  last
section of such Subpart. Any provision in any section contained within a
Subpart,  including  the  effective  date  of the Subpart, 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 corre-
sponding section of the Subpart in which it is found. Section  three  of
this Part sets forth the general effective date of this Part.

                                SUBPART A

  Section  1.  Section 579 of the banking law, as amended by chapter 629
of the laws of 2002, is amended to read as follows:
  S 579. Doing business without license  prohibited.  Only  a  [type  B]
not-for-profit corporation [as defined in section two hundred one of the
not-for-profit corporation law of this state,] or an entity incorporated
in  another  state  and  having  a  similar not-for-profit status, shall
engage in the business of budget planning as defined in subdivision  one
of  section four hundred fifty-five of the general business law [of this
state] except as authorized by this article and without first  obtaining
a license from the superintendent.
  S 2.  The opening paragraph of paragraph 1 of section 5 of the cooper-
ative  corporations  law, as amended by chapter 158 of the laws of 1978,
is amended to read as follows:
  The business corporation law applies to every  corporation  heretofore
or  hereafter  formed  under this chapter, or under any other statute or
special act of this state, or under laws other than the statutes of this
state, [which] THAT has as its purpose or among its purposes the cooper-
ative rendering of mutual help and service to its members and which,  if
formed  under  laws  other than the statutes of this state, would, if it
were to be formed currently under the laws  of  this  state,  be  formed
under this chapter except a membership cooperative as defined in section
three of this chapter, to which the not-for-profit corporation law shall
apply.  Any  corporation  to  which the business corporation law is made
applicable by this section shall be treated as a "corporation,"  "domes-
tic  corporation,"  or  "foreign corporation," as such terms are used in
the business  corporation  law;  provided,  however,  that  neither  the
purposes for which any such corporation may be formed under this chapter
nor  its  classification  as  a  non-profit corporation shall thereby be
extended or affected. Any corporation to which the not-for-profit corpo-
ration law is made applicable by this section shall be [a  type  D  not-
for-profit  corporation]  SUBJECT  TO  PROVISIONS GOVERNING CORPORATIONS
FORMED UNDER SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF SECTION  TWO  HUNDRED
ONE OF THE NOT-FOR-PROFIT CORPORATION LAW.
  S  3.  Subdivision  4  of  section 455 of the general business law, as
amended by chapter 456 of the laws  of  2006,  is  amended  to  read  as
follows:
  4.  Person or entity as used in this article shall not include a [type
B] not-for-profit corporation as defined in section two hundred  one  of
the  not-for-profit corporation law of this state, or an entity incorpo-
rated in another state  and  having  a  similar  not-for-profit  status,

S. 2608                            29                            A. 3008

licensed  by  the superintendent OF FINANCIAL SERVICES, to engage in the
business of budget planning as defined in this section.
  S  4.  Paragraphs  (a)  and  (c)  of section 103 of the not-for-profit
corporation law, paragraph (a) as amended by chapter 807 of the laws  of
1973  and  paragraph  (c) as amended by chapter 961 of the laws of 1972,
are amended to read as follows:
  (a)   Except as otherwise  provided  in  this  section,  this  chapter
applies  to  every  domestic corporation as herein defined, and to every
foreign corporation as herein defined which is authorized to conduct  or
which  conducts any activities in this state.  This chapter also applies
to any other domestic corporation or foreign corporation of any type  or
kind  to  the  extent,  if  any,  provided under this chapter or any law
governing such corporation and, if no such provision for application  is
made,  to  the  extent,  if  any,  that  the membership corporations law
applied to such corporation as of the effective date of this chapter.  A
corporation formed by a special act of this state which has as its prin-
cipal purpose an education purpose and which is a member of the  univer-
sity  of  the  state  of  New  York, is an "education corporation" under
section two hundred sixteen-a of the education law.
  To the extent that the membership  corporations  law  or  the  general
corporation  law applied to it as of the effective date of this chapter,
the corresponding provisions of this  chapter  apply  to  a  corporation
heretofore  formed  by  or pursuant to a special act of this state other
than a religious corporation or an "education corporation" under  clause
(b) of subdivision one of section two hundred sixteen-a of the education
law,  if  (1) its principal purpose is a religious, charitable or educa-
tion purpose, and (2) it is operated, supervised or controlled by or  in
connection  with  a  religious  organization.   Any such corporation may
elect hereunder at any time after the effective date of this chapter  to
file  a RESTATED certificate of [type] INCORPORATION under section [one]
EIGHT hundred [thirteen (Certificate of type  of  not-for-profit  corpo-
ration)]  FIVE  (RESTATED  CERTIFICATE  OF INCORPORATION). SUCH RESTATED
CERTIFICATE OF INCORPORATION SHALL MEET THE REQUIREMENTS OF SECTION  402
(CERTIFICATE  OF  INCORPORATION;  CONTENTS).    Upon  the filing of such
certificate by the department of state, this chapter shall apply in  all
respects to such corporation.
  This  chapter  also  applies  to  any other corporation of any type or
kind, formed not for profit under any other chapter of the laws of  this
state  except  a  chapter  of  the consolidated laws, to the extent that
provisions of this chapter do not conflict with the provisions  of  such
unconsolidated  law.   If an applicable provision of such unconsolidated
law relates to a matter embraced in this chapter but is not in  conflict
therewith,  both  provisions shall apply.  Any corporation to which this
chapter is made applicable by this  paragraph  shall  be  treated  as  a
"corporation"  or  "domestic corporation" as such terms are used in this
chapter, except that the purposes of  any  such  corporation  formed  or
formable  under  such  unconsolidated law shall not thereby be extended.
For the purpose of this paragraph, the effective date of this chapter as
to corporations to which this chapter is made applicable by  this  para-
graph shall be September one, nineteen hundred seventy-three.
  (c)  If  any  provision  in articles one to thirteen inclusive of this
chapter conflicts with a provision of any subsequent articles or of  any
special  act  under which a corporation to which this chapter applies is
formed,  the  provision  in  such  subsequent  article  or  special  act
prevails.    A  provision  of any such subsequent article or special act
relating to a matter referred to in articles one to  thirteen  inclusive

S. 2608                            30                            A. 3008

and  not  in  conflict  therewith  is supplemental and both shall apply.
Whenever the board of a [Type B] corporation  FORMED  FOR  THE  PURPOSES
SPECIFIED  IN  SUBPARAGRAPH  TWO OF PARAGRAPH (B) OF SECTION TWO HUNDRED
ONE  OF  THIS  CHAPTER,  formed under a special act, reasonably makes an
interpretation as to whether a provision of  the  special  act  or  this
chapter prevails, or both apply, such interpretation shall govern unless
and  until a court determines otherwise, if such board has acted in good
faith for a purpose which it reasonably  believes  to  be  in  the  best
interests of the corporation, provided however, that such interpretation
shall not bind any governmental body or officer.
  S  5.  Paragraph  (e) of section 104 of the not-for-profit corporation
law, as amended by chapter 833 of the laws of 1982, is amended  to  read
as follows:
  (e)    If  an instrument which is delivered to the department of state
for filing complies as to form with the requirements of law  [and  there
has  been  attached  to  it the consent or approval of the supreme court
justice, governmental body or officer, or, other person or body, if any,
whose consent to or approval of such instrument or the filing thereof is
required by any statute of this state] and the filing fee  and  tax,  if
any,  required by any statute of this state in connection therewith have
been paid, the instrument shall be filed and indexed by  the  department
of state.  No certificate of authentication or conformity or other proof
shall  be required with respect to any verification, oath or acknowledg-
ment of any instrument delivered to the department of state  under  this
chapter,  if  such verification, oath or acknowledgment purports to have
been made before a notary public, or person  performing  the  equivalent
function,  of  one  of  the  states,  or any subdivision thereof, of the
United States or the District of Columbia. Without limiting  the  effect
of  section  four  hundred three of this chapter, filing and indexing by
the department of state shall not be deemed a finding that a certificate
conforms to law, nor shall it be deemed to constitute an approval by the
department of state of the name of the corporation or  the  contents  of
the  certificate,  nor  shall  it  be  deemed to prevent any person with
appropriate standing from contesting the legality thereof in  an  appro-
priate  forum.  UPON THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF STATE
BY ANY STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY OR OTHER  BODY  THAT  A
DOMESTIC  CORPORATION  OR  FOREIGN  AUTHORIZED CORPORATION HAS FAILED TO
OBTAIN THE CONSENT OR  APPROVAL  OF  SUCH  STATE  OFFICIAL,  DEPARTMENT,
BOARD,  AGENCY  OR  OTHER  BODY  FOR  ANY CERTIFICATE OR INSTRUMENT, THE
CORPORATION'S AUTHORITY TO CARRY ON, CONDUCT OR TRANSACT  ACTIVITIES  IN
THIS  STATE  SHALL BE SUSPENDED.  SUCH SUSPENSION SHALL BE ANNULLED UPON
THE FILING OF A CERTIFICATE OF AMENDMENT WITH THE  REQUIRED  CONSENT  OR
APPROVAL ANNEXED THERETO.
  S  6.  Subparagraph  7 of paragraph (a) of section 112 of the not-for-
profit corporation law, as amended by chapter 1058 of the laws of  1971,
is amended to read as follows:
  (7)    To  enforce  any  right  given under this chapter to members, a
director or an officer of a [Type B or Type C]  corporation  FORMED  FOR
THE  PURPOSES  SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH
(B) OF SECTION TWO HUNDRED ONE OF THIS CHAPTER.    The  attorney-general
shall have the same status as such members, director or officer.
  S 7. Section 113 of the not-for-profit corporation law is REPEALED.
  S  8.  Section  114 of the not-for-profit corporation law, as added by
chapter 847 of the laws of 1970, is amended to read as follows:
S 114. Visitation of supreme court.

S. 2608                            31                            A. 3008

  [Type B and Type C corporations] CORPORATIONS FORMED FOR THE  PURPOSES
SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH (B) OF SECTION
TWO HUNDRED ONE OF THIS CHAPTER, whether formed under general or special
laws,  with their books and vouchers, shall be subject to the visitation
and  inspection  of  a  justice  of  the supreme court, or of any person
appointed by the court for that purpose.  If it appears by the  verified
petition  of  a  member or creditor of any such corporation, that it, or
its directors, officers or agents, have misappropriated any of the funds
or property of the corporation, or diverted them from the purpose of its
incorporation, or that the corporation has acquired property  in  excess
of  the  amount which it is authorized by law to hold, or has engaged in
any business other than that stated in its certificate of incorporation,
the court may order that notice of at least eight days, with a  copy  of
the  petition, be served on the corporation and the persons charged with
misconduct, requiring them to show cause at a time and place  specified,
why  they  should  not  be  required  to  make and file an inventory and
account of the property, effects and  liabilities  of  such  corporation
with  a  detailed statement of its transactions during the twelve months
next preceding the granting of such order.    On  the  hearing  of  such
application,  the  court  may  make  an  order requiring such inventory,
account and statement to be filed, and proceed  to  take  and  state  an
account  of  the  property  and  liabilities  of the corporation, or may
appoint a referee for that purpose.   When such  account  is  taken  and
stated,  after hearing all the parties to the application, the court may
enter a final order determining the amount of property so  held  by  the
corporation,  its annual income, whether any of the property or funds of
the corporation have been  misappropriated  or  diverted  to  any  other
purpose  than  that  for  which  such  corporation was incorporated, and
whether such corporation has been engaged in any activity not covered by
its certificate of incorporation.  An appeal may be taken from the order
by any party aggrieved to the appellate division of the  supreme  court,
and to the court of appeals, as in a civil action.  No corporation shall
be  required to make and file more than one inventory and account in any
one year, nor to make a second account and inventory, while  proceedings
are pending for the statement of an account under this section.
  S  9.  Paragraph  (b) of section 201 of the not-for-profit corporation
law, as amended by chapter 847 of the laws of 1970, is amended  to  read
as follows:
  (b)  A  corporation,  [of  a  type  and]  for a purpose or purposes as
follows, may be formed under this chapter,  provided  consents  required
under any other statute of this state have been obtained:
  [Type A - A not-for-profit corporation of this type may be formed] (1)
for  any  lawful  non-business  purpose  or  purposes including, but not
limited to, any one or more of  the  following  non-pecuniary  purposes:
civic,  patriotic, political, social, fraternal, athletic, agricultural,
horticultural, animal husbandry, and  for  a  professional,  commercial,
industrial, trade or service association.
  [Type B - A not-for-profit corporation of this type may be formed] (2)
for  any one or more of the following non-business purposes: charitable,
educational,  religious,  scientific,  literary,  cultural  or  for  the
prevention of cruelty to children or animals.
  [Type C - A not-for-profit corporation of this type may be formed] (3)
for  any  lawful  business  purpose to achieve a lawful public or quasi-
public objective.
  [Type D - A not-for-profit corporation of  this  type  may  be  formed
under  this  chapter] (4) when such formation is authorized by any other

S. 2608                            32                            A. 3008

corporate law of this state for any business or non-business, or pecuni-
ary or non-pecuniary, purpose or purposes specified by such  other  law,
whether such purpose or purposes are also within [types A, B, C] SUBPAR-
AGRAPHS ONE, TWO OR THREE above or otherwise.
  S  10.  Paragraph (c) of section 201 of the not-for-profit corporation
law, as amended by chapter 1058 of the laws of 1971, is amended to  read
as follows:
  (c)  If  a  corporation  is formed for purposes which are [within both
type A and type B above, it  is  a  type  B  corporation]  SPECIFIED  IN
SUBPARAGRAPHS  ONE  AND  TWO  OF  PARAGRAPH  (B)  OF  THIS  SECTION, ALL
PROVISIONS GOVERNING  CORPORATIONS  FORMED  FOR  PURPOSES  SPECIFIED  IN
SUBPARAGRAPH  TWO  OF  PARAGRAPH (B) OF THIS SECTION SHALL APPLY TO SUCH
CORPORATION.  [If a corporation has among its purposes any purpose which
is within type C, such corporation is a type C corporation.] A [type  D]
corporation  [is  subject  to  all  provisions of this chapter which are
applicable to a type B corporation under this chapter]  FORMED  PURSUANT
TO  SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF THIS SECTION SHALL BE GOVERNED
BY ALL PROVISIONS GOVERNING CORPORATIONS FORMED FOR  PURPOSES  SPECIFIED
IN  PARAGRAPH  TWO OF SUBDIVISION (B) OF THIS SECTION unless provided to
the contrary in, and subject to the contrary provisions  of,  the  other
corporate law authorizing formation under this chapter of [the type D]
 SUCH corporation.
  S  11.  Subparagraph 3 of paragraph (a) of section 301 of the not-for-
profit corporation law is amended to read as follows:
  (3)  Shall not contain any word or  phrase,  or  any  abbreviation  or
derivative  thereof,  the  use  of  which is prohibited or restricted by
[section 404 (Approvals and consents) or]  any  other  statute  of  this
state,  [unless  in  the latter case the] EXCEPT IN COMPLIANCE WITH SUCH
restrictions [have been complied with].
  S 12. Subparagraphs 2 and 4 of paragraph (a) of  section  402  of  the
not-for-profit corporation law, subparagraph 2 as amended by chapter 847
of  the laws of 1970 and subparagraph 4 as amended by chapter 679 of the
laws of 1985, are amended to read as follows:
  (2) That the corporation is a corporation as defined  in  subparagraph
(a)  (5) of section 102 (Definitions); the purpose or purposes for which
it is formed [and the type of corporation it shall be under section  201
(Purposes)];  and  in  the  case  of  a  [Type C] corporation FORMED FOR
PURPOSES SPECIFIED IN SUBPARAGRAPH THREE OF PARAGRAPH (B) OF SECTION 201
(PURPOSES), the lawful public or  quasi-public  objective  [which]  each
business purpose will achieve.
  (4)  [In the case of a Type A, Type B, or Type C corporation, the] THE
names and addresses of the initial directors. In the case of a [Type  D]
corporation  FORMED  UNDER SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF SECTION
201, the names and addresses of the initial directors, if any,  may  but
need not be set forth.
  S  13.  Paragraph (d) of section 502 of the not-for-profit corporation
law is amended to read as follows:
  (d) A member's capital contribution shall be evidenced  by  a  capital
certificate which shall be non-transferable, except that the certificate
of incorporation of a [Type A] corporation FORMED FOR THE PURPOSES SPEC-
IFIED IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SECTION TWO HUNDRED ONE OF
THIS CHAPTER may provide that its capital certificates, or some of them,
may be transferable to other members with the consent of the corporation
upon specified terms and conditions.

S. 2608                            33                            A. 3008

  S  14.  Paragraph (b) of section 503 of the not-for-profit corporation
law, subparagraph 1 as amended by chapter 847 of the laws  of  1970,  is
amended to read as follows:
  (b)  Each  capital  certificate  shall when issued state upon the face
thereof:
  [(1) That the corporation is a Type .....  corporation  under  section
113 or section 402 of the New York Not-for-Profit Corporation Law.
  (2)] (1) The name of the member to whom issued.
  [(3)] (2) The amount of the member's capital contribution evidenced by
such certificate.
  [(4)]  (3)  If  appropriate,  [that the corporation is a Type A corpo-
ration, and] IN THE CASE OF A CORPORATION FORMED  FOR  THE  PURPOSES  OF
SUBPARAGRAPH  (1)  OF  PARAGRAPH (B) OF SECTION 201 (PURPOSES), that its
certificate of incorporation provides that the  capital  certificate  is
transferable to other members with the consent of the corporation.
  S  15.  Subparagraph 1 of paragraph (b) of section 505 of the not-for-
profit corporation law, as amended by chapter 847 of the laws  of  1970,
is  REPEALED, and subparagraphs 2, 3, 4, 5 and 6 are renumbered subpara-
graphs 1, 2, 3, 4, and 5.
  S 16. Subparagraph 3 of paragraph (a) of section 510 of  the  not-for-
profit  corporation  law, as amended by chapter 847 of the laws of 1970,
is amended to read as follows:
  (3) If the corporation is, or would be if formed under this  chapter[,
classified  as a Type B or Type C corporation under] FOR PURPOSES SPECI-
FIED IN SUBPARAGRAPH TWO OR THREE  OF  PARAGRAPH  (B)  OF  section  201,
(Purposes)  such  A  sale, lease, exchange or other disposition shall in
addition require leave of the supreme court in the judicial district  or
of  the  county  court  of  the  county in which the corporation has its
office or principal place of carrying out the purposes for which it  was
formed.
  S  17.  Paragraph (a) of section 513 of the not-for-profit corporation
law, as amended by chapter 690 of the laws of 1978, is amended  to  read
as follows:
  (a)  [A]  UNLESS  OTHERWISE  PROVIDED  BY LAW OR IN THE CERTIFICATE OF
INCORPORATION, A corporation [which is, or would be if formed under this
chapter, classified as a Type B corporation shall] MAY hold full  owner-
ship  rights in any assets consisting of funds or other real or personal
property of any kind, that may be given, granted, bequeathed or  devised
to  or  otherwise  vested  in  such  corporation in trust for, or with a
direction to apply the same to, any purpose specified in its certificate
of incorporation, and shall not be deemed a trustee of an express  trust
of such assets, EXCEPT FOR CORPORATIONS FORMED FOR PURPOSES SPECIFIED IN
SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SECTION 201 (PURPOSES).  [Any other
corporation  subject  to  this  chapter  may  similarly  hold  assets so
received, unless otherwise provided by law  or  in  the  certificate  of
incorporation.]
  S  18.  Paragraph (a) of section 601 of the not-for-profit corporation
law, as amended by chapter 1058 of the laws of 1971, is amended to  read
as follows:
  (a) A corporation [shall] MAY have one or more classes of members, or,
[in  the  case  of a Type B corporation,] may have no members[, in which
case any such provision for classes of members or  for  no  members].  A
CORPORATION  WHICH  HAS  ONE  OR  MORE CLASSES OF MEMBERS shall [be] set
forth in the certificate of incorporation or the by-laws PROVISIONS  FOR
SUCH  CLASSES OF MEMBERS.  Corporations, joint-stock associations, unin-

S. 2608                            34                            A. 3008

corporated associations and partnerships, as well as  any  other  person
without limitation, may be members.
  S  19.  Subparagraph 3 of paragraph (a) of section 803 of the not-for-
profit corporation law, as added by chapter 168 of the laws of 1982,  is
amended to read as follows:
  (3)  That  the corporation is a corporation as defined in subparagraph
(a) (5) of section 102 (Definitions)[; the type  of  corporation  it  is
under  section  201  (Purposes);  and  if  the  corporate  purposes  are
enlarged, limited or otherwise changed, the type of corporation it shall
thereafter be under section 201].
  S 20. Subparagraph (ii) of paragraph (a) of section 804  of  the  not-
for-profit  corporation  law,  as  amended by chapter 139 of the laws of
1993, is amended to read as follows:
  (ii) Every certificate of amendment of a  corporation  [classified  as
type  B  or type C under section 201 (Purposes)] FORMED FOR THE PURPOSES
SPECIFIED IN SUBPARAGRAPH TWO OR THREE OF PARAGRAPH (B) OF  SECTION  201
which  seeks to change or eliminate a purpose or power enumerated in the
corporation's certificate of incorporation, or to add a power or purpose
not enumerated therein, shall have endorsed thereon or  annexed  thereto
the  approval of a justice of the supreme court of the judicial district
in which the office of the corporation is  located.  Ten  days'  written
notice of the application for such approval shall be given to the attor-
ney-general.
  S  21.  Paragraphs  (a)  and  (c) of section 907 of the not-for-profit
corporation law are amended to read as follows:
  (a) [Where any constituent corporation or the consolidated corporation
is, or would be if formed under this chapter, a  Type  B  or  a  Type  C
corporation under section 201 (Purposes) of this chapter, no] NO certif-
icate  shall  be filed pursuant to section 904 (Certificate of merger or
consolidation; contents) or  section  906  BY  CORPORATIONS  (Merger  or
consolidation  of  domestic  and  foreign  corporations)  FORMED FOR THE
PURPOSES SPECIFIED IN SUBPARAGRAPH TWO OR  THREE  OF  PARAGRAPH  (B)  OF
SECTION 201 until an order approving the plan of merger or consolidation
and  authorizing  the  filing  of  the  certificate has been made by the
supreme court, as provided in this section. A  certified  copy  of  such
order  shall  be  annexed to the certificate of merger or consolidation.
Application for the order may be made in the judicial district in  which
the  principal office of the surviving or consolidated corporation is to
be located, or in which the office of one of  the  domestic  constituent
corporations  is  located.  The  application  shall  be  made by all the
constituent corporations jointly and shall set forth  by  affidavit  (1)
the  plan  of  merger  or  consolidation,  (2)  the approval required by
section 903 (Approval of plan) or paragraph (b) of section  906  (Merger
or consolidation of domestic and foreign corporations) for each constit-
uent  corporation, (3) the objects and purposes of each such corporation
to be promoted by the consolidation, (4) a statement  of  all  property,
and  the  manner  in which it is held, and of all liabilities and of the
amount and sources of the annual income of each  such  corporation,  (5)
whether  any votes against adoption of the resolution approving the plan
of merger or consolidation were cast at the meeting at which the  resol-
ution  as adopted by each constituent corporation, and (6) facts showing
that the consolidation is authorized by the laws  of  the  jurisdictions
under which each of the constituent corporations is incorporated.
  (c)  If  the  court  shall  find  that any of the assets of any of the
constituent corporations are held for [a] ANY purpose specified [as Type
B] in SUBPARAGRAPH  TWO  OR  THREE  OF  paragraph  (b)  of  section  201

S. 2608                            35                            A. 3008

(PURPOSES)  or are legally required to be used for a particular purpose,
but not upon a condition requiring return,  transfer  or  conveyance  by
reason of the merger or consolidation, the court may, in its discretion,
direct  that  such assets be transferred or conveyed to the surviving or
consolidated corporation subject to such purpose or use,  or  that  such
assets  be  transferred  or  conveyed  to  the surviving or consolidated
corporation or to one or more other domestic or foreign corporations  or
organizations  engaged  in  substantially  similar  activities,  upon an
express trust the terms of which shall be approved by the court.
  S 22. Paragraphs (a) and (f) of  section  908  of  the  not-for-profit
corporation law are amended to read as follows:
  (a)  One  or more domestic or foreign corporations [which is, or would
be if formed under this chapter, a type A or type  C  corporation  under
section 201 (Purposes)] may be merged or consolidated into a domestic or
foreign  corporation  which  is, or would be if formed under the laws of
this state, a corporation formed under the business corporation  law  of
this state if such merger or consolidation is not contrary to the law of
the  state of incorporation of any constituent corporation. With respect
to such merger or consolidation,  any  reference  in  paragraph  (b)  of
section  901  [of  this  article]  (POWER OF MERGER OR CONSOLIDATION) or
paragraph (b) of section 901 of the business corporation law to a corpo-
ration shall, unless the context otherwise requires, include both domes-
tic and foreign corporations.
  (f) [Where any constituent corporation is, or would be if formed under
this chapter, a Type C corporation under section 201 (Purposes), no]  NO
certificate  shall  be  filed  pursuant  to this section BY CORPORATIONS
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO OR THREE OF  PARA-
GRAPH  (B) OF SECTION 201 until an order approving the plan of merger or
consolidation and authorizing the filing of  the  certificate  has  been
made  by  the supreme court, as provided in section 907 (Approval by the
supreme court).
  S 23. Paragraphs (b) and (c) and subparagraph 3 of  paragraph  (d)  of
section  1001 of the not-for-profit corporation law, as amended by chap-
ter 434 of the laws of 2006, are amended to read as follows:
  (b) If [the] A corporation [is a Type  B,  C  or  D  corporation  and]
FORMED  FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF
PARAGRAPH (B) OF SECTION TWO HUNDRED ONE OF THIS CHAPTER has  no  assets
to distribute and no liabilities at the time of dissolution, the plan of
dissolution shall include a statement to that effect.
  (c)  If  [the]  A  corporation  [is  a Type B, C or D corporation and]
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR  OF
PARAGRAPH  (B)  OF SECTION TWO HUNDRED ONE OF THIS CHAPTER has no assets
to distribute, other than a reserve not to exceed  twenty-five  thousand
dollars  for  the  purpose  of paying ordinary and necessary expenses of
winding up its affairs  including  attorney  and  accountant  fees,  and
liabilities  not  in  excess  of  ten  thousand  dollars  at the time of
adoption of the plan of  dissolution,  the  plan  of  dissolution  shall
include a statement to that effect.
  (3)  if there are assets received and held by the corporation [either]
for a purpose specified [as Type B] in  SUBPARAGRAPH  TWO  OR  THREE  OF
paragraph  (b)  of  section  201  (Purposes) or [which] THAT are legally
required to be used for a  particular  purpose,  a  statement  that  the
assets  owned  by  the corporation, subject to any unpaid liabilities of
the corporation, shall be distributed as required by any gift instrument
or to a charitable organization or organizations  exempt  from  taxation
pursuant  to  federal  and state laws and engaged in activities substan-

S. 2608                            36                            A. 3008

tially similar to those of the dissolved corporation.  Each such recipi-
ent organization shall be identified and the  governing  instrument  and
amendments thereto of each of the proposed recipient organizations shall
be  annexed  to such statement, along with the financial reports of each
recipient organization for the last three years and  a  sworn  affidavit
from  a  director and officer of each recipient organization stating the
purposes of the organization, and  that  it  is  currently  exempt  from
federal income taxation.
  S  24.  Paragraphs  (a)  and (d) of section 1002 of the not-for-profit
corporation law, as amended by chapter 434 of  the  laws  of  2006,  are
amended to read as follows:
  (a)  Upon  adopting  a plan of dissolution and distribution of assets,
the board shall submit it to a vote of the members,  if  any,  and  such
plan  shall  be  approved  at a meeting of members by two-thirds vote as
provided in paragraph (c) of section 613 (Vote  of  members);  provided,
however,  that  if  the  corporation  is  [a Type B, C or D corporation]
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR  OF
PARAGRAPH  (B)  OF SECTION TWO HUNDRED ONE OF THIS CHAPTER, other than a
corporation incorporated pursuant to article 15 (Public cemetery  corpo-
rations), [and] has no assets to distribute, other than a reserve not to
exceed  twenty-five  thousand dollars for the purpose of paying ordinary
and necessary expenses of winding up its affairs including attorney  and
accountant  fees,  and liabilities not in excess of ten thousand dollars
at the time of adoption of the plan of dissolution, the vote required by
the corporation's board of directors for adoption of the plan of dissol-
ution of such a corporation or by  the  corporation's  members  for  the
authorization thereof shall be:
  (1) In the case of a vote by the board of directors: (i) the number of
directors required under the certificate of incorporation, by-laws, this
chapter and any other applicable law; or
  (ii) if the number of directors actually holding office as such at the
time  of  the vote to adopt the plan is less than the number required to
constitute a quorum of directors under the certificate of incorporation,
the by-laws, this chapter or any other  applicable  law,  the  remaining
directors unanimously;
  (2)  In  the  case of a vote by the members, (i) the number of members
required under the certificate of incorporation, by-laws,  this  chapter
and  any other applicable law; or (ii) by the vote of members authorized
by an order of the supreme court pursuant to section 608 [of this  chap-
ter]  (QUORUM  AT  MEETING  OF  MEMBERS)  permitting  the corporation to
dispense with the applicable quorum requirement.
  Notice of a special or regular meeting of the board of directors or of
the members entitled to vote on adoption and authorization  or  approval
of  the  plan  of  dissolution  shall  be  sent to all the directors and
members of record entitled to vote. Unless otherwise directed  by  order
of  the  supreme court pursuant to section 608 [of this chapter] (QUORUM
AT MEETING OF MEMBERS), the notice shall  be  sent  by  certified  mail,
return  receipt  requested,  to the last known address of record of each
director and member not fewer than thirty, and not more than sixty  days
before  the  date  of  each  meeting provided, however, that if the last
known address of record of any director or  member  is  not  within  the
United  States,  the  notice to such director shall be sent by any other
reasonable means.
  (d) The plan of dissolution and  distribution  of  assets  shall  have
annexed  thereto  the  approval of a justice of the supreme court in the
judicial district in which the office of the corporation is  located  in

S. 2608                            37                            A. 3008

the case of a [Type B, C or D]corporation FORMED FOR THE PURPOSES SPECI-
FIED  IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH (B) OF SECTION TWO
HUNDRED ONE OF THIS CHAPTER, and in the case of  any  other  corporation
which  holds  assets  at  the time of dissolution legally required to be
used for a particular purpose, except that no  such  approval  shall  be
required with respect to the plan of dissolution of a corporation, other
than  a corporation incorporated pursuant to article 15 (Public cemetery
corporations), which has no assets to distribute at the time of  dissol-
ution,  other  than a reserve not to exceed twenty-five thousand dollars
for the purpose of paying ordinary and necessary expenses of winding  up
its  affairs including attorney and accountant fees, and liabilities not
in excess of ten thousand dollars,  and  which  has  complied  with  the
requirements  of  section  1001 (Plan of dissolution and distribution of
assets) and this section applicable to such a  corporation.  Application
to the supreme court for an order for such approval shall be by verified
petition,  with  the  plan of dissolution and distribution of assets and
certified copies of the consents  prescribed  by  this  section  annexed
thereto, and upon ten days written notice to the attorney general accom-
panied by copies of such petition, plan and consents. In such case where
approval  of  a justice of the supreme court is not required for a [Type
B, C or D] corporation FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH
TWO, THREE OR FOUR OF PARAGRAPH (B) OF SECTION TWO HUNDRED ONE  OF  THIS
CHAPTER,  a copy of such plan certified under penalties of perjury shall
be filed with the attorney general within ten days  after  its  authori-
zation.
  S  25.  Subparagraph  1 of paragraph (c) of section 1002-a of the not-
for-profit corporation law, as amended by chapter 434  of  the  laws  of
2006, is amended to read as follows:
  (1) assets received and held by the corporation [either] for a purpose
specified  [as  Type B] in SUBPARAGRAPH TWO OR THREE OF paragraph (b) of
section 201 (Purposes) or which are legally required to be  used  for  a
particular  purpose,  shall  be  distributed  to one or more domestic or
foreign  corporations  or  other  organizations  engaged  in  activities
substantially  similar to those of the dissolved corporation pursuant to
the plan of dissolution and distribution or, if applicable,  as  ordered
by  the court to which such plan is submitted for approval under section
1002 (Authorization of plan). Any disposition of assets contained  in  a
will  or  other  instrument, in trust or otherwise, made before or after
the dissolution, to or for the benefit of any corporation  so  dissolved
shall  inure  to  or  for the benefit of the corporation or organization
acquiring such assets of the dissolved corporation as provided  in  this
section,  and so far as is necessary for that purpose the corporation or
organization acquiring such disposition shall be deemed a  successor  to
the  dissolved corporation with respect to such assets; provided, howev-
er, that such disposition shall be devoted by the acquiring  corporation
or organization to the purposes intended by the testator, donor or gran-
tor.
  S  26. Subparagraph 4 of paragraph (a) of section 1003 of the not-for-
profit corporation law is REPEALED and subparagraphs 5, 6, 7 and  8  are
renumbered subparagraphs 4, 5, 6 and 7.
  S  27. Subparagraph 2 of paragraph (b) of section 1003 of the not-for-
profit corporation law, as amended by chapter 434 of the laws  of  2006,
is amended to read as follows:
  (2)  By  the attorney general in the case of a [Type B, C or D] corpo-
ration FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO,  THREE  OR
FOUR OF PARAGRAPH (B) OF SECTION TWO HUNDRED ONE OF THIS CHAPTER, or any

S. 2608                            38                            A. 3008

other  corporation  that holds assets at the time of dissolution legally
required to be used for a particular purpose.
  S 28. Subparagraph 15 of paragraph (a) of section 1008 of the not-for-
profit  corporation  law, as amended by chapter 434 of the laws of 2006,
is amended to read as follows:
  (15) Where assets were received and held by the corporation either for
a purpose specified [as Type B] in SUBPARAGRAPH TWO OR  THREE  OF  para-
graph (b) of section 201 (Purposes), or were legally required to be used
for a particular purpose, the distribution of such assets to one or more
domestic  or  foreign  corporations  or  other  organizations engaged in
activities substantially similar to those of the dissolved  corporation,
on notice to the attorney general and to such other persons, and in such
manner, as the court may deem proper.
  S  29. Subparagraph 6 of paragraph (a) of section 1012 of the not-for-
profit corporation law is REPEALED.
  S 30. Section 1302 of the not-for-profit corporation law,  as  amended
by chapter 847 of the laws of 1970, is amended to read as follows:
S 1302. Application to existing authorized foreign corporations.
  Every  foreign corporation which on the effective date of this chapter
is authorized to conduct activities in this state under a certificate of
authority heretofore issued to  it  by  the  secretary  of  state  shall
continue to have such authority.  Such foreign corporation, its members,
directors,  and  officers  shall  have  the same rights, franchises, and
privileges and shall be subject to the same  limitations,  restrictions,
liabilities,  and  penalties  as  a foreign corporation authorized under
this chapter, its members, directors,  and  officers  respectively.    A
foreign  corporation  [may  by amendment to its certificate of authority
set forth the type of corporation it is under  section  201  (Purposes);
and  in  the absence of such amendment an authorized foreign corporation
shall be a Type B corporation] SHALL BE SUBJECT TO PROVISIONS  GOVERNING
CORPORATIONS  FORMED  UNDER SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SECTION
201, UNLESS OTHERWISE REQUIRED BY LAW.  Reference in this chapter to  an
application  for authority shall, unless the context otherwise requires,
include the statement and designation and any amendment thereof required
to be filed by the secretary of state under prior statutes to  obtain  a
certificate of authority.
  S  31. Subparagraph 4 of paragraph (a) of section 1304 of the not-for-
profit corporation law, as amended by chapter 847 of the  laws  of  1970
and as renumbered by chapter 590 of the laws of 1982, is amended to read
as follows:
  (4)  That  the  corporation  is  a  foreign  corporation as defined in
subparagraph (a) (7) of section 102 (Definitions); [the type  of  corpo-
ration  it  shall  be  under section 201 (Purposes);] a statement of its
purposes to be pursued in this state and  of  the  activities  which  it
proposes  to conduct in this state; a statement that it is authorized to
conduct those activities in the jurisdiction of its  incorporation;  and
in  the case of a [Type C] corporation FORMED FOR THE PURPOSES SPECIFIED
IN SUBPARAGRAPH THREE OF PARAGRAPH (B) OF SECTION 201, the lawful public
or quasi-public objective which each business purpose will achieve.
  S 32. Paragraph (a) of section 1321 of the not-for-profit  corporation
law,  subparagraphs  1, 2 and 3 as amended by chapter 847 of the laws of
1970, are amended to read as follows:
  (a)  Notwithstanding any other provision of this  chapter,  a  foreign
corporation  conducting  activities  in  this  state which is authorized
under this article, its directors, officers and members, shall be exempt
from the provisions of paragraph  (e)  of  section  1317  (Voting  trust

S. 2608                            39                            A. 3008

records), subparagraph (a) (1) of section 1318 (Liabilities of directors
and  officers  of  foreign  corporations),  and  subparagraph (a) (2) of
section 1320 (Applicability of other provisions) if when such  provision
would otherwise apply[:
  (1)  The  corporation is a Type A corporation under this chapter; its]
THE CORPORATION'S principal activities are conducted outside this state;
the greater part of its property is located outside this state; and  (1)
less than one third of its members are residents of this state; or
  (2)   [The corporation is a Type B corporation under this chapter; its
principal activities are conducted outside this state; the greater  part
of  its  property  is located outside this state; and] less than ten per
cent of its annual revenues is derived from solicitation of funds within
this state; or
  (3)  [The corporation is a Type C corporation under this chapter;  its
principal  activities are conducted outside this state; the greater part
of its property is located outside this state; and] less than  one  half
of  its  revenues  for the preceding three fiscal years, or such portion
thereof as the foreign corporation was in existence,  was  derived  from
sources within this state.
  S 33.  Paragraph (d) of section 1401 of the not-for-profit corporation
law is REPEALED and paragraph (e) is relettered paragraph (d).
  S  34. Paragraph (b) of section 1402 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d), (e), (f), (g), (h) and (i)  are
relettered paragraphs (b), (c), (d), (e), (f), (g) and (h).
  S  35. Paragraph (c) of section 1403 of the not-for-profit corporation
law is REPEALED.
  S 36. Paragraph (b) of section 1404 of the not-for-profit  corporation
law  is  REPEALED  and  paragraphs (c), (d) and (e) are relettered para-
graphs (b), (c) and (d).
  S 37. Paragraph (b) of section 1405 of the not-for-profit  corporation
law  is  REPEALED  and  paragraphs  (c), (d), (e) and (f) are relettered
paragraphs (b), (c) (d) and (e).
  S 38. Paragraph (b) of section 1406 of the not-for-profit  corporation
law  is  REPEALED  and  paragraphs  (c), (d), (e) and (f) are relettered
paragraphs (b), (c), (d) and (e).
  S 39. Paragraph (b) of section 1407 of the not-for-profit  corporation
law is REPEALED and paragraphs (c) and (d) are relettered paragraphs (b)
and (c).
  S  40. Paragraph (b) of section 1408 of the not-for-profit corporation
law is REPEALED and paragraph (c) is relettered paragraph (b).
  S 41. Paragraph (b) of section 1409 of the not-for-profit  corporation
law  is  REPEALED  and paragraphs (c), (d), (e), (f), (g), (h), (i), (j)
and (k) are relettered paragraphs (b), (c), (d), (e), (f), (g), (h), (i)
and (j).
  S 42. Paragraph (b) of section 1410 of the not-for-profit  corporation
law is REPEALED and paragraph (c) is relettered paragraph (b).
  S  43. Paragraph (b) of section 1411 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d), (e), (f), (g), (h) and (i)  are
relettered paragraphs (b), (c), (d), (e), (f), (g) and (h).
  S  44. Paragraph (d) of section 1412 of the not-for-profit corporation
law is REPEALED and paragraphs (e), (f) and  (g)  are  relettered  para-
graphs (d), (e) and (f), respectively.
  S  45. Paragraph (c) of section 1505 of the not-for-profit corporation
law is REPEALED and paragraph (d) is relettered paragraph (c).

S. 2608                            40                            A. 3008

  S 46. Subdivision 2 of section 2-b of the religious  corporations  law
is  REPEALED  and subdivisions 3 and 4 are renumbered subdivisions 2 and
3.
  S  47.  This  act shall take effect on the sixtieth day after it shall
have become a law.

                                SUBPART B

  Section 1. Paragraph (e) of section 104 of  the  business  corporation
law,  as  amended by chapter 832 of the laws of 1982, is amended to read
as follows:
  (e) If an instrument which is delivered to the department of state for
filing complies as to form  with  the  requirements  of  law  and  WHERE
REQUIRED  BY  STATUTE  there  has  been  attached  to  it the consent or
approval of the state official, [department,  board,]  agency  or  other
body,  if  any,  whose  consent to or approval of such instrument or the
filing thereof is required by any statute of this state and  the  filing
fee and tax, if any, required by any statute of this state in connection
therewith  have  been paid, the instrument shall be filed and indexed by
the department of state. No certificate of authentication or  conformity
or  other proof shall be required with respect to any verification, oath
or acknowledgment of any instrument delivered to the department of state
under  this  chapter,  if  such  verification,  oath  or  acknowledgment
purports  to have been made before a notary public, or person performing
the equivalent function, of one of the states, or any subdivision there-
of, of the United States or the District of Columbia.  Without  limiting
the  effect  of  section  four hundred three of this chapter, filing and
indexing by the department of state shall not be deemed a finding that a
certificate conforms to law, nor shall it be  deemed  to  constitute  an
approval  by  the  department of state of the name of the corporation or
the contents of the certificate, nor shall it be deemed to  prevent  any
person with appropriate standing from contesting the legality thereof in
an appropriate forum. UPON THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF
STATE  BY  ANY  STATE  OFFICIAL, DEPARTMENT, BOARD, AGENCY OR OTHER BODY
THAT A DOMESTIC CORPORATION OR FOREIGN AUTHORIZED CORPORATION HAS FAILED
TO OBTAIN THE CONSENT OR APPROVAL OF SUCH  STATE  OFFICIAL,  DEPARTMENT,
BOARD,  AGENCY  OR  OTHER  BODY  FOR  ANY CERTIFICATE OR INSTRUMENT, THE
CORPORATION'S AUTHORITY TO CARRY ON, CONDUCT  OR  TRANSACT  BUSINESS  IN
THIS  STATE  SHALL  BE SUSPENDED. SUCH SUSPENSION SHALL BE ANNULLED UPON
THE FILING OF A CERTIFICATE OF AMENDMENT WITH THE  REQUIRED  CONSENT  OR
APPROVAL ANNEXED THERETO.
  S 2. Paragraphs (b) and (e) of section 201 of the business corporation
law,  paragraph  (b)  as amended by chapter 182 of the laws of 1981, and
paragraph (e) as amended by section 71 of part A of chapter  58  of  the
laws of 2010, are amended to read as follows:
  (b)  [The]  CERTIFICATION  THAT  approval  of  the industrial board of
appeals HAS BEEN OBTAINED is required for the filing with the department
of state of any certificate of incorporation, certificate of  merger  or
consolidation  or  application of a foreign corporation for authority to
do business in this state which states as the  purpose  or  one  of  the
purposes  of  the corporation the formation of an organization of groups
of working men or women or wage earners, or the  performance,  rendition
or  sale  of services as labor consultant or as advisor on labor-manage-
ment relations  or  as  arbitrator  or  negotiator  in  labor-management
disputes.

S. 2608                            41                            A. 3008

  (e) A corporation may not include as its purpose or among its purposes
the  establishment  or  maintenance  of a hospital or facility providing
health related services, as those terms are defined in  article  twenty-
eight  of  the public health law unless its certificate of incorporation
shall  so  state  and  such certificate [shall have annexed thereto the]
INCLUDES A CERTIFICATION THAT approval of the public health  and  health
planning council OF SUCH PURPOSE HAS BEEN OBTAINED.
  S  3.  Clause (B) of subparagraph 5 of paragraph (a) of section 301 of
the business corporation law, as amended by chapter 155 of the  laws  of
2012, is amended to read as follows:
  (B)  Shall not contain any of the following words, or any abbreviation
or derivative thereof:
   acceptance             endowment           loan
   annuity                fidelity            mortgage
   assurance              finance             savings
   bank                   guaranty            surety
   benefit                indemnity           title
   bond                   insurance           trust
   casualty               investment          underwriter
   doctor                 lawyer
unless the [approval of the  superintendent  of  financial  services  is
attached  to  the]  certificate  of  incorporation,  or  application for
authority or amendment thereof INCLUDES A CERTIFICATION THAT APPROVAL OF
THE SUPERINTENDENT OF FINANCIAL SERVICES HAS BEEN  OBTAINED;  or  [that]
UNLESS  the  word  "doctor" or "lawyer" or an abbreviation or derivation
thereof is used in the name of a university faculty practice corporation
formed pursuant to section fourteen hundred twelve of the not-for-profit
corporation law or a professional service corporation formed pursuant to
article fifteen of this  chapter,  or  a  foreign  professional  service
corporation  authorized to do business in this state pursuant to article
fifteen-A of this chapter, the members  or  shareholders  of  which  are
composed exclusively of doctors or lawyers, respectively, or are used in
a context which clearly denotes a purpose other than the practice of law
or medicine.
  S  4. Subparagraphs 6, 7 and 11 of paragraph (a) of section 301 of the
business corporation law, subparagraph 7 as amended by  chapter  555  of
the laws of 1978 and subparagraph 11 as added by chapter 316 of the laws
of 2005, are amended to read as follows:
  (6)  Shall  not,  unless [the approval of the state board of standards
and appeals is attached to] the certificate of incorporation, or  appli-
cation  for authority or amendment thereof INCLUDES A CERTIFICATION THAT
THE APPROVAL OF THE STATE  BOARD  OF  STANDARDS  AND  APPEALS  HAS  BEEN
OBTAINED, contain any of the following words or phrases, or any abbrevi-
ation  or  derivative thereof:  union, labor, council, industrial organ-
ization, in a context which  indicates  or  implies  that  the  domestic
corporation is formed or the foreign corporation authorized as an organ-
ization  of working men or women or wage earners or for the performance,
rendition or sale of services as labor or management consultant, adviser
or specialist,  or  as  negotiator  or  arbitrator  in  labor-management
disputes.
  (7)  Shall not, unless [the approval of the state department of social
services is attached to] the certificate of incorporation,  or  applica-
tion  for  authority  or amendment thereof INCLUDES A CERTIFICATION THAT
THE APPROVAL OF  THE  STATE  DEPARTMENT  OF  SOCIAL  SERVICES  HAS  BEEN
OBTAINED, contain the word "blind" or "handicapped". Such approval shall
be granted by the state department of social services, if in its opinion

S. 2608                            42                            A. 3008

the word "blind" or "handicapped" as used in the corporate name proposed
will  not  tend to mislead or confuse the public into believing that the
corporation is organized for charitable or non-profit  purposes  related
to the blind or the handicapped.
  (11)  Shall  not, unless [the consent of the commissioner of education
is endorsed on or annexed to] the certificate of incorporation  INCLUDES
A  CERTIFICATION  THAT  THE CONSENT OF THE COMMISSIONER OF EDUCATION HAS
BEEN OBTAINED, contain the words  "school;"  "education;"  "elementary;"
"secondary;"  "kindergarten;"  "prekindergarten;"  "preschool;" "nursery
school;"  "museum;"  "history;"  "historical;"   "historical   society;"
"arboretum;" "library;" "college;" "university" or other term restricted
by section two hundred twenty-four of the education law; "conservatory,"
"academy,"  or  "institute,"  or  any abbreviation or derivative of such
terms. Such consent shall not be granted by the commissioner  of  educa-
tion,  if  in  the  commissioner's opinion, the use of such terms in the
corporate name is likely to mislead or confuse the public into believing
that the corporation is organized for non-profit educational purposes or
for educational business purposes that are not specified in  the  corpo-
rate purposes and powers contained in its certificate of incorporation.
  S  5. Section 406 of the business corporation law, as amended by chap-
ter 558 of the laws of 1999, is amended to read as follows:
S 406. Filing of a certificate of incorporation; facility for alcoholism
         or alcohol abuse, substance  abuse,  substance  dependence,  or
         chemical abuse or dependence.
  Every  certificate of incorporation which includes among its corporate
purposes the establishment or operation of a  program  of  services  for
alcoholism  or  alcohol abuse, substance abuse, substance dependence, or
chemical abuse or dependence shall [have  endorsed  thereon  or  annexed
thereto]  INCLUDE  A CERTIFICATION THAT the approval of the commissioner
of the state office of alcoholism and substance abuse  services  OF  THE
PURPOSES HAS BEEN OBTAINED.
  S  6.  Paragraph (a) of section 806 of the business corporation law is
amended to read as follows:
  (a) The department of state shall not file a certificate of  amendment
reviving the existence of a corporation unless THE CERTIFICATE OF AMEND-
MENT  INCLUDES A CERTIFICATION THAT the consent of the state tax commis-
sion to the revival [is delivered to the department] HAS BEEN  OBTAINED.
If  the  name  of  the  corporation being revived is not available under
section 301 (Corporate name; general) for  use  by  a  corporation  then
being  formed  under  this  chapter,  the certificate of amendment shall
change the name to one which is available for such use.
  S 7. Paragraph (a) of section 1003 of the business corporation law  is
amended by adding two new subparagraphs 6 and 7 to read as follows:
  (6)  A  CERTIFICATION  THAT  CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE DISSOLUTION HAS BEEN OBTAINED.
  (7) WITH RESPECT TO ANY CORPORATION THAT HAS DONE BUSINESS IN THE CITY
OF NEW YORK AND INCURRED LIABILITY FOR ANY TAX OR CHARGE  UNDER  CHAPTER
SIX,  SEVEN, EIGHT, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN, TWENTY-ONE,
TWENTY-FOUR, TWENTY-FIVE OR TWENTY-SEVEN OF TITLE ELEVEN OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, A CERTIFICATION  THAT  CONSENT  OF
THE  COMMISSIONER  OF FINANCE OF THE CITY OF NEW YORK TO THE DISSOLUTION
HAS BEEN OBTAINED.
  S 8. Paragraph (a) of section 1004 of the business corporation law, as
amended by chapter 201 of the laws  of  2009,  is  amended  to  read  as
follows:

S. 2608                            43                            A. 3008

  (a) [The department shall not file such certificate unless the consent
of  the  state  department of taxation and finance to the dissolution is
attached thereto.] Upon [such] filing SUCH CERTIFICATE, the  corporation
is dissolved.
  S  9. Paragraph (b) of section 1004 of the business corporation law is
REPEALED.
  S 10. Subparagraph 8 of paragraph (a) of section 1304 of the  business
corporation  law,  as  amended by chapter 684 of the laws of 1963 and as
renumbered by chapter 590 of the laws of 1982, is  amended  to  read  as
follows:
  (8)  A statement that the foreign corporation has not since its incor-
poration or since the date its authority to do business  in  this  state
was  last  surrendered, engaged in any activity in this state, except as
set forth in paragraph (b) of section  1301  (Authorization  of  foreign
corporations),  or  in  lieu thereof A CERTIFICATION THAT the consent of
the state tax commission  to  the  filing  of  the  application[,  which
consent shall be attached thereto] HAS BEEN OBTAINED.
  S 11. Paragraph (a) of section 1310 of the business corporation law is
amended by adding a new subparagraph 7 to read as follows:
  (7)  A  CERTIFICATION  THAT  CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE SURRENDER OF AUTHORITY HAS BEEN OBTAINED.
  S 12. Paragraph (b) of section 1310 of the business corporation law is
REPEALED, and paragraphs (c) and (d) are relettered (b) and (c).
  S 13. Section 216 of the education law, as amended by chapter  901  of
the  laws  of 1972, and the closing paragraph as added by chapter 316 of
the laws of 2005, is amended to read as follows:
  S 216. Charters. Under such name, with  such  number  of  trustees  or
other managers, and with such powers, privileges and duties, and subject
to  such limitations and restrictions in all respects as the regents may
prescribe in conformity to law, they may, by an instrument  under  their
seal  and recorded in their office, incorporate any university, college,
academy, library, museum, or other institution or  association  for  the
promotion  of  science,  literature, art, history or other department of
knowledge, or  of  education  in  any  way,  associations  of  teachers,
students,  graduates of educational institutions, and other associations
whose approved purposes are, in whole or  in  part,  of  educational  or
cultural  value  deemed  worthy  of recognition and encouragement by the
university. No institution or association which might be incorporated by
the regents under this chapter shall, without their consent, be incorpo-
rated under any other general law. An institution or  association  which
might  be  incorporated  by the regents under this chapter may, with the
consent of the commissioner of education, be formed under  the  business
corporation  law  or  pursuant  to the not-for-profit corporation law if
[such consent of the commissioner  of  education  is  attached  to]  its
certificate  of  incorporation  INCLUDES A CERTIFICATION THAT CONSENT OF
THE COMMISSIONER OF EDUCATION TO THE INCORPORATION OF  SUCH  INSTITUTION
OR  ASSOCIATION HAS BEEN OBTAINED.  No individual, association, partner-
ship, company or corporation not authorized by special charter from  the
legislature  of  this  state or by charter from the regents to operate a
museum, or arboretum shall knowingly use, advertise or transact business
under the names "museum," or "arboretum," or any name, title or descrip-
tive material indicating or tending to imply that said individual, asso-
ciation, partnership, company or corporation conducts, carries on, or is
such a business when it is not, or that it is authorized to  operate  as
such,  unless  the right to do so has been granted by the regents or the
commissioner in writing. Any violation of  this  paragraph  shall  be  a

S. 2608                            44                            A. 3008

misdemeanor.  Notwithstanding  any  other  provision of this section, an
individual, association, partnership, company or corporation doing busi-
ness under any of such names on the effective date of this paragraph may
come  into  compliance  with  this paragraph by obtaining consent of the
regents or the commissioner within one year of such effective date.
  S 14. Paragraph (c) of subdivision 2 of section  130  of  the  general
business  law, as amended by chapter 316 of the laws of 2005, is amended
to read as follows:
  (c) No corporation, limited partnership or limited  liability  company
shall  use  or file a certificate for the use of any name or designation
to carry on or conduct or transact business in this state which consists
of or includes a word or  words  the  use  of  which  is  prohibited  or
restricted  by  subparagraphs  three  through eleven of paragraph (a) of
section three hundred one of the business corporation  law  or  subpara-
graphs  three through nine of paragraph (a) of section three hundred one
and paragraph (w) of section four hundred  four  of  the  not-for-profit
corporation  law,  or  paragraph  three  of  subdivision  (a) of section
121-102 of the partnership law,  or  subdivisions  (d)  through  (i)  of
section  two  hundred four of the limited liability company law, respec-
tively, [without having obtained any necessary] UNLESS SUCH  CERTIFICATE
INCLUDES  A  CERTIFICATION  THAT  SUCH consents or approvals which would
permit the use of the word or words  pursuant  to  such  laws  HAS  BEEN
OBTAINED, OR WHERE REQUIRED BY STATUTE, SUCH CERTIFICATE HAS CONSENTS OR
APPROVALS ENDORSED THEREON OR ARE ANNEXED THERETO.
  S  15.  Subdivision  11 of section 130 of the general business law, as
added by chapter 316 of the laws of 2005, is amended to read as follows:
  11. Notwithstanding any other provision of this section, an  education
corporation  may  not  file  a  certificate  under this section with the
secretary of state, unless SUCH  CERTIFICATE  INCLUDES  A  CERTIFICATION
THAT  the  consent  of  the  board of regents [is endorsed on or annexed
thereto] HAS BEEN OBTAINED.  Nothing in this subdivision  shall  invali-
date  a  certificate lawfully filed by an education corporation pursuant
to this section prior to the effective date of this subdivision.
  S 16. Subdivision (f) of section 204 of the limited liability  company
law,  as  amended by chapter 155 of the laws of 2012, is amended to read
as follows:
  (f) shall not contain the following words, or any abbreviation
or derivative thereof:
            acceptance                    guaranty
            annuity                       indemnity
            assurance                     insurance
            attorney                      investment
            bank                          lawyer
            benefit                       loan
            bond                          mortgage
            casualty                      savings
            doctor                        surety
            endowment                     title
            fidelity                      trust
            finance                       underwriter
unless the [approval of the  superintendent  of  financial  services  is
attached  to  the] articles of organization INCLUDE A CERTIFICATION THAT
APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES HAS  BEEN  OBTAINED
or unless the word "doctor" or "lawyer" or an abbreviation or derivative
thereof  is  used in a context that clearly denotes a purpose other than
the practice of law or medicine;

S. 2608                            45                            A. 3008

  S 17. Subdivisions (g) and (i) of section 204 of the limited liability
company law, subdivision (i) as added by chapter  316  of  the  laws  of
2005, are amended to read as follows:
  (g)  shall not, unless [the approval of the state department of social
services is attached to] the articles of organization or application for
authority INCLUDE A CERTIFICATION THAT THE APPROVAL OF THE STATE DEPART-
MENT OF SOCIAL SERVICES HAS BEEN OBTAINED, contain the word  "blind"  or
"handicapped." Such approval shall be granted by the state department of
social  services  if in its opinion the word "blind" or "handicapped" as
used in the limited liability company's proposed name will not  tend  to
mislead  or confuse the public into believing that the limited liability
company is organized for charitable or nonprofit purposes related to the
blind or the handicapped; and
  (i) shall not, UNLESS THE ARTICLES OF ORGANIZATION OR APPLICATION  FOR
AUTHORITY  INCLUDE  A CERTIFICATION THAT THE CONSENT OF THE COMMISSIONER
OF EDUCATION HAS BEEN OBTAINED, contain the following  terms:  "school,"
"education,"  "elementary,"  "secondary," "kindergarten," "prekindergar-
ten," "preschool," "nursery school," "museum," "history,"  "historical,"
"historical society," "arboretum," "library," "college," "university" or
other  term  restricted by section two hundred twenty-four of the educa-
tion law; "conservatory," "academy," or "institute" or any  abbreviation
or  derivative  of  such  terms[, shall have endorsed thereon or annexed
thereto the consent of the commissioner of education].
  S 18. Section 209 of the limited liability company law is  amended  to
read as follows:
  S  209.  Filing  with  the  department  of state. A signed articles of
organization and any signed certificate of amendment  or  other  certif-
icates  filed  pursuant  to  this  chapter  or of any judicial decree of
amendment or cancellation shall be delivered to the department of state.
If the instrument that is delivered  to  the  department  of  state  for
filing  complies  as to form with the requirements of law and the filing
fee required by any statute of this state in  connection  therewith  has
been  paid,  the instrument shall be filed and indexed by the department
of state. The department of state shall  not  review  such  articles  or
certificates  for  legal  sufficiency;  its  review  shall be limited to
determining that the form has been completed. UPON THE WRITTEN NOTIFICA-
TION TO THE DEPARTMENT OF  STATE  BY  ANY  STATE  OFFICIAL,  DEPARTMENT,
BOARD, AGENCY OR OTHER BODY THAT A DOMESTIC LIMITED LIABILITY COMPANY OR
FOREIGN  AUTHORIZED  LIMITED  LIABILITY COMPANY HAS FAILED TO OBTAIN THE
CONSENT OR APPROVAL OF SUCH STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY OR
OTHER BODY FOR ANY CERTIFICATE  OR  INSTRUMENT,  THE  LIMITED  LIABILITY
COMPANY'S  AUTHORITY  TO  CARRY ON, CONDUCT OR TRANSACT BUSINESS IN THIS
STATE SHALL BE SUSPENDED. SUCH SUSPENSION SHALL  BE  ANNULLED  UPON  THE
FILING  OF  A  CERTIFICATE  OF  AMENDMENT  WITH  THE REQUIRED CONSENT OR
APPROVAL ANNEXED THERETO.
  S 19. Clause (B) of subparagraph 5 of paragraph (a) of section 301  of
the  not-for-profit  corporation  law,  as amended by chapter 155 of the
laws of 2012, is amended to read as follows:
  (B) Shall not contain any of the following words, or any  abbreviation
or derivative thereof:

acceptance             fidelity               mortgage

annuity                finance                savings

assurance              guaranty               surety

S. 2608                            46                            A. 3008

bank                   indemnity              title

bond                   insurance              trust

casualty               investment             underwriter

doctor                 lawyer

endowment              loan

unless  [the  approval  of  the  superintendent of financial services is
attached to]  the  certificate  of  incorporation,  or  application  for
authority  or  amendment  thereof[;]  INCLUDES  A CERTIFICATION THAT THE
APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES HAS BEEN  OBTAINED,
or  [that]  UNLESS  the word "doctor", OR "lawyer", or the phrase "state
police" or "state trooper" or an  abbreviation  or  derivation  thereof,
[may  be]  IS  used  ONLY in the name of a corporation the membership of
which is composed exclusively of doctors, lawyers,  state  policemen  or
state troopers, respectively.
  S 20. Section 404 of the not-for-profit corporation law, as amended by
chapter  139  of the laws of 1993, paragraph (b) as amended by section 4
of part D of chapter 58 of the laws of 2006, paragraphs (c), (k) and (l)
as further amended by section 104 of part A of chapter 62 of the laws of
2011, paragraphs (a), (c), (d), (e), (f), (g), (h), (i), (j), (k),  (l),
(m), (n) and (r) as relettered by chapter 431 of the laws of 1993, para-
graph  (g)  as  separately  amended  by chapter 201 of the laws of 1993,
paragraphs (o), (p) and (t) as amended by section 79 of part A of  chap-
ter  58  of the laws of 2010, paragraph (q) as amended by chapter 198 of
the laws of 2010, paragraph (u) as amended by chapter 558 of the laws of
1999, paragraph (v) as added by chapter 598 of the laws of 2000  and  as
further  amended  by  section 104 of part A of chapter 62 of the laws of
2011, paragraph (w) as amended by chapter 316 of the laws  of  2005,  is
amended to read as follows:
S 404. Approvals and consents.
  (a)  Every  certificate  of  incorporation  which  includes  among its
purposes the formation of a trade or  business  association  shall  have
endorsed thereon or annexed thereto the consent of the attorney-general.
  (b)  (1)  Every  certificate of incorporation which includes among its
purposes the care of  destitute,  delinquent,  abandoned,  neglected  or
dependent  children;  the  establishment  or operation of any adult care
facility, or the establishment or operation of a residential program for
victims of domestic violence as defined in subdivision four  of  section
four hundred fifty-nine-a of the social services law, or the placing-out
or  boarding-out of children or a home or shelter for unmarried mothers,
excepting the establishment or maintenance of  a  hospital  or  facility
providing  health-related services as those terms are defined in article
twenty-eight of the public health law and a facility for which an  oper-
ating  certificate is required by articles sixteen, nineteen, twenty-two
and thirty-one of  the  mental  hygiene  law;  or  the  solicitation  of
contributions  for  any  such  purpose or purposes, shall [have endorsed
thereon or annexed thereto] INCLUDE A CERTIFICATION THAT the approval of
the commissioner of the office of children and family services, or  with
respect  to any adult care facility, the commissioner of health, OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (2) A corporation whose statement of  purposes  specifically  includes
the  establishment or operation of a child day care center, as that term

S. 2608                            47                            A. 3008

is defined in section three hundred ninety of the social  services  law,
shall provide a certified copy of the certificate of incorporation, each
amendment  thereto,  and  any  certificate  of  merger, consolidation or
dissolution  involving  such  corporation  to the office of children and
family services within thirty days after the filing of such certificate,
amendment, merger, consolidation or dissolution with the  department  of
state.  This  requirement  shall  also  apply to any foreign corporation
filing an application for authority under section thirteen hundred  four
of  this chapter, any amendments thereto, and any surrender of authority
or termination of authority in this state of such corporation.
  (c) Every  certificate  of  incorporation  which  includes  among  the
purposes  of  the corporation, the establishment, maintenance and opera-
tion of a hospital service or a health  service  or  a  medical  expense
indemnity  plan or a dental expense indemnity plan as permitted in arti-
cle forty-three of the insurance law, shall [have  endorsed  thereon  or
annexed thereto] INCLUDE A CERTIFICATION THAT the approval of the super-
intendent  of  financial services and the commissioner of health OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (d) Every certificate of incorporation which includes  a  purpose  for
which  a corporation might be chartered by the regents of the university
of the State of New York shall [have endorsed thereon or annexed  there-
to]  INCLUDE  A  CERTIFICATION  THAT  the consent of the commissioner of
education TO SUCH PURPOSE HAS BEEN OBTAINED.
  (e) Every certificate of  incorporation  of  a  cemetery  corporation,
except  those  within the exclusionary provisions of section 1503 (Ceme-
tery corporations) shall [have  endorsed  thereon  or  annexed  thereto]
INCLUDE  A CERTIFICATION THAT the approval of the cemetery board OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (f) Every certificate of incorporation of  a  fire  corporation  shall
[have  endorsed thereon or annexed thereto] INCLUDE A CERTIFICATION THAT
the approval, signed and acknowledged, of the authorities of each  city,
village, town or fire district in which the corporation proposes to act,
OF SUCH PURPOSE HAS BEEN OBTAINED. Such authorities shall be: in a city,
the mayor; in a village, a majority of the trustees; in a town, a major-
ity  of the members of the town board; in a fire district, a majority of
the fire commissioners. The members of the town board of a town, or  the
trustees  of  a  village,  shall  not consent to the formation of a fire
corporation as hereinbefore provided, until such board shall have held a
public hearing on the question of whether the  fire  company  should  be
incorporated.  The  notice shall be published at least once in each week
for two successive weeks in the  official  newspaper  published  in  the
county  in  which  such fire corporation intends to locate, prior to the
regular meeting of such board designated by the chairman of the board to
consider the matter. Such notice shall contain the name of the  proposed
company,  the  names  of the persons signing the certificate of incorpo-
ration, a brief description of the territory to be protected by the fire
company and that all persons interested shall be heard. If no  newspaper
is  published  in the county the publication of the notice shall be in a
newspaper in an adjoining county selected by the chairman of such board.
All expenses in connection with such publication shall be borne  by  the
parties making the application and paid before the hearing.
  (g) Every certificate of incorporation of a corporation for prevention
of  cruelty  to animals shall [have endorsed thereon or annexed thereto]
INCLUDE A CERTIFICATION THAT the approval of the  American  Society  for
the  Prevention of Cruelty to Animals OF SUCH PURPOSE HAS BEEN OBTAINED,
or, if such approval be withheld thirty days after application therefor,

S. 2608                            48                            A. 3008

a certified copy of an order of a justice of the supreme  court  of  the
judicial  district  in  which  the  office  of  the corporation is to be
located, dispensing with such approval, granted upon eight days'  notice
to such society.
  (h)  Every  certificate  of  incorporation  of a Young Men's Christian
Association shall [have endorsed thereon or annexed thereto]  INCLUDE  A
CERTIFICATION THAT the approval of the chairman of the national board of
Young Men's Christian Associations OF SUCH PURPOSE HAS BEEN OBTAINED.
  (i)  Every  certificate  of  incorporation  which  indicates  that the
proposed corporation is to solicit funds for or  otherwise  benefit  the
armed  forces  of  the United States or of any foreign country, or their
auxiliaries, or of this or any other state or any territory, shall [have
endorsed thereon or annexed thereto] INCLUDE A  CERTIFICATION  THAT  the
approval of the chief of staff OF SUCH PURPOSE HAS BEEN OBTAINED.
  (j)  Every  certificate  of  incorporation  which  includes  among its
purposes the organization of wage-earners for their  mutual  betterment,
protection  and  advancement;  the regulation of hours of labor, working
conditions, or wages; or the performance, rendition or sale of  services
as  labor  consultant, labor-management advisor, negotiator, arbitrator,
or specialist; and every certificate of incorporation in which the  name
of  the  proposed  corporation  includes  "union", "labor", "council" or
"industrial organization", or any abbreviation or derivative thereof  in
a  context  that indicates or implies that the corporation is formed for
any of the above purposes, shall [have endorsed thereon or annexed ther-
eto] INCLUDE A CERTIFICATION THAT the approval of the  industrial  board
of  appeals OF SUCH PURPOSE HAS BEEN OBTAINED. The board shall make such
inquiry into the purposes of the proposed corporation as it  shall  deem
advisable and shall order a hearing if necessary to determine whether or
not  such purposes are in all respects consistent with public policy and
the labor law. Notice of the time and place of hearing shall be given to
the applicants and such other persons as the board may determine.
  (k) Every certificate of incorporation for a corporation which has  as
its  exclusive  purpose  the  promotion of the interests of savings bank
life insurance or the promotion of the interests of member banks may, if
the CERTIFICATE INCLUDES A CERTIFICATION THAT  approval  of  the  super-
intendent of financial services [is endorsed thereon or annexed thereto]
HAS  BEEN OBTAINED, use as a part of the corporate name any of the words
or phrases, or any abbreviation or  derivative  thereof,  set  forth  in
subparagraph (5) of paragraph (a) of section 301 (Corporate name; gener-
al).
  (l)  Every certificate of incorporation for a corporation which has as
its exclusive purpose the creation of an association of licensed  insur-
ance  agents,  licensed  insurance brokers, or licensed insurance under-
writers and every application for authority  of  a  foreign  corporation
which is an independent laboratory engaged in testing for public safety,
or  which has as its purpose the advancement of corporate, governmental,
and institutional risk and insurance management, or  which  has  as  its
exclusive  purpose  the  creation of an association of insurers, each of
which is duly licensed in this state or, if it does no  business  or  is
not licensed in this state, is duly licensed in another state or foreign
jurisdiction  may,  if  the  CERTIFICATE  INCLUDES  A CERTIFICATION THAT
approval of the superintendent of financial services [is endorsed there-
on or annexed thereto] HAS BEEN OBTAINED, use as a part of the corporate
name any of the words or phrases,  or  any  abbreviation  or  derivative
thereof,  set  forth in subparagraph (5) of paragraph (a) of section 301
(Corporate name; general).

S. 2608                            49                            A. 3008

  (m) Every certificate of  incorporation  in  which  the  name  of  the
proposed  corporation includes the name of a political party shall [have
endorsed thereon or annexed thereto] INCLUDE A  CERTIFICATION  THAT  the
consent  of the chairman of the county committee of such political party
of  the  county  in which the office of the corporation is to be located
HAS BEEN OBTAINED, except in cases where the supreme  court  finds  that
the withholding of such consent of the county chairman is unreasonable.
  (n)  Every  certificate  of  incorporation  in  which  the name of the
proposed corporation includes the words "American Legion,"  shall  [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
approval of the Department  of  New  York,  the  American  Legion,  duly
acknowledged by its commander or adjutant HAS BEEN OBTAINED.
  (o) Every certificate of incorporation which includes among its corpo-
rate  purposes  or powers the establishment or maintenance of any hospi-
tal, as defined in article twenty-eight of the public health law, or the
solicitation of contributions for any such purpose, or  purposes,  shall
[have  endorsed thereon or annexed thereto] INCLUDE A CERTIFICATION THAT
the approval of the public health and health planning  council  OF  SUCH
PURPOSE HAS BEEN OBTAINED.
  (p)  Every  certificate  of  incorporation of a medical corporation as
defined in article forty-four of the public  health  law  and  organized
pursuant  thereto  and  pursuant  to  this chapter, shall [have endorsed
thereon or annexed thereto] INCLUDE A CERTIFICATION THAT the consent  of
the  commissioner of health TO and the approval of the public health and
health planning council OF SUCH PURPOSE HAS BEEN OBTAINED.
  (q) Every certificate of incorporation which includes among its corpo-
rate purposes or powers the establishment, or operation  of  a  facility
for  which  an  operating  certificate  from  the commissioner of mental
health is required by article thirty-one of the mental hygiene  law,  or
the  solicitation  of  contributions  for  any such purpose, shall [have
endorsed thereon or annexed thereto] INCLUDE A  CERTIFICATION  THAT  the
approval  of  the commissioner of mental health OF SUCH PURPOSE HAS BEEN
OBTAINED.
  (r) Every certificate of incorporation of a health maintenance  organ-
ization  as  defined  in article forty-four of the public health law and
organized pursuant thereto and pursuant to  this  chapter,  shall  [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
consent of the commissioner of health TO SUCH PURPOSE HAS BEEN OBTAINED.
  (t) Every  certificate  of  incorporation  which  includes  among  its
purposes  and  powers  the establishment or maintenance of a hospital or
facility providing health related services, as those terms  are  defined
in article twenty-eight of the public health law, or the solicitation of
contributions  for  any  such  purpose  or two or more of such purposes,
shall [have endorsed thereon] INCLUDE A CERTIFICATION THAT the  approval
of  the  public  health  and health planning council OF SUCH PURPOSE HAS
BEEN OBTAINED.
  (u) Every  certificate  of  incorporation  which  includes  among  the
purposes  of  the  corporation,  the  establishment  or  operation  of a
substance abuse, substance dependence,  alcohol  abuse,  alcoholism,  or
chemical  abuse  or  dependence program, or the solicitation of contrib-
utions for any such purpose, shall [have  endorsed  thereon  or  annexed
thereto] INCLUDE A CERTIFICATION THAT the consent of the commissioner of
the  office  of alcoholism and substance abuse services to its filing by
the department of state TO SUCH PURPOSE HAS BEEN OBTAINED.
  (v) Every  certificate  of  incorporation  which  includes  among  the
purposes  of  the corporation, the establishment, maintenance and opera-

S. 2608                            50                            A. 3008

tion of a nonprofit property/casualty  insurance  company,  pursuant  to
article  sixty-seven  of the insurance law, shall [have endorsed thereon
or annexed thereto] INCLUDE A CERTIFICATION THAT  the  approval  of  the
superintendent of financial services OF SUCH PURPOSE HAS BEEN OBTAINED.
  (w)  Every  certificate  of  incorporation  in  which  the name of the
proposed corporation includes the terms: "school," "education," "elemen-
tary,"  "secondary,"  "kindergarten,"  "prekindergarten,"   "preschool,"
"nursery  school," "museum," "history," "historical," "historical socie-
ty," "arboretum,"  "library,"  "college,"  "university"  or  other  term
restricted  by  section  two  hundred  twenty-four of the education law;
"conservatory," "academy," or "institute," or any abbreviation or deriv-
ative of such terms, shall [have endorsed thereon  or  annexed  thereto]
INCLUDE  A  CERTIFICATION THAT the consent of the commissioner of educa-
tion HAS BEEN OBTAINED.
  S 21. Paragraphs (a) and (b) of  section  804  of  the  not-for-profit
corporation law, as amended by chapter 139 of the laws of 1993, subpara-
graph  (i)  of  paragraph  (a)  as amended by chapter 198 of the laws of
2010, are amended to read as follows:
  (a) (i) A certificate of amendment shall not be filed if the amendment
adds, changes or eliminates a purpose, power or provision the  inclusion
of  which in a certificate of incorporation requires consent or approval
of a governmental body or officer or any other person or body, or if the
amendment changes the name of a corporation whose certificate of  incor-
poration had such consent or approval endorsed thereon or annexed there-
to,  unless  such  consent  or  approval  is  no  longer required, or AS
REQUIRED BY STATUTE, SUCH CONSENT OR APPROVAL is endorsed on or  annexed
to  OR  the  certificate of amendment INCLUDES A CERTIFICATION THAT SUCH
CONSENT OR APPROVAL HAS BEEN OBTAINED.
  (ii) Every certificate of amendment of a  corporation  [classified  as
type  B  or type C under section 201 (Purposes)] FORMED FOR THE PURPOSES
SPECIFIED IN SUBPARAGRAPH TWO OR THREE OF PARAGRAPH (B) OF  SECTION  201
which  seeks to change or eliminate a purpose or power enumerated in the
corporation's certificate of incorporation, or to add a power or purpose
not enumerated therein, shall [have endorsed thereon or annexed thereto]
INCLUDE A CERTIFICATION THAT the approval of a justice  of  the  supreme
court of the judicial district in which the office of the corporation is
located  HAS BEEN OBTAINED.  Ten days' written notice of the application
for such approval shall be given to the attorney-general.
  (b) The department of state shall not file a certificate of  amendment
reviving  the existence of a corporation unless THE CERTIFICATE INCLUDES
A CERTIFICATION THAT the REQUIRED consent or approval of a  governmental
body  or officer or any other person or body [required to be endorsed on
or annexed to the certificate of incorporation of a  corporation  formed
for  similar  purposes,  is  attached thereto] HAS BEEN OBTAINED, or, if
notice to the attorney-general was required prior to the filing  of  its
certificate  of incorporation, the certificate of amendment should indi-
cate that such notice has been given as required by law.
  S 22. Section 909 of the not-for-profit corporation law, as amended by
section 6 of part D of chapter 58 of the laws of  2006,  is  amended  to
read as follows:
S 909. Consent to filing.
  If  the  purposes of any constituent or consolidated corporation would
require the approval or consent of any governmental body or  officer  or
any  other  person or body under section 404 (Approvals and consents) no
certificate of merger or consolidation shall be filed pursuant  to  this
article  unless  THE  CERTIFICATE  INCLUDES  A  CERTIFICATION  THAT such

S. 2608                            51                            A. 3008

approval OF or consent [is endorsed thereon or annexed thereto] TO  SUCH
PURPOSE HAS BEEN OBTAINED OR WHERE REQUIRED BY STATUTE, SUCH APPROVAL OR
CONSENT  IS  ENDORSED  THEREON OR ANNEXED THERETO.   A corporation whose
statement  of purposes specifically includes the establishment or opera-
tion of a child day care center, as that  term  is  defined  in  section
three  hundred ninety of the social services law, shall provide a certi-
fied copy of any certificate of merger or consolidation  involving  such
corporation  to the office of children and family services within thirty
days after the filing of such merger or consolidation with  the  depart-
ment of state.
  S  23. Paragraph (a) of section 1003 of the not-for-profit corporation
law is amended by adding two new  subparagraphs  8  and  9  to  read  as
follows:
  (8) A CERTIFICATION THAT THE CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE DISSOLUTION HAS BEEN OBTAINED.
  (9) WITH RESPECT TO ANY CORPORATION THAT HAS DONE BUSINESS IN THE CITY
OF  NEW  YORK AND INCURRED LIABILITY FOR ANY TAX OR CHARGE UNDER CHAPTER
SIX, SEVEN, EIGHT, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN,  TWENTY-ONE,
TWENTY-FOUR, TWENTY-FIVE OR TWENTY-SEVEN OF TITLE ELEVEN OF THE ADMINIS-
TRATIVE  CODE  OF  THE CITY OF NEW YORK, A CERTIFICATION THAT CONSENT OF
THE COMMISSIONER OF FINANCE OF THE CITY OF NEW YORK TO  THE  DISSOLUTION
HAS BEEN OBTAINED.
  S  24. Paragraph (a) of section 1004 of the not-for-profit corporation
law, as amended by chapter 201 of the laws of 2009, is amended  to  read
as follows:
  (a)  [The  department of state shall not file a certificate of dissol-
ution unless the consent of the state department of taxation and finance
to the dissolution is attached thereto.] Upon  filing  the  certificate,
the corporation is dissolved.
  S  25. Paragraph (b) of section 1004 of the not-for-profit corporation
law is REPEALED.
  S 26. Subparagraph 8 of paragraph (a) and  paragraph  (c)  of  section
1304  of the not-for-profit corporation law, subparagraph 8 of paragraph
(a) as renumbered by chapter 590 of the laws of  1982,  are  amended  to
read as follows:
  (8) A statement that the foreign corporation has not, since its incor-
poration  or  since the date its authority to conduct activities in this
state was last surrendered, done any act in this state,  except  as  set
forth  in paragraph (b) of section 1301 (Authorization of foreign corpo-
rations); or in lieu of such statement A CERTIFICATION THAT the  consent
of  the  state tax commission to the filing of the application [shall be
attached thereto] HAS BEEN OBTAINED.
  (c) If the application for authority sets forth any purpose or  activ-
ity  for  which  a  domestic  corporation  could be formed only with the
consent or approval of any governmental body or officer, or other person
or body under section 404 (Approvals  and  consents),  such  APPLICATION
SHALL  INCLUDE A CERTIFICATION THAT THE consent TO or approval [shall be
endorsed thereon or annexed thereto] OF SUCH PURPOSE HAS BEEN  OBTAINED,
OR WHERE REQUIRED BY STATUTE, SUCH APPROVAL OR CONSENT IS ENDORSED THER-
EON OR ANNEXED THERETO.
  S  27. Paragraph (c) of section 1309 of the not-for-profit corporation
law, as added by chapter 961 of the laws of 1972, is amended to read  as
follows:
  (c)  A certificate of amendment of application for authority shall not
be filed, if the amendment adds, changes or eliminates a purpose,  power
or  provision  the  inclusion  of  which in an application for authority

S. 2608                            52                            A. 3008

requires consent or approval of any  governmental  body  or  officer  or
other  person  or body, or if the amendment changes the name of a corpo-
ration whose application for authority  had  such  consent  or  approval
endorsed  thereon  or  annexed thereto, unless such AMENDMENT INCLUDES A
CERTIFICATION THAT SUCH consent  TO  or  approval  [is  endorsed  on  or
annexed  to  the  certificate of amendment] of application for authority
HAS BEEN OBTAINED, OR  WHERE  REQUIRED  BY  STATUTE,  SUCH  APPROVAL  OR
CONSENT IS ENDORSED THEREON OR ANNEXED THERETO.
  S  28. Paragraph (a) of section 1311 of the not-for-profit corporation
law is amended by adding a new paragraph 7 to read as follows:
  (7) A CERTIFICATION THAT CONSENT OF THE  DEPARTMENT  OF  TAXATION  AND
FINANCE TO THE SURRENDER OF AUTHORITY HAS BEEN OBTAINED.
  S  29. Paragraph (c) of section 1311 of the not-for-profit corporation
law is REPEALED and paragraph (d) is relettered paragraph (c).
  S 30. Paragraph (b) of section 1505  of  the  not-for-profit  law,  as
added by chapter 871 of the laws of 1977, is amended to read as follows:
  (b)    Cemetery board endorsement.  Every certificate of incorporation
of  a  cemetery  corporation,  except  those  within  the   exclusionary
provisions of section fifteen hundred three, shall [have endorsed there-
on  or annexed thereto] INCLUDE A CERTIFICATION THAT the approval of the
cemetery board as required in subdivision (e) of  section  four  hundred
four of this chapter HAS BEEN OBTAINED.
  S  31.  Subparagraphs (A) and (B) of paragraph 3 of subdivision (a) of
section 121-102 of the partnership law, subparagraph (A) as  amended  by
chapter  316 of the laws of 2005, subparagraph (B) as amended by chapter
155 of the laws of 2012, are amended to read as follows:
  (A) may not contain the  following  phrases  or  any  abbreviation  or
derivative thereof:
          board of trade                state trooper
          chamber of commerce           tenant relocation
          community renewal             urban development
          state police                  urban relocation
  Every  certificate  of  limited  partnership  in which the name of the
proposed limited partnership includes the terms: "school,"  "education,"
"elementary,"     "secondary,"     "kindergarten,"    "prekindergarten,"
"preschool,"  "nursery  school,"  "museum,"   "history,"   "historical,"
"historical society," "arboretum," "library," "college," "university" or
other  term  restricted by section two hundred twenty-four of the educa-
tion law; "conservatory," "academy," or "institute," or any abbreviation
or derivative of such terms, shall [have  endorsed  thereon  or  annexed
thereto] INCLUDE A CERTIFICATION THAT the consent of the commissioner of
education HAS BEEN OBTAINED.
  (B) may not contain the following words, or any abbreviation or deriv-
ative thereof:
          acceptance                    indemnity
          annuity                       insurance
          assurance                     investment
          bank                          lawyer
          benefit                       loan
          bond                          mortgage
          casualty                      savings
          doctor                        surety
          endowment                     title
          fidelity                      trust
          finance                       underwriter
          guaranty

S. 2608                            53                            A. 3008

unless  the  [approval  of  the  superintendent of financial services is
attached to the] certificate of limited partnership INCLUDES  A  CERTIF-
ICATION  THAT  THE  APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES
HAS BEEN OBTAINED; or unless the word "doctor" or "lawyer" or an  abbre-
viation or derivative thereof is used in a context which clearly denotes
a purpose other than the practice of law or medicine.
  S  32.  Subparagraph  (C) of paragraph 3 of subdivision (a) of section
121-102 of the partnership law, as added by chapter 264 of the  laws  of
1991, is amended to read as follows:
  (C)  shall not, unless [the approval of the state department of social
services is attached to]  the  certificate  of  limited  partnership  or
application  for authority or amendment thereof INCLUDES A CERTIFICATION
THAT THE APPROVAL OF THE STATE DEPARTMENT OF SOCIAL  SERVICES  HAS  BEEN
OBTAINED, contain the word "blind" or "handicapped". Such approval shall
be  granted by the state department of social services if in its opinion
the word "blind" or "handicapped" as used  in  the  limited  partnership
name  proposed  will  not  tend  to  mislead  or confuse the public into
believing that the limited partnership is organized  for  charitable  or
nonprofit purposes related to the blind or the handicapped.
  S  33. Section 121-206 of the partnership law, as added by chapter 950
of the laws of 1990, is amended to read as follows:
  S 121-206. Filing with the department of state. A  signed  certificate
of limited partnership and any signed certificates of amendment or other
certificates filed pursuant to this article or of any judicial decree of
amendment or cancellation shall be delivered to the department of state.
If  the  instrument  which  is  delivered to the department of state for
filing complies as to form with the requirements of law and  the  filing
fee  required  by  any statute of this state in connection therewith has
been paid, the instrument shall be filed and indexed by  the  department
of  state.  UPON  THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF STATE BY
ANY STATE OFFICIAL, DEPARTMENT, BOARD,  AGENCY  OR  OTHER  BODY  THAT  A
DOMESTIC  LIMITED  PARTNERSHIP OR FOREIGN AUTHORIZED LIMITED PARTNERSHIP
HAS FAILED TO OBTAIN THE CONSENT OR APPROVAL  OF  SUCH  STATE  OFFICIAL,
DEPARTMENT,  BOARD,  AGENCY OR OTHER BODY FOR ANY CERTIFICATE OR INSTRU-
MENT, THE LIMITED PARTNERSHIP'S AUTHORITY TO CARRY ON, CONDUCT OR TRANS-
ACT BUSINESS IN THIS STATE SHALL BE SUSPENDED. SUCH SUSPENSION SHALL  BE
ANNULLED UPON THE FILING OF A CERTIFICATE OF AMENDMENT WITH THE REQUIRED
CONSENT OR APPROVAL ANNEXED THERETO.
  S  34.  Section  14  of the private housing finance law, as amended by
chapter 544 of the laws of 1961, is amended to read as follows:
  S 14. Consent of commissioner  to  incorporation.  Whenever  any  such
certificate  shall  be  presented  to  the  secretary of state, [he] THE
SECRETARY shall not file such certificate unless [there shall  accompany
the  same a] THE CERTIFICATE INCLUDES A CERTIFICATION THAT A certificate
of the commissioner that he consents to the filing of  such  certificate
HAS  BEEN OBTAINED; nor shall any amendment to the certificate of incor-
poration be filed unless it [is accompanied by] INCLUDES A CERTIFICATION
THAT a certificate of  the  commissioner  consenting  thereto  HAS  BEEN
OBTAINED.  If  a company has entered into a contract with a municipality
for the construction of a municipally aided  project,  the  commissioner
shall  not issue a certificate consenting to an amendment of the certif-
icate of incorporation of such company, unless  the  supervising  agency
has given its written consent to such amendment.
  S 35. Subdivision 5 of section 573 of the private housing finance law,
as  amended  by  chapter  410 of the laws of 1984, is amended to read as
follows:

S. 2608                            54                            A. 3008

  5. The secretary of state shall not file the certificate  of  incorpo-
ration  of  any  such  corporation  or  any amendment thereto unless THE
CERTIFICATE INCLUDES A CERTIFICATION THAT the consent or approval of the
commissioner or the supervising agency, as the case may be, [is  affixed
thereon or attached thereto] HAS BEEN OBTAINED. Consent to the filing of
such  certificate  of  incorporation shall be based upon findings by the
commissioner or supervising agency as to the character and competence of
the sponsor.
  S 36. Subdivision 1 of section 2801-a of the  public  health  law,  as
amended  by  section  57 of part A of chapter 58 of the laws of 2010, is
amended to read as follows:
  1. No hospital, as defined  in  this  article,  shall  be  established
except  with  the written approval of the public health and health plan-
ning council. No certificate of incorporation of a  business  membership
or  not-for-profit  corporation  shall hereafter be filed which includes
among its corporate purposes or powers the establishment or operation of
any hospital, as  defined  in  this  article,  or  the  solicitation  of
contributions  for  any  such  purpose, or two or more of such purposes,
except with the written approval of the public health and  health  plan-
ning  council,  and  when  otherwise required by law of a justice of the
supreme court, [endorsed on or annexed to] the certificate  of  incorpo-
ration  INCLUDES  A  CERTIFICATION  THAT  SUCH WRITTEN APPROVAL HAS BEEN
OBTAINED. No articles of organization of  a  limited  liability  company
established pursuant to the New York limited liability company law which
includes  among its powers or purposes the establishment or operation of
any hospital as defined in this article, shall be filed with the depart-
ment of state except [upon] WHEN THE ARTICLES OF ORGANIZATION INCLUDE  A
CERTIFICATION THAT the approval of the public health and health planning
council HAS BEEN OBTAINED.
  S 37. Section 41 of the transportation corporations law, as amended by
chapter 782 of the laws of 1969, is amended to read as follows:
  S  41.  Municipal consent to incorporation. No certificate of incorpo-
ration of a water-works corporation shall  be  filed  unless  [there  be
annexed thereto a] THE CERTIFICATE INCLUDES A CERTIFICATION THAT consent
to  the  formation  of  the  corporation, signed and acknowledged by the
local authorities of each municipality named  in  such  certificate  HAS
BEEN OBTAINED.  Such authorities shall be:  in a city, a majority of the
members  of  the  board or body having charge of the water supply, or if
there be no such board or body, a majority of the members of  the  local
legislative  body;  in a village, a majority of the members of the board
of trustees; in a town outside of a village, the town superintendent  of
highways  and  a majority of the members of the town board. Such consent
to the formation of the corporation shall not be granted by  said  local
authorities  until  ten  days prior notice in writing of the application
for such consent and until an engineering plan for proposed water system
specifying location and size and  type  of  wells,  pumps,  distribution
mains  and  other  facilities  of  the  water supply and/or distribution
system is furnished by the water works corporation to the local authori-
ties and to the county water authority, and to the county water district
if there be such authority or district where  the  proposed  corporation
seeks  to  operate; and until said authority or district has reported in
writing to the municipality named in the  certificate  of  incorporation
its recommendations as to whether or not such consent should be granted,
setting  forth  the  reasons for such recommendation and a finding as to
whether the proposed water supply and/or distribution system is  reason-
ably  comparable to standards of a county-wide water system and suitable

S. 2608                            55                            A. 3008

for eventual integration with such county-wide water system. Said report
shall be filed with such municipality on or before the tenth  day  after
the giving of the notice aforesaid.
  S  38. Subdivision 1 of section 116 of the transportation corporations
law, as amended by chapter 828 of the laws of 1970, is amended  to  read
as follows:
  1. No certificate of incorporation of a sewage-works corporation shall
be  filed  unless  [there be annexed thereto] THE CERTIFICATE INCLUDES A
CERTIFICATION THAT a certificate or certificates duly executed in behalf
of the local governing bodies of the city, town or village, as the  case
may be, in which any part of a sewer system provided by such corporation
is situate and, in the county of Suffolk, an additional certificate duly
executed  in behalf of the county sewer agency, consenting to the forma-
tion of the corporation for the area described in such  certificate  HAS
BEEN OBTAINED.
  S  39.  This  act shall take effect immediately; provided however that
section twenty-three of this act shall take effect on the  sixtieth  day
after it shall have become a law.

                                SUBPART C

  Section  1.  Paragraph  (a) of section 602 of the business corporation
law is amended to read as follows:
  (a) Meetings of shareholders may be held  at  such  place,  within  or
without  this  state, as may be fixed by or under the by-laws, or if not
so fixed, at the office of the corporation in this  state.    EXCEPT  AS
PROVIDED  IN  THE  BY-LAWS, SHAREHOLDERS MAY PARTICIPATE IN A MEETING BY
MEANS OF CONFERENCE TELEPHONE OR  SIMILAR  COMMUNICATIONS  EQUIPMENT  BY
MEANS  OF  WHICH  ALL PERSONS PARTICIPATING IN THE MEETING CAN HEAR EACH
OTHER. SUCH PARTICIPATION SHALL CONSTITUTE PRESENCE  IN  PERSON  AT  THE
MEETING.
  S 2. Paragraph (b) of section 402 of the limited liability company law
is amended to read as follows:
  (b) Except as provided in the operating agreement, any member may vote
in person [or], by proxy, OR BY ELECTRONIC MEANS.
  S  3.  Paragraphs  (a)  and  (c)  of section 603 of the not-for-profit
corporation law, paragraph (c) as amended by chapter 961 of the laws  of
1972, are amended to read as follows:
  (a)  Meetings  of members may be held at such place, within or without
this state, as may be fixed by or under the by-laws or, if not so fixed,
at the office of the corporation in this state.  EXCEPT AS  PROVIDED  IN
THE BY-LAWS, MEMBERS MAY PARTICIPATE IN A MEETING BY MEANS OF CONFERENCE
TELEPHONE  OR  SIMILAR  COMMUNICATIONS  EQUIPMENT  BY MEANS OF WHICH ALL
PERSONS PARTICIPATING IN THE MEETING CAN HEAR EACH OTHER.  SUCH  PARTIC-
IPATION SHALL CONSTITUTE PRESENCE IN PERSON AT THE MEETING.
  (c)  Special meetings of the members may be called by the board and by
such person or persons as may be authorized by the certificate of incor-
poration or the by-laws.  In any case, such meetings may be convened  by
the  members  entitled to cast ten per cent of the total number of votes
entitled to be cast at such meeting, who may,  in  writing,  demand  the
call  of  a special meeting specifying the date and month thereof, which
shall not be less than two nor more than three months from the  date  of
such written demand. The secretary of the corporation upon receiving the
written  demand  shall  promptly  give  notice of such meeting, or if he
fails to do so within five business days thereafter, any member  signing
such demand may give such notice. The meeting shall be held at the place

S. 2608                            56                            A. 3008

fixed  in  the  by-laws or, if not so fixed, at the office of the corpo-
ration.  EXCEPT AS PROVIDED IN THE BY-LAWS, MEMBERS MAY PARTICIPATE IN A
MEETING BY MEANS  OF  CONFERENCE  TELEPHONE  OR  SIMILAR  COMMUNICATIONS
EQUIPMENT BY MEANS OF WHICH ALL PERSONS PARTICIPATING IN THE MEETING CAN
HEAR  EACH OTHER. SUCH PARTICIPATION SHALL CONSTITUTE PRESENCE IN PERSON
AT THE MEETING.
  S 4. Paragraph (b) of section 121-405 of the partnership law, as added
by chapter 950 of the laws of 1990, is amended to read as follows:
  (b) A partnership agreement  may  set  forth  provisions  relating  to
notice  of the time, place or purpose of any meeting at which any matter
is to be voted on by any general partners, waiver of  any  such  notice,
action by consent without a meeting, the establishment of a record date,
quorum  requirements,  voting in person [or], by proxy, OR BY ELECTRONIC
MEANS or any other matter with respect to the exercise of any such right
to vote.
  S 5. This act shall take effect immediately.

                                SUBPART D

  Section 1. Section 401 of the business corporation law, as amended  by
chapter 900 of the laws of 1974, is amended to read as follows:
S 401. Incorporators.
  One  or  more  natural persons [of the age of] AT LEAST eighteen years
[or over] OF AGE OR  ANY  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  OR
CORPORATION,  SINGLY OR JOINTLY WITH OTHERS, may act as incorporators of
a corporation to be formed under this chapter.
  S 2. Subdivisions (a) and (b) of section 203 of the limited  liability
company  law,  subdivision  (a) as amended by chapter 470 of the laws of
1997, is amended to read as follows:
  (a) One or more NATURAL persons AT LEAST EIGHTEEN YEARS OF AGE OR  ANY
PARTNERSHIP,  LIMITED  LIABILITY COMPANY, SINGLY OR JOINTLY WITH OTHERS,
may act as an organizer or organizers to form a limited liability compa-
ny by (i) preparing the articles of organization of such limited liabil-
ity company in accordance with subdivision (e)  of  this  section,  (ii)
executing  such  articles of organization in accordance with section two
hundred seven of this article and (iii) filing such  articles,  entitled
"Articles  of  organization  of...  (name  of limited liability company)
under section two hundred three of the Limited Liability  Company  Law,"
in accordance with section two hundred nine of this article.
  (b) An organizer may, but need not be, a member of the limited liabil-
ity company that he [or], she OR IT forms.
  S  3. Section 401 of the not-for-profit corporation law, as amended by
chapter 901 of the laws of 1974, is amended to read as follows:
S 401. Incorporators.
  One or more natural persons at least eighteen  years  of  age  OR  ANY
PARTNERSHIP, LIMITED LIABILITY COMPANY, OR CORPORATION, SINGLY OR JOINT-
LY  WITH  OTHERS, may act as incorporators of a corporation to be formed
under this chapter.
  S 4. This act shall take effect immediately.

                                SUBPART E

  Section 1. Section 19 of the general associations law, as  amended  by
chapter 166 of the laws of 1991, is amended to read as follows:
  S  19.  Service  of process. Service of process against an association
upon the secretary of state shall be made by  personally  delivering  to

S. 2608                            57                            A. 3008

and  leaving with [him] THE SECRETARY OF STATE or a deputy [secretary of
state or an associate attorney,  senior  attorney  or  attorney  in  the
corporation  division  of  the  department of state, duplicate copies of
such  process],  OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE
TO RECEIVE SUCH SERVICE at the office of the department of state in  the
city of Albany, DUPLICATE COPIES OF SUCH PROCESS TOGETHER WITH THE STAT-
UTORY  FEE,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT.  [At the time of
such service the plaintiff shall pay a  fee  of  forty  dollars  to  the
secretary of state which shall be a taxable disbursement. If the cost of
registered  mail for transmitting a copy of the process shall exceed two
dollars, an additional fee equal to such excess shall  be  paid  at  the
time  of  the  service  of  such  process.] The secretary of state shall
[forthwith] PROMPTLY send by  CERTIFIED  registered  mail  one  of  such
copies  OF SUCH PROCESS to the association at the address fixed for that
purpose, as herein provided. If the action or proceeding  is  instituted
in  a  court  of limited jurisdiction, service of process may be made in
the manner provided in this section if the cause of action arose  within
the  territorial jurisdiction of the court and the office of the defend-
ant, as set forth in its statement filed pursuant to section eighteen of
this chapter, is within such territorial jurisdiction.
  S 2. This act shall take effect immediately.

                                SUBPART F

  Section 1. Subdivision 1 of section 180 of the tax law, as amended  by
section  42  of part A of chapter 389 of the laws of 1997, is amended to
read as follows:
  1. (a) Imposition. Every stock corporation incorporated under any  law
of  this  state  and  every corporation formed under the business corpo-
ration law of this state shall pay a tax of [one-twentieth  of  one  per
centum] TEN DOLLARS upon [the amount of the par value of all] the shares
[with  a  par  value] which it is authorized to issue [and a tax of five
cents on each share without a  par  value  which  it  is  authorized  to
issue],  and a like tax upon any shares subsequently authorized[, except
as hereinafter provided] OR CHANGED.
  (b) [Changes with respect to shares. (1) Every corporation which shall
change shares with par value into shares without par value shall  pay  a
tax  of  five cents for each share without par value resulting from such
change, less one-twentieth of one per centum of the  par  value  on  the
shares with par value so changed.
  (2) Every corporation which shall change shares without par value into
shares with par value shall pay a tax of one-twentieth of one per centum
upon  the  amount  of  the  par  value of the shares resulting from such
change, less five cents with respect to each share without par value  so
changed.
  (3) Every corporation which shall change shares without par value into
shares  without  par  value shall pay a tax of five cents for each share
without par value resulting from  such  change,  less  five  cents  with
respect  to each share without par value so changed, and less five cents
with respect to each share without par value not authorized previous  to
such  change  but  resulting from such change and issued pursuant to the
terms upon which such change is made, provided such change  is  effected
after  the  expiration  of  five  years from the date of the filing of a
certificate of incorporation pursuant to the stock  corporation  law  or
the business corporation law or a certificate of amendment to effect the
change  provided  for in subparagraph five of paragraph c of subdivision

S. 2608                            58                            A. 3008

two of section thirty-five of the stock corporation law or  in  subpara-
graph  eleven of paragraph (b) of section eight hundred one of the busi-
ness corporation law.
  (4)  Every  corporation  which shall change shares with par value into
both shares with par value and shares without par value shall pay a  tax
of  one-twentieth  of one per centum upon the amount of the par value of
the shares with par value resulting from such change plus five cents for
each share without par value resulting from such change, less  one-twen-
tieth of one per centum of the par value of the shares with par value so
changed.
  (5) Every corporation which shall change shares without par value into
both  shares with par value and shares without par value shall pay a tax
of one-twentieth of one per centum upon the amount of the par  value  of
the shares with par value resulting from such change plus five cents for
each share without par value resulting from such change, less five cents
with respect to each share without par value so changed.
  (c)  Minimum  tax.  Provided,  that  in no case shall a tax under this
section be less than ten dollars.
  (d)] Payment. Such tax shall be due and payable upon the incorporation
of such corporation and upon any subsequent authorization,  increase  of
par  value or change of shares. [Except in the case of a railroad corpo-
ration, neither the secretary of state nor county clerk shall  file  any
certificate  of incorporation, or of amendment increasing capital stock,
or the number of par value of shares, or  a  certificate  of  merger  or
consolidation,  or  certificate of change or authorization of shares, or
give any certificate to any such corporation until  such  tax  has  been
paid,  and no stock corporation or corporation formed under the business
corporation law shall  have  or  exercise  any  corporate  franchise  or
powers,  or  carry  on  business in this state until such tax shall have
been paid.
  (e)] (C) Mergers and consolidations. In case  of  the  merger  or  the
consolidation  of existing corporations into a single corporation, a new
corporation resulting from such consolidation or  a  constituent  corpo-
ration  surviving  such merger or consolidation shall be required to pay
the tax hereinbefore provided for, only if it is incorporated under  the
laws  of this state[, and then only upon the taxable amount of its capi-
tal stock or shares in excess of the aggregate amount of  capital  stock
or  shares  of  such  of  the constituent corporations as were organized
under the laws of this state].
  [(f)] (D) Special corporations. This section shall not apply to  state
and  national  banks  and  trust  companies or to building, mutual loan,
accumulating fund and cooperative associations. [A railroad  corporation
need  not pay such tax at the time of filing its certificate of incorpo-
ration, but shall pay the same  before  the  public  service  commission
shall  grant a certificate, as required by the railroad law, authorizing
the construction of the road as proposed in its articles of association,
and such certificate shall not be granted by the public service  commis-
sion  until  it is furnished with a receipt for such tax from the secre-
tary of state. If the board of railroad commissioners or public  service
commission  shall have heretofore granted, or the public service commis-
sion shall hereafter grant, such certificate and upon an appeal from the
determination of such board of railroad commissioners or public  service
commission,  such  certificate  has been or may hereafter be denied, the
state treasurer shall refund the amount of tax so paid to  the  railroad
corporation  or  corporations  by which such tax was paid, upon proof of
payment being presented and appropriation being made therefor.]

S. 2608                            59                            A. 3008

  S 2. Subdivision 2 of section 180 of the tax law, as amended by  chap-
ter 685 of the laws of 1938, is amended to read as follows:
  2.  The  tax  imposed  by this section shall be collected by the state
officer in whose office the original  certificate  of  incorporation  or
[certificate  of  increase  of amount of capital stock or certificate of
increase of number or par value of shares  or  consolidation  agreement,
or]  certificate  changing or authorizing shares, as the case may be, is
required by law to be filed, and such state officer  shall[,  except  in
the case of the certificate of incorporation of a railroad corporation,]
collect  such  tax  before  filing  such  certificate and shall note the
payment of such tax thereon and shall issue a receipt therefor.
  S 3.  Subdivision 1 of section 181 of  the  tax  law,  as  amended  by
section  43  of part A of chapter 389 of the laws of 1997, is amended to
read as follows:
  1. (a) Definition. As used in this  section,  the  term  "corporation"
includes a joint-stock company or association and any business conducted
by  a  trustee or trustees wherein interest or ownership is evidenced by
certificate or other written instrument.
  (b) Imposition. Every foreign corporation, except banking corporations
as defined in paragraph one, two, three, four, five, six, seven or eight
of subsection (a) of section fourteen hundred fifty-two of this chapter,
fire,  marine,  casualty  and  life  insurance  companies,  co-operative
fraternal insurance companies, and building and loan associations, doing
business in this state, shall pay a license fee of [one-twentieth of one
per centum] TEN DOLLARS on its issued [par value] capital stock employed
within  this  state  [and  five cents on each share of its capital stock
without par value employed within this state] AND A LIKE  TAX  UPON  ANY
CAPITAL  STOCK  SUBSEQUENTLY  AUTHORIZED OR CHANGED for the privilege of
exercising its corporate franchises or carrying on its business in  such
corporate  or  organized  capacity  in  this state.   [The first payment
pursuant to this section shall not be less than ten dollars.]
  (c) [Recomputation based on changes. In any case  where  a  change  is
made  in  the capital share structure of a corporation, or the amount of
capital stock employed in this state is  increased,  the  fee  shall  be
recomputed  on  the basis of such change or increase, and there shall be
credited against the fee, as recomputed, the amount of any fee that  may
have  been  previously  paid  pursuant  to this section, but, if the fee
previously paid exceeds the fee as recomputed, there shall be no refund.
  (d) Apportionment. The measure of the amount of capital stock employed
in this state shall be such a portion of the issued capital stock as the
gross assets, exclusive of obligations issued by the United  States  and
cash  on  hand  and on deposit, employed in business by such corporation
within this state, bear to the gross assets,  exclusive  of  obligations
issued  by  the  United States and cash on hand and on deposit, wherever
employed in business by such corporation,  except  that  the  amount  of
capital  stock  employed  in  this state by a corporation subject to tax
under article nine-A of this chapter shall be  that  proportion  of  its
capital  stock which is equal to the proportion of its business, invest-
ment and subsidiary capital allocable within the state pursuant  to  the
provisions of said article. The capital of a corporation invested in the
stock  of another corporation shall be deemed to be assets located where
the assets of the issuing corporation, other than  patents,  copyrights,
trade-marks, contracts and good will, are located.
  (e)  Procedures  and collection. The amount of capital upon which such
license fees shall be paid shall be fixed by the commissioner, who shall
have the same authority to examine the books and records in  this  state

S. 2608                            60                            A. 3008

of  such foreign corporations, and the employees thereof as such commis-
sioner has in the case of domestic corporations,  and  the  commissioner
shall  have the same power to issue a warrant for the collection of such
license fees, as now exists with regard to domestic corporations.
  (f)]  Article nine-A taxpayers. Notwithstanding any other provision of
this section, every foreign corporation subject  to  tax  under  article
nine-A  of this chapter shall also be subject to the license fee imposed
by this section for the privilege of exercising its corporate franchise,
or of doing business, or of employing capital, or of owning  or  leasing
property in this state in a corporate or organized capacity, or of main-
taining an office in this state.
  S 4. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Subparts A through F of this act shall
be as specifically set forth in the last section of such Subparts.
  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 Q of this act shall  be
as specifically set forth in the last section of such Parts.

S2608A - Bill Details

See Assembly Version of this Bill:
A3008D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2608A - Bill Texts

view summary

Authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2013-2014 (Part A); relates to the statewide transmission tax and amends part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof (Part B); imposes driver's license sanctions (Part C); relates to the hours of operation of the department of motor vehicles; and provides for the repeal of such provisions upon expiration thereof (Part D); relates to enforcement assistance; and repeals section 357-a of the public authorities law relating to payment by the New York state thruway authority for services provided by the division of state police (Part E); establishes the "Cleaner, Greener NY Act of 2013"; repeals section 27-1017 of the environmental conservation law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part F); relates to mandatory tire acceptance (Part G); amends chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, in relation to the effectiveness thereof (Part H); to amend chapter 58 of the laws of 2012 amending the public authorities law, relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to extending certain authority of the dormitory authority of the state of New York and directing the dormitory authority to report on a design and construction management agreement between such authority and the department of environmental conservation and/or the office of parks, recreation and historic preservation (Part I); authorizes and directs the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part K); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part L); authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part M); amends chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part P); relates to the issuance of hunting and fishing licenses; amends part AA of chapter 60 of the laws of 2011, amending the environmental conservation law relating to saltwater recreational fishing registrations, in relation to making the provisions of such part permanent; and repeals certain provisions of such law relating thereto (Part R); amends the agriculture and markets law and the public authorities law, in relation to alternate generated power sources at retail gasoline outlets (Part S); requires the New York state energy research and development authority to develop recommendations regarding the establishment of microgrids (Part T); relates to the use of ultra low sulfur diesel fuel and best available technology by the state (Part U); relates to airport improvement and revitalization grants and loans (Part V).

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

    S. 2608--A                                            A. 3008--A

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

                            January 22, 2013
                               ___________

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

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

AN  ACT to authorize funding for the Consolidated Local Street and High-
  way Improvement Program (CHIPS)  and  Marchiselli  program  for  state
  fiscal  year  2013-2014 (Part A); to amend the tax law, in relation to
  the statewide transmission tax (Part B);  to  amend  the  vehicle  and
  traffic  law,  in relation to imposing drivers license sanctions (Part
  C); to amend the vehicle and traffic law, in relation to the hours  of
  operation  of  the department of motor vehicles (Part D); to amend the
  public authorities law, in relation to enforcement assistance; and  to
  repeal  section  357-a of such law relating to payment by the New York
  state thruway authority for services provided by the division of state
  police (Part E); to amend the environmental conservation law  and  the
  state  finance  law, in relation to establishing the "Cleaner, Greener
  NY Act of 2013"; and repealing section 27-1017  of  the  environmental
  conservation law relating thereto (Part F); to amend the environmental
  conservation  law,  in relation to waste tire management and recycling
  fees (Part G); to amend chapter 393 of the laws of 1994, amending  the
  New  York  state  urban  development  corporation act, relating to the
  powers of the New York state urban  development  corporation  to  make
  loans,  in  relation  to  the effectiveness thereof (Part H); to amend
  chapter 58 of the laws of 2012 amending  the  public  authorities  law
  relating  to authorizing the dormitory authority to enter into certain
  design and construction management agreements, in relation to  extend-
  ing  certain  authority of the dormitory authority of the state of New
  York (Part I); Intentionally omitted (Part J); to authorize and direct
  the New York state energy research and development authority to make a
  payment to the general fund of up to $913,000 (Part K);  to  authorize
  the  New  York  state  energy  research  and  development authority to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12573-02-3

S. 2608--A                          2                         A. 3008--A

  finance a portion of its research, development and  demonstration  and
  policy  and  planning  programs  from  assessments on gas and electric
  corporations (Part L);  to  authorize  the  department  of  health  to
  finance  certain activities with revenues generated from an assessment
  on cable television companies (Part M); to amend  the  public  service
  law,  in  relation to extending the temporary state energy and utility
  conservation assessment; and to amend section 6 of part NN of  chapter
  59  of  the  laws  of 2009 amending the public service law relating to
  financing the operations of the  department  of  public  service,  the
  public  service  commission,  department support and energy management
  services provided by other  state  agencies,  increasing  the  utility
  assessment  cap  and  the minimum threshold for collection thereunder,
  and establishing a temporary state energy and utility service  conser-
  vation  assessment  and  providing  for  the  collection  thereof,  in
  relation to extending the effectiveness thereof (Part N); to amend the
  public service law, in relation to  strengthening  the  oversight  and
  enforcement  mechanisms of the Public Service Commission; to amend the
  general business law, in  relation  to  expanding  the  definition  of
  underground facilities and increasing fines for violations relating to
  the  protection  of  underground  facilities;  and  to  repeal certain
  provisions of the public service law relating  thereto  (Part  O);  to
  amend  chapter  21  of  the  laws  of 2003, amending the executive law
  relating to permitting the  secretary  of  state  to  provide  special
  handling  for  all documents filed or issued by the division of corpo-
  rations and to permit additional levels of such expedited service,  in
  relation  to  extending  the  expiration date thereof (Part P); and to
  amend the banking law, the cooperative corporations law,  the  general
  business  law,  and the not-for-profit corporation law, in relation to
  facilitating an online corporate filing system by  removing  the  type
  classification  system  for  not-for-profit  corporations;  to  repeal
  certain provisions of the not-for-profit corporation law and the reli-
  gious corporations law, relating thereto (Subpart  A);  to  amend  the
  business corporation law, the education law, the general business law,
  the limited liability company law, the not-for-profit corporation law,
  the  partnership  law,  the  private  housing  finance law, the public
  health law and the transportation corporations  law,  in  relation  to
  facilitating online filing by authorizing self-certification by filers
  with  regard to required consents; to repeal certain provisions of the
  business corporation  law  and  the  not-for-profit  corporation  law,
  relating  thereto  (Subpart B); to amend the business corporation law,
  the limited liability company law, the not-for-profit corporation  law
  and the partnership law, in relation to authorizing electronic attend-
  ance  at  meetings (Subpart C); to amend the business corporation law,
  the limited liability company law and the  not-for-profit  corporation
  law,  in  relation  to  who may act as an incorporator (Subpart D); to
  amend the general associations law, in  relation  to  serving  process
  upon the secretary of state as agent (Subpart E) (Part Q)

  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 2013-2014
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through Q. The effective date for each  particular

S. 2608--A                          3                         A. 3008--A

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

                                 PART A

  Section 1. The sum of four hundred two million seven  hundred  ninety-
seven  thousand  dollars  ($402,797,000), or so much thereof as shall be
necessary, and in addition to amounts previously appropriated by law, is
hereby made available, in accordance with subdivision 1 of  section  380
of  the  public  authorities  law as amended, according to the following
schedule. Payments pursuant to subdivision (a) of this section shall  be
made  available  as  moneys become available for such payments. Payments
pursuant to subdivisions (b) and (c)  of  this  section  shall  be  made
available on the fifteenth day of June, September, December and March or
as  soon  thereafter  as  moneys  become available for such payments. No
moneys of the state in the state treasury or any of its funds  shall  be
available for payments pursuant to this section:
                                SCHEDULE
  (a)  Thirty-nine  million seven hundred thousand dollars ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the laws of 1991, as added by section 9 of chapter 330 of  the  laws  of
1991,  as  amended.  The department of transportation shall provide such
information to the municipalities as may be necessary  to  maintain  the
federal  tax  exempt  status  of  any bonds, notes, or other obligations
issued by such municipalities to provide for the  non-federal  share  of
the  cost  of  projects  pursuant  to chapter 330 of the laws of 1991 or
section 80-b of the highway law.
  The program authorized pursuant to section 15 of chapter  329  of  the
laws  of 1991, as added by section 9 of chapter 330 of the laws of 1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year     Amount
                    2013-14               $39,700,000
  (b)  Three  hundred  four  million  three  hundred  thousand   dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of  eligible  costs  of  local  highway  and bridge projects pursuant to
sections 16 and 16-a of chapter 329 of the laws of  1991,  as  added  by
section  9  of  chapter  330  of  the  laws of 1991, as amended. For the
purposes of computing allocations to municipalities, the amount distrib-
uted pursuant to section 16 of chapter 329 of the laws of 1991 shall  be
deemed  to  be  $121,520,000. The amount distributed pursuant to section
16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be
$182,780,000.  Notwithstanding  the provisions of any general or special
law, the amounts deemed distributed in accordance  with  section  16  of
chapter  329  of the laws of 1991 shall be adjusted so that such amounts
will not be less than 83.807 percent of the "funding level"  as  defined
in  subdivision 5 of section 10-c of the highway law for each such muni-
cipality. In order to achieve the objectives of section  16  of  chapter
329  of the laws of 1991, to the extent necessary, the amounts in excess
of 83.807 percent of the funding level to be deemed distributed to  each

S. 2608--A                          4                         A. 3008--A

municipality  under  this  subdivision shall be reduced in equal propor-
tion.
  (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible  costs  of
local  highway  and  bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing  allocations
to  municipalities,  the  amount  distributed  pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be  $23,480,000.  The
amount  distributed  pursuant to section 16-a of chapter 329 of the laws
of  1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding   the
provisions of any general or special law, the amounts deemed distributed
in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 16.193 percent of
the "funding level" as defined in subdivision 5 of section 10-c  of  the
highway  law  for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
necessary,  the amounts in excess of 16.193 percent of the funding level
to be deemed distributed to each  municipality  under  this  subdivision
shall  be  reduced  in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000,
the payment amounts to each locality shall  be  adjusted  by  a  uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991,  as  amended,  shall  additionally make payments for reimbursement
according to the following schedule:
                    State Fiscal Year     Amount
                    2013-14               $363,097,000
  S 2. This act shall take effect immediately.

                                 PART B

  Section 1. Subdivision 3 of section 205 of the tax law,  as  added  by
section  8  of  part U1 of chapter 62 of the laws of 2003, is amended to
read as follows:
  3. [From the] THE moneys collected from the taxes imposed by  sections
one  hundred eighty-three and one hundred eighty-four of this article on
and after April first, two thousand  [four]  THIRTEEN,  after  reserving
amounts  for refunds or reimbursements, SHALL BE DISTRIBUTED AS FOLLOWS:
twenty percent of such moneys shall be deposited to the  credit  of  the
dedicated  highway  and bridge trust fund established by section eighty-
nine-b of the state finance law[. The remainder], FIFTY-FOUR PERCENT  OF
SUCH  MONEYS  shall  be  deposited  in the mass transportation operating
assistance fund to the credit of the  metropolitan  mass  transportation
operating  assistance account created pursuant to section eighty-eight-a
of the state finance law AND TWENTY-SIX PERCENT OF SUCH MONEYS SHALL  BE
DEPOSITED  IN  THE  MASS TRANSPORTATION OPERATING ASSISTANCE FUND TO THE
CREDIT OF THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT
CREATED PURSUANT TO SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner  as  the expiration and repeal of subdivision 3 of section 205 of
the tax law per section 2 of part P of chapter 59 of the laws  of  2012,
as  amended;  provided, however, that the amendments to subdivision 3 of
section 205 of the tax law made by section one of  this  act  shall  not

S. 2608--A                          5                         A. 3008--A

affect the repeal of such subdivision and shall be deemed repealed ther-
ewith.

                                 PART C

  Section  1.  Paragraph  (a)  of  subdivision 4 of section 510-a of the
vehicle and traffic law, as amended by section 14 of part E  of  chapter
60 of the laws of 2005, is amended to read as follows:
  (a)  A  serious  traffic  violation  shall mean operating a commercial
motor vehicle IN  VIOLATION  OF  A  STATE  OR  LOCAL  LAW  OR  ORDINANCE
RESTRICTING  OR PROHIBITING THE USE OF A HAND-HELD MOBILE TELEPHONE OR A
PORTABLE  ELECTRONIC  DEVICE  WHILE  DRIVING  OR  in  violation  of  any
provision  of  this chapter or the laws of any other state, the District
of Columbia or any Canadian province which (i) limits the speed of motor
vehicles, provided the violation involved fifteen or more miles per hour
over the established speed limit; (ii) is defined as reckless driving by
state or local law or regulation; (iii) prohibits  improper  or  erratic
lane  change; (iv) prohibits following too closely; (v) relates to motor
vehicle traffic (other than parking, standing  or  stopping)  and  which
arises  in connection with a fatal accident; (vi) operating a commercial
motor vehicle without first obtaining a commercial driver's  license  as
required  by  section  five hundred one of this title; (vii) operating a
commercial motor vehicle without a commercial driver's  license  in  the
driver's  possession;  or  (viii)  operating  a commercial motor vehicle
without the proper class of commercial driver's license and/or  endorse-
ment  for  the  specific vehicle being operated or for the passengers or
type of cargo being transported.
  S 2. Paragraphs (c) and (e) of subdivision 1 of section 1225-c of  the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended to read as follows:
  (c)  "Using" shall mean holding a mobile telephone to, or in the imme-
diate proximity of, the user's ear, DIALING OR ANSWERING A MOBILE  TELE-
PHONE  BY  PRESSING  MORE THAN A SINGLE BUTTON, OR REACHING FOR A MOBILE
TELEPHONE IN A MANNER THAT REQUIRES A DRIVER TO MANEUVER  SO  THAT  SUCH
DRIVER IS NO LONGER IN A SEATED POSITION, RESTRAINED BY A SEAT BELT THAT
IS INSTALLED IN ACCORDANCE WITH 49 CFR 393.93 AND ADJUSTED IN ACCORDANCE
WITH THE VEHICLE MANUFACTURER'S INSTRUCTIONS.
  (e)  "Hands-free  mobile telephone" shall mean a mobile telephone that
has an internal feature or function, or that is equipped with an attach-
ment or addition, whether or not permanently part of such  mobile  tele-
phone, by which a user engages in a call without the use of either hand,
whether  or not the use of either hand is necessary to activate, deacti-
vate or initiate a function of such telephone, PROVIDED, HOWEVER, THAT A
TELEPHONE THAT REQUIRES DIALING OR ANSWERING SUCH TELEPHONE BY  PRESSING
MORE THAN A SINGLE BUTTON SHALL NOT CONSTITUTE A HANDS-FREE MOBILE TELE-
PHONE.
  S  3. Paragraphs (a) and (b) of subdivision 2 of section 1225-c of the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended and a new paragraph (d) is added to read as follows:
  (a) Except as otherwise provided in  this  section,  no  person  shall
operate a motor vehicle upon a public highway while using a mobile tele-
phone  to  engage  in  a call while such vehicle is in motion, PROVIDED,
HOWEVER, NO PERSON SHALL OPERATE A COMMERCIAL MOTOR VEHICLE, AS  DEFINED
IN  SUBDIVISION  FOUR-A  OF SECTION TWO OF THE TRANSPORTATION LAW, WHILE
USING A MOBILE TELEPHONE ON A PUBLIC HIGHWAY, INCLUDING WHILE  TEMPORAR-
ILY  STATIONARY  BECAUSE  OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER

S. 2608--A                          6                         A. 3008--A

MOMENTARY DELAYS. THE OPERATOR OF A COMMERCIAL MOTOR VEHICLE MAY  USE  A
MOBILE  TELEPHONE  WHEN  SUCH OPERATOR HAS MOVED THE VEHICLE TO THE SIDE
OF, OR OFF, A HIGHWAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN
REMAIN  STATIONARY UNLESS STOPPING IS PROHIBITED BY LAW, RULES AND REGU-
LATIONS OR BY A DIRECTIVE OF LAW ENFORCEMENT.
  (b) An operator of [a] ANY motor vehicle who holds a mobile  telephone
to,  or  in the immediate proximity of his or her ear while such vehicle
is in motion is presumed to be engaging in a call within the meaning  of
this  section, PROVIDED, HOWEVER, THAT AN OPERATOR OF A COMMERCIAL MOTOR
VEHICLE WHO HOLDS A MOBILE TELEPHONE TO, OR IN THE  IMMEDIATE  PROXIMITY
OF  HIS  OR HER EAR WHILE SUCH VEHICLE IS TEMPORARILY STATIONARY BECAUSE
OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS IS  ALSO
PRESUMED  TO  BE  ENGAGING IN A CALL WITHIN THE MEANING OF THIS SECTION.
The  presumption  established  by  this  subdivision  is  rebuttable  by
evidence tending to show that the operator was not engaged in a call.
  (D)  NO  MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A HAND-HELD MOBILE TELEPHONE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S 4. Subdivision 1 of section 1225-d of the vehicle and  traffic  law,
as  added  by  chapter  403  of  the laws of 2009, is amended to read as
follows:
  1. Except as otherwise provided in this section, no person shall oper-
ate a motor vehicle while using any  portable  electronic  device  while
such  vehicle is in motion, PROVIDED, HOWEVER, NO PERSON SHALL OPERATE A
COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION  FOUR-A  OF  SECTION
TWO  OF THE TRANSPORTATION LAW, WHILE USING A PORTABLE ELECTRONIC DEVICE
ON A PUBLIC HIGHWAY, INCLUDING WHILE TEMPORARILY STATIONARY  BECAUSE  OF
TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS. THE OPERA-
TOR  OF  A COMMERCIAL MOTOR VEHICLE MAY USE A PORTABLE ELECTRONIC DEVICE
WHEN SUCH OPERATOR HAS MOVED THE VEHICLE TO THE SIDE OF, OR OFF, A HIGH-
WAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN REMAIN STATIONARY
UNLESS STOPPING IS PROHIBITED BY LAW, RULES, AND  REGULATIONS  OR  BY  A
DIRECTIVE OF LAW ENFORCEMENT.
  S  5.  Section  1225-d  of  the  vehicle and traffic law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. NO MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF  SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A PORTABLE ELECTRONIC DEVICE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S  6. Paragraphs (a) and (b) of subdivision 2 of section 1225-d of the
vehicle and traffic law, as added by chapter 403 of the  laws  of  2009,
are amended to read as follows:
  (a) "Portable electronic device" shall mean any hand-held mobile tele-
phone,  as  defined by subdivision one of section twelve hundred twenty-
five-c of this  article,  personal  digital  assistant  (PDA),  handheld
device  with  mobile  data  access,  laptop  computer,  pager, broadband
personal communication  device,  two-way  messaging  device,  electronic
game,  or  portable  computing device OR ANY OTHER DEVICE USED TO INPUT,
WRITE, SEND, RECEIVE OR READ TEXT.
  (b) "Using" shall mean holding  a  portable  electronic  device  while
viewing,  taking or transmitting images, INSTANT MESSAGING, PERFORMING A
COMMAND OR REQUEST TO ACCESS A WORLD WIDE WEB PAGE,  playing  games,  or
composing, sending, reading, viewing, accessing, browsing, transmitting,
saving or retrieving e-mail, text messages, or other electronic data.
  S  7.  This  act shall take effect October 28, 2013 and shall apply to
violations committed on or after such date.

S. 2608--A                          7                         A. 3008--A

                                 PART D

  Section  1.  Subdivision  1  of section 200 of the vehicle and traffic
law, as amended by chapter 60 of the laws of 1993, is amended to read as
follows:
  1. There shall be in the state government a department of motor  vehi-
cles.    The  head  of the department shall be the commissioner of motor
vehicles who shall be appointed by the governor, by and with the  advice
and  consent of the senate, and hold office until the end of the term of
the appointing governor and until a successor is appointed and has qual-
ified, and who shall receive an annual salary within the  amount  appro-
priated  therefor.  The  commissioner  of  motor vehicles shall have the
immediate charge of the department. The commissioner of  motor  vehicles
may  appoint, and at pleasure remove, such deputy commissioners of motor
vehicles, inspectors, examiners and other assistants  and  employees  of
the  department  as  are  deemed necessary, within the amounts available
therefor by appropriation. The commissioner of motor  vehicles  and  all
other officers and employees of the department shall be paid and allowed
their necessary, actual and reasonable expenses incurred in the exercise
of  their  duties.  All salaries and expenses of the department shall be
paid out of the state treasury on the audit and  warrant  of  the  comp-
troller  on  the  certificate of the commissioner of motor vehicles. The
principal office of the department shall  be  in  the  city  of  Albany.
NOTWITHSTANDING  THE PROVISIONS OF SECTION SIXTY-TWO OF THE PUBLIC OFFI-
CERS LAW, THE COMMISSIONER  OF  MOTOR  VEHICLES  MAY  DESIGNATE  CERTAIN
BRANCH  OFFICES  OF  THE  DEPARTMENT  TO BE OPEN TO SERVE THE PUBLIC AND
TRANSACT BUSINESS ON SATURDAYS.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Section 357-a of public authorities law is REPEALED  and  a
new section 357-a is added to read as follows:
  S  357-A. STATE POLICE AND STATE PAYMENT FOR SERVICES.  1. ENFORCEMENT
ASSISTANCE SHALL BE PROVIDED BY THE DIVISION OF STATE POLICE AT A  LEVEL
CONSISTENT WITH HISTORICAL PRECEDENTS, AS A MATTER OF STATE INTEREST, ON
ALL  SECTIONS  OF  THE  THRUWAY.  THE  AUTHORITY SHALL PROVIDE GOODS AND
SERVICES TO THE DIVISION OF STATE POLICE IN CONNECTION WITH ITS ENFORCE-
MENT ACTIVITY ON THE THRUWAY. THE  DIVISION  OF  STATE  POLICE  AND  THE
AUTHORITY  SHALL  ENTER  INTO  AN  AGREEMENT IDENTIFYING THOSE GOODS AND
SERVICES THAT THE AUTHORITY WILL PROVIDE TO THE DIVISION OF STATE POLICE
AND DETERMINE REPORTING AND  OTHER  REQUIREMENTS  RELATED  THERETO.  ANY
COSTS  BORNE  BY THE STATE POLICE OUTSIDE OF SUCH AGREEMENT SHALL NOT BE
REIMBURSED BY THE AUTHORITY NOR  SHALL  THEY  BE  DEEMED  COSTS  OF  THE
AUTHORITY.
  2.  THE  STATE  SHALL BE RESPONSIBLE FOR ADDITIONAL GOODS AND SERVICES
PROVIDED BY THE AUTHORITY EQUAL TO TWENTY-FOUR MILLION DOLLARS  IN  EACH
CALENDAR  YEAR.  SUCH  GOODS AND SERVICES SHALL BE DEEMED TO BE COSTS TO
THE STATE AND NOT OPERATING COSTS OF THE AUTHORITY.  THE  AUTHORITY  AND
THE DIRECTOR OF THE DIVISION OF THE BUDGET SHALL ENTER INTO AN AGREEMENT
IDENTIFYING  ANY  SUCH  STATE  COSTS  AND  DETERMINE REPORTING AND OTHER
REQUIREMENTS RELATED THERETO.
  3. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE  AUTHORITY  SHALL  NOT
CONSTITUTE  A  PUBLIC  BENEFIT CORPORATION WITHIN THE MEANING OF SECTION
TWENTY-NINE HUNDRED SEVENTY-FIVE  OF  THIS  CHAPTER  AND  SHALL  NOT  BE
ASSESSED AN ANNUAL COST RECOVERY CHARGE UNDER SAID SECTION.

S. 2608--A                          8                         A. 3008--A

  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2013.

                                 PART F

  Section  1.  This act shall be known and may be cited as the "Cleaner,
Greener NY act of 2013."
  S 2. Subdivision 2-a of section 27-1003 of the environmental conserva-
tion law, as added by section 3 of part SS of chapter 59 of the laws  of
2009, is amended to read as follows:
  2-a. "Bottler" means a person, firm or corporation who:
  a.  bottles, cans or otherwise packages beverages in beverage contain-
ers except that if such packaging  is  for  [a  distributor]  ANY  OTHER
PERSON, FIRM OR CORPORATION having the right to bottle, can or otherwise
package  the  same  brand  of  beverage,  then  such [distributor] OTHER
PERSON, FIRM OR CORPORATION shall be the bottler; or
  b. imports filled beverage containers into the United States.
  S 3. Subdivisions 2, 3, 4, 5, 7, 8 and 11 of section  27-1007  of  the
environmental  conservation  law,  as  added  by section 4 of part SS of
chapter 59 of the laws of 2009, are amended to read as follows:
  2. A dealer shall post a conspicuous sign, at the point of sale,  that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

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

YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
ACT:
  THE RIGHT to return your empties for refund to any  dealer  who  sells
the  same brand, type and size, whether you bought the beverage from the
dealer or not. It is illegal to return containers for refund  [that  you
did not pay] ON WHICH a deposit WAS NEVER PAID in New York state.
  THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
purchase.
  THE RIGHT to return your empties any day, any  hour,  except  for  the
first  and  last hour of the dealer's business day (empty containers may
be redeemed at any time in 24-hour stores).
  THE RIGHT to return your containers  if  they  are  REASONABLY  CLEAN,
empty  and  intact.   [Washing containers is not required by law, but is
strongly recommended to maintain sanitary conditions.]
  The New York state returnable container act can be enforced by the New
York state department of environmental conservation, the New York  state
department  of agriculture and markets, the New York state department of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such sign must be no less than eight inches by ten inches in size  and
have  lettering a minimum of one quarter inch high, and of a color which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
violations of this title. The telephone number shall be  listed  on  any
sign required by this section.
  3. [On or after June first, two thousand nine, a] A dealer WHOSE PLACE
OF  BUSINESS IS LESS THAN TEN THOUSAND SQUARE FEET IN SIZE may limit the
number of empty beverage containers to be accepted for redemption at the

S. 2608--A                          9                         A. 3008--A

dealer's place of business to no less than  seventy-two  containers  per
visit, per redeemer, per day, provided that:
  (a) The dealer has a written agreement with a redemption center, be it
either  at  a  fixed physical location within the same county and within
ONE AND one-half mile of the dealer's place of  business,  or  a  mobile
redemption  center,  operated  by  a  redemption center, that is located
within [one-quarter] ONE mile of the dealer's  place  of  business.  The
redemption  center  must  have  a  written  agreement with the dealer to
accept containers on behalf of the dealer; and the  redemption  center's
hours of operation must cover at least 9:00 a.m. through 7:00 p.m. daily
or  in  the  case  of a mobile redemption center, the hours of operation
must cover at least four consecutive hours between 8:00  a.m.  and  8:00
p.m.  daily. The dealer must post a conspicuous, permanent sign, meeting
the  size  and color specifications set forth in subdivision two of this
section, open to public view, identifying  the  location  and  hours  of
operation  of  the  affiliated  redemption  center  or mobile redemption
center; [and] OR
  (b) The dealer provides, at a minimum, a consecutive two  hour  period
between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
to two hundred forty containers, per redeemer,  per  day,  and  posts  a
conspicuous,  permanent  sign, meeting the size and color specifications
set forth in subdivision two of this section, open to public view, iden-
tifying those hours. The dealer may not change the hours  of  redemption
without first posting a thirty day notice[; and
  (c) The dealer's primary business is the sale of food or beverages for
consumption  off-premises,  and  the  dealer's place of business is less
than ten thousand square feet in size].
  4. A deposit initiator shall accept from a dealer  or  operator  of  a
redemption  center  any  empty  beverage container of the design, shape,
size, color, composition and brand sold  or  offered  for  sale  by  the
deposit  initiator,  PROVIDED  SUCH  CONTAINERS  ARE  PROPERLY SORTED AS
DETERMINED IN RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER  and
shall pay the dealer or operator of a redemption center the refund value
of  each  such  beverage  container as established by section 27-1005 of
this title. A deposit initiator shall accept and redeem all  such  empty
beverage  containers  from a dealer or redemption center without limita-
tion on quantity.
  5. A deposit initiator's or distributor's failure  to  pick  up  empty
beverage  containers[, including containers processed in a reverse vend-
ing machine,] from a redemption center, dealer  or  the  operator  of  a
reverse vending machine, shall be a violation of this title.
  7.  A  deposit  initiator  [on  a  brand] WHO INITIATES A DEPOSIT ON A
BEVERAGE CONTAINER shall accept SUCH EMPTY BEVERAGE CONTAINER  from  [a]
AND  REIMBURSE  ANY  distributor who [does not initiate deposits on that
brand any] ACCEPTED AND REDEEMED SUCH empty beverage [containers of that
brand accepted by the distributor] CONTAINER from a dealer  or  operator
of  a  redemption  center  [and shall reimburse the distributor] FOR the
[refund value of each such beverage container, as established by section
27-1005 of this title] DEPOSIT AND HANDLING FEE PAID BY THE DISTRIBUTOR.
[In addition, the deposit initiator shall reimburse such distributor for
each such beverage container the handling fee established under subdivi-
sion six of this section.] Without limiting the rights of the department
or any person, firm or corporation under this subdivision or  any  other
provision  of  this  [section]  TITLE,  a distributor shall have a civil
right of action to enforce this subdivision, including, upon three  days
notice,  the  right  to  apply  for temporary and preliminary injunctive

S. 2608--A                         10                         A. 3008--A

relief  against  continuing  violations,  and  until  arrangements   for
collection and return of empty containers or reimbursement of [such] THE
REDEEMING distributor for such deposits and handling fees are made.
  8. It shall be the responsibility of the deposit initiator or distrib-
utor  to provide to a dealer or redemption center a sufficient number of
bags, cartons, or other suitable containers, at no cost, for the packag-
ing, handling and pickup of  empty  beverage  containers  that  are  not
redeemed  through  a  reverse  vending  machine.  The  bags, cartons, or
containers must be provided by the deposit initiator or distributor on a
schedule that allows the dealer or redemption center sufficient time  to
sort  the  empty  beverage  containers  prior  to pick up by the deposit
initiator or distributor. In addition:
  (a) When picking up empty beverage containers, a deposit initiator  or
distributor  shall  not  require  a  dealer or redemption center to load
their own bags, cartons or containers onto or into  the  deposit  initi-
ator's  or  distributor's  vehicle  or  vehicles or provide the staff or
equipment needed to do so.   HOWEVER,  WHERE  PALLETS  OR  SKIDS,  BAGS,
CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
SIMILAR  EQUIPMENT,  A  DEPOSIT  INITIATOR  OR DISTRIBUTOR MAY REQUIRE A
DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST  USING
A  FORKLIFT  OR  SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION
CENTER.
  (b) A deposit initiator or distributor [shall not] MAY  require  empty
containers  to be counted at a location other than the redemption center
or dealer's place of business. The dealer  or  redemption  center  shall
have the right to be present at the count.
  (c)  A  deposit  initiator or distributor shall pick up empty beverage
containers from the dealer or redemption center at reasonable times  and
intervals THAT SHALL ALSO TAKE INTO ACCOUNT A MINIMUM VOLUME OF CONTAIN-
ERS  NECESSARY  FOR SUCH A PICK UP as determined in rules or regulations
promulgated by the department OR  ON  A  SCHEDULE  MEETING  THE  MINIMUM
REQUIREMENTS OF SUCH REGULATIONS AND AGREED TO IN WRITING BY THE DEPOSIT
INITIATOR OR DISTRIBUTOR AND THE REDEMPTION CENTER.
  11.  [Notwithstanding  the  provisions  of  subdivision two of section
27-1009 of this title, a deposit initiator or distributor  shall  accept
and  redeem beverage containers as provided in this title, if the dealer
or operator of a redemption center shall  have  accepted  and  paid  the
refund  value  of  such  beverage  containers.] NO PERSON SHALL PROGRAM,
TAMPER WITH, MISUSE, RENDER INACCURATE, OR CIRCUMVENT THE PROPER  OPERA-
TION  OF  A  REVERSE  VENDING  MACHINE  TO ELICIT DEPOSIT MONIES WHEN NO
VALID, REDEEMABLE BEVERAGE CONTAINER HAS  BEEN  PLACED  IN  THE  REVERSE
VENDING MACHINE.
  S 4. Section 27-1009 of the environmental conservation law, as amended
by section 5 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1009. Refusal of acceptance.
  1.  A  dealer or operator of a redemption center [may] SHALL refuse to
accept from a redeemer, and a deposit  initiator  or  distributor  [may]
SHALL  refuse to accept from a dealer or operator of a redemption center
any empty beverage container which does not state thereon a refund value
as established by section 27-1005 and provided  by  section  27-1011  of
this title.
  2.  A  dealer  [or],  operator of a redemption center, DISTRIBUTOR, OR
DEPOSIT INITIATOR may also refuse to accept any BEVERAGE CONTAINER WHICH
IS NOT REASONABLY CLEAN OR CONTAINS  A  SIGNIFICANT  AMOUNT  OF  FOREIGN
MATERIAL,  ANY broken bottle, ANY corroded, CRUSHED or dismembered [can]

S. 2608--A                         11                         A. 3008--A

CONTAINER, or any  beverage  container  which  [contains  a  significant
amount of foreign material,] IS OTHERWISE ALTERED SO THAT IT IS RENDERED
UNREDEEMABLE as determined in rules and regulations to be promulgated by
the  commissioner.    SUCH  REFUSAL  MUST OCCUR AT THE TIME THE BEVERAGE
CONTAINER IS TENDERED FOR  REDEMPTION.  NOTWITHSTANDING  THE  FOREGOING,
CONTAINERS  PROCESSED  THROUGH  REVERSE VENDING MACHINES AUTHORIZED BY A
DISTRIBUTOR OR DEPOSIT INITIATOR, AS DOCUMENTED THROUGH REVERSE  VENDING
MACHINE  RECONCILIATION  STATEMENTS  OR  OTHER REASONABLE DOCUMENTATION,
SHALL BE ACCEPTED BY A DISTRIBUTOR OR DEPOSIT INITIATOR.
  S 5. Subdivision 1 of section 27-1011 of the  environmental  conserva-
tion  law,  as amended by chapter 149 of the laws of 1983, is amended to
read as follows:
  1. a. Every beverage container sold or offered for sale in this  state
[by a distributor or dealer] shall clearly indicate by permanently mark-
ing  or  embossing  the  container or by printing as part of the product
label the refund value of the container and the words "New York" or  the
letters "NY"[; provided, however, in the case of private label beverages
such information may be embossed or printed on a label which is securely
or permanently affixed to the beverage container. Private label beverag-
es  shall be defined as beverages purchased from a beverage manufacturer
in beverage containers bearing a brand name or  trademark  for  sale  at
retail  directly  by  the owner or licensee of such brand name or trade-
mark; or through retail dealers affiliated with such owner  or  licensee
by a cooperative or franchise agreement].
  b.  Such  embossing  or permanent imprinting on the beverage container
shall be the responsibility of the person,  firm  or  corporation  which
bottles,  cans  or otherwise fills or packages a beverage container or a
brand owner for whose exclusive  account  private  label  beverages  are
bottled,  canned or otherwise packaged; provided, however, that the duly
authorized agent of any such person, firm or  corporation  may  indicate
such  refund value by a label securely affixed on any beverage container
containing beverages imported into the United  States.    PRIVATE  LABEL
BEVERAGES  SHALL  BE  DEFINED  AS  BEVERAGES PURCHASED FROM A BOTTLER IN
BEVERAGE CONTAINERS BEARING A BRAND NAME OR TRADEMARK FOR SALE AT RETAIL
DIRECTLY BY THE OWNER OR LICENSEE OF SUCH BRAND NAME  OR  TRADEMARK;  OR
THROUGH RETAIL DEALERS AFFILIATED WITH SUCH OWNER OR LICENSEE BY A COOP-
ERATIVE OR FRANCHISE AGREEMENT.
  S 6. Subdivision 5, paragraph b of subdivision 9 and subdivision 12 of
section  27-1012  of  the  environmental  conservation  law, as added by
section 8 of part SS of chapter 59 of the laws of 2009, are  amended  to
read as follows:
  5.  All monies collected or received by the department of taxation and
finance pursuant to this title shall be deposited to the credit  of  the
comptroller  with such responsible banks, banking houses or trust compa-
nies as may be designated by the comptroller.  Such  deposits  shall  be
kept  separate  and apart from all other moneys in the possession of the
comptroller. The comptroller shall require adequate  security  from  all
such depositories. Of the total revenue collected, the comptroller shall
retain the amount determined by the commissioner of taxation and finance
to  be  necessary  for refunds out of which the comptroller must pay any
refunds to which a deposit initiator may be  entitled.  After  reserving
the  amount  to  pay  refunds, the comptroller must, by the tenth day of
each month, pay into the state treasury to the  credit  of  the  general
fund  the  revenue deposited under this subdivision during the preceding
calendar month and remaining to the comptroller's credit on the last day
of that preceding month[.]; PROVIDED,  HOWEVER,  THAT,  BEGINNING  APRIL

S. 2608--A                         12                         A. 3008--A

FIRST,  TWO  THOUSAND THIRTEEN, AND ALL FISCAL YEARS THEREAFTER, FIFTEEN
MILLION DOLLARS PLUS ALL FUNDS  RECEIVED  FROM  THE  PAYMENTS  DUE  EACH
FISCAL  YEAR  PURSUANT  TO SUBDIVISION FOUR OF THIS SECTION IN EXCESS OF
THE  AMOUNT RECEIVED FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN, SHALL BE DEPOSITED TO THE CREDIT OF
THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION  NINE-
TY-TWO-S OF THE STATE FINANCE LAW.
  b.  Any  deposit  initiator  who fails to FILE REPORTS, MAKE QUARTERLY
PAYMENTS OR maintain accounts  or  records  pursuant  to  this  section,
unless it is shown that such failure was due to reasonable cause and not
due  to  negligence or willful neglect, in addition to any other penalty
imposed by this title, shall be subject to a penalty to be  assessed  by
the  commissioner  of taxation and finance of not more than one thousand
dollars for each quarter during which  such  failure  occurred,  and  an
additional  penalty of not more than one thousand dollars for each quar-
ter such failure continues.
  12. [Beginning on June first, two thousand nine each deposit initiator
shall register the container label of any beverage offered for  sale  in
the state on which it initiates a deposit. Any such registered container
label  shall  bear a universal product code. Such universal product code
shall be New York state specific, in  order  to  identify  the  beverage
container  as  offered  for sale exclusively in New York state, and as a
means of preventing illegal redemption of beverage containers  purchased
out-of-state. Registration must be on forms as prescribed by the depart-
ment and must include the universal product code for each combination of
beverage  and  container manufactured. The commissioner may require that
such forms be filed electronically. The deposit initiator shall renew  a
label  registration  whenever  that  label  is  revised  by altering the
universal product code or whenever the container on which it appears  is
changed  in size, composition or glass color.] A. EACH DEPOSIT INITIATOR
SHALL PROVIDE A REPORT TO THE DEPARTMENT DESCRIBING  ALL  THE  TYPES  OF
BEVERAGE  CONTAINERS  ON  WHICH  IT INITIATES DEPOSITS. THE REPORT SHALL
INCLUDE THE PRODUCT NAME, TYPE OF BEVERAGE, SIZE AND COMPOSITION OF  THE
BEVERAGE  CONTAINER,  UNIVERSAL  PRODUCT CODE, AND ANY OTHER INFORMATION
THE DEPARTMENT MAY REQUIRE. UPON REQUEST, A DEPOSIT INITIATOR SHALL ALSO
PROVIDE TO THE DEPARTMENT A COPY OF THE CONTAINER LABEL OR A PICTURE  OF
ANY  BEVERAGE  CONTAINER SOLD OR OFFERED FOR SALE IN THIS STATE ON WHICH
IT INITIATES A DEPOSIT. SUCH INFORMATION SHALL BE PROVIDED IN A FORM  AS
PRESCRIBED  BY  THE  DEPARTMENT.    THE DEPARTMENT MAY REQUIRE THAT SUCH
FORMS BE FILED ELECTRONICALLY.
  B. A BOTTLER MAY PLACE ON A BEVERAGE  CONTAINER  A  UNIVERSAL  PRODUCT
CODE  OR OTHER DISTINCTIVE MARKING THAT IS SPECIFIC TO THE STATE OR USED
ONLY IN THE STATE AND ANY OTHER STATES WITH LAWS  SUBSTANTIALLY  SIMILAR
TO THIS TITLE AS A MEANS OF PREVENTING REDEMPTION OF BEVERAGE CONTAINERS
ON WHICH A DEPOSIT WAS NOT PAID.
  C.  A  BOTTLER  OR DEPOSIT INITIATOR SHALL NOTIFY THE DEPARTMENT, IN A
FORM PRESCRIBED BY THE DEPARTMENT,  WHENEVER  A  BEVERAGE  CONTAINER  OR
BEVERAGE  CONTAINER  LABEL  IS REVISED BY ALTERING THE UNIVERSAL PRODUCT
CODE, OR WHENEVER THE  CONTAINER  ON  WHICH  A  UNIVERSAL  PRODUCT  CODE
APPEARS  IS CHANGED IN SIZE, COMPOSITION OR GLASS COLOR, OR WHENEVER THE
CONTAINER OR CONTAINER LABEL ON WHICH A UNIVERSAL PRODUCT  CODE  APPEARS
IS  CHANGED  TO  INCLUDE  A UNIVERSAL PRODUCT CODE THAT IS UNIQUE TO THE
STATE OR USED ONLY IN THE STATE AND ANY OTHER STATES WITH LAWS  SUBSTAN-
TIALLY SIMILAR TO THIS TITLE.

S. 2608--A                         13                         A. 3008--A

  S 7. Section 27-1013 of the environmental conservation law, as amended
by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1013. Redemption centers AND DEALERS.
  The  commissioner  is  hereby  empowered to promulgate rules and regu-
lations governing (1)  THE  REGISTRATION  OR  PERMITTING  OF  REDEMPTION
CENTERS INCLUDING BUT NOT LIMITED TO CONDITIONS FOR GRANTING A REGISTRA-
TION  OR  PERMIT, GROUNDS FOR REVOCATION OF A REGISTRATION OR PERMIT AND
THE PROCESS FOR THE REVOCATION OF A  REGISTRATION  OR  PERMIT;  (2)  the
circumstances  in  which  DEPOSIT  INITIATORS, dealers and distributors,
individually or collectively, are required to accept the return of empty
beverage containers, and make payment therefor; [(2)] (3) the sorting of
the containers which a deposit initiator or distributor may  require  of
dealers  and  redemption  centers;  [(3)] (4) the collection of returned
beverage containers by deposit initiators or distributors, including the
party to whom such expense is to be charged, the frequency of such  pick
ups THAT SHALL ALSO ALLOW A SCHEDULE MEETING THE MINIMUM REQUIREMENTS OF
SUCH  REGULATIONS  AND  AGREED TO IN WRITING BY THE DEPOSIT INITIATOR OR
DISTRIBUTOR AND THE REDEMPTION CENTER AND  THAT  SHALL  ALSO  TAKE  INTO
ACCOUNT  A MINIMUM VOLUME OF CONTAINERS NECESSARY FOR SUCH A PICK UP and
the payment for refunds and handling fees thereon; [(4)] (5)  the  right
of  dealers  to restrict or limit the number of containers redeemed, the
rules for redemption at the dealers' place of business, and the  redemp-
tion  of containers from a beverage for which sales have been discontin-
ued, and to issue REGISTRATIONS OR permits to persons, firms  or  corpo-
rations  which  establish  redemption  centers,  subject  to  applicable
provisions of local and state laws, at which redeemers and  dealers  may
return empty beverage containers and receive payment of the refund value
of  such beverage containers; (6) THE ASSIGNMENT OF A SPECIFIC REGISTRA-
TION OR PERMIT IDENTIFICATION NUMBER TO  EACH  REDEMPTION  CENTER;  SUCH
REGISTRATION  OR  PERMIT  NUMBER,  ALONG  WITH  THE NUMBER OF CONTAINERS
CONTAINED THEREIN, SHALL BE AFFIXED TO ANY BOX OR  BAG  PROFFERED  BY  A
REDEMPTION  CENTER  TO A DEPOSIT INITIATOR OR DISTRIBUTOR FOR REDEMPTION
IN A MANNER MANDATED BY THE  COMMISSIONER;  AND  (7)  THE  OPERATION  OF
MOBILE  REDEMPTION  CENTERS  IN  ORDER TO ENSURE THAT TO THE BEST EXTENT
PRACTICABLE CONTAINERS ARE NOT PROFFERED FOR  REDEMPTION  TO  A  DEPOSIT
INITIATOR  OR  DISTRIBUTOR  OUTSIDE  OF  THE  GEOGRAPHIC AREA WHERE SUCH
DEPOSIT INITIATOR SELLS CONTAINERS AND INITIATES DEPOSITS. No dealer  or
distributor,  as  defined  in  section  27-1003  of this title, shall be
required to obtain a permit to operate a redemption center at  the  same
location  as  the dealer's or distributor's place of business. Operators
of such redemption centers shall receive payment of the refund value  of
each  beverage  container  from  the  appropriate  deposit  initiator or
distributor as provided under section 27-1007 of this title.
  S 8. Section 27-1014 of the environmental conservation law, as amended
by section 10 of part SS of chapter 59 of the laws of 2009,  is  amended
to read as follows:
S 27-1014. Authority to promulgate rules and regulations.
  In  addition  to  the  authority  of  the commissioner, under sections
27-1007, 27-1009 and 27-1013 of this title, the commissioner shall  have
the  power to promulgate rules and regulations necessary and appropriate
for the administration of this title AND TO PREVENT FRAUD.
  S 9. Section 27-1015 of the environmental conservation law, as amended
by section 11 of part SS of chapter 59 of the laws of 2009,  is  amended
to read as follows:
S 27-1015. Violations.

S. 2608--A                         14                         A. 3008--A

  1.  [A  violation  of this title, except as otherwise provided in this
section and section 27-1012 of this title, shall be a  public  nuisance.
In  addition,  except] CIVIL AND ADMINISTRATIVE SANCTIONS. A.  EXCEPT as
otherwise provided in this section and section 27-1012  of  this  title,
any   person  who  [shall  violate]  VIOLATES  any  [provision]  OF  THE
PROVISIONS of, OR FAILS TO PERFORM A DUTY IMPOSED BY, THIS TITLE OR  ANY
RULE  OR  REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDI-
TION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL
DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO  this  title
shall  be  liable  [to the state of New York] for a civil penalty of not
more than five hundred dollars FOR EACH  VIOLATION,  and  an  additional
civil  penalty of not more than five hundred dollars for each day during
which each such violation continues. Any civil penalty may  be  assessed
BY  THE  COMMISSIONER  following  a  hearing  or opportunity to be heard
PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER OR BY  THE
COURT  IN  ANY  ACTION OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS
CHAPTER. IN ADDITION, SUCH PERSON MAY BY  SIMILAR  PROCESS  BE  ENJOINED
FROM  CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRATION ISSUED TO
SUCH PERSON MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION
DENIED.
  [2. Any] B. IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT  OF
TAXATION  AND  FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY
distributor or deposit initiator who  violates  any  provision  of  this
title,  [except  as provided in section 27-1012 of this title,] OR FAILS
TO PERFORM A DUTY IMPOSED BY THIS  TITLE,  OR  ANY  RULE  OR  REGULATION
PROMULGATED  PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY REGISTRA-
TION OR PERMIT ISSUED PURSUANT THERETO, OR ANY  FINAL  DETERMINATION  OR
ORDER  OF  THE  COMMISSIONER MADE PURSUANT TO THIS TITLE shall be liable
[to the state of New York] for a civil penalty  of  not  more  than  one
thousand  dollars FOR EACH VIOLATION, and an additional civil penalty of
not more than one thousand dollars for each day during which  each  such
violation  continues.  Any  civil penalty may be assessed BY THE COMMIS-
SIONER following a hearing or opportunity to be heard  PURSUANT  TO  THE
PROVISIONS  OF  SECTION  71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY
ACTION OR PROCEEDING PURSUANT TO SECTION 71-2727  OF  THIS  CHAPTER.  IN
ADDITION,  SUCH  DEPOSIT INITIATOR OR DISTRIBUTOR MAY BY SIMILAR PROCESS
BE ENJOINED FROM CONTINUING SUCH VIOLATION AND ANY PERMIT  OR  REGISTRA-
TION  ISSUED  TO  SUCH  PERSON  MAY BE REVOKED OR SUSPENDED OR A PENDING
RENEWAL APPLICATION DENIED.
  2. CRIMINAL SANCTIONS. A.  ANY PERSON WHO, HAVING ANY OF THE  CULPABLE
MENTAL  STATES  DEFINED  IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY
PROVISION OF OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY THIS TITLE,  OR
ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETER-
MINATION  OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL
BE GUILTY OF A VIOLATION AND, UPON CONVICTION, SHALL BE  PUNISHED  BY  A
FINE  OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION; EACH DAY
ON WHICH SUCH VIOLATION OCCURS SHALL CONSTITUTE  A  SEPARATE  VIOLATION;
AND   FOR  EACH  SUCH  VIOLATION  THE  PERSON  SHALL  BE  SUBJECT,  UPON
CONVICTION, TO IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR TO A  FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR TO BOTH IMPRISONMENT AND FINE.
  B.  IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF TAXATION
AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY  DISTRIBU-
TOR  OR  DEPOSIT INITIATOR WHO, HAVING ANY OF THE CULPABLE MENTAL STATES
DEFINED IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY PROVISION OF  OR
WHO  FAILS  TO  PERFORM  ANY  DUTY IMPOSED BY THIS TITLE, OR ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL  DETERMINATION  OR

S. 2608--A                         15                         A. 3008--A

ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF
A  VIOLATION  AND,  UPON  CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION;  EACH  DAY  ON  WHICH
SUCH  VIOLATION  OCCURS  SHALL  CONSTITUTE A SEPARATE VIOLATION; AND FOR
EACH SUCH VIOLATION THE PERSON SHALL BE  SUBJECT,  UPON  CONVICTION,  TO
IMPRISONMENT  FOR  NOT  MORE  THAN FIFTEEN DAYS OR TO A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINE.
  [3.] C. It shall be unlawful for [a distributor or deposit  initiator]
ANY PERSON, acting alone or aided by another, to return any empty bever-
age  container  to a dealer or redemption center for its refund value if
[the] A distributor or deposit initiator had  previously  accepted  such
beverage  container  from any dealer or operator of a redemption center,
OR IF SUCH CONTAINER  WAS  PREVIOUSLY  ACCEPTED  BY  A  REVERSE  VENDING
MACHINE.  A  violation of this [subdivision] PARAGRAPH shall be a misde-
meanor punishable by a fine of not less than five  hundred  dollars  nor
more  than  one  thousand  dollars  and an amount equal to two times the
amount of money received as a result of such violation, OR  IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINES.
  D. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY PERSON
WHO VIOLATES SUBDIVISION ELEVEN OF SECTION 27-1007 OF THIS TITLE, OR ANY
RULE  OR  REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMI-
NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE
GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL  BE  PUNISHED  BY  A
FINE  OF  NOT MORE THAN ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
  E. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY  DEAL-
ER,  DISTRIBUTOR  OR  DEPOSIT  INITIATOR, WHO KNOWINGLY OR INTENTIONALLY
VIOLATES ANY PROVISION OF OR  FAILS  TO  PERFORM  ANY  DUTY  IMPOSED  BY
SECTION  27-1005  OR  27-1012  OF  THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE
COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF A  MISDEMEA-
NOR  AND,  UPON CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY  IMPRISONMENT  FOR  NOT
MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  [4.]  3.  Any person who [willfully] tenders to a dealer, distributor,
redemption center or  deposit  initiator  more  than  forty-eight  empty
beverage  containers  for  which  such person knows or should reasonably
know that no deposit was paid in New York state may be assessed [by  the
department]  a  civil  penalty  of  up  to  one hundred dollars for each
container or up to twenty-five thousand dollars for each such tender  of
containers.  At  each  location  where  a  person tenders containers for
redemption, dealers and redemption centers must conspicuously display  a
sign  in letters that are at least one inch in height with the following
information: "WARNING:  Persons tendering for redemption  containers  on
which  a  deposit was never paid in this state may be subject to a civil
penalty of up to one hundred dollars per container or up to  twenty-five
thousand  dollars for each such tender of containers." Any civil penalty
may be assessed BY THE COMMISSIONER following a hearing  or  opportunity
to  be heard PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAP-
TER, OR BY THE COURT IN ANY ACTION OR  PROCEEDING  PURSUANT  TO  SECTION
71-2727 OF THIS CHAPTER. IN ADDITION, SUCH PERSON MAY BY SIMILAR PROCESS
BE  ENJOINED  FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRA-
TION ISSUED TO SUCH PERSON MAY BE REVOKED  OR  SUSPENDED  OR  A  PENDING
RENEWAL APPLICATION DENIED.

S. 2608--A                         16                         A. 3008--A

  [5.]  4. A. The department, the department of agriculture and markets,
the department of taxation and finance  and  the  attorney  general  are
hereby authorized to enforce the provisions of this title AND ALL MONIES
COLLECTED  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
PROTECTION  FUND  ESTABLISHED  PURSUANT  TO  SECTION NINETY-TWO-S OF THE
STATE FINANCE LAW. In addition, the provisions  of  section  27-1005  of
this  title and subdivisions one, two, three, four, five, ten and eleven
of section 27-1007 of this title may be enforced by a county, city, town
or village, and the local legislative body thereof may adopt local laws,
ordinances or regulations consistent with this title providing  for  the
enforcement of such provisions AND ALL MONIES COLLECTED BY THE ENFORCING
COUNTY,  CITY,  TOWN  OR  VILLAGE AS FINES OR PENALTIES PURSUANT TO THIS
SECTION SHALL BE PAYABLE TO AND BE THE PROPERTY  OF  THE  COUNTY,  CITY,
TOWN OR VILLAGE.
  B.  IN  ADDITION,  A  VIOLATION  OF  THIS  TITLE,  EXCEPT AS OTHERWISE
PROVIDED IN THIS SECTION, SHALL BE A PUBLIC NUISANCE, AND WITHOUT LIMIT-
ING THE RIGHTS OF THE DEPARTMENT, OR ANY  PERSON,  FIRM  OR  CORPORATION
UNDER THIS SUBDIVISION OR ANY OTHER PROVISION OF THIS SECTION, A DEALER,
OWNER OR OPERATOR OF A REDEMPTION CENTER, DISTRIBUTOR, OR DEPOSIT INITI-
ATOR  SHALL  HAVE  A  CIVIL RIGHT OF ACTION TO ENFORCE THE PROVISIONS OF
SECTION 27-1009 OF THIS TITLE AND  SUBDIVISIONS  FOUR,  FIVE,  SIX,  AND
EIGHT OF SECTION 27-1007 OF THIS TITLE.
  S  10.  Section  27-1017  of  the  environmental  conservation  law is
REPEALED.
  S 11. Subdivision 3 of section 92-s  of  the  state  finance  law,  as
amended  by  section  2  of part T of chapter 59 of the laws of 2009, is
amended to read as follows:
  3. Such fund shall consist of the amount of revenue  collected  within
the  state  from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
amount  of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands  law
and  the  money  received  as annual service charges pursuant to section
four hundred four-l of the vehicle and traffic law, all moneys  required
to  be  deposited  therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of  the  laws  of
nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
pursuant to section thirteen of chapter six hundred ten of the  laws  of
nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to  be
deposited from the Northville settlement pursuant to section one hundred
twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
hundred ninety-six, provided however, that such  moneys  shall  only  be
used  for  the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent  order  with  the
Northville  industries  signed  on  October thirteenth, nineteen hundred
ninety-four and the related resource restoration and  replacement  plan,
the  amount  of  penalties  required  to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental  conser-
vation  law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law, [as added by a chapter of
the laws of two thousand nine,] all moneys collected pursuant  to  title
thirty-three  of  article fifteen of the environmental conservation law,
[as added by a chapter of the laws of two thousand nine] BEGINNING  WITH
THE  FISCAL  YEAR  COMMENCING ON APRIL FIRST, TWO THOUSAND THIRTEEN, AND

S. 2608--A                         17                         A. 3008--A

ALL FISCAL YEARS THEREAFTER, FIFTEEN  MILLION  DOLLARS  PLUS  ALL  FUNDS
RECEIVED  BY THE STATE EACH FISCAL YEAR IN EXCESS OF THE AMOUNT RECEIVED
FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH  MARCH  THIRTY-FIRST,  TWO
THOUSAND  THIRTEEN,  FROM THE PAYMENTS COLLECTED PURSUANT TO SUBDIVISION
FOUR OF SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW,  and  all
other  moneys  credited  or  transferred  thereto from any other fund or
source pursuant to law. All such revenue shall  be  initially  deposited
into  the  environmental protection fund, for application as provided in
subdivision five of this section.
  S 12. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART G

  Section  1.  Subdivisions  1  and 2 of section 27-1905 of the environ-
mental conservation law, as amended by section 1 of part DD  of  chapter
59 of the laws of 2010, are amended to read as follows:
  1. [Until December thirty-first, two thousand thirteen, accept] ACCEPT
from  a  customer,  waste  tires of approximately the same size and in a
quantity equal to the number of new tires purchased or installed by  the
customer; and
  2.  [Until  December  thirty-first,  two thousand thirteen, post] POST
written notice in a prominent location, which must be at least eight and
one-half inches by fourteen inches in size  and  contain  the  following
language:
  "New  York State law requires us to accept and manage waste tires from
vehicles in exchange for an equal number of new tires that  we  sell  or
install.  Tire  retailers are required to charge a separate and distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
  The retailers in addition are authorized, at their sole discretion, to
pass on waste tire management and recycling costs  to  tire  purchasers.
Such  costs  may  be included as part of the advertised price of the new
tire, or charged as a separate per-tire  charge  in  an  amount  not  to
exceed $2.50 on each new tire sold."
  The  written notice shall also contain one of the following statements
at the end of the aforementioned language and as  part  of  the  notice,
which  shall  accurately  indicate  the manner in which the tire service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:
  "Our waste tire management and recycling costs  are  included  in  the
advertised price of each new tire.", or
  "We  charge  a separate per-tire charge of $____ on each new tire sold
that will be listed on your invoice to cover our waste  tire  management
and recycling costs."
  S  2.  Subdivisions  1,  2 and 3 and paragraph (a) of subdivision 6 of
section 27-1913 of the environmental conservation law,  subdivisions  1,
2,  the opening paragraph of subdivision 3 and paragraph (a) of subdivi-
sion 6 as amended by section 4 of part DD of chapter 59 of the  laws  of
2010  and subdivision 3 as amended by section 2 of part E1 of chapter 63
of the laws of 2003, are amended to read as follows:
  1. [Until December thirty-first, two thousand  thirteen,  a]  A  waste
tire  management  and recycling fee of two dollars and fifty cents shall
be charged on each new tire sold. The fee shall be paid by the purchaser
to the tire service at the time the new tire or  new  motor  vehicle  is
purchased.
  The waste tire management and recycling fee does not apply to:

S. 2608--A                         18                         A. 3008--A

  (a) recapped or resold tires;
  (b) mail-order sales; or
  (c)  the  sale  of  new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this  state  is
subject to such fee.
  2. [Until December thirty-first, two thousand thirteen, the]  THE tire
service  shall  collect the waste tire management and recycling fee from
the purchaser at the time of the sale and shall [remit] PAY such fee  to
the  department  of  taxation  and  finance  with the quarterly [report]
RETURN filed pursuant to subdivision three of this section. THE  COMMIS-
SIONER OF TAXATION AND FINANCE MAY REQUIRE THAT THE TIRE SERVICE PAY THE
FEE ELECTRONICALLY.
  (a)  The  fee  imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
  (b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
  3. [Until March thirty-first, two thousand fourteen, each]  EACH  tire
service  maintaining  a  place  of  business  in this state shall make a
return to the department of taxation and finance on a quarterly  basis[,
with  the  return  for  December,  January, and February being due on or
before the immediately following  March  thirty-first;  the  return  for
March,  April,  and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being  due  on  or
before the immediately following September thirtieth; and the return for
September,  October, and November being due on or before the immediately
following December thirty-first] IN THE FORM AND  MANNER  PRESCRIBED  BY
THE  COMMISSIONER  OF TAXATION AND FINANCE. THE COMMISSIONER OF TAXATION
AND FINANCE MAY REQUIRE SUCH RETURNS TO  BE  FILED  ELECTRONICALLY.  THE
QUARTERLY  RETURNS  REQUIRED  BY THIS SUBDIVISION SHALL BE FILED FOR THE
QUARTERLY PERIODS ENDING ON THE LAST DAY OF FEBRUARY,  MAY,  AUGUST  AND
NOVEMBER OF EACH YEAR, AND EACH SUCH RETURN SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE END OF THE QUARTERLY PERIOD COVERED THEREBY.
  (a) Each return shall include:
  (i) the name of the tire service;
  (ii) the address of the tire service's principal place of business and
the  address  of the principal place of business (if that is a different
address) from which the tire service engages in the business  of  making
retail sales of tires;
  (iii) the name and signature of the person preparing the return;
  (iv)  the  total  number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
  (v) the amount of waste tire management and recycling fees due; and
  (vi) such other reasonable information as the department  of  taxation
and finance may require.
  (b)  Copies  of  each  [report]  RETURN  shall be retained by the tire
service for three years.
  If a tire service ceases business, it shall file a  final  return  and
[remit]  PAY  all  fees due under this title [with] TO the department of
taxation and finance not more than one month  after  discontinuing  that
business.
  (a)  [Until  December  thirty-first,  two  thousand thirteen, any] ANY
additional waste tire management and recycling costs of the tire service
in excess of the amount authorized to be retained pursuant to  paragraph
(b)  of subdivision two of this section may be included in the published
selling price of the new tire, or charged as a separate per-tire  charge

S. 2608--A                         19                         A. 3008--A

on  each  new  tire sold. When such costs are charged as a separate per-
tire charge: (i) such charge shall be stated as an invoice item separate
and distinct from the selling price of the tire; (ii) the invoice  shall
state  that  the  charge  is  imposed at the sole discretion of the tire
service; and (iii) the amount of such charge shall  reflect  the  actual
cost to the tire service for the management and recycling of waste tires
accepted  by the tire service pursuant to section 27-1905 of this title,
provided however, that in no event shall such charge exceed two  dollars
and fifty cents on each new tire sold.
  S  3.  This  act shall take effect immediately, and shall apply to the
quarterly periods provided for in the opening paragraph  of  subdivision
three  of  section  27-1913  of  the  environmental conservation law, as
amended by section two of this act, beginning on or after the date  this
act shall have become a law.

                                 PART H

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to  make  loans,  as
amended  by  section  1  of part R of chapter 58 of the laws of 2012, is
amended to read as follows:
  S 2. This act shall take effect immediately [provided,  however,  that
section  one of this act shall expire on July 1, 2013, at which time the
provisions of subdivision 26 of section 5 of the New  York  state  urban
development corporation act shall be deemed repealed; provided, however,
that  neither  the  expiration  nor  the  repeal  of such subdivision as
provided for herein shall be deemed to affect or impair  in  any  manner
any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal].
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART I

  Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
amending the public authorities law relating to authorizing the dormito-
ry authority to enter into certain design  and  construction  management
agreements is amended to read as follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed April 1, [2013] 2015.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in effect on and after April 1, 2013.

                                 PART J

  Intentionally omitted.

                                 PART K

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

S. 2608--A                         20                         A. 3008--A

                                 PART L

  Section  1.  Expenditures  of  moneys appropriated in a chapter of the
laws of 2013 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue funds - other/state operations, miscellaneous special revenue fund  -
339,  energy  research and planning account, and special revenue funds -
other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy research and planning account shall be subject to the  provisions  of
this  section.  Notwithstanding  the  provisions  of  subdivision 4-a of
section 18-a of the public service law, all moneys committed or expended
shall be reimbursed by assessment against gas corporations and  electric
corporations  as defined in section 2 of the public service law, and the
total amount which may be charged to any gas corporation and  any  elec-
tric  corporation  shall not exceed one cent per one thousand cubic feet
of gas sold and .010 cent per kilowatt-hour of electricity sold by  such
corporations  in  their  intrastate  utility operations in calendar year
2011. Such  amounts  shall  be  excluded  from  the  general  assessment
provisions  of  subdivision 2 of section 18-a of the public service law,
but shall be billed and paid in the manner set forth in such subdivision
and upon receipt shall be paid to the state comptroller for  deposit  in
the state treasury for credit to the miscellaneous special revenue fund.
The  director  of  the  budget shall not issue a certificate of approval
with respect to the commitment and expenditure of moneys  hereby  appro-
priated  until the chair of such authority shall have submitted, and the
director of the budget shall have approved,  a  comprehensive  financial
plan  encompassing  all  moneys available to and all anticipated commit-
ments and expenditures by such authority from any source for  the  oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART M

  Section 1. Notwithstanding any other law, rule or  regulation  to  the
contrary,  expenses of the department of health public service education
program incurred pursuant to appropriations from  the  cable  television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART N

  Section 1. Paragraph (a) of subdivision  6  of  section  18-a  of  the
public  service  law,  as added by section 4 of part NN of chapter 59 of
the laws of 2009, is amended to read as follows:
  (a) Notwithstanding any provision of law to the contrary, and  subject
to the exceptions provided for in paragraph (b) of this subdivision, for
the  state  fiscal  year beginning on April first, two thousand nine and
[four] NINE state fiscal years thereafter, a temporary annual assessment
(hereinafter "temporary state energy and  utility  service  conservation
assessment")  is  hereby  imposed on public utility companies (including
for the purposes of this subdivision municipalities other  than  munici-

S. 2608--A                         21                         A. 3008--A

palities  as  defined  in section eighty-nine-l of this chapter), corpo-
rations (including for purposes of  this  subdivision  the  Long  Island
power  authority),  and  persons  subject to the commission's regulation
(hereinafter  such  public  utility companies, corporations, and persons
are referred to collectively as the "utility entities") to encourage the
conservation of energy and  other  resources  provided  through  utility
entities,  to  be  assessed  in the manner provided in this subdivision;
provided, however, that such assessment shall not be imposed upon  tele-
phone corporations as defined in subdivision seventeen of section two of
this article.
  S  2. Section 6 of part NN of chapter 59 of the laws of 2009, amending
the public service law relating  to  financing  the  operations  of  the
department  of public service, the public service commission, department
support and energy management services provided by other state agencies,
increasing the utility assessment cap  and  the  minimum  threshold  for
collection  thereunder,  and  establishing  a temporary state energy and
utility service conservation assessment and providing for the collection
thereof, is amended to read as follows:
  S 6. This act shall take effect immediately; provided,  however,  that
subdivision  6  of  section  18-a of the public service law, as added by
section four of this act shall take  effect  April  1,  2009  and  shall
expire  and  be  deemed  repealed  March  31, [2014] 2019; and provided,
further, that if section four of this act shall become law  after  April
1,  2009,  it  shall take effect immediately and shall be deemed to have
been in full force and effect on and after April 1, 2009.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013; provided,
however,  that  the  amendments  to subdivision 6 of section 18-a of the
public service law made by section one of this act shall not affect  the
repeal of such subdivision and shall be deemed to be repealed therewith.

                                 PART O

  Section  1.  Sections 24 and 25 of the public service law are REPEALED
and a new section 24 is added to read as follows:
  S 24. ADMINISTRATIVE SANCTIONS; RECOVERY OF PENALTIES. 1. EVERY PUBLIC
UTILITY COMPANY, CORPORATION OR PERSON  AND  THE  OFFICERS,  AGENTS  AND
EMPLOYEES  THEREOF  SHALL  ADHERE TO EVERY PROVISION OF THIS CHAPTER AND
EVERY ORDER OR REGULATION ADOPTED UNDER AUTHORITY  OF  THIS  CHAPTER  SO
LONG AS THE SAME SHALL BE IN FORCE.
  2.  (A)  THE  COMMISSION  SHALL  HAVE  THE AUTHORITY TO ASSESS A CIVIL
PENALTY AGAINST A PUBLIC UTILITY COMPANY, CORPORATION, OR PERSON AND THE
OFFICERS, AGENTS AND EMPLOYEES  THEREOF  SUBJECT  TO  THE  JURISDICTION,
SUPERVISION,  OR REGULATION PURSUANT TO THIS CHAPTER IN AN AMOUNT AS SET
FORTH IN THIS SECTION. IN DETERMINING THE AMOUNT OF ANY  PENALTY  TO  BE
ASSESSED  PURSUANT  TO  THIS SECTION, THE COMMISSION SHALL CONSIDER: (I)
THE SERIOUSNESS OF THE VIOLATION FOR WHICH A PENALTY IS SOUGHT; (II) THE
NATURE AND EXTENT OF ANY PREVIOUS VIOLATIONS FOR  WHICH  PENALTIES  HAVE
BEEN ASSESSED AGAINST THE PUBLIC UTILITY COMPANY, CORPORATION OR PERSON;
(III)  THE  GROSS  REVENUES  AND  FINANCIAL STATUS OF THE PUBLIC UTILITY
COMPANY, CORPORATION OR PERSON; AND  (IV)  SUCH  OTHER  FACTORS  AS  THE
COMMISSION  MAY  DEEM APPROPRIATE AND RELEVANT. THE REMEDIES PROVIDED BY
THIS SUBDIVISION ARE IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN LAW.
  (B) WHENEVER THE COMMISSION HAS REASON TO BELIEVE THAT A PUBLIC UTILI-
TY COMPANY, CORPORATION OR PERSON AND SUCH OFFICERS, AGENTS AND  EMPLOY-
EES THEREOF MAY BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY AS SET FORTH

S. 2608--A                         22                         A. 3008--A

IN THIS SUBDIVISION, IT SHALL NOTIFY SUCH PUBLIC UTILITY COMPANY, CORPO-
RATION OR PERSON. SUCH NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO
(I) THE DATE AND A BRIEF DESCRIPTION OF THE FACTS AND NATURE OF EACH ACT
OR  FAILURE  TO  ACT  FOR WHICH SUCH PENALTY IS PROPOSED; (II) A LIST OF
EACH STATUTE, REGULATION OR ORDER THAT THE COMMISSION ALLEGES  HAS  BEEN
VIOLATED;  (III) THE AMOUNT OF EACH PENALTY THAT THE COMMISSION PROPOSES
TO ASSESS; AND (IV) THE OPTION TO REQUEST A HEARING TO  DEMONSTRATE  WHY
THE  PROPOSED  PENALTY  OR PENALTIES SHOULD NOT BE ASSESSED AGAINST SUCH
PUBLIC UTILITY COMPANY, CORPORATION, OR SUCH PERSON.
  3. ANY PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A PROVISION
OF THIS CHAPTER, REGULATION OR AN ORDER ADOPTED UNDER AUTHORITY OF  THIS
CHAPTER  SO  LONG AS THE SAME SHALL BE IN FORCE, OR WHO FAILS TO PROVIDE
SAFE AND ADEQUATE SERVICE SHALL FORFEIT A SUM NOT EXCEEDING THE  GREATER
OF  ONE HUNDRED THOUSAND DOLLARS OR TWO ONE-HUNDREDTHS OF ONE PERCENT OF
THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY, CONSTITUT-
ING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN  THE  CASE  OF  A
CONTINUING  VIOLATION,  EACH DAY SHALL BE DEEMED A SEPARATE AND DISTINCT
OFFENSE.
  4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION,  ANY SUCH PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A
PROVISION OF THIS CHAPTER, OR AN ORDER OR REGULATION ADOPTED  UNDER  THE
AUTHORITY OF THIS CHAPTER SPECIFICALLY FOR THE PROTECTION OF HUMAN SAFE-
TY  OR PREVENTION OF SIGNIFICANT DAMAGE TO REAL PROPERTY, INCLUDING, BUT
NOT LIMITED TO, THE COMMISSION'S CODE OF GAS SAFETY  REGULATIONS  SHALL,
IF  IT IS DETERMINED BY THE COMMISSION THAT SUCH SAFETY VIOLATION CAUSED
OR CONSTITUTED A CONTRIBUTING FACTOR IN BRINGING ABOUT:  (A) A DEATH  OR
PERSONAL INJURY; OR (B) DAMAGE TO REAL PROPERTY IN EXCESS OF FIFTY THOU-
SAND DOLLARS, FORFEIT A SUM NOT TO EXCEED THE GREATER OF:
  (I)  TWO HUNDRED FIFTY THOUSAND DOLLARS OR THREE ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY,
WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH SEPARATE AND
DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR  PURPOSES  OF  THIS  PARA-
GRAPH, EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED A SEPARATE
AND  DISTINCT  OFFENSE.  THE  TOTAL PERIOD OF A CONTINUING VIOLATION, AS
WELL AS EVERY DISTINCT VIOLATION, SHALL BE SIMILARLY TREATED AS A  SEPA-
RATE AND DISTINCT OFFENSE FOR PURPOSES OF THIS PARAGRAPH; OR
  (II)  THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION.
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OR FOUR OF THIS
SECTION, A  PUBLIC  UTILITY  COMPANY  OR  CORPORATION  THAT  VIOLATES  A
PROVISION  OF  THIS  CHAPTER,  OR  AN  ORDER OR REGULATION ADOPTED UNDER
AUTHORITY OF THIS CHAPTER, DESIGNED TO PROTECT THE  OVERALL  RELIABILITY
AND  CONTINUITY  OF  ELECTRIC  SERVICE, INCLUDING BUT NOT LIMITED TO THE
RESTORATION OF ELECTRIC SERVICE FOLLOWING A MAJOR OUTAGE EVENT OR  EMER-
GENCY, SHALL FORFEIT A SUM NOT TO EXCEED THE GREATER OF:
  (A)  FIVE  HUNDRED  THOUSAND  DOLLARS  OR  FOUR  ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY,
WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH SEPARATE AND
DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS PARAGRAPH
EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED  A  SEPARATE  AND
DISTINCT OFFENSE. THE TOTAL PERIOD OF A CONTINUING VIOLATION, AS WELL AS
EVERY  DISTINCT  VIOLATION  SHALL BE SIMILARLY TREATED AS A SEPARATE AND
DISTINCT OFFENSE FOR PURPOSES OF THIS PARAGRAPH; OR
  (B) THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE  WITH  SUBDIVISION
THREE OF THIS SECTION.

S. 2608--A                         23                         A. 3008--A

  6.  ANY  OFFICER,  AGENT, OR EMPLOYEE OF ANY CORPORATION DETERMINED BY
THE COMMISSION TO HAVE VIOLATED THE  PROVISIONS  OF  SUBDIVISION  THREE,
FOUR, OR FIVE OF THIS SECTION, AND WHO KNOWINGLY VIOLATES A PROVISION OF
THIS  CHAPTER,  REGULATION  OR  AN ORDER ADOPTED UNDER AUTHORITY OF THIS
CHAPTER  SO  LONG  AS THE SAME SHALL BE IN FORCE, INCLUDING A FAILURE TO
PROVIDE SAFE AND ADEQUATE SERVICE, SHALL FORFEIT A SUM NOT TO EXCEED ONE
HUNDRED THOUSAND DOLLARS CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY
OFFENSE AND, IN THE CASE OF A CONTINUING VIOLATION, EACH  DAY  SHALL  BE
DEEMED A SEPARATE AND DISTINCT OFFENSE.
  7.  ANY  SUCH  ASSESSMENT  MAY  BE  COMPROMISED OR DISCONTINUED BY THE
COMMISSION. ALL MONEYS RECOVERED PURSUANT TO THIS SECTION, TOGETHER WITH
THE COSTS THEREOF, SHALL BE REMITTED TO, OR  FOR  THE  BENEFIT  OF,  THE
RATEPAYERS IN A MANNER TO BE DETERMINED BY THE COMMISSION.
  8.  UPON A FAILURE BY A PUBLIC UTILITY COMPANY, CORPORATION, OR PERSON
TO REMIT ANY  PENALTY  ASSESSED  BY  THE  COMMISSION  PURSUANT  TO  THIS
SECTION, THE COMMISSION, THROUGH ITS COUNSEL, MAY INSTITUTE AN ACTION OR
SPECIAL PROCEEDING TO COLLECT THE PENALTY IN A COURT OF COMPETENT JURIS-
DICTION.
  9. ANY PAYMENT MADE BY A PUBLIC UTILITY COMPANY, CORPORATION OR PERSON
AND THE OFFICERS, AGENTS AND EMPLOYEES THEREOF AS A RESULT OF AN ASSESS-
MENT  AS PROVIDED IN THIS SECTION, AND THE COST OF LITIGATION AND INVES-
TIGATION RELATED TO ANY SUCH ASSESSMENT, SHALL NOT BE  RECOVERABLE  FROM
RATEPAYERS.
  10.  IN CONSTRUING AND ENFORCING THE PROVISIONS OF THIS CHAPTER RELAT-
ING TO PENALTIES, THE ACT OF ANY DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF
A PUBLIC UTILITY COMPANY, CORPORATION OR PERSON ACTING WITHIN THE  SCOPE
OF  HIS  OR  HER OFFICIAL DUTIES OR EMPLOYMENT SHALL BE DEEMED TO BE THE
ACT OF SUCH PUBLIC UTILITY COMPANY OR CORPORATION.
  S 2. Section 26 of the public service law is renumbered section 25.
  S 3. Section 65 of the public service law is amended by adding two new
subdivisions 14 and 15 to read as follows:
  14. IN CONJUNCTION WITH A MANAGEMENT AND OPERATIONS  AUDIT  UNDERTAKEN
PURSUANT TO SUBDIVISION NINETEEN OF SECTION SIXTY-SIX OF THIS ARTICLE OR
UPON ITS OWN MOTION, THE COMMISSION SHALL REVIEW THE CAPABILITY, INCLUD-
ING  BUT  NOT LIMITED TO, THE CAPABILITY TO IMPLEMENT EMERGENCY RESPONSE
PLANS AND RESTORATION, OF EACH GAS CORPORATION AND ELECTRIC  CORPORATION
TO PROVIDE SAFE, ADEQUATE, AND RELIABLE SERVICE.  UPON GOOD CAUSE SHOWN,
THE COMMISSION MAY DIRECT SUCH CORPORATION TO COMPLY WITH ADDITIONAL AND
MORE STRINGENT TERMS AND CONDITIONS OF SERVICE THAN EXISTED PRIOR TO THE
COMMENCEMENT  OF  THE  MANAGEMENT  AND  OPERATIONS  AUDIT, OR CAUSE SUCH
CORPORATION TO DIVEST SOME OR ALL OF  ITS  STATE-BASED  UTILITY  ASSETS,
INCLUDING  FRANCHISE  TERRITORIES,  BASED  UPON STANDARDS AND PROCEDURES
ESTABLISHED BY THE COMMISSION TO ENSURE CONTINUITY OF SAFE AND  ADEQUATE
SERVICE, DUE PROCESS, AND FAIR AND JUST COMPENSATION; PROVIDED, HOWEVER,
THAT  NOTHING  IN  THIS SUBDIVISION LIMITS THE COMMISSION'S AUTHORITY TO
UNDERTAKE THE ACTIONS SET FORTH PURSUANT  TO  SECTIONS  TWENTY-FOUR  AND
TWENTY-FIVE  OF THIS CHAPTER. IN THE CASE WHERE THE COMMISSION DIRECTS A
FULL OR PARTIAL DIVESTMENT OF A  CORPORATION'S  ASSETS,  THE  COMMISSION
SHALL FIRST PROCEED IN SUCH MANNER AS TO FACILITATE THE VOLUNTARY TRANS-
FER OF SUCH ASSETS.
  15.  THE  CHIEF EXECUTIVE OFFICER OF EACH GAS CORPORATION AND ELECTRIC
CORPORATION SHALL CERTIFY TO THE COMMISSION ON OR BEFORE MARCH FIFTEENTH
OF EACH YEAR THAT SUCH CORPORATION IS IN COMPLIANCE  WITH  THE  REQUIRE-
MENTS  OF THIS CHAPTER AND ANY RULES, REGULATIONS, ORDERS AND PROCEDURES
ADOPTED THERETO, INCLUDING THE OBLIGATION THAT SUCH CORPORATION  PROVIDE
SAFE AND ADEQUATE SERVICE.

S. 2608--A                         24                         A. 3008--A

  S  4.  Subdivisions 19 and 21 of section 66 of the public service law,
subdivision 19 as added by chapter 556 of the laws of 1976 and the clos-
ing paragraph as added by chapter 586 of the laws of 1986  and  subdivi-
sion  21  as added by chapter 718 of the laws of 1980, are amended and a
new subdivision 1-a is added to read as follows:
  1-A.  REVIEW  THE  ANNUAL  CAPITAL EXPENDITURE OF EACH GAS OR ELECTRIC
CORPORATION AND MAY ORDER SUCH IMPROVEMENT IN THE  MANUFACTURE,  CONVEY-
ING,  TRANSPORTATION, DISTRIBUTION OR SUPPLY OF GAS, IN THE MANUFACTURE,
TRANSMISSION OR SUPPLY OF ELECTRICITY, OR IN  THE  METHODS  EMPLOYED  BY
SUCH  CORPORATION  AS IN THE COMMISSION'S JUDGMENT IS ADEQUATE, JUST AND
REASONABLE.
  19. (A) The commission shall have power to provide for management  and
operations  audits  of  gas corporations and electric corporations. Such
audits shall be performed at least once every five years for combination
gas and electric companies, as well as  for  straight  gas  corporations
having  annual  gross revenues in excess of two hundred million dollars.
The audit shall include, but not be limited to, an investigation of  the
company's  construction program planning in relation to the needs of its
customers for reliable service [and], an evaluation of the efficiency of
the company's operations, RECOMMENDATIONS WITH RESPECT TO SAME, AND  THE
TIMING  WITH RESPECT TO THE IMPLEMENTATION OF SUCH RECOMMENDATIONS.  The
commission shall have discretion to have such audits  performed  by  its
staff, or by independent auditors.
  In  every  case  in  which  the  commission  chooses to have the audit
provided for in this subdivision OR PURSUANT TO SUBDIVISION FOURTEEN  OF
SECTION SIXTY-FIVE OF THIS ARTICLE performed by independent auditors, it
shall  have authority to select the auditors, and to require the company
being audited to enter into a contract with the auditors  providing  for
their  payment  by the company. Such contract shall provide further that
the auditors shall work for and under the direction  of  the  commission
according  to  such  terms as the commission may determine are necessary
and reasonable.
  [The commission shall have authority to direct the company  to  imple-
ment  any recommendations resulting from such audits that it finds to be
necessary and reasonable.]
  (B) EACH GAS AND ELECTRIC CORPORATION SUBJECT TO AN AUDIT  UNDER  THIS
SUBDIVISION  SHALL  FILE A REPORT WITH THE COMMISSION WITHIN THIRTY DAYS
AFTER ISSUANCE OF SUCH AUDIT DETAILING ITS PLAN TO IMPLEMENT THE  RECOM-
MENDATIONS  MADE IN THE AUDIT. AFTER REVIEW OF SUCH PLAN, THE COMMISSION
MAY REQUIRE THAT SUCH CORPORATION AMEND THE PLAN IN A PARTICULAR MANNER.
SUCH PLAN SHALL THEREAFTER  BECOME  ENFORCEABLE  UPON  APPROVAL  BY  THE
COMMISSION.  THE COMMISSION SHALL HAVE POWER TO COMMENCE A PROCEEDING TO
EXAMINE ANY SUCH CORPORATION'S COMPLIANCE WITH  THE  RECOMMENDATIONS  OF
SUCH AUDIT.
  (C)  Upon the application of a gas or electric corporation for a major
change in rates as defined in subdivision twelve of  this  section,  the
commission   shall   review   that  corporation's  compliance  with  the
directions and recommendations made previously by the commission,  as  a
result  of  the most recently completed management and operations audit.
The commission shall incorporate the findings  of  such  review  in  its
opinion  or order, AND SUCH FINDINGS SHALL BE ENFORCEABLE BY THE COMMIS-
SION.
  21. [The commission shall require every electric corporation to submit
storm plans to the commission for review and approval at such times  and
in  such  detail  and  form  as  the commission shall require, provided,
however, that the same shall be filed at least annually.] (A) EACH ELEC-

S. 2608--A                         25                         A. 3008--A

TRIC CORPORATION SHALL ANNUALLY, ON OR BEFORE DECEMBER FIFTEENTH, SUBMIT
TO THE COMMISSION AN EMERGENCY RESPONSE PLAN FOR  REVIEW  AND  APPROVAL.
THE  EMERGENCY RESPONSE PLAN SHALL BE DESIGNED FOR THE REASONABLY PROMPT
RESTORATION  OF  SERVICE  IN THE CASE OF AN EMERGENCY EVENT, DEFINED FOR
PURPOSES OF THIS SUBDIVISION AS AN EVENT WHERE WIDESPREAD  OUTAGES  HAVE
OCCURRED  IN THE SERVICE TERRITORY OF THE COMPANY DUE TO STORMS OR OTHER
CAUSES BEYOND THE CONTROL OF THE COMPANY. THE  EMERGENCY  RESPONSE  PLAN
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING: (I) THE IDEN-
TIFICATION OF MANAGEMENT STAFF RESPONSIBLE FOR COMPANY OPERATIONS DURING
AN  EMERGENCY;  (II)  A  COMMUNICATIONS  SYSTEM WITH CUSTOMERS DURING AN
EMERGENCY THAT EXTENDS BEYOND NORMAL BUSINESS HOURS AND BUSINESS  CONDI-
TIONS;  (III)  IDENTIFICATION OF AND OUTREACH PLANS TO CUSTOMERS WHO HAD
DOCUMENTED THEIR NEED FOR ESSENTIAL ELECTRICITY FOR MEDICAL NEEDS;  (IV)
IDENTIFICATION  OF  AND  OUTREACH  PLANS TO CUSTOMERS WHO HAD DOCUMENTED
THEIR NEED FOR ESSENTIAL ELECTRICITY TO  PROVIDE  CRITICAL  TELECOMMUNI-
CATIONS,   CRITICAL   TRANSPORTATION   AND  CRITICAL  FUEL  DISTRIBUTION
SERVICES; (V) DESIGNATION OF COMPANY STAFF  TO  COMMUNICATE  WITH  LOCAL
OFFICIALS AND APPROPRIATE REGULATORY AGENCIES; (VI) PROVISIONS REGARDING
HOW THE COMPANY WILL ASSURE THE SAFETY OF ITS EMPLOYEES AND CONTRACTORS;
(VII)  PROCEDURES  FOR  DEPLOYING  COMPANY  AND MUTUAL AID CREWS TO WORK
ASSIGNMENT AREAS;  (VIII)  IDENTIFICATION  OF  ADDITIONAL  SUPPLIES  AND
EQUIPMENT  NEEDED DURING AN EMERGENCY; (IX) THE MEANS OF OBTAINING ADDI-
TIONAL SUPPLIES AND EQUIPMENT; (X) PROCEDURES TO PRACTICE THE  EMERGENCY
RESPONSE PLAN; AND (XI) SUCH OTHER ADDITIONAL INFORMATION AS THE COMMIS-
SION  MAY  REQUIRE.  THE FILING WITH THE COMMISSION SHALL ALSO INCLUDE A
COPY OF ALL WRITTEN MUTUAL ASSISTANCE AGREEMENTS  AMONG  UTILITIES.  THE
COMMISSION  SHALL  ACCORD  PROTECTED TREATMENT OF CONFIDENTIAL, COMPETI-
TIVELY SENSITIVE OR OTHER PROPRIETARY INFORMATION CONTAINED IN ANY EMER-
GENCY RESPONSE PLAN.  EACH SUCH CORPORATION SHALL, ON AN  ANNUAL  BASIS,
UNDERTAKE  DRILLS  IMPLEMENTING  PROCEDURES  TO  PRACTICE  ITS EMERGENCY
MANAGEMENT PLAN.   THE  DEPARTMENT  MAY  ADOPT  ADDITIONAL  REQUIREMENTS
CONSISTENT WITH ENSURING THE REASONABLY PROMPT RESTORATION OF SERVICE IN
THE CASE OF AN EMERGENCY EVENT.
  (B)  AFTER  REVIEW  OF  A  CORPORATION'S  EMERGENCY RESPONSE PLAN, THE
COMMISSION MAY REQUIRE SUCH CORPORATION TO AMEND THE PLAN.  THE  COMMIS-
SION  MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO DETER-
MINE ITS SUFFICIENCY TO RESPOND ADEQUATELY TO AN EMERGENCY EVENT.    IF,
AFTER  HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE PLAN,
IT MAY ORDER THE COMPANY  TO  MAKE  SUCH  MODIFICATIONS  THAT  IT  DEEMS
REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
  (C)  THE  COMMISSION  IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW
THE PERFORMANCE OF ANY CORPORATION IN  RESTORING  SERVICE  OR  OTHERWISE
MEETING  THE REQUIREMENTS OF THE EMERGENCY RESPONSE PLAN DURING AN EMER-
GENCY EVENT. IF,  AFTER  EVIDENTIARY  HEARINGS  OR  OTHER  INVESTIGATORY
PROCEEDINGS, THE COMMISSION FINDS THAT THE CORPORATION FAILED TO REASON-
ABLY  IMPLEMENT ITS EMERGENCY RESPONSE PLAN OR THE LENGTH OF SUCH CORPO-
RATION'S OUTAGES WERE MATERIALLY LONGER THAN THEY WOULD  HAVE  BEEN  BUT
FOR  SUCH  FAILURE  TO REASONABLY IMPLEMENT ITS EMERGENCY RESPONSE PLAN,
THE COMMISSION MAY DENY THE RECOVERY OF ALL, OR ANY PART OF, THE SERVICE
RESTORATION COSTS, COMMENSURATE  WITH  THE  DEGREE  AND  IMPACT  OF  THE
SERVICE  OUTAGE;  PROVIDED,  HOWEVER,  THAT  NOTHING  HEREIN  LIMITS THE
COMMISSION'S AUTHORITY TO OTHERWISE COMMENCE A  PROCEEDING  PURSUANT  TO
SECTIONS TWENTY-FOUR AND TWENTY-FIVE OF THIS CHAPTER.
  (D) THE COMMISSION SHALL CERTIFY TO THE DEPARTMENT OF HOMELAND SECURI-
TY  AND  EMERGENCY  SERVICES  THAT  EACH  SUCH  CORPORATION'S  EMERGENCY

S. 2608--A                         26                         A. 3008--A

RESPONSE PLAN IS SUFFICIENT TO ENSURE TO THE  GREATEST  EXTENT  FEASIBLE
THE TIMELY AND SAFE RESTORATION OF ENERGY SERVICES AFTER AN EMERGENCY.
  S 5. Section 68 of the public service law, as amended by chapter 52 of
the laws of 1940, is amended to read as follows:
  S 68. [Approval  of incorporation and franchises; certificate] CERTIF-
ICATE OF PUBLIC CONVENIENCE AND NECESSITY.  1. CERTIFICATE REQUIRED.  No
gas  corporation  or  electric corporation shall begin construction of a
gas plant or electric plant without first having obtained the permission
and approval of the commission. No such corporation shall  exercise  any
right  or  privilege under any franchise hereafter granted, or under any
franchise heretofore granted but not heretofore actually  exercised,  or
the  exercise of which shall have been suspended for more than one year,
without first having obtained [the permission and approval of] A CERTIF-
ICATE OF PUBLIC CONVENIENCE AND  NECESSITY  ISSUED  BY  the  commission.
Before  such certificate shall be issued a certified copy of the charter
of such corporation shall be filed in  the  office  of  the  commission,
together with a verified statement of the president and secretary of the
corporation,  showing  that  it has received the required consent of the
proper municipal authorities. The commission shall have power  to  grant
the permission and approval herein specified whenever it shall after due
hearing  determine that such construction or such exercise of the right,
privilege or franchise is [necessary or] convenient  AND  NECESSARY  for
the public service. IN MAKING SUCH A DETERMINATION, THE COMMISSION SHALL
CONSIDER  THE ECONOMIC FEASIBILITY OF THE CORPORATION, THE CORPORATION'S
ABILITY TO FINANCE IMPROVEMENTS OF A GAS PLANT OR ELECTRIC PLANT, RENDER
SAFE, ADEQUATE AND RELIABLE SERVICE, AND  PROVIDE  JUST  AND  REASONABLE
RATES,  AND WHETHER ISSUANCE OF A CERTIFICATE IS IN THE PUBLIC INTEREST.
Except as provided in article [fourteen-a]  FOURTEEN-A  of  the  general
municipal  law,  no  municipality  shall build, maintain and operate for
other than municipal purposes any works or systems for  the  manufacture
and  supplying  of  gas  or  electricity for lighting purposes without a
certificate of authority granted by the commission. If  the  certificate
of  authority  is refused, no further proceedings shall be taken by such
municipality before the commission, but a new application  may  be  made
therefor after one year from the date of such refusal.
  2.  REVOCATION  OR  MODIFICATION  OF  CERTIFICATE.  THE COMMISSION MAY
COMMENCE A PROCEEDING TO REVOKE OR MODIFY SUCH CERTIFICATE AS IT RELATES
TO SUCH CORPORATION'S SERVICE TERRITORY OR ANY PORTION THEREOF BASED  ON
GOOD  CAUSE  SHOWN,  WITH  THE  INQUIRY INFORMED BY CONSIDERATION OF THE
FOLLOWING FACTORS:
  (A) THE FACTORS IDENTIFIED IN SUBDIVISION  ONE  OF  THIS  SECTION  FOR
ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY;
  (B)  WHETHER  ANOTHER PERSON, FIRM OR CORPORATION IS QUALIFIED, AVAIL-
ABLE, AND PREPARED TO PROVIDE ALTERNATIVE SERVICE THAT  IS  ADEQUATE  TO
SERVE  THE  PUBLIC CONVENIENCE AND NECESSITY, AND THAT THE TRANSITION TO
SUCH ALTERNATIVE PERSON, FIRM OR CORPORATION IS IN THE PUBLIC  INTEREST;
AND
  (C)  UPON  ANY  OTHER STANDARDS AND PROCEDURES DEEMED NECESSARY BY THE
COMMISSION TO ENSURE CONTINUITY OF SAFE AND ADEQUATE  SERVICE,  AND  DUE
PROCESS.
  S  6.  Paragraph  d  of  subdivision  1 of section 119-b of the public
service law, as amended by chapter 445 of the laws of 1995,  is  amended
to read as follows:
  d.  "Underground facilities" means pipelines, conduits, ducts, cables,
wires, GAS PRODUCTION AND GATHERING PIPELINE SYSTEMS DESIGNED TO OPERATE
AT THREE HUNDRED POUNDS PER  SQUARE  INCH  GAUGE  OR  HIGHER,  manholes,

S. 2608--A                         27                         A. 3008--A

vaults  or other such facilities or their attachments[, which have been]
installed underground by an operator to provide services  or  materials.
Such term shall not include oil [and gas] production and gathering pipe-
line  systems  used  primarily  to  collect oil [or gas] production from
wells.
  S 7. Subdivision 4 of section 760 of  the  general  business  law,  as
amended  by  chapter  685  of  the  laws  of 1994, is amended to read as
follows:
  4. "Underground facilities" means pipelines, conduits, ducts,  cables,
wires, GAS PRODUCTION AND GATHERING PIPELINE SYSTEMS DESIGNED TO OPERATE
AT  THREE  HUNDRED  POUNDS  PER  SQUARE  INCH GAUGE OR HIGHER, manholes,
vaults or other such facilities or their attachments[, which have  been]
installed  underground  by an operator to provide services or materials.
Such term shall not include oil [and gas] production and gathering pipe-
line systems used primarily to collect  oil  [or  gas]  production  from
wells.
  S 8. Paragraphs a and b of subdivision 1 of section 765 of the general
business law, as amended by chapter 685 of the laws of 1994, are amended
to read as follows:
  a.  Failure to comply with any provision of this article shall subject
an excavator or an operator to a civil penalty of up to [one] TWO  thou-
sand  FIVE  HUNDRED  dollars  for the first violation and up to an addi-
tional [seven] TEN thousand [five hundred] dollars for  each  succeeding
violation  [which]  THAT occurs [in connection with the entire self-same
excavation or demolition activity] within a [two] TWELVE month period.
  b. The penalties provided for by this article shall not  apply  to  an
excavator  who damages an underground facility due to the failure of the
operator to comply with any of the provisions of this article nor  shall
in  such  instance  the excavator be liable for repairs as prescribed in
subdivision [five] FOUR of this section.
  S 9. This act shall take effect immediately.

                                 PART P

  Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
executive  law  relating to permitting the secretary of state to provide
special handling for all documents filed or issued by  the  division  of
corporations  and to permit additional levels of such expedited service,
as amended by section 1 of part L of chapter 60 of the laws of 2011,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full  force  and
effect  on  and  after  April  1, 2003 and shall expire March 31, [2013]
2014.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2013.

                                 PART Q

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2013-2014
state fiscal year. Each component is wholly contained within  a  Subpart
identified  as Subparts A through E. The effective date for each partic-
ular provision contained within such Subpart is set forth  in  the  last
section of such Subpart. Any provision in any section contained within a
Subpart,  including  the  effective  date  of the Subpart, which makes a

S. 2608--A                         28                         A. 3008--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 corre-
sponding section of the Subpart in which it is found. Section  three  of
this Part sets forth the general effective date of this Part.

                                SUBPART A

  Section  1.  Section 579 of the banking law, as amended by chapter 629
of the laws of 2002, is amended to read as follows:
  S 579. Doing business without license  prohibited.  Only  a  [type  B]
not-for-profit corporation [as defined in section two hundred one of the
not-for-profit corporation law of this state,] or an entity incorporated
in  another  state  and  having  a  similar not-for-profit status, shall
engage in the business of budget planning as defined in subdivision  one
of  section four hundred fifty-five of the general business law [of this
state] except as authorized by this article and without first  obtaining
a license from the superintendent.
  S 2.  The opening paragraph of paragraph 1 of section 5 of the cooper-
ative  corporations  law, as amended by chapter 158 of the laws of 1978,
is amended to read as follows:
  The business corporation law applies to every  corporation  heretofore
or  hereafter  formed  under this chapter, or under any other statute or
special act of this state, or under laws other than the statutes of this
state, [which] THAT has as its purpose or among its purposes the cooper-
ative rendering of mutual help and service to its members and which,  if
formed  under  laws  other than the statutes of this state, would, if it
were to be formed currently under the laws  of  this  state,  be  formed
under this chapter except a membership cooperative as defined in section
three of this chapter, to which the not-for-profit corporation law shall
apply.  Any  corporation  to  which the business corporation law is made
applicable by this section shall be treated as a "corporation,"  "domes-
tic  corporation,"  or  "foreign corporation," as such terms are used in
the business  corporation  law;  provided,  however,  that  neither  the
purposes for which any such corporation may be formed under this chapter
nor  its  classification  as  a  non-profit corporation shall thereby be
extended or affected. Any corporation to which the not-for-profit corpo-
ration law is made applicable by this section shall be [a  type  D  not-
for-profit  corporation]  SUBJECT  TO  PROVISIONS GOVERNING CORPORATIONS
FORMED UNDER SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF SECTION  TWO  HUNDRED
ONE OF THE NOT-FOR-PROFIT CORPORATION LAW.
  S  3.  Subdivision  4  of  section 455 of the general business law, as
amended by chapter 456 of the laws  of  2006,  is  amended  to  read  as
follows:
  4.  Person or entity as used in this article shall not include a [type
B] not-for-profit corporation as defined in section two hundred  one  of
the  not-for-profit corporation law of this state, or an entity incorpo-
rated in another state  and  having  a  similar  not-for-profit  status,
licensed  by  the superintendent OF FINANCIAL SERVICES, to engage in the
business of budget planning as defined in this section.
  S 4. Paragraphs (a) and (c)  of  section  103  of  the  not-for-profit
corporation  law, paragraph (a) as amended by chapter 807 of the laws of
1973 and paragraph (c) as amended by chapter 961 of the  laws  of  1972,
are amended to read as follows:
  (a)    Except  as  otherwise  provided  in  this section, this chapter
applies to every domestic corporation as herein defined,  and  to  every
foreign  corporation as herein defined which is authorized to conduct or

S. 2608--A                         29                         A. 3008--A

which conducts any activities in this state.  This chapter also  applies
to  any other domestic corporation or foreign corporation of any type or
kind to the extent, if any, provided  under  this  chapter  or  any  law
governing  such corporation and, if no such provision for application is
made, to the extent,  if  any,  that  the  membership  corporations  law
applied to such corporation as of the effective date of this chapter.  A
corporation formed by a special act of this state which has as its prin-
cipal  purpose an education purpose and which is a member of the univer-
sity of the state of New  York,  is  an  "education  corporation"  under
section two hundred sixteen-a of the education law.
  To  the  extent  that  the  membership corporations law or the general
corporation law applied to it as of the effective date of this  chapter,
the  corresponding  provisions  of  this  chapter apply to a corporation
heretofore formed by or pursuant to a special act of  this  state  other
than  a religious corporation or an "education corporation" under clause
(b) of subdivision one of section two hundred sixteen-a of the education
law, if (1) its principal purpose is a religious, charitable  or  educa-
tion  purpose, and (2) it is operated, supervised or controlled by or in
connection with a religious organization.    Any  such  corporation  may
elect  hereunder at any time after the effective date of this chapter to
file a RESTATED certificate of [type] INCORPORATION under section  [one]
EIGHT  hundred  [thirteen  (Certificate of type of not-for-profit corpo-
ration)] FIVE (RESTATED CERTIFICATE  OF  INCORPORATION).  SUCH  RESTATED
CERTIFICATE  OF INCORPORATION SHALL MEET THE REQUIREMENTS OF SECTION 402
(CERTIFICATE OF INCORPORATION; CONTENTS).    Upon  the  filing  of  such
certificate  by the department of state, this chapter shall apply in all
respects to such corporation.
  This chapter also applies to any other  corporation  of  any  type  or
kind,  formed not for profit under any other chapter of the laws of this
state except a chapter of the consolidated  laws,  to  the  extent  that
provisions  of  this chapter do not conflict with the provisions of such
unconsolidated law.  If an applicable provision of  such  unconsolidated
law  relates to a matter embraced in this chapter but is not in conflict
therewith, both provisions shall apply.  Any corporation to  which  this
chapter  is  made  applicable  by  this  paragraph shall be treated as a
"corporation" or "domestic corporation" as such terms are used  in  this
chapter,  except  that  the  purposes  of any such corporation formed or
formable under such unconsolidated law shall not  thereby  be  extended.
For the purpose of this paragraph, the effective date of this chapter as
to  corporations  to which this chapter is made applicable by this para-
graph shall be September one, nineteen hundred seventy-three.
  (c) If any provision in articles one to  thirteen  inclusive  of  this
chapter  conflicts with a provision of any subsequent articles or of any
special act under which a corporation to which this chapter  applies  is
formed,  the  provision  in  such  subsequent  article  or  special  act
prevails.  A provision of any such subsequent  article  or  special  act
relating  to  a matter referred to in articles one to thirteen inclusive
and not in conflict therewith is  supplemental  and  both  shall  apply.
Whenever  the  board  of  a [Type B] corporation FORMED FOR THE PURPOSES
SPECIFIED IN SUBPARAGRAPH TWO OF PARAGRAPH (B) OF  SECTION  TWO  HUNDRED
ONE  OF  THIS  CHAPTER,  formed under a special act, reasonably makes an
interpretation as to whether a provision of  the  special  act  or  this
chapter prevails, or both apply, such interpretation shall govern unless
and  until a court determines otherwise, if such board has acted in good
faith for a purpose which it reasonably  believes  to  be  in  the  best

S. 2608--A                         30                         A. 3008--A

interests of the corporation, provided however, that such interpretation
shall not bind any governmental body or officer.
  S  5.  Paragraph  (e) of section 104 of the not-for-profit corporation
law, as amended by chapter 833 of the laws of 1982, is amended  to  read
as follows:
  (e)    If  an instrument which is delivered to the department of state
for filing complies as to form with the requirements of law  [and  there
has  been  attached  to  it the consent or approval of the supreme court
justice, governmental body or officer, or, other person or body, if any,
whose consent to or approval of such instrument or the filing thereof is
required by any statute of this state] and the filing fee  and  tax,  if
any,  required by any statute of this state in connection therewith have
been paid, the instrument shall be filed and indexed by  the  department
of state.  No certificate of authentication or conformity or other proof
shall  be required with respect to any verification, oath or acknowledg-
ment of any instrument delivered to the department of state  under  this
chapter,  if  such verification, oath or acknowledgment purports to have
been made before a notary public, or person  performing  the  equivalent
function,  of  one  of  the  states,  or any subdivision thereof, of the
United States or the District of Columbia. Without limiting  the  effect
of  section  four  hundred three of this chapter, filing and indexing by
the department of state shall not be deemed a finding that a certificate
conforms to law, nor shall it be deemed to constitute an approval by the
department of state of the name of the corporation or  the  contents  of
the  certificate,  nor  shall  it  be  deemed to prevent any person with
appropriate standing from contesting the legality thereof in  an  appro-
priate  forum.  UPON THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF STATE
BY ANY STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY OR OTHER  BODY  THAT  A
DOMESTIC  CORPORATION  OR  FOREIGN  AUTHORIZED CORPORATION HAS FAILED TO
OBTAIN THE CONSENT OR  APPROVAL  OF  SUCH  STATE  OFFICIAL,  DEPARTMENT,
BOARD,  AGENCY  OR  OTHER  BODY  FOR  ANY CERTIFICATE OR INSTRUMENT, THE
CORPORATION'S AUTHORITY TO CARRY ON, CONDUCT OR TRANSACT  ACTIVITIES  IN
THIS  STATE  SHALL BE SUSPENDED.  SUCH SUSPENSION SHALL BE ANNULLED UPON
THE FILING OF A CERTIFICATE OF AMENDMENT WITH THE  REQUIRED  CONSENT  OR
APPROVAL ANNEXED THERETO.
  S  6.  Subparagraph  7 of paragraph (a) of section 112 of the not-for-
profit corporation law, as amended by chapter 1058 of the laws of  1971,
is amended to read as follows:
  (7)    To  enforce  any  right  given under this chapter to members, a
director or an officer of a [Type B or Type C]  corporation  FORMED  FOR
THE  PURPOSES  SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH
(B) OF SECTION TWO HUNDRED ONE OF THIS CHAPTER.    The  attorney-general
shall have the same status as such members, director or officer.
  S 7. Section 113 of the not-for-profit corporation law is REPEALED.
  S  8.  Section  114 of the not-for-profit corporation law, as added by
chapter 847 of the laws of 1970, is amended to read as follows:
S 114. Visitation of supreme court.
  [Type B and Type C corporations] CORPORATIONS FORMED FOR THE  PURPOSES
SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH (B) OF SECTION
TWO HUNDRED ONE OF THIS CHAPTER, whether formed under general or special
laws,  with their books and vouchers, shall be subject to the visitation
and inspection of a justice of the  supreme  court,  or  of  any  person
appointed  by the court for that purpose.  If it appears by the verified
petition of a member or creditor of any such corporation,  that  it,  or
its directors, officers or agents, have misappropriated any of the funds
or property of the corporation, or diverted them from the purpose of its

S. 2608--A                         31                         A. 3008--A

incorporation,  or  that the corporation has acquired property in excess
of the amount which it is authorized by law to hold, or has  engaged  in
any business other than that stated in its certificate of incorporation,
the  court  may order that notice of at least eight days, with a copy of
the petition, be served on the corporation and the persons charged  with
misconduct,  requiring them to show cause at a time and place specified,
why they should not be required  to  make  and  file  an  inventory  and
account  of  the  property,  effects and liabilities of such corporation
with a detailed statement of its transactions during the  twelve  months
next  preceding  the  granting  of  such order.   On the hearing of such
application, the court may  make  an  order  requiring  such  inventory,
account  and  statement  to  be  filed, and proceed to take and state an
account of the property and  liabilities  of  the  corporation,  or  may
appoint  a  referee  for  that purpose.   When such account is taken and
stated, after hearing all the parties to the application, the court  may
enter  a  final  order determining the amount of property so held by the
corporation, its annual income, whether any of the property or funds  of
the  corporation  have  been  misappropriated  or  diverted to any other
purpose than that for  which  such  corporation  was  incorporated,  and
whether such corporation has been engaged in any activity not covered by
its certificate of incorporation.  An appeal may be taken from the order
by  any  party aggrieved to the appellate division of the supreme court,
and to the court of appeals, as in a civil action.  No corporation shall
be required to make and file more than one inventory and account in  any
one  year, nor to make a second account and inventory, while proceedings
are pending for the statement of an account under this section.
  S 9. Paragraph (b) of section 201 of  the  not-for-profit  corporation
law,  as  amended by chapter 847 of the laws of 1970, is amended to read
as follows:
  (b) A corporation, [of a type  and]  for  a  purpose  or  purposes  as
follows,  may  be  formed under this chapter, provided consents required
under any other statute of this state have been obtained:
  [Type A - A not-for-profit corporation of this type may be formed] (1)
for any lawful non-business  purpose  or  purposes  including,  but  not
limited  to,  any  one  or more of the following non-pecuniary purposes:
civic, patriotic, political, social, fraternal, athletic,  agricultural,
horticultural,  animal  husbandry,  and  for a professional, commercial,
industrial, trade or service association.
  [Type B - A not-for-profit corporation of this type may be formed] (2)
for any one or more of the following non-business purposes:  charitable,
educational,  religious,  scientific,  literary,  cultural  or  for  the
prevention of cruelty to children or animals.
  [Type C - A not-for-profit corporation of this type may be formed] (3)
for any lawful business purpose to achieve a  lawful  public  or  quasi-
public objective.
  [Type  D  -  A  not-for-profit  corporation of this type may be formed
under this chapter] (4) when such formation is authorized by  any  other
corporate law of this state for any business or non-business, or pecuni-
ary  or  non-pecuniary, purpose or purposes specified by such other law,
whether such purpose or purposes are also within [types A, B, C] SUBPAR-
AGRAPHS ONE, TWO OR THREE above or otherwise.
  S 10. Paragraph (c) of section 201 of the  not-for-profit  corporation
law,  as amended by chapter 1058 of the laws of 1971, is amended to read
as follows:
  (c) If a corporation is formed for purposes  which  are  [within  both
type  A  and  type  B  above,  it  is a type B corporation] SPECIFIED IN

S. 2608--A                         32                         A. 3008--A

SUBPARAGRAPHS ONE  AND  TWO  OF  PARAGRAPH  (B)  OF  THIS  SECTION,  ALL
PROVISIONS  GOVERNING  CORPORATIONS  FORMED  FOR  PURPOSES  SPECIFIED IN
SUBPARAGRAPH TWO OF PARAGRAPH (B) OF THIS SECTION SHALL  APPLY  TO  SUCH
CORPORATION.  [If a corporation has among its purposes any purpose which
is  within type C, such corporation is a type C corporation.] A [type D]
corporation [is subject to all provisions  of  this  chapter  which  are
applicable  to  a type B corporation under this chapter] FORMED PURSUANT
TO SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF THIS SECTION SHALL BE  GOVERNED
BY  ALL  PROVISIONS GOVERNING CORPORATIONS FORMED FOR PURPOSES SPECIFIED
IN PARAGRAPH TWO OF SUBDIVISION (B) OF THIS SECTION unless  provided  to
the  contrary  in,  and subject to the contrary provisions of, the other
corporate law authorizing formation under this chapter of [the type D]
 SUCH corporation.
  S 11. Subparagraph 3 of paragraph (a) of section 301 of  the  not-for-
profit corporation law is amended to read as follows:
  (3)    Shall  not  contain  any word or phrase, or any abbreviation or
derivative thereof, the use of which  is  prohibited  or  restricted  by
[section  404  (Approvals  and  consents)  or] any other statute of this
state, [unless in the latter case the] EXCEPT IN  COMPLIANCE  WITH  SUCH
restrictions [have been complied with].
  S  12.  Subparagraphs  2  and 4 of paragraph (a) of section 402 of the
not-for-profit corporation law, subparagraph 2 as amended by chapter 847
of the laws of 1970 and subparagraph 4 as amended by chapter 679 of  the
laws of 1985, are amended to read as follows:
  (2)  That  the corporation is a corporation as defined in subparagraph
(a) (5) of section 102 (Definitions); the purpose or purposes for  which
it  is formed [and the type of corporation it shall be under section 201
(Purposes)]; and in the case  of  a  [Type  C]  corporation  FORMED  FOR
PURPOSES SPECIFIED IN SUBPARAGRAPH THREE OF PARAGRAPH (B) OF SECTION 201
(PURPOSES),  the  lawful  public  or quasi-public objective [which] each
business purpose will achieve.
  (4) [In the case of a Type A, Type B, or Type C corporation, the]  THE
names  and addresses of the initial directors. In the case of a [Type D]
corporation FORMED UNDER SUBPARAGRAPH FOUR OF PARAGRAPH (B)  OF  SECTION
201  (PURPOSES),  the  names  and addresses of the initial directors, if
any, may but need not be set forth.
  S 13. Paragraph (d) of section 502 of the  not-for-profit  corporation
law is amended to read as follows:
  (d)  A  member's  capital contribution shall be evidenced by a capital
certificate which shall be non-transferable, except that the certificate
of incorporation of a [Type A] corporation FORMED FOR THE PURPOSES SPEC-
IFIED IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SECTION 201 (PURPOSES) may
provide that its capital certificates, or some of them, may be transfer-
able to other members with the consent of the corporation upon specified
terms and conditions.
  S 14. Paragraph (b) of section 503 of the  not-for-profit  corporation
law,  subparagraph  1  as amended by chapter 847 of the laws of 1970, is
amended to read as follows:
  (b) Each capital certificate shall when issued  state  upon  the  face
thereof:
  [(1)  That  the  corporation is a Type ..... corporation under section
113 or section 402 of the New York Not-for-Profit Corporation Law.
  (2)] (1) The name of the member to whom issued.
  [(3)] (2) The amount of the member's capital contribution evidenced by
such certificate.

S. 2608--A                         33                         A. 3008--A

  [(4)] (3) If appropriate, [that the corporation is  a  Type  A  corpo-
ration,  and]  IN  THE  CASE OF A CORPORATION FORMED FOR THE PURPOSES OF
SUBPARAGRAPH (1) OF PARAGRAPH (B) OF SECTION 201  (PURPOSES),  that  its
certificate  of  incorporation  provides that the capital certificate is
transferable to other members with the consent of the corporation.
  S  15.  Subparagraph 1 of paragraph (b) of section 505 of the not-for-
profit corporation law, as amended by chapter 847 of the laws  of  1970,
is  REPEALED, and subparagraphs 2, 3, 4, 5 and 6 are renumbered subpara-
graphs 1, 2, 3, 4, and 5.
  S 16. Subparagraph 3 of paragraph (a) of section 510 of  the  not-for-
profit  corporation  law, as amended by chapter 847 of the laws of 1970,
is amended to read as follows:
  (3) If the corporation is, or would be if formed under this  chapter[,
classified  as a Type B or Type C corporation under] FOR PURPOSES SPECI-
FIED IN SUBPARAGRAPH TWO OR THREE OF PARAGRAPH  (B)  OF  section  201[,]
(Purposes) [such]. A sale, lease, exchange or other disposition shall in
addition  require leave of the supreme court in the judicial district or
of the county court of the county  in  which  the  corporation  has  its
office  or principal place of carrying out the purposes for which it was
formed.
  S 17. Paragraph (a) of section 513 of the  not-for-profit  corporation
law,  as  amended by chapter 690 of the laws of 1978, is amended to read
as follows:
  (a) [A] UNLESS OTHERWISE PROVIDED BY LAW  OR  IN  THE  CERTIFICATE  OF
INCORPORATION, A corporation [which is, or would be if formed under this
chapter,  classified as a Type B corporation shall] MAY hold full owner-
ship rights in any assets consisting of funds or other real or  personal
property  of any kind, that may be given, granted, bequeathed or devised
to or otherwise vested in such corporation  in  trust  for,  or  with  a
direction to apply the same to, any purpose specified in its certificate
of  incorporation, and shall not be deemed a trustee of an express trust
of such assets, EXCEPT FOR CORPORATIONS FORMED FOR PURPOSES SPECIFIED IN
SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SECTION 201 (PURPOSES).  [Any other
corporation subject  to  this  chapter  may  similarly  hold  assets  so
received,  unless  otherwise  provided  by  law or in the certificate of
incorporation.]
  S 18. Paragraph (a) of section 601 of the  not-for-profit  corporation
law,  as amended by chapter 1058 of the laws of 1971, is amended to read
as follows:
  (a) A corporation [shall] MAY have one or more classes of members, or,
[in the case of a Type B corporation,] may have no  members[,  in  which
case  any  such  provision  for classes of members or for no members]. A
CORPORATION WHICH HAS ONE OR MORE CLASSES  OF  MEMBERS  shall  [be]  set
forth  in the certificate of incorporation or the by-laws PROVISIONS FOR
SUCH CLASSES OF MEMBERS.  Corporations, joint-stock associations,  unin-
corporated  associations  and  partnerships, as well as any other person
without limitation, may be members.
  S 19. Subparagraph 3 of paragraph (a) of section 803 of  the  not-for-
profit  corporation law, as added by chapter 168 of the laws of 1982, is
amended to read as follows:
  (3) That the corporation is a corporation as defined  in  subparagraph
(a)  (5)  of  section  102 (Definitions)[; the type of corporation it is
under  section  201  (Purposes);  and  if  the  corporate  purposes  are
enlarged, limited or otherwise changed, the type of corporation it shall
thereafter be under section 201].

S. 2608--A                         34                         A. 3008--A

  S  20.  Subparagraph  (ii) of paragraph (a) of section 804 of the not-
for-profit corporation law, as amended by chapter 139  of  the  laws  of
1993, is amended to read as follows:
  (ii)  Every  certificate  of amendment of a corporation [classified as
type B or type C under] FORMED FOR THE PURPOSES  SPECIFIED  IN  SUBPARA-
GRAPH  TWO  OR  THREE  OF  PARAGRAPH (B) OF section 201 (Purposes) which
seeks to change or eliminate a purpose or power enumerated in the corpo-
ration's certificate of incorporation, or to add a power or purpose  not
enumerated  therein,  shall have endorsed thereon or annexed thereto the
approval of a justice of the supreme court of the judicial  district  in
which the office of the corporation is located. Ten days' written notice
of the application for such approval shall be given to the attorney-gen-
eral.
  S  21.  Paragraphs  (a)  and  (c) of section 907 of the not-for-profit
corporation law are amended to read as follows:
  (a) [Where any constituent corporation or the consolidated corporation
is, or would be if formed under this chapter, a  Type  B  or  a  Type  C
corporation under section 201 (Purposes) of this chapter, no] NO certif-
icate  shall  be filed pursuant to section 904 (Certificate of merger or
consolidation; contents) or  section  906  BY  CORPORATIONS  (Merger  or
consolidation  of  domestic  and  foreign  corporations)  FORMED FOR THE
PURPOSES SPECIFIED IN SUBPARAGRAPH TWO OR  THREE  OF  PARAGRAPH  (B)  OF
SECTION  201  (PURPOSES)  until an order approving the plan of merger or
consolidation and authorizing the filing of  the  certificate  has  been
made by the supreme court, as provided in this section. A certified copy
of  such  order shall be annexed to the certificate of merger or consol-
idation. Application for the order may be made in the judicial  district
in  which  the  principal office of the surviving or consolidated corpo-
ration is to be located, or in which the office of one of  the  domestic
constituent  corporations  is  located. The application shall be made by
all the constituent corporations jointly and shall set forth by  affida-
vit  (1)  the plan of merger or consolidation, (2) the approval required
by section 903 (Approval of plan) or paragraph (b) of section 906 (Merg-
er or consolidation of  domestic  and  foreign  corporations)  for  each
constituent  corporation,  (3)  the  objects  and  purposes of each such
corporation to be promoted by the consolidation, (4) a statement of  all
property, and the manner in which it is held, and of all liabilities and
of the amount and sources of the annual income of each such corporation,
(5)  whether  any votes against adoption of the resolution approving the
plan of merger or consolidation were cast at the meeting  at  which  the
resolution  as  adopted  by  each constituent corporation, and (6) facts
showing that the consolidation is authorized by the laws of  the  juris-
dictions  under  which  each of the constituent corporations is incorpo-
rated.
  (c) If the court shall find that any of  the  assets  of  any  of  the
constituent corporations are held for [a] ANY purpose specified [as Type
B]  in  SUBPARAGRAPH  TWO  OR  THREE  OF  paragraph  (b)  of section 201
(PURPOSES) or are legally required to be used for a particular  purpose,
but  not  upon  a  condition requiring return, transfer or conveyance by
reason of the merger or consolidation, the court may, in its discretion,
direct that such assets be transferred or conveyed to the  surviving  or
consolidated  corporation  subject  to such purpose or use, or that such
assets be transferred or  conveyed  to  the  surviving  or  consolidated
corporation  or to one or more other domestic or foreign corporations or
organizations engaged  in  substantially  similar  activities,  upon  an
express trust the terms of which shall be approved by the court.

S. 2608--A                         35                         A. 3008--A

  S  22.  Paragraphs  (a)  and  (f) of section 908 of the not-for-profit
corporation law are amended to read as follows:
  (a)  One  or more domestic or foreign corporations [which is, or would
be if formed under this chapter, a type A or type  C  corporation  under
section 201 (Purposes)] may be merged or consolidated into a domestic or
foreign  corporation  which  is, or would be if formed under the laws of
this state, a corporation formed under the business corporation  law  of
this state if such merger or consolidation is not contrary to the law of
the  state of incorporation of any constituent corporation. With respect
to such merger or consolidation,  any  reference  in  paragraph  (b)  of
section  901  [of  this  article]  (POWER OF MERGER OR CONSOLIDATION) or
paragraph (b) of section 901 of the business corporation law to a corpo-
ration shall, unless the context otherwise requires, include both domes-
tic and foreign corporations.
  (f) [Where any constituent corporation is, or would be if formed under
this chapter, a Type C corporation under section 201 (Purposes), no]  NO
certificate  shall  be  filed  pursuant  to this section BY CORPORATIONS
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO OR THREE OF  PARA-
GRAPH (B) OF SECTION 201 (PURPOSES) until an order approving the plan of
merger  or  consolidation  and authorizing the filing of the certificate
has been made by the supreme court, as provided in section 907 (Approval
by the supreme court).
  S 23. Paragraphs (b) and (c) and subparagraph 3 of  paragraph  (d)  of
section  1001 of the not-for-profit corporation law, as amended by chap-
ter 434 of the laws of 2006, are amended to read as follows:
  (b) If [the] A corporation [is a Type  B,  C  or  D  corporation  and]
FORMED  FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF
PARAGRAPH (B) OF SECTION 201 (PURPOSES) has no assets to distribute  and
no liabilities at the time of dissolution, the plan of dissolution shall
include a statement to that effect.
  (c)  If  [the]  A  corporation  [is  a Type B, C or D corporation and]
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR  OF
PARAGRAPH  (B) OF 201 (PURPOSES) has no assets to distribute, other than
a reserve not to exceed twenty-five thousand dollars for the purpose  of
paying ordinary and necessary expenses of winding up its affairs includ-
ing  attorney  and accountant fees, and liabilities not in excess of ten
thousand dollars at the time of adoption of the plan of dissolution, the
plan of dissolution shall include a statement to that effect.
  (3) if there are assets received and held by the corporation  [either]
for  a  purpose  specified  [as  Type B] in SUBPARAGRAPH TWO OR THREE OF
paragraph (b) of section 201 (Purposes)  or  [which]  THAT  are  legally
required  to  be  used  for  a  particular purpose, a statement that the
assets owned by the corporation, subject to any  unpaid  liabilities  of
the corporation, shall be distributed as required by any gift instrument
or  to  a  charitable organization or organizations exempt from taxation
pursuant to federal and state laws and engaged  in  activities  substan-
tially similar to those of the dissolved corporation.  Each such recipi-
ent  organization  shall  be identified and the governing instrument and
amendments thereto of each of the proposed recipient organizations shall
be annexed to such statement, along with the financial reports  of  each
recipient  organization  for  the last three years and a sworn affidavit
from a director and officer of each recipient organization  stating  the
purposes  of  the  organization,  and  that  it is currently exempt from
federal income taxation.

S. 2608--A                         36                         A. 3008--A

  S 24. Paragraphs (a) and (d) of section  1002  of  the  not-for-profit
corporation  law,  as  amended  by  chapter 434 of the laws of 2006, are
amended to read as follows:
  (a)  Upon  adopting  a plan of dissolution and distribution of assets,
the board shall submit it to a vote of the members,  if  any,  and  such
plan  shall  be  approved  at a meeting of members by two-thirds vote as
provided in paragraph (c) of section 613 (Vote  of  members);  provided,
however,  that  if  the  corporation  is  [a Type B, C or D corporation]
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR  OF
PARAGRAPH (B) OF SECTION 201 (PURPOSES), other than a corporation incor-
porated pursuant to article 15 (Public cemetery corporations), [and] has
no  assets to distribute, other than a reserve not to exceed twenty-five
thousand dollars for  the  purpose  of  paying  ordinary  and  necessary
expenses  of  winding  up  its affairs including attorney and accountant
fees, and liabilities not in excess of ten thousand dollars at the  time
of  adoption of the plan of dissolution, the vote required by the corpo-
ration's board of directors for adoption of the plan of  dissolution  of
such a corporation or by the corporation's members for the authorization
thereof shall be:
  (1) In the case of a vote by the board of directors: (i) the number of
directors required under the certificate of incorporation, by-laws, this
chapter and any other applicable law; or
  (ii) if the number of directors actually holding office as such at the
time  of  the vote to adopt the plan is less than the number required to
constitute a quorum of directors under the certificate of incorporation,
the by-laws, this chapter or any other  applicable  law,  the  remaining
directors unanimously;
  (2)  In  the  case of a vote by the members, (i) the number of members
required under the certificate of incorporation, by-laws,  this  chapter
and  any other applicable law; or (ii) by the vote of members authorized
by an order of the supreme court pursuant to section 608 [of this  chap-
ter]  (QUORUM  AT  MEETING  OF  MEMBERS)  permitting  the corporation to
dispense with the applicable quorum requirement.
  Notice of a special or regular meeting of the board of directors or of
the members entitled to vote on adoption and authorization  or  approval
of  the  plan  of  dissolution  shall  be  sent to all the directors and
members of record entitled to vote. Unless otherwise directed  by  order
of  the  supreme court pursuant to section 608 [of this chapter] (QUORUM
AT MEETING OF MEMBERS), the notice shall  be  sent  by  certified  mail,
return  receipt  requested,  to the last known address of record of each
director and member not fewer than thirty, and not more than sixty  days
before  the  date  of  each  meeting provided, however, that if the last
known address of record of any director or  member  is  not  within  the
United  States,  the  notice to such director shall be sent by any other
reasonable means.
  (d) The plan of dissolution and  distribution  of  assets  shall  have
annexed  thereto  the  approval of a justice of the supreme court in the
judicial district in which the office of the corporation is  located  in
the case of a [Type B, C or D]corporation FORMED FOR THE PURPOSES SPECI-
FIED  IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH (B) OF SECTION 201
(PURPOSES), and in the case of any other corporation which holds  assets
at  the time of dissolution legally required to be used for a particular
purpose, except that no such approval shall be required with respect  to
the  plan  of  dissolution  of  a  corporation, other than a corporation
incorporated pursuant to  article  15  (Public  cemetery  corporations),
which has no assets to distribute at the time of dissolution, other than

S. 2608--A                         37                         A. 3008--A

a  reserve not to exceed twenty-five thousand dollars for the purpose of
paying ordinary and necessary expenses of winding up its affairs includ-
ing attorney and accountant fees, and liabilities not in excess  of  ten
thousand  dollars,  and  which  has  complied  with  the requirements of
section 1001 (Plan of dissolution and distribution of assets)  and  this
section  applicable  to  such  a corporation. Application to the supreme
court for an order for such approval shall be by verified petition, with
the plan of dissolution and distribution of assets and certified  copies
of the consents prescribed by this section annexed thereto, and upon ten
days  written  notice  to  the attorney general accompanied by copies of
such petition, plan and consents. In  such  case  where  approval  of  a
justice  of  the  supreme  court  is not required for a [Type B, C or D]
corporation FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE
OR FOUR OF PARAGRAPH (B) OF SECTION 201 (PURPOSES), a copy of such  plan
certified  under  penalties  of perjury shall be filed with the attorney
general within ten days after its authorization.
  S 25. Subparagraph 1 of paragraph (c) of section 1002-a  of  the  not-
for-profit  corporation  law,  as  amended by chapter 434 of the laws of
2006, is amended to read as follows:
  (1) assets received and held by the corporation [either] for a purpose
specified [as Type B] in SUBPARAGRAPH TWO OR THREE OF paragraph  (b)  of
section  201  (Purposes)  or which are legally required to be used for a
particular purpose, shall be distributed to  one  or  more  domestic  or
foreign  corporations  or  other  organizations  engaged  in  activities
substantially similar to those of the dissolved corporation pursuant  to
the  plan  of dissolution and distribution or, if applicable, as ordered
by the court to which such plan is submitted for approval under  section
1002  (Authorization  of plan). Any disposition of assets contained in a
will or other instrument, in trust or otherwise, made  before  or  after
the  dissolution,  to or for the benefit of any corporation so dissolved
shall inure to or for the benefit of  the  corporation  or  organization
acquiring  such  assets of the dissolved corporation as provided in this
section, and so far as is necessary for that purpose the corporation  or
organization  acquiring  such disposition shall be deemed a successor to
the dissolved corporation with respect to such assets; provided,  howev-
er,  that such disposition shall be devoted by the acquiring corporation
or organization to the purposes intended by the testator, donor or gran-
tor.
  S 26. Subparagraph 4 of paragraph (a) of section 1003 of the  not-for-
profit  corporation  law is REPEALED and subparagraphs 5, 6, 7 and 8 are
renumbered subparagraphs 4, 5, 6 and 7.
  S 27. Subparagraph 2 of paragraph (b) of section 1003 of the  not-for-
profit  corporation  law, as amended by chapter 434 of the laws of 2006,
is amended to read as follows:
  (2) By the attorney general in the case of a [Type B, C or  D]  corpo-
ration  FORMED  FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR
FOUR OF PARAGRAPH (B) OF SECTION 201 (PURPOSES),  or  any  other  corpo-
ration  that holds assets at the time of dissolution legally required to
be used for a particular purpose.
  S 28. Subparagraph 15 of paragraph (a) of section 1008 of the not-for-
profit corporation law, as amended by chapter 434 of the laws  of  2006,
is amended to read as follows:
  (15) Where assets were received and held by the corporation either for
a  purpose  specified  [as Type B] in SUBPARAGRAPH TWO OR THREE OF para-
graph (b) of section 201 (Purposes), or were legally required to be used
for a particular purpose, the distribution of such assets to one or more

S. 2608--A                         38                         A. 3008--A

domestic or foreign  corporations  or  other  organizations  engaged  in
activities  substantially similar to those of the dissolved corporation,
on notice to the attorney general and to such other persons, and in such
manner, as the court may deem proper.
  S  29. Subparagraph 6 of paragraph (a) of section 1012 of the not-for-
profit corporation law is REPEALED.
  S 30. Section 1302 of the not-for-profit corporation law,  as  amended
by chapter 847 of the laws of 1970, is amended to read as follows:
S 1302. Application to existing authorized foreign corporations.
  Every  foreign corporation which on the effective date of this chapter
is authorized to conduct activities in this state under a certificate of
authority heretofore issued to  it  by  the  secretary  of  state  shall
continue to have such authority.  Such foreign corporation, its members,
directors,  and  officers  shall  have  the same rights, franchises, and
privileges and shall be subject to the same  limitations,  restrictions,
liabilities,  and  penalties  as  a foreign corporation authorized under
this chapter, its members, directors,  and  officers  respectively.    A
foreign  corporation  [may  by amendment to its certificate of authority
set forth the type of corporation it is under  section  201  (Purposes);
and  in  the absence of such amendment an authorized foreign corporation
shall be a Type B corporation] SHALL BE SUBJECT TO PROVISIONS  GOVERNING
CORPORATIONS  FORMED  UNDER SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SECTION
201 (PURPOSES), UNLESS OTHERWISE REQUIRED BY LAW.    Reference  in  this
chapter to an application for authority shall, unless the context other-
wise  requires,  include the statement and designation and any amendment
thereof required to be filed by the secretary of state under prior stat-
utes to obtain a certificate of authority.
  S 31. Subparagraph 4 of paragraph (a) of section 1304 of the  not-for-
profit  corporation  law,  as amended by chapter 847 of the laws of 1970
and as renumbered by chapter 590 of the laws of 1982, is amended to read
as follows:
  (4) That the corporation  is  a  foreign  corporation  as  defined  in
subparagraph  (a)  (7) of section 102 (Definitions); [the type of corpo-
ration it shall be under section 201 (Purposes);]  a  statement  of  its
purposes  to  be  pursued  in  this state and of the activities which it
proposes to conduct in this state; a statement that it is authorized  to
conduct  those  activities in the jurisdiction of its incorporation; and
in the case of a [Type C] corporation FORMED FOR THE PURPOSES  SPECIFIED
IN  SUBPARAGRAPH  THREE  OF PARAGRAPH (B) OF SECTION 201 (PURPOSES), the
lawful public or quasi-public objective which each business purpose will
achieve.
  S 32. Paragraph (a) of section 1321 of the not-for-profit  corporation
law,  subparagraphs  1, 2 and 3 as amended by chapter 847 of the laws of
1970, are amended to read as follows:
  (a)  Notwithstanding any other provision of this  chapter,  a  foreign
corporation  conducting  activities  in  this  state which is authorized
under this article, its directors, officers and members, shall be exempt
from the provisions of paragraph  (e)  of  section  1317  (Voting  trust
records), subparagraph (a) (1) of section 1318 (Liabilities of directors
and  officers  of  foreign  corporations),  and  subparagraph (a) (2) of
section 1320 (Applicability of other provisions) if when such  provision
would otherwise apply[:
  (1)  The  corporation is a Type A corporation under this chapter; its]
THE CORPORATION'S principal activities are conducted outside this state;
the greater part of its property is located outside this state; and  (1)
less than one third of its members are residents of this state; or

S. 2608--A                         39                         A. 3008--A

  (2)   [The corporation is a Type B corporation under this chapter; its
principal activities are conducted outside this state; the greater  part
of  its  property  is located outside this state; and] less than ten per
cent of its annual revenues is derived from solicitation of funds within
this state; or
  (3)   [The corporation is a Type C corporation under this chapter; its
principal activities are conducted outside this state; the greater  part
of  its  property is located outside this state; and] less than one half
of its revenues for the preceding three fiscal years,  or  such  portion
thereof  as  the  foreign corporation was in existence, was derived from
sources within this state.
  S 33.  Paragraph (d) of section 1401 of the not-for-profit corporation
law is REPEALED and paragraph (e) is relettered paragraph (d).
  S 34. Paragraph (b) of section 1402 of the not-for-profit  corporation
law  is REPEALED and paragraphs (c), (d), (e), (f), (g), (h) and (i) are
relettered paragraphs (b), (c), (d), (e), (f), (g) and (h).
  S 35. Paragraph (c) of section 1403 of the not-for-profit  corporation
law is REPEALED.
  S  36. Paragraph (b) of section 1404 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d) and  (e)  are  relettered  para-
graphs (b), (c) and (d).
  S  37. Paragraph (b) of section 1405 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d),  (e)  and  (f)  are  relettered
paragraphs (b), (c) (d) and (e).
  S  38. Paragraph (b) of section 1406 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d),  (e)  and  (f)  are  relettered
paragraphs (b), (c), (d) and (e).
  S  39. Paragraph (b) of section 1407 of the not-for-profit corporation
law is REPEALED and paragraphs (c) and (d) are relettered paragraphs (b)
and (c).
  S 40. Paragraph (b) of section 1408 of the not-for-profit  corporation
law is REPEALED and paragraph (c) is relettered paragraph (b).
  S  41. Paragraph (b) of section 1409 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d), (e), (f), (g),  (h),  (i),  (j)
and (k) are relettered paragraphs (b), (c), (d), (e), (f), (g), (h), (i)
and (j).
  S  42. Paragraph (b) of section 1410 of the not-for-profit corporation
law is REPEALED and paragraph (c) is relettered paragraph (b).
  S 43. Paragraph (b) of section 1411 of the not-for-profit  corporation
law  is REPEALED and paragraphs (c), (d), (e), (f), (g), (h) and (i) are
relettered paragraphs (b), (c), (d), (e), (f), (g) and (h).
  S 44. Paragraph (d) of section 1412 of the not-for-profit  corporation
law  is  REPEALED  and  paragraphs (e), (f) and (g) are relettered para-
graphs (d), (e) and (f), respectively.
  S 45. Paragraph (c) of section 1505 of the not-for-profit  corporation
law is REPEALED and paragraph (d) is relettered paragraph (c).
  S  46.  Subdivision 2 of section 2-b of the religious corporations law
is REPEALED and subdivisions 3 and 4 are renumbered subdivisions  2  and
3.
  S  47.  This  act shall take effect on the sixtieth day after it shall
have become a law.

                                SUBPART B

S. 2608--A                         40                         A. 3008--A

  Section 1. Paragraph (e) of section 104 of  the  business  corporation
law,  as  amended by chapter 832 of the laws of 1982, is amended to read
as follows:
  (e) If an instrument which is delivered to the department of state for
filing  complies  as  to  form  with  the  requirements of law and WHERE
REQUIRED BY STATUTE there  has  been  attached  to  it  the  consent  or
approval  of  the  state  official, [department, board,] agency or other
body, if any, whose consent to or approval of  such  instrument  or  the
filing  thereof  is required by any statute of this state and the filing
fee and tax, if any, required by any statute of this state in connection
therewith have been paid, the instrument shall be filed and  indexed  by
the  department of state. No certificate of authentication or conformity
or other proof shall be required with respect to any verification,  oath
or acknowledgment of any instrument delivered to the department of state
under  this  chapter,  if  such  verification,  oath  or  acknowledgment
purports to have been made before a notary public, or person  performing
the equivalent function, of one of the states, or any subdivision there-
of,  of  the United States or the District of Columbia. Without limiting
the effect of section four hundred three of  this  chapter,  filing  and
indexing by the department of state shall not be deemed a finding that a
certificate  conforms  to  law,  nor shall it be deemed to constitute an
approval by the department of state of the name of  the  corporation  or
the  contents  of the certificate, nor shall it be deemed to prevent any
person with appropriate standing from contesting the legality thereof in
an appropriate forum. UPON THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF
STATE BY ANY STATE OFFICIAL, DEPARTMENT, BOARD,  AGENCY  OR  OTHER  BODY
THAT A DOMESTIC CORPORATION OR FOREIGN AUTHORIZED CORPORATION HAS FAILED
TO  OBTAIN  THE  CONSENT OR APPROVAL OF SUCH STATE OFFICIAL, DEPARTMENT,
BOARD, AGENCY OR OTHER BODY  FOR  ANY  CERTIFICATE  OR  INSTRUMENT,  THE
CORPORATION'S  AUTHORITY  TO  CARRY  ON, CONDUCT OR TRANSACT BUSINESS IN
THIS STATE SHALL BE SUSPENDED. SUCH SUSPENSION SHALL  BE  ANNULLED  UPON
THE  FILING  OF  A CERTIFICATE OF AMENDMENT WITH THE REQUIRED CONSENT OR
APPROVAL ANNEXED THERETO.
  S 2. Paragraphs (b) and (e) of section 201 of the business corporation
law, paragraph (b) as amended by chapter 182 of the laws  of  1981,  and
paragraph  (e)  as  amended by section 71 of part A of chapter 58 of the
laws of 2010, are amended to read as follows:
  (b) [The] CERTIFICATION THAT  approval  of  the  industrial  board  of
appeals HAS BEEN OBTAINED is required for the filing with the department
of  state  of any certificate of incorporation, certificate of merger or
consolidation or application of a foreign corporation for  authority  to
do  business  in  this  state  which states as the purpose or one of the
purposes of the corporation the formation of an organization  of  groups
of  working  men or women or wage earners, or the performance, rendition
or sale of services as labor consultant or as advisor  on  labor-manage-
ment  relations  or  as  arbitrator  or  negotiator  in labor-management
disputes.
  (e) A corporation may not include as its purpose or among its purposes
the establishment or maintenance of a  hospital  or  facility  providing
health  related  services, as those terms are defined in article twenty-
eight of the public health law unless its certificate  of  incorporation
shall  so  state  and  such certificate [shall have annexed thereto the]
INCLUDES A CERTIFICATION THAT approval of the public health  and  health
planning council OF SUCH PURPOSE HAS BEEN OBTAINED.

S. 2608--A                         41                         A. 3008--A

  S  3.  Clause (B) of subparagraph 5 of paragraph (a) of section 301 of
the business corporation law, as amended by chapter 155 of the  laws  of
2012, is amended to read as follows:
  (B)  Shall not contain any of the following words, or any abbreviation
or derivative thereof:
   acceptance             endowment           loan
   annuity                fidelity            mortgage
   assurance              finance             savings
   bank                   guaranty            surety
   benefit                indemnity           title
   bond                   insurance           trust
   casualty               investment          underwriter
   doctor                 lawyer
unless the [approval of the  superintendent  of  financial  services  is
attached  to  the]  certificate  of  incorporation,  or  application for
authority or amendment thereof INCLUDES A CERTIFICATION THAT APPROVAL OF
THE SUPERINTENDENT OF FINANCIAL SERVICES HAS BEEN  OBTAINED;  or  [that]
UNLESS  the  word  "doctor" or "lawyer" or an abbreviation or derivation
thereof is used in the name of a university faculty practice corporation
formed pursuant to section fourteen hundred twelve of the not-for-profit
corporation law or a professional service corporation formed pursuant to
article fifteen of this  chapter,  or  a  foreign  professional  service
corporation  authorized to do business in this state pursuant to article
fifteen-A of this chapter, the members  or  shareholders  of  which  are
composed exclusively of doctors or lawyers, respectively, or are used in
a context which clearly denotes a purpose other than the practice of law
or medicine.
  S  4. Subparagraphs 6, 7 and 11 of paragraph (a) of section 301 of the
business corporation law, subparagraph 7 as amended by  chapter  555  of
the laws of 1978 and subparagraph 11 as added by chapter 316 of the laws
of 2005, are amended to read as follows:
  (6)  Shall  not,  unless [the approval of the state board of standards
and appeals is attached to] the certificate of incorporation, or  appli-
cation  for authority or amendment thereof INCLUDES A CERTIFICATION THAT
THE APPROVAL OF THE STATE  BOARD  OF  STANDARDS  AND  APPEALS  HAS  BEEN
OBTAINED, contain any of the following words or phrases, or any abbrevi-
ation  or  derivative thereof:  union, labor, council, industrial organ-
ization, in a context which  indicates  or  implies  that  the  domestic
corporation is formed or the foreign corporation authorized as an organ-
ization  of working men or women or wage earners or for the performance,
rendition or sale of services as labor or management consultant, adviser
or specialist,  or  as  negotiator  or  arbitrator  in  labor-management
disputes.
  (7)  Shall not, unless [the approval of the state department of social
services is attached to] the certificate of incorporation,  or  applica-
tion  for  authority  or amendment thereof INCLUDES A CERTIFICATION THAT
THE APPROVAL OF  THE  STATE  DEPARTMENT  OF  SOCIAL  SERVICES  HAS  BEEN
OBTAINED, contain the word "blind" or "handicapped". Such approval shall
be granted by the state department of social services, if in its opinion
the word "blind" or "handicapped" as used in the corporate name proposed
will  not  tend to mislead or confuse the public into believing that the
corporation is organized for charitable or non-profit  purposes  related
to the blind or the handicapped.
  (11)  Shall  not, unless [the consent of the commissioner of education
is endorsed on or annexed to] the certificate of incorporation  INCLUDES
A  CERTIFICATION  THAT  THE CONSENT OF THE COMMISSIONER OF EDUCATION HAS

S. 2608--A                         42                         A. 3008--A

BEEN OBTAINED, contain the words  "school;"  "education;"  "elementary;"
"secondary;"  "kindergarten;"  "prekindergarten;"  "preschool;" "nursery
school;"  "museum;"  "history;"  "historical;"   "historical   society;"
"arboretum;" "library;" "college;" "university" or other term restricted
by section two hundred twenty-four of the education law; "conservatory,"
"academy,"  or  "institute,"  or  any abbreviation or derivative of such
terms. Such consent shall not be granted by the commissioner  of  educa-
tion,  if  in  the  commissioner's opinion, the use of such terms in the
corporate name is likely to mislead or confuse the public into believing
that the corporation is organized for non-profit educational purposes or
for educational business purposes that are not specified in  the  corpo-
rate purposes and powers contained in its certificate of incorporation.
  S  5. Section 406 of the business corporation law, as amended by chap-
ter 558 of the laws of 1999, is amended to read as follows:
S 406. Filing of a certificate of incorporation; facility for alcoholism
         or alcohol abuse, substance  abuse,  substance  dependence,  or
         chemical abuse or dependence.
  Every  certificate of incorporation which includes among its corporate
purposes the establishment or operation of a  program  of  services  for
alcoholism  or  alcohol abuse, substance abuse, substance dependence, or
chemical abuse or dependence shall [have  endorsed  thereon  or  annexed
thereto]  INCLUDE  A CERTIFICATION THAT the approval of the commissioner
of the state office of alcoholism and substance abuse  services  OF  THE
PURPOSES HAS BEEN OBTAINED.
  S  6.  Paragraph (a) of section 806 of the business corporation law is
amended to read as follows:
  (a) The department of state shall not file a certificate of  amendment
reviving the existence of a corporation unless THE CERTIFICATE OF AMEND-
MENT  INCLUDES A CERTIFICATION THAT the consent of the state tax commis-
sion to the revival [is delivered to the department] HAS BEEN  OBTAINED.
If  the  name  of  the  corporation being revived is not available under
section 301 (Corporate name; general) for  use  by  a  corporation  then
being  formed  under  this  chapter,  the certificate of amendment shall
change the name to one which is available for such use.
  S 7. Paragraph (a) of section 1003 of the business corporation law  is
amended by adding two new subparagraphs 6 and 7 to read as follows:
  (6)  A  CERTIFICATION  THAT  CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE DISSOLUTION HAS BEEN OBTAINED.
  (7) WITH RESPECT TO ANY CORPORATION THAT HAS DONE BUSINESS IN THE CITY
OF NEW YORK AND INCURRED LIABILITY FOR ANY TAX OR CHARGE  UNDER  CHAPTER
SIX,  SEVEN, EIGHT, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN, TWENTY-ONE,
TWENTY-FOUR, TWENTY-FIVE OR TWENTY-SEVEN OF TITLE ELEVEN OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, A CERTIFICATION  THAT  CONSENT  OF
THE  COMMISSIONER  OF FINANCE OF THE CITY OF NEW YORK TO THE DISSOLUTION
HAS BEEN OBTAINED.
  S 8. Paragraph (a) of section 1004 of the business corporation law, as
amended by chapter 201 of the laws  of  2009,  is  amended  to  read  as
follows:
  (a) [The department shall not file such certificate unless the consent
of  the  state  department of taxation and finance to the dissolution is
attached thereto.] Upon [such] filing SUCH CERTIFICATE, the  corporation
is dissolved.
  S  9. Paragraph (b) of section 1004 of the business corporation law is
REPEALED.
  S 10. Subparagraph 8 of paragraph (a) of section 1304 of the  business
corporation  law,  as  amended by chapter 684 of the laws of 1963 and as

S. 2608--A                         43                         A. 3008--A

renumbered by chapter 590 of the laws of 1982, is  amended  to  read  as
follows:
  (8)  A statement that the foreign corporation has not since its incor-
poration or since the date its authority to do business  in  this  state
was  last  surrendered, engaged in any activity in this state, except as
set forth in paragraph (b) of section  1301  (Authorization  of  foreign
corporations),  or  in  lieu thereof A CERTIFICATION THAT the consent of
the state tax commission  to  the  filing  of  the  application[,  which
consent shall be attached thereto] HAS BEEN OBTAINED.
  S 11. Paragraph (a) of section 1310 of the business corporation law is
amended by adding a new subparagraph 7 to read as follows:
  (7)  A  CERTIFICATION  THAT  CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE SURRENDER OF AUTHORITY HAS BEEN OBTAINED.
  S 12. Paragraph (b) of section 1310 of the business corporation law is
REPEALED, and paragraphs (c) and (d) are relettered (b) and (c).
  S 13. Section 216 of the education law, as amended by chapter  901  of
the  laws  of 1972, and the closing paragraph as added by chapter 316 of
the laws of 2005, is amended to read as follows:
  S 216. Charters. Under such name, with  such  number  of  trustees  or
other managers, and with such powers, privileges and duties, and subject
to  such limitations and restrictions in all respects as the regents may
prescribe in conformity to law, they may, by an instrument  under  their
seal  and recorded in their office, incorporate any university, college,
academy, library, museum, or other institution or  association  for  the
promotion  of  science,  literature, art, history or other department of
knowledge, or  of  education  in  any  way,  associations  of  teachers,
students,  graduates of educational institutions, and other associations
whose approved purposes are, in whole or  in  part,  of  educational  or
cultural  value  deemed  worthy  of recognition and encouragement by the
university. No institution or association which might be incorporated by
the regents under this chapter shall, without their consent, be incorpo-
rated under any other general law. An institution or  association  which
might  be  incorporated  by the regents under this chapter may, with the
consent of the commissioner of education, be formed under  the  business
corporation  law  or  pursuant  to the not-for-profit corporation law if
[such consent of the commissioner  of  education  is  attached  to]  its
certificate  of  incorporation  INCLUDES A CERTIFICATION THAT CONSENT OF
THE COMMISSIONER OF EDUCATION TO THE INCORPORATION OF  SUCH  INSTITUTION
OR  ASSOCIATION HAS BEEN OBTAINED.  No individual, association, partner-
ship, company or corporation not authorized by special charter from  the
legislature  of  this  state or by charter from the regents to operate a
museum, or arboretum shall knowingly use, advertise or transact business
under the names "museum," or "arboretum," or any name, title or descrip-
tive material indicating or tending to imply that said individual, asso-
ciation, partnership, company or corporation conducts, carries on, or is
such a business when it is not, or that it is authorized to  operate  as
such,  unless  the right to do so has been granted by the regents or the
commissioner in writing. Any violation of  this  paragraph  shall  be  a
misdemeanor.  Notwithstanding  any  other  provision of this section, an
individual, association, partnership, company or corporation doing busi-
ness under any of such names on the effective date of this paragraph may
come into compliance with this paragraph by  obtaining  consent  of  the
regents or the commissioner within one year of such effective date.
  S  14.  Paragraph  (c)  of subdivision 2 of section 130 of the general
business law, as amended by chapter 316 of the laws of 2005, is  amended
to read as follows:

S. 2608--A                         44                         A. 3008--A

  (c)  No  corporation, limited partnership or limited liability company
shall use or file a certificate for the use of any name  or  designation
to carry on or conduct or transact business in this state which consists
of  or  includes  a  word  or  words  the  use of which is prohibited or
restricted  by  subparagraphs  three  through eleven of paragraph (a) of
section three hundred one of the business corporation  law  or  subpara-
graphs  three through nine of paragraph (a) of section three hundred one
and paragraph (w) of section four hundred  four  of  the  not-for-profit
corporation  law,  or  paragraph  three  of  subdivision  (a) of section
121-102 of the partnership law,  or  subdivisions  (d)  through  (i)  of
section  two  hundred four of the limited liability company law, respec-
tively, [without having obtained any necessary] UNLESS SUCH  CERTIFICATE
INCLUDES  A  CERTIFICATION  THAT  SUCH consents or approvals which would
permit the use of the word or words  pursuant  to  such  laws  HAS  BEEN
OBTAINED, OR WHERE REQUIRED BY STATUTE, SUCH CERTIFICATE HAS CONSENTS OR
APPROVALS ENDORSED THEREON OR ARE ANNEXED THERETO.
  S  15.  Subdivision  11 of section 130 of the general business law, as
added by chapter 316 of the laws of 2005, is amended to read as follows:
  11. Notwithstanding any other provision of this section, an  education
corporation  may  not  file  a  certificate  under this section with the
secretary of state, unless SUCH  CERTIFICATE  INCLUDES  A  CERTIFICATION
THAT  the  consent  of  the  board of regents [is endorsed on or annexed
thereto] HAS BEEN OBTAINED.  Nothing in this subdivision  shall  invali-
date  a  certificate lawfully filed by an education corporation pursuant
to this section prior to the effective date of this subdivision.
  S 16. Subdivision (f) of section 204 of the limited liability  company
law,  as  amended by chapter 155 of the laws of 2012, is amended to read
as follows:
  (f) shall not contain the following words, or any abbreviation
or derivative thereof:
            acceptance                    guaranty
            annuity                       indemnity
            assurance                     insurance
            attorney                      investment
            bank                          lawyer
            benefit                       loan
            bond                          mortgage
            casualty                      savings
            doctor                        surety
            endowment                     title
            fidelity                      trust
            finance                       underwriter
unless the [approval of the  superintendent  of  financial  services  is
attached  to  the] articles of organization INCLUDE A CERTIFICATION THAT
APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES HAS  BEEN  OBTAINED
or unless the word "doctor" or "lawyer" or an abbreviation or derivative
thereof  is  used in a context that clearly denotes a purpose other than
the practice of law or medicine;
  S 17. Subdivisions (g) and (i) of section 204 of the limited liability
company law, subdivision (i) as added by chapter  316  of  the  laws  of
2005, are amended to read as follows:
  (g)  shall not, unless [the approval of the state department of social
services is attached to] the articles of organization or application for
authority INCLUDE A CERTIFICATION THAT THE APPROVAL OF THE STATE DEPART-
MENT OF SOCIAL SERVICES HAS BEEN OBTAINED, contain the word  "blind"  or
"handicapped." Such approval shall be granted by the state department of

S. 2608--A                         45                         A. 3008--A

social  services  if in its opinion the word "blind" or "handicapped" as
used in the limited liability company's proposed name will not  tend  to
mislead  or confuse the public into believing that the limited liability
company is organized for charitable or nonprofit purposes related to the
blind or the handicapped; and
  (i)  shall not, UNLESS THE ARTICLES OF ORGANIZATION OR APPLICATION FOR
AUTHORITY INCLUDE A CERTIFICATION THAT THE CONSENT OF  THE  COMMISSIONER
OF  EDUCATION  HAS BEEN OBTAINED, contain the following terms: "school,"
"education," "elementary," "secondary,"  "kindergarten,"  "prekindergar-
ten,"  "preschool," "nursery school," "museum," "history," "historical,"
"historical society," "arboretum," "library," "college," "university" or
other term restricted by section two hundred twenty-four of  the  educa-
tion  law; "conservatory," "academy," or "institute" or any abbreviation
or derivative of such terms[, shall have  endorsed  thereon  or  annexed
thereto the consent of the commissioner of education].
  S  18.  Section 209 of the limited liability company law is amended to
read as follows:
  S 209. Filing with the department  of  state.  A  signed  articles  of
organization  and  any  signed certificate of amendment or other certif-
icates filed pursuant to this chapter  or  of  any  judicial  decree  of
amendment or cancellation shall be delivered to the department of state.
If  the  instrument  that  is  delivered  to the department of state for
filing complies as to form with the requirements of law and  the  filing
fee  required  by  any statute of this state in connection therewith has
been paid, the instrument shall be filed and indexed by  the  department
of  state.  The  department  of  state shall not review such articles or
certificates for legal sufficiency;  its  review  shall  be  limited  to
determining that the form has been completed. UPON THE WRITTEN NOTIFICA-
TION  TO  THE  DEPARTMENT  OF  STATE  BY ANY STATE OFFICIAL, DEPARTMENT,
BOARD, AGENCY OR OTHER BODY THAT A DOMESTIC LIMITED LIABILITY COMPANY OR
FOREIGN AUTHORIZED LIMITED LIABILITY COMPANY HAS FAILED  TO  OBTAIN  THE
CONSENT OR APPROVAL OF SUCH STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY OR
OTHER  BODY  FOR  ANY  CERTIFICATE  OR INSTRUMENT, THE LIMITED LIABILITY
COMPANY'S AUTHORITY TO CARRY ON, CONDUCT OR TRANSACT  BUSINESS  IN  THIS
STATE  SHALL  BE  SUSPENDED.  SUCH SUSPENSION SHALL BE ANNULLED UPON THE
FILING OF A CERTIFICATE  OF  AMENDMENT  WITH  THE  REQUIRED  CONSENT  OR
APPROVAL ANNEXED THERETO.
  S  19. Clause (B) of subparagraph 5 of paragraph (a) of section 301 of
the not-for-profit corporation law, as amended by  chapter  155  of  the
laws of 2012, is amended to read as follows:
  (B)  Shall not contain any of the following words, or any abbreviation
or derivative thereof:

acceptance             fidelity               mortgage

annuity                finance                savings

assurance              guaranty               surety

bank                   indemnity              title

bond                   insurance              trust

casualty               investment             underwriter

doctor                 lawyer

S. 2608--A                         46                         A. 3008--A

endowment              loan

unless  [the  approval  of  the  superintendent of financial services is
attached to]  the  certificate  of  incorporation,  or  application  for
authority  or  amendment  thereof[;]  INCLUDES  A CERTIFICATION THAT THE
APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES HAS BEEN  OBTAINED,
or  [that]  UNLESS  the word "doctor", OR "lawyer", or the phrase "state
police" or "state trooper" or an  abbreviation  or  derivation  thereof,
[may  be]  IS  used  ONLY in the name of a corporation the membership of
which is composed exclusively of doctors, lawyers,  state  policemen  or
state troopers, respectively.
  S 20. Section 404 of the not-for-profit corporation law, as amended by
chapter  139  of the laws of 1993, paragraph (b) as amended by section 4
of part D of chapter 58 of the laws of 2006, paragraphs (c), (k) and (l)
as further amended by section 104 of part A of chapter 62 of the laws of
2011, paragraphs (a), (c), (d), (e), (f), (g), (h), (i), (j), (k),  (l),
(m), (n) and (r) as relettered by chapter 431 of the laws of 1993, para-
graph  (g)  as  separately  amended  by chapter 201 of the laws of 1993,
paragraphs (o), (p) and (t) as amended by section 79 of part A of  chap-
ter  58  of the laws of 2010, paragraph (q) as amended by chapter 198 of
the laws of 2010, paragraph (u) as amended by chapter 558 of the laws of
1999, paragraph (v) as added by chapter 598 of the laws of 2000  and  as
further  amended  by  section 104 of part A of chapter 62 of the laws of
2011, paragraph (w) as amended by chapter 316 of the laws  of  2005,  is
amended to read as follows:
S 404. Approvals and consents.
  (a)  Every  certificate  of  incorporation  which  includes  among its
purposes the formation of a trade or  business  association  shall  have
endorsed thereon or annexed thereto the consent of the attorney-general.
  (b)  (1)  Every  certificate of incorporation which includes among its
purposes the care of  destitute,  delinquent,  abandoned,  neglected  or
dependent  children;  the  establishment  or operation of any adult care
facility, or the establishment or operation of a residential program for
victims of domestic violence as defined in subdivision four  of  section
four hundred fifty-nine-a of the social services law, or the placing-out
or  boarding-out of children or a home or shelter for unmarried mothers,
excepting the establishment or maintenance of  a  hospital  or  facility
providing  health-related services as those terms are defined in article
twenty-eight of the public health law and a facility for which an  oper-
ating  certificate is required by articles sixteen, nineteen, twenty-two
and thirty-one of  the  mental  hygiene  law;  or  the  solicitation  of
contributions  for  any  such  purpose or purposes, shall [have endorsed
thereon or annexed thereto] INCLUDE A CERTIFICATION THAT the approval of
the commissioner of the office of children and family services, or  with
respect  to any adult care facility, the commissioner of health, OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (2) A corporation whose statement of  purposes  specifically  includes
the  establishment or operation of a child day care center, as that term
is defined in section three hundred ninety of the social  services  law,
shall provide a certified copy of the certificate of incorporation, each
amendment  thereto,  and  any  certificate  of  merger, consolidation or
dissolution involving such corporation to the  office  of  children  and
family services within thirty days after the filing of such certificate,
amendment,  merger,  consolidation or dissolution with the department of
state. This requirement shall also  apply  to  any  foreign  corporation
filing  an application for authority under section thirteen hundred four

S. 2608--A                         47                         A. 3008--A

of this chapter, any amendments thereto, and any surrender of  authority
or termination of authority in this state of such corporation.
  (c)  Every  certificate  of  incorporation  which  includes  among the
purposes of the corporation, the establishment, maintenance  and  opera-
tion  of  a  hospital  service  or a health service or a medical expense
indemnity plan or a dental expense indemnity plan as permitted in  arti-
cle  forty-three  of  the insurance law, shall [have endorsed thereon or
annexed thereto] INCLUDE A CERTIFICATION THAT the approval of the super-
intendent of financial services and the commissioner of health  OF  SUCH
PURPOSE HAS BEEN OBTAINED.
  (d)  Every  certificate  of incorporation which includes a purpose for
which a corporation might be chartered by the regents of the  university
of  the State of New York shall [have endorsed thereon or annexed there-
to] INCLUDE A CERTIFICATION THAT the  consent  of  the  commissioner  of
education TO SUCH PURPOSE HAS BEEN OBTAINED.
  (e)  Every  certificate  of  incorporation  of a cemetery corporation,
except those within the exclusionary provisions of section  1503  (Ceme-
tery  corporations)  shall  [have  endorsed  thereon or annexed thereto]
INCLUDE A CERTIFICATION THAT the approval of the cemetery board OF  SUCH
PURPOSE HAS BEEN OBTAINED.
  (f)  Every  certificate  of  incorporation of a fire corporation shall
[have endorsed thereon or annexed thereto] INCLUDE A CERTIFICATION  THAT
the  approval, signed and acknowledged, of the authorities of each city,
village, town or fire district in which the corporation proposes to act,
OF SUCH PURPOSE HAS BEEN OBTAINED. Such authorities shall be: in a city,
the mayor; in a village, a majority of the trustees; in a town, a major-
ity of the members of the town board; in a fire district, a majority  of
the  fire commissioners. The members of the town board of a town, or the
trustees of a village, shall not consent to  the  formation  of  a  fire
corporation as hereinbefore provided, until such board shall have held a
public  hearing  on  the  question of whether the fire company should be
incorporated. The notice shall be published at least once in  each  week
for  two  successive  weeks  in  the official newspaper published in the
county in which such fire corporation intends to locate,  prior  to  the
regular meeting of such board designated by the chairman of the board to
consider  the matter. Such notice shall contain the name of the proposed
company, the names of the persons signing the  certificate  of  incorpo-
ration, a brief description of the territory to be protected by the fire
company  and that all persons interested shall be heard. If no newspaper
is published in the county the publication of the notice shall be  in  a
newspaper in an adjoining county selected by the chairman of such board.
All  expenses  in connection with such publication shall be borne by the
parties making the application and paid before the hearing.
  (g) Every certificate of incorporation of a corporation for prevention
of cruelty to animals shall [have endorsed thereon or  annexed  thereto]
INCLUDE  A  CERTIFICATION  THAT the approval of the American Society for
the Prevention of Cruelty to Animals OF SUCH PURPOSE HAS BEEN  OBTAINED,
or, if such approval be withheld thirty days after application therefor,
a  certified  copy  of an order of a justice of the supreme court of the
judicial district in which the  office  of  the  corporation  is  to  be
located,  dispensing with such approval, granted upon eight days' notice
to such society.
  (h) Every certificate of incorporation  of  a  Young  Men's  Christian
Association  shall  [have endorsed thereon or annexed thereto] INCLUDE A
CERTIFICATION THAT the approval of the chairman of the national board of
Young Men's Christian Associations OF SUCH PURPOSE HAS BEEN OBTAINED.

S. 2608--A                         48                         A. 3008--A

  (i) Every  certificate  of  incorporation  which  indicates  that  the
proposed  corporation  is  to solicit funds for or otherwise benefit the
armed forces of the United States or of any foreign  country,  or  their
auxiliaries, or of this or any other state or any territory, shall [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
approval of the chief of staff OF SUCH PURPOSE HAS BEEN OBTAINED.
  (j) Every  certificate  of  incorporation  which  includes  among  its
purposes  the  organization of wage-earners for their mutual betterment,
protection and advancement; the regulation of hours  of  labor,  working
conditions,  or wages; or the performance, rendition or sale of services
as labor consultant, labor-management advisor,  negotiator,  arbitrator,
or  specialist; and every certificate of incorporation in which the name
of the proposed corporation  includes  "union",  "labor",  "council"  or
"industrial  organization", or any abbreviation or derivative thereof in
a context that indicates or implies that the corporation is  formed  for
any of the above purposes, shall [have endorsed thereon or annexed ther-
eto]  INCLUDE  A CERTIFICATION THAT the approval of the industrial board
of appeals OF SUCH PURPOSE HAS BEEN OBTAINED. The board shall make  such
inquiry  into  the purposes of the proposed corporation as it shall deem
advisable and shall order a hearing if necessary to determine whether or
not such purposes are in all respects consistent with public policy  and
the labor law. Notice of the time and place of hearing shall be given to
the applicants and such other persons as the board may determine.
  (k)  Every certificate of incorporation for a corporation which has as
its exclusive purpose the promotion of the  interests  of  savings  bank
life insurance or the promotion of the interests of member banks may, if
the  CERTIFICATE  INCLUDES  A  CERTIFICATION THAT approval of the super-
intendent of financial services [is endorsed thereon or annexed thereto]
HAS BEEN OBTAINED, use as a part of the corporate name any of the  words
or  phrases,  or  any  abbreviation  or derivative thereof, set forth in
subparagraph (5) of paragraph (a) of section 301 (Corporate name; gener-
al).
  (l) Every certificate of incorporation for a corporation which has  as
its  exclusive purpose the creation of an association of licensed insur-
ance agents, licensed insurance brokers, or  licensed  insurance  under-
writers  and  every  application  for authority of a foreign corporation
which is an independent laboratory engaged in testing for public safety,
or which has as its purpose the advancement of corporate,  governmental,
and  institutional  risk  and  insurance management, or which has as its
exclusive purpose the creation of an association of  insurers,  each  of
which  is  duly  licensed in this state or, if it does no business or is
not licensed in this state, is duly licensed in another state or foreign
jurisdiction may, if  the  CERTIFICATE  INCLUDES  A  CERTIFICATION  THAT
approval of the superintendent of financial services [is endorsed there-
on or annexed thereto] HAS BEEN OBTAINED, use as a part of the corporate
name  any  of  the  words  or phrases, or any abbreviation or derivative
thereof, set forth in subparagraph (5) of paragraph (a) of  section  301
(Corporate name; general).
  (m)  Every  certificate  of  incorporation  in  which  the name of the
proposed corporation includes the name of a political party shall  [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
consent of the chairman of the county committee of such political  party
of  the  county  in which the office of the corporation is to be located
HAS BEEN OBTAINED, except in cases where the supreme  court  finds  that
the withholding of such consent of the county chairman is unreasonable.

S. 2608--A                         49                         A. 3008--A

  (n)  Every  certificate  of  incorporation  in  which  the name of the
proposed corporation includes the words "American Legion,"  shall  [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
approval of the Department  of  New  York,  the  American  Legion,  duly
acknowledged by its commander or adjutant HAS BEEN OBTAINED.
  (o) Every certificate of incorporation which includes among its corpo-
rate  purposes  or powers the establishment or maintenance of any hospi-
tal, as defined in article twenty-eight of the public health law, or the
solicitation of contributions for any such purpose, or  purposes,  shall
[have  endorsed thereon or annexed thereto] INCLUDE A CERTIFICATION THAT
the approval of the public health and health planning  council  OF  SUCH
PURPOSE HAS BEEN OBTAINED.
  (p)  Every  certificate  of  incorporation of a medical corporation as
defined in article forty-four of the public  health  law  and  organized
pursuant  thereto  and  pursuant  to  this chapter, shall [have endorsed
thereon or annexed thereto] INCLUDE A CERTIFICATION THAT the consent  of
the  commissioner of health TO and the approval of the public health and
health planning council OF SUCH PURPOSE HAS BEEN OBTAINED.
  (q) Every certificate of incorporation which includes among its corpo-
rate purposes or powers the establishment, or operation  of  a  facility
for  which  an  operating  certificate  from  the commissioner of mental
health is required by article thirty-one of the mental hygiene  law,  or
the  solicitation  of  contributions  for  any such purpose, shall [have
endorsed thereon or annexed thereto] INCLUDE A  CERTIFICATION  THAT  the
approval  of  the commissioner of mental health OF SUCH PURPOSE HAS BEEN
OBTAINED.
  (r) Every certificate of incorporation of a health maintenance  organ-
ization  as  defined  in article forty-four of the public health law and
organized pursuant thereto and pursuant to  this  chapter,  shall  [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
consent of the commissioner of health TO SUCH PURPOSE HAS BEEN OBTAINED.
  (t) Every  certificate  of  incorporation  which  includes  among  its
purposes  and  powers  the establishment or maintenance of a hospital or
facility providing health related services, as those terms  are  defined
in article twenty-eight of the public health law, or the solicitation of
contributions  for  any  such  purpose  or two or more of such purposes,
shall [have endorsed thereon] INCLUDE A CERTIFICATION THAT the  approval
of  the  public  health  and health planning council OF SUCH PURPOSE HAS
BEEN OBTAINED.
  (u) Every  certificate  of  incorporation  which  includes  among  the
purposes  of  the  corporation,  the  establishment  or  operation  of a
substance abuse, substance dependence,  alcohol  abuse,  alcoholism,  or
chemical  abuse  or  dependence program, or the solicitation of contrib-
utions for any such purpose, shall [have  endorsed  thereon  or  annexed
thereto] INCLUDE A CERTIFICATION THAT the consent of the commissioner of
the  office  of alcoholism and substance abuse services to its filing by
the department of state TO SUCH PURPOSE HAS BEEN OBTAINED.
  (v) Every  certificate  of  incorporation  which  includes  among  the
purposes  of  the corporation, the establishment, maintenance and opera-
tion of a nonprofit property/casualty  insurance  company,  pursuant  to
article  sixty-seven  of the insurance law, shall [have endorsed thereon
or annexed thereto] INCLUDE A CERTIFICATION THAT  the  approval  of  the
superintendent of financial services OF SUCH PURPOSE HAS BEEN OBTAINED.
  (w)  Every  certificate  of  incorporation  in  which  the name of the
proposed corporation includes the terms: "school," "education," "elemen-
tary,"  "secondary,"  "kindergarten,"  "prekindergarten,"   "preschool,"

S. 2608--A                         50                         A. 3008--A

"nursery  school," "museum," "history," "historical," "historical socie-
ty," "arboretum,"  "library,"  "college,"  "university"  or  other  term
restricted  by  section  two  hundred  twenty-four of the education law;
"conservatory," "academy," or "institute," or any abbreviation or deriv-
ative  of  such  terms, shall [have endorsed thereon or annexed thereto]
INCLUDE A CERTIFICATION THAT the consent of the commissioner  of  educa-
tion HAS BEEN OBTAINED.
  S  21.  Paragraphs  (a)  and  (b) of section 804 of the not-for-profit
corporation law, as amended by chapter 139 of the laws of 1993, subpara-
graph (i) of paragraph (a) as amended by chapter  198  of  the  laws  of
2010, are amended to read as follows:
  (a) (i) A certificate of amendment shall not be filed if the amendment
adds,  changes or eliminates a purpose, power or provision the inclusion
of which in a certificate of incorporation requires consent or  approval
of a governmental body or officer or any other person or body, or if the
amendment  changes the name of a corporation whose certificate of incor-
poration had such consent or approval endorsed thereon or annexed there-
to, unless such consent  or  approval  is  no  longer  required,  or  AS
REQUIRED  BY STATUTE, SUCH CONSENT OR APPROVAL is endorsed on or annexed
to OR the certificate of amendment INCLUDES A  CERTIFICATION  THAT  SUCH
CONSENT OR APPROVAL HAS BEEN OBTAINED.
  (ii)  Every  certificate  of amendment of a corporation [classified as
type B or type C under section 201 (Purposes)] FORMED FOR  THE  PURPOSES
SPECIFIED  IN  SUBPARAGRAPH TWO OR THREE OF PARAGRAPH (B) OF SECTION 201
(PURPOSES) which seeks to change or eliminate a purpose or power enumer-
ated in the corporation's certificate of  incorporation,  or  to  add  a
power or purpose not enumerated therein, shall [have endorsed thereon or
annexed  thereto] INCLUDE A CERTIFICATION THAT the approval of a justice
of the supreme court of the judicial district in which the office of the
corporation is located HAS BEEN OBTAINED.  Ten days' written  notice  of
the  application for such approval shall be given to the attorney-gener-
al.
  (b) The department of state shall not file a certificate of  amendment
reviving  the existence of a corporation unless THE CERTIFICATE INCLUDES
A CERTIFICATION THAT the REQUIRED consent or approval of a  governmental
body  or officer or any other person or body [required to be endorsed on
or annexed to the certificate of incorporation of a  corporation  formed
for  similar  purposes,  is  attached thereto] HAS BEEN OBTAINED, or, if
notice to the attorney-general was required prior to the filing  of  its
certificate  of incorporation, the certificate of amendment should indi-
cate that such notice has been given as required by law.
  S 22. Section 909 of the not-for-profit corporation law, as amended by
section 6 of part D of chapter 58 of the laws of  2006,  is  amended  to
read as follows:
S 909. Consent to filing.
  If  the  purposes of any constituent or consolidated corporation would
require the approval or consent of any governmental body or  officer  or
any  other  person or body under section 404 (Approvals and consents) no
certificate of merger or consolidation shall be filed pursuant  to  this
article  unless  THE  CERTIFICATE  INCLUDES  A  CERTIFICATION  THAT such
approval OF or consent [is endorsed thereon or annexed thereto] TO  SUCH
PURPOSE HAS BEEN OBTAINED OR WHERE REQUIRED BY STATUTE, SUCH APPROVAL OR
CONSENT  IS  ENDORSED  THEREON OR ANNEXED THERETO.   A corporation whose
statement of purposes specifically includes the establishment or  opera-
tion  of  a  child  day  care center, as that term is defined in section
three hundred ninety of the social services law, shall provide a  certi-

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fied  copy  of any certificate of merger or consolidation involving such
corporation to the office of children and family services within  thirty
days  after  the filing of such merger or consolidation with the depart-
ment of state.
  S  23. Paragraph (a) of section 1003 of the not-for-profit corporation
law is amended by adding two new  subparagraphs  8  and  9  to  read  as
follows:
  (8) A CERTIFICATION THAT THE CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE DISSOLUTION HAS BEEN OBTAINED.
  (9) WITH RESPECT TO ANY CORPORATION THAT HAS DONE BUSINESS IN THE CITY
OF  NEW  YORK AND INCURRED LIABILITY FOR ANY TAX OR CHARGE UNDER CHAPTER
SIX, SEVEN, EIGHT, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN,  TWENTY-ONE,
TWENTY-FOUR, TWENTY-FIVE OR TWENTY-SEVEN OF TITLE ELEVEN OF THE ADMINIS-
TRATIVE  CODE  OF  THE CITY OF NEW YORK, A CERTIFICATION THAT CONSENT OF
THE COMMISSIONER OF FINANCE OF THE CITY OF NEW YORK TO  THE  DISSOLUTION
HAS BEEN OBTAINED.
  S  24. Paragraph (a) of section 1004 of the not-for-profit corporation
law, as amended by chapter 201 of the laws of 2009, is amended  to  read
as follows:
  (a)  [The  department of state shall not file a certificate of dissol-
ution unless the consent of the state department of taxation and finance
to the dissolution is attached thereto.] Upon  filing  the  certificate,
the corporation is dissolved.
  S  25. Paragraph (b) of section 1004 of the not-for-profit corporation
law is REPEALED.
  S 26. Subparagraph 8 of paragraph (a) and  paragraph  (c)  of  section
1304  of the not-for-profit corporation law, subparagraph 8 of paragraph
(a) as renumbered by chapter 590 of the laws of  1982,  are  amended  to
read as follows:
  (8) A statement that the foreign corporation has not, since its incor-
poration  or  since the date its authority to conduct activities in this
state was last surrendered, done any act in this state,  except  as  set
forth  in paragraph (b) of section 1301 (Authorization of foreign corpo-
rations); or in lieu of such statement A CERTIFICATION THAT the  consent
of  the  state tax commission to the filing of the application [shall be
attached thereto] HAS BEEN OBTAINED.
  (c) If the application for authority sets forth any purpose or  activ-
ity  for  which  a  domestic  corporation  could be formed only with the
consent or approval of any governmental body or officer, or other person
or body under section 404 (Approvals  and  consents),  such  APPLICATION
SHALL  INCLUDE A CERTIFICATION THAT THE consent TO or approval [shall be
endorsed thereon or annexed thereto] OF SUCH PURPOSE HAS BEEN  OBTAINED,
OR WHERE REQUIRED BY STATUTE, SUCH APPROVAL OR CONSENT IS ENDORSED THER-
EON OR ANNEXED THERETO.
  S  27. Paragraph (c) of section 1309 of the not-for-profit corporation
law, as added by chapter 961 of the laws of 1972, is amended to read  as
follows:
  (c)  A certificate of amendment of application for authority shall not
be filed, if the amendment adds, changes or eliminates a purpose,  power
or  provision  the  inclusion  of  which in an application for authority
requires consent or approval of any  governmental  body  or  officer  or
other  person  or body, or if the amendment changes the name of a corpo-
ration whose application for authority  had  such  consent  or  approval
endorsed  thereon  or  annexed thereto, unless such AMENDMENT INCLUDES A
CERTIFICATION THAT SUCH consent  TO  or  approval  [is  endorsed  on  or
annexed  to  the  certificate of amendment] of application for authority

S. 2608--A                         52                         A. 3008--A

HAS BEEN OBTAINED, OR  WHERE  REQUIRED  BY  STATUTE,  SUCH  APPROVAL  OR
CONSENT IS ENDORSED THEREON OR ANNEXED THERETO.
  S  28. Paragraph (a) of section 1311 of the not-for-profit corporation
law is amended by adding a new paragraph 7 to read as follows:
  (7) A CERTIFICATION THAT CONSENT OF THE  DEPARTMENT  OF  TAXATION  AND
FINANCE TO THE SURRENDER OF AUTHORITY HAS BEEN OBTAINED.
  S  29. Paragraph (c) of section 1311 of the not-for-profit corporation
law is REPEALED and paragraph (d) is relettered paragraph (c).
  S 30. Paragraph (b) of section 1505  of  the  not-for-profit  law,  as
added by chapter 871 of the laws of 1977, is amended to read as follows:
  (b)    Cemetery board endorsement.  Every certificate of incorporation
of  a  cemetery  corporation,  except  those  within  the   exclusionary
provisions of section fifteen hundred three, shall [have endorsed there-
on  or annexed thereto] INCLUDE A CERTIFICATION THAT the approval of the
cemetery board as required in subdivision (e) of  section  four  hundred
four of this chapter HAS BEEN OBTAINED.
  S  31.  Subparagraphs (A) and (B) of paragraph 3 of subdivision (a) of
section 121-102 of the partnership law, subparagraph (A) as  amended  by
chapter  316 of the laws of 2005, subparagraph (B) as amended by chapter
155 of the laws of 2012, are amended to read as follows:
  (A) may not contain the  following  phrases  or  any  abbreviation  or
derivative thereof:
          board of trade                state trooper
          chamber of commerce           tenant relocation
          community renewal             urban development
          state police                  urban relocation
  Every  certificate  of  limited  partnership  in which the name of the
proposed limited partnership includes the terms: "school,"  "education,"
"elementary,"     "secondary,"     "kindergarten,"    "prekindergarten,"
"preschool,"  "nursery  school,"  "museum,"   "history,"   "historical,"
"historical society," "arboretum," "library," "college," "university" or
other  term  restricted by section two hundred twenty-four of the educa-
tion law; "conservatory," "academy," or "institute," or any abbreviation
or derivative of such terms, shall [have  endorsed  thereon  or  annexed
thereto] INCLUDE A CERTIFICATION THAT the consent of the commissioner of
education HAS BEEN OBTAINED.
  (B) may not contain the following words, or any abbreviation or deriv-
ative thereof:
          acceptance                    indemnity
          annuity                       insurance
          assurance                     investment
          bank                          lawyer
          benefit                       loan
          bond                          mortgage
          casualty                      savings
          doctor                        surety
          endowment                     title
          fidelity                      trust
          finance                       underwriter
          guaranty
unless  the  [approval  of  the  superintendent of financial services is
attached to the] certificate of limited partnership INCLUDES  A  CERTIF-
ICATION  THAT  THE  APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES
HAS BEEN OBTAINED; or unless the word "doctor" or "lawyer" or an  abbre-
viation or derivative thereof is used in a context which clearly denotes
a purpose other than the practice of law or medicine.

S. 2608--A                         53                         A. 3008--A

  S  32.  Subparagraph  (C) of paragraph 3 of subdivision (a) of section
121-102 of the partnership law, as added by chapter 264 of the  laws  of
1991, is amended to read as follows:
  (C)  shall not, unless [the approval of the state department of social
services is attached to]  the  certificate  of  limited  partnership  or
application  for authority or amendment thereof INCLUDES A CERTIFICATION
THAT THE APPROVAL OF THE STATE DEPARTMENT OF SOCIAL  SERVICES  HAS  BEEN
OBTAINED, contain the word "blind" or "handicapped". Such approval shall
be  granted by the state department of social services if in its opinion
the word "blind" or "handicapped" as used  in  the  limited  partnership
name  proposed  will  not  tend  to  mislead  or confuse the public into
believing that the limited partnership is organized  for  charitable  or
nonprofit purposes related to the blind or the handicapped.
  S  33. Section 121-206 of the partnership law, as added by chapter 950
of the laws of 1990, is amended to read as follows:
  S 121-206. Filing with the department of state. A  signed  certificate
of limited partnership and any signed certificates of amendment or other
certificates filed pursuant to this article or of any judicial decree of
amendment or cancellation shall be delivered to the department of state.
If  the  instrument  which  is  delivered to the department of state for
filing complies as to form with the requirements of law and  the  filing
fee  required  by  any statute of this state in connection therewith has
been paid, the instrument shall be filed and indexed by  the  department
of  state.  UPON  THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF STATE BY
ANY STATE OFFICIAL, DEPARTMENT, BOARD,  AGENCY  OR  OTHER  BODY  THAT  A
DOMESTIC  LIMITED  PARTNERSHIP OR FOREIGN AUTHORIZED LIMITED PARTNERSHIP
HAS FAILED TO OBTAIN THE CONSENT OR APPROVAL  OF  SUCH  STATE  OFFICIAL,
DEPARTMENT,  BOARD,  AGENCY OR OTHER BODY FOR ANY CERTIFICATE OR INSTRU-
MENT, THE LIMITED PARTNERSHIP'S AUTHORITY TO CARRY ON, CONDUCT OR TRANS-
ACT BUSINESS IN THIS STATE SHALL BE SUSPENDED. SUCH SUSPENSION SHALL  BE
ANNULLED UPON THE FILING OF A CERTIFICATE OF AMENDMENT WITH THE REQUIRED
CONSENT OR APPROVAL ANNEXED THERETO.
  S  34.  Section  14  of the private housing finance law, as amended by
chapter 544 of the laws of 1961, is amended to read as follows:
  S 14. Consent of commissioner  to  incorporation.  Whenever  any  such
certificate  shall  be  presented  to  the  secretary of state, [he] THE
SECRETARY shall not file such certificate unless [there shall  accompany
the  same a] THE CERTIFICATE INCLUDES A CERTIFICATION THAT A certificate
of the commissioner that he consents to the filing of  such  certificate
HAS  BEEN OBTAINED; nor shall any amendment to the certificate of incor-
poration be filed unless it [is accompanied by] INCLUDES A CERTIFICATION
THAT a certificate of  the  commissioner  consenting  thereto  HAS  BEEN
OBTAINED.  If  a company has entered into a contract with a municipality
for the construction of a municipally aided  project,  the  commissioner
shall  not issue a certificate consenting to an amendment of the certif-
icate of incorporation of such company, unless  the  supervising  agency
has given its written consent to such amendment.
  S 35. Subdivision 5 of section 573 of the private housing finance law,
as  amended  by  chapter  410 of the laws of 1984, is amended to read as
follows:
  5. The secretary of state shall not file the certificate  of  incorpo-
ration  of  any  such  corporation  or  any amendment thereto unless THE
CERTIFICATE INCLUDES A CERTIFICATION THAT the consent or approval of the
commissioner or the supervising agency, as the case may be, [is  affixed
thereon or attached thereto] HAS BEEN OBTAINED. Consent to the filing of
such  certificate  of  incorporation shall be based upon findings by the

S. 2608--A                         54                         A. 3008--A

commissioner or supervising agency as to the character and competence of
the sponsor.
  S  36.  Subdivision  1  of section 2801-a of the public health law, as
amended by section 57 of part A of chapter 58 of the laws  of  2010,  is
amended to read as follows:
  1.  No  hospital,  as  defined  in  this article, shall be established
except with the written approval of the public health and  health  plan-
ning  council.  No certificate of incorporation of a business membership
or not-for-profit corporation shall hereafter be  filed  which  includes
among its corporate purposes or powers the establishment or operation of
any  hospital,  as  defined  in  this  article,  or  the solicitation of
contributions for any such purpose, or two or  more  of  such  purposes,
except  with  the written approval of the public health and health plan-
ning council, and when otherwise required by law of  a  justice  of  the
supreme  court,  [endorsed on or annexed to] the certificate of incorpo-
ration INCLUDES A CERTIFICATION THAT  SUCH  WRITTEN  APPROVAL  HAS  BEEN
OBTAINED.  No  articles  of  organization of a limited liability company
established pursuant to the New York limited liability company law which
includes among its powers or purposes the establishment or operation  of
any hospital as defined in this article, shall be filed with the depart-
ment  of state except [upon] WHEN THE ARTICLES OF ORGANIZATION INCLUDE A
CERTIFICATION THAT the approval of the public health and health planning
council HAS BEEN OBTAINED.
  S 37. Section 41 of the transportation corporations law, as amended by
chapter 782 of the laws of 1969, is amended to read as follows:
  S 41. Municipal consent to incorporation. No certificate  of  incorpo-
ration  of  a  water-works  corporation  shall be filed unless [there be
annexed thereto a] THE CERTIFICATE INCLUDES A CERTIFICATION THAT consent
to the formation of the corporation,  signed  and  acknowledged  by  the
local  authorities  of  each  municipality named in such certificate HAS
BEEN OBTAINED.  Such authorities shall be:  in a city, a majority of the
members of the board or body having charge of the water  supply,  or  if
there  be  no such board or body, a majority of the members of the local
legislative body; in a village, a majority of the members of  the  board
of  trustees; in a town outside of a village, the town superintendent of
highways and a majority of the members of the town board.  Such  consent
to  the  formation of the corporation shall not be granted by said local
authorities until ten days prior notice in writing  of  the  application
for such consent and until an engineering plan for proposed water system
specifying  location  and  size  and  type of wells, pumps, distribution
mains and other facilities  of  the  water  supply  and/or  distribution
system is furnished by the water works corporation to the local authori-
ties and to the county water authority, and to the county water district
if  there  be  such authority or district where the proposed corporation
seeks to operate; and until said authority or district has  reported  in
writing  to  the  municipality named in the certificate of incorporation
its recommendations as to whether or not such consent should be granted,
setting forth the reasons for such recommendation and a  finding  as  to
whether  the proposed water supply and/or distribution system is reason-
ably comparable to standards of a county-wide water system and  suitable
for eventual integration with such county-wide water system. Said report
shall  be  filed with such municipality on or before the tenth day after
the giving of the notice aforesaid.
  S 38. Subdivision 1 of section 116 of the transportation  corporations
law,  as  amended by chapter 828 of the laws of 1970, is amended to read
as follows:

S. 2608--A                         55                         A. 3008--A

  1. No certificate of incorporation of a sewage-works corporation shall
be filed unless [there be annexed thereto] THE  CERTIFICATE  INCLUDES  A
CERTIFICATION THAT a certificate or certificates duly executed in behalf
of  the local governing bodies of the city, town or village, as the case
may be, in which any part of a sewer system provided by such corporation
is situate and, in the county of Suffolk, an additional certificate duly
executed  in behalf of the county sewer agency, consenting to the forma-
tion of the corporation for the area described in such  certificate  HAS
BEEN OBTAINED.
  S  39.  This  act shall take effect immediately; provided however that
section twenty-three of this act shall take effect on the  sixtieth  day
after it shall have become a law.

                                SUBPART C

  Section  1.  Paragraph  (a) of section 602 of the business corporation
law is amended to read as follows:
  (a) Meetings of shareholders may be held  at  such  place,  within  or
without  this  state, as may be fixed by or under the by-laws, or if not
so fixed, at the office of the corporation in this  state.    EXCEPT  AS
PROVIDED  IN  THE  BY-LAWS, SHAREHOLDERS MAY PARTICIPATE IN A MEETING BY
MEANS OF CONFERENCE TELEPHONE OR  SIMILAR  COMMUNICATIONS  EQUIPMENT  BY
MEANS  OF  WHICH  ALL PERSONS PARTICIPATING IN THE MEETING CAN HEAR EACH
OTHER. SUCH PARTICIPATION SHALL CONSTITUTE PRESENCE  IN  PERSON  AT  THE
MEETING.
  S 2. Paragraph (b) of section 402 of the limited liability company law
is amended to read as follows:
  (b) Except as provided in the operating agreement, any member may vote
in person [or], by proxy, OR BY ELECTRONIC MEANS.
  S  3.  Paragraphs  (a)  and  (c)  of section 603 of the not-for-profit
corporation law, paragraph (c) as amended by chapter 961 of the laws  of
1972, are amended to read as follows:
  (a)  Meetings  of members may be held at such place, within or without
this state, as may be fixed by or under the by-laws or, if not so fixed,
at the office of the corporation in this state.  EXCEPT AS  PROVIDED  IN
THE BY-LAWS, MEMBERS MAY PARTICIPATE IN A MEETING BY MEANS OF CONFERENCE
TELEPHONE  OR  SIMILAR  COMMUNICATIONS  EQUIPMENT  BY MEANS OF WHICH ALL
PERSONS PARTICIPATING IN THE MEETING CAN HEAR EACH OTHER.  SUCH  PARTIC-
IPATION SHALL CONSTITUTE PRESENCE IN PERSON AT THE MEETING.
  (c)  Special meetings of the members may be called by the board and by
such person or persons as may be authorized by the certificate of incor-
poration or the by-laws.  In any case, such meetings may be convened  by
the  members  entitled to cast ten per cent of the total number of votes
entitled to be cast at such meeting, who may,  in  writing,  demand  the
call  of  a special meeting specifying the date and month thereof, which
shall not be less than two nor more than three months from the  date  of
such written demand. The secretary of the corporation upon receiving the
written  demand  shall  promptly  give  notice of such meeting, or if he
fails to do so within five business days thereafter, any member  signing
such demand may give such notice. The meeting shall be held at the place
fixed  in  the  by-laws or, if not so fixed, at the office of the corpo-
ration.  EXCEPT AS PROVIDED IN THE BY-LAWS, MEMBERS MAY PARTICIPATE IN A
MEETING BY MEANS  OF  CONFERENCE  TELEPHONE  OR  SIMILAR  COMMUNICATIONS
EQUIPMENT BY MEANS OF WHICH ALL PERSONS PARTICIPATING IN THE MEETING CAN
HEAR  EACH OTHER. SUCH PARTICIPATION SHALL CONSTITUTE PRESENCE IN PERSON
AT THE MEETING.

S. 2608--A                         56                         A. 3008--A

  S 4. Paragraph (b) of section 121-405 of the partnership law, as added
by chapter 950 of the laws of 1990, is amended to read as follows:
  (b)  A  partnership  agreement  may  set  forth provisions relating to
notice of the time, place or purpose of any meeting at which any  matter
is  to  be  voted on by any general partners, waiver of any such notice,
action by consent without a meeting, the establishment of a record date,
quorum requirements, voting in person [or], by proxy, OR  BY  ELECTRONIC
MEANS or any other matter with respect to the exercise of any such right
to vote.
  S 5. This act shall take effect immediately.

                                SUBPART D

  Section  1. Section 401 of the business corporation law, as amended by
chapter 900 of the laws of 1974, is amended to read as follows:
S 401. Incorporators.
  One or more natural persons [of the age of] AT  LEAST  eighteen  years
[or  over]  OF  AGE  OR  ANY  PARTNERSHIP, LIMITED LIABILITY COMPANY, OR
CORPORATION, SINGLY OR JOINTLY WITH OTHERS, may act as incorporators  of
a corporation to be formed under this chapter.
  S  2. Subdivisions (a) and (b) of section 203 of the limited liability
company law, subdivision (a) as amended by chapter 470 of  the  laws  of
1997, is amended to read as follows:
  (a)  One or more NATURAL persons AT LEAST EIGHTEEN YEARS OF AGE OR ANY
PARTNERSHIP, LIMITED LIABILITY COMPANY, SINGLY OR JOINTLY  WITH  OTHERS,
may act as an organizer or organizers to form a limited liability compa-
ny by (i) preparing the articles of organization of such limited liabil-
ity  company  in  accordance  with subdivision (e) of this section, (ii)
executing such articles of organization in accordance with  section  two
hundred  seven  of this article and (iii) filing such articles, entitled
"Articles of organization of...  (name  of  limited  liability  company)
under  section  two hundred three of the Limited Liability Company Law,"
in accordance with section two hundred nine of this article.
  (b) An organizer may, but need not be, a member of the limited liabil-
ity company that he [or], she OR IT forms.
  S 3. Section 401 of the not-for-profit corporation law, as amended  by
chapter 901 of the laws of 1974, is amended to read as follows:
S 401. Incorporators.
  One  or  more  natural  persons  at least eighteen years of age OR ANY
PARTNERSHIP, LIMITED LIABILITY COMPANY, OR CORPORATION, SINGLY OR JOINT-
LY WITH OTHERS, may act as incorporators of a corporation to  be  formed
under this chapter.
  S 4. This act shall take effect immediately.

                                SUBPART E

  Section  1.  Section 19 of the general associations law, as amended by
chapter 166 of the laws of 1991, is amended to read as follows:
  S 19. Service of process. Service of process  against  an  association
upon  the  secretary  of state shall be made by personally delivering to
and leaving with [him] THE SECRETARY OF STATE or a deputy [secretary  of
state  or  an  associate  attorney,  senior  attorney or attorney in the
corporation division of the department of  state,  duplicate  copies  of
such  process],  OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE
TO RECEIVE SUCH SERVICE at the office of the department of state in  the
city of Albany, DUPLICATE COPIES OF SUCH PROCESS TOGETHER WITH THE STAT-

S. 2608--A                         57                         A. 3008--A

UTORY  FEE,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT.  [At the time of
such service the plaintiff shall pay a  fee  of  forty  dollars  to  the
secretary of state which shall be a taxable disbursement. If the cost of
registered  mail for transmitting a copy of the process shall exceed two
dollars, an additional fee equal to such excess shall  be  paid  at  the
time  of  the  service  of  such  process.] The secretary of state shall
[forthwith] PROMPTLY send by  CERTIFIED  registered  mail  one  of  such
copies  OF SUCH PROCESS to the association at the address fixed for that
purpose, as herein provided. If the action or proceeding  is  instituted
in  a  court  of limited jurisdiction, service of process may be made in
the manner provided in this section if the cause of action arose  within
the  territorial jurisdiction of the court and the office of the defend-
ant, as set forth in its statement filed pursuant to section eighteen of
this chapter, is within such territorial jurisdiction.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through E of this act  shall
be as specifically set forth in the last section of such Subparts.
  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 Q of this act shall be
as specifically set forth in the last section of such Parts.

S2608B - Bill Details

See Assembly Version of this Bill:
A3008D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2608B - Bill Texts

view summary

Authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2013-2014 (Part A); relates to the statewide transmission tax and amends part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof (Part B); imposes driver's license sanctions (Part C); relates to the hours of operation of the department of motor vehicles; and provides for the repeal of such provisions upon expiration thereof (Part D); relates to enforcement assistance; and repeals section 357-a of the public authorities law relating to payment by the New York state thruway authority for services provided by the division of state police (Part E); establishes the "Cleaner, Greener NY Act of 2013"; repeals section 27-1017 of the environmental conservation law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part F); relates to mandatory tire acceptance (Part G); amends chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, in relation to the effectiveness thereof (Part H); to amend chapter 58 of the laws of 2012 amending the public authorities law, relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to extending certain authority of the dormitory authority of the state of New York and directing the dormitory authority to report on a design and construction management agreement between such authority and the department of environmental conservation and/or the office of parks, recreation and historic preservation (Part I); authorizes and directs the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part K); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part L); authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part M); amends chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part P); relates to the issuance of hunting and fishing licenses; amends part AA of chapter 60 of the laws of 2011, amending the environmental conservation law relating to saltwater recreational fishing registrations, in relation to making the provisions of such part permanent; and repeals certain provisions of such law relating thereto (Part R); amends the agriculture and markets law and the public authorities law, in relation to alternate generated power sources at retail gasoline outlets (Part S); requires the New York state energy research and development authority to develop recommendations regarding the establishment of microgrids (Part T); relates to the use of ultra low sulfur diesel fuel and best available technology by the state (Part U); relates to airport improvement and revitalization grants and loans (Part V).

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

    S. 2608--B                                            A. 3008--B

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

                            January 22, 2013
                               ___________

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

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

AN ACT to authorize funding for the Consolidated Local Street and  High-
  way  Improvement  Program  (CHIPS)  and  Marchiselli program for state
  fiscal year 2013-2014 (Part A); to amend the tax law, in  relation  to
  the  statewide  transmission  tax  (Part  B); to amend the vehicle and
  traffic law, in relation to imposing drivers license  sanctions  (Part
  C);  to amend the vehicle and traffic law, in relation to the hours of
  operation of the department of motor vehicles (Part D); to  amend  the
  public  authorities law, in relation to enforcement assistance; and to
  repeal section 357-a of such law relating to payment by the  New  York
  state thruway authority for services provided by the division of state
  police  (Part  E); to amend the environmental conservation law and the
  state finance law, in relation to establishing the  "Cleaner,  Greener
  NY  Act  of  2013"; and repealing section 27-1017 of the environmental
  conservation law relating thereto (Part F); to amend the environmental
  conservation law, in relation to waste tire management  and  recycling
  fees  (Part G); to amend chapter 393 of the laws of 1994, amending the
  New York state urban development  corporation  act,  relating  to  the
  powers  of  the  New  York state urban development corporation to make
  loans, in relation to the effectiveness thereof  (Part  H);  to  amend
  chapter  58  of  the  laws of 2012 amending the public authorities law
  relating to authorizing the dormitory authority to enter into  certain
  design  and construction management agreements, in relation to extend-
  ing certain authority of the dormitory authority of the state  of  New
  York (Part I); Intentionally omitted (Part J); to authorize and direct

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12573-03-3

S. 2608--B                          2                         A. 3008--B

  the New York state energy research and development authority to make a
  payment  to  the general fund of up to $913,000 (Part K); to authorize
  the New York  state  energy  research  and  development  authority  to
  finance  a  portion of its research, development and demonstration and
  policy and planning programs from  assessments  on  gas  and  electric
  corporations  (Part  L);  to  authorize  the  department  of health to
  finance certain activities with revenues generated from an  assessment
  on  cable  television  companies (Part M); to amend the public service
  law, in relation to extending the temporary state energy  and  utility
  conservation  assessment; and to amend section 6 of part NN of chapter
  59 of the laws of 2009 amending the public  service  law  relating  to
  financing  the  operations  of  the  department of public service, the
  public service commission, department support  and  energy  management
  services  provided  by  other  state  agencies, increasing the utility
  assessment cap and the minimum threshold  for  collection  thereunder,
  and  establishing a temporary state energy and utility service conser-
  vation  assessment  and  providing  for  the  collection  thereof,  in
  relation to extending the effectiveness thereof (Part N); to amend the
  public  service  law,  in  relation to strengthening the oversight and
  enforcement mechanisms of the Public Service Commission; to amend  the
  general  business  law,  in  relation  to  expanding the definition of
  underground facilities and increasing fines for violations relating to
  the protection  of  underground  facilities;  and  to  repeal  certain
  provisions  of  the  public  service law relating thereto (Part O); to
  amend chapter 21 of the laws  of  2003,  amending  the  executive  law
  relating  to  permitting  the  secretary  of  state to provide special
  handling for all documents filed or issued by the division  of  corpo-
  rations  and to permit additional levels of such expedited service, in
  relation to extending the expiration date thereof (Part P);  to  amend
  the  banking  law, the cooperative corporations law, the general busi-
  ness law, and the  not-for-profit  corporation  law,  in  relation  to
  facilitating  an  online  corporate filing system by removing the type
  classification  system  for  not-for-profit  corporations;  to  repeal
  certain provisions of the not-for-profit corporation law and the reli-
  gious  corporations  law,  relating  thereto (Subpart A); to amend the
  business corporation law, the education law, the general business law,
  the limited liability company law, the not-for-profit corporation law,
  the partnership law, the  private  housing  finance  law,  the  public
  health  law  and  the  transportation corporations law, in relation to
  facilitating online filing by authorizing self-certification by filers
  with regard to required consents; to repeal certain provisions of  the
  business  corporation  law  and  the  not-for-profit  corporation law,
  relating thereto (Subpart B); to amend the business  corporation  law,
  the  limited liability company law, the not-for-profit corporation law
  and the partnership law, in relation to authorizing electronic attend-
  ance at meetings (Subpart C); to amend the business  corporation  law,
  the  limited  liability company law and the not-for-profit corporation
  law, in relation to who may act as an  incorporator  (Subpart  D);  to
  amend  the  general  associations  law, in relation to serving process
  upon the secretary of state as agent (Subpart E) (Part  Q);  to  amend
  the  environmental  conservation  law,  in relation to the issuance of
  hunting and fishing licenses; to amend part AA of chapter  60  of  the
  laws  of 2011, amending the environmental conservation law relating to
  saltwater recreational fishing registrations, in  relation  to  making
  the   provisions  of  such  part  permanent;  and  to  repeal  certain
  provisions of such law relating thereto (Part R);  and  to  amend  the

S. 2608--B                          3                         A. 3008--B

  agriculture  and  markets  law  and  the  public  authorities  law, in
  relation to alternate  generated  power  sources  at  retail  gasoline
  outlets (Part S)

  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 2013-2014
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through S. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. The sum of four hundred two million seven  hundred  ninety-
seven  thousand  dollars  ($402,797,000), or so much thereof as shall be
necessary, and in addition to amounts previously appropriated by law, is
hereby made available, in accordance with subdivision 1 of  section  380
of  the  public  authorities  law as amended, according to the following
schedule. Payments pursuant to subdivision (a) of this section shall  be
made  available  as  moneys become available for such payments. Payments
pursuant to subdivisions (b) and (c)  of  this  section  shall  be  made
available on the fifteenth day of June, September, December and March or
as  soon  thereafter  as  moneys  become available for such payments. No
moneys of the state in the state treasury or any of its funds  shall  be
available for payments pursuant to this section:
                                SCHEDULE
  (a)  Thirty-nine  million seven hundred thousand dollars ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the laws of 1991, as added by section 9 of chapter 330 of  the  laws  of
1991,  as  amended.  The department of transportation shall provide such
information to the municipalities as may be necessary  to  maintain  the
federal  tax  exempt  status  of  any bonds, notes, or other obligations
issued by such municipalities to provide for the  non-federal  share  of
the  cost  of  projects  pursuant  to chapter 330 of the laws of 1991 or
section 80-b of the highway law.
  The program authorized pursuant to section 15 of chapter  329  of  the
laws  of 1991, as added by section 9 of chapter 330 of the laws of 1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year     Amount
                    2013-14               $39,700,000
  (b)  Three  hundred  four  million  three  hundred  thousand   dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of  eligible  costs  of  local  highway  and bridge projects pursuant to
sections 16 and 16-a of chapter 329 of the laws of  1991,  as  added  by
section  9  of  chapter  330  of  the  laws of 1991, as amended. For the

S. 2608--B                          4                         A. 3008--B

purposes of computing allocations to municipalities, the amount distrib-
uted pursuant to section 16 of chapter 329 of the laws of 1991 shall  be
deemed  to  be  $121,520,000. The amount distributed pursuant to section
16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
$182,780,000. Notwithstanding the provisions of any general  or  special
law,  the  amounts  deemed  distributed in accordance with section 16 of
chapter 329 of the laws of 1991 shall be adjusted so that  such  amounts
will  not  be less than 83.807 percent of the "funding level" as defined
in subdivision 5 of section 10-c of the highway law for each such  muni-
cipality.  In  order  to achieve the objectives of section 16 of chapter
329 of the laws of 1991, to the extent necessary, the amounts in  excess
of  83.807 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced  in  equal  propor-
tion.
  (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible  costs  of
local  highway  and  bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing  allocations
to  municipalities,  the  amount  distributed  pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be  $23,480,000.  The
amount  distributed  pursuant to section 16-a of chapter 329 of the laws
of  1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding   the
provisions of any general or special law, the amounts deemed distributed
in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 16.193 percent of
the "funding level" as defined in subdivision 5 of section 10-c  of  the
highway  law  for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
necessary,  the amounts in excess of 16.193 percent of the funding level
to be deemed distributed to each  municipality  under  this  subdivision
shall  be  reduced  in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000,
the payment amounts to each locality shall  be  adjusted  by  a  uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991,  as  amended,  shall  additionally make payments for reimbursement
according to the following schedule:
                    State Fiscal Year     Amount
                    2013-14               $363,097,000
  S 2. This act shall take effect immediately.

                                 PART B

  Section 1. Subdivision 3 of section 205 of the tax law,  as  added  by
section  8  of  part U1 of chapter 62 of the laws of 2003, is amended to
read as follows:
  3. [From the] THE moneys collected from the taxes imposed by  sections
one  hundred eighty-three and one hundred eighty-four of this article on
and after April first, two thousand  [four]  THIRTEEN,  after  reserving
amounts  for refunds or reimbursements, SHALL BE DISTRIBUTED AS FOLLOWS:
twenty percent of such moneys shall be deposited to the  credit  of  the
dedicated  highway  and bridge trust fund established by section eighty-
nine-b of the state finance law[. The remainder], FIFTY-FOUR PERCENT  OF
SUCH  MONEYS  shall  be  deposited  in the mass transportation operating

S. 2608--B                          5                         A. 3008--B

assistance fund to the credit of the  metropolitan  mass  transportation
operating  assistance account created pursuant to section eighty-eight-a
of the state finance law AND TWENTY-SIX PERCENT OF SUCH MONEYS SHALL  BE
DEPOSITED  IN  THE  MASS TRANSPORTATION OPERATING ASSISTANCE FUND TO THE
CREDIT OF THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT
CREATED PURSUANT TO SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner  as  the expiration and repeal of subdivision 3 of section 205 of
the tax law per section 2 of part P of chapter 59 of the laws  of  2012,
as  amended;  provided, however, that the amendments to subdivision 3 of
section 205 of the tax law made by section one of  this  act  shall  not
affect the repeal of such subdivision and shall be deemed repealed ther-
ewith.

                                 PART C

  Section  1.  Paragraph  (a)  of  subdivision 4 of section 510-a of the
vehicle and traffic law, as amended by section 14 of part E  of  chapter
60 of the laws of 2005, is amended to read as follows:
  (a)  A  serious  traffic  violation  shall mean operating a commercial
motor vehicle IN  VIOLATION  OF  A  STATE  OR  LOCAL  LAW  OR  ORDINANCE
RESTRICTING  OR PROHIBITING THE USE OF A HAND-HELD MOBILE TELEPHONE OR A
PORTABLE  ELECTRONIC  DEVICE  WHILE  DRIVING  OR  in  violation  of  any
provision  of  this chapter or the laws of any other state, the District
of Columbia or any Canadian province which (i) limits the speed of motor
vehicles, provided the violation involved fifteen or more miles per hour
over the established speed limit; (ii) is defined as reckless driving by
state or local law or regulation; (iii) prohibits  improper  or  erratic
lane  change; (iv) prohibits following too closely; (v) relates to motor
vehicle traffic (other than parking, standing  or  stopping)  and  which
arises  in connection with a fatal accident; (vi) operating a commercial
motor vehicle without first obtaining a commercial driver's  license  as
required  by  section  five hundred one of this title; (vii) operating a
commercial motor vehicle without a commercial driver's  license  in  the
driver's  possession;  or  (viii)  operating  a commercial motor vehicle
without the proper class of commercial driver's license and/or  endorse-
ment  for  the  specific vehicle being operated or for the passengers or
type of cargo being transported.
  S 2. Paragraphs (c) and (e) of subdivision 1 of section 1225-c of  the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended to read as follows:
  (c)  "Using" shall mean holding a mobile telephone to, or in the imme-
diate proximity of, the user's ear, DIALING OR ANSWERING A MOBILE  TELE-
PHONE  BY  PRESSING  MORE THAN A SINGLE BUTTON, OR REACHING FOR A MOBILE
TELEPHONE IN A MANNER THAT REQUIRES A DRIVER TO MANEUVER  SO  THAT  SUCH
DRIVER IS NO LONGER IN A SEATED POSITION, RESTRAINED BY A SEAT BELT THAT
IS INSTALLED IN ACCORDANCE WITH 49 CFR 393.93 AND ADJUSTED IN ACCORDANCE
WITH THE VEHICLE MANUFACTURER'S INSTRUCTIONS.
  (e)  "Hands-free  mobile telephone" shall mean a mobile telephone that
has an internal feature or function, or that is equipped with an attach-
ment or addition, whether or not permanently part of such  mobile  tele-
phone, by which a user engages in a call without the use of either hand,
whether  or not the use of either hand is necessary to activate, deacti-
vate or initiate a function of such telephone, PROVIDED, HOWEVER, THAT A
TELEPHONE THAT REQUIRES DIALING OR ANSWERING SUCH TELEPHONE BY  PRESSING

S. 2608--B                          6                         A. 3008--B

MORE THAN A SINGLE BUTTON SHALL NOT CONSTITUTE A HANDS-FREE MOBILE TELE-
PHONE.
  S  3. Paragraphs (a) and (b) of subdivision 2 of section 1225-c of the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended and a new paragraph (d) is added to read as follows:
  (a) Except as otherwise provided in  this  section,  no  person  shall
operate a motor vehicle upon a public highway while using a mobile tele-
phone  to  engage  in  a call while such vehicle is in motion, PROVIDED,
HOWEVER, NO PERSON SHALL OPERATE A COMMERCIAL MOTOR VEHICLE, AS  DEFINED
IN  SUBDIVISION  FOUR-A  OF SECTION TWO OF THE TRANSPORTATION LAW, WHILE
USING A MOBILE TELEPHONE ON A PUBLIC HIGHWAY, INCLUDING WHILE  TEMPORAR-
ILY  STATIONARY  BECAUSE  OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER
MOMENTARY DELAYS. THE OPERATOR OF A COMMERCIAL MOTOR VEHICLE MAY  USE  A
MOBILE  TELEPHONE  WHEN  SUCH OPERATOR HAS MOVED THE VEHICLE TO THE SIDE
OF, OR OFF, A HIGHWAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN
REMAIN STATIONARY UNLESS STOPPING IS PROHIBITED BY LAW, RULES AND  REGU-
LATIONS OR BY A DIRECTIVE OF LAW ENFORCEMENT.
  (b)  An operator of [a] ANY motor vehicle who holds a mobile telephone
to, or in the immediate proximity of his or her ear while  such  vehicle
is  in motion is presumed to be engaging in a call within the meaning of
this section, PROVIDED, HOWEVER, THAT AN OPERATOR OF A COMMERCIAL  MOTOR
VEHICLE  WHO  HOLDS A MOBILE TELEPHONE TO, OR IN THE IMMEDIATE PROXIMITY
OF HIS OR HER EAR WHILE SUCH VEHICLE IS TEMPORARILY  STATIONARY  BECAUSE
OF  TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS IS ALSO
PRESUMED TO BE ENGAGING IN A CALL WITHIN THE MEANING  OF  THIS  SECTION.
The  presumption  established  by  this  subdivision  is  rebuttable  by
evidence tending to show that the operator was not engaged in a call.
  (D) NO MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN  OF  SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A HAND-HELD MOBILE TELEPHONE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S  4.  Subdivision 1 of section 1225-d of the vehicle and traffic law,
as added by chapter 403 of the laws of  2009,  is  amended  to  read  as
follows:
  1. Except as otherwise provided in this section, no person shall oper-
ate  a  motor  vehicle  while using any portable electronic device while
such vehicle is in motion, PROVIDED, HOWEVER, NO PERSON SHALL OPERATE  A
COMMERCIAL  MOTOR  VEHICLE,  AS DEFINED IN SUBDIVISION FOUR-A OF SECTION
TWO OF THE TRANSPORTATION LAW, WHILE USING A PORTABLE ELECTRONIC  DEVICE
ON  A  PUBLIC HIGHWAY, INCLUDING WHILE TEMPORARILY STATIONARY BECAUSE OF
TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS. THE OPERA-
TOR OF A COMMERCIAL MOTOR VEHICLE MAY USE A PORTABLE  ELECTRONIC  DEVICE
WHEN SUCH OPERATOR HAS MOVED THE VEHICLE TO THE SIDE OF, OR OFF, A HIGH-
WAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN REMAIN STATIONARY
UNLESS  STOPPING  IS  PROHIBITED  BY LAW, RULES, AND REGULATIONS OR BY A
DIRECTIVE OF LAW ENFORCEMENT.
  S 5. Section 1225-d of the vehicle  and  traffic  law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A.  NO MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A PORTABLE ELECTRONIC DEVICE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S 6. Paragraphs (a) and (b) of subdivision 2 of section 1225-d of  the
vehicle  and  traffic  law, as added by chapter 403 of the laws of 2009,
are amended to read as follows:
  (a) "Portable electronic device" shall mean any hand-held mobile tele-
phone, as defined by subdivision one of section twelve  hundred  twenty-
five-c  of  this  article,  personal  digital  assistant (PDA), handheld

S. 2608--B                          7                         A. 3008--B

device with  mobile  data  access,  laptop  computer,  pager,  broadband
personal  communication  device,  two-way  messaging  device, electronic
game, or portable computing device OR ANY OTHER DEVICE  USED  TO  INPUT,
WRITE, SEND, RECEIVE OR READ TEXT.
  (b)  "Using"  shall  mean  holding  a portable electronic device while
viewing, taking or transmitting images, INSTANT MESSAGING, PERFORMING  A
COMMAND  OR  REQUEST  TO ACCESS A WORLD WIDE WEB PAGE, playing games, or
composing, sending, reading, viewing, accessing, browsing, transmitting,
saving or retrieving e-mail, text messages, or other electronic data.
  S 7. This act shall take effect October 28, 2013 and  shall  apply  to
violations committed on or after such date.

                                 PART D

  Section  1.  Subdivision  1  of section 200 of the vehicle and traffic
law, as amended by chapter 60 of the laws of 1993, is amended to read as
follows:
  1. There shall be in the state government a department of motor  vehi-
cles.    The  head  of the department shall be the commissioner of motor
vehicles who shall be appointed by the governor, by and with the  advice
and  consent of the senate, and hold office until the end of the term of
the appointing governor and until a successor is appointed and has qual-
ified, and who shall receive an annual salary within the  amount  appro-
priated  therefor.  The  commissioner  of  motor vehicles shall have the
immediate charge of the department. The commissioner of  motor  vehicles
may  appoint, and at pleasure remove, such deputy commissioners of motor
vehicles, inspectors, examiners and other assistants  and  employees  of
the  department  as  are  deemed necessary, within the amounts available
therefor by appropriation. The commissioner of motor  vehicles  and  all
other officers and employees of the department shall be paid and allowed
their necessary, actual and reasonable expenses incurred in the exercise
of  their  duties.  All salaries and expenses of the department shall be
paid out of the state treasury on the audit and  warrant  of  the  comp-
troller  on  the  certificate of the commissioner of motor vehicles. The
principal office of the department shall  be  in  the  city  of  Albany.
NOTWITHSTANDING  THE PROVISIONS OF SECTION SIXTY-TWO OF THE PUBLIC OFFI-
CERS LAW, THE COMMISSIONER  OF  MOTOR  VEHICLES  MAY  DESIGNATE  CERTAIN
BRANCH  OFFICES  OF  THE  DEPARTMENT  TO BE OPEN TO SERVE THE PUBLIC AND
TRANSACT BUSINESS ON SATURDAYS.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Section 357-a of public authorities law is REPEALED  and  a
new section 357-a is added to read as follows:
  S  357-A. STATE POLICE AND STATE PAYMENT FOR SERVICES.  1. ENFORCEMENT
ASSISTANCE SHALL BE PROVIDED BY THE DIVISION OF STATE POLICE AT A  LEVEL
CONSISTENT WITH HISTORICAL PRECEDENTS, AS A MATTER OF STATE INTEREST, ON
ALL  SECTIONS  OF  THE  THRUWAY.  THE  AUTHORITY SHALL PROVIDE GOODS AND
SERVICES TO THE DIVISION OF STATE POLICE IN CONNECTION WITH ITS ENFORCE-
MENT ACTIVITY ON THE THRUWAY. THE  DIVISION  OF  STATE  POLICE  AND  THE
AUTHORITY  SHALL  ENTER  INTO  AN  AGREEMENT IDENTIFYING THOSE GOODS AND
SERVICES THAT THE AUTHORITY WILL PROVIDE TO THE DIVISION OF STATE POLICE
AND DETERMINE REPORTING AND  OTHER  REQUIREMENTS  RELATED  THERETO.  ANY
COSTS  BORNE  BY THE STATE POLICE OUTSIDE OF SUCH AGREEMENT SHALL NOT BE

S. 2608--B                          8                         A. 3008--B

REIMBURSED BY THE AUTHORITY NOR  SHALL  THEY  BE  DEEMED  COSTS  OF  THE
AUTHORITY.
  2.  THE  STATE  SHALL BE RESPONSIBLE FOR ADDITIONAL GOODS AND SERVICES
PROVIDED BY THE AUTHORITY EQUAL TO TWENTY-FOUR MILLION DOLLARS  IN  EACH
CALENDAR  YEAR.  SUCH  GOODS AND SERVICES SHALL BE DEEMED TO BE COSTS TO
THE STATE AND NOT OPERATING COSTS OF THE AUTHORITY.  THE  AUTHORITY  AND
THE DIRECTOR OF THE DIVISION OF THE BUDGET SHALL ENTER INTO AN AGREEMENT
IDENTIFYING  ANY  SUCH  STATE  COSTS  AND  DETERMINE REPORTING AND OTHER
REQUIREMENTS RELATED THERETO.
  3. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE  AUTHORITY  SHALL  NOT
CONSTITUTE  A  PUBLIC  BENEFIT CORPORATION WITHIN THE MEANING OF SECTION
TWENTY-NINE HUNDRED SEVENTY-FIVE  OF  THIS  CHAPTER  AND  SHALL  NOT  BE
ASSESSED AN ANNUAL COST RECOVERY CHARGE UNDER SAID SECTION.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2013.

                                 PART F

  Section 1. This act shall be known and may be cited as  the  "Cleaner,
Greener NY act of 2013."
  S 2. Subdivision 2-a of section 27-1003 of the environmental conserva-
tion  law, as added by section 3 of part SS of chapter 59 of the laws of
2009, is amended to read as follows:
  2-a. "Bottler" means a person, firm or corporation who:
  a. bottles, cans or otherwise packages beverages in beverage  contain-
ers  except  that  if  such  packaging  is for [a distributor] ANY OTHER
PERSON, FIRM OR CORPORATION having the right to bottle, can or otherwise
package the same  brand  of  beverage,  then  such  [distributor]  OTHER
PERSON, FIRM OR CORPORATION shall be the bottler; or
  b. imports filled beverage containers into the United States.
  S  3.  Subdivisions  2, 3, 4, 5, 7, 8 and 11 of section 27-1007 of the
environmental conservation law, as added by section  4  of  part  SS  of
chapter 59 of the laws of 2009, are amended to read as follows:
  2.  A dealer shall post a conspicuous sign, at the point of sale, that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

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

YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK  STATE  RETURNABLE  CONTAINER
ACT:
  THE  RIGHT  to  return your empties for refund to any dealer who sells
the same brand, type and size, whether you bought the beverage from  the
dealer  or  not. It is illegal to return containers for refund [that you
did not pay] ON WHICH a deposit WAS NEVER PAID in New York state.
  THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
purchase.
  THE  RIGHT  to  return  your empties any day, any hour, except for the
first and last hour of the dealer's business day (empty  containers  may
be redeemed at any time in 24-hour stores).
  THE  RIGHT  to  return  your  containers if they are REASONABLY CLEAN,
empty and intact.  [Washing containers is not required by  law,  but  is
strongly recommended to maintain sanitary conditions.]
  The New York state returnable container act can be enforced by the New
York  state department of environmental conservation, the New York state

S. 2608--B                          9                         A. 3008--B

department of agriculture and markets, the New York state department  of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such  sign must be no less than eight inches by ten inches in size and
have lettering a minimum of one quarter inch high, and of a color  which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
violations  of  this  title. The telephone number shall be listed on any
sign required by this section.
  3. [On or after June first, two thousand nine, a] A dealer WHOSE PLACE
OF BUSINESS IS LESS THAN TEN THOUSAND SQUARE FEET IN SIZE may limit  the
number of empty beverage containers to be accepted for redemption at the
dealer's  place  of  business to no less than seventy-two containers per
visit, per redeemer, per day, provided that:
  (a) The dealer has a written agreement with a redemption center, be it
either at a fixed physical location within the same  county  and  within
ONE  AND  one-half  mile  of the dealer's place of business, or a mobile
redemption center, operated by a  redemption  center,  that  is  located
within  [one-quarter]  ONE  mile  of the dealer's place of business. The
redemption center must have a  written  agreement  with  the  dealer  to
accept  containers  on behalf of the dealer; and the redemption center's
hours of operation must cover at least 9:00 a.m. through 7:00 p.m. daily
or in the case of a mobile redemption center,  the  hours  of  operation
must  cover  at  least four consecutive hours between 8:00 a.m. and 8:00
p.m.  daily. The dealer must post a conspicuous, permanent sign, meeting
the size and color specifications set forth in subdivision two  of  this
section,  open  to  public  view,  identifying the location and hours of
operation of the  affiliated  redemption  center  or  mobile  redemption
center; [and] OR
  (b)  The  dealer provides, at a minimum, a consecutive two hour period
between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept  up
to  two  hundred  forty  containers,  per redeemer, per day, and posts a
conspicuous, permanent sign, meeting the size and  color  specifications
set forth in subdivision two of this section, open to public view, iden-
tifying  those  hours. The dealer may not change the hours of redemption
without first posting a thirty day notice[; and
  (c) The dealer's primary business is the sale of food or beverages for
consumption off-premises, and the dealer's place  of  business  is  less
than ten thousand square feet in size].
  4.  A  deposit  initiator  shall accept from a dealer or operator of a
redemption center any empty beverage container  of  the  design,  shape,
size,  color,  composition  and  brand  sold  or offered for sale by the
deposit initiator, PROVIDED  SUCH  CONTAINERS  ARE  PROPERLY  SORTED  AS
DETERMINED  IN RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER and
shall pay the dealer or operator of a redemption center the refund value
of each such beverage container as established  by  section  27-1005  of
this  title.  A deposit initiator shall accept and redeem all such empty
beverage containers from a dealer or redemption center  without  limita-
tion on quantity.
  5.  A  deposit  initiator's  or distributor's failure to pick up empty
beverage containers[, including containers processed in a reverse  vend-
ing  machine,]  from  a  redemption  center, dealer or the operator of a
reverse vending machine, shall be a violation of this title.
  7. A deposit initiator [on a brand]  WHO  INITIATES  A  DEPOSIT  ON  A
BEVERAGE  CONTAINER  shall accept SUCH EMPTY BEVERAGE CONTAINER from [a]

S. 2608--B                         10                         A. 3008--B

AND REIMBURSE ANY distributor who [does not initiate  deposits  on  that
brand any] ACCEPTED AND REDEEMED SUCH empty beverage [containers of that
brand  accepted  by the distributor] CONTAINER from a dealer or operator
of  a  redemption  center  [and shall reimburse the distributor] FOR the
[refund value of each such beverage container, as established by section
27-1005 of this title] DEPOSIT AND HANDLING FEE PAID BY THE DISTRIBUTOR.
[In addition, the deposit initiator shall reimburse such distributor for
each such beverage container the handling fee established under subdivi-
sion six of this section.] Without limiting the rights of the department
or any person, firm or corporation under this subdivision or  any  other
provision  of  this  [section]  TITLE,  a distributor shall have a civil
right of action to enforce this subdivision, including, upon three  days
notice,  the  right  to  apply  for temporary and preliminary injunctive
relief  against  continuing  violations,  and  until  arrangements   for
collection and return of empty containers or reimbursement of [such] THE
REDEEMING distributor for such deposits and handling fees are made.
  8. It shall be the responsibility of the deposit initiator or distrib-
utor  to provide to a dealer or redemption center a sufficient number of
bags, cartons, or other suitable containers, at no cost, for the packag-
ing, handling and pickup of  empty  beverage  containers  that  are  not
redeemed  through  a  reverse  vending  machine.  The  bags, cartons, or
containers must be provided by the deposit initiator or distributor on a
schedule that allows the dealer or redemption center sufficient time  to
sort  the  empty  beverage  containers  prior  to pick up by the deposit
initiator or distributor. In addition:
  (a) When picking up empty beverage containers, a deposit initiator  or
distributor  shall  not  require  a  dealer or redemption center to load
their own bags, cartons or containers onto or into  the  deposit  initi-
ator's  or  distributor's  vehicle  or  vehicles or provide the staff or
equipment needed to do so.   HOWEVER,  WHERE  PALLETS  OR  SKIDS,  BAGS,
CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
SIMILAR  EQUIPMENT,  A  DEPOSIT  INITIATOR  OR DISTRIBUTOR MAY REQUIRE A
DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST  USING
A  FORKLIFT  OR  SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION
CENTER.
  (b) A deposit initiator or distributor [shall not] MAY  require  empty
containers  to be counted at a location other than the redemption center
or dealer's place of business. The dealer  or  redemption  center  shall
have the right to be present at the count.
  (c)  A  deposit  initiator or distributor shall pick up empty beverage
containers from the dealer or redemption center at reasonable times  and
intervals THAT SHALL ALSO TAKE INTO ACCOUNT A MINIMUM VOLUME OF CONTAIN-
ERS  NECESSARY  FOR SUCH A PICK UP as determined in rules or regulations
promulgated by the department OR  ON  A  SCHEDULE  MEETING  THE  MINIMUM
REQUIREMENTS OF SUCH REGULATIONS AND AGREED TO IN WRITING BY THE DEPOSIT
INITIATOR OR DISTRIBUTOR AND THE REDEMPTION CENTER.
  11.  [Notwithstanding  the  provisions  of  subdivision two of section
27-1009 of this title, a deposit initiator or distributor  shall  accept
and  redeem beverage containers as provided in this title, if the dealer
or operator of a redemption center shall  have  accepted  and  paid  the
refund  value  of  such  beverage  containers.] NO PERSON SHALL PROGRAM,
TAMPER WITH, MISUSE, RENDER INACCURATE, OR CIRCUMVENT THE PROPER  OPERA-
TION  OF  A  REVERSE  VENDING  MACHINE  TO ELICIT DEPOSIT MONIES WHEN NO
VALID, REDEEMABLE BEVERAGE CONTAINER HAS  BEEN  PLACED  IN  THE  REVERSE
VENDING MACHINE.

S. 2608--B                         11                         A. 3008--B

  S 4. Section 27-1009 of the environmental conservation law, as amended
by section 5 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1009. Refusal of acceptance.
  1.  A  dealer or operator of a redemption center [may] SHALL refuse to
accept from a redeemer, and a deposit  initiator  or  distributor  [may]
SHALL  refuse to accept from a dealer or operator of a redemption center
any empty beverage container which does not state thereon a refund value
as established by section 27-1005 and provided  by  section  27-1011  of
this title.
  2.  A  dealer  [or],  operator of a redemption center, DISTRIBUTOR, OR
DEPOSIT INITIATOR may also refuse to accept any BEVERAGE CONTAINER WHICH
IS NOT REASONABLY CLEAN OR CONTAINS  A  SIGNIFICANT  AMOUNT  OF  FOREIGN
MATERIAL,  ANY broken bottle, ANY corroded, CRUSHED or dismembered [can]
CONTAINER, or any  beverage  container  which  [contains  a  significant
amount of foreign material,] IS OTHERWISE ALTERED SO THAT IT IS RENDERED
UNREDEEMABLE as determined in rules and regulations to be promulgated by
the  commissioner.    SUCH  REFUSAL  MUST OCCUR AT THE TIME THE BEVERAGE
CONTAINER IS TENDERED FOR  REDEMPTION.  NOTWITHSTANDING  THE  FOREGOING,
CONTAINERS  PROCESSED  THROUGH  REVERSE VENDING MACHINES AUTHORIZED BY A
DISTRIBUTOR OR DEPOSIT INITIATOR, AS DOCUMENTED THROUGH REVERSE  VENDING
MACHINE  RECONCILIATION  STATEMENTS  OR  OTHER REASONABLE DOCUMENTATION,
SHALL BE ACCEPTED BY A DISTRIBUTOR OR DEPOSIT INITIATOR.
  S 5. Subdivision 1 of section 27-1011 of the  environmental  conserva-
tion  law,  as amended by chapter 149 of the laws of 1983, is amended to
read as follows:
  1. a. Every beverage container sold or offered for sale in this  state
[by a distributor or dealer] shall clearly indicate by permanently mark-
ing  or  embossing  the  container or by printing as part of the product
label the refund value of the container and the words "New York" or  the
letters "NY"[; provided, however, in the case of private label beverages
such information may be embossed or printed on a label which is securely
or permanently affixed to the beverage container. Private label beverag-
es  shall be defined as beverages purchased from a beverage manufacturer
in beverage containers bearing a brand name or  trademark  for  sale  at
retail  directly  by  the owner or licensee of such brand name or trade-
mark; or through retail dealers affiliated with such owner  or  licensee
by a cooperative or franchise agreement].
  b.  Such  embossing  or permanent imprinting on the beverage container
shall be the responsibility of the person,  firm  or  corporation  which
bottles,  cans  or otherwise fills or packages a beverage container or a
brand owner for whose exclusive  account  private  label  beverages  are
bottled,  canned or otherwise packaged; provided, however, that the duly
authorized agent of any such person, firm or  corporation  may  indicate
such  refund value by a label securely affixed on any beverage container
containing beverages imported into the United  States.    PRIVATE  LABEL
BEVERAGES  SHALL  BE  DEFINED  AS  BEVERAGES PURCHASED FROM A BOTTLER IN
BEVERAGE CONTAINERS BEARING A BRAND NAME OR TRADEMARK FOR SALE AT RETAIL
DIRECTLY BY THE OWNER OR LICENSEE OF SUCH BRAND NAME  OR  TRADEMARK;  OR
THROUGH RETAIL DEALERS AFFILIATED WITH SUCH OWNER OR LICENSEE BY A COOP-
ERATIVE OR FRANCHISE AGREEMENT.
  S 6. Subdivision 5, paragraph b of subdivision 9 and subdivision 12 of
section  27-1012  of  the  environmental  conservation  law, as added by
section 8 of part SS of chapter 59 of the laws of 2009, are  amended  to
read as follows:

S. 2608--B                         12                         A. 3008--B

  5.  All monies collected or received by the department of taxation and
finance pursuant to this title shall be deposited to the credit  of  the
comptroller  with such responsible banks, banking houses or trust compa-
nies as may be designated by the comptroller.  Such  deposits  shall  be
kept  separate  and apart from all other moneys in the possession of the
comptroller. The comptroller shall require adequate  security  from  all
such depositories. Of the total revenue collected, the comptroller shall
retain the amount determined by the commissioner of taxation and finance
to  be  necessary  for refunds out of which the comptroller must pay any
refunds to which a deposit initiator may be  entitled.  After  reserving
the  amount  to  pay  refunds, the comptroller must, by the tenth day of
each month, pay into the state treasury to the  credit  of  the  general
fund  the  revenue deposited under this subdivision during the preceding
calendar month and remaining to the comptroller's credit on the last day
of that preceding month[.]; PROVIDED,  HOWEVER,  THAT,  BEGINNING  APRIL
FIRST,  TWO  THOUSAND THIRTEEN, AND ALL FISCAL YEARS THEREAFTER, FIFTEEN
MILLION DOLLARS PLUS ALL FUNDS  RECEIVED  FROM  THE  PAYMENTS  DUE  EACH
FISCAL  YEAR  PURSUANT  TO SUBDIVISION FOUR OF THIS SECTION IN EXCESS OF
THE AMOUNT RECEIVED FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH  MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN, SHALL BE DEPOSITED TO THE CREDIT OF
THE  ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-TWO-S OF THE STATE FINANCE LAW.
  b. Any deposit initiator who fails to  FILE  REPORTS,  MAKE  QUARTERLY
PAYMENTS  OR  maintain  accounts  or  records  pursuant to this section,
unless it is shown that such failure was due to reasonable cause and not
due to negligence or willful neglect, in addition to any  other  penalty
imposed  by  this title, shall be subject to a penalty to be assessed by
the commissioner of taxation and finance of not more than  one  thousand
dollars  for  each  quarter  during  which such failure occurred, and an
additional penalty of not more than one thousand dollars for each  quar-
ter such failure continues.
  12. [Beginning on June first, two thousand nine each deposit initiator
shall  register  the container label of any beverage offered for sale in
the state on which it initiates a deposit. Any such registered container
label shall bear a universal product code. Such universal  product  code
shall  be  New  York  state  specific, in order to identify the beverage
container as offered for sale exclusively in New York state,  and  as  a
means  of preventing illegal redemption of beverage containers purchased
out-of-state. Registration must be on forms as prescribed by the depart-
ment and must include the universal product code for each combination of
beverage and container manufactured. The commissioner may  require  that
such  forms be filed electronically. The deposit initiator shall renew a
label registration whenever  that  label  is  revised  by  altering  the
universal  product code or whenever the container on which it appears is
changed in size, composition or glass color.] A. EACH DEPOSIT  INITIATOR
SHALL  PROVIDE  A  REPORT  TO THE DEPARTMENT DESCRIBING ALL THE TYPES OF
BEVERAGE CONTAINERS ON WHICH IT INITIATES  DEPOSITS.  THE  REPORT  SHALL
INCLUDE  THE PRODUCT NAME, TYPE OF BEVERAGE, SIZE AND COMPOSITION OF THE
BEVERAGE CONTAINER, UNIVERSAL PRODUCT CODE, AND  ANY  OTHER  INFORMATION
THE DEPARTMENT MAY REQUIRE. UPON REQUEST, A DEPOSIT INITIATOR SHALL ALSO
PROVIDE  TO THE DEPARTMENT A COPY OF THE CONTAINER LABEL OR A PICTURE OF
ANY BEVERAGE CONTAINER SOLD OR OFFERED FOR SALE IN THIS STATE  ON  WHICH
IT  INITIATES A DEPOSIT. SUCH INFORMATION SHALL BE PROVIDED IN A FORM AS
PRESCRIBED BY THE DEPARTMENT.   THE DEPARTMENT  MAY  REQUIRE  THAT  SUCH
FORMS BE FILED ELECTRONICALLY.

S. 2608--B                         13                         A. 3008--B

  B.  A  BOTTLER  MAY  PLACE ON A BEVERAGE CONTAINER A UNIVERSAL PRODUCT
CODE OR OTHER DISTINCTIVE MARKING THAT IS SPECIFIC TO THE STATE OR  USED
ONLY  IN  THE STATE AND ANY OTHER STATES WITH LAWS SUBSTANTIALLY SIMILAR
TO THIS TITLE AS A MEANS OF PREVENTING REDEMPTION OF BEVERAGE CONTAINERS
ON WHICH A DEPOSIT WAS NOT PAID.
  C.  A  BOTTLER  OR DEPOSIT INITIATOR SHALL NOTIFY THE DEPARTMENT, IN A
FORM PRESCRIBED BY THE DEPARTMENT,  WHENEVER  A  BEVERAGE  CONTAINER  OR
BEVERAGE  CONTAINER  LABEL  IS REVISED BY ALTERING THE UNIVERSAL PRODUCT
CODE, OR WHENEVER THE  CONTAINER  ON  WHICH  A  UNIVERSAL  PRODUCT  CODE
APPEARS  IS CHANGED IN SIZE, COMPOSITION OR GLASS COLOR, OR WHENEVER THE
CONTAINER OR CONTAINER LABEL ON WHICH A UNIVERSAL PRODUCT  CODE  APPEARS
IS  CHANGED  TO  INCLUDE  A UNIVERSAL PRODUCT CODE THAT IS UNIQUE TO THE
STATE OR USED ONLY IN THE STATE AND ANY OTHER STATES WITH LAWS  SUBSTAN-
TIALLY SIMILAR TO THIS TITLE.
  S 7. Section 27-1013 of the environmental conservation law, as amended
by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1013. Redemption centers AND DEALERS.
  The  commissioner  is  hereby  empowered to promulgate rules and regu-
lations governing (1)  THE  REGISTRATION  OR  PERMITTING  OF  REDEMPTION
CENTERS INCLUDING BUT NOT LIMITED TO CONDITIONS FOR GRANTING A REGISTRA-
TION  OR  PERMIT, GROUNDS FOR REVOCATION OF A REGISTRATION OR PERMIT AND
THE PROCESS FOR THE REVOCATION OF A  REGISTRATION  OR  PERMIT;  (2)  the
circumstances  in  which  DEPOSIT  INITIATORS, dealers and distributors,
individually or collectively, are required to accept the return of empty
beverage containers, and make payment therefor; [(2)] (3) the sorting of
the containers which a deposit initiator or distributor may  require  of
dealers  and  redemption  centers;  [(3)] (4) the collection of returned
beverage containers by deposit initiators or distributors, including the
party to whom such expense is to be charged, the frequency of such  pick
ups THAT SHALL ALSO ALLOW A SCHEDULE MEETING THE MINIMUM REQUIREMENTS OF
SUCH  REGULATIONS  AND  AGREED TO IN WRITING BY THE DEPOSIT INITIATOR OR
DISTRIBUTOR AND THE REDEMPTION CENTER AND  THAT  SHALL  ALSO  TAKE  INTO
ACCOUNT  A MINIMUM VOLUME OF CONTAINERS NECESSARY FOR SUCH A PICK UP and
the payment for refunds and handling fees thereon; [(4)] (5)  the  right
of  dealers  to restrict or limit the number of containers redeemed, the
rules for redemption at the dealers' place of business, and the  redemp-
tion  of containers from a beverage for which sales have been discontin-
ued, and to issue REGISTRATIONS OR permits to persons, firms  or  corpo-
rations  which  establish  redemption  centers,  subject  to  applicable
provisions of local and state laws, at which redeemers and  dealers  may
return empty beverage containers and receive payment of the refund value
of  such beverage containers; (6) THE ASSIGNMENT OF A SPECIFIC REGISTRA-
TION OR PERMIT IDENTIFICATION NUMBER TO  EACH  REDEMPTION  CENTER;  SUCH
REGISTRATION  OR  PERMIT  NUMBER,  ALONG  WITH  THE NUMBER OF CONTAINERS
CONTAINED THEREIN, SHALL BE AFFIXED TO ANY BOX OR  BAG  PROFFERED  BY  A
REDEMPTION  CENTER  TO A DEPOSIT INITIATOR OR DISTRIBUTOR FOR REDEMPTION
IN A MANNER MANDATED BY THE  COMMISSIONER;  AND  (7)  THE  OPERATION  OF
MOBILE  REDEMPTION  CENTERS  IN  ORDER TO ENSURE THAT TO THE BEST EXTENT
PRACTICABLE CONTAINERS ARE NOT PROFFERED FOR  REDEMPTION  TO  A  DEPOSIT
INITIATOR  OR  DISTRIBUTOR  OUTSIDE  OF  THE  GEOGRAPHIC AREA WHERE SUCH
DEPOSIT INITIATOR SELLS CONTAINERS AND INITIATES DEPOSITS. No dealer  or
distributor,  as  defined  in  section  27-1003  of this title, shall be
required to obtain a permit to operate a redemption center at  the  same
location  as  the dealer's or distributor's place of business. Operators
of such redemption centers shall receive payment of the refund value  of

S. 2608--B                         14                         A. 3008--B

each  beverage  container  from  the  appropriate  deposit  initiator or
distributor as provided under section 27-1007 of this title.
  S 8. Section 27-1014 of the environmental conservation law, as amended
by  section  10 of part SS of chapter 59 of the laws of 2009, is amended
to read as follows:
S 27-1014. Authority to promulgate rules and regulations.
  In addition to the  authority  of  the  commissioner,  under  sections
27-1007,  27-1009 and 27-1013 of this title, the commissioner shall have
the power to promulgate rules and regulations necessary and  appropriate
for the administration of this title AND TO PREVENT FRAUD.
  S 9. Section 27-1015 of the environmental conservation law, as amended
by  section  11 of part SS of chapter 59 of the laws of 2009, is amended
to read as follows:
S 27-1015. Violations.
  1. [A violation of this title, except as otherwise  provided  in  this
section  and  section 27-1012 of this title, shall be a public nuisance.
In addition, except] CIVIL AND ADMINISTRATIVE SANCTIONS. A.   EXCEPT  as
otherwise  provided  in  this section and section 27-1012 of this title,
any  person  who  [shall  violate]  VIOLATES  any  [provision]  OF   THE
PROVISIONS  of, OR FAILS TO PERFORM A DUTY IMPOSED BY, THIS TITLE OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM  OR  CONDI-
TION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL
DETERMINATION  OR  ORDER OF THE COMMISSIONER MADE PURSUANT TO this title
shall be liable [to the state of New York] for a civil  penalty  of  not
more  than  five  hundred  dollars FOR EACH VIOLATION, and an additional
civil penalty of not more than five hundred dollars for each day  during
which  each  such violation continues. Any civil penalty may be assessed
BY THE COMMISSIONER following a  hearing  or  opportunity  to  be  heard
PURSUANT  TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER OR BY THE
COURT IN ANY ACTION OR PROCEEDING PURSUANT TO SECTION  71-2727  OF  THIS
CHAPTER.  IN  ADDITION,  SUCH  PERSON MAY BY SIMILAR PROCESS BE ENJOINED
FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRATION ISSUED  TO
SUCH PERSON MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION
DENIED.
  [2.  Any] B. IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF
TAXATION AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS  TITLE,  ANY
distributor  or  deposit  initiator  who  violates any provision of this
title, [except as provided in section 27-1012 of this title,]  OR  FAILS
TO  PERFORM  A  DUTY  IMPOSED  BY  THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY  REGISTRA-
TION  OR  PERMIT  ISSUED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR
ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE  shall  be  liable
[to  the  state  of  New  York] for a civil penalty of not more than one
thousand dollars FOR EACH VIOLATION, and an additional civil penalty  of
not  more  than one thousand dollars for each day during which each such
violation continues. Any civil penalty may be assessed  BY  THE  COMMIS-
SIONER  following  a  hearing or opportunity to be heard PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, OR BY THE  COURT  IN  ANY
ACTION  OR  PROCEEDING  PURSUANT  TO SECTION 71-2727 OF THIS CHAPTER. IN
ADDITION, SUCH DEPOSIT INITIATOR OR DISTRIBUTOR MAY BY  SIMILAR  PROCESS
BE  ENJOINED  FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRA-
TION ISSUED TO SUCH PERSON MAY BE REVOKED  OR  SUSPENDED  OR  A  PENDING
RENEWAL APPLICATION DENIED.
  2.  CRIMINAL SANCTIONS. A.  ANY PERSON WHO, HAVING ANY OF THE CULPABLE
MENTAL STATES DEFINED IN SECTION 15.05 OF THE PENAL  LAW,  VIOLATES  ANY
PROVISION  OF OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY THIS TITLE, OR

S. 2608--B                         15                         A. 3008--B

ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETER-
MINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE  SHALL
BE  GUILTY  OF  A VIOLATION AND, UPON CONVICTION, SHALL BE PUNISHED BY A
FINE  OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION; EACH DAY
ON WHICH SUCH VIOLATION OCCURS SHALL CONSTITUTE  A  SEPARATE  VIOLATION;
AND   FOR  EACH  SUCH  VIOLATION  THE  PERSON  SHALL  BE  SUBJECT,  UPON
CONVICTION, TO IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR TO A  FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR TO BOTH IMPRISONMENT AND FINE.
  B.  IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF TAXATION
AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY  DISTRIBU-
TOR  OR  DEPOSIT INITIATOR WHO, HAVING ANY OF THE CULPABLE MENTAL STATES
DEFINED IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY PROVISION OF  OR
WHO  FAILS  TO  PERFORM  ANY  DUTY IMPOSED BY THIS TITLE, OR ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL  DETERMINATION  OR
ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF
A  VIOLATION  AND,  UPON  CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION;  EACH  DAY  ON  WHICH
SUCH  VIOLATION  OCCURS  SHALL  CONSTITUTE A SEPARATE VIOLATION; AND FOR
EACH SUCH VIOLATION THE PERSON SHALL BE  SUBJECT,  UPON  CONVICTION,  TO
IMPRISONMENT  FOR  NOT  MORE  THAN FIFTEEN DAYS OR TO A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINE.
  [3.] C. It shall be unlawful for [a distributor or deposit  initiator]
ANY PERSON, acting alone or aided by another, to return any empty bever-
age  container  to a dealer or redemption center for its refund value if
[the] A distributor or deposit initiator had  previously  accepted  such
beverage  container  from any dealer or operator of a redemption center,
OR IF SUCH CONTAINER  WAS  PREVIOUSLY  ACCEPTED  BY  A  REVERSE  VENDING
MACHINE.  A  violation of this [subdivision] PARAGRAPH shall be a misde-
meanor punishable by a fine of not less than five  hundred  dollars  nor
more  than  one  thousand  dollars  and an amount equal to two times the
amount of money received as a result of such violation, OR  IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINES.
  D. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY PERSON
WHO VIOLATES SUBDIVISION ELEVEN OF SECTION 27-1007 OF THIS TITLE, OR ANY
RULE  OR  REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMI-
NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE
GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL  BE  PUNISHED  BY  A
FINE  OF  NOT MORE THAN ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
  E. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY  DEAL-
ER,  DISTRIBUTOR  OR  DEPOSIT  INITIATOR, WHO KNOWINGLY OR INTENTIONALLY
VIOLATES ANY PROVISION OF OR  FAILS  TO  PERFORM  ANY  DUTY  IMPOSED  BY
SECTION  27-1005  OR  27-1012  OF  THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE
COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF A  MISDEMEA-
NOR  AND,  UPON CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY  IMPRISONMENT  FOR  NOT
MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  [4.]  3.  Any person who [willfully] tenders to a dealer, distributor,
redemption center or  deposit  initiator  more  than  forty-eight  empty
beverage  containers  for  which  such person knows or should reasonably
know that no deposit was paid in New York state may be assessed [by  the
department]  a  civil  penalty  of  up  to  one hundred dollars for each
container or up to twenty-five thousand dollars for each such tender  of
containers.  At  each  location  where  a  person tenders containers for

S. 2608--B                         16                         A. 3008--B

redemption, dealers and redemption centers must conspicuously display  a
sign  in letters that are at least one inch in height with the following
information: "WARNING:  Persons tendering for redemption  containers  on
which  a  deposit was never paid in this state may be subject to a civil
penalty of up to one hundred dollars per container or up to  twenty-five
thousand  dollars for each such tender of containers." Any civil penalty
may be assessed BY THE COMMISSIONER following a hearing  or  opportunity
to  be heard PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAP-
TER, OR BY THE COURT IN ANY ACTION OR  PROCEEDING  PURSUANT  TO  SECTION
71-2727 OF THIS CHAPTER. IN ADDITION, SUCH PERSON MAY BY SIMILAR PROCESS
BE  ENJOINED  FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRA-
TION ISSUED TO SUCH PERSON MAY BE REVOKED  OR  SUSPENDED  OR  A  PENDING
RENEWAL APPLICATION DENIED.
  [5.]  4. A. The department, the department of agriculture and markets,
the department of taxation and finance  and  the  attorney  general  are
hereby authorized to enforce the provisions of this title AND ALL MONIES
COLLECTED  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
PROTECTION FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-S  OF  THE
STATE  FINANCE  LAW.  In  addition, the provisions of section 27-1005 of
this title and subdivisions one, two, three, four, five, ten and  eleven
of section 27-1007 of this title may be enforced by a county, city, town
or village, and the local legislative body thereof may adopt local laws,
ordinances  or  regulations consistent with this title providing for the
enforcement of such provisions AND ALL MONIES COLLECTED BY THE ENFORCING
COUNTY, CITY, TOWN OR VILLAGE AS FINES OR  PENALTIES  PURSUANT  TO  THIS
SECTION  SHALL  BE  PAYABLE  TO AND BE THE PROPERTY OF THE COUNTY, CITY,
TOWN OR VILLAGE.
  B. IN ADDITION,  A  VIOLATION  OF  THIS  TITLE,  EXCEPT  AS  OTHERWISE
PROVIDED IN THIS SECTION, SHALL BE A PUBLIC NUISANCE, AND WITHOUT LIMIT-
ING  THE  RIGHTS  OF  THE DEPARTMENT, OR ANY PERSON, FIRM OR CORPORATION
UNDER THIS SUBDIVISION OR ANY OTHER PROVISION OF THIS SECTION, A DEALER,
OWNER OR OPERATOR OF A REDEMPTION CENTER, DISTRIBUTOR, OR DEPOSIT INITI-
ATOR SHALL HAVE A CIVIL RIGHT OF ACTION TO  ENFORCE  THE  PROVISIONS  OF
SECTION  27-1009  OF  THIS  TITLE  AND SUBDIVISIONS FOUR, FIVE, SIX, AND
EIGHT OF SECTION 27-1007 OF THIS TITLE.
  S 10.  Section  27-1017  of  the  environmental  conservation  law  is
REPEALED.
  S  11.  Subdivision  3  of  section  92-s of the state finance law, as
amended by section 2 of part T of chapter 59 of the  laws  of  2009,  is
amended to read as follows:
  3.  Such  fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and  penalties  deposited
pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
amount of fees and penalties received from easements or leases  pursuant
to  subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service  charges  pursuant  to  section
four  hundred four-l of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve  fund  pursuant  to
section  two  hundred  ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
pursuant  to  section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
section  54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
hundred  ninety-six,  provided  however,  that such moneys shall only be

S. 2608--B                         17                         A. 3008--B

used for the cost of the purchase of private lands in the core  area  of
the  central  Suffolk  pine barrens pursuant to a consent order with the
Northville industries signed on  October  thirteenth,  nineteen  hundred
ninety-four  and  the related resource restoration and replacement plan,
the amount of penalties required to  be  deposited  therein  by  section
71-2724 of the environmental conservation law, all moneys required to be
deposited  pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of  section
70-0117 of the environmental conservation law, [as added by a chapter of
the  laws  of two thousand nine,] all moneys collected pursuant to title
thirty-three of article fifteen of the environmental  conservation  law,
[as  added by a chapter of the laws of two thousand nine] BEGINNING WITH
THE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO  THOUSAND  THIRTEEN,  AND
ALL  FISCAL  YEARS  THEREAFTER,  FIFTEEN  MILLION DOLLARS PLUS ALL FUNDS
RECEIVED BY THE STATE EACH FISCAL YEAR IN EXCESS OF THE AMOUNT  RECEIVED
FROM  APRIL  FIRST,  TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND THIRTEEN, FROM THE PAYMENTS COLLECTED PURSUANT  TO  SUBDIVISION
FOUR  OF  SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW, and all
other moneys credited or transferred thereto  from  any  other  fund  or
source  pursuant  to  law. All such revenue shall be initially deposited
into the environmental protection fund, for application as  provided  in
subdivision five of this section.
  S  12.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART G

  Section 1. Subdivisions 1 and 2 of section  27-1905  of  the  environ-
mental  conservation  law, as amended by section 1 of part DD of chapter
59 of the laws of 2010, are amended to read as follows:
  1. [Until December thirty-first, two thousand thirteen, accept] ACCEPT
from a customer, waste tires of approximately the same  size  and  in  a
quantity  equal to the number of new tires purchased or installed by the
customer; and
  2. [Until December thirty-first, two  thousand  thirteen,  post]  POST
written notice in a prominent location, which must be at least eight and
one-half  inches  by  fourteen  inches in size and contain the following
language:
  "New York State law requires us to accept and manage waste tires  from
vehicles  in  exchange  for an equal number of new tires that we sell or
install. Tire retailers are required to charge a separate  and  distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
  The retailers in addition are authorized, at their sole discretion, to
pass  on  waste  tire management and recycling costs to tire purchasers.
Such costs may be included as part of the advertised price  of  the  new
tire,  or  charged  as  a  separate  per-tire charge in an amount not to
exceed $2.50 on each new tire sold."
  The written notice shall also contain one of the following  statements
at  the  end  of  the aforementioned language and as part of the notice,
which shall accurately indicate the manner in  which  the  tire  service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:
  "Our  waste  tire  management  and recycling costs are included in the
advertised price of each new tire.", or

S. 2608--B                         18                         A. 3008--B

  "We charge a separate per-tire charge of $____ on each new  tire  sold
that  will  be listed on your invoice to cover our waste tire management
and recycling costs."
  S  2.  Subdivisions  1,  2 and 3 and paragraph (a) of subdivision 6 of
section 27-1913 of the environmental conservation law,  subdivisions  1,
2,  the opening paragraph of subdivision 3 and paragraph (a) of subdivi-
sion 6 as amended by section 4 of part DD of chapter 59 of the  laws  of
2010  and subdivision 3 as amended by section 2 of part E1 of chapter 63
of the laws of 2003, are amended to read as follows:
  1. [Until December thirty-first, two thousand  thirteen,  a]  A  waste
tire  management  and recycling fee of two dollars and fifty cents shall
be charged on each new tire sold. The fee shall be paid by the purchaser
to the tire service at the time the new tire or  new  motor  vehicle  is
purchased.
  The waste tire management and recycling fee does not apply to:
  (a) recapped or resold tires;
  (b) mail-order sales; or
  (c)  the  sale  of  new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this  state  is
subject to such fee.
  2. [Until December thirty-first, two thousand thirteen, the]  THE tire
service  shall  collect the waste tire management and recycling fee from
the purchaser at the time of the sale and shall [remit] PAY such fee  to
the  department  of  taxation  and  finance  with the quarterly [report]
RETURN filed pursuant to subdivision three of this section. THE  COMMIS-
SIONER OF TAXATION AND FINANCE MAY REQUIRE THAT THE TIRE SERVICE PAY THE
FEE ELECTRONICALLY.
  (a)  The  fee  imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
  (b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
  3. [Until March thirty-first, two thousand fourteen, each]  EACH  tire
service  maintaining  a  place  of  business  in this state shall make a
return to the department of taxation and finance on a quarterly  basis[,
with  the  return  for  December,  January, and February being due on or
before the immediately following  March  thirty-first;  the  return  for
March,  April,  and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being  due  on  or
before the immediately following September thirtieth; and the return for
September,  October, and November being due on or before the immediately
following December thirty-first] IN THE FORM AND  MANNER  PRESCRIBED  BY
THE  COMMISSIONER  OF TAXATION AND FINANCE. THE COMMISSIONER OF TAXATION
AND FINANCE MAY REQUIRE SUCH RETURNS TO  BE  FILED  ELECTRONICALLY.  THE
QUARTERLY  RETURNS  REQUIRED  BY THIS SUBDIVISION SHALL BE FILED FOR THE
QUARTERLY PERIODS ENDING ON THE LAST DAY OF FEBRUARY,  MAY,  AUGUST  AND
NOVEMBER OF EACH YEAR, AND EACH SUCH RETURN SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE END OF THE QUARTERLY PERIOD COVERED THEREBY.
  (a) Each return shall include:
  (i) the name of the tire service;
  (ii) the address of the tire service's principal place of business and
the  address  of the principal place of business (if that is a different
address) from which the tire service engages in the business  of  making
retail sales of tires;
  (iii) the name and signature of the person preparing the return;

S. 2608--B                         19                         A. 3008--B

  (iv)  the  total  number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
  (v) the amount of waste tire management and recycling fees due; and
  (vi)  such  other reasonable information as the department of taxation
and finance may require.
  (b) Copies of each [report] RETURN  shall  be  retained  by  the  tire
service for three years.
  If  a  tire  service ceases business, it shall file a final return and
[remit] PAY all fees due under this title [with] TO  the  department  of
taxation  and  finance  not more than one month after discontinuing that
business.
  (a) [Until December thirty-first,  two  thousand  thirteen,  any]  ANY
additional waste tire management and recycling costs of the tire service
in  excess of the amount authorized to be retained pursuant to paragraph
(b) of subdivision two of this section may be included in the  published
selling  price of the new tire, or charged as a separate per-tire charge
on each new tire sold. When such costs are charged as  a  separate  per-
tire charge: (i) such charge shall be stated as an invoice item separate
and  distinct from the selling price of the tire; (ii) the invoice shall
state that the charge is imposed at the  sole  discretion  of  the  tire
service;  and  (iii)  the amount of such charge shall reflect the actual
cost to the tire service for the management and recycling of waste tires
accepted by the tire service pursuant to section 27-1905 of this  title,
provided  however, that in no event shall such charge exceed two dollars
and fifty cents on each new tire sold.
  S 3. This act shall take effect immediately, and shall  apply  to  the
quarterly  periods  provided for in the opening paragraph of subdivision
three of section 27-1913  of  the  environmental  conservation  law,  as
amended  by section two of this act, beginning on or after the date this
act shall have become a law.

                                 PART H

  Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
New York state urban development corporation act, relating to the powers
of  the  New  York state urban development corporation to make loans, as
amended by section 1 of part R of chapter 58 of the  laws  of  2012,  is
amended to read as follows:
  S  2.  This act shall take effect immediately [provided, however, that
section one of this act shall expire on July 1, 2013, at which time  the
provisions  of  subdivision  26 of section 5 of the New York state urban
development corporation act shall be deemed repealed; provided, however,
that neither the expiration  nor  the  repeal  of  such  subdivision  as
provided  for  herein  shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of  such  subdivision  prior  to
such expiration and repeal].
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART I

  Section 1. Section 2 of part BB of chapter 58  of  the  laws  of  2012
amending the public authorities law relating to authorizing the dormito-
ry  authority  to  enter into certain design and construction management
agreements is amended to read as follows:

S. 2608--B                         20                         A. 3008--B

  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, [2013] 2015.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in effect on and after April 1, 2013.

                                 PART J

  Intentionally omitted.

                                 PART K

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to receive for deposit to the  credit  of
the  general  fund  the amount of up to $913,000 from the New York state
energy research and development authority.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART L

  Section  1.  Expenditures  of  moneys appropriated in a chapter of the
laws of 2013 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue funds - other/state operations, miscellaneous special revenue fund  -
339,  energy  research and planning account, and special revenue funds -
other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy research and planning account shall be subject to the  provisions  of
this  section.  Notwithstanding  the  provisions  of  subdivision 4-a of
section 18-a of the public service law, all moneys committed or expended
shall be reimbursed by assessment against gas corporations and  electric
corporations  as defined in section 2 of the public service law, and the
total amount which may be charged to any gas corporation and  any  elec-
tric  corporation  shall not exceed one cent per one thousand cubic feet
of gas sold and .010 cent per kilowatt-hour of electricity sold by  such
corporations  in  their  intrastate  utility operations in calendar year
2011. Such  amounts  shall  be  excluded  from  the  general  assessment
provisions  of  subdivision 2 of section 18-a of the public service law,
but shall be billed and paid in the manner set forth in such subdivision
and upon receipt shall be paid to the state comptroller for  deposit  in
the state treasury for credit to the miscellaneous special revenue fund.
The  director  of  the  budget shall not issue a certificate of approval
with respect to the commitment and expenditure of moneys  hereby  appro-
priated  until the chair of such authority shall have submitted, and the
director of the budget shall have approved,  a  comprehensive  financial
plan  encompassing  all  moneys available to and all anticipated commit-
ments and expenditures by such authority from any source for  the  oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART M

  Section 1. Notwithstanding any other law, rule or  regulation  to  the
contrary,  expenses of the department of health public service education

S. 2608--B                         21                         A. 3008--B

program incurred pursuant to appropriations from  the  cable  television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART N

  Section 1. Paragraph (a) of subdivision  6  of  section  18-a  of  the
public  service  law,  as added by section 4 of part NN of chapter 59 of
the laws of 2009, is amended to read as follows:
  (a) Notwithstanding any provision of law to the contrary, and  subject
to the exceptions provided for in paragraph (b) of this subdivision, for
the  state  fiscal  year beginning on April first, two thousand nine and
[four] NINE state fiscal years thereafter, a temporary annual assessment
(hereinafter "temporary state energy and  utility  service  conservation
assessment")  is  hereby  imposed on public utility companies (including
for the purposes of this subdivision municipalities other  than  munici-
palities  as  defined  in section eighty-nine-l of this chapter), corpo-
rations (including for purposes of  this  subdivision  the  Long  Island
power  authority),  and  persons  subject to the commission's regulation
(hereinafter such public utility companies,  corporations,  and  persons
are referred to collectively as the "utility entities") to encourage the
conservation  of  energy  and  other  resources provided through utility
entities, to be assessed in the manner  provided  in  this  subdivision;
provided,  however, that such assessment shall not be imposed upon tele-
phone corporations as defined in subdivision seventeen of section two of
this article.
  S 2. Section 6 of part NN of chapter 59 of the laws of 2009,  amending
the  public  service  law  relating  to  financing the operations of the
department of public service, the public service commission,  department
support and energy management services provided by other state agencies,
increasing  the  utility  assessment  cap  and the minimum threshold for
collection thereunder, and establishing a  temporary  state  energy  and
utility service conservation assessment and providing for the collection
thereof, is amended to read as follows:
  S  6.  This act shall take effect immediately; provided, however, that
subdivision 6 of section 18-a of the public service  law,  as  added  by
section  four  of  this  act  shall  take effect April 1, 2009 and shall
expire and be deemed repealed  March  31,  [2014]  2019;  and  provided,
further,  that  if section four of this act shall become law after April
1, 2009, it shall take effect immediately and shall be  deemed  to  have
been in full force and effect on and after April 1, 2009.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013; provided,
however, that the amendments to subdivision 6 of  section  18-a  of  the
public  service law made by section one of this act shall not affect the
repeal of such subdivision and shall be deemed to be repealed therewith.

                                 PART O

  Section 1. Sections 24 and 25 of the public service law  are  REPEALED
and a new section 24 is added to read as follows:
  S 24. ADMINISTRATIVE SANCTIONS; RECOVERY OF PENALTIES. 1. EVERY PUBLIC
UTILITY  COMPANY,  CORPORATION  OR  PERSON  AND THE OFFICERS, AGENTS AND
EMPLOYEES THEREOF SHALL ADHERE TO EVERY PROVISION OF  THIS  CHAPTER  AND

S. 2608--B                         22                         A. 3008--B

EVERY  ORDER  OR  REGULATION  ADOPTED UNDER AUTHORITY OF THIS CHAPTER SO
LONG AS THE SAME SHALL BE IN FORCE.
  2.  (A)  THE  COMMISSION  SHALL  HAVE  THE AUTHORITY TO ASSESS A CIVIL
PENALTY AGAINST A PUBLIC UTILITY COMPANY, CORPORATION, OR PERSON AND THE
OFFICERS, AGENTS AND EMPLOYEES  THEREOF  SUBJECT  TO  THE  JURISDICTION,
SUPERVISION,  OR REGULATION PURSUANT TO THIS CHAPTER IN AN AMOUNT AS SET
FORTH IN THIS SECTION. IN DETERMINING THE AMOUNT OF ANY  PENALTY  TO  BE
ASSESSED  PURSUANT  TO  THIS SECTION, THE COMMISSION SHALL CONSIDER: (I)
THE SERIOUSNESS OF THE VIOLATION FOR WHICH A PENALTY IS SOUGHT; (II) THE
NATURE AND EXTENT OF ANY PREVIOUS VIOLATIONS FOR  WHICH  PENALTIES  HAVE
BEEN ASSESSED AGAINST THE PUBLIC UTILITY COMPANY, CORPORATION OR PERSON;
(III)  THE  GROSS  REVENUES  AND  FINANCIAL STATUS OF THE PUBLIC UTILITY
COMPANY, CORPORATION OR PERSON; AND  (IV)  SUCH  OTHER  FACTORS  AS  THE
COMMISSION  MAY  DEEM APPROPRIATE AND RELEVANT. THE REMEDIES PROVIDED BY
THIS SUBDIVISION ARE IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN LAW.
  (B) WHENEVER THE COMMISSION HAS REASON TO BELIEVE THAT A PUBLIC UTILI-
TY COMPANY, CORPORATION OR PERSON AND SUCH OFFICERS, AGENTS AND  EMPLOY-
EES THEREOF MAY BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY AS SET FORTH
IN THIS SUBDIVISION, IT SHALL NOTIFY SUCH PUBLIC UTILITY COMPANY, CORPO-
RATION OR PERSON. SUCH NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO
(I) THE DATE AND A BRIEF DESCRIPTION OF THE FACTS AND NATURE OF EACH ACT
OR  FAILURE  TO  ACT  FOR WHICH SUCH PENALTY IS PROPOSED; (II) A LIST OF
EACH STATUTE, REGULATION OR ORDER THAT THE COMMISSION ALLEGES  HAS  BEEN
VIOLATED;  (III) THE AMOUNT OF EACH PENALTY THAT THE COMMISSION PROPOSES
TO ASSESS; AND (IV) THE OPTION TO REQUEST A HEARING TO  DEMONSTRATE  WHY
THE  PROPOSED  PENALTY  OR PENALTIES SHOULD NOT BE ASSESSED AGAINST SUCH
PUBLIC UTILITY COMPANY, CORPORATION, OR SUCH PERSON.
  3. ANY PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A PROVISION
OF THIS CHAPTER, REGULATION OR AN ORDER ADOPTED UNDER AUTHORITY OF  THIS
CHAPTER  SO  LONG AS THE SAME SHALL BE IN FORCE, OR WHO FAILS TO PROVIDE
SAFE AND ADEQUATE SERVICE SHALL FORFEIT A SUM NOT EXCEEDING THE  GREATER
OF  ONE HUNDRED THOUSAND DOLLARS OR TWO ONE-HUNDREDTHS OF ONE PERCENT OF
THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY, CONSTITUT-
ING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN  THE  CASE  OF  A
CONTINUING  VIOLATION,  EACH DAY SHALL BE DEEMED A SEPARATE AND DISTINCT
OFFENSE.
  4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION,  ANY SUCH PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A
PROVISION OF THIS CHAPTER, OR AN ORDER OR REGULATION ADOPTED  UNDER  THE
AUTHORITY OF THIS CHAPTER SPECIFICALLY FOR THE PROTECTION OF HUMAN SAFE-
TY  OR PREVENTION OF SIGNIFICANT DAMAGE TO REAL PROPERTY, INCLUDING, BUT
NOT LIMITED TO, THE COMMISSION'S CODE OF GAS SAFETY  REGULATIONS  SHALL,
IF  IT IS DETERMINED BY THE COMMISSION THAT SUCH SAFETY VIOLATION CAUSED
OR CONSTITUTED A CONTRIBUTING FACTOR IN BRINGING ABOUT:  (A) A DEATH  OR
PERSONAL INJURY; OR (B) DAMAGE TO REAL PROPERTY IN EXCESS OF FIFTY THOU-
SAND DOLLARS, FORFEIT A SUM NOT TO EXCEED THE GREATER OF:
  (I)  TWO HUNDRED FIFTY THOUSAND DOLLARS OR THREE ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY,
WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH SEPARATE AND
DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR  PURPOSES  OF  THIS  PARA-
GRAPH, EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED A SEPARATE
AND  DISTINCT  OFFENSE.  THE  TOTAL PERIOD OF A CONTINUING VIOLATION, AS
WELL AS EVERY DISTINCT VIOLATION, SHALL BE SIMILARLY TREATED AS A  SEPA-
RATE AND DISTINCT OFFENSE FOR PURPOSES OF THIS PARAGRAPH; OR
  (II)  THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION.

S. 2608--B                         23                         A. 3008--B

  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OR FOUR OF THIS
SECTION, A  PUBLIC  UTILITY  COMPANY  OR  CORPORATION  THAT  VIOLATES  A
PROVISION  OF  THIS  CHAPTER,  OR  AN  ORDER OR REGULATION ADOPTED UNDER
AUTHORITY OF THIS CHAPTER, DESIGNED TO PROTECT THE  OVERALL  RELIABILITY
AND  CONTINUITY  OF  ELECTRIC  SERVICE, INCLUDING BUT NOT LIMITED TO THE
RESTORATION OF ELECTRIC SERVICE FOLLOWING A MAJOR OUTAGE EVENT OR  EMER-
GENCY, SHALL FORFEIT A SUM NOT TO EXCEED THE GREATER OF:
  (A)  FIVE  HUNDRED  THOUSAND  DOLLARS  OR  FOUR  ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY,
WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH SEPARATE AND
DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS PARAGRAPH
EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED  A  SEPARATE  AND
DISTINCT OFFENSE. THE TOTAL PERIOD OF A CONTINUING VIOLATION, AS WELL AS
EVERY  DISTINCT  VIOLATION  SHALL BE SIMILARLY TREATED AS A SEPARATE AND
DISTINCT OFFENSE FOR PURPOSES OF THIS PARAGRAPH; OR
  (B) THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE  WITH  SUBDIVISION
THREE OF THIS SECTION.
  6.  ANY  OFFICER,  AGENT, OR EMPLOYEE OF ANY CORPORATION DETERMINED BY
THE COMMISSION TO HAVE VIOLATED THE  PROVISIONS  OF  SUBDIVISION  THREE,
FOUR, OR FIVE OF THIS SECTION, AND WHO KNOWINGLY VIOLATES A PROVISION OF
THIS  CHAPTER,  REGULATION  OR  AN ORDER ADOPTED UNDER AUTHORITY OF THIS
CHAPTER SO LONG AS THE SAME SHALL BE IN FORCE, INCLUDING  A  FAILURE  TO
PROVIDE SAFE AND ADEQUATE SERVICE, SHALL FORFEIT A SUM NOT TO EXCEED ONE
HUNDRED THOUSAND DOLLARS CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY
OFFENSE  AND,  IN  THE CASE OF A CONTINUING VIOLATION, EACH DAY SHALL BE
DEEMED A SEPARATE AND DISTINCT OFFENSE.
  7. ANY SUCH ASSESSMENT MAY  BE  COMPROMISED  OR  DISCONTINUED  BY  THE
COMMISSION. ALL MONEYS RECOVERED PURSUANT TO THIS SECTION, TOGETHER WITH
THE  COSTS  THEREOF,  SHALL  BE  REMITTED TO, OR FOR THE BENEFIT OF, THE
RATEPAYERS IN A MANNER TO BE DETERMINED BY THE COMMISSION.
  8. UPON A FAILURE BY A PUBLIC UTILITY COMPANY, CORPORATION, OR  PERSON
TO  REMIT  ANY  PENALTY  ASSESSED  BY  THE  COMMISSION  PURSUANT TO THIS
SECTION, THE COMMISSION, THROUGH ITS COUNSEL, MAY INSTITUTE AN ACTION OR
SPECIAL PROCEEDING TO COLLECT THE PENALTY IN A COURT OF COMPETENT JURIS-
DICTION.
  9. ANY PAYMENT MADE BY A PUBLIC UTILITY COMPANY, CORPORATION OR PERSON
AND THE OFFICERS, AGENTS AND EMPLOYEES THEREOF AS A RESULT OF AN ASSESS-
MENT AS PROVIDED IN THIS SECTION, AND THE COST OF LITIGATION AND  INVES-
TIGATION  RELATED  TO ANY SUCH ASSESSMENT, SHALL NOT BE RECOVERABLE FROM
RATEPAYERS.
  10. IN CONSTRUING AND ENFORCING THE PROVISIONS OF THIS CHAPTER  RELAT-
ING TO PENALTIES, THE ACT OF ANY DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF
A  PUBLIC UTILITY COMPANY, CORPORATION OR PERSON ACTING WITHIN THE SCOPE
OF HIS OR HER OFFICIAL DUTIES OR EMPLOYMENT SHALL BE DEEMED  TO  BE  THE
ACT OF SUCH PUBLIC UTILITY COMPANY OR CORPORATION.
  S 2. Section 26 of the public service law is renumbered section 25.
  S 3. Section 65 of the public service law is amended by adding two new
subdivisions 14 and 15 to read as follows:
  14.  IN  CONJUNCTION WITH A MANAGEMENT AND OPERATIONS AUDIT UNDERTAKEN
PURSUANT TO SUBDIVISION NINETEEN OF SECTION SIXTY-SIX OF THIS ARTICLE OR
UPON ITS OWN MOTION, THE COMMISSION SHALL REVIEW THE CAPABILITY, INCLUD-
ING BUT NOT LIMITED TO, THE CAPABILITY TO IMPLEMENT  EMERGENCY  RESPONSE
PLANS  AND RESTORATION, OF EACH GAS CORPORATION AND ELECTRIC CORPORATION
TO PROVIDE SAFE, ADEQUATE, AND RELIABLE SERVICE.  UPON GOOD CAUSE SHOWN,
THE COMMISSION MAY DIRECT SUCH CORPORATION TO COMPLY WITH ADDITIONAL AND
MORE STRINGENT TERMS AND CONDITIONS OF SERVICE THAN EXISTED PRIOR TO THE

S. 2608--B                         24                         A. 3008--B

COMMENCEMENT OF THE MANAGEMENT  AND  OPERATIONS  AUDIT,  OR  CAUSE  SUCH
CORPORATION  TO  DIVEST  SOME  OR ALL OF ITS STATE-BASED UTILITY ASSETS,
INCLUDING FRANCHISE TERRITORIES, BASED  UPON  STANDARDS  AND  PROCEDURES
ESTABLISHED  BY THE COMMISSION TO ENSURE CONTINUITY OF SAFE AND ADEQUATE
SERVICE, DUE PROCESS, AND FAIR AND JUST COMPENSATION; PROVIDED, HOWEVER,
THAT NOTHING IN THIS SUBDIVISION LIMITS THE  COMMISSION'S  AUTHORITY  TO
UNDERTAKE  THE  ACTIONS  SET  FORTH PURSUANT TO SECTIONS TWENTY-FOUR AND
TWENTY-FIVE OF THIS CHAPTER. IN THE CASE WHERE THE COMMISSION DIRECTS  A
FULL  OR  PARTIAL  DIVESTMENT  OF A CORPORATION'S ASSETS, THE COMMISSION
SHALL FIRST PROCEED IN SUCH MANNER AS TO FACILITATE THE VOLUNTARY TRANS-
FER OF SUCH ASSETS.
  15. THE CHIEF EXECUTIVE OFFICER OF EACH GAS CORPORATION  AND  ELECTRIC
CORPORATION SHALL CERTIFY TO THE COMMISSION ON OR BEFORE MARCH FIFTEENTH
OF  EACH  YEAR  THAT SUCH CORPORATION IS IN COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS CHAPTER AND ANY RULES, REGULATIONS, ORDERS AND  PROCEDURES
ADOPTED  THERETO, INCLUDING THE OBLIGATION THAT SUCH CORPORATION PROVIDE
SAFE AND ADEQUATE SERVICE.
  S 4. Subdivisions 19 and 21 of section 66 of the public  service  law,
subdivision 19 as added by chapter 556 of the laws of 1976 and the clos-
ing  paragraph  as added by chapter 586 of the laws of 1986 and subdivi-
sion 21 as added by chapter 718 of the laws of 1980, are amended  and  a
new subdivision 1-a is added to read as follows:
  1-A.  REVIEW  THE  ANNUAL  CAPITAL EXPENDITURE OF EACH GAS OR ELECTRIC
CORPORATION AND MAY ORDER SUCH IMPROVEMENT IN THE  MANUFACTURE,  CONVEY-
ING,  TRANSPORTATION, DISTRIBUTION OR SUPPLY OF GAS, IN THE MANUFACTURE,
TRANSMISSION OR SUPPLY OF ELECTRICITY, OR IN  THE  METHODS  EMPLOYED  BY
SUCH  CORPORATION  AS IN THE COMMISSION'S JUDGMENT IS ADEQUATE, JUST AND
REASONABLE.
  19. (A) The commission shall have power to provide for management  and
operations  audits  of  gas corporations and electric corporations. Such
audits shall be performed at least once every five years for combination
gas and electric companies, as well as  for  straight  gas  corporations
having  annual  gross revenues in excess of two hundred million dollars.
The audit shall include, but not be limited to, an investigation of  the
company's  construction program planning in relation to the needs of its
customers for reliable service [and], an evaluation of the efficiency of
the company's operations, RECOMMENDATIONS WITH RESPECT TO SAME, AND  THE
TIMING  WITH RESPECT TO THE IMPLEMENTATION OF SUCH RECOMMENDATIONS.  The
commission shall have discretion to have such audits  performed  by  its
staff, or by independent auditors.
  In  every  case  in  which  the  commission  chooses to have the audit
provided for in this subdivision OR PURSUANT TO SUBDIVISION FOURTEEN  OF
SECTION SIXTY-FIVE OF THIS ARTICLE performed by independent auditors, it
shall  have authority to select the auditors, and to require the company
being audited to enter into a contract with the auditors  providing  for
their  payment  by the company. Such contract shall provide further that
the auditors shall work for and under the direction  of  the  commission
according  to  such  terms as the commission may determine are necessary
and reasonable.
  [The commission shall have authority to direct the company  to  imple-
ment  any recommendations resulting from such audits that it finds to be
necessary and reasonable.]
  (B) EACH GAS AND ELECTRIC CORPORATION SUBJECT TO AN AUDIT  UNDER  THIS
SUBDIVISION  SHALL  FILE A REPORT WITH THE COMMISSION WITHIN THIRTY DAYS
AFTER ISSUANCE OF SUCH AUDIT DETAILING ITS PLAN TO IMPLEMENT THE  RECOM-
MENDATIONS  MADE IN THE AUDIT. AFTER REVIEW OF SUCH PLAN, THE COMMISSION

S. 2608--B                         25                         A. 3008--B

MAY REQUIRE THAT SUCH CORPORATION AMEND THE PLAN IN A PARTICULAR MANNER.
SUCH PLAN SHALL THEREAFTER  BECOME  ENFORCEABLE  UPON  APPROVAL  BY  THE
COMMISSION.  THE COMMISSION SHALL HAVE POWER TO COMMENCE A PROCEEDING TO
EXAMINE  ANY  SUCH  CORPORATION'S COMPLIANCE WITH THE RECOMMENDATIONS OF
SUCH AUDIT.
  (C) Upon the application of a gas or electric corporation for a  major
change  in  rates  as defined in subdivision twelve of this section, the
commission  shall  review  that  corporation's   compliance   with   the
directions  and  recommendations made previously by the commission, as a
result of the most recently completed management and  operations  audit.
The  commission  shall  incorporate  the  findings of such review in its
opinion or order, AND SUCH FINDINGS SHALL BE ENFORCEABLE BY THE  COMMIS-
SION.
  21. [The commission shall require every electric corporation to submit
storm  plans to the commission for review and approval at such times and
in such detail and form  as  the  commission  shall  require,  provided,
however, that the same shall be filed at least annually.] (A) EACH ELEC-
TRIC CORPORATION SHALL ANNUALLY, ON OR BEFORE DECEMBER FIFTEENTH, SUBMIT
TO  THE  COMMISSION  AN EMERGENCY RESPONSE PLAN FOR REVIEW AND APPROVAL.
THE EMERGENCY RESPONSE PLAN SHALL BE DESIGNED FOR THE REASONABLY  PROMPT
RESTORATION  OF  SERVICE  IN THE CASE OF AN EMERGENCY EVENT, DEFINED FOR
PURPOSES OF THIS SUBDIVISION AS AN EVENT WHERE WIDESPREAD  OUTAGES  HAVE
OCCURRED  IN THE SERVICE TERRITORY OF THE COMPANY DUE TO STORMS OR OTHER
CAUSES BEYOND THE CONTROL OF THE COMPANY. THE  EMERGENCY  RESPONSE  PLAN
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING: (I) THE IDEN-
TIFICATION OF MANAGEMENT STAFF RESPONSIBLE FOR COMPANY OPERATIONS DURING
AN  EMERGENCY;  (II)  A  COMMUNICATIONS  SYSTEM WITH CUSTOMERS DURING AN
EMERGENCY THAT EXTENDS BEYOND NORMAL BUSINESS HOURS AND BUSINESS  CONDI-
TIONS;  (III)  IDENTIFICATION OF AND OUTREACH PLANS TO CUSTOMERS WHO HAD
DOCUMENTED THEIR NEED FOR ESSENTIAL ELECTRICITY FOR MEDICAL NEEDS;  (IV)
IDENTIFICATION  OF  AND  OUTREACH  PLANS TO CUSTOMERS WHO HAD DOCUMENTED
THEIR NEED FOR ESSENTIAL ELECTRICITY TO  PROVIDE  CRITICAL  TELECOMMUNI-
CATIONS,   CRITICAL   TRANSPORTATION   AND  CRITICAL  FUEL  DISTRIBUTION
SERVICES; (V) DESIGNATION OF COMPANY STAFF  TO  COMMUNICATE  WITH  LOCAL
OFFICIALS AND APPROPRIATE REGULATORY AGENCIES; (VI) PROVISIONS REGARDING
HOW THE COMPANY WILL ASSURE THE SAFETY OF ITS EMPLOYEES AND CONTRACTORS;
(VII)  PROCEDURES  FOR  DEPLOYING  COMPANY  AND MUTUAL AID CREWS TO WORK
ASSIGNMENT AREAS;  (VIII)  IDENTIFICATION  OF  ADDITIONAL  SUPPLIES  AND
EQUIPMENT  NEEDED DURING AN EMERGENCY; (IX) THE MEANS OF OBTAINING ADDI-
TIONAL SUPPLIES AND EQUIPMENT; (X) PROCEDURES TO PRACTICE THE  EMERGENCY
RESPONSE PLAN; AND (XI) SUCH OTHER ADDITIONAL INFORMATION AS THE COMMIS-
SION  MAY  REQUIRE.  THE FILING WITH THE COMMISSION SHALL ALSO INCLUDE A
COPY OF ALL WRITTEN MUTUAL ASSISTANCE AGREEMENTS  AMONG  UTILITIES.  THE
COMMISSION  SHALL  ACCORD  PROTECTED TREATMENT OF CONFIDENTIAL, COMPETI-
TIVELY SENSITIVE OR OTHER PROPRIETARY INFORMATION CONTAINED IN ANY EMER-
GENCY RESPONSE PLAN.  EACH SUCH CORPORATION SHALL, ON AN  ANNUAL  BASIS,
UNDERTAKE  DRILLS  IMPLEMENTING  PROCEDURES  TO  PRACTICE  ITS EMERGENCY
MANAGEMENT PLAN.   THE  DEPARTMENT  MAY  ADOPT  ADDITIONAL  REQUIREMENTS
CONSISTENT WITH ENSURING THE REASONABLY PROMPT RESTORATION OF SERVICE IN
THE CASE OF AN EMERGENCY EVENT.
  (B)  AFTER  REVIEW  OF  A  CORPORATION'S  EMERGENCY RESPONSE PLAN, THE
COMMISSION MAY REQUIRE SUCH CORPORATION TO AMEND THE PLAN.  THE  COMMIS-
SION  MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO DETER-
MINE ITS SUFFICIENCY TO RESPOND ADEQUATELY TO AN EMERGENCY EVENT.    IF,
AFTER  HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE PLAN,

S. 2608--B                         26                         A. 3008--B

IT MAY ORDER THE COMPANY  TO  MAKE  SUCH  MODIFICATIONS  THAT  IT  DEEMS
REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
  (C)  THE  COMMISSION  IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW
THE PERFORMANCE OF ANY CORPORATION IN  RESTORING  SERVICE  OR  OTHERWISE
MEETING  THE REQUIREMENTS OF THE EMERGENCY RESPONSE PLAN DURING AN EMER-
GENCY EVENT. IF,  AFTER  EVIDENTIARY  HEARINGS  OR  OTHER  INVESTIGATORY
PROCEEDINGS, THE COMMISSION FINDS THAT THE CORPORATION FAILED TO REASON-
ABLY  IMPLEMENT ITS EMERGENCY RESPONSE PLAN OR THE LENGTH OF SUCH CORPO-
RATION'S OUTAGES WERE MATERIALLY LONGER THAN THEY WOULD  HAVE  BEEN  BUT
FOR  SUCH  FAILURE  TO REASONABLY IMPLEMENT ITS EMERGENCY RESPONSE PLAN,
THE COMMISSION MAY DENY THE RECOVERY OF ALL, OR ANY PART OF, THE SERVICE
RESTORATION COSTS, COMMENSURATE  WITH  THE  DEGREE  AND  IMPACT  OF  THE
SERVICE  OUTAGE;  PROVIDED,  HOWEVER,  THAT  NOTHING  HEREIN  LIMITS THE
COMMISSION'S AUTHORITY TO OTHERWISE COMMENCE A  PROCEEDING  PURSUANT  TO
SECTIONS TWENTY-FOUR AND TWENTY-FIVE OF THIS CHAPTER.
  (D) THE COMMISSION SHALL CERTIFY TO THE DEPARTMENT OF HOMELAND SECURI-
TY  AND  EMERGENCY  SERVICES  THAT  EACH  SUCH  CORPORATION'S  EMERGENCY
RESPONSE PLAN IS SUFFICIENT TO ENSURE TO THE  GREATEST  EXTENT  FEASIBLE
THE TIMELY AND SAFE RESTORATION OF ENERGY SERVICES AFTER AN EMERGENCY.
  S 5. Section 68 of the public service law, as amended by chapter 52 of
the laws of 1940, is amended to read as follows:
  S 68. [Approval  of incorporation and franchises; certificate] CERTIF-
ICATE OF PUBLIC CONVENIENCE AND NECESSITY.  1. CERTIFICATE REQUIRED.  No
gas  corporation  or  electric corporation shall begin construction of a
gas plant or electric plant without first having obtained the permission
and approval of the commission. No such corporation shall  exercise  any
right  or  privilege under any franchise hereafter granted, or under any
franchise heretofore granted but not heretofore actually  exercised,  or
the  exercise of which shall have been suspended for more than one year,
without first having obtained [the permission and approval of] A CERTIF-
ICATE OF PUBLIC CONVENIENCE AND  NECESSITY  ISSUED  BY  the  commission.
Before  such certificate shall be issued a certified copy of the charter
of such corporation shall be filed in  the  office  of  the  commission,
together with a verified statement of the president and secretary of the
corporation,  showing  that  it has received the required consent of the
proper municipal authorities. The commission shall have power  to  grant
the permission and approval herein specified whenever it shall after due
hearing  determine that such construction or such exercise of the right,
privilege or franchise is [necessary or] convenient  AND  NECESSARY  for
the public service. IN MAKING SUCH A DETERMINATION, THE COMMISSION SHALL
CONSIDER  THE ECONOMIC FEASIBILITY OF THE CORPORATION, THE CORPORATION'S
ABILITY TO FINANCE IMPROVEMENTS OF A GAS PLANT OR ELECTRIC PLANT, RENDER
SAFE, ADEQUATE AND RELIABLE SERVICE, AND  PROVIDE  JUST  AND  REASONABLE
RATES,  AND WHETHER ISSUANCE OF A CERTIFICATE IS IN THE PUBLIC INTEREST.
Except as provided in article [fourteen-a]  FOURTEEN-A  of  the  general
municipal  law,  no  municipality  shall build, maintain and operate for
other than municipal purposes any works or systems for  the  manufacture
and  supplying  of  gas  or  electricity for lighting purposes without a
certificate of authority granted by the commission. If  the  certificate
of  authority  is refused, no further proceedings shall be taken by such
municipality before the commission, but a new application  may  be  made
therefor after one year from the date of such refusal.
  2.  REVOCATION  OR  MODIFICATION  OF  CERTIFICATE.  THE COMMISSION MAY
COMMENCE A PROCEEDING TO REVOKE OR MODIFY SUCH CERTIFICATE AS IT RELATES
TO SUCH CORPORATION'S SERVICE TERRITORY OR ANY PORTION THEREOF BASED  ON

S. 2608--B                         27                         A. 3008--B

GOOD  CAUSE  SHOWN,  WITH  THE  INQUIRY INFORMED BY CONSIDERATION OF THE
FOLLOWING FACTORS:
  (A)  THE  FACTORS  IDENTIFIED  IN  SUBDIVISION ONE OF THIS SECTION FOR
ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY;
  (B) WHETHER ANOTHER PERSON, FIRM OR CORPORATION IS  QUALIFIED,  AVAIL-
ABLE,  AND  PREPARED  TO PROVIDE ALTERNATIVE SERVICE THAT IS ADEQUATE TO
SERVE THE PUBLIC CONVENIENCE AND NECESSITY, AND THAT THE  TRANSITION  TO
SUCH  ALTERNATIVE PERSON, FIRM OR CORPORATION IS IN THE PUBLIC INTEREST;
AND
  (C) UPON ANY OTHER STANDARDS AND PROCEDURES DEEMED  NECESSARY  BY  THE
COMMISSION  TO  ENSURE  CONTINUITY OF SAFE AND ADEQUATE SERVICE, AND DUE
PROCESS.
  S 6. Paragraph d of subdivision 1  of  section  119-b  of  the  public
service  law,  as amended by chapter 445 of the laws of 1995, is amended
to read as follows:
  d. "Underground facilities" means pipelines, conduits, ducts,  cables,
wires, GAS PRODUCTION AND GATHERING PIPELINE SYSTEMS DESIGNED TO OPERATE
AT  THREE  HUNDRED  POUNDS  PER  SQUARE  INCH GAUGE OR HIGHER, manholes,
vaults or other such facilities or their attachments[, which have  been]
installed  underground  by an operator to provide services or materials.
Such term shall not include oil [and gas] production and gathering pipe-
line systems used primarily to collect  oil  [or  gas]  production  from
wells.
  S  7.  Subdivision  4  of  section 760 of the general business law, as
amended by chapter 685 of the laws  of  1994,  is  amended  to  read  as
follows:
  4.  "Underground facilities" means pipelines, conduits, ducts, cables,
wires, GAS PRODUCTION AND GATHERING PIPELINE SYSTEMS DESIGNED TO OPERATE
AT THREE HUNDRED POUNDS PER  SQUARE  INCH  GAUGE  OR  HIGHER,  manholes,
vaults  or other such facilities or their attachments[, which have been]
installed underground by an operator to provide services  or  materials.
Such term shall not include oil [and gas] production and gathering pipe-
line  systems  used  primarily  to  collect oil [or gas] production from
wells.
  S 8. Paragraphs a and b of subdivision 1 of section 765 of the general
business law, as amended by chapter 685 of the laws of 1994, are amended
to read as follows:
  a. Failure to comply with any provision of this article shall  subject
an  excavator or an operator to a civil penalty of up to [one] TWO thou-
sand FIVE HUNDRED dollars for the first violation and  up  to  an  addi-
tional  [seven]  TEN thousand [five hundred] dollars for each succeeding
violation [which] THAT occurs [in connection with the  entire  self-same
excavation or demolition activity] within a [two] TWELVE month period.
  b.  The  penalties  provided for by this article shall not apply to an
excavator who damages an underground facility due to the failure of  the
operator  to comply with any of the provisions of this article nor shall
in such instance the excavator be liable for repairs  as  prescribed  in
subdivision [five] FOUR of this section.
  S 9. This act shall take effect immediately.

                                 PART P

  Section  1.  Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state  to  provide
special  handling  for  all documents filed or issued by the division of
corporations and to permit additional levels of such expedited  service,

S. 2608--B                         28                         A. 3008--B

as  amended by section 1 of part L of chapter 60 of the laws of 2011, is
amended to read as follows:
  S  2.  This  act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full  force  and
effect  on  and  after  April  1, 2003 and shall expire March 31, [2013]
2014.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2013.

                                 PART Q

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2013-2014
state fiscal year. Each component is wholly contained within  a  Subpart
identified  as Subparts A through E. The effective date for each partic-
ular provision contained within such Subpart is set forth  in  the  last
section of such Subpart. Any provision in any section contained within a
Subpart,  including  the  effective  date  of the Subpart, 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 corre-
sponding section of the Subpart in which it is found. Section  three  of
this Part sets forth the general effective date of this Part.

                                SUBPART A

  Section  1.  Section 579 of the banking law, as amended by chapter 629
of the laws of 2002, is amended to read as follows:
  S 579. Doing business without license  prohibited.  Only  a  [type  B]
not-for-profit corporation [as defined in section two hundred one of the
not-for-profit corporation law of this state,] or an entity incorporated
in  another  state  and  having  a  similar not-for-profit status, shall
engage in the business of budget planning as defined in subdivision  one
of  section four hundred fifty-five of the general business law [of this
state] except as authorized by this article and without first  obtaining
a license from the superintendent.
  S 2.  The opening paragraph of paragraph 1 of section 5 of the cooper-
ative  corporations  law, as amended by chapter 158 of the laws of 1978,
is amended to read as follows:
  The business corporation law applies to every  corporation  heretofore
or  hereafter  formed  under this chapter, or under any other statute or
special act of this state, or under laws other than the statutes of this
state, [which] THAT has as its purpose or among its purposes the cooper-
ative rendering of mutual help and service to its members and which,  if
formed  under  laws  other than the statutes of this state, would, if it
were to be formed currently under the laws  of  this  state,  be  formed
under this chapter except a membership cooperative as defined in section
three of this chapter, to which the not-for-profit corporation law shall
apply.  Any  corporation  to  which the business corporation law is made
applicable by this section shall be treated as a "corporation,"  "domes-
tic  corporation,"  or  "foreign corporation," as such terms are used in
the business  corporation  law;  provided,  however,  that  neither  the
purposes for which any such corporation may be formed under this chapter
nor  its  classification  as  a  non-profit corporation shall thereby be
extended or affected. Any corporation to which the not-for-profit corpo-
ration law is made applicable by this section shall be [a  type  D  not-
for-profit  corporation]  SUBJECT  TO  PROVISIONS GOVERNING CORPORATIONS

S. 2608--B                         29                         A. 3008--B

FORMED UNDER SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF SECTION  TWO  HUNDRED
ONE OF THE NOT-FOR-PROFIT CORPORATION LAW.
  S  3.  Subdivision  4  of  section 455 of the general business law, as
amended by chapter 456 of the laws  of  2006,  is  amended  to  read  as
follows:
  4.  Person or entity as used in this article shall not include a [type
B] not-for-profit corporation as defined in section two hundred  one  of
the  not-for-profit corporation law of this state, or an entity incorpo-
rated in another state  and  having  a  similar  not-for-profit  status,
licensed  by  the superintendent OF FINANCIAL SERVICES, to engage in the
business of budget planning as defined in this section.
  S 4. Paragraphs (a) and (c)  of  section  103  of  the  not-for-profit
corporation  law, paragraph (a) as amended by chapter 807 of the laws of
1973 and paragraph (c) as amended by chapter 961 of the  laws  of  1972,
are amended to read as follows:
  (a)    Except  as  otherwise  provided  in  this section, this chapter
applies to every domestic corporation as herein defined,  and  to  every
foreign  corporation as herein defined which is authorized to conduct or
which conducts any activities in this state.  This chapter also  applies
to  any other domestic corporation or foreign corporation of any type or
kind to the extent, if any, provided  under  this  chapter  or  any  law
governing  such corporation and, if no such provision for application is
made, to the extent,  if  any,  that  the  membership  corporations  law
applied to such corporation as of the effective date of this chapter.  A
corporation formed by a special act of this state which has as its prin-
cipal  purpose an education purpose and which is a member of the univer-
sity of the state of New  York,  is  an  "education  corporation"  under
section two hundred sixteen-a of the education law.
  To  the  extent  that  the  membership corporations law or the general
corporation law applied to it as of the effective date of this  chapter,
the  corresponding  provisions  of  this  chapter apply to a corporation
heretofore formed by or pursuant to a special act of  this  state  other
than  a religious corporation or an "education corporation" under clause
(b) of subdivision one of section two hundred sixteen-a of the education
law, if (1) its principal purpose is a religious, charitable  or  educa-
tion  purpose, and (2) it is operated, supervised or controlled by or in
connection with a religious organization.    Any  such  corporation  may
elect  hereunder at any time after the effective date of this chapter to
file a RESTATED certificate of [type] INCORPORATION under section  [one]
EIGHT  hundred  [thirteen  (Certificate of type of not-for-profit corpo-
ration)] FIVE (RESTATED CERTIFICATE  OF  INCORPORATION).  SUCH  RESTATED
CERTIFICATE  OF INCORPORATION SHALL MEET THE REQUIREMENTS OF SECTION 402
(CERTIFICATE OF INCORPORATION; CONTENTS).    Upon  the  filing  of  such
certificate  by the department of state, this chapter shall apply in all
respects to such corporation.
  This chapter also applies to any other  corporation  of  any  type  or
kind,  formed not for profit under any other chapter of the laws of this
state except a chapter of the consolidated  laws,  to  the  extent  that
provisions  of  this chapter do not conflict with the provisions of such
unconsolidated law.  If an applicable provision of  such  unconsolidated
law  relates to a matter embraced in this chapter but is not in conflict
therewith, both provisions shall apply.  Any corporation to  which  this
chapter  is  made  applicable  by  this  paragraph shall be treated as a
"corporation" or "domestic corporation" as such terms are used  in  this
chapter,  except  that  the  purposes  of any such corporation formed or
formable under such unconsolidated law shall not  thereby  be  extended.

S. 2608--B                         30                         A. 3008--B

For the purpose of this paragraph, the effective date of this chapter as
to  corporations  to which this chapter is made applicable by this para-
graph shall be September one, nineteen hundred seventy-three.
  (c)  If  any  provision  in articles one to thirteen inclusive of this
chapter conflicts with a provision of any subsequent articles or of  any
special  act  under which a corporation to which this chapter applies is
formed,  the  provision  in  such  subsequent  article  or  special  act
prevails.    A  provision  of any such subsequent article or special act
relating to a matter referred to in articles one to  thirteen  inclusive
and  not  in  conflict  therewith  is supplemental and both shall apply.
Whenever the board of a [Type B] corporation  FORMED  FOR  THE  PURPOSES
SPECIFIED  IN  SUBPARAGRAPH  TWO OF PARAGRAPH (B) OF SECTION TWO HUNDRED
ONE OF THIS CHAPTER, formed under a special  act,  reasonably  makes  an
interpretation  as  to  whether  a  provision of the special act or this
chapter prevails, or both apply, such interpretation shall govern unless
and until a court determines otherwise, if such board has acted in  good
faith  for  a  purpose  which  it  reasonably believes to be in the best
interests of the corporation, provided however, that such interpretation
shall not bind any governmental body or officer.
  S 5. Paragraph (e) of section 104 of  the  not-for-profit  corporation
law,  as  amended by chapter 833 of the laws of 1982, is amended to read
as follows:
  (e)  If an instrument which is delivered to the  department  of  state
for  filing  complies as to form with the requirements of law [and there
has been attached to it the consent or approval  of  the  supreme  court
justice, governmental body or officer, or, other person or body, if any,
whose consent to or approval of such instrument or the filing thereof is
required  by  any  statute of this state] and the filing fee and tax, if
any, required by any statute of this state in connection therewith  have
been  paid,  the instrument shall be filed and indexed by the department
of state.  No certificate of authentication or conformity or other proof
shall be required with respect to any verification, oath or  acknowledg-
ment  of  any instrument delivered to the department of state under this
chapter, if such verification, oath or acknowledgment purports  to  have
been  made  before  a notary public, or person performing the equivalent
function, of one of the states,  or  any  subdivision  thereof,  of  the
United  States  or the District of Columbia. Without limiting the effect
of section four hundred three of this chapter, filing  and  indexing  by
the department of state shall not be deemed a finding that a certificate
conforms to law, nor shall it be deemed to constitute an approval by the
department  of  state  of the name of the corporation or the contents of
the certificate, nor shall it be  deemed  to  prevent  any  person  with
appropriate  standing  from contesting the legality thereof in an appro-
priate forum. UPON THE WRITTEN NOTIFICATION TO THE DEPARTMENT  OF  STATE
BY  ANY  STATE  OFFICIAL, DEPARTMENT, BOARD, AGENCY OR OTHER BODY THAT A
DOMESTIC CORPORATION OR FOREIGN AUTHORIZED  CORPORATION  HAS  FAILED  TO
OBTAIN  THE  CONSENT  OR  APPROVAL  OF  SUCH STATE OFFICIAL, DEPARTMENT,
BOARD, AGENCY OR OTHER BODY  FOR  ANY  CERTIFICATE  OR  INSTRUMENT,  THE
CORPORATION'S  AUTHORITY  TO CARRY ON, CONDUCT OR TRANSACT ACTIVITIES IN
THIS STATE SHALL BE SUSPENDED.  SUCH SUSPENSION SHALL BE  ANNULLED  UPON
THE  FILING  OF  A CERTIFICATE OF AMENDMENT WITH THE REQUIRED CONSENT OR
APPROVAL ANNEXED THERETO.
  S 6. Subparagraph 7 of paragraph (a) of section 112  of  the  not-for-
profit  corporation law, as amended by chapter 1058 of the laws of 1971,
is amended to read as follows:

S. 2608--B                         31                         A. 3008--B

  (7)   To enforce any right given under  this  chapter  to  members,  a
director  or  an  officer of a [Type B or Type C] corporation FORMED FOR
THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR  OF  PARAGRAPH
(B)  OF  SECTION  TWO HUNDRED ONE OF THIS CHAPTER.  The attorney-general
shall have the same status as such members, director or officer.
  S 7. Section 113 of the not-for-profit corporation law is REPEALED.
  S  8.  Section  114 of the not-for-profit corporation law, as added by
chapter 847 of the laws of 1970, is amended to read as follows:
S 114. Visitation of supreme court.
  [Type B and Type C corporations] CORPORATIONS FORMED FOR THE  PURPOSES
SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH (B) OF SECTION
TWO HUNDRED ONE OF THIS CHAPTER, whether formed under general or special
laws,  with their books and vouchers, shall be subject to the visitation
and inspection of a justice of the  supreme  court,  or  of  any  person
appointed  by the court for that purpose.  If it appears by the verified
petition of a member or creditor of any such corporation,  that  it,  or
its directors, officers or agents, have misappropriated any of the funds
or property of the corporation, or diverted them from the purpose of its
incorporation,  or  that the corporation has acquired property in excess
of the amount which it is authorized by law to hold, or has  engaged  in
any business other than that stated in its certificate of incorporation,
the  court  may order that notice of at least eight days, with a copy of
the petition, be served on the corporation and the persons charged  with
misconduct,  requiring them to show cause at a time and place specified,
why they should not be required  to  make  and  file  an  inventory  and
account  of  the  property,  effects and liabilities of such corporation
with a detailed statement of its transactions during the  twelve  months
next  preceding  the  granting  of  such order.   On the hearing of such
application, the court may  make  an  order  requiring  such  inventory,
account  and  statement  to  be  filed, and proceed to take and state an
account of the property and  liabilities  of  the  corporation,  or  may
appoint  a  referee  for  that purpose.   When such account is taken and
stated, after hearing all the parties to the application, the court  may
enter  a  final  order determining the amount of property so held by the
corporation, its annual income, whether any of the property or funds  of
the  corporation  have  been  misappropriated  or  diverted to any other
purpose than that for  which  such  corporation  was  incorporated,  and
whether such corporation has been engaged in any activity not covered by
its certificate of incorporation.  An appeal may be taken from the order
by  any  party aggrieved to the appellate division of the supreme court,
and to the court of appeals, as in a civil action.  No corporation shall
be required to make and file more than one inventory and account in  any
one  year, nor to make a second account and inventory, while proceedings
are pending for the statement of an account under this section.
  S 9. Paragraph (b) of section 201 of  the  not-for-profit  corporation
law,  as  amended by chapter 847 of the laws of 1970, is amended to read
as follows:
  (b) A corporation, [of a type  and]  for  a  purpose  or  purposes  as
follows,  may  be  formed under this chapter, provided consents required
under any other statute of this state have been obtained:
  [Type A - A not-for-profit corporation of this type may be formed] (1)
for any lawful non-business  purpose  or  purposes  including,  but  not
limited  to,  any  one  or more of the following non-pecuniary purposes:
civic, patriotic, political, social, fraternal, athletic,  agricultural,
horticultural,  animal  husbandry,  and  for a professional, commercial,
industrial, trade or service association.

S. 2608--B                         32                         A. 3008--B

  [Type B - A not-for-profit corporation of this type may be formed] (2)
for any one or more of the following non-business purposes:  charitable,
educational,  religious,  scientific,  literary,  cultural  or  for  the
prevention of cruelty to children or animals.
  [Type C - A not-for-profit corporation of this type may be formed] (3)
for  any  lawful  business  purpose to achieve a lawful public or quasi-
public objective.
  [Type D - A not-for-profit corporation of  this  type  may  be  formed
under  this  chapter] (4) when such formation is authorized by any other
corporate law of this state for any business or non-business, or pecuni-
ary or non-pecuniary, purpose or purposes specified by such  other  law,
whether such purpose or purposes are also within [types A, B, C] SUBPAR-
AGRAPHS ONE, TWO OR THREE above or otherwise.
  S  10.  Paragraph (c) of section 201 of the not-for-profit corporation
law, as amended by chapter 1058 of the laws of 1971, is amended to  read
as follows:
  (c)  If  a  corporation  is formed for purposes which are [within both
type A and type B above, it  is  a  type  B  corporation]  SPECIFIED  IN
SUBPARAGRAPHS  ONE  AND  TWO  OF  PARAGRAPH  (B)  OF  THIS  SECTION, ALL
PROVISIONS GOVERNING  CORPORATIONS  FORMED  FOR  PURPOSES  SPECIFIED  IN
SUBPARAGRAPH  TWO  OF  PARAGRAPH (B) OF THIS SECTION SHALL APPLY TO SUCH
CORPORATION.  [If a corporation has among its purposes any purpose which
is within type C, such corporation is a type C corporation.] A [type  D]
corporation  [is  subject  to  all  provisions of this chapter which are
applicable to a type B corporation under this chapter]  FORMED  PURSUANT
TO  SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF THIS SECTION SHALL BE GOVERNED
BY ALL PROVISIONS GOVERNING CORPORATIONS FORMED FOR  PURPOSES  SPECIFIED
IN  PARAGRAPH  TWO OF SUBDIVISION (B) OF THIS SECTION unless provided to
the contrary in, and subject to the contrary provisions  of,  the  other
corporate law authorizing formation under this chapter of [the type D]
 SUCH corporation.
  S  11.  Subparagraph 3 of paragraph (a) of section 301 of the not-for-
profit corporation law is amended to read as follows:
  (3)  Shall not contain any word or  phrase,  or  any  abbreviation  or
derivative  thereof,  the  use  of  which is prohibited or restricted by
[section 404 (Approvals and consents) or]  any  other  statute  of  this
state,  [unless  in  the latter case the] EXCEPT IN COMPLIANCE WITH SUCH
restrictions [have been complied with].
  S 12. Subparagraphs 2 and 4 of paragraph (a) of  section  402  of  the
not-for-profit corporation law, subparagraph 2 as amended by chapter 847
of  the laws of 1970 and subparagraph 4 as amended by chapter 679 of the
laws of 1985, are amended to read as follows:
  (2) That the corporation is a corporation as defined  in  subparagraph
(a)  (5) of section 102 (Definitions); the purpose or purposes for which
it is formed [and the type of corporation it shall be under section  201
(Purposes)];  and  in  the  case  of  a  [Type C] corporation FORMED FOR
PURPOSES SPECIFIED IN SUBPARAGRAPH THREE OF PARAGRAPH (B) OF SECTION 201
(PURPOSES), the lawful public or  quasi-public  objective  [which]  each
business purpose will achieve.
  (4)  [In the case of a Type A, Type B, or Type C corporation, the] THE
names and addresses of the initial directors. In the case of a [Type  D]
corporation  FORMED  UNDER SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF SECTION
201 (PURPOSES), the names and addresses of  the  initial  directors,  if
any, may but need not be set forth.
  S  13.  Paragraph (d) of section 502 of the not-for-profit corporation
law is amended to read as follows:

S. 2608--B                         33                         A. 3008--B

  (d) A member's capital contribution shall be evidenced  by  a  capital
certificate which shall be non-transferable, except that the certificate
of incorporation of a [Type A] corporation FORMED FOR THE PURPOSES SPEC-
IFIED IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SECTION 201 (PURPOSES) may
provide that its capital certificates, or some of them, may be transfer-
able to other members with the consent of the corporation upon specified
terms and conditions.
  S  14.  Paragraph (b) of section 503 of the not-for-profit corporation
law, subparagraph 1 as amended by chapter 847 of the laws  of  1970,  is
amended to read as follows:
  (b)  Each  capital  certificate  shall when issued state upon the face
thereof:
  [(1) That the corporation is a Type .....  corporation  under  section
113 or section 402 of the New York Not-for-Profit Corporation Law.
  (2)] (1) The name of the member to whom issued.
  [(3)] (2) The amount of the member's capital contribution evidenced by
such certificate.
  [(4)]  (3)  If  appropriate,  [that the corporation is a Type A corpo-
ration, and] IN THE CASE OF A CORPORATION FORMED  FOR  THE  PURPOSES  OF
SUBPARAGRAPH  (1)  OF  PARAGRAPH (B) OF SECTION 201 (PURPOSES), that its
certificate of incorporation provides that the  capital  certificate  is
transferable to other members with the consent of the corporation.
  S  15.  Subparagraph 1 of paragraph (b) of section 505 of the not-for-
profit corporation law, as amended by chapter 847 of the laws  of  1970,
is  REPEALED, and subparagraphs 2, 3, 4, 5 and 6 are renumbered subpara-
graphs 1, 2, 3, 4, and 5.
  S 16. Subparagraph 3 of paragraph (a) of section 510 of  the  not-for-
profit  corporation  law, as amended by chapter 847 of the laws of 1970,
is amended to read as follows:
  (3) If the corporation is, or would be if formed under this  chapter[,
classified  as a Type B or Type C corporation under] FOR PURPOSES SPECI-
FIED IN SUBPARAGRAPH TWO OR THREE OF PARAGRAPH  (B)  OF  section  201[,]
(Purposes) [such]. A sale, lease, exchange or other disposition shall in
addition  require leave of the supreme court in the judicial district or
of the county court of the county  in  which  the  corporation  has  its
office  or principal place of carrying out the purposes for which it was
formed.
  S 17. Paragraph (a) of section 513 of the  not-for-profit  corporation
law,  as  amended by chapter 690 of the laws of 1978, is amended to read
as follows:
  (a) [A] UNLESS OTHERWISE PROVIDED BY LAW  OR  IN  THE  CERTIFICATE  OF
INCORPORATION, A corporation [which is, or would be if formed under this
chapter,  classified as a Type B corporation shall] MAY hold full owner-
ship rights in any assets consisting of funds or other real or  personal
property  of any kind, that may be given, granted, bequeathed or devised
to or otherwise vested in such corporation  in  trust  for,  or  with  a
direction to apply the same to, any purpose specified in its certificate
of  incorporation, and shall not be deemed a trustee of an express trust
of such assets, EXCEPT FOR CORPORATIONS FORMED FOR PURPOSES SPECIFIED IN
SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SECTION 201 (PURPOSES).  [Any other
corporation subject  to  this  chapter  may  similarly  hold  assets  so
received,  unless  otherwise  provided  by  law or in the certificate of
incorporation.]
  S 18. Paragraph (a) of section 601 of the  not-for-profit  corporation
law,  as amended by chapter 1058 of the laws of 1971, is amended to read
as follows:

S. 2608--B                         34                         A. 3008--B

  (a) A corporation [shall] MAY have one or more classes of members, or,
[in the case of a Type B corporation,] may have no  members[,  in  which
case  any  such  provision  for classes of members or for no members]. A
CORPORATION WHICH HAS ONE OR MORE CLASSES  OF  MEMBERS  shall  [be]  set
forth  in the certificate of incorporation or the by-laws PROVISIONS FOR
SUCH CLASSES OF MEMBERS.  Corporations, joint-stock associations,  unin-
corporated  associations  and  partnerships, as well as any other person
without limitation, may be members.
  S 19. Subparagraph 3 of paragraph (a) of section 803 of  the  not-for-
profit  corporation law, as added by chapter 168 of the laws of 1982, is
amended to read as follows:
  (3) That the corporation is a corporation as defined  in  subparagraph
(a)  (5)  of  section  102 (Definitions)[; the type of corporation it is
under  section  201  (Purposes);  and  if  the  corporate  purposes  are
enlarged, limited or otherwise changed, the type of corporation it shall
thereafter be under section 201].
  S  20.  Subparagraph  (ii) of paragraph (a) of section 804 of the not-
for-profit corporation law, as amended by chapter 139  of  the  laws  of
1993, is amended to read as follows:
  (ii)  Every  certificate  of amendment of a corporation [classified as
type B or type C under] FORMED FOR THE PURPOSES  SPECIFIED  IN  SUBPARA-
GRAPH  TWO  OR  THREE  OF  PARAGRAPH (B) OF section 201 (Purposes) which
seeks to change or eliminate a purpose or power enumerated in the corpo-
ration's certificate of incorporation, or to add a power or purpose  not
enumerated  therein,  shall have endorsed thereon or annexed thereto the
approval of a justice of the supreme court of the judicial  district  in
which the office of the corporation is located. Ten days' written notice
of the application for such approval shall be given to the attorney-gen-
eral.
  S  21.  Paragraphs  (a)  and  (c) of section 907 of the not-for-profit
corporation law are amended to read as follows:
  (a) [Where any constituent corporation or the consolidated corporation
is, or would be if formed under this chapter, a  Type  B  or  a  Type  C
corporation under section 201 (Purposes) of this chapter, no] NO certif-
icate  shall  be filed pursuant to section 904 (Certificate of merger or
consolidation; contents) or  section  906  BY  CORPORATIONS  (Merger  or
consolidation  of  domestic  and  foreign  corporations)  FORMED FOR THE
PURPOSES SPECIFIED IN SUBPARAGRAPH TWO OR  THREE  OF  PARAGRAPH  (B)  OF
SECTION  201  (PURPOSES)  until an order approving the plan of merger or
consolidation and authorizing the filing of  the  certificate  has  been
made by the supreme court, as provided in this section. A certified copy
of  such  order shall be annexed to the certificate of merger or consol-
idation. Application for the order may be made in the judicial  district
in  which  the  principal office of the surviving or consolidated corpo-
ration is to be located, or in which the office of one of  the  domestic
constituent  corporations  is  located. The application shall be made by
all the constituent corporations jointly and shall set forth by  affida-
vit  (1)  the plan of merger or consolidation, (2) the approval required
by section 903 (Approval of plan) or paragraph (b) of section 906 (Merg-
er or consolidation of  domestic  and  foreign  corporations)  for  each
constituent  corporation,  (3)  the  objects  and  purposes of each such
corporation to be promoted by the consolidation, (4) a statement of  all
property, and the manner in which it is held, and of all liabilities and
of the amount and sources of the annual income of each such corporation,
(5)  whether  any votes against adoption of the resolution approving the
plan of merger or consolidation were cast at the meeting  at  which  the

S. 2608--B                         35                         A. 3008--B

resolution  as  adopted  by  each constituent corporation, and (6) facts
showing that the consolidation is authorized by the laws of  the  juris-
dictions  under  which  each of the constituent corporations is incorpo-
rated.
  (c)  If  the  court  shall  find  that any of the assets of any of the
constituent corporations are held for [a] ANY purpose specified [as Type
B] in SUBPARAGRAPH  TWO  OR  THREE  OF  paragraph  (b)  of  section  201
(PURPOSES)  or are legally required to be used for a particular purpose,
but not upon a condition requiring return,  transfer  or  conveyance  by
reason of the merger or consolidation, the court may, in its discretion,
direct  that  such assets be transferred or conveyed to the surviving or
consolidated corporation subject to such purpose or use,  or  that  such
assets  be  transferred  or  conveyed  to  the surviving or consolidated
corporation or to one or more other domestic or foreign corporations  or
organizations  engaged  in  substantially  similar  activities,  upon an
express trust the terms of which shall be approved by the court.
  S 22. Paragraphs (a) and (f) of  section  908  of  the  not-for-profit
corporation law are amended to read as follows:
  (a)  One  or more domestic or foreign corporations [which is, or would
be if formed under this chapter, a type A or type  C  corporation  under
section 201 (Purposes)] may be merged or consolidated into a domestic or
foreign  corporation  which  is, or would be if formed under the laws of
this state, a corporation formed under the business corporation  law  of
this state if such merger or consolidation is not contrary to the law of
the  state of incorporation of any constituent corporation. With respect
to such merger or consolidation,  any  reference  in  paragraph  (b)  of
section  901  [of  this  article]  (POWER OF MERGER OR CONSOLIDATION) or
paragraph (b) of section 901 of the business corporation law to a corpo-
ration shall, unless the context otherwise requires, include both domes-
tic and foreign corporations.
  (f) [Where any constituent corporation is, or would be if formed under
this chapter, a Type C corporation under section 201 (Purposes), no]  NO
certificate  shall  be  filed  pursuant  to this section BY CORPORATIONS
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO OR THREE OF  PARA-
GRAPH (B) OF SECTION 201 (PURPOSES) until an order approving the plan of
merger  or  consolidation  and authorizing the filing of the certificate
has been made by the supreme court, as provided in section 907 (Approval
by the supreme court).
  S 23. Paragraphs (b) and (c) and subparagraph 3 of  paragraph  (d)  of
section  1001 of the not-for-profit corporation law, as amended by chap-
ter 434 of the laws of 2006, are amended to read as follows:
  (b) If [the] A corporation [is a Type  B,  C  or  D  corporation  and]
FORMED  FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF
PARAGRAPH (B) OF SECTION 201 (PURPOSES) has no assets to distribute  and
no liabilities at the time of dissolution, the plan of dissolution shall
include a statement to that effect.
  (c)  If  [the]  A  corporation  [is  a Type B, C or D corporation and]
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR  OF
PARAGRAPH  (B) OF 201 (PURPOSES) has no assets to distribute, other than
a reserve not to exceed twenty-five thousand dollars for the purpose  of
paying ordinary and necessary expenses of winding up its affairs includ-
ing  attorney  and accountant fees, and liabilities not in excess of ten
thousand dollars at the time of adoption of the plan of dissolution, the
plan of dissolution shall include a statement to that effect.
  (3) if there are assets received and held by the corporation  [either]
for  a  purpose  specified  [as  Type B] in SUBPARAGRAPH TWO OR THREE OF

S. 2608--B                         36                         A. 3008--B

paragraph (b) of section 201 (Purposes)  or  [which]  THAT  are  legally
required  to  be  used  for  a  particular purpose, a statement that the
assets owned by the corporation, subject to any  unpaid  liabilities  of
the corporation, shall be distributed as required by any gift instrument
or  to  a  charitable organization or organizations exempt from taxation
pursuant to federal and state laws and engaged  in  activities  substan-
tially similar to those of the dissolved corporation.  Each such recipi-
ent  organization  shall  be identified and the governing instrument and
amendments thereto of each of the proposed recipient organizations shall
be annexed to such statement, along with the financial reports  of  each
recipient  organization  for  the last three years and a sworn affidavit
from a director and officer of each recipient organization  stating  the
purposes  of  the  organization,  and  that  it is currently exempt from
federal income taxation.
  S 24. Paragraphs (a) and (d) of section  1002  of  the  not-for-profit
corporation  law,  as  amended  by  chapter 434 of the laws of 2006, are
amended to read as follows:
  (a) Upon adopting a plan of dissolution and  distribution  of  assets,
the  board  shall  submit  it to a vote of the members, if any, and such
plan shall be approved at a meeting of members  by  two-thirds  vote  as
provided  in  paragraph  (c) of section 613 (Vote of members); provided,
however, that if the corporation is [a  Type  B,  C  or  D  corporation]
FORMED  FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF
PARAGRAPH (B) OF SECTION 201 (PURPOSES), other than a corporation incor-
porated pursuant to article 15 (Public cemetery corporations), [and] has
no assets to distribute, other than a reserve not to exceed  twenty-five
thousand  dollars  for  the  purpose  of  paying  ordinary and necessary
expenses of winding up its affairs  including  attorney  and  accountant
fees,  and liabilities not in excess of ten thousand dollars at the time
of adoption of the plan of dissolution, the vote required by the  corpo-
ration's  board  of directors for adoption of the plan of dissolution of
such a corporation or by the corporation's members for the authorization
thereof shall be:
  (1) In the case of a vote by the board of directors: (i) the number of
directors required under the certificate of incorporation, by-laws, this
chapter and any other applicable law; or
  (ii) if the number of directors actually holding office as such at the
time of the vote to adopt the plan is less than the number  required  to
constitute a quorum of directors under the certificate of incorporation,
the  by-laws,  this  chapter  or any other applicable law, the remaining
directors unanimously;
  (2) In the case of a vote by the members, (i) the  number  of  members
required  under  the certificate of incorporation, by-laws, this chapter
and any other applicable law; or (ii) by the vote of members  authorized
by  an order of the supreme court pursuant to section 608 [of this chap-
ter] (QUORUM AT  MEETING  OF  MEMBERS)  permitting  the  corporation  to
dispense with the applicable quorum requirement.
  Notice of a special or regular meeting of the board of directors or of
the  members  entitled to vote on adoption and authorization or approval
of the plan of dissolution shall  be  sent  to  all  the  directors  and
members  of  record entitled to vote. Unless otherwise directed by order
of the supreme court pursuant to section 608 [of this  chapter]  (QUORUM
AT  MEETING  OF  MEMBERS),  the  notice shall be sent by certified mail,
return receipt requested, to the last known address of  record  of  each
director  and member not fewer than thirty, and not more than sixty days
before the date of each meeting provided,  however,  that  if  the  last

S. 2608--B                         37                         A. 3008--B

known  address  of  record  of  any director or member is not within the
United States, the notice to such director shall be sent  by  any  other
reasonable means.
  (d)  The  plan  of  dissolution  and distribution of assets shall have
annexed thereto the approval of a justice of the supreme  court  in  the
judicial  district  in which the office of the corporation is located in
the case of a [Type B, C or D]corporation FORMED FOR THE PURPOSES SPECI-
FIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH (B) OF SECTION  201
(PURPOSES),  and in the case of any other corporation which holds assets
at the time of dissolution legally required to be used for a  particular
purpose,  except that no such approval shall be required with respect to
the plan of dissolution of  a  corporation,  other  than  a  corporation
incorporated  pursuant  to  article  15  (Public cemetery corporations),
which has no assets to distribute at the time of dissolution, other than
a reserve not to exceed twenty-five thousand dollars for the purpose  of
paying ordinary and necessary expenses of winding up its affairs includ-
ing  attorney  and accountant fees, and liabilities not in excess of ten
thousand dollars, and  which  has  complied  with  the  requirements  of
section  1001  (Plan of dissolution and distribution of assets) and this
section applicable to such a corporation.  Application  to  the  supreme
court for an order for such approval shall be by verified petition, with
the  plan of dissolution and distribution of assets and certified copies
of the consents prescribed by this section annexed thereto, and upon ten
days written notice to the attorney general  accompanied  by  copies  of
such  petition,  plan  and  consents.  In  such case where approval of a
justice of the supreme court is not required for a  [Type  B,  C  or  D]
corporation FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE
OR  FOUR OF PARAGRAPH (B) OF SECTION 201 (PURPOSES), a copy of such plan
certified under penalties of perjury shall be filed  with  the  attorney
general within ten days after its authorization.
  S  25.  Subparagraph  1 of paragraph (c) of section 1002-a of the not-
for-profit corporation law, as amended by chapter 434  of  the  laws  of
2006, is amended to read as follows:
  (1) assets received and held by the corporation [either] for a purpose
specified  [as  Type B] in SUBPARAGRAPH TWO OR THREE OF paragraph (b) of
section 201 (Purposes) or which are legally required to be  used  for  a
particular  purpose,  shall  be  distributed  to one or more domestic or
foreign  corporations  or  other  organizations  engaged  in  activities
substantially  similar to those of the dissolved corporation pursuant to
the plan of dissolution and distribution or, if applicable,  as  ordered
by  the court to which such plan is submitted for approval under section
1002 (Authorization of plan). Any disposition of assets contained  in  a
will  or  other  instrument, in trust or otherwise, made before or after
the dissolution, to or for the benefit of any corporation  so  dissolved
shall  inure  to  or  for the benefit of the corporation or organization
acquiring such assets of the dissolved corporation as provided  in  this
section,  and so far as is necessary for that purpose the corporation or
organization acquiring such disposition shall be deemed a  successor  to
the  dissolved corporation with respect to such assets; provided, howev-
er, that such disposition shall be devoted by the acquiring  corporation
or organization to the purposes intended by the testator, donor or gran-
tor.
  S  26. Subparagraph 4 of paragraph (a) of section 1003 of the not-for-
profit corporation law is REPEALED and subparagraphs 5, 6, 7 and  8  are
renumbered subparagraphs 4, 5, 6 and 7.

S. 2608--B                         38                         A. 3008--B

  S  27. Subparagraph 2 of paragraph (b) of section 1003 of the not-for-
profit corporation law, as amended by chapter 434 of the laws  of  2006,
is amended to read as follows:
  (2)  By  the attorney general in the case of a [Type B, C or D] corpo-
ration FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO,  THREE  OR
FOUR  OF  PARAGRAPH  (B)  OF SECTION 201 (PURPOSES), or any other corpo-
ration that holds assets at the time of dissolution legally required  to
be used for a particular purpose.
  S 28. Subparagraph 15 of paragraph (a) of section 1008 of the not-for-
profit  corporation  law, as amended by chapter 434 of the laws of 2006,
is amended to read as follows:
  (15) Where assets were received and held by the corporation either for
a purpose specified [as Type B] in SUBPARAGRAPH TWO OR  THREE  OF  para-
graph (b) of section 201 (Purposes), or were legally required to be used
for a particular purpose, the distribution of such assets to one or more
domestic  or  foreign  corporations  or  other  organizations engaged in
activities substantially similar to those of the dissolved  corporation,
on notice to the attorney general and to such other persons, and in such
manner, as the court may deem proper.
  S  29. Subparagraph 6 of paragraph (a) of section 1012 of the not-for-
profit corporation law is REPEALED.
  S 30. Section 1302 of the not-for-profit corporation law,  as  amended
by chapter 847 of the laws of 1970, is amended to read as follows:
S 1302. Application to existing authorized foreign corporations.
  Every  foreign corporation which on the effective date of this chapter
is authorized to conduct activities in this state under a certificate of
authority heretofore issued to  it  by  the  secretary  of  state  shall
continue to have such authority.  Such foreign corporation, its members,
directors,  and  officers  shall  have  the same rights, franchises, and
privileges and shall be subject to the same  limitations,  restrictions,
liabilities,  and  penalties  as  a foreign corporation authorized under
this chapter, its members, directors,  and  officers  respectively.    A
foreign  corporation  [may  by amendment to its certificate of authority
set forth the type of corporation it is under  section  201  (Purposes);
and  in  the absence of such amendment an authorized foreign corporation
shall be a Type B corporation] SHALL BE SUBJECT TO PROVISIONS  GOVERNING
CORPORATIONS  FORMED  UNDER SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SECTION
201 (PURPOSES), UNLESS OTHERWISE REQUIRED BY LAW.    Reference  in  this
chapter to an application for authority shall, unless the context other-
wise  requires,  include the statement and designation and any amendment
thereof required to be filed by the secretary of state under prior stat-
utes to obtain a certificate of authority.
  S 31. Subparagraph 4 of paragraph (a) of section 1304 of the  not-for-
profit  corporation  law,  as amended by chapter 847 of the laws of 1970
and as renumbered by chapter 590 of the laws of 1982, is amended to read
as follows:
  (4) That the corporation  is  a  foreign  corporation  as  defined  in
subparagraph  (a)  (7) of section 102 (Definitions); [the type of corpo-
ration it shall be under section 201 (Purposes);]  a  statement  of  its
purposes  to  be  pursued  in  this state and of the activities which it
proposes to conduct in this state; a statement that it is authorized  to
conduct  those  activities in the jurisdiction of its incorporation; and
in the case of a [Type C] corporation FORMED FOR THE PURPOSES  SPECIFIED
IN  SUBPARAGRAPH  THREE  OF PARAGRAPH (B) OF SECTION 201 (PURPOSES), the
lawful public or quasi-public objective which each business purpose will
achieve.

S. 2608--B                         39                         A. 3008--B

  S 32. Paragraph (a) of section 1321 of the not-for-profit  corporation
law,  subparagraphs  1, 2 and 3 as amended by chapter 847 of the laws of
1970, are amended to read as follows:
  (a)    Notwithstanding  any other provision of this chapter, a foreign
corporation conducting activities in  this  state  which  is  authorized
under this article, its directors, officers and members, shall be exempt
from  the  provisions  of  paragraph  (e)  of section 1317 (Voting trust
records), subparagraph (a) (1) of section 1318 (Liabilities of directors
and officers of foreign  corporations),  and  subparagraph  (a)  (2)  of
section  1320 (Applicability of other provisions) if when such provision
would otherwise apply[:
  (1) The corporation is a Type A corporation under this  chapter;  its]
THE CORPORATION'S principal activities are conducted outside this state;
the  greater part of its property is located outside this state; and (1)
less than one third of its members are residents of this state; or
  (2)  [The corporation is a Type B corporation under this chapter;  its
principal  activities are conducted outside this state; the greater part
of its property is located outside this state; and] less  than  ten  per
cent of its annual revenues is derived from solicitation of funds within
this state; or
  (3)   [The corporation is a Type C corporation under this chapter; its
principal activities are conducted outside this state; the greater  part
of  its  property is located outside this state; and] less than one half
of its revenues for the preceding three fiscal years,  or  such  portion
thereof  as  the  foreign corporation was in existence, was derived from
sources within this state.
  S 33.  Paragraph (d) of section 1401 of the not-for-profit corporation
law is REPEALED and paragraph (e) is relettered paragraph (d).
  S 34. Paragraph (b) of section 1402 of the not-for-profit  corporation
law  is REPEALED and paragraphs (c), (d), (e), (f), (g), (h) and (i) are
relettered paragraphs (b), (c), (d), (e), (f), (g) and (h).
  S 35. Paragraph (c) of section 1403 of the not-for-profit  corporation
law is REPEALED.
  S  36. Paragraph (b) of section 1404 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d) and  (e)  are  relettered  para-
graphs (b), (c) and (d).
  S  37. Paragraph (b) of section 1405 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d),  (e)  and  (f)  are  relettered
paragraphs (b), (c) (d) and (e).
  S  38. Paragraph (b) of section 1406 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d),  (e)  and  (f)  are  relettered
paragraphs (b), (c), (d) and (e).
  S  39. Paragraph (b) of section 1407 of the not-for-profit corporation
law is REPEALED and paragraphs (c) and (d) are relettered paragraphs (b)
and (c).
  S 40. Paragraph (b) of section 1408 of the not-for-profit  corporation
law is REPEALED and paragraph (c) is relettered paragraph (b).
  S  41. Paragraph (b) of section 1409 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d), (e), (f), (g),  (h),  (i),  (j)
and (k) are relettered paragraphs (b), (c), (d), (e), (f), (g), (h), (i)
and (j).
  S  42. Paragraph (b) of section 1410 of the not-for-profit corporation
law is REPEALED and paragraph (c) is relettered paragraph (b).
  S 43. Paragraph (b) of section 1411 of the not-for-profit  corporation
law  is REPEALED and paragraphs (c), (d), (e), (f), (g), (h) and (i) are
relettered paragraphs (b), (c), (d), (e), (f), (g) and (h).

S. 2608--B                         40                         A. 3008--B

  S 44. Paragraph (d) of section 1412 of the not-for-profit  corporation
law  is  REPEALED  and  paragraphs (e), (f) and (g) are relettered para-
graphs (d), (e) and (f), respectively.
  S  45. Paragraph (c) of section 1505 of the not-for-profit corporation
law is REPEALED and paragraph (d) is relettered paragraph (c).
  S 46. Subdivision 2 of section 2-b of the religious  corporations  law
is  REPEALED  and subdivisions 3 and 4 are renumbered subdivisions 2 and
3.
  S 47. This act shall take effect on the sixtieth day  after  it  shall
have become a law.

                                SUBPART B

  Section  1.  Paragraph  (e) of section 104 of the business corporation
law, as amended by chapter 832 of the laws of 1982, is amended  to  read
as follows:
  (e) If an instrument which is delivered to the department of state for
filing  complies  as  to  form  with  the  requirements of law and WHERE
REQUIRED BY STATUTE there  has  been  attached  to  it  the  consent  or
approval  of  the  state  official, [department, board,] agency or other
body, if any, whose consent to or approval of  such  instrument  or  the
filing  thereof  is required by any statute of this state and the filing
fee and tax, if any, required by any statute of this state in connection
therewith have been paid, the instrument shall be filed and  indexed  by
the  department of state. No certificate of authentication or conformity
or other proof shall be required with respect to any verification,  oath
or acknowledgment of any instrument delivered to the department of state
under  this  chapter,  if  such  verification,  oath  or  acknowledgment
purports to have been made before a notary public, or person  performing
the equivalent function, of one of the states, or any subdivision there-
of,  of  the United States or the District of Columbia. Without limiting
the effect of section four hundred three of  this  chapter,  filing  and
indexing by the department of state shall not be deemed a finding that a
certificate  conforms  to  law,  nor shall it be deemed to constitute an
approval by the department of state of the name of  the  corporation  or
the  contents  of the certificate, nor shall it be deemed to prevent any
person with appropriate standing from contesting the legality thereof in
an appropriate forum. UPON THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF
STATE BY ANY STATE OFFICIAL, DEPARTMENT, BOARD,  AGENCY  OR  OTHER  BODY
THAT A DOMESTIC CORPORATION OR FOREIGN AUTHORIZED CORPORATION HAS FAILED
TO  OBTAIN  THE  CONSENT OR APPROVAL OF SUCH STATE OFFICIAL, DEPARTMENT,
BOARD, AGENCY OR OTHER BODY  FOR  ANY  CERTIFICATE  OR  INSTRUMENT,  THE
CORPORATION'S  AUTHORITY  TO  CARRY  ON, CONDUCT OR TRANSACT BUSINESS IN
THIS STATE SHALL BE SUSPENDED. SUCH SUSPENSION SHALL  BE  ANNULLED  UPON
THE  FILING  OF  A CERTIFICATE OF AMENDMENT WITH THE REQUIRED CONSENT OR
APPROVAL ANNEXED THERETO.
  S 2. Paragraphs (b) and (e) of section 201 of the business corporation
law, paragraph (b) as amended by chapter 182 of the laws  of  1981,  and
paragraph  (e)  as  amended by section 71 of part A of chapter 58 of the
laws of 2010, are amended to read as follows:
  (b) [The] CERTIFICATION THAT  approval  of  the  industrial  board  of
appeals HAS BEEN OBTAINED is required for the filing with the department
of  state  of any certificate of incorporation, certificate of merger or
consolidation or application of a foreign corporation for  authority  to
do  business  in  this  state  which states as the purpose or one of the
purposes of the corporation the formation of an organization  of  groups

S. 2608--B                         41                         A. 3008--B

of  working  men or women or wage earners, or the performance, rendition
or sale of services as labor consultant or as advisor  on  labor-manage-
ment  relations  or  as  arbitrator  or  negotiator  in labor-management
disputes.
  (e) A corporation may not include as its purpose or among its purposes
the  establishment  or  maintenance  of a hospital or facility providing
health related services, as those terms are defined in  article  twenty-
eight  of  the public health law unless its certificate of incorporation
shall so state and such certificate [shall  have  annexed  thereto  the]
INCLUDES  A  CERTIFICATION THAT approval of the public health and health
planning council OF SUCH PURPOSE HAS BEEN OBTAINED.
  S 3. Clause (B) of subparagraph 5 of paragraph (a) of section  301  of
the  business  corporation law, as amended by chapter 155 of the laws of
2012, is amended to read as follows:
  (B) Shall not contain any of the following words, or any  abbreviation
or derivative thereof:
   acceptance             endowment           loan
   annuity                fidelity            mortgage
   assurance              finance             savings
   bank                   guaranty            surety
   benefit                indemnity           title
   bond                   insurance           trust
   casualty               investment          underwriter
   doctor                 lawyer
unless  the  [approval  of  the  superintendent of financial services is
attached to  the]  certificate  of  incorporation,  or  application  for
authority or amendment thereof INCLUDES A CERTIFICATION THAT APPROVAL OF
THE  SUPERINTENDENT  OF  FINANCIAL SERVICES HAS BEEN OBTAINED; or [that]
UNLESS the word "doctor" or "lawyer" or an  abbreviation  or  derivation
thereof is used in the name of a university faculty practice corporation
formed pursuant to section fourteen hundred twelve of the not-for-profit
corporation law or a professional service corporation formed pursuant to
article  fifteen  of  this  chapter,  or  a foreign professional service
corporation authorized to do business in this state pursuant to  article
fifteen-A  of  this  chapter,  the  members or shareholders of which are
composed exclusively of doctors or lawyers, respectively, or are used in
a context which clearly denotes a purpose other than the practice of law
or medicine.
  S 4. Subparagraphs 6, 7 and 11 of paragraph (a) of section 301 of  the
business  corporation  law,  subparagraph 7 as amended by chapter 555 of
the laws of 1978 and subparagraph 11 as added by chapter 316 of the laws
of 2005, are amended to read as follows:
  (6) Shall not, unless [the approval of the state  board  of  standards
and  appeals is attached to] the certificate of incorporation, or appli-
cation for authority or amendment thereof INCLUDES A CERTIFICATION  THAT
THE  APPROVAL  OF  THE  STATE  BOARD  OF  STANDARDS AND APPEALS HAS BEEN
OBTAINED, contain any of the following words or phrases, or any abbrevi-
ation or derivative thereof:  union, labor, council,  industrial  organ-
ization,  in  a  context  which  indicates  or implies that the domestic
corporation is formed or the foreign corporation authorized as an organ-
ization of working men or women or wage earners or for the  performance,
rendition or sale of services as labor or management consultant, adviser
or  specialist,  or  as  negotiator  or  arbitrator  in labor-management
disputes.
  (7) Shall not, unless [the approval of the state department of  social
services  is  attached to] the certificate of incorporation, or applica-

S. 2608--B                         42                         A. 3008--B

tion for authority or amendment thereof INCLUDES  A  CERTIFICATION  THAT
THE  APPROVAL  OF  THE  STATE  DEPARTMENT  OF  SOCIAL  SERVICES HAS BEEN
OBTAINED, contain the word "blind" or "handicapped". Such approval shall
be granted by the state department of social services, if in its opinion
the word "blind" or "handicapped" as used in the corporate name proposed
will  not  tend to mislead or confuse the public into believing that the
corporation is organized for charitable or non-profit  purposes  related
to the blind or the handicapped.
  (11)  Shall  not, unless [the consent of the commissioner of education
is endorsed on or annexed to] the certificate of incorporation  INCLUDES
A  CERTIFICATION  THAT  THE CONSENT OF THE COMMISSIONER OF EDUCATION HAS
BEEN OBTAINED, contain the words  "school;"  "education;"  "elementary;"
"secondary;"  "kindergarten;"  "prekindergarten;"  "preschool;" "nursery
school;"  "museum;"  "history;"  "historical;"   "historical   society;"
"arboretum;" "library;" "college;" "university" or other term restricted
by section two hundred twenty-four of the education law; "conservatory,"
"academy,"  or  "institute,"  or  any abbreviation or derivative of such
terms. Such consent shall not be granted by the commissioner  of  educa-
tion,  if  in  the  commissioner's opinion, the use of such terms in the
corporate name is likely to mislead or confuse the public into believing
that the corporation is organized for non-profit educational purposes or
for educational business purposes that are not specified in  the  corpo-
rate purposes and powers contained in its certificate of incorporation.
  S  5. Section 406 of the business corporation law, as amended by chap-
ter 558 of the laws of 1999, is amended to read as follows:
S 406. Filing of a certificate of incorporation; facility for alcoholism
         or alcohol abuse, substance  abuse,  substance  dependence,  or
         chemical abuse or dependence.
  Every  certificate of incorporation which includes among its corporate
purposes the establishment or operation of a  program  of  services  for
alcoholism  or  alcohol abuse, substance abuse, substance dependence, or
chemical abuse or dependence shall [have  endorsed  thereon  or  annexed
thereto]  INCLUDE  A CERTIFICATION THAT the approval of the commissioner
of the state office of alcoholism and substance abuse  services  OF  THE
PURPOSES HAS BEEN OBTAINED.
  S  6.  Paragraph (a) of section 806 of the business corporation law is
amended to read as follows:
  (a) The department of state shall not file a certificate of  amendment
reviving the existence of a corporation unless THE CERTIFICATE OF AMEND-
MENT  INCLUDES A CERTIFICATION THAT the consent of the state tax commis-
sion to the revival [is delivered to the department] HAS BEEN  OBTAINED.
If  the  name  of  the  corporation being revived is not available under
section 301 (Corporate name; general) for  use  by  a  corporation  then
being  formed  under  this  chapter,  the certificate of amendment shall
change the name to one which is available for such use.
  S 7. Paragraph (a) of section 1003 of the business corporation law  is
amended by adding two new subparagraphs 6 and 7 to read as follows:
  (6)  A  CERTIFICATION  THAT  CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE DISSOLUTION HAS BEEN OBTAINED.
  (7) WITH RESPECT TO ANY CORPORATION THAT HAS DONE BUSINESS IN THE CITY
OF NEW YORK AND INCURRED LIABILITY FOR ANY TAX OR CHARGE  UNDER  CHAPTER
SIX,  SEVEN, EIGHT, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN, TWENTY-ONE,
TWENTY-FOUR, TWENTY-FIVE OR TWENTY-SEVEN OF TITLE ELEVEN OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, A CERTIFICATION  THAT  CONSENT  OF
THE  COMMISSIONER  OF FINANCE OF THE CITY OF NEW YORK TO THE DISSOLUTION
HAS BEEN OBTAINED.

S. 2608--B                         43                         A. 3008--B

  S 8. Paragraph (a) of section 1004 of the business corporation law, as
amended by chapter 201 of the laws  of  2009,  is  amended  to  read  as
follows:
  (a) [The department shall not file such certificate unless the consent
of  the  state  department of taxation and finance to the dissolution is
attached thereto.] Upon [such] filing SUCH CERTIFICATE, the  corporation
is dissolved.
  S  9. Paragraph (b) of section 1004 of the business corporation law is
REPEALED.
  S 10. Subparagraph 8 of paragraph (a) of section 1304 of the  business
corporation  law,  as  amended by chapter 684 of the laws of 1963 and as
renumbered by chapter 590 of the laws of 1982, is  amended  to  read  as
follows:
  (8)  A statement that the foreign corporation has not since its incor-
poration or since the date its authority to do business  in  this  state
was  last  surrendered, engaged in any activity in this state, except as
set forth in paragraph (b) of section  1301  (Authorization  of  foreign
corporations),  or  in  lieu thereof A CERTIFICATION THAT the consent of
the state tax commission  to  the  filing  of  the  application[,  which
consent shall be attached thereto] HAS BEEN OBTAINED.
  S 11. Paragraph (a) of section 1310 of the business corporation law is
amended by adding a new subparagraph 7 to read as follows:
  (7)  A  CERTIFICATION  THAT  CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE SURRENDER OF AUTHORITY HAS BEEN OBTAINED.
  S 12. Paragraph (b) of section 1310 of the business corporation law is
REPEALED, and paragraphs (c) and (d) are relettered (b) and (c).
  S 13. Section 216 of the education law, as amended by chapter  901  of
the  laws  of 1972, and the closing paragraph as added by chapter 316 of
the laws of 2005, is amended to read as follows:
  S 216. Charters. Under such name, with  such  number  of  trustees  or
other managers, and with such powers, privileges and duties, and subject
to  such limitations and restrictions in all respects as the regents may
prescribe in conformity to law, they may, by an instrument  under  their
seal  and recorded in their office, incorporate any university, college,
academy, library, museum, or other institution or  association  for  the
promotion  of  science,  literature, art, history or other department of
knowledge, or  of  education  in  any  way,  associations  of  teachers,
students,  graduates of educational institutions, and other associations
whose approved purposes are, in whole or  in  part,  of  educational  or
cultural  value  deemed  worthy  of recognition and encouragement by the
university. No institution or association which might be incorporated by
the regents under this chapter shall, without their consent, be incorpo-
rated under any other general law. An institution or  association  which
might  be  incorporated  by the regents under this chapter may, with the
consent of the commissioner of education, be formed under  the  business
corporation  law  or  pursuant  to the not-for-profit corporation law if
[such consent of the commissioner  of  education  is  attached  to]  its
certificate  of  incorporation  INCLUDES A CERTIFICATION THAT CONSENT OF
THE COMMISSIONER OF EDUCATION TO THE INCORPORATION OF  SUCH  INSTITUTION
OR  ASSOCIATION HAS BEEN OBTAINED.  No individual, association, partner-
ship, company or corporation not authorized by special charter from  the
legislature  of  this  state or by charter from the regents to operate a
museum, or arboretum shall knowingly use, advertise or transact business
under the names "museum," or "arboretum," or any name, title or descrip-
tive material indicating or tending to imply that said individual, asso-
ciation, partnership, company or corporation conducts, carries on, or is

S. 2608--B                         44                         A. 3008--B

such a business when it is not, or that it is authorized to  operate  as
such,  unless  the right to do so has been granted by the regents or the
commissioner in writing. Any violation of  this  paragraph  shall  be  a
misdemeanor.  Notwithstanding  any  other  provision of this section, an
individual, association, partnership, company or corporation doing busi-
ness under any of such names on the effective date of this paragraph may
come into compliance with this paragraph by  obtaining  consent  of  the
regents or the commissioner within one year of such effective date.
  S  14.  Paragraph  (c)  of subdivision 2 of section 130 of the general
business law, as amended by chapter 316 of the laws of 2005, is  amended
to read as follows:
  (c)  No  corporation, limited partnership or limited liability company
shall use or file a certificate for the use of any name  or  designation
to carry on or conduct or transact business in this state which consists
of  or  includes  a  word  or  words  the  use of which is prohibited or
restricted by subparagraphs three through eleven  of  paragraph  (a)  of
section  three  hundred  one of the business corporation law or subpara-
graphs three through nine of paragraph (a) of section three hundred  one
and  paragraph  (w)  of  section four hundred four of the not-for-profit
corporation law, or  paragraph  three  of  subdivision  (a)  of  section
121-102  of  the  partnership  law,  or  subdivisions (d) through (i) of
section two hundred four of the limited liability company  law,  respec-
tively,  [without having obtained any necessary] UNLESS SUCH CERTIFICATE
INCLUDES A CERTIFICATION THAT SUCH consents  or  approvals  which  would
permit  the  use  of  the  word  or words pursuant to such laws HAS BEEN
OBTAINED, OR WHERE REQUIRED BY STATUTE, SUCH CERTIFICATE HAS CONSENTS OR
APPROVALS ENDORSED THEREON OR ARE ANNEXED THERETO.
  S 15. Subdivision 11 of section 130 of the general  business  law,  as
added by chapter 316 of the laws of 2005, is amended to read as follows:
  11.  Notwithstanding any other provision of this section, an education
corporation may not file a  certificate  under  this  section  with  the
secretary  of  state,  unless  SUCH CERTIFICATE INCLUDES A CERTIFICATION
THAT the consent of the board of regents  [is  endorsed  on  or  annexed
thereto]  HAS  BEEN OBTAINED.  Nothing in this subdivision shall invali-
date a certificate lawfully filed by an education  corporation  pursuant
to this section prior to the effective date of this subdivision.
  S  16. Subdivision (f) of section 204 of the limited liability company
law, as amended by chapter 155 of the laws of 2012, is amended  to  read
as follows:
  (f) shall not contain the following words, or any abbreviation
or derivative thereof:
            acceptance                    guaranty
            annuity                       indemnity
            assurance                     insurance
            attorney                      investment
            bank                          lawyer
            benefit                       loan
            bond                          mortgage
            casualty                      savings
            doctor                        surety
            endowment                     title
            fidelity                      trust
            finance                       underwriter
unless  the  [approval  of  the  superintendent of financial services is
attached to the] articles of organization INCLUDE A  CERTIFICATION  THAT
APPROVAL  OF  THE SUPERINTENDENT OF FINANCIAL SERVICES HAS BEEN OBTAINED

S. 2608--B                         45                         A. 3008--B

or unless the word "doctor" or "lawyer" or an abbreviation or derivative
thereof is used in a context that clearly denotes a purpose  other  than
the practice of law or medicine;
  S 17. Subdivisions (g) and (i) of section 204 of the limited liability
company  law,  subdivision  (i)  as  added by chapter 316 of the laws of
2005, are amended to read as follows:
  (g) shall not, unless [the approval of the state department of  social
services is attached to] the articles of organization or application for
authority INCLUDE A CERTIFICATION THAT THE APPROVAL OF THE STATE DEPART-
MENT  OF  SOCIAL SERVICES HAS BEEN OBTAINED, contain the word "blind" or
"handicapped." Such approval shall be granted by the state department of
social services if in its opinion the word "blind" or  "handicapped"  as
used  in  the limited liability company's proposed name will not tend to
mislead or confuse the public into believing that the limited  liability
company is organized for charitable or nonprofit purposes related to the
blind or the handicapped; and
  (i)  shall not, UNLESS THE ARTICLES OF ORGANIZATION OR APPLICATION FOR
AUTHORITY INCLUDE A CERTIFICATION THAT THE CONSENT OF  THE  COMMISSIONER
OF  EDUCATION  HAS BEEN OBTAINED, contain the following terms: "school,"
"education," "elementary," "secondary,"  "kindergarten,"  "prekindergar-
ten,"  "preschool," "nursery school," "museum," "history," "historical,"
"historical society," "arboretum," "library," "college," "university" or
other term restricted by section two hundred twenty-four of  the  educa-
tion  law; "conservatory," "academy," or "institute" or any abbreviation
or derivative of such terms[, shall have  endorsed  thereon  or  annexed
thereto the consent of the commissioner of education].
  S  18.  Section 209 of the limited liability company law is amended to
read as follows:
  S 209. Filing with the department  of  state.  A  signed  articles  of
organization  and  any  signed certificate of amendment or other certif-
icates filed pursuant to this chapter  or  of  any  judicial  decree  of
amendment or cancellation shall be delivered to the department of state.
If  the  instrument  that  is  delivered  to the department of state for
filing complies as to form with the requirements of law and  the  filing
fee  required  by  any statute of this state in connection therewith has
been paid, the instrument shall be filed and indexed by  the  department
of  state.  The  department  of  state shall not review such articles or
certificates for legal sufficiency;  its  review  shall  be  limited  to
determining that the form has been completed. UPON THE WRITTEN NOTIFICA-
TION  TO  THE  DEPARTMENT  OF  STATE  BY ANY STATE OFFICIAL, DEPARTMENT,
BOARD, AGENCY OR OTHER BODY THAT A DOMESTIC LIMITED LIABILITY COMPANY OR
FOREIGN AUTHORIZED LIMITED LIABILITY COMPANY HAS FAILED  TO  OBTAIN  THE
CONSENT OR APPROVAL OF SUCH STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY OR
OTHER  BODY  FOR  ANY  CERTIFICATE  OR INSTRUMENT, THE LIMITED LIABILITY
COMPANY'S AUTHORITY TO CARRY ON, CONDUCT OR TRANSACT  BUSINESS  IN  THIS
STATE  SHALL  BE  SUSPENDED.  SUCH SUSPENSION SHALL BE ANNULLED UPON THE
FILING OF A CERTIFICATE  OF  AMENDMENT  WITH  THE  REQUIRED  CONSENT  OR
APPROVAL ANNEXED THERETO.
  S  19. Clause (B) of subparagraph 5 of paragraph (a) of section 301 of
the not-for-profit corporation law, as amended by  chapter  155  of  the
laws of 2012, is amended to read as follows:
  (B)  Shall not contain any of the following words, or any abbreviation
or derivative thereof:

acceptance             fidelity               mortgage

S. 2608--B                         46                         A. 3008--B

annuity                finance                savings

assurance              guaranty               surety

bank                   indemnity              title

bond                   insurance              trust

casualty               investment             underwriter

doctor                 lawyer

endowment              loan

unless  [the  approval  of  the  superintendent of financial services is
attached to]  the  certificate  of  incorporation,  or  application  for
authority  or  amendment  thereof[;]  INCLUDES  A CERTIFICATION THAT THE
APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES HAS BEEN  OBTAINED,
or  [that]  UNLESS  the word "doctor", OR "lawyer", or the phrase "state
police" or "state trooper" or an  abbreviation  or  derivation  thereof,
[may  be]  IS  used  ONLY in the name of a corporation the membership of
which is composed exclusively of doctors, lawyers,  state  policemen  or
state troopers, respectively.
  S 20. Section 404 of the not-for-profit corporation law, as amended by
chapter  139  of the laws of 1993, paragraph (b) as amended by section 4
of part D of chapter 58 of the laws of 2006, paragraphs (c), (k) and (l)
as further amended by section 104 of part A of chapter 62 of the laws of
2011, paragraphs (a), (c), (d), (e), (f), (g), (h), (i), (j), (k),  (l),
(m), (n) and (r) as relettered by chapter 431 of the laws of 1993, para-
graph  (g)  as  separately  amended  by chapter 201 of the laws of 1993,
paragraphs (o), (p) and (t) as amended by section 79 of part A of  chap-
ter  58  of the laws of 2010, paragraph (q) as amended by chapter 198 of
the laws of 2010, paragraph (u) as amended by chapter 558 of the laws of
1999, paragraph (v) as added by chapter 598 of the laws of 2000  and  as
further  amended  by  section 104 of part A of chapter 62 of the laws of
2011, paragraph (w) as amended by chapter 316 of the laws  of  2005,  is
amended to read as follows:
S 404. Approvals and consents.
  (a)  Every  certificate  of  incorporation  which  includes  among its
purposes the formation of a trade or  business  association  shall  have
endorsed thereon or annexed thereto the consent of the attorney-general.
  (b)  (1)  Every  certificate of incorporation which includes among its
purposes the care of  destitute,  delinquent,  abandoned,  neglected  or
dependent  children;  the  establishment  or operation of any adult care
facility, or the establishment or operation of a residential program for
victims of domestic violence as defined in subdivision four  of  section
four hundred fifty-nine-a of the social services law, or the placing-out
or  boarding-out of children or a home or shelter for unmarried mothers,
excepting the establishment or maintenance of  a  hospital  or  facility
providing  health-related services as those terms are defined in article
twenty-eight of the public health law and a facility for which an  oper-
ating  certificate is required by articles sixteen, nineteen, twenty-two
and thirty-one of  the  mental  hygiene  law;  or  the  solicitation  of
contributions  for  any  such  purpose or purposes, shall [have endorsed
thereon or annexed thereto] INCLUDE A CERTIFICATION THAT the approval of
the commissioner of the office of children and family services, or  with

S. 2608--B                         47                         A. 3008--B

respect  to any adult care facility, the commissioner of health, OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (2)  A  corporation  whose statement of purposes specifically includes
the establishment or operation of a child day care center, as that  term
is  defined  in section three hundred ninety of the social services law,
shall provide a certified copy of the certificate of incorporation, each
amendment thereto, and  any  certificate  of  merger,  consolidation  or
dissolution  involving  such  corporation  to the office of children and
family services within thirty days after the filing of such certificate,
amendment, merger, consolidation or dissolution with the  department  of
state.  This  requirement  shall  also  apply to any foreign corporation
filing an application for authority under section thirteen hundred  four
of  this chapter, any amendments thereto, and any surrender of authority
or termination of authority in this state of such corporation.
  (c) Every  certificate  of  incorporation  which  includes  among  the
purposes  of  the corporation, the establishment, maintenance and opera-
tion of a hospital service or a health  service  or  a  medical  expense
indemnity  plan or a dental expense indemnity plan as permitted in arti-
cle forty-three of the insurance law, shall [have  endorsed  thereon  or
annexed thereto] INCLUDE A CERTIFICATION THAT the approval of the super-
intendent  of  financial services and the commissioner of health OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (d) Every certificate of incorporation which includes  a  purpose  for
which  a corporation might be chartered by the regents of the university
of the State of New York shall [have endorsed thereon or annexed  there-
to]  INCLUDE  A  CERTIFICATION  THAT  the consent of the commissioner of
education TO SUCH PURPOSE HAS BEEN OBTAINED.
  (e) Every certificate of  incorporation  of  a  cemetery  corporation,
except  those  within the exclusionary provisions of section 1503 (Ceme-
tery corporations) shall [have  endorsed  thereon  or  annexed  thereto]
INCLUDE  A CERTIFICATION THAT the approval of the cemetery board OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (f) Every certificate of incorporation of  a  fire  corporation  shall
[have  endorsed thereon or annexed thereto] INCLUDE A CERTIFICATION THAT
the approval, signed and acknowledged, of the authorities of each  city,
village, town or fire district in which the corporation proposes to act,
OF SUCH PURPOSE HAS BEEN OBTAINED. Such authorities shall be: in a city,
the mayor; in a village, a majority of the trustees; in a town, a major-
ity  of the members of the town board; in a fire district, a majority of
the fire commissioners. The members of the town board of a town, or  the
trustees  of  a  village,  shall  not consent to the formation of a fire
corporation as hereinbefore provided, until such board shall have held a
public hearing on the question of whether the  fire  company  should  be
incorporated.  The  notice shall be published at least once in each week
for two successive weeks in the  official  newspaper  published  in  the
county  in  which  such fire corporation intends to locate, prior to the
regular meeting of such board designated by the chairman of the board to
consider the matter. Such notice shall contain the name of the  proposed
company,  the  names  of the persons signing the certificate of incorpo-
ration, a brief description of the territory to be protected by the fire
company and that all persons interested shall be heard. If no  newspaper
is  published  in the county the publication of the notice shall be in a
newspaper in an adjoining county selected by the chairman of such board.
All expenses in connection with such publication shall be borne  by  the
parties making the application and paid before the hearing.

S. 2608--B                         48                         A. 3008--B

  (g) Every certificate of incorporation of a corporation for prevention
of  cruelty  to animals shall [have endorsed thereon or annexed thereto]
INCLUDE A CERTIFICATION THAT the approval of the  American  Society  for
the  Prevention of Cruelty to Animals OF SUCH PURPOSE HAS BEEN OBTAINED,
or, if such approval be withheld thirty days after application therefor,
a  certified  copy  of an order of a justice of the supreme court of the
judicial district in which the  office  of  the  corporation  is  to  be
located,  dispensing with such approval, granted upon eight days' notice
to such society.
  (h) Every certificate of incorporation  of  a  Young  Men's  Christian
Association  shall  [have endorsed thereon or annexed thereto] INCLUDE A
CERTIFICATION THAT the approval of the chairman of the national board of
Young Men's Christian Associations OF SUCH PURPOSE HAS BEEN OBTAINED.
  (i) Every  certificate  of  incorporation  which  indicates  that  the
proposed  corporation  is  to solicit funds for or otherwise benefit the
armed forces of the United States or of any foreign  country,  or  their
auxiliaries, or of this or any other state or any territory, shall [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
approval of the chief of staff OF SUCH PURPOSE HAS BEEN OBTAINED.
  (j) Every  certificate  of  incorporation  which  includes  among  its
purposes  the  organization of wage-earners for their mutual betterment,
protection and advancement; the regulation of hours  of  labor,  working
conditions,  or wages; or the performance, rendition or sale of services
as labor consultant, labor-management advisor,  negotiator,  arbitrator,
or  specialist; and every certificate of incorporation in which the name
of the proposed corporation  includes  "union",  "labor",  "council"  or
"industrial  organization", or any abbreviation or derivative thereof in
a context that indicates or implies that the corporation is  formed  for
any of the above purposes, shall [have endorsed thereon or annexed ther-
eto]  INCLUDE  A CERTIFICATION THAT the approval of the industrial board
of appeals OF SUCH PURPOSE HAS BEEN OBTAINED. The board shall make  such
inquiry  into  the purposes of the proposed corporation as it shall deem
advisable and shall order a hearing if necessary to determine whether or
not such purposes are in all respects consistent with public policy  and
the labor law. Notice of the time and place of hearing shall be given to
the applicants and such other persons as the board may determine.
  (k)  Every certificate of incorporation for a corporation which has as
its exclusive purpose the promotion of the  interests  of  savings  bank
life insurance or the promotion of the interests of member banks may, if
the  CERTIFICATE  INCLUDES  A  CERTIFICATION THAT approval of the super-
intendent of financial services [is endorsed thereon or annexed thereto]
HAS BEEN OBTAINED, use as a part of the corporate name any of the  words
or  phrases,  or  any  abbreviation  or derivative thereof, set forth in
subparagraph (5) of paragraph (a) of section 301 (Corporate name; gener-
al).
  (l) Every certificate of incorporation for a corporation which has  as
its  exclusive purpose the creation of an association of licensed insur-
ance agents, licensed insurance brokers, or  licensed  insurance  under-
writers  and  every  application  for authority of a foreign corporation
which is an independent laboratory engaged in testing for public safety,
or which has as its purpose the advancement of corporate,  governmental,
and  institutional  risk  and  insurance management, or which has as its
exclusive purpose the creation of an association of  insurers,  each  of
which  is  duly  licensed in this state or, if it does no business or is
not licensed in this state, is duly licensed in another state or foreign
jurisdiction may, if  the  CERTIFICATE  INCLUDES  A  CERTIFICATION  THAT

S. 2608--B                         49                         A. 3008--B

approval of the superintendent of financial services [is endorsed there-
on or annexed thereto] HAS BEEN OBTAINED, use as a part of the corporate
name  any  of  the  words  or phrases, or any abbreviation or derivative
thereof,  set  forth in subparagraph (5) of paragraph (a) of section 301
(Corporate name; general).
  (m) Every certificate of  incorporation  in  which  the  name  of  the
proposed  corporation includes the name of a political party shall [have
endorsed thereon or annexed thereto] INCLUDE A  CERTIFICATION  THAT  the
consent  of the chairman of the county committee of such political party
of the county in which the office of the corporation is  to  be  located
HAS  BEEN  OBTAINED,  except in cases where the supreme court finds that
the withholding of such consent of the county chairman is unreasonable.
  (n) Every certificate of  incorporation  in  which  the  name  of  the
proposed  corporation  includes the words "American Legion," shall [have
endorsed thereon or annexed thereto] INCLUDE A  CERTIFICATION  THAT  the
approval  of  the  Department  of  New  York,  the American Legion, duly
acknowledged by its commander or adjutant HAS BEEN OBTAINED.
  (o) Every certificate of incorporation which includes among its corpo-
rate purposes or powers the establishment or maintenance of  any  hospi-
tal, as defined in article twenty-eight of the public health law, or the
solicitation  of  contributions for any such purpose, or purposes, shall
[have endorsed thereon or annexed thereto] INCLUDE A CERTIFICATION  THAT
the  approval  of  the public health and health planning council OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (p) Every certificate of incorporation of  a  medical  corporation  as
defined  in  article  forty-four  of the public health law and organized
pursuant thereto and pursuant to  this  chapter,  shall  [have  endorsed
thereon  or annexed thereto] INCLUDE A CERTIFICATION THAT the consent of
the commissioner of health TO and the approval of the public health  and
health planning council OF SUCH PURPOSE HAS BEEN OBTAINED.
  (q) Every certificate of incorporation which includes among its corpo-
rate  purposes  or  powers the establishment, or operation of a facility
for which an operating  certificate  from  the  commissioner  of  mental
health  is  required by article thirty-one of the mental hygiene law, or
the solicitation of contributions for  any  such  purpose,  shall  [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
approval of the commissioner of mental health OF SUCH PURPOSE  HAS  BEEN
OBTAINED.
  (r)  Every certificate of incorporation of a health maintenance organ-
ization as defined in article forty-four of the public  health  law  and
organized  pursuant  thereto  and  pursuant to this chapter, shall [have
endorsed thereon or annexed thereto] INCLUDE A  CERTIFICATION  THAT  the
consent of the commissioner of health TO SUCH PURPOSE HAS BEEN OBTAINED.
  (t)  Every  certificate  of  incorporation  which  includes  among its
purposes and powers the establishment or maintenance of  a  hospital  or
facility  providing  health related services, as those terms are defined
in article twenty-eight of the public health law, or the solicitation of
contributions for any such purpose or two  or  more  of  such  purposes,
shall  [have endorsed thereon] INCLUDE A CERTIFICATION THAT the approval
of the public health and health planning council  OF  SUCH  PURPOSE  HAS
BEEN OBTAINED.
  (u)  Every  certificate  of  incorporation  which  includes  among the
purposes of  the  corporation,  the  establishment  or  operation  of  a
substance  abuse,  substance  dependence,  alcohol abuse, alcoholism, or
chemical abuse or dependence program, or the  solicitation  of  contrib-
utions  for  any  such  purpose, shall [have endorsed thereon or annexed

S. 2608--B                         50                         A. 3008--B

thereto] INCLUDE A CERTIFICATION THAT the consent of the commissioner of
the office of alcoholism and substance abuse services to its  filing  by
the department of state TO SUCH PURPOSE HAS BEEN OBTAINED.
  (v)  Every  certificate  of  incorporation  which  includes  among the
purposes of the corporation, the establishment, maintenance  and  opera-
tion  of  a  nonprofit  property/casualty insurance company, pursuant to
article sixty-seven of the insurance law, shall [have  endorsed  thereon
or  annexed  thereto]  INCLUDE  A CERTIFICATION THAT the approval of the
superintendent of financial services OF SUCH PURPOSE HAS BEEN OBTAINED.
  (w) Every certificate of  incorporation  in  which  the  name  of  the
proposed corporation includes the terms: "school," "education," "elemen-
tary,"   "secondary,"  "kindergarten,"  "prekindergarten,"  "preschool,"
"nursery school," "museum," "history," "historical," "historical  socie-
ty,"  "arboretum,"  "library,"  "college,"  "university"  or  other term
restricted by section two hundred  twenty-four  of  the  education  law;
"conservatory," "academy," or "institute," or any abbreviation or deriv-
ative  of  such  terms, shall [have endorsed thereon or annexed thereto]
INCLUDE A CERTIFICATION THAT the consent of the commissioner  of  educa-
tion HAS BEEN OBTAINED.
  S  21.  Paragraphs  (a)  and  (b) of section 804 of the not-for-profit
corporation law, as amended by chapter 139 of the laws of 1993, subpara-
graph (i) of paragraph (a) as amended by chapter  198  of  the  laws  of
2010, are amended to read as follows:
  (a) (i) A certificate of amendment shall not be filed if the amendment
adds,  changes or eliminates a purpose, power or provision the inclusion
of which in a certificate of incorporation requires consent or  approval
of a governmental body or officer or any other person or body, or if the
amendment  changes the name of a corporation whose certificate of incor-
poration had such consent or approval endorsed thereon or annexed there-
to, unless such consent  or  approval  is  no  longer  required,  or  AS
REQUIRED  BY STATUTE, SUCH CONSENT OR APPROVAL is endorsed on or annexed
to OR the certificate of amendment INCLUDES A  CERTIFICATION  THAT  SUCH
CONSENT OR APPROVAL HAS BEEN OBTAINED.
  (ii)  Every  certificate  of amendment of a corporation [classified as
type B or type C under section 201 (Purposes)] FORMED FOR  THE  PURPOSES
SPECIFIED  IN  SUBPARAGRAPH TWO OR THREE OF PARAGRAPH (B) OF SECTION 201
(PURPOSES) which seeks to change or eliminate a purpose or power enumer-
ated in the corporation's certificate of  incorporation,  or  to  add  a
power or purpose not enumerated therein, shall [have endorsed thereon or
annexed  thereto] INCLUDE A CERTIFICATION THAT the approval of a justice
of the supreme court of the judicial district in which the office of the
corporation is located HAS BEEN OBTAINED.  Ten days' written  notice  of
the  application for such approval shall be given to the attorney-gener-
al.
  (b) The department of state shall not file a certificate of  amendment
reviving  the existence of a corporation unless THE CERTIFICATE INCLUDES
A CERTIFICATION THAT the REQUIRED consent or approval of a  governmental
body  or officer or any other person or body [required to be endorsed on
or annexed to the certificate of incorporation of a  corporation  formed
for  similar  purposes,  is  attached thereto] HAS BEEN OBTAINED, or, if
notice to the attorney-general was required prior to the filing  of  its
certificate  of incorporation, the certificate of amendment should indi-
cate that such notice has been given as required by law.
  S 22. Section 909 of the not-for-profit corporation law, as amended by
section 6 of part D of chapter 58 of the laws of  2006,  is  amended  to
read as follows:

S. 2608--B                         51                         A. 3008--B

S 909. Consent to filing.
  If  the  purposes of any constituent or consolidated corporation would
require the approval or consent of any governmental body or  officer  or
any  other  person or body under section 404 (Approvals and consents) no
certificate of merger or consolidation shall be filed pursuant  to  this
article  unless  THE  CERTIFICATE  INCLUDES  A  CERTIFICATION  THAT such
approval OF or consent [is endorsed thereon or annexed thereto] TO  SUCH
PURPOSE HAS BEEN OBTAINED OR WHERE REQUIRED BY STATUTE, SUCH APPROVAL OR
CONSENT  IS  ENDORSED  THEREON OR ANNEXED THERETO.   A corporation whose
statement of purposes specifically includes the establishment or  opera-
tion  of  a  child  day  care center, as that term is defined in section
three hundred ninety of the social services law, shall provide a  certi-
fied  copy  of any certificate of merger or consolidation involving such
corporation to the office of children and family services within  thirty
days  after  the filing of such merger or consolidation with the depart-
ment of state.
  S 23. Paragraph (a) of section 1003 of the not-for-profit  corporation
law  is  amended  by  adding  two  new  subparagraphs 8 and 9 to read as
follows:
  (8) A CERTIFICATION THAT THE CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE DISSOLUTION HAS BEEN OBTAINED.
  (9) WITH RESPECT TO ANY CORPORATION THAT HAS DONE BUSINESS IN THE CITY
OF NEW YORK AND INCURRED LIABILITY FOR ANY TAX OR CHARGE  UNDER  CHAPTER
SIX,  SEVEN, EIGHT, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN, TWENTY-ONE,
TWENTY-FOUR, TWENTY-FIVE OR TWENTY-SEVEN OF TITLE ELEVEN OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, A CERTIFICATION  THAT  CONSENT  OF
THE  COMMISSIONER  OF FINANCE OF THE CITY OF NEW YORK TO THE DISSOLUTION
HAS BEEN OBTAINED.
  S 24. Paragraph (a) of section 1004 of the not-for-profit  corporation
law,  as  amended by chapter 201 of the laws of 2009, is amended to read
as follows:
  (a) [The department of state shall not file a certificate  of  dissol-
ution unless the consent of the state department of taxation and finance
to  the  dissolution  is attached thereto.] Upon filing the certificate,
the corporation is dissolved.
  S 25. Paragraph (b) of section 1004 of the not-for-profit  corporation
law is REPEALED.
  S  26.  Subparagraph  8  of paragraph (a) and paragraph (c) of section
1304 of the not-for-profit corporation law, subparagraph 8 of  paragraph
(a)  as  renumbered  by  chapter 590 of the laws of 1982, are amended to
read as follows:
  (8) A statement that the foreign corporation has not, since its incor-
poration or since the date its authority to conduct activities  in  this
state  was  last  surrendered, done any act in this state, except as set
forth in paragraph (b) of section 1301 (Authorization of foreign  corpo-
rations);  or in lieu of such statement A CERTIFICATION THAT the consent
of the state tax commission to the filing of the application  [shall  be
attached thereto] HAS BEEN OBTAINED.
  (c)  If the application for authority sets forth any purpose or activ-
ity for which a domestic corporation  could  be  formed  only  with  the
consent or approval of any governmental body or officer, or other person
or  body  under  section  404 (Approvals and consents), such APPLICATION
SHALL INCLUDE A CERTIFICATION THAT THE consent TO or approval [shall  be
endorsed  thereon or annexed thereto] OF SUCH PURPOSE HAS BEEN OBTAINED,
OR WHERE REQUIRED BY STATUTE, SUCH APPROVAL OR CONSENT IS ENDORSED THER-
EON OR ANNEXED THERETO.

S. 2608--B                         52                         A. 3008--B

  S 27. Paragraph (c) of section 1309 of the not-for-profit  corporation
law,  as added by chapter 961 of the laws of 1972, is amended to read as
follows:
  (c)  A certificate of amendment of application for authority shall not
be filed, if the amendment adds, changes or eliminates a purpose,  power
or  provision  the  inclusion  of  which in an application for authority
requires consent or approval of any  governmental  body  or  officer  or
other  person  or body, or if the amendment changes the name of a corpo-
ration whose application for authority  had  such  consent  or  approval
endorsed  thereon  or  annexed thereto, unless such AMENDMENT INCLUDES A
CERTIFICATION THAT SUCH consent  TO  or  approval  [is  endorsed  on  or
annexed  to  the  certificate of amendment] of application for authority
HAS BEEN OBTAINED, OR  WHERE  REQUIRED  BY  STATUTE,  SUCH  APPROVAL  OR
CONSENT IS ENDORSED THEREON OR ANNEXED THERETO.
  S  28. Paragraph (a) of section 1311 of the not-for-profit corporation
law is amended by adding a new paragraph 7 to read as follows:
  (7) A CERTIFICATION THAT CONSENT OF THE  DEPARTMENT  OF  TAXATION  AND
FINANCE TO THE SURRENDER OF AUTHORITY HAS BEEN OBTAINED.
  S  29. Paragraph (c) of section 1311 of the not-for-profit corporation
law is REPEALED and paragraph (d) is relettered paragraph (c).
  S 30. Paragraph (b) of section 1505  of  the  not-for-profit  law,  as
added by chapter 871 of the laws of 1977, is amended to read as follows:
  (b)    Cemetery board endorsement.  Every certificate of incorporation
of  a  cemetery  corporation,  except  those  within  the   exclusionary
provisions of section fifteen hundred three, shall [have endorsed there-
on  or annexed thereto] INCLUDE A CERTIFICATION THAT the approval of the
cemetery board as required in subdivision (e) of  section  four  hundred
four of this chapter HAS BEEN OBTAINED.
  S  31.  Subparagraphs (A) and (B) of paragraph 3 of subdivision (a) of
section 121-102 of the partnership law, subparagraph (A) as  amended  by
chapter  316 of the laws of 2005, subparagraph (B) as amended by chapter
155 of the laws of 2012, are amended to read as follows:
  (A) may not contain the  following  phrases  or  any  abbreviation  or
derivative thereof:
          board of trade                state trooper
          chamber of commerce           tenant relocation
          community renewal             urban development
          state police                  urban relocation
  Every  certificate  of  limited  partnership  in which the name of the
proposed limited partnership includes the terms: "school,"  "education,"
"elementary,"     "secondary,"     "kindergarten,"    "prekindergarten,"
"preschool,"  "nursery  school,"  "museum,"   "history,"   "historical,"
"historical society," "arboretum," "library," "college," "university" or
other  term  restricted by section two hundred twenty-four of the educa-
tion law; "conservatory," "academy," or "institute," or any abbreviation
or derivative of such terms, shall [have  endorsed  thereon  or  annexed
thereto] INCLUDE A CERTIFICATION THAT the consent of the commissioner of
education HAS BEEN OBTAINED.
  (B) may not contain the following words, or any abbreviation or deriv-
ative thereof:
          acceptance                    indemnity
          annuity                       insurance
          assurance                     investment
          bank                          lawyer
          benefit                       loan
          bond                          mortgage

S. 2608--B                         53                         A. 3008--B

          casualty                      savings
          doctor                        surety
          endowment                     title
          fidelity                      trust
          finance                       underwriter
          guaranty
unless  the  [approval  of  the  superintendent of financial services is
attached to the] certificate of limited partnership INCLUDES  A  CERTIF-
ICATION  THAT  THE  APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES
HAS BEEN OBTAINED; or unless the word "doctor" or "lawyer" or an  abbre-
viation or derivative thereof is used in a context which clearly denotes
a purpose other than the practice of law or medicine.
  S  32.  Subparagraph  (C) of paragraph 3 of subdivision (a) of section
121-102 of the partnership law, as added by chapter 264 of the  laws  of
1991, is amended to read as follows:
  (C)  shall not, unless [the approval of the state department of social
services is attached to]  the  certificate  of  limited  partnership  or
application  for authority or amendment thereof INCLUDES A CERTIFICATION
THAT THE APPROVAL OF THE STATE DEPARTMENT OF SOCIAL  SERVICES  HAS  BEEN
OBTAINED, contain the word "blind" or "handicapped". Such approval shall
be  granted by the state department of social services if in its opinion
the word "blind" or "handicapped" as used  in  the  limited  partnership
name  proposed  will  not  tend  to  mislead  or confuse the public into
believing that the limited partnership is organized  for  charitable  or
nonprofit purposes related to the blind or the handicapped.
  S  33. Section 121-206 of the partnership law, as added by chapter 950
of the laws of 1990, is amended to read as follows:
  S 121-206. Filing with the department of state. A  signed  certificate
of limited partnership and any signed certificates of amendment or other
certificates filed pursuant to this article or of any judicial decree of
amendment or cancellation shall be delivered to the department of state.
If  the  instrument  which  is  delivered to the department of state for
filing complies as to form with the requirements of law and  the  filing
fee  required  by  any statute of this state in connection therewith has
been paid, the instrument shall be filed and indexed by  the  department
of  state.  UPON  THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF STATE BY
ANY STATE OFFICIAL, DEPARTMENT, BOARD,  AGENCY  OR  OTHER  BODY  THAT  A
DOMESTIC  LIMITED  PARTNERSHIP OR FOREIGN AUTHORIZED LIMITED PARTNERSHIP
HAS FAILED TO OBTAIN THE CONSENT OR APPROVAL  OF  SUCH  STATE  OFFICIAL,
DEPARTMENT,  BOARD,  AGENCY OR OTHER BODY FOR ANY CERTIFICATE OR INSTRU-
MENT, THE LIMITED PARTNERSHIP'S AUTHORITY TO CARRY ON, CONDUCT OR TRANS-
ACT BUSINESS IN THIS STATE SHALL BE SUSPENDED. SUCH SUSPENSION SHALL  BE
ANNULLED UPON THE FILING OF A CERTIFICATE OF AMENDMENT WITH THE REQUIRED
CONSENT OR APPROVAL ANNEXED THERETO.
  S  34.  Section  14  of the private housing finance law, as amended by
chapter 544 of the laws of 1961, is amended to read as follows:
  S 14. Consent of commissioner  to  incorporation.  Whenever  any  such
certificate  shall  be  presented  to  the  secretary of state, [he] THE
SECRETARY shall not file such certificate unless [there shall  accompany
the  same a] THE CERTIFICATE INCLUDES A CERTIFICATION THAT A certificate
of the commissioner that he consents to the filing of  such  certificate
HAS  BEEN OBTAINED; nor shall any amendment to the certificate of incor-
poration be filed unless it [is accompanied by] INCLUDES A CERTIFICATION
THAT a certificate of  the  commissioner  consenting  thereto  HAS  BEEN
OBTAINED.  If  a company has entered into a contract with a municipality
for the construction of a municipally aided  project,  the  commissioner

S. 2608--B                         54                         A. 3008--B

shall  not issue a certificate consenting to an amendment of the certif-
icate of incorporation of such company, unless  the  supervising  agency
has given its written consent to such amendment.
  S 35. Subdivision 5 of section 573 of the private housing finance law,
as  amended  by  chapter  410 of the laws of 1984, is amended to read as
follows:
  5. The secretary of state shall not file the certificate  of  incorpo-
ration  of  any  such  corporation  or  any amendment thereto unless THE
CERTIFICATE INCLUDES A CERTIFICATION THAT the consent or approval of the
commissioner or the supervising agency, as the case may be, [is  affixed
thereon or attached thereto] HAS BEEN OBTAINED. Consent to the filing of
such  certificate  of  incorporation shall be based upon findings by the
commissioner or supervising agency as to the character and competence of
the sponsor.
  S 36. Subdivision 1 of section 2801-a of the  public  health  law,  as
amended  by  section  57 of part A of chapter 58 of the laws of 2010, is
amended to read as follows:
  1. No hospital, as defined  in  this  article,  shall  be  established
except  with  the written approval of the public health and health plan-
ning council. No certificate of incorporation of a  business  membership
or  not-for-profit  corporation  shall hereafter be filed which includes
among its corporate purposes or powers the establishment or operation of
any hospital, as  defined  in  this  article,  or  the  solicitation  of
contributions  for  any  such  purpose, or two or more of such purposes,
except with the written approval of the public health and  health  plan-
ning  council,  and  when  otherwise required by law of a justice of the
supreme court, [endorsed on or annexed to] the certificate  of  incorpo-
ration  INCLUDES  A  CERTIFICATION  THAT  SUCH WRITTEN APPROVAL HAS BEEN
OBTAINED. No articles of organization of  a  limited  liability  company
established pursuant to the New York limited liability company law which
includes  among its powers or purposes the establishment or operation of
any hospital as defined in this article, shall be filed with the depart-
ment of state except [upon] WHEN THE ARTICLES OF ORGANIZATION INCLUDE  A
CERTIFICATION THAT the approval of the public health and health planning
council HAS BEEN OBTAINED.
  S 37. Section 41 of the transportation corporations law, as amended by
chapter 782 of the laws of 1969, is amended to read as follows:
  S  41.  Municipal consent to incorporation. No certificate of incorpo-
ration of a water-works corporation shall  be  filed  unless  [there  be
annexed thereto a] THE CERTIFICATE INCLUDES A CERTIFICATION THAT consent
to  the  formation  of  the  corporation, signed and acknowledged by the
local authorities of each municipality named  in  such  certificate  HAS
BEEN OBTAINED.  Such authorities shall be:  in a city, a majority of the
members  of  the  board or body having charge of the water supply, or if
there be no such board or body, a majority of the members of  the  local
legislative  body;  in a village, a majority of the members of the board
of trustees; in a town outside of a village, the town superintendent  of
highways  and  a majority of the members of the town board. Such consent
to the formation of the corporation shall not be granted by  said  local
authorities  until  ten  days prior notice in writing of the application
for such consent and until an engineering plan for proposed water system
specifying location and size and  type  of  wells,  pumps,  distribution
mains  and  other  facilities  of  the  water supply and/or distribution
system is furnished by the water works corporation to the local authori-
ties and to the county water authority, and to the county water district
if there be such authority or district where  the  proposed  corporation

S. 2608--B                         55                         A. 3008--B

seeks  to  operate; and until said authority or district has reported in
writing to the municipality named in the  certificate  of  incorporation
its recommendations as to whether or not such consent should be granted,
setting  forth  the  reasons for such recommendation and a finding as to
whether the proposed water supply and/or distribution system is  reason-
ably  comparable to standards of a county-wide water system and suitable
for eventual integration with such county-wide water system. Said report
shall be filed with such municipality on or before the tenth  day  after
the giving of the notice aforesaid.
  S  38. Subdivision 1 of section 116 of the transportation corporations
law, as amended by chapter 828 of the laws of 1970, is amended  to  read
as follows:
  1. No certificate of incorporation of a sewage-works corporation shall
be  filed  unless  [there be annexed thereto] THE CERTIFICATE INCLUDES A
CERTIFICATION THAT a certificate or certificates duly executed in behalf
of the local governing bodies of the city, town or village, as the  case
may be, in which any part of a sewer system provided by such corporation
is situate and, in the county of Suffolk, an additional certificate duly
executed  in behalf of the county sewer agency, consenting to the forma-
tion of the corporation for the area described in such  certificate  HAS
BEEN OBTAINED.
  S  39.  This  act shall take effect immediately; provided however that
section twenty-three of this act shall take effect on the  sixtieth  day
after it shall have become a law.

                                SUBPART C

  Section  1.  Paragraph  (a) of section 602 of the business corporation
law is amended to read as follows:
  (a) Meetings of shareholders may be held  at  such  place,  within  or
without  this  state, as may be fixed by or under the by-laws, or if not
so fixed, at the office of the corporation in this  state.    EXCEPT  AS
PROVIDED  IN  THE  BY-LAWS, SHAREHOLDERS MAY PARTICIPATE IN A MEETING BY
MEANS OF CONFERENCE TELEPHONE OR  SIMILAR  COMMUNICATIONS  EQUIPMENT  BY
MEANS  OF  WHICH  ALL PERSONS PARTICIPATING IN THE MEETING CAN HEAR EACH
OTHER. SUCH PARTICIPATION SHALL CONSTITUTE PRESENCE  IN  PERSON  AT  THE
MEETING.
  S 2. Paragraph (b) of section 402 of the limited liability company law
is amended to read as follows:
  (b) Except as provided in the operating agreement, any member may vote
in person [or], by proxy, OR BY ELECTRONIC MEANS.
  S  3.  Paragraphs  (a)  and  (c)  of section 603 of the not-for-profit
corporation law, paragraph (c) as amended by chapter 961 of the laws  of
1972, are amended to read as follows:
  (a)  Meetings  of members may be held at such place, within or without
this state, as may be fixed by or under the by-laws or, if not so fixed,
at the office of the corporation in this state.  EXCEPT AS  PROVIDED  IN
THE BY-LAWS, MEMBERS MAY PARTICIPATE IN A MEETING BY MEANS OF CONFERENCE
TELEPHONE  OR  SIMILAR  COMMUNICATIONS  EQUIPMENT  BY MEANS OF WHICH ALL
PERSONS PARTICIPATING IN THE MEETING CAN HEAR EACH OTHER.  SUCH  PARTIC-
IPATION SHALL CONSTITUTE PRESENCE IN PERSON AT THE MEETING.
  (c)  Special meetings of the members may be called by the board and by
such person or persons as may be authorized by the certificate of incor-
poration or the by-laws.  In any case, such meetings may be convened  by
the  members  entitled to cast ten per cent of the total number of votes
entitled to be cast at such meeting, who may,  in  writing,  demand  the

S. 2608--B                         56                         A. 3008--B

call  of  a special meeting specifying the date and month thereof, which
shall not be less than two nor more than three months from the  date  of
such written demand. The secretary of the corporation upon receiving the
written  demand  shall  promptly  give  notice of such meeting, or if he
fails to do so within five business days thereafter, any member  signing
such demand may give such notice. The meeting shall be held at the place
fixed  in  the  by-laws or, if not so fixed, at the office of the corpo-
ration.  EXCEPT AS PROVIDED IN THE BY-LAWS, MEMBERS MAY PARTICIPATE IN A
MEETING BY MEANS  OF  CONFERENCE  TELEPHONE  OR  SIMILAR  COMMUNICATIONS
EQUIPMENT BY MEANS OF WHICH ALL PERSONS PARTICIPATING IN THE MEETING CAN
HEAR  EACH OTHER. SUCH PARTICIPATION SHALL CONSTITUTE PRESENCE IN PERSON
AT THE MEETING.
  S 4. Paragraph (b) of section 121-405 of the partnership law, as added
by chapter 950 of the laws of 1990, is amended to read as follows:
  (b) A partnership agreement  may  set  forth  provisions  relating  to
notice  of the time, place or purpose of any meeting at which any matter
is to be voted on by any general partners, waiver of  any  such  notice,
action by consent without a meeting, the establishment of a record date,
quorum  requirements,  voting in person [or], by proxy, OR BY ELECTRONIC
MEANS or any other matter with respect to the exercise of any such right
to vote.
  S 5. This act shall take effect immediately.

                                SUBPART D

  Section 1. Section 401 of the business corporation law, as amended  by
chapter 900 of the laws of 1974, is amended to read as follows:
S 401. Incorporators.
  One  or  more  natural persons [of the age of] AT LEAST eighteen years
[or over] OF AGE OR  ANY  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  OR
CORPORATION,  SINGLY OR JOINTLY WITH OTHERS, may act as incorporators of
a corporation to be formed under this chapter.
  S 2. Subdivisions (a) and (b) of section 203 of the limited  liability
company  law,  subdivision  (a) as amended by chapter 470 of the laws of
1997, is amended to read as follows:
  (a) One or more NATURAL persons AT LEAST EIGHTEEN YEARS OF AGE OR  ANY
PARTNERSHIP,  LIMITED  LIABILITY COMPANY, SINGLY OR JOINTLY WITH OTHERS,
may act as an organizer or organizers to form a limited liability compa-
ny by (i) preparing the articles of organization of such limited liabil-
ity company in accordance with subdivision (e)  of  this  section,  (ii)
executing  such  articles of organization in accordance with section two
hundred seven of this article and (iii) filing such  articles,  entitled
"Articles  of  organization  of...  (name  of limited liability company)
under section two hundred three of the Limited Liability  Company  Law,"
in accordance with section two hundred nine of this article.
  (b) An organizer may, but need not be, a member of the limited liabil-
ity company that he [or], she OR IT forms.
  S  3. Section 401 of the not-for-profit corporation law, as amended by
chapter 901 of the laws of 1974, is amended to read as follows:
S 401. Incorporators.
  One or more natural persons at least eighteen  years  of  age  OR  ANY
PARTNERSHIP, LIMITED LIABILITY COMPANY, OR CORPORATION, SINGLY OR JOINT-
LY  WITH  OTHERS, may act as incorporators of a corporation to be formed
under this chapter.
  S 4. This act shall take effect immediately.

S. 2608--B                         57                         A. 3008--B

                                SUBPART E

  Section  1.  Section 19 of the general associations law, as amended by
chapter 166 of the laws of 1991, is amended to read as follows:
  S 19. Service of process. Service of process  against  an  association
upon  the  secretary  of state shall be made by personally delivering to
and leaving with [him] THE SECRETARY OF STATE or a deputy [secretary  of
state  or  an  associate  attorney,  senior  attorney or attorney in the
corporation division of the department of  state,  duplicate  copies  of
such  process],  OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE
TO RECEIVE SUCH SERVICE at the office of the department of state in  the
city of Albany, DUPLICATE COPIES OF SUCH PROCESS TOGETHER WITH THE STAT-
UTORY  FEE,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT.  [At the time of
such service the plaintiff shall pay a  fee  of  forty  dollars  to  the
secretary of state which shall be a taxable disbursement. If the cost of
registered  mail for transmitting a copy of the process shall exceed two
dollars, an additional fee equal to such excess shall  be  paid  at  the
time  of  the  service  of  such  process.] The secretary of state shall
[forthwith] PROMPTLY send by  CERTIFIED  registered  mail  one  of  such
copies  OF SUCH PROCESS to the association at the address fixed for that
purpose, as herein provided. If the action or proceeding  is  instituted
in  a  court  of limited jurisdiction, service of process may be made in
the manner provided in this section if the cause of action arose  within
the  territorial jurisdiction of the court and the office of the defend-
ant, as set forth in its statement filed pursuant to section eighteen of
this chapter, is within such territorial jurisdiction.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through E of this act  shall
be as specifically set forth in the last section of such Subparts.

                                 PART R

  Section  1.  Subdivisions  5, 6, 7-a, 10, 12, 13, 14, 15, 16 and 17 of
section 11-0701 of the environmental conservation law are REPEALED.
  S 2. Subdivisions 4 and 8 of  section  11-0701  of  the  environmental
conservation law are renumbered subdivisions 3 and 4 and subdivisions 1,
2,  3, 9-a and 11, subdivisions 1, 3 and 11 as amended by chapter 344 of
the laws of 2008, paragraph a of subdivision 2 as amended by chapter  57
of  the  laws of 1993, subparagraph 1 of paragraph a of subdivision 2 as
added by section 5 and paragraph  b  of  subdivision  2  as  amended  by
section  6  of  part F of chapter 82 of the laws of 2002, paragraph c of
subdivision 2 as amended by chapter 25 of the laws of 2011, and subdivi-
sion 9-a as added by chapter 237 of the laws of  1993,  are  amended  to
read as follows:
  1. [A small game license entitles a holder who is sixteen years of age
or  older  to  hunt wildlife, except big game, and to take with a gun or

S. 2608--B                         58                         A. 3008--B

longbow fish permitted to be so taken, as provided in titles 9 and 13 of
this article.
  2.] a. [(1)] A [small and big game] HUNTING license entitles the resi-
dent  OR NON-RESIDENT holder WHO IS TWELVE YEARS OF AGE OR OLDER to hunt
wildlife, AS PROVIDED IN TITLE 9 OF THIS ARTICLE, subject to the follow-
ing:
  (i) [a holder who is eighteen years of age or older may hunt  wildlife
as provided in title 9 of this article,
  (ii)] a holder who is sixteen OR SEVENTEEN years OLD [of age or older]
may  hunt [wildlife, except] big game[, as provided in title 9] PURSUANT
TO THE PROVISIONS OF SECTION 11-0929 of this article, and
  [(iii)] (II) a holder who is [between the ages of  sixteen  and  eigh-
teen]  FOURTEEN  OR  FIFTEEN YEARS OLD may hunt big game pursuant to the
provisions of [title 9 of this article while the holder  is  accompanied
by a parent, guardian or person over the age of eighteen as required by]
section 11-0929 of this article[.], AND
  (III)  A HOLDER WHO IS TWELVE OR THIRTEEN YEARS OLD MAY HUNT WILDLIFE,
EXCEPT BIG GAME, PURSUANT TO THE PROVISIONS OF SECTION 11-0929  OF  THIS
ARTICLE.  SUCH  HOLDER  IS  ENTITLED  TO POSSESS FIREARMS AS PROVIDED IN
SECTION 265.05 OF THE PENAL LAW, AND
  (IV) A HOLDER MAY TRAP BEAVER, OTTER, FISHER,  MINK,  MUSKRAT,  SKUNK,
RACCOON,  BOBCAT,  COYOTE,  FOX, OPOSSUM, WEASEL, PINE MARTEN AND UNPRO-
TECTED WILDLIFE EXCEPT BIRDS, AS PROVIDED IN TITLE 11 OF  THIS  ARTICLE,
SUBJECT  TO  THE PROVISIONS OF SUBPARAGRAPH 2 OF PARAGRAPH B OF SUBDIVI-
SION 3 OF SECTION 11-0713 OF THIS ARTICLE;  THIS  SHALL  BE  A  TRAPPING
PRIVILEGE AND IT SHALL BE LISTED SEPARATELY ON A HUNTING LICENSE.
  A holder may take fish with a [gun or] longbow as provided in titles 9
and 13 of this article.
  B.  A  HUNTING  LICENSE  WITH  ONLY A TRAPPING PRIVILEGE MAY ENTITLE A
HOLDER WHO IS LESS THAN TWELVE YEARS OLD TO TRAP BEAVER, OTTER,  FISHER,
MINK,  MUSKRAT,  SKUNK,  RACCOON,  BOBCAT, COYOTE, FOX, OPOSSUM, WEASEL,
PINE MARTEN AND UNPROTECTED WILDLIFE EXCEPT BIRDS, AS PROVIDED IN  TITLE
11  OF  THIS  ARTICLE,  SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH TWO OF
PARAGRAPH B OF SUBDIVISION 3 OF SECTION 11-0713 OF THIS ARTICLE.
  [(2) A non-resident big game license entitles a  person  who  has  not
been a resident of the state for more than thirty days to hunt wild deer
as  provided in title 9. It entitles such person to hunt bear during the
regular open bear season or in an open season fixed by regulation pursu-
ant to subdivision eight of section 11-0903  of  this  article  if  such
person  is  also  the  holder  of a non-resident bear tag. It entitles a
person who is between the ages of sixteen and eighteen years to exercise
the privileges of a big  game  license  subject  to  the  provisions  of
section 11-0929.
  b.]  C. A special antlerless deer license is applicable to the hunting
of wild antlerless deer in a  special  open  season  fixed  pursuant  to
subdivision  6  of  section  11-0903 of this article in a tract within a
Wilderness Hunting Area and entitles  the  holder  of  a  license  which
authorizes  the  holder to hunt big game to hunt antlerless deer in such
special open season, as provided in title 9 of this article if he OR SHE
has on his OR HER person while so hunting both his OR HER license  which
authorizes the holder to hunt big game and his OR HER special antlerless
deer license.
  [c. A junior archery license entitles a resident holder who is between
the  ages  of twelve and sixteen years to hunt wild deer and bear with a
longbow during the special archery season and during the regular season,
as provided in title 9 of this article, as if such person held a license

S. 2608--B                         59                         A. 3008--B

which authorizes the holder to hunt big game  with  a  bowhunting  stamp
affixed,  subject to the provisions of section 11-0929 and subdivision 3
of section 11-0713 of this article. It entitles  a  non-resident  holder
who  is  between  the ages of twelve and sixteen years to hunt wild deer
and bear with a longbow during the special archery season and during the
regular season, as provided in title 9  of  this  article,  as  if  such
person  held  a  non-resident bowhunting license, a non-resident license
which authorizes the holder to hunt deer and a  non-resident  bear  tag,
subject  to  the  provisions  of  section  11-0929  and subdivision 3 of
section 11-0713 of this article.]
  FOR PURPOSES OF THIS TITLE, A NON-RESIDENT IS A  PERSON  WHO  HAS  NOT
BEEN A RESIDENT OF THE STATE FOR MORE THAN THIRTY DAYS.
  [3]  2.  A  bowhunting [stamp when affixed to] PRIVILEGE INCLUDED ON a
[resident] HUNTING license [which authorizes  the  holder  to  hunt  big
game]  entitles  a  holder who is eighteen years of age or older to hunt
wild deer and bear with a longbow, as provided in title 9 of this  arti-
cle,  in a special longbow season, SUBJECT TO THE PROVISIONS OF SUBDIVI-
SION 3 OF SECTION 11-0713 OF THIS ARTICLE and it entitles a  holder  who
is  [sixteen  or]  TWELVE THROUGH seventeen years of age to exercise the
same privileges subject to the provisions of section 11-0929 and  subdi-
vision 3 of section 11-0713 of this article.
  [9-a]  5.  A one-day fishing license entitles the [resident or non-re-
sident] holder to exercise the privileges of a fishing  license  on  the
day specified on the license.
  [11]  6. A muzzle-loading [stamp] PRIVILEGE when [affixed to] INCLUDED
ON a [resident] HUNTING license [which authorizes the holder to hunt big
game] entitles a holder who is fourteen years of age or  older  to  hunt
wild deer and bear with a muzzle-loading firearm, as provided in title 9
of  this article, in a special muzzle-loading firearm season, SUBJECT TO
THE PROVISIONS OF SUBDIVISION 3 OF SECTION 11-0713 OF THIS ARTICLE.
  S 3. Subdivisions 2, 4, 5 and 6 of section  11-0703  of  the  environ-
mental  conservation law, subdivision 2 as amended by chapter 507 of the
laws of 2010, subdivision 4 as amended by section 21 and paragraph a  of
subdivision  5  as  amended by section 22 of part F of chapter 82 of the
laws of 2002, paragraph b of subdivision 4 as amended by chapter 178  of
the  laws of 2011, paragraphs d and e of subdivision 4 and subdivision 6
as amended by chapter 344 of the laws of 2008, subdivision 5 as  amended
by  chapter  450 of the laws of 1991 and paragraph d of subdivision 5 as
relettered by chapter 470 of the laws of 1994, are amended  to  read  as
follows:
  2.  Except  as  provided in section 11-0704 of this title, no license,
permit, tag or [stamp] PRIVILEGE is transferable. No person shall alter,
change, lend to another or attempt to transfer to another any license or
any [button,] permit, tag or  [stamp]  PRIVILEGE  issued  therewith.  No
person, while hunting, shall possess a license, [button,] permit, tag or
[stamp]  PRIVILEGE  which  was  issued to another person unless actually
accompanied by the person to whom such license, [button,] permit, tag or
[stamp] PRIVILEGE was issued. No person shall purchase, possess  or  use
more  than  one [junior archery, junior hunting, small and big game, big
game, bowhunting, muzzle-loading, sportsman, or resident super-sportsman
license or stamp, non-resident  bowhunting  or  muzzle-loading  license,
non-resident  super-sportsman  license,  non-resident  bear tag] HUNTING
LICENSE or special permit  for  the  current  license  year,  except  as
permitted  by regulation of the department. Notwithstanding the prohibi-
tions contained in this subdivision, the  department  may  authorize  by
rule  or  regulation  the  transfer  of  deer management permits, issued

S. 2608--B                         60                         A. 3008--B

pursuant to section 11-0913 of this article, to any person  licensed  to
hunt deer pursuant to this title.
  4.  a.  [Non-resident fishing, non-resident super-sportsman, non-resi-
dent bowhunting or muzzle-loading, or non-resident trapping licenses, or
non-resident bear tags are issuable only to  non-residents  and  persons
who  have been residents for less than thirty days immediately preceding
the date of application.
  b. A person under the age of fourteen  years  is  ineligible  for  any
license, other than a junior archery license, which authorizes the hold-
er to hunt big game. A person under the age of sixteen years is ineligi-
ble  for  a  small  and big game, sportsman or resident super-sportsman,
non-resident  super-sportsman,  non-resident  big   game,   non-resident
bowhunting  license,  or bowhunting stamp.] A person is ineligible for a
[small game, small and big game, junior hunting, big game, junior  arch-
ery,  sportsman and resident super-sportsman, non-resident super-sports-
man, or non-resident] HUNTING LICENSE, bowhunting PRIVILEGE  or  muzzle-
loading [license] PRIVILEGE unless such person meets the requirements of
subdivision 3 of section 11-0713 of this title.
  [c]  B.    Only  the  following  persons  are  eligible  for  resident
[licenses] FEES: (1) persons who have been residents in  the  state  for
[more  than]  thirty  days  immediately [preceding] PRIOR TO the date of
application for the licenses, or who are enrolled [in]  AS  a  full-time
[course] STUDENT at a college or university within the state and who are
in  residence  in the state for the school year, or who are out of state
or foreign exchange high school students enrolled [in]  AS  a  full-time
[course]  STUDENT in a high school within the state and who are in resi-
dence in the state for the school year; (2) Indian residents or  members
of  the  six nations residing on any reservation wholly or partly within
the state; (3) members of the  United  States  armed  forces  in  active
service,  stationed  in this state, regardless of the place of residence
at the time of entry into the service; and (4) persons privileged  under
subdivision 5 of section 11-0707 of this article to take wildlife, other
than deer and bear, as if they held hunting licenses.
  [d]  C.    Only  persons  who  possess  a [small and big game] HUNTING
license[, the big game license portion of the free sportsman, a  sports-
man  license  or  resident  super-sportsman  license] are eligible for a
bowhunting PRIVILEGE or muzzle-loading [stamp, except that the holder of
a junior hunting license, who is a resident and who is at least fourteen
years old, is eligible for a muzzle-loading stamp] PRIVILEGE.
  [e] D. A person under the age of twelve  years  is  ineligible  for  a
[junior]  hunting  license EXCEPT AS PROVIDED IN PARAGRAPH B OF SUBDIVI-
SION 1 OF SECTION 11-0701 OF THIS ARTICLE.
  5. a. One-day and seven-day fishing licenses expire on the date stated
on them. A FISHING LICENSE SHALL REMAIN EFFECTIVE ONE YEAR FROM THE DATE
ON WHICH IT WAS ISSUED.
  b. A fishing license issued without charge to a resident  as  formerly
provided in subdivision 2 of section 11-0715, shall remain effective for
the life of the licensee.
  c.  A  special antlerless deer license is effective during the special
open season for which it is issued.
  d. All other licenses  and  [stamps]  PRIVILEGES  defined  in  section
11-0701 are effective for a license year beginning [October] SEPTEMBER 1
and ending [September 30] AUGUST 31.
  6.  a.  Except  as  provided in section 11-0707 and section 11-0709 of
this title, no person shall (1) hunt wildlife[, other than deer or bear,
or take fish with a gun,] unless such person holds and  is  entitled  to

S. 2608--B                         61                         A. 3008--B

exercise  the privileges of a [small game, junior hunting, small and big
game, free sportsman, sportsman or resident super-sportsman, or  non-re-
sident  super-sportsman]  HUNTING license; (2) hunt antlerless deer in a
special  open  season  therefor  pursuant  to  subdivision  6 of section
11-0903 of this article unless such person  holds  and  is  entitled  to
exercise the privileges of and has on his or her person while so hunting
a [small and big game, big game, junior archery, free sportsman, junior]
hunting  [if  the  licensee  is  at least fourteen years old, sportsman,
resident super-sportsman, non-resident super-sportsman or  non-resident]
LICENSE, bowhunting PRIVILEGE or muzzle-loading [license] PRIVILEGE, and
a  special antlerless deer license; (3) take fish or frogs in the manner
described in subdivision 4 of section 11-0701 of this title unless  such
person  is entitled to exercise the privileges of a fishing license; (4)
trap wildlife unless such person holds a [trapping] HUNTING license WITH
A TRAPPING PRIVILEGE.
  b. Except as provided in section 11-0707 and section 11-0709  of  this
title, no [resident] PERSON shall (1) hunt wild deer or bear unless such
person  holds and is entitled to exercise the privileges of a [small and
big game, junior archery, junior hunting if the  licensee  is  at  least
fourteen years old, free sportsman, sportsman, or resident super-sports-
man]  HUNTING  license,  and meets the requirements of this article; (2)
hunt wild deer or bear with a longbow in a special longbow season unless
such person holds and is entitled to exercise the privileges of a [small
and big game, junior archery, free  sportsman,  sportsman,  or  resident
super-sportsman] HUNTING license with a bowhunting [stamp affixed] PRIV-
ILEGE  and meets the requirements of this article; or (3) hunt wild deer
or bear with  a  muzzle-loading  firearm  in  a  special  muzzle-loading
firearm  season  unless  such  person IS AT LEAST FOURTEEN YEARS OLD AND
holds a [small and big game, free sportsman, sportsman,  junior  hunting
if  the  licensee  is  at  least  fourteen years old, or resident super-
sportsman] HUNTING license with a muzzle-loading [stamp affixed]  PRIVI-
LEGE and meets the requirements of this article.
  [c.  Except as provided in section 11-0707 and section 11-0709 of this
title, no non-resident shall (1) hunt wild deer unless such person holds
and is entitled to exercise the privileges of a big game,  junior  arch-
ery,  junior  hunting  if  the  licensee is at least fourteen years old,
non-resident super-sportsman, or non-resident bowhunting or muzzle-load-
ing license; (2) hunt wild deer with a  longbow  in  a  special  longbow
season  unless  such person holds and is entitled to exercise the privi-
leges of a non-resident  super-sportsman,  non-resident  bowhunting,  or
junior archery license; (3) hunt wild deer with a muzzle-loading firearm
in  a  special  muzzle-loading firearm season unless such person holds a
non-resident super-sportsman or non-resident muzzle-loading license; (4)
hunt wild bear unless such person holds a junior hunting license if  the
licensee  is at least fourteen years old, a junior archery license, or a
non-resident bear tag in combination with one of the  non-resident  deer
licenses listed in subparagraph 1, 2 or 3 of this paragraph.]
  S 4.  Subdivision 2, paragraphs b and c of subdivision 3 and paragraph
b  of subdivision 4 of section 11-0713 of the environmental conservation
law, subdivision 2 as amended by chapter 25 of the laws of  2011,  para-
graph  b  of  subdivision  3 as amended by section 27 and paragraph b of
subdivision 4 as amended by section 28 of part F of chapter  82  of  the
laws  of 2002 and paragraph c of subdivision 3 as amended by chapter 344
of the laws of 2008, are amended to read as follows:
  2. The issuing officer shall not issue a [junior archery license to  a
person  between  the  ages  of  twelve  and sixteen or a junior] hunting

S. 2608--B                         62                         A. 3008--B

license to a person [between the  ages  of]  AGE  twelve  [and]  THROUGH
sixteen years unless, at the time of issuance, THE applicant is accompa-
nied  by  his  or  her parent or legal guardian who shall consent to the
issuance  of the license and shall so signify by signing his or her name
in ink across the face of it. At no time shall such licenses  be  issued
by  mail  to  persons  [between  the  ages  of] AGE twelve [and] THROUGH
sixteen years.
  b. (1) The issuing officer shall not issue a HUNTING license [or stamp
which authorizes the holder to exercise the] WITH A BOW  HUNTING  privi-
lege  [of  hunting  big  game  with  a longbow] to any person unless the
applicant presents a New York state license [or stamp] which  authorizes
the  holder to exercise the privilege of hunting [big game] with a long-
bow issued in 1980 or later, an affidavit as provided in subparagraph  2
of  paragraph a of this subdivision or a certificate of qualification in
responsible bowhunting practices issued or honored by the department.
  (2) The issuing officer shall not issue a HUNTING LICENSE WITH A trap-
ping [license] PRIVILEGE to any person unless the applicant  presents  a
trapping  license OR HUNTING LICENSE WITH A TRAPPING PRIVILEGE issued to
him OR HER previously, an affidavit as provided  in  subparagraph  2  of
paragraph  a  of  this  subdivision or a certificate of qualification in
responsible trapping practices.
  c. The issuing  officer  shall  not  issue  a  [bowhunting  stamp  or]
muzzle-loading  [stamp]  PRIVILEGE  to  any [resident] PERSON unless the
applicant IS AT LEAST FOURTEEN YEARS OLD AND presents a [junior] hunting
license [if the licensee is at least fourteen years old, or a small  and
big  game,  free  sportsman,  or  sportsman  or resident super-sportsman
license] issued to that person for the corresponding license year.
  b. A person who has lost or accidentally destroyed a [button  or]  tag
issued with such a license or [stamp] PRIVILEGE may apply to any license
issuing  officer for a duplicate and the department shall issue a dupli-
cate [button or] tag when satisfied that the application is made in good
faith.  A duplicate free [sportsman] LICENSE, PRIVILEGE OR tag shall  be
issued free of charge.
  S  5.  Subdivisions  2,  3, 4 and 6 of section 11-0715 of the environ-
mental conservation law, subdivision 2 as amended by section 3, subdivi-
sion 3 as amended by section 4 and subdivision 4 as amended by section 5
of part KK of chapter 59 of the laws of 2009, subdivision 6 as added  by
section  32  of part F of chapter 82 of the laws of 2002 and paragraph a
of subdivision 6 as amended by chapter 344 of  the  laws  of  2008,  are
amended to read as follows:
  2.  A  member  of  the  Shinnecock  tribe or the Poospatuck tribe or a
member of the six nations, residing on any reservation wholly or  partly
within  the  state,  is  entitled  to  receive  free of charge a fishing
license, a [small and big game license, a sportsman] HUNTING license,  a
muzzle-loading  [stamp] PRIVILEGE, [a trapping license,] and a bow hunt-
ing [stamp] PRIVILEGE; a resident of the state who is a  member  of  the
United States armed forces in active service who is not stationed within
the  state  and  has not been herein longer than thirty days on leave or
furlough, is entitled to receive free of charge a fishing license[,] AND
a [small and big game] HUNTING license[,  and  a  trapping  license];  a
resident  of  the state who is an active member of the organized militia
of the state of New York as defined by section one of the military  law,
or  the reserve components of the armed forces of the United States, and
excluding members of the inactive national guard  and  individual  ready
reserve,  is entitled to receive free of charge a fishing license[,] AND
a [small and big game] HUNTING license[, and a trapping license]; and  a

S. 2608--B                         63                         A. 3008--B

resident  who  is blind is entitled to receive a fishing license free of
charge. For the purposes of this subdivision a person is blind  only  if
either:  (a)  his or her central visual acuity does not exceed 20/200 in
the  better  eye with correcting lenses, or (b) his or her visual acuity
is greater than 20/200 but is accompanied by a limitation of  the  field
of  vision such that the widest diameter of the visual field subtends an
angle no greater than 20 degrees.
  [A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is  enti-
tled  to  receive  a  sportsman  license at the cost of ten dollars as a
license fee.]
  A resident in the state for a period of thirty days immediately  prior
to  the date of application who has attained the age of seventy is enti-
tled to receive a fishing license, and a [trapping] HUNTING license,  at
a cost of five dollars for each license.
  A  resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is  enti-
tled  to  receive  free  of  charge a bowhunting [stamp] PRIVILEGE and a
muzzle-loading [stamp] PRIVILEGE.
  3. Each applicant for a license, permit or [stamp] PRIVILEGE shall pay
to the issuing officer a  fee,  according  to  the  license,  permit  or
[stamp] PRIVILEGE issued and the residence or other qualification of the
applicant.
  a.  In  the  case  of persons who have been residents of the state for
[more than] A PERIOD OF thirty days immediately [preceding] PRIOR TO the
date of application or who are enrolled [in]  AS  a  full-time  [course]
STUDENT at a college or university within the state and who are in resi-
dence  in  the  state  for  the  school year, OR WHO ARE OUT OF STATE OR
FOREIGN EXCHANGE HIGH SCHOOL STUDENTS ENROLLED AS A FULL-TIME STUDENT IN
A HIGH SCHOOL WITHIN THE STATE AND WHO ARE IN RESIDENCE IN THE STATE FOR
THE SCHOOL YEAR, Indians residing off  reservations  in  the  state  and
members of the United States armed forces in active service stationed in
this  state  regardless  of place of residence at the time of entry into
service:
        License                                   Fee
        (1) [Super-sportsman                      $88.00
        (2) Trapper Super-sportsman               $88.00
        (3) Sportsman                             $47.00
        (4) Small and big game                    $29.00]
        (A) HUNTING                               $22.00
        (B) HUNTING AGES FIFTEEN AND UNDER        $ 5.00
        [(5)] (2) Fishing                         $[29.00]25.00
        [(6) Trapping                             $21.00
        (7) Small game                            $26.00
        (8) Junior trapping                       $ 6.00
        (9)] (3) Muzzle-loading [stamp]
        PRIVILEGE                                 $[21.00]11.00
        [(10)] (4) (A) Bowhunting [stamp]
        PRIVILEGE                                 $[21.00]20.00
        (B) BOWHUNTING PRIVILEGE AGES
        TWELVE THROUGH FIFTEEN                    $ 4.00
        [(11)] (5) Turkey permit                  $10.00
        [(12)] (6) Seven-day fishing              $15.00
        [(13) Conservation legacy                 $96.00
        (14)] (7) One-day fishing                 $ 5.00

S. 2608--B                         64                         A. 3008--B

  b. In the case of a non-resident and persons resident in the state for
less than thirty days, other than persons who are  enrolled  [in]  AS  a
full-time  [course]  STUDENT at a college or university within the state
and who are in residence in the state for  the  school  year  and  those
members  of the United States armed forces as to whom fees are specified
in paragraph a of this subdivision:
        License                                   Fee
        (1) [Big game] (A) HUNTING                [$140.00] $100.00
        (B) HUNTING AGES FIFTEEN AND UNDER        $  5.00
        [(2) Small game                           $ 85.00
        (3)] (2) Fishing                          $ [70.00] 50.00
        [(4)] (3) Seven-day fishing               $ 35.00
        [(5) Trapping                             $310.00
        (6) Super-sportsman                       $280.00
        (7)] (4) (A) Bowhunting
        PRIVILEGE                                 $[140.00] 40.00
        (B) BOWHUNTING PRIVILEGE AGES TWELVE
        THROUGH FIFTEEN                           $  4.00
        [(8)] (5) Muzzle-loading
        PRIVILEGE                                 $[140.00] 30.00
        [(9) Bear tag                             $ 50.00
        (10)] (6) Turkey permit                   [$ 50.00] $20.00
        [(11)] (7) One-day fishing                [$ 15.00] $10.00
  c. In all cases:
        (1) Certificates in lieu of lost license or [stamp]
            PRIVILEGE or tag                                $ 5.00
        (2) Duplicate for lost or destroyed permit[, button]
            or tag                                          $10.00
        [(3) Junior hunting license                         $ 5.00
        (4) Junior archery license                          $ 9.00
        (5) One-day fishing license                         $15.00
        (6) Conservation patron license                     $12.00]
  4. A person, resident in the state for at least thirty days immediate-
ly prior to the date of application, who has been  honorably  discharged
from  service  in the armed forces of the United States and certified as
having a forty percent or greater service-connected disability is  enti-
tled  to  receive all licenses, [stamps] PRIVILEGE, tags, [buttons,] and
permits authorized by this title for which he or she is eligible, except
turkey permits, renewable each year for a five dollar fee.
  6. a. License issuing officers may retain 1.1  percent  of  the  gross
proceeds from the sale of [the following:
  (1) non-resident small game license
  (2) non-resident big game license
  (3) non-resident trapping license
  (4) bear tag
  (5) non-resident bowhunting license
  (6) non-resident muzzle-loading license
  (7) non-resident super-sportsman license
  (8) non-resident turkey permit
  (9)] all lifetime licenses listed in section 11-0702 of this title.
  b.  License  issuing  officers  may  retain  5.5  percent of the gross
proceeds from sale of all other [license, stamps] LICENSES, certificates
and  permits,  including  any  application  fees  associated  with  such
licenses, [stamps,] certificates and permits.
  S  6. Paragraphs c, d and e of subdivision 1 of section 11-0907 of the
environmental conservation law, paragraph c as amended by section 38 and

S. 2608--B                         65                         A. 3008--B

paragraphs d and e as added by section 40 of part F of chapter 82 of the
laws of 2002, are amended to read as follows:
  c.  The  limit  for wild deer is one deer per person in a license year
except that (1) a person  entitled  to  exercise  the  privileges  of  a
special  antlerless deer license may take an antlerless deer while hunt-
ing pursuant to such license in addition to the limit of one deer  in  a
license  year  otherwise  applicable,  (2) a person who is a member of a
hunting group holding a deer management permit or permits issued  pursu-
ant  to  section  11-0913 of this article may take additional deer while
hunting in accordance with the conditions of the permit or permits,  (3)
the  holder  of  a  bowhunting [license or stamp] PRIVILEGE or a muzzle-
loading [license or stamp] PRIVILEGE may take up to two additional deer,
pursuant to regulations promulgated by the department, and (4) an eligi-
ble non-ambulatory person, pursuant to subdivision 2 of section  11-0931
of this article may take a deer of either sex in any wildlife management
unit  area where deer management permits have been issued by the depart-
ment, while in possession of a valid license which authorizes the holder
to hunt big game. Nothing contained in this section shall  be  construed
to  limit the power of the department to designate by regulation an area
or areas of the state consisting of a county or part of a  county  where
such  season  shall apply and whether the number of such special permits
shall be limited.
  d. (1) A person who holds licenses or [stamps] PRIVILEGES  authorizing
the  holder to hunt deer during a special archery season and the regular
open season and who has taken a deer by longbow  in  a  special  archery
season  and  who  has  not taken a deer in a regular open season may, in
addition to the limit of one deer in a license year  otherwise  applica-
ble,  take  during the same license year additional deer as specified by
department regulation in a special archery season following the close of
the regular open deer season.
  (2) A person who holds licenses or [stamps] PRIVILEGES authorizing the
holder to hunt deer during a special archery season and the regular open
season and who has taken a deer by longbow in the  regular  open  season
for  deer  in  Westchester  or  Suffolk counties may, in addition to the
limit of one deer in a license year otherwise  applicable,  take  during
the  same  license year additional deer as specified by department regu-
lation during such Westchester  or  Suffolk  county  regular  open  deer
season.
  e.  A person who holds licenses or [stamps] PRIVILEGES authorizing the
holder to hunt deer during a special muzzle-loading season and the regu-
lar open season and who has taken a deer by muzzle-loading firearm in  a
muzzle-loading  season  and  who  has not taken a deer in a regular open
season may, in addition to the limit of  one  deer  in  a  license  year
otherwise applicable, take during the same year additional deer as spec-
ified  by  department  regulation  in  a  special  muzzle-loading season
following the close of the regular deer season.
  S 7. Paragraph c of subdivision 1 of section 11-0907 of  the  environ-
mental  conservation  law, as amended by section 39 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
  c. The limit for wild deer and bear is  one  deer  and  one  bear  per
person  in  a license year except that (1) a person entitled to exercise
the privileges of a special antlerless deer license may take an  antler-
less  deer  while  hunting  pursuant  to such license in addition to the
limit of one deer in a license year otherwise applicable, (2)  a  person
who  is  a member of a hunting group holding a deer management permit or
permits issued pursuant to section 11-0913  of  this  article  may  take

S. 2608--B                         66                         A. 3008--B

additional  deer  while hunting in accordance with the conditions of the
permit or permits, (3) the holder of a  bowhunting  license  or  [stamp]
PRIVILEGE  or  a muzzle-loading license or [stamp] PRIVILEGE may take up
to  two  additional  deer,  pursuant  to  regulations promulgated by the
department, and (4)  an  eligible  non-ambulatory  person,  pursuant  to
subdivision  2  of  section  11-0931  of this article may take a deer of
either sex in any wildlife management unit area  where  deer  management
permits  have  been  issued  by the department, while in possession of a
valid license which authorizes the holder  to  hunt  big  game.  Nothing
contained  in  this section shall be construed to limit the power of the
department to designate by regulation an area  or  areas  of  the  state
consisting of a county or part of a county where such season shall apply
and whether the number of such special permits shall be limited.
  S  8.  Paragraph a of subdivision 3 of section 11-0907 of the environ-
mental conservation law, as amended by section 41 of part F  of  chapter
82 of the laws of 2002, is amended to read as follows:
  a.  In  every  area identified in column one of the table set forth in
subdivision 2 of this section, except Westchester and  Suffolk  Counties
in  which  a  regular  open season for taking deer by firearms is estab-
lished and effective, a special open season is  established  for  taking
deer of either sex, by the use of a long bow only by holders of a [small
and  big  game, sportsman, or free sportsman] HUNTING license [to which]
WITH a valid bowhunting [stamp is affixed or  to  holders  of  a  junior
archery,  resident  or  non-resident  super-sportsman,  or  non-resident
bowhunting license] PRIVILEGE.
  S 9.  Paragraph a of subdivision 3 of section 11-0907 of the  environ-
mental  conservation  law, as amended by section 42 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
  a. In every area identified in column one of the table  set  forth  in
subdivision  2  of this section, except Westchester and Suffolk Counties
in which a regular open season for taking deer  by  firearms  is  estab-
lished  and  effective,  a special open season is established for taking
deer of either sex, and bear, by the use of a long bow only  by  holders
of  a [small and big game, sportsman, or free sportsman] HUNTING license
[to which] WITH a valid bowhunting [stamp is affixed or to holders of  a
junior  archery,  resident or non-resident super-sportsman, or non-resi-
dent bowhunting license] PRIVILEGE.
  S 10.  Paragraph a of subdivision 8 of section 11-0907 of the environ-
mental conservation law, as amended by section 45 of part F  of  chapter
82 of the laws of 2002, is amended to read as follows:
  a.  In  every  area identified in column one of the table set forth in
subdivision 2 of this section, except those areas restricted to  special
seasons  for  taking  deer  by longbow only, special open seasons may be
established by regulation for taking deer and/or bear,  by  the  use  of
muzzle-loading  firearms, of not less than .44 caliber shooting a single
projectile, by the holders of a [small and big game, sportsman  or  free
sportsman] HUNTING license [to which] WITH a valid muzzle-loading [stamp
is  affixed or to holders of a resident or non-resident super-sportsman,
or non-resident muzzle-loading license] PRIVILEGE.
  S 11. Subdivision 7 of section 11-0913 of the environmental  conserva-
tion  law,  as amended by section 6 of part KK of chapter 59 of the laws
of 2009, is amended to read as follows:
  7. The department shall charge and receive a fee of  ten  dollars  for
the application and the processing of such permit or permits. Applicants
who  are  successful  in  the  computerized  selection shall receive the
permit or permits free of any additional  charge.  The  application  fee

S. 2608--B                         67                         A. 3008--B

shall  be  non-refundable.  The department may waive the application fee
for holders of a lifetime  sportsman  license  existing  as  of  October
first,  two  thousand  nine[,  junior  archery  license, resident super-
sportsman  license,  or junior hunting license] AND HOLDERS OF A HUNTING
LICENSE LESS THAN SIXTEEN YEARS OF AGE.
  S 12. Subdivisions 4 and 5 of section  11-0929  of  the  environmental
conservation  law  are REPEALED, and subdivisions 1 and 2, as amended by
chapter 344 of the laws of 2008, are amended to read as follows:
  1. A licensee who is twelve or thirteen years of age shall not:
  A. hunt wildlife with a gun or a longbow, OTHER THAN DEER OR BEAR WITH
A LONGBOW AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, unless  he  or
she  is  accompanied  by  his  or  her parent or legal guardian, or by a
person twenty-one years of age or older designated in writing by his  or
her parent or legal guardian on a form prescribed by the department, who
holds a license which authorizes the holder to hunt wildlife[.];
  B. HUNT DEER OR BEAR WITH A LONGBOW UNLESS:
  (1)  HE  OR SHE IS ACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN,
OR BY A PERSON DESIGNATED IN WRITING BY HIS OR HER PARENT OR LEGAL GUAR-
DIAN ON A FORM PRESCRIBED BY THE DEPARTMENT WHO IS TWENTY-ONE  YEARS  OF
AGE OR OLDER, AND
  (2)  SUCH  PARENT,  GUARDIAN OR PERSON HAS HAD AT LEAST THREE YEARS OF
EXPERIENCE IN HUNTING DEER OR BEAR WITH A LONGBOW, AND
  (3) SUCH PARENT, GUARDIAN OR PERSON HOLDS A HUNTING LICENSE, AND
  (4) SUCH PARENT, GUARDIAN OR PERSON MAINTAINS  PHYSICAL  CONTROL  OVER
THE  MINOR HE OR SHE IS ACCOMPANYING AT ALL TIMES WHILE HUNTING. FOR THE
PURPOSES OF THIS PARAGRAPH "PHYSICAL CONTROL" SHALL MEAN THAT THE  PHYS-
ICAL  PROXIMITY  OF  THE MINOR TO THE PARENT, GUARDIAN OR PERSON IS SUCH
THAT THE PARENT, GUARDIAN OR PERSON IS REASONABLY ABLE TO  ISSUE  VERBAL
DIRECTIONS  AND  INSTRUCTIONS,  MAINTAIN  CONSTANT  VISUAL  CONTACT, AND
OTHERWISE PROVIDE GUIDANCE AND SUPERVISION TO THE MINOR.
  2. A licensee who is fourteen or fifteen years of age shall not:
  a. hunt wildlife with a gun or longbow, other than wild deer  or  bear
as provided in paragraph b OR C of this subdivision, unless he or she is
accompanied  by  his  or  her parent or legal guardian holding a license
which authorizes the holder to hunt wildlife, or by  a  person  eighteen
years  of  age  or  older, designated in writing by his or her parent or
legal guardian, holding such license;
  b. hunt wild deer or bear with a gun unless:
  (1) he or she is accompanied by his or her parent or a legal guardian,
or a youth mentor who is twenty-one years of age or older designated  in
writing  by  the  parent  or  legal  guardian  of the licensee on a form
prescribed by the department; and
  (2) such parent, guardian or youth mentor has had at least three years
of experience in hunting big game; and
  (3) such parent, guardian  or  youth  mentor  holds  a  license  which
authorizes the holder to hunt big game; and
  (4)  such  parent, guardian or youth mentor maintains physical control
over the minor he or she is accompanying at all times while hunting; and
  (5) such parent, guardian or youth mentor and the minor he or  she  is
accompanying remain at ground level at all times while hunting; and
  (6)  such  parent, guardian or youth mentor and the minor he or she is
accompanying shall each display either a minimum total  of  two  hundred
fifty square inches of solid fluorescent orange or patterned fluorescent
orange consisting of no less than fifty percent fluorescent orange mate-
rial  worn  above the waist and visible from all directions, or a hat or
cap with no less than fifty percent of the exterior consisting of  solid

S. 2608--B                         68                         A. 3008--B

fluorescent  orange  material  and  visible  from  all  directions.  For
purposes of this paragraph, "physical control" shall mean that the phys-
ical proximity of the minor to the parent, guardian or youth  mentor  is
such  that  the  parent,  guardian or youth mentor is reasonably able to
issue verbal  directions  and  instructions,  maintain  constant  visual
contact, and otherwise provide guidance and supervision to the minor.
  C. HUNT DEER OR BEAR WITH A LONGBOW UNLESS HE OR SHE IS ACCOMPANIED BY
HIS  OR HER PARENT OR LEGAL GUARDIAN, OR BY A PERSON DESIGNATED IN WRIT-
ING BY HIS OR HER PARENT OR LEGAL GUARDIAN ON A FORM PRESCRIBED  BY  THE
DEPARTMENT  WHO  IS  EIGHTEEN  YEARS  OF AGE OR OLDER AND WHO HAS HAD AT
LEAST ONE YEAR OF EXPERIENCE IN HUNTING DEER OR  BEAR  BY  LONGBOW,  AND
SUCH  ACCOMPANYING  PARENT,  GUARDIAN  OR  PERSON  HOLDS A LICENSE WHICH
AUTHORIZES THE HOLDER TO HUNT BIG GAME DURING THE SPECIAL ARCHERY SEASON
AND THE REGULAR OPEN SEASON.
  S 13. Subdivision 1 of section 13-0355 of the environmental  conserva-
tion  law,  as amended by section 1 of part AA of chapter 60 of the laws
of 2011, is amended to read as follows:
  1. Definitions of registrations;  privileges.  A  recreational  marine
fishing  registration entitles the holder who is sixteen years of age or
older to take fish from the waters of the marine  and  coastal  district
and  to  take  migratory  fish  of the sea from all waters of the state,
except as provided in sections 13-0333 and  13-0335  of  this  title.  A
recreational  marine  fishing registration is effective for [a registra-
tion year beginning January first and ending December thirty-first]  ONE
YEAR FROM THE DATE IT WAS ISSUED.
  S 14. Section 9 of part AA of chapter 60 of the laws of 2011, amending
the  environmental  conservation  law relating to saltwater recreational
fishing registrations, is amended to read as follows:
  S 9. This act shall take effect immediately [and shall expire  and  be
deemed repealed December 31, 2013].
  S  15.  Subdivisions  1  and 2 of section 11-0702 of the environmental
conservation law, subdivision 1 as amended by section 2 of  part  AA  of
chapter  60  of the laws of 2011 and subdivision 2 as amended by section
18 of part F of chapter 82 of the laws of 2002, are amended to  read  as
follows:
  1.  There  are hereby created the following lifetime hunting, fishing,
[trapping,]  archery  and  muzzle-loading  licenses  and  fees  therefor
subject  to  the  same  privileges and obligations of a comparable short
term license:

             Licenses                               Fees
      a. Lifetime [sportsman] HUNTING
     license, FISHING LICENSE and turkey
     permit. If purchased,
     for a  child four years
     of age or younger                              $380.00

      for a child age five through
     eleven years of age                            $535.00

      for a person age twelve through
     sixty-nine years of age                        $765.00

      for a person age seventy
      and over.                                     $65.00

S. 2608--B                         69                         A. 3008--B

      b. Lifetime [small and
     big game] HUNTING license.                     $535.00

      c. Lifetime fishing
     license for a person age
     sixty-nine or younger.                         $460.00

      d. Lifetime fishing license
     for a person age seventy
     and over.                                      $ 65.00

      e. [Lifetime trapping
     license.                                       $395.00

      f.] Lifetime archery
     [stamp] PRIVILEGE.                             $235.00

      [g.] F. Lifetime muzzle-
     loading [stamp] PRIVILEGE.                     $235.00

      [j.] G. For transfer to a person pursuant
     to section 11-0704 of this title                $50.00

  The holder of a lifetime [small and big game] HUNTING license or LIFE-
TIME  fishing  license may, at any time, convert such license to a life-
time [sportsman] license [and turkey permit] PURSUANT TO PARAGRAPH A  OF
THIS  SUBDIVISION for an additional fee equal to the [existing differen-
tial] DIFFERENCE BETWEEN THE CURRENT FEE FOR THE NEW LICENSE AND THE FEE
ORIGINALLY PAID FOR THE LICENSE.
  2. Legal residency within the state of New York shall be  a  prerequi-
site  for  persons  to  obtain,  or have obtained for them, any lifetime
licenses included within this section.  Lifetime  licenses  so  obtained
shall  continue  to  be  valid for use within the state by the person to
whom the lifetime license was issued, regardless of a change in residen-
cy of that lifetime license holder. Holders of lifetime  licenses  which
include  lifetime [big game] HUNTING privileges who become non-residents
of the state may continue to obtain resident bowhunting and muzzle-load-
ing [stamps] PRIVILEGES, including lifetime archery  and  muzzle-loading
[stamps]  PRIVILEGES.    Holders  of  lifetime  [licenses which include]
bowhunting and muzzle-loading privileges who become non-residents of the
state may continue to obtain resident  [big  game]  HUNTING  privileges,
including  A lifetime [sportsman or small and big game licenses] LICENSE
WITH HUNTING PRIVILEGES.  [An annual turkey permit will be granted at no
additional fee as an  additional  privilege  of  all  existing  lifetime
sportsman licenses.] Possession of lifetime licenses is nontransferable.
  S  16.  The  department  of environmental conservation shall no longer
issue new lifetime trapping licenses on or  after  April  1,  2013.  Any
holder  of  a lifetime trapping license as of February 22, 2013 shall be
issued a lifetime hunting license or, if such holder also has a lifetime
hunting license, a refund based on  the  fee  originally  paid  for  the
license.
  S  17.  The  section  heading  of section 11-0707 of the environmental
conservation law is amended to read as follows:
Exemptions from requirement of hunting[, big  game,]  AND  fishing  [and
             trapping] licenses.

S. 2608--B                         70                         A. 3008--B

  S  18. Subdivision 5 of section 11-1911 of the environmental conserva-
tion law, as amended by chapter 57 of the laws of 1993,  is  amended  to
read as follows:
  5.  The holder of a fishing, [three] ONE-day or [five] SEVEN-day fish-
ing, [combination] OR A  free  [hunting-big  game  hunting-]fishing  [or
combined  resident  hunting,  fishing  and  big game license or combined
non-resident hunting, fishing, big game, bowhunting and  muzzle-loading]
license,  or  a  person  entitled  to  exercise the privileges of such a
license, may, with the permission of the licensee, take fish by  angling
from  the licensed pond provided the holder complies with the provisions
of title 13 of the Fish and Wildlife Law, with respect to open  seasons,
minimum size limits and daily and seasonal possession limits.
  S  19. Subdivision 8 of section 71-0921 of the environmental conserva-
tion law, as amended by chapter 595 of the laws of 1984, is  amended  to
read as follows:
  8.  Making a false statement in applying for a license, [stamp] PRIVI-
LEGE or permit under the Fish and Wildlife Law, or for a certificate  in
lieu  of  a  lost license or [stamp] PRIVILEGE or a duplicate [big game]
HUNTING license tag under title 7 of article 11 of  this  chapter.  Each
such  misdemeanor  shall be punishable by imprisonment for not more than
three months, or by a fine of not more than two hundred dollars,  or  by
both  such  imprisonment and fine. In addition, the department may imme-
diately revoke the license, [stamp] PRIVILEGE, permit or certificate for
which application was made for the remainder of its effective term.
  S 20. This act shall take effect February 1, 2014; provided,  however,
that  the  amendments to paragraph c of subdivision 1 of section 11-0907
of the environmental conservation law made by section six  of  this  act
and the amendments to paragraph a of subdivision 3 of section 11-0907 of
the  environmental  conservation  law  made by section eight of this act
shall not affect the expiration of such paragraphs pursuant  to  section
13  of  chapter 600 of the laws of 1993, as amended, when upon such date
sections seven and nine of this act shall take effect, provided further,
that the amendments to section 9 of part AA of chapter 60 of the laws of
2011 made by section fourteen of this act and section  sixteen  of  this
act shall take effect immediately.

                                 PART S

  Section  1.  Legislative  findings.  The  legislature hereby finds and
determines:
  1. In 2011 and 2012, three storms of enormous  magnitude  -  Hurricane
Irene, Tropical Storm Lee and Superstorm Sandy - each battered New York,
causing  billions  of  dollars  of  damage to roads, buildings and other
infrastructure. The three storms collectively resulted  in  millions  of
residential,  business  and  industrial  customers of electric utilities
losing electricity for extended periods of time.
  2. Each of these storms caused, among other things,  a  disruption  in
the  distribution  and  supply of motor fuels, and in the case of Super-
storm Sandy, motorists were unable to obtain routine  supplies  of  fuel
for several weeks.
  3.  In  addition,  temporary  fuel distribution disruptions associated
with the aftermath of a storm  can  result  in  emergency  vehicles  and
responders unable to adequately address ongoing public safety and health
emergencies,  delay  an  appropriate  response to infrastructure damages
caused by a storm, and otherwise disrupt commerce in the  state  due  to
difficulty to obtain readily available motor fuels.

S. 2608--B                         71                         A. 3008--B

  4.  On  November  15,  2012, in response to Superstorm Sandy, Governor
Andrew M.  Cuomo announced the creation of the NYS Ready Commission  and
tasked  it with finding ways to ensure critical systems and services are
prepared for future natural disasters and other emergencies. As  related
to  this  act, the Commission was tasked with addressing vulnerabilities
in the state's energy systems.
  5. The NYS  Ready  Commission  recommended,  among  other  things,  to
require that retail gasoline outlets located in strategic locations have
on-site  back-up power capacity to ensure that such outlets can continue
fuel sales operations during a long-term electric outage. The purpose of
this act is to ensure that the state is better situated in the future to
address the temporary disruption of retail fuel supplies.
  S 2. The agriculture and markets  law  is  amended  by  adding  a  new
section 192-h to read as follows:
  S  192-H. ALTERNATE GENERATED POWER SOURCE AT RETAIL GASOLINE OUTLETS.
1. DEFINITIONS. WHEN USED IN THIS SECTION:
  (A) "ALTERNATE  GENERATED  POWER  SOURCE"  MEANS  ELECTRIC  GENERATING
EQUIPMENT  THAT  IS  OF A CAPACITY THAT IS CAPABLE OF PROVIDING ADEQUATE
ELECTRICITY TO OPERATE ALL DISPENSERS, DISPENSING EQUIPMENT, LIFE SAFETY
SYSTEMS AND PAYMENT-ACCEPTANCE EQUIPMENT LOCATED AT A RETAIL OUTLET  AND
WHICH CAN OPERATE INDEPENDENT OF THE LOCAL ELECTRIC UTILITY DISTRIBUTION
SYSTEM AND PROVIDE ELECTRICITY DURING A GENERAL POWER OUTAGE OR DECLARED
FUEL SUPPLY ENERGY EMERGENCY TO OPERATE THE SYSTEMS NAMED HEREIN.
  (B)  "CHAIN OF RETAIL OUTLETS" MEANS A NETWORK OF SUBSIDIARIES, AFFIL-
IATES OR OTHER RETAIL OUTLETS, UNDER DIRECT OR INDIRECT COMMON  CONTROL,
WITH  TEN  OR  MORE RETAIL OUTLETS LOCATED IN A SINGLE REGION; PROVIDED,
HOWEVER THAT THIS TERM DOES NOT INCLUDE ANY FRANCHISOR OF THE  BRAND  OF
MOTOR FUEL BEING SOLD AT SUCH OUTLET.
  (C)  "CONTROLLED ACCESS HIGHWAY" MEANS EVERY HIGHWAY, STREET, OR ROAD-
WAY IN RESPECT TO WHICH OWNERS OR OCCUPANTS OF ABUTTING LANDS AND  OTHER
PERSONS HAVE NO LEGAL RIGHT OF ACCESS TO OR FROM THE SAME EXCEPT AT SUCH
POINTS  ONLY  AND  IN  SUCH  MANNER  AS  MAY BE DETERMINED BY THE PUBLIC
AUTHORITY HAVING JURISDICTION OVER SUCH HIGHWAY, STREET, OR ROADWAY.
  (D) "DIESEL MOTOR FUEL" MEANS ANY FUEL SOLD IN THIS STATE AND FOR  USE
IN  DIESEL  ENGINES  WHICH  IS COMMERCIALLY KNOWN OR OFFERED FOR SALE AS
DIESEL MOTOR FUEL.
  (E) "DISPENSER" MEANS A DEVICE LOCATED AT A RETAIL OUTLET THAT IS USED
TO PUMP MOTOR FUEL FROM AN ABOVE GROUND OR UNDERGROUND STORAGE TANK INTO
A MOTOR VEHICLE.
  (F) "EVACUATION ROUTE" MEANS THOSE ROADS  DESIGNATED  BY  EACH  COUNTY
THAT ARE TO BE USED BY MOTORISTS IN CASE OF A HURRICANE OR OTHER NATURAL
DISASTER.
  (G)  "GASOLINE"  MEANS ANY FUEL SOLD IN THIS STATE FOR USE IN INTERNAL
COMBUSTION ENGINES WHICH IS COMMERCIALLY KNOWN OR OFFERED  FOR  SALE  AS
GASOLINE, WHETHER OR NOT BLENDED WITH ETHANOL OR OTHER CHEMICALS.
  (H)  "MOTOR  FUEL" MEANS ANY PETROLEUM PRODUCT, INCLUDING ANY GASOLINE
OR DIESEL MOTOR FUEL, WHICH IS USED FOR THE PROPULSION  OF  MOTOR  VEHI-
CLES.
  (I) "REGION" MEANS EACH OF THE FOLLOWING REGIONS OF THE STATE:
  (1)  CAPITAL  REGION:  INCLUDES  ALBANY, COLUMBIA, GREENE, RENSSELAER,
SARATOGA, SCHENECTADY, WARREN AND WASHINGTON COUNTIES.
  (2) CENTRAL NEW YORK REGION: INCLUDES CAYUGA, CORTLAND, MADISON, ONON-
DAGA AND OSWEGO COUNTIES.
  (3) FINGER LAKES REGION: INCLUDES GENESEE, LIVINGSTON, MONROE,  ONTAR-
IO, ORLEANS, SENECA, WAYNE, WYOMING AND YATES COUNTIES.
  (4) LONG ISLAND REGION: INCLUDES NASSAU AND SUFFOLK COUNTIES.

S. 2608--B                         72                         A. 3008--B

  (5)  MID-HUDSON  REGION:  INCLUDES DUTCHESS, ORANGE, PUTNAM, ROCKLAND,
SULLIVAN, ULSTER AND WESTCHESTER COUNTIES.
  (6) MOHAWK VALLEY REGION: INCLUDES FULTON, HERKIMER, MONTGOMERY, ONEI-
DA, OTSEGO AND SCHOHARIE COUNTIES.
  (7)  NEW YORK CITY REGION: INCLUDES BRONX, KINGS, NEW YORK, QUEENS AND
RICHMOND COUNTIES.
  (8) NORTH COUNTRY REGION: INCLUDES CLINTON, ESSEX, FRANKLIN, HAMILTON,
JEFFERSON, LEWIS AND ST. LAWRENCE COUNTIES.
  (9) SOUTHERN TIER REGION: INCLUDES BROOME,  CHEMUNG,  CHENANGO,  DELA-
WARE, SCHUYLER, STEUBEN, TIOGA AND TOMPKINS COUNTIES.
  (10) WESTERN NEW YORK REGION: INCLUDES ALLEGANY, CATTARAUGUS, CHAUTAU-
QUA, ERIE AND NIAGARA COUNTIES.
  (J)  "RETAILER"  SHALL  MEAN  ANY  PERSON  WHO OWNS, LEASES, OPERATES,
CONTROLS, OR SUPERVISES A RETAIL OUTLET THAT IS SUBJECT TO THE  REQUIRE-
MENTS OF SUBDIVISION TWO OF THIS SECTION.
  (K) "RETAIL OUTLET" MEANS A FACILITY, INCLUDING ALL LAND, IMPROVEMENTS
AND  ASSOCIATED  STRUCTURES AND EQUIPMENT, THAT DISPENSES MOTOR FUEL FOR
SALE TO THE GENERAL PUBLIC.
  (L) "SUBSTANTIAL IMPROVEMENT" MEANS ANY REPAIR, RECONSTRUCTION,  REHA-
BILITATION,  ADDITION  OR  IMPROVEMENT  OF  A RETAIL OUTLET, THE COST OF
WHICH EQUALS OR EXCEEDS FIFTY PERCENT OF THE MARKET VALUE OF THE  RETAIL
OUTLET BEFORE THE IMPROVEMENT OR REPAIR IS STARTED.
  2.  PREWIRING  AND  TRANSFER SWITCH. (A) EACH NEWLY CONSTRUCTED RETAIL
OUTLET AND EACH RETAIL OUTLET MODIFIED BY A SUBSTANTIAL IMPROVEMENT  FOR
WHICH  A BUILDING PERMIT IS ISSUED ON OR AFTER MARCH FIRST, TWO THOUSAND
FOURTEEN, SHALL BE PREWIRED WITH  AN  APPROPRIATE  TRANSFER  SWITCH  FOR
USING  AN ALTERNATE GENERATED POWER SOURCE CAPABLE OF PROVIDING ADEQUATE
ELECTRICITY TO OPERATE ALL DISPENSERS, DISPENSING EQUIPMENT, LIFE SAFETY
SYSTEMS, AND PAYMENT-ACCEPTANCE EQUIPMENT AT EACH SUCH RETAIL OUTLET.
  (B) NO LATER THAN MARCH FIRST, TWO THOUSAND FOURTEEN: (I) EACH  EXIST-
ING  RETAIL OUTLET THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD MEASURE-
MENT, EXCLUSIVE OF THE EXIT ROAD, FROM AN EVACUATION ROUTE OR CONTROLLED
ACCESS HIGHWAY; OR (II) FIFTY PERCENT OF  ALL  EXISTING  RETAIL  OUTLETS
THAT  ARE  PART OF A CHAIN OF RETAIL OUTLETS EXCLUSIVE OF THOSE INCLUDED
IN SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE PREWIRED WITH  AN  APPRO-
PRIATE  TRANSFER  SWITCH  FOR  USING AN ALTERNATE GENERATED POWER SOURCE
CAPABLE OF PROVIDING ADEQUATE ELECTRICITY  TO  OPERATE  ALL  DISPENSERS,
DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT-ACCEPTANCE EQUIP-
MENT  AT  SUCH RETAIL OUTLET; PROVIDED, HOWEVER, THAT EACH RETAIL OUTLET
THAT DOES NOT MEET THE CRITERIA IN SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH
THAT  IS  PART OF A CHAIN OF RETAIL OUTLETS SHALL BE REQUIRED TO INSTALL
SUCH EQUIPMENT BY NO LATER THAN MARCH FIRST, TWO THOUSAND  SIXTEEN;  AND
FURTHER  PROVIDED THAT THE REQUIREMENTS OF THIS PARAGRAPH ARE INAPPLICA-
BLE TO ANY RETAIL OUTLET  THAT  SOLD  LESS  THAN  SEVENTY-FIVE  THOUSAND
GALLONS PER MONTH ON AVERAGE OF MOTOR FUEL IN CALENDAR YEAR TWO THOUSAND
TWELVE.
  (C) SUCH TRANSFER SWITCH AND ALL ASSOCIATED ELECTRICAL WIRING SHALL BE
INSTALLED,  OPERATED,  AND  MAINTAINED IN COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE NEW YORK STATE UNIFORM FIRE  PREVENTION  AND  BUILDING
CODE  OR ANY APPLICABLE LOCAL BUILDING CODE OR STANDARD. INSTALLATION OF
APPROPRIATE WIRING  AND  TRANSFER  SWITCHES  SHALL  BE  PERFORMED  BY  A
LICENSED ELECTRICAL CONTRACTOR.
  (D)  EACH  RETAILER  SHALL KEEP ON FILE AT THE RETAIL OUTLET A WRITTEN
STATEMENT IN A FORM APPROVED BY THE DEPARTMENT AND CONTAINING AN  ATTES-
TATION  BY  A  LICENSED  ELECTRICIAN THAT THE WIRING AND TRANSFER SWITCH
WERE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS.  IN

S. 2608--B                         73                         A. 3008--B

ADDITION,  EACH  SUCH  RETAILER MUST KEEP ON FILE AT THE RETAIL OUTLET A
WRITTEN STATEMENT ATTESTING TO THE PERIODIC TESTING OF AND ENSURED OPER-
ATIONAL CAPACITY OF THE EQUIPMENT.
  3.  PLAN  FOR ALTERNATE GENERATED POWER SOURCE. EACH RETAILER SHALL BY
MARCH FIRST, TWO THOUSAND FOURTEEN HAVE  IN  PLACE  AT  EACH  APPLICABLE
RETAIL  OUTLET  A  WRITTEN  PLAN IN A FORM APPROVED BY THE DEPARTMENT TO
DEPLOY AND INSTALL WITHIN TWENTY-FOUR HOURS OF EITHER THE DECLARATION OF
AN ENERGY OR FUEL SUPPLY EMERGENCY ISSUED BY THE  GOVERNOR,  THE  COUNTY
EXECUTIVE  OR  CHIEF ELECTED OFFICIAL OF A COUNTY OR THE MAYOR OF A CITY
WITH A POPULATION IN EXCESS OF ONE MILLION INHABITANTS OR  THE  LOSS  OF
ELECTRIC  POWER, WHICHEVER IS LATER, AN ALTERNATE GENERATED POWER SOURCE
CAPABLE OF PROVIDING ADEQUATE ELECTRICITY  TO  OPERATE  ALL  DISPENSERS,
DISPENSING  EQUIPMENT, LIFE SAFETY SYSTEMS AND PAYMENT-ACCEPTANCE EQUIP-
MENT LOCATED AT SUCH RETAIL OUTLET; PROVIDED, HOWEVER,  THAT,  FOR  EACH
RETAILER  THAT  IS  PART OF A CHAIN OF RETAIL OUTLETS, SUCH WRITTEN PLAN
SHALL BE IN PLACE BY THE DATE  OF  INSTALLATION  OF  THE  PREWIRING  AND
TRANSFER  SWITCH  REQUIRED TO BE INSTALLED UNDER SUBDIVISION TWO OF THIS
SECTION; AND FURTHER PROVIDED THAT IN THE CASE OF  A  RETAILER  THAT  IS
PART OF A CHAIN OF RETAIL OUTLETS AND TO WHICH SUBPARAGRAPH (I) OF PARA-
GRAPH  (B)  OF  SUBDIVISION TWO OF THIS SECTION DOES NOT APPLY, THE PLAN
SHALL PROVIDE FOR THE DEPLOYMENT  AND  INSTALLATION  WITHIN  FORTY-EIGHT
HOURS.    SUCH  PLAN SHALL INCLUDE, AMONG OTHER THINGS, EITHER A RECEIPT
SHOWING OWNERSHIP OF SUCH POWER SOURCE OR A CONTRACT WITH A SUPPLIER  OF
SUCH  POWER  SOURCE  STATING THAT SUCH POWER SOURCE WILL BE PROVIDED AND
INSTALLED WITHIN THE TWENTY-FOUR HOUR PERIOD.
  4. INSPECTION;  RECORDKEEPING;  REPORTING.  THE  COMMISSIONER  OR  THE
COMMISSIONER'S  DESIGNEE  SHALL  BE  AUTHORIZED  TO ENTER DURING REGULAR
BUSINESS HOURS UPON A RETAIL OUTLET SUBJECT TO THE REQUIREMENTS OF  THIS
SECTION FOR THE PURPOSE OF DETERMINING COMPLIANCE WITH THE PROVISIONS OF
THIS  SECTION  AND  ANY  RULES OR REGULATIONS PROMULGATED HEREUNDER. ALL
DOCUMENTS REQUIRED PURSUANT  TO  SUBDIVISIONS  TWO  AND  THREE  OF  THIS
SECTION  SHALL  BE  MAINTAINED  AT THE APPLICABLE RETAIL OUTLET AND MADE
AVAILABLE TO  THE  COMMISSIONER  OR  THE  COMMISSIONER'S  DESIGNEE  UPON
REQUEST.  IN ADDITION, EACH RETAILER OF A RETAIL OUTLET SHALL PROVIDE TO
THE DEPARTMENT BY MARCH FIRST, TWO THOUSAND FOURTEEN AND EVERY TWO YEARS
THEREAFTER WRITTEN DOCUMENTATION IN A FORM APPROVED  BY  THE  DEPARTMENT
CERTIFYING  THAT  SUCH  RETAIL OUTLET IS IN COMPLIANCE WITH THE REQUIRE-
MENTS OF SUBDIVISIONS TWO AND THREE  OF  THIS  SECTION,  AND  ANY  OTHER
REQUIREMENT SPECIFIED BY ANY RULES OR REGULATIONS PROMULGATED HEREUNDER;
PROVIDED,  HOWEVER, THAT, FOR EACH RETAIL OUTLET THAT IS PART OF A CHAIN
OF RETAIL OUTLETS, SUCH WRITTEN NOTIFICATION SHALL BE  PROVIDED  TO  THE
DEPARTMENT WITHIN TEN DAYS AFTER THE DATE OF INSTALLATION OF THE PREWIR-
ING  AND  TRANSFER SWITCH REQUIRED TO BE INSTALLED UNDER SUBDIVISION TWO
OF THIS SECTION AND EVERY TWO YEARS THEREAFTER.
  5. EMERGENCY DEPLOYMENT. IN THE EVENT THAT A DECLARATION OF AN  ENERGY
OR FUEL SUPPLY EMERGENCY ISSUED BY THE GOVERNOR, THE COUNTY EXECUTIVE OR
CHIEF  ELECTED  OFFICIAL OF A COUNTY OR THE MAYOR OF A CITY WITH A POPU-
LATION IN EXCESS OF ONE MILLION INHABITANTS, IS IN EFFECT AND  A  RETAIL
OUTLET  SUBJECT  TO THE REQUIREMENTS OF THIS SECTION IS WITHOUT ELECTRIC
POWER, EACH RETAILER SHALL DEPLOY AND  INSTALL  AN  ALTERNATE  GENERATED
POWER  SOURCE TO PROVIDE ADEQUATE ELECTRICITY TO OPERATE ALL DISPENSERS,
DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS AND PAYMENT-ACCEPTANCE  EQUIP-
MENT  LOCATED  AT EACH RETAIL OUTLET SUBJECT TO THE REQUIREMENTS OF THIS
SECTION WITHIN TWENTY-FOUR HOURS OF EITHER THE DECLARATION OF SUCH EMER-
GENCY OR THE LOSS OF ELECTRIC POWER, WHICHEVER IS LATER;  PROVIDED  THAT
IN  THE CASE OF A RETAILER THAT IS PART OF A CHAIN OF RETAIL OUTLETS AND

S. 2608--B                         74                         A. 3008--B

TO WHICH SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION  TWO  OF  THIS
SECTION  DOES  NOT  APPLY,  THE  DEPLOYMENT AND INSTALLATION SHALL OCCUR
WITHIN FORTY-EIGHT HOURS OF EITHER THE DECLARATION OF SUCH EMERGENCY  OR
THE  LOSS  OF  ELECTRIC  POWER,  WHICHEVER IS LATER. NOTWITHSTANDING THE
FOREGOING, SUCH RETAILER SHALL NOT BE IN VIOLATION OF  THIS  SUBDIVISION
IF HE OR SHE IS UNABLE TO DEPLOY, INSTALL OR OPERATE AN ALTERNATE GENER-
ATED POWER SOURCE BECAUSE OF UNCONTROLLABLE CIRCUMSTANCES, INCLUDING BUT
NOT LIMITED TO RESTRICTIONS IMPOSED BY PUBLIC SAFETY OFFICERS TO ADDRESS
AN  EMERGENCY  SITUATION  OR  THAT SUCH RETAIL STATION IS MADE UNSAFE OR
UNABLE TO OPERATE DUE TO ACTS OF GOD, FIRES, FLOODS, EXPLOSIONS  OR  THE
SAFETY OF PERSONNEL NEEDED TO OPERATE SUCH EQUIPMENT.
  6.  RULES  AND REGULATIONS; NOTIFICATION OF APPLICABILITY. THE COMMIS-
SIONER SHALL HAVE THE AUTHORITY, WITH THE ASSISTANCE OF THE COMMISSIONER
OF TRANSPORTATION, THE COMMISSIONER OF HOMELAND SECURITY  AND  EMERGENCY
SERVICES  AND THE SECRETARY OF STATE, TO PROMULGATE SUCH RULES AND REGU-
LATIONS AS THE COMMISSIONER  SHALL  DEEM  NECESSARY  TO  EFFECTUATE  THE
PURPOSES OF THIS SECTION. THE COMMISSIONER SHALL BY MAY FIRST, TWO THOU-
SAND  THIRTEEN:    (A)  NOTIFY  BY  FIRST CLASS MAIL ALL EXISTING RETAIL
OUTLETS THAT APPEAR TO MEET THE CRITERIA SPECIFIED IN PARAGRAPH  (B)  OF
SUBDIVISION  TWO OF THIS SECTION OF THE REQUIREMENTS OF THIS SECTION AND
INCLUDE WITH SUCH NOTIFICATION ANY OTHER INFORMATION DEEMED NECESSARY BY
THE COMMISSIONER, INCLUDING INFORMATION REGARDING  APPLICABILITY  CRITE-
RIA,  COMPLIANCE  MEASURES AND POTENTIAL GRANT ASSISTANCE; (B) PROVIDE A
LIST OF ALL SUCH RETAIL OUTLETS TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY; AND (C) POST SUCH LIST ON
THE DEPARTMENT'S WEBSITE. ANY RETAILER OF A RETAIL OUTLET  SPECIFIED  ON
SUCH LIST SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION UNLESS HE
OR  SHE  PROVIDES WRITTEN DOCUMENTATION TO THE DEPARTMENT BY JULY FIRST,
TWO THOUSAND THIRTEEN PROVING THAT SUCH OUTLET DOES NOT QUALIFY PURSUANT
TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS  SECTION.  THE  COMMISSIONER
SHALL  UPDATE  SUCH  LIST EVERY FIVE YEARS THEREAFTER AND NOTIFY ALL NEW
RETAIL OUTLETS THAT BECOME SUBJECT TO THE REQUIREMENTS OF THIS  SECTION;
PROVIDED, HOWEVER, THAT COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION
IS NOT CONDITIONED ON SUCH NOTIFICATION.
  7.  VIOLATIONS  AND  PENALTIES. ANY RETAILER WHO VIOLATES, DISOBEYS OR
DISREGARDS ANY PROVISION OF THIS SECTION,  OR  ANY  RULE  OR  REGULATION
PROMULGATED  HEREUNDER, SHALL BE LIABLE TO THE PEOPLE OF THE STATE FOR A
CIVIL PENALTY OF UP TO TWO THOUSAND  DOLLARS  PER  DAY  FOR  EVERY  SUCH
VIOLATION, TO BE ASSESSED BY THE COMMISSIONER, AFTER A HEARING OR OPPOR-
TUNITY  TO BE HEARD UPON DUE NOTICE AND WITH THE RIGHT TO REPRESENTATION
BY COUNSEL. SUCH PENALTY MAY BE RECOVERED IN AN ACTION  BROUGHT  BY  THE
ATTORNEY  GENERAL  AT THE REQUEST AND IN THE NAME OF THE COMMISSIONER IN
ANY COURT OF COMPETENT JURISDICTION. SUCH CIVIL PENALTY MAY BE  RELEASED
OR  COMPROMISED  BY THE COMMISSIONER BEFORE THE MATTER HAS BEEN REFERRED
TO THE ATTORNEY GENERAL.  ADDITIONALLY, AFTER SUCH HEARING AND A FINDING
THAT SUCH RETAILER HAS VIOLATED THE PROVISIONS OF THIS  SECTION,  OR  OF
ANY  RULE  OR  REGULATION  PROMULGATED  THEREUNDER, THE COMMISSIONER MAY
ISSUE AND CAUSE TO BE SERVED UPON SUCH PERSON AN  ORDER  ENJOINING  SUCH
PERSON  FROM  VIOLATING SUCH PROVISIONS AND TAKING ALL NECESSARY ACTIONS
FOR SUCH PERSON TO COME INTO COMPLIANCE WITH SUCH PROVISIONS.  ANY  SUCH
ORDER  OF  THE  COMMISSIONER MAY BE ENFORCED IN AN ACTION BROUGHT BY THE
ATTORNEY GENERAL AT THE REQUEST AND IN THE NAME OF THE  COMMISSIONER  IN
ANY COURT OF COMPETENT JURISDICTION.
  8.  THE  PROVISIONS  OF THIS SECTION SHALL SUPERSEDE ALL LOCAL LAWS OR
ORDINANCES RELATING TO THE INSTALLATION AND DEPLOYMENT OF  AN  ALTERNATE

S. 2608--B                         75                         A. 3008--B

GENERATED  POWER  SOURCE OR ANY RELATED ELECTRICAL OR OTHER EQUIPMENT AT
ANY RETAIL OUTLET.
  9.  THE PROVISIONS OF THIS SECTION SHALL BE CONTINGENT ON THE APPROVAL
OF FEDERAL MITIGATION FUNDS FOR THE PROGRAM ESTABLISHED  UNDER  SUBDIVI-
SION TWENTY OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHOR-
ITIES LAW.
  S 3. Section 1854 of the public authorities law is amended by adding a
new subdivision 20 to read as follows:
  20. TO ADMINISTER A PROGRAM, USING FUNDS PROVIDED FOR SUCH PURPOSE, TO
PROVIDE  A  GRANT  FOR COSTS REQUIRED TO: (A) PREWIRE AN EXISTING RETAIL
OUTLET WITH AN APPROPRIATE TRANSFER SWITCH FOR USING AN ALTERNATE GENER-
ATED POWER SOURCE CAPABLE OF PROVIDING ADEQUATE ELECTRICITY  TO  OPERATE
ALL  DISPENSERS, DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT-
ACCEPTANCE EQUIPMENT AT SUCH RETAIL OUTLET;  AND/OR  (B)  PURCHASE  SUCH
POWER  SOURCE  OF NO GREATER THAN TEN THOUSAND DOLLARS FOR EACH EXISTING
RETAIL OUTLET SUBJECT TO THE REQUIREMENTS OF SECTION ONE  HUNDRED  NINE-
TY-TWO-H  OF  THE  AGRICULTURE  AND  MARKETS  LAW BASED ON STANDARDS AND
GUIDELINES ESTABLISHED BY THE AUTHORITY.   THE AUTHORITY MAY  OFFER  ANY
FUNDS  PROVIDED  FOR  SUCH  PURPOSE  AND NOT EXPENDED TO EXISTING RETAIL
OUTLETS THAT ARE NOT REQUIRED TO COMPLY WITH THE REQUIREMENTS OF SECTION
ONE HUNDRED NINETY-TWO-H OF THE AGRICULTURE AND  MARKETS  LAW  BUT  THAT
AGREE  TO COMPLY WITH THE REQUIREMENTS THEREIN AS A CONDITION OF RECEIPT
OF SUCH GRANT.
  S 4. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through S of this act shall  be
as specifically set forth in the last section of such Parts.

S2608C - Bill Details

See Assembly Version of this Bill:
A3008D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2608C - Bill Texts

view summary

Authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2013-2014 (Part A); relates to the statewide transmission tax and amends part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof (Part B); imposes driver's license sanctions (Part C); relates to the hours of operation of the department of motor vehicles; and provides for the repeal of such provisions upon expiration thereof (Part D); relates to enforcement assistance; and repeals section 357-a of the public authorities law relating to payment by the New York state thruway authority for services provided by the division of state police (Part E); establishes the "Cleaner, Greener NY Act of 2013"; repeals section 27-1017 of the environmental conservation law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part F); relates to mandatory tire acceptance (Part G); amends chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, in relation to the effectiveness thereof (Part H); to amend chapter 58 of the laws of 2012 amending the public authorities law, relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to extending certain authority of the dormitory authority of the state of New York and directing the dormitory authority to report on a design and construction management agreement between such authority and the department of environmental conservation and/or the office of parks, recreation and historic preservation (Part I); authorizes and directs the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part K); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part L); authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part M); amends chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part P); relates to the issuance of hunting and fishing licenses; amends part AA of chapter 60 of the laws of 2011, amending the environmental conservation law relating to saltwater recreational fishing registrations, in relation to making the provisions of such part permanent; and repeals certain provisions of such law relating thereto (Part R); amends the agriculture and markets law and the public authorities law, in relation to alternate generated power sources at retail gasoline outlets (Part S); requires the New York state energy research and development authority to develop recommendations regarding the establishment of microgrids (Part T); relates to the use of ultra low sulfur diesel fuel and best available technology by the state (Part U); relates to airport improvement and revitalization grants and loans (Part V).

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

                                 2608--C

                            I N  S E N A T E

                            January 22, 2013
                               ___________

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

AN ACT to authorize funding for the Consolidated Local Street and  High-
  way  Improvement  Program  (CHIPS)  and  Marchiselli program for state
  fiscal year 2013-2014; and to amend chapter 329 of the laws  of  1991,
  amending  the  state finance law and other laws relating to the estab-
  lishment of the dedicated highway and bridge trust fund (Part  A);  to
  amend  the  tax law, in relation to the statewide transmission tax and
  to amend part U1 of chapter 62 of the laws of 2003 amending the  vehi-
  cle  and  traffic  law  and  other laws relating to increasing certain
  motor vehicle transaction fees, in relation to the effectiveness ther-
  eof (Part B); to amend the vehicle and traffic  law,  in  relation  to
  imposing  drivers license sanctions (Part C); to amend the vehicle and
  traffic law, in relation to the hours of operation of  the  department
  of  motor  vehicles (Part D); intentionally omitted (Part E); to amend
  the environmental conservation law  and  the  state  finance  law,  in
  relation  to  establishing  the "Cleaner, Greener NY Act of 2013"; and
  repealing section 27-1017 of the environmental conservation law relat-
  ing thereto (Part F); to amend the environmental conservation law,  in
  relation  to  waste  tire  management  and recycling fees (Part G); to
  amend chapter 393 of the laws of 1994, amending  the  New  York  state
  urban  development  corporation act, relating to the powers of the New
  York state urban development corporation to make loans, in relation to
  the effectiveness thereof (Part H); to amend chapter 58 of the laws of
  2012 amending the public authorities law relating to  authorizing  the
  dormitory  authority  to  enter  into  certain design and construction
  management agreements, in relation to extending certain  authority  of
  the  dormitory  authority  of  the  state of New York (Part I); inten-
  tionally omitted (Part J); to authorize and direct the New York  state
  energy  research  and  development  authority to make a payment to the
  general fund of up to $913,000 (Part K); intentionally  omitted  (Part

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12573-05-3

S. 2608--C                          2

  L);  to  authorize  the department of health to finance certain activ-
  ities with revenues generated from an assessment on  cable  television
  companies  (Part  M);  to amend the public service law, in relation to
  reducing  the amount a utility can be assessed (Part N); intentionally
  omitted (Part O); to amend chapter 21 of the laws  of  2003,  amending
  the  executive  law  relating  to permitting the secretary of state to
  provide special handling for all documents  filed  or  issued  by  the
  division of corporations and to permit additional levels of such expe-
  dited  service,  in  relation to extending the expiration date thereof
  (Part P); intentionally omitted (Part Q); to amend  the  environmental
  conservation  law,  in relation to the issuance of hunting and fishing
  licenses; to amend part AA of chapter 60 of the laws of 2011, amending
  the environmental conservation law relating to saltwater  recreational
  fishing  registrations,  in  relation to making the provisions of such
  part permanent; and to repeal certain provisions of the  environmental
  conservation  law  relating  thereto  (Part  R);  to  amend the public
  authorities law, in relation to a grant program for  alternate  gener-
  ated  power  sources at retail gasoline outlets (Part S); to amend the
  environmental conservation law, in relation to the use  of  ultra  low
  sulfur  diesel  fuel  and best available technology by the state (Part
  T); to amend the vehicle and traffic law, in  relation  to  qualifica-
  tions  of  bus drivers (Part U); to amend the vehicle and traffic law,
  in relation to certain registrations of vehicles (Part  V);  to  amend
  the vehicle and traffic law, in relation to authorizing the department
  of  environmental conservation to establish certain speed limits (Part
  W); to amend the transportation law,  in  relation  to  sign  property
  licensing in certain cities (Part X); to amend the vehicle and traffic
  law,  the executive law, the penal law and the criminal procedure law,
  in relation  to  driving  while  intoxicated  and  ignition  interlock
  devices  (Part  Y); to amend the state finance law, in relation to the
  payment of interest due to not-for-profit organizations (Part  Z);  to
  amend  the  vehicle  and  traffic  law, in relation to signs on school
  buses (Part AA); to amend the agriculture  and  markets  law  and  the
  not-for-profit  corporation  law, in relation to licensure of exhibits
  or entertainment on fair grounds (Part BB); to amend  the  agriculture
  and  markets  law, in relation to agricultural assessment values (Part
  CC); to amend the canal  law,  the  public  officers  law,  the  state
  finance  law, the navigation law, the transportation law, the economic
  development law, the environmental conservation law, the parks, recre-
  ation and historic preservation law, the retirement and social securi-
  ty law, and the public authorities law, in  relation  to  transferring
  jurisdiction over the New York state canal system to the department of
  transportation; and to repeal certain provisions of the canal law, the
  transportation  law  and  the public authorities law, relating thereto
  (Part DD); to amend the public service law, in relation to the  publi-
  cation  of  certain  rates  and terms (Part EE); to amend the environ-
  mental conservation law, in relation to providing  the  definition  of
  integrated  pest  management (Part FF); to amend the economic develop-
  ment law and the public authorities law, in relation to  enacting  the
  northern  New  York  power proceeds allocation act (Part GG); to amend
  the state finance law, in relation to requiring release  of  appropri-
  ated  funds to specific regional transportation authorities (Part HH);
  to amend the public authorities law, in relation to  the  issuance  of
  bonds  for eligible electric generating facilities (Part II); to amend
  the state finance law, in relation to establishing the repowering  and
  local  mitigation fund (Part JJ); to amend the environmental conserva-

S. 2608--C                          3

  tion law, in relation  to  authorizing  crossbow  hunting  in  certain
  regions of the state (Part KK); enacting the "Rockland Bergen Bi-state
  watershed  flood prevention and protection act" and creating the Rock-
  land Bergen Bi-state River Commission (Part LL); to amend the environ-
  mental  conservation  law, in relation to providing for the regulation
  of electricity imported into the state  from  any  state  or  province
  outside  of  the  multi-state program (Part MM); to amend the environ-
  mental conservation law and the tax law,  in  relation  to  brownfield
  site  cleanup;  to  amend  the  environmental conservation law and the
  general municipal law, in relation to the brownfield opportunity  area
  program;  to  amend  the  navigation  law,  in relation to responsible
  parties for petroleum contaminated sites and incentives to parties who
  are willing to remediate petroleum contaminated sites; and  to  repeal
  section 31 of part H of chapter 1 of the laws of 2003 amending the tax
  law relating to brownfield redevelopment tax credits, relating thereto
  (Part NN); to amend the executive law, in relation to establishing the
  office  of  risk assessment and management (Part OO); to amend chapter
  56 of the laws of 2011 relating to permitting authorized  state  enti-
  ties  to  utilize the design-build method for infrastructure projects,
  in relation to the definition of authorized state entities (Part  PP);
  to  amend  the  racing,  pari-mutuel  wagering  and  breeding  law, in
  relation to the New York city off-track betting corporation (Part QQ);
  and to require the public service commission  to  develop  recommenda-
  tions regarding the establishment of microgrids (Part RR)

  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 2013-2014
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through RR. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1.  The sum of five hundred two million seven hundred ninety-
seven thousand dollars ($502,797,000), or so much thereof  as  shall  be
necessary, and in addition to amounts previously appropriated by law, is
hereby  made  available, in accordance with subdivision 1 of section 380
of the public authorities law as amended,  according  to  the  following
schedule.  Payments pursuant to subdivision (a) of this section shall be
made available as moneys become available for  such  payments.  Payments
pursuant  to  subdivisions  (b)  and  (c)  of this section shall be made
available on the fifteenth day of June, September, December and March or
as soon thereafter as moneys become  available  for  such  payments.  No
moneys  of  the state in the state treasury or any of its funds shall be
available for payments pursuant to this section:
                                 SCHEDULE

S. 2608--C                          4

  (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
1991,  as  amended.  The department of transportation shall provide such
information to the municipalities as may be necessary  to  maintain  the
federal  tax  exempt  status  of  any bonds, notes, or other obligations
issued by such municipalities to provide for the  non-federal  share  of
the  cost  of  projects  pursuant  to chapter 330 of the laws of 1991 or
section 80-b of the highway law.
  The program authorized pursuant to section 15 of chapter  329  of  the
laws  of 1991, as added by section 9 of chapter 330 of the laws of 1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year     Amount
                    2013-14               $39,700,000
  (b) Three hundred eighty-eight million three hundred thousand  dollars
($388,300,000) to counties, cities, towns and villages for reimbursement
of  eligible  costs  of  local  highway  and bridge projects pursuant to
sections 16 and 16-a of chapter 329 of the laws of  1991,  as  added  by
section  9  of  chapter  330  of  the  laws of 1991, as amended. For the
purposes of computing allocations to municipalities, the amount distrib-
uted pursuant to section 16 of chapter 329 of the laws of 1991 shall  be
deemed  to  be  $155,320,000. The amount distributed pursuant to section
16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be
$232,980,000.  Notwithstanding  the provisions of any general or special
law, the amounts deemed distributed in accordance  with  section  16  of
chapter  329  of the laws of 1991 shall be adjusted so that such amounts
will not be less than 83.807 percent of the "funding level"  as  defined
in  subdivision 5 of section 10-c of the highway law for each such muni-
cipality. In order to achieve the objectives of section  16  of  chapter
329  of the laws of 1991, to the extent necessary, the amounts in excess
of 83.807 percent of the funding level to be deemed distributed to  each
municipality  under  this  subdivision shall be reduced in equal propor-
tion.
  (c) Seventy-four million seven hundred ninety-seven  thousand  dollars
($74,797,000)  to  municipalities for reimbursement of eligible costs of
local highway and bridge projects pursuant to sections 16  and  16-a  of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the  laws of 1991, as amended. For the purposes of computing allocations
to municipalities, the amount distributed  pursuant  to  section  16  of
chapter  329  of the laws of 1991 shall be deemed to be $29,918,800. The
amount distributed pursuant to section 16-a of chapter 329 of  the  laws
of   1991  shall  be  deemed  to  be  $44,878,200.  Notwithstanding  the
provisions of any general or special law, the amounts deemed distributed
in accordance with section 16 of chapter 329 of the laws of  1991  shall
be adjusted so that such amounts will not be less than 16.193 percent of
the  "funding  level" as defined in subdivision 5 of section 10-c of the
highway law for each such municipality. In order to achieve  the  objec-
tives  of  section  16 of chapter 329 of the laws of 1991, to the extent
necessary, the amounts in excess of 16.193 percent of the funding  level
to  be  deemed  distributed  to each municipality under this subdivision
shall be reduced in equal proportion. To the extent that  the  total  of
remaining payment allocations calculated herein varies from $74,797,000,
the  payment  amounts  to  each  locality shall be adjusted by a uniform
percentage so that the total payments equal $74,797,000.

S. 2608--C                          5

  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991, as amended, shall additionally  make  payments  for  reimbursement
according to the following schedule:
                    State Fiscal Year     Amount
                    2013-14               $463,097,000
  S 2. Subdivision (f) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment  of  the  dedicated  highway  and  bridge trust fund, as amended by
section 2 of part A of chapter 58 of the laws of  2012,  is  amended  to
read as follows:
  (f)  For purposes of this section and section 10-c of the highway law,
local highway and bridge projects may also include  the  following  work
types:  (1)  microsurfacing,  (2)  paver  placed  surface treatment, (3)
single course surface treatment involving chip seals and oil and  stone,
and (4) double course surface treatment involving chip seals and oil and
stone.    Reimbursement  for projects using these treatments may be made
from the proceeds of bonds, notes or other obligations issued by the New
York state thruway authority pursuant  to  section  380  of  the  public
authorities  law or otherwise as determined by the director of the budg-
et.
  S 3. Subdivision (f) of section 16-a of chapter 329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 3 of part A of chapter 58 of the laws of 2012, is amended  to
read as follows:
  (f)  For purposes of this section and section 10-c of the highway law,
local highway and bridge projects may also include  the  following  work
types:  (1)  microsurfacing,  (2)  paver  placed  surface treatment, (3)
single course surface treatment involving chip seals and oil and  stone,
and (4) double course surface treatment involving chip seals and oil and
stone.    Reimbursement  for projects using these treatments may be made
from the proceeds of bonds, notes or other obligations issued by the New
York state thruway authority pursuant  to  section  380  of  the  public
authorities  law or otherwise as determined by the director of the budg-
et.
  S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
section  4  of  part  A of chapter 58 of the laws of 2012, is amended to
read as follows:
  (d) Any such service contract (i) shall provide that the obligation of
the director of the budget or the state to fund or to  pay  the  amounts
therein provided for shall not constitute a debt of the state within the
meaning  of  any constitutional or statutory provisions in the event the
thruway authority assigns or pledges service contract payments as  secu-
rity  for its bonds or notes, (ii) shall be deemed executory only to the
extent moneys are available and that no liability shall be  incurred  by
the  state  beyond  the  moneys available for the purpose, and that such
obligation is subject to annual appropriation by  the  legislature,  and
(iii)  shall  provide  that  no  funds  shall be made available from the
proceeds of bonds or notes issued pursuant to this  chapter  unless  the
commissioner  of  transportation  has  certified  to the chairman of the
thruway authority that such funds shall  be  used  exclusively  for  the
purposes   authorized   by  subdivision  (a)  of  this  section,  and/or
construction, reconstruction or improvement of local  highways,  bridges

S. 2608--C                          6

and/or  highway-railroad  crossings, including right of way acquisition,
preliminary engineering, and construction  supervision  and  inspection,
where the service life of the project is at least ten years or where the
project is:  (1) microsurfacing, (2) paver placed surface treatment, (3)
single  course  surface treatment involving chip seals and oil and stone
and (4) double course surface treatment involving chip seals and oil and
stone, and unless the director of the budget has certified to the chair-
man of the thruway authority that a spending plan has been submitted  by
the commissioner of transportation and has been approved by the director
of the budget.
  S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment  of  the  dedicated  highway  and  bridge trust fund, as amended by
section 5 of part A of chapter 58 of the laws of  2012,  is  amended  to
read as follows:
  (b)  Each  county, city, town and village shall certify to the commis-
sioner  of  transportation  that  amounts  to  be  reimbursed  are   for
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,
preliminary  engineering,  and  construction  supervision and inspection
where the service life of the project is at least ten years or where the
project is: (1) microsurfacing, (2) paver placed surface treatment,  (3)
single  course  surface treatment involving chip seals and oil and stone
and (4) double course surface treatment involving chip seals and oil and
stone.  Such certification shall include any such information as may  be
necessary  to  maintain the federal tax exempt status of bonds, notes or
other obligations issued by the New York state thruway authority  pursu-
ant  to  section  380 of the public authorities law. The commissioner of
transportation shall in writing request the  municipalities  to  furnish
such information as may be necessary to comply with this section.
  S  6.  Subdivision  (b)  of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment of the dedicated highway and bridge trust fund, as amended
by  section 6 of part A of chapter 58 of the laws of 2012, is amended to
read as follows:
  (b) Each county, city, town and village shall certify to  the  commis-
sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
construction, reconstruction or improvement of local  highways,  bridges
and/or  highway-railroad  crossings, including right of way acquisition,
preliminary engineering, and  construction  supervision  and  inspection
where the service life of the project is at least ten years or where the
project  is: (1) microsurfacing, (2) paver placed surface treatment, (3)
single course surface treatment involving chip seals and oil  and  stone
and (4) double course surface treatment involving chip seals and oil and
stone.   Such certification shall include any such information as may be
necessary to maintain the federal tax exempt status of bonds,  notes  or
other  obligations issued by the New York state thruway authority pursu-
ant to section 380 of the public authorities law. The commissioner shall
in writing request the municipalities to furnish such information as may
be necessary to comply with this section.
  S 7. This act shall take effect immediately.

                                 PART B

S. 2608--C                          7

  Section 1. Subdivision 3 of section 205 of the tax law,  as  added  by
section  8  of  part U1 of chapter 62 of the laws of 2003, is amended to
read as follows:
  3.  [From the] THE moneys collected from the taxes imposed by sections
one hundred eighty-three and one hundred eighty-four of this article  on
and  after  April  first,  two thousand [four] THIRTEEN, after reserving
amounts for refunds or reimbursements, SHALL BE DISTRIBUTED AS  FOLLOWS:
twenty  percent  of  such moneys shall be deposited to the credit of the
dedicated highway and bridge trust fund established by  section  eighty-
nine-b  of the state finance law[. The remainder], FIFTY-FOUR PERCENT OF
SUCH MONEYS shall be deposited  in  the  mass  transportation  operating
assistance  fund  to  the credit of the metropolitan mass transportation
operating assistance account created pursuant to section  eighty-eight-a
of  the state finance law AND TWENTY-SIX PERCENT OF SUCH MONEYS SHALL BE
DEPOSITED IN THE MASS TRANSPORTATION OPERATING ASSISTANCE  FUND  TO  THE
CREDIT OF THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT
CREATED PURSUANT TO SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
  S  2. Section 13 of part U1 of chapter 62 of the laws of 2003 amending
the vehicle and traffic  law  and  other  laws  relating  to  increasing
certain  motor vehicle transaction fees, as amended by section 1 of part
P of chapter 59 of the laws of 2009, is amended to read as follows:
  S 13. This act shall take effect immediately;  provided  however  that
sections  one through SEVEN OF THIS ACT, THE AMENDMENTS TO SUBDIVISION 2
OF SECTION 205 OF THE TAX LAW MADE BY SECTION EIGHT  OF  THIS  ACT,  AND
SECTION  nine  of  this act shall expire and be deemed repealed on March
31, 2015; provided further, however,  that  the  provisions  of  section
eleven  of this act shall take effect April 1, 2004 and shall expire and
be deemed repealed on March 31, 2015.
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner  as  the expiration and repeal of subdivision 3 of section 205 of
the tax law as provided in section 2 of part P of chapter 59 of the laws
of 2012, as amended.

                                 PART C

  Section 1. Paragraph (a) of subdivision 4  of  section  510-a  of  the
vehicle  and  traffic law, as amended by section 14 of part E of chapter
60 of the laws of 2005, is amended to read as follows:
  (a) A serious traffic violation  shall  mean  operating  a  commercial
motor  vehicle  IN  VIOLATION  OF  A  STATE  OR  LOCAL  LAW OR ORDINANCE
RESTRICTING OR PROHIBITING THE USE OF A HAND-HELD MOBILE TELEPHONE OR  A
PORTABLE  ELECTRONIC  DEVICE  WHILE  DRIVING  OR  in  violation  of  any
provision of this chapter or the laws of any other state,  the  District
of Columbia or any Canadian province which (i) limits the speed of motor
vehicles, provided the violation involved fifteen or more miles per hour
over the established speed limit; (ii) is defined as reckless driving by
state  or  local  law or regulation; (iii) prohibits improper or erratic
lane change; (iv) prohibits following too closely; (v) relates to  motor
vehicle  traffic  (other  than  parking, standing or stopping) and which
arises in connection with a fatal accident; (vi) operating a  commercial
motor  vehicle  without first obtaining a commercial driver's license as
required by section five hundred one of this title;  (vii)  operating  a
commercial  motor  vehicle  without a commercial driver's license in the
driver's possession; or (viii)  operating  a  commercial  motor  vehicle
without  the proper class of commercial driver's license and/or endorse-

S. 2608--C                          8

ment for the specific vehicle being operated or for  the  passengers  or
type of cargo being transported.
  S  2. Paragraphs (c) and (e) of subdivision 1 of section 1225-c of the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended to read as follows:
  (c) "Using" shall mean holding a mobile telephone to, or in the  imme-
diate  proximity of, the user's ear, DIALING OR ANSWERING A MOBILE TELE-
PHONE BY PRESSING MORE THAN A SINGLE BUTTON, OR REACHING  FOR  A  MOBILE
TELEPHONE  IN  A  MANNER THAT REQUIRES A DRIVER TO MANEUVER SO THAT SUCH
DRIVER IS NO LONGER IN A SEATED POSITION, RESTRAINED BY A SEAT BELT THAT
IS INSTALLED IN ACCORDANCE WITH 49 CFR 393.93 AND ADJUSTED IN ACCORDANCE
WITH THE VEHICLE MANUFACTURER'S INSTRUCTIONS.
  (e) "Hands-free mobile telephone" shall mean a mobile  telephone  that
has an internal feature or function, or that is equipped with an attach-
ment  or  addition, whether or not permanently part of such mobile tele-
phone, by which a user engages in a call without the use of either hand,
whether or not the use of either hand is necessary to activate,  deacti-
vate or initiate a function of such telephone, PROVIDED, HOWEVER, THAT A
TELEPHONE  THAT REQUIRES DIALING OR ANSWERING SUCH TELEPHONE BY PRESSING
MORE THAN A SINGLE BUTTON SHALL NOT CONSTITUTE A HANDS-FREE MOBILE TELE-
PHONE.
  S 3. Paragraphs (a) and (b) of subdivision 2 of section 1225-c of  the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended and a new paragraph (d) is added to read as follows:
  (a)  Except  as  otherwise  provided  in this section, no person shall
operate a motor vehicle upon a public highway while using a mobile tele-
phone to engage in a call while such vehicle  is  in  motion,  PROVIDED,
HOWEVER,  NO PERSON SHALL OPERATE A COMMERCIAL MOTOR VEHICLE, AS DEFINED
IN SUBDIVISION FOUR-A OF SECTION TWO OF THE  TRANSPORTATION  LAW,  WHILE
USING  A MOBILE TELEPHONE ON A PUBLIC HIGHWAY, INCLUDING WHILE TEMPORAR-
ILY STATIONARY BECAUSE OF TRAFFIC, A TRAFFIC CONTROL  DEVICE,  OR  OTHER
MOMENTARY  DELAYS.  THE OPERATOR OF A COMMERCIAL MOTOR VEHICLE MAY USE A
MOBILE TELEPHONE WHEN SUCH OPERATOR HAS MOVED THE VEHICLE  TO  THE  SIDE
OF, OR OFF, A HIGHWAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN
REMAIN  STATIONARY UNLESS STOPPING IS PROHIBITED BY LAW, RULES AND REGU-
LATIONS OR BY A DIRECTIVE OF LAW ENFORCEMENT.
  (b) An operator of [a] ANY motor vehicle who holds a mobile  telephone
to,  or  in the immediate proximity of his or her ear while such vehicle
is in motion is presumed to be engaging in a call within the meaning  of
this  section, PROVIDED, HOWEVER, THAT AN OPERATOR OF A COMMERCIAL MOTOR
VEHICLE WHO HOLDS A MOBILE TELEPHONE TO, OR IN THE  IMMEDIATE  PROXIMITY
OF  HIS  OR HER EAR WHILE SUCH VEHICLE IS TEMPORARILY STATIONARY BECAUSE
OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS IS  ALSO
PRESUMED  TO  BE  ENGAGING IN A CALL WITHIN THE MEANING OF THIS SECTION.
The  presumption  established  by  this  subdivision  is  rebuttable  by
evidence tending to show that the operator was not engaged in a call.
  (D)  NO  MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A HAND-HELD MOBILE TELEPHONE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S 4. Subdivision 1 of section 1225-d of the vehicle and  traffic  law,
as  added  by  chapter  403  of  the laws of 2009, is amended to read as
follows:
  1. Except as otherwise provided in this section, no person shall oper-
ate a motor vehicle while using any  portable  electronic  device  while
such  vehicle is in motion, PROVIDED, HOWEVER, NO PERSON SHALL OPERATE A
COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION  FOUR-A  OF  SECTION

S. 2608--C                          9

TWO  OF THE TRANSPORTATION LAW, WHILE USING A PORTABLE ELECTRONIC DEVICE
ON A PUBLIC HIGHWAY, INCLUDING WHILE TEMPORARILY STATIONARY  BECAUSE  OF
TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS. THE OPERA-
TOR  OF  A COMMERCIAL MOTOR VEHICLE MAY USE A PORTABLE ELECTRONIC DEVICE
WHEN SUCH OPERATOR HAS MOVED THE VEHICLE TO THE SIDE OF, OR OFF, A HIGH-
WAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN REMAIN STATIONARY
UNLESS STOPPING IS PROHIBITED BY LAW, RULES, AND  REGULATIONS  OR  BY  A
DIRECTIVE OF LAW ENFORCEMENT.
  S  5.  Section  1225-d  of  the  vehicle and traffic law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. NO MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF  SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A PORTABLE ELECTRONIC DEVICE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S  6. Paragraphs (a) and (b) of subdivision 2 of section 1225-d of the
vehicle and traffic law, as added by chapter 403 of the  laws  of  2009,
are amended to read as follows:
  (a) "Portable electronic device" shall mean any hand-held mobile tele-
phone,  as  defined by subdivision one of section twelve hundred twenty-
five-c of this  article,  personal  digital  assistant  (PDA),  handheld
device  with  mobile  data  access,  laptop  computer,  pager, broadband
personal communication  device,  two-way  messaging  device,  electronic
game,  or  portable  computing device OR ANY OTHER DEVICE USED TO INPUT,
WRITE, SEND, RECEIVE OR READ TEXT.
  (b) "Using" shall mean holding  a  portable  electronic  device  while
viewing,  taking or transmitting images, INSTANT MESSAGING, PERFORMING A
COMMAND OR REQUEST TO ACCESS A WORLD WIDE WEB PAGE,  playing  games,  or
composing, sending, reading, viewing, accessing, browsing, transmitting,
saving or retrieving e-mail, text messages, or other electronic data.
  S  7.  This  act shall take effect October 28, 2013 and shall apply to
violations committed on or after such date.

                                 PART D

  Section 1. Subdivision 1 of section 200 of  the  vehicle  and  traffic
law, as amended by chapter 60 of the laws of 1993, is amended to read as
follows:
  1.  There shall be in the state government a department of motor vehi-
cles.  The head of the department shall be  the  commissioner  of  motor
vehicles  who shall be appointed by the governor, by and with the advice
and consent of the senate, and hold office until the end of the term  of
the appointing governor and until a successor is appointed and has qual-
ified,  and  who shall receive an annual salary within the amount appro-
priated therefor. The commissioner of  motor  vehicles  shall  have  the
immediate  charge  of the department. The commissioner of motor vehicles
may appoint, and at pleasure remove, such deputy commissioners of  motor
vehicles,  inspectors,  examiners  and other assistants and employees of
the department as are deemed necessary,  within  the  amounts  available
therefor  by  appropriation.  The commissioner of motor vehicles and all
other officers and employees of the department shall be paid and allowed
their necessary, actual and reasonable expenses incurred in the exercise
of their duties. All salaries and expenses of the  department  shall  be
paid  out  of  the  state treasury on the audit and warrant of the comp-
troller on the certificate of the commissioner of  motor  vehicles.  The
principal  office  of  the  department  shall  be in the city of Albany.
NOTWITHSTANDING THE PROVISIONS OF SECTION SIXTY-TWO OF THE PUBLIC  OFFI-
CERS  LAW,  THE  COMMISSIONER  OF  MOTOR  VEHICLES MAY DESIGNATE CERTAIN

S. 2608--C                         10

BRANCH OFFICES OF THE DEPARTMENT TO BE OPEN  TO  SERVE  THE  PUBLIC  AND
TRANSACT BUSINESS ON SATURDAYS.
  S 2. This act shall take effect immediately.

                                 PART E
                          Intentionally Omitted

                                 PART F

  Section  1.  This act shall be known and may be cited as the "Cleaner,
Greener NY act of 2013."
  S 2. Subdivision 2-a of section 27-1003 of the environmental conserva-
tion law, as added by section 3 of part SS of chapter 59 of the laws  of
2009, is amended to read as follows:
  2-a. "Bottler" means a person, firm or corporation who:
  a.  bottles, cans or otherwise packages beverages in beverage contain-
ers except that if such packaging  is  for  [a  distributor]  ANY  OTHER
PERSON, FIRM OR CORPORATION having the right to bottle, can or otherwise
package  the  same  brand  of  beverage,  then  such [distributor] OTHER
PERSON, FIRM OR CORPORATION shall be the bottler; or
  b. imports filled beverage containers into the United States.
  S 3. Subdivisions 2, 3, 4, 5, 7, 8 and 11 of section  27-1007  of  the
environmental  conservation  law,  as  added  by section 4 of part SS of
chapter 59 of the laws of 2009, are amended to read as follows:
  2. A dealer shall post a conspicuous sign, at the point of sale,  that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

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

YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
ACT:
  THE RIGHT to return your empties for refund to any  dealer  who  sells
the  same brand, type and size, whether you bought the beverage from the
dealer or not. It is illegal to return containers for refund  [that  you
did not pay] ON WHICH a deposit WAS NEVER PAID in New York state.
  THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
purchase.
  THE RIGHT to return your empties any day, any  hour,  except  for  the
first  and  last hour of the dealer's business day (empty containers may
be redeemed at any time in 24-hour stores).
  THE RIGHT to return your containers  if  they  are  REASONABLY  CLEAN,
empty  and  intact.   [Washing containers is not required by law, but is
strongly recommended to maintain sanitary conditions.]
  The New York state returnable container act can be enforced by the New
York state department of environmental conservation, the New York  state
department  of agriculture and markets, the New York state department of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such sign must be no less than eight inches by ten inches in size  and
have  lettering a minimum of one quarter inch high, and of a color which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of

S. 2608--C                         11

violations of this title. The telephone number shall be  listed  on  any
sign required by this section.
  3. [On or after June first, two thousand nine, a] A dealer WHOSE PLACE
OF  BUSINESS IS LESS THAN TEN THOUSAND SQUARE FEET IN SIZE may limit the
number of empty beverage containers to be accepted for redemption at the
dealer's place of business to no less than  seventy-two  containers  per
visit, per redeemer, per day, provided that:
  (a) The dealer has a written agreement with a redemption center, be it
either  at  a  fixed physical location within the same county and within
ONE AND one-half mile of the dealer's place of  business,  or  a  mobile
redemption  center,  operated  by  a  redemption center, that is located
within [one-quarter] ONE mile of the dealer's  place  of  business.  The
redemption  center  must  have  a  written  agreement with the dealer to
accept containers on behalf of the dealer; and the  redemption  center's
hours of operation must cover at least 9:00 a.m. through 7:00 p.m. daily
or  in  the  case  of a mobile redemption center, the hours of operation
must cover at least four consecutive hours between 8:00  a.m.  and  8:00
p.m.  daily. The dealer must post a conspicuous, permanent sign, meeting
the  size  and color specifications set forth in subdivision two of this
section, open to public view, identifying  the  location  and  hours  of
operation  of  the  affiliated  redemption  center  or mobile redemption
center; [and] OR
  (b) The dealer provides, at a minimum, a consecutive two  hour  period
between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
to two hundred forty containers, per redeemer,  per  day,  and  posts  a
conspicuous,  permanent  sign, meeting the size and color specifications
set forth in subdivision two of this section, open to public view, iden-
tifying those hours. The dealer may not change the hours  of  redemption
without first posting a thirty day notice[; and
  (c) The dealer's primary business is the sale of food or beverages for
consumption  off-premises,  and  the  dealer's place of business is less
than ten thousand square feet in size].
  4. A deposit initiator shall accept from a dealer  or  operator  of  a
redemption  center  any  empty  beverage container of the design, shape,
size, color, composition and brand sold  or  offered  for  sale  by  the
deposit  initiator,  PROVIDED  SUCH  CONTAINERS  ARE  PROPERLY SORTED AS
DETERMINED IN RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER  and
shall pay the dealer or operator of a redemption center the refund value
of  each  such  beverage  container as established by section 27-1005 of
this title. A deposit initiator shall accept and redeem all  such  empty
beverage  containers  from a dealer or redemption center without limita-
tion on quantity.
  5. A deposit initiator's or distributor's failure  to  pick  up  empty
beverage  containers[, including containers processed in a reverse vend-
ing machine,] from a redemption center, dealer  or  the  operator  of  a
reverse vending machine, shall be a violation of this title.
  7.  A  deposit  initiator  [on  a  brand] WHO INITIATES A DEPOSIT ON A
BEVERAGE CONTAINER shall accept SUCH EMPTY BEVERAGE CONTAINER  from  [a]
AND  REIMBURSE  ANY  distributor who [does not initiate deposits on that
brand any] ACCEPTED AND REDEEMED SUCH empty beverage [containers of that
brand accepted by the distributor] CONTAINER from a dealer  or  operator
of  a  redemption  center  [and shall reimburse the distributor] FOR the
[refund value of each such beverage container, as established by section
27-1005 of this title] DEPOSIT AND HANDLING FEE PAID BY THE DISTRIBUTOR.
[In addition, the deposit initiator shall reimburse such distributor for
each such beverage container the handling fee established under subdivi-

S. 2608--C                         12

sion six of this section.] Without limiting the rights of the department
or any person, firm or corporation under this subdivision or  any  other
provision  of  this  [section]  TITLE,  a distributor shall have a civil
right  of action to enforce this subdivision, including, upon three days
notice, the right to apply  for  temporary  and  preliminary  injunctive
relief   against  continuing  violations,  and  until  arrangements  for
collection and return of empty containers or reimbursement of [such] THE
REDEEMING distributor for such deposits and handling fees are made.
  8. It shall be the responsibility of the deposit initiator or distrib-
utor to provide to a dealer or redemption center a sufficient number  of
bags, cartons, or other suitable containers, at no cost, for the packag-
ing,  handling  and  pickup  of  empty  beverage containers that are not
redeemed through a  reverse  vending  machine.  The  bags,  cartons,  or
containers must be provided by the deposit initiator or distributor on a
schedule  that allows the dealer or redemption center sufficient time to
sort the empty beverage containers prior  to  pick  up  by  the  deposit
initiator or distributor. In addition:
  (a)  When picking up empty beverage containers, a deposit initiator or
distributor shall not require a dealer  or  redemption  center  to  load
their  own  bags,  cartons or containers onto or into the deposit initi-
ator's or distributor's vehicle or vehicles  or  provide  the  staff  or
equipment  needed  to  do  so.    HOWEVER, WHERE PALLETS OR SKIDS, BAGS,
CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
SIMILAR EQUIPMENT, A DEPOSIT INITIATOR  OR  DISTRIBUTOR  MAY  REQUIRE  A
DEALER  OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST USING
A FORKLIFT OR SIMILAR EQUIPMENT BELONGING TO THE  DEALER  OR  REDEMPTION
CENTER.
  (b)  A  deposit initiator or distributor [shall not] MAY require empty
containers to be counted at a location other than the redemption  center
or  dealer's  place  of  business. The dealer or redemption center shall
have the right to be present at the count.
  (c) A deposit initiator or distributor shall pick  up  empty  beverage
containers  from the dealer or redemption center at reasonable times and
intervals THAT SHALL ALSO TAKE INTO ACCOUNT A MINIMUM VOLUME OF CONTAIN-
ERS NECESSARY FOR SUCH A PICK UP as determined in rules  or  regulations
promulgated  by  the  department  OR  ON  A SCHEDULE MEETING THE MINIMUM
REQUIREMENTS OF SUCH REGULATIONS AND AGREED TO IN WRITING BY THE DEPOSIT
INITIATOR OR DISTRIBUTOR AND THE REDEMPTION CENTER.
  11. [Notwithstanding the provisions  of  subdivision  two  of  section
27-1009  of  this title, a deposit initiator or distributor shall accept
and redeem beverage containers as provided in this title, if the  dealer
or  operator  of  a  redemption  center shall have accepted and paid the
refund value of such beverage  containers.]  NO  PERSON  SHALL  PROGRAM,
TAMPER  WITH, MISUSE, RENDER INACCURATE, OR CIRCUMVENT THE PROPER OPERA-
TION OF A REVERSE VENDING MACHINE  TO  ELICIT  DEPOSIT  MONIES  WHEN  NO
VALID,  REDEEMABLE  BEVERAGE  CONTAINER  HAS  BEEN PLACED IN THE REVERSE
VENDING MACHINE.
  S 4. Section 27-1009 of the environmental conservation law, as amended
by section 5 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1009. Refusal of acceptance.
  1. A dealer or operator of a redemption center [may] SHALL  refuse  to
accept  from  a  redeemer,  and a deposit initiator or distributor [may]
SHALL refuse to accept from a dealer or operator of a redemption  center
any empty beverage container which does not state thereon a refund value

S. 2608--C                         13

as  established  by  section  27-1005 and provided by section 27-1011 of
this title.
  2.  A  dealer  [or],  operator of a redemption center, DISTRIBUTOR, OR
DEPOSIT INITIATOR may also refuse to accept any BEVERAGE CONTAINER WHICH
IS NOT REASONABLY CLEAN OR CONTAINS  A  SIGNIFICANT  AMOUNT  OF  FOREIGN
MATERIAL,  ANY broken bottle, ANY corroded, CRUSHED or dismembered [can]
CONTAINER, or any  beverage  container  which  [contains  a  significant
amount of foreign material,] IS OTHERWISE ALTERED SO THAT IT IS RENDERED
UNREDEEMABLE as determined in rules and regulations to be promulgated by
the  commissioner.    SUCH  REFUSAL  MUST OCCUR AT THE TIME THE BEVERAGE
CONTAINER IS TENDERED FOR  REDEMPTION.  NOTWITHSTANDING  THE  FOREGOING,
CONTAINERS  PROCESSED  THROUGH  REVERSE VENDING MACHINES AUTHORIZED BY A
DISTRIBUTOR OR DEPOSIT INITIATOR, AS DOCUMENTED THROUGH REVERSE  VENDING
MACHINE  RECONCILIATION  STATEMENTS  OR  OTHER REASONABLE DOCUMENTATION,
SHALL BE ACCEPTED BY A DISTRIBUTOR OR DEPOSIT INITIATOR.
  S 5. Subdivision 1 of section 27-1011 of the  environmental  conserva-
tion  law,  as amended by chapter 149 of the laws of 1983, is amended to
read as follows:
  1. a. Every beverage container sold or offered for sale in this  state
[by a distributor or dealer] shall clearly indicate by permanently mark-
ing  or  embossing  the  container or by printing as part of the product
label the refund value of the container and the words "New York" or  the
letters "NY"[; provided, however, in the case of private label beverages
such information may be embossed or printed on a label which is securely
or permanently affixed to the beverage container. Private label beverag-
es  shall be defined as beverages purchased from a beverage manufacturer
in beverage containers bearing a brand name or  trademark  for  sale  at
retail  directly  by  the owner or licensee of such brand name or trade-
mark; or through retail dealers affiliated with such owner  or  licensee
by a cooperative or franchise agreement].
  b.  Such  embossing  or permanent imprinting on the beverage container
shall be the responsibility of the person,  firm  or  corporation  which
bottles,  cans  or otherwise fills or packages a beverage container or a
brand owner for whose exclusive  account  private  label  beverages  are
bottled,  canned or otherwise packaged; provided, however, that the duly
authorized agent of any such person, firm or  corporation  may  indicate
such  refund value by a label securely affixed on any beverage container
containing beverages imported into the United  States.    PRIVATE  LABEL
BEVERAGES  SHALL  BE  DEFINED  AS  BEVERAGES PURCHASED FROM A BOTTLER IN
BEVERAGE CONTAINERS BEARING A BRAND NAME OR TRADEMARK FOR SALE AT RETAIL
DIRECTLY BY THE OWNER OR LICENSEE OF SUCH BRAND NAME  OR  TRADEMARK;  OR
THROUGH RETAIL DEALERS AFFILIATED WITH SUCH OWNER OR LICENSEE BY A COOP-
ERATIVE OR FRANCHISE AGREEMENT.
  S  6.  Section 27-1012 of the environmental conservation law, as added
by section 8 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1012. [Deposit  and  disposition]  DISPOSITION  of  refund  values;
             registration; reports.
  1.  [Each deposit initiator shall deposit in a refund value account an
amount equal to the refund value initiated under section 27-1005 of this
title which is received with respect to each beverage container sold  by
such deposit initiator. Such deposit initiator shall hold the amounts in
the  refund value account in trust for the state. A refund value account
shall be an interest-bearing account established in a  banking  institu-
tion  located  in  this  state,  the deposits in which are insured by an
agency of the federal government. Deposits  of  such  amounts  into  the

S. 2608--C                         14

refund  value  account shall be made not less frequently than every five
business days. All interest, dividends and returns earned on the  refund
value  account  shall  be paid directly into said account. The monies in
such  accounts shall be kept separate and apart from all other monies in
the possession of the deposit initiator. The  commissioner  of  taxation
and  finance  may  specify  a system of accounts and records to be main-
tained with respect to accounts established under this subdivision.
  2. Payments of refund values pursuant to section 27-1007 of this title
shall be paid from each deposit initiator's  refund  value  account.  No
other  payment  or  withdrawal  from  such account may be made except as
prescribed by this section.
  3.] Each deposit initiator  shall  file  quarterly  reports  with  the
commissioner  of  taxation  and  finance  on  a  form  and in the manner
prescribed by  such  commissioner.  The  commissioner  of  taxation  and
finance  may  require such reports to be filed electronically. The quar-
terly reports required by this subdivision shall be filed for the  quar-
terly periods ending on the last day of May, August, November and Febru-
ary of each year, and each such report shall be filed within twenty days
after  the end of the quarterly period covered thereby. Each such report
shall include all information such commissioner shall  determine  appro-
priate including but not limited to the following information:
  a.  [the  balance  in the refund value account at the beginning of the
quarter for which the report is prepared;
  b. all such deposits credited to the  refund  value  account  and  all
interest,  dividends  or  returns  received on such account, during such
quarter;
  c. all withdrawals from the refund value account during such  quarter,
including  all  reimbursements  paid pursuant to subdivision two of this
section, all service charges on  the  account,  and  all  payments  made
pursuant to subdivision four of this section; and
  d.  the balance in the refund value account at the close of such quar-
ter] THE NUMBER OF CONTAINERS REQUIRED TO HAVE A REFUND  VALUE  SOLD  BY
THE DEPOSIT INITIATOR DURING THE QUARTERLY PERIOD;
  B.  THE  NUMBER OF CONTAINERS THAT WERE REDEEMED BY THE DEPOSIT INITI-
ATOR DURING THE QUARTERLY PERIOD;
  C. THE NUMBER OF CONTAINERS THAT WERE UNREDEEMED BY THE DEPOSIT INITI-
ATOR DURING THE QUARTERLY PERIOD; AND
  D. THE AMOUNTS PAID TO  ANY  DISTRIBUTOR,  DEALER  OR  OPERATOR  OF  A
REDEMPTION CENTER FOR HANDLING FEES DURING THE QUARTER.
  [4.]  2. a. Quarterly payments. [An] PAYMENTS OF REFUND VALUE PURSUANT
TO SECTION 27-1007 OF THIS TITLE, IN AN amount equal to  eighty  percent
of  the  [balance  outstanding  in  the refund value account] UNREDEEMED
DEPOSITS HELD BY A DEPOSIT INITIATOR at the close of each quarter  shall
be  paid  to  the  commissioner  of taxation and finance at the time the
report provided for in  subdivision  [three]  ONE  of  this  section  is
required  to  be  filed.  The  commissioner  of taxation and finance may
require that the payments be made electronically. The  remaining  twenty
percent of the balance outstanding at the close of each quarter shall be
the  monies  of  the  deposit  initiator [and may be withdrawn from such
account by the deposit initiator]. If the  provisions  of  this  section
with  respect  to  such  account have not been fully complied with, each
deposit initiator shall pay to such commissioner at such time,  in  lieu
of  the  amount  described in the preceding sentence, an amount equal to
the balance which would have been outstanding  on  such  date  had  such
provisions  been  fully  complied with. The commissioner of taxation and
finance may require that the payments be made electronically.

S. 2608--C                         15

  b. [Refund value account shortfall] OVERREDEMPTION.   In the  event  a
deposit  initiator  pays  out  more in refund values than it collects in
deposits of refund values during the course of  a  quarterly  period  as
described in subdivision [three] ONE of this section, the deposit initi-
ator  may apply to the commissioner of taxation and finance for a refund
of the amount of such excess payment  of  refund  values  [from  sources
other  than  the refund value account], in the manner as provided by the
commissioner of taxation and finance. A deposit initiator must apply for
a refund no later than twelve months after the due date for  filing  the
quarterly  report for the quarterly period for which the refund claim is
made. No interest shall be payable for any refund paid pursuant to  this
paragraph.
  c. Final report. A deposit initiator who ceases to do business in this
state as a deposit initiator shall file a final report and remit payment
of eighty percent of all [amounts remaining in the refund value account]
REFUND  VALUES  HELD  BY  THE  DEPOSIT  INITIATOR as of the close of the
deposit initiator's last day of business. The commissioner  of  taxation
and  finance  may  require that the payments be made electronically. The
deposit initiator shall indicate on the  report  that  it  is  a  "final
report".  The  final  report is due to be filed with payment twenty days
after the close of the quarterly period in which the  deposit  initiator
ceases  to do business. In the event the deposit initiator pays out more
in refund values than it collects in such final  quarterly  period,  the
deposit  initiator may apply to the commissioner of taxation and finance
for a refund of the amount of such excess payment of refund values [from
sources other than the refund value account,] in the manner as  provided
by the commissioner of taxation and finance.
  [5.] 3. All monies collected or received by the department of taxation
and  finance  pursuant to this title shall be deposited to the credit of
the comptroller with such responsible banks,  banking  houses  or  trust
companies  as  may be designated by the comptroller. Such deposits shall
be kept separate and apart from all other moneys in  the  possession  of
the  comptroller.  The  comptroller shall require adequate security from
all such depositories. Of the total revenue collected,  the  comptroller
shall  retain  the amount determined by the commissioner of taxation and
finance to be necessary for refunds out of which  the  comptroller  must
pay  any  refunds  to  which  a deposit initiator may be entitled. After
reserving the amount to pay refunds, the comptroller must, by the  tenth
day  of  each  month,  pay  into the state treasury to the credit of the
general fund the revenue deposited under  this  subdivision  during  the
preceding  calendar  month  and remaining to the comptroller's credit on
the last day of that preceding month[.]; PROVIDED, HOWEVER, THAT, BEGIN-
NING APRIL FIRST, TWO THOUSAND THIRTEEN, AND ALL FISCAL YEARS  THEREAFT-
ER,  FIFTEEN  MILLION  DOLLARS PLUS ALL FUNDS RECEIVED FROM THE PAYMENTS
DUE EACH FISCAL YEAR PURSUANT TO SUBDIVISION FOUR  OF  THIS  SECTION  IN
EXCESS  OF  THE  AMOUNT  RECEIVED  FROM APRIL FIRST, TWO THOUSAND TWELVE
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, SHALL BE DEPOSITED TO
THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT  TO
SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  [6.]  4. The commissioner and the commissioner of taxation and finance
shall promulgate, and shall consult each  other  in  promulgating,  such
rules  and regulations as may be necessary to effectuate the purposes of
this title. The  commissioner  and  the  commissioner  of  taxation  and
finance  shall  provide  all necessary aid and assistance to each other,
including the sharing of any information  that  is  necessary  to  their

S. 2608--C                         16

respective  administration  and enforcement responsibilities pursuant to
the provisions of this title.
  [7.  a.]  5.  Any  person  who is a deposit initiator under this title
before April first, two thousand nine, must apply  by  June  first,  two
thousand  nine to the commissioner of taxation and finance for registra-
tion as a deposit initiator. Any person who becomes a deposit  initiator
on  or after April first, two thousand nine shall apply for registration
prior to collecting any deposits  as  such  a  deposit  initiator.  Such
application  shall  be in a form prescribed by the commissioner of taxa-
tion and finance and shall require such information deemed to be  neces-
sary  for proper administration of this title. The commissioner of taxa-
tion and finance may require that applications for registration must  be
submitted electronically. The commissioner of taxation and finance shall
electronically  issue  a deposit initiator registration certificate in a
form prescribed by the  commissioner  of  taxation  and  finance  within
fifteen  days  of  receipt of such application or may take an additional
ten days if the commissioner of taxation and finance deems it  necessary
to  consult  with  the  commissioner  before  issuing  such registration
certificate. A registration certificate issued pursuant to this subdivi-
sion may be issued for a specified term of not less than three years and
shall be subject to renewal in accordance with procedures  specified  by
the  commissioner  of taxation and finance. The commissioner of taxation
and finance shall furnish to the commissioner a complete list of  regis-
tered  deposit  initiators  and  shall  continually  update such list as
warranted. The commissioner shall share any information with the commis-
sioner of taxation and finance that is necessary for the  administration
of this subdivision.
  [b.  The commissioner of taxation and finance shall have the authority
to  revoke  or  refuse to renew any registration issued pursuant to this
subdivision when he or she has determined or has been  informed  by  the
commissioner that any of the provisions of this title or rules and regu-
lations promulgated thereunder have been violated. Such violations shall
include,  but  not be limited to, the failure to file quarterly reports,
the failure to make payments pursuant to this subdivision, the providing
of false or fraudulent information to either the department of  taxation
and  finance  or the department, or knowingly aiding or abetting another
person in violating any of the provisions of this  title.  A  notice  of
proposed  revocation or non-renewal shall be given to the deposit initi-
ator in the manner prescribed for a notice of deficiency of tax and  all
the  provisions applicable to a notice of deficiency under article twen-
ty-seven of the tax law shall apply to a notice issued pursuant to  this
paragraph, insofar as such provisions can be made applicable to a notice
authorized  by  this paragraph, with such modifications as may be neces-
sary in order to adapt the language of such  provisions  to  the  notice
authorized by this paragraph. All such notices issued by the commission-
er  of  taxation  and finance pursuant to this paragraph shall contain a
statement advising the deposit initiator that the revocation or  non-re-
newal  of  registration  may be challenged through a hearing process and
the petition for such a challenge must be filed with the commissioner of
taxation and finance within ninety days after such notice is  issued.  A
deposit  initiator whose registration has been so revoked or not renewed
shall cease to do business as a deposit initiator in this  state,  until
this  title  has  been  complied  with  and  a new registration has been
issued. Any deposit initiator whose registration has been so revoked may
not apply for registration for two years from the date  such  revocation
takes effect.

S. 2608--C                         17

  8.]  6. The commissioner of taxation and finance may require the main-
tenance of such [accounts,] records or documents relating to the sale of
beverage containers, by any  deposit  initiator,  bottler,  distributor,
dealer  or  redemption  center as such commissioner may deem appropriate
for the administration of this section. Such commissioner may make exam-
inations,  including  the conduct of facility inspections during regular
business hours, with respect to the  [accounts,]  records  or  documents
required  to  be  maintained  under  this  subdivision. Such [accounts,]
records and documents shall be preserved for a period  of  three  years,
except  that  such  commissioner may consent to their destruction within
that period or may require that they be kept  longer.  Such  [accounts,]
records and documents may be kept within the meaning of this subdivision
when reproduced by any photographic, photostatic, microfilm, micro-card,
miniature  photographic  or  other process which actually reproduces the
original [accounts,] records or documents.
  [9.] 7. a. Any person required to be  registered  under  this  section
who,  without  being  so  registered,  sells or offers for sale beverage
containers in this state, in addition to any other  penalty  imposed  by
this  title, shall be subject to a penalty to be assessed by the commis-
sioner of taxation and finance in an amount not to exceed  five  hundred
dollars  for  the  first  day on which such sales or offers for sale are
made, plus an amount not to exceed five hundred dollars for each  subse-
quent day on which such sales or offers for sale are made, not to exceed
twenty-five thousand dollars in the aggregate.
  b.  Any  deposit initiator who fails to maintain [accounts or] records
pursuant to this section, unless it is shown that such failure  was  due
to  reasonable  cause  and  not due to negligence or willful neglect, in
addition to any other penalty imposed by this title, shall be subject to
a penalty to be assessed by the commissioner of taxation and finance  of
not  more  than  one thousand dollars for each quarter during which such
failure occurred, and an additional penalty of not more than  one  thou-
sand dollars for each quarter such failure continues.
  [10.]  8.  The provisions of article twenty-seven of the tax law shall
apply to the provisions of this title  for  which  the  commissioner  of
taxation  and  finance  is  responsible[, including collection of refund
value amounts,] in the same manner and with the same force and effect as
if the language of such article had been incorporated in full into  this
section  except  to  the  extent  that  any provision of such article is
either inconsistent with a provision of this section or is not  relevant
to  this  section  as  determined  by  the  commissioner of taxation and
finance. [Furthermore, for purposes of applying the provisions of  arti-
cle  twenty-seven  of  the  tax  law,  where the terms "tax" and "taxes"
appear in such article, such terms shall be construed  to  mean  "refund
value" or "balance in the refund value account".
  11.]  9. If any deposit initiator fails or refuses to file a report or
furnish any information requested in writing by the department of  taxa-
tion  and  finance  or  the  department,  the department of taxation and
finance with the assistance of the department may, from any  information
in  its  possession, make an estimate of the deficiency and collect such
deficiency from such deposit initiator.
  [12. Beginning on June first, two thousand nine each deposit initiator
shall register the container label of any beverage offered for  sale  in
the state on which it initiates a deposit. Any such registered container
label  shall  bear a universal product code. Such universal product code
shall be New York state specific, in  order  to  identify  the  beverage
container  as  offered  for sale exclusively in New York state, and as a

S. 2608--C                         18

means of preventing illegal redemption of beverage containers  purchased
out-of-state. Registration must be on forms as prescribed by the depart-
ment and must include the universal product code for each combination of
beverage  and  container manufactured. The commissioner may require that
such forms be filed electronically. The deposit initiator shall renew  a
label  registration  whenever  that  label  is  revised  by altering the
universal product code or whenever the container on which it appears  is
changed in size, composition or glass color.]
  S 7. Section 27-1013 of the environmental conservation law, as amended
by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1013. Redemption centers AND DEALERS.
  The  commissioner  is  hereby  empowered to promulgate rules and regu-
lations governing (1)  THE  REGISTRATION  OR  PERMITTING  OF  REDEMPTION
CENTERS INCLUDING BUT NOT LIMITED TO CONDITIONS FOR GRANTING A REGISTRA-
TION  OR  PERMIT, GROUNDS FOR REVOCATION OF A REGISTRATION OR PERMIT AND
THE PROCESS FOR THE REVOCATION OF A  REGISTRATION  OR  PERMIT;  (2)  the
circumstances  in  which  DEPOSIT  INITIATORS, dealers and distributors,
individually or collectively, are required to accept the return of empty
beverage containers, and make payment therefor; [(2)] (3) the sorting of
the containers which a deposit initiator or distributor may  require  of
dealers  and  redemption  centers;  [(3)] (4) the collection of returned
beverage containers by deposit initiators or distributors, including the
party to whom such expense is to be charged, the frequency of such  pick
ups THAT SHALL ALSO ALLOW A SCHEDULE MEETING THE MINIMUM REQUIREMENTS OF
SUCH  REGULATIONS  AND  AGREED TO IN WRITING BY THE DEPOSIT INITIATOR OR
DISTRIBUTOR AND THE REDEMPTION CENTER AND  THAT  SHALL  ALSO  TAKE  INTO
ACCOUNT  A MINIMUM VOLUME OF CONTAINERS NECESSARY FOR SUCH A PICK UP and
the payment for refunds and handling fees thereon; [(4)] (5)  the  right
of  dealers  to restrict or limit the number of containers redeemed, the
rules for redemption at the dealers' place of business, and the  redemp-
tion  of containers from a beverage for which sales have been discontin-
ued, and to issue REGISTRATIONS OR permits to persons, firms  or  corpo-
rations  which  establish  redemption  centers,  subject  to  applicable
provisions of local and state laws, at which redeemers and  dealers  may
return empty beverage containers and receive payment of the refund value
of  such beverage containers; (6) THE ASSIGNMENT OF A SPECIFIC REGISTRA-
TION OR PERMIT IDENTIFICATION NUMBER TO  EACH  REDEMPTION  CENTER;  SUCH
REGISTRATION  OR  PERMIT  NUMBER,  ALONG  WITH  THE NUMBER OF CONTAINERS
CONTAINED THEREIN, SHALL BE AFFIXED TO ANY BOX OR  BAG  PROFFERED  BY  A
REDEMPTION  CENTER  TO A DEPOSIT INITIATOR OR DISTRIBUTOR FOR REDEMPTION
IN A MANNER MANDATED BY THE  COMMISSIONER;  AND  (7)  THE  OPERATION  OF
MOBILE  REDEMPTION  CENTERS  IN  ORDER TO ENSURE THAT TO THE BEST EXTENT
PRACTICABLE CONTAINERS ARE NOT PROFFERED FOR  REDEMPTION  TO  A  DEPOSIT
INITIATOR  OR  DISTRIBUTOR  OUTSIDE  OF  THE  GEOGRAPHIC AREA WHERE SUCH
DEPOSIT INITIATOR SELLS CONTAINERS AND INITIATES DEPOSITS. No dealer  or
distributor,  as  defined  in  section  27-1003  of this title, shall be
required to obtain a permit to operate a redemption center at  the  same
location  as  the dealer's or distributor's place of business. Operators
of such redemption centers shall receive payment of the refund value  of
each  beverage  container  from  the  appropriate  deposit  initiator or
distributor as provided under section 27-1007 of this title.
  S 8. Section 27-1014 of the environmental conservation law, as amended
by section 10 of part SS of chapter 59 of the laws of 2009,  is  amended
to read as follows:
S 27-1014. Authority to promulgate rules and regulations.

S. 2608--C                         19

  In  addition  to  the  authority  of  the commissioner, under sections
27-1007, 27-1009 and 27-1013 of this title, the commissioner shall  have
the  power to promulgate rules and regulations necessary and appropriate
for the administration of this title AND TO PREVENT FRAUD.
  S 9. Section 27-1015 of the environmental conservation law, as amended
by  section  11 of part SS of chapter 59 of the laws of 2009, is amended
to read as follows:
S 27-1015. Violations.
  1. [A violation of this title, except as otherwise  provided  in  this
section  and  section 27-1012 of this title, shall be a public nuisance.
In addition, except] CIVIL AND ADMINISTRATIVE SANCTIONS. A.   EXCEPT  as
otherwise  provided  in  this section and section 27-1012 of this title,
any  person  who  [shall  violate]  VIOLATES  any  [provision]  OF   THE
PROVISIONS  of, OR FAILS TO PERFORM A DUTY IMPOSED BY, THIS TITLE OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM  OR  CONDI-
TION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL
DETERMINATION  OR  ORDER OF THE COMMISSIONER MADE PURSUANT TO this title
shall be liable [to the state of New York] for a civil  penalty  of  not
more  than  five  hundred  dollars FOR EACH VIOLATION, and an additional
civil penalty of not more than five hundred dollars for each day  during
which  each  such violation continues. Any civil penalty may be assessed
BY THE COMMISSIONER following a  hearing  or  opportunity  to  be  heard
PURSUANT  TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER OR BY THE
COURT IN ANY ACTION OR PROCEEDING PURSUANT TO SECTION  71-2727  OF  THIS
CHAPTER.  IN  ADDITION,  SUCH  PERSON MAY BY SIMILAR PROCESS BE ENJOINED
FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRATION ISSUED  TO
SUCH PERSON MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION
DENIED.
  [2.  Any] B. IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF
TAXATION AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS  TITLE,  ANY
distributor  or  deposit  initiator  who  violates any provision of this
title, [except as provided in section 27-1012 of this title,]  OR  FAILS
TO  PERFORM  A  DUTY  IMPOSED  BY  THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY  REGISTRA-
TION  OR  PERMIT  ISSUED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR
ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE  shall  be  liable
[to  the  state  of  New  York] for a civil penalty of not more than one
thousand dollars FOR EACH VIOLATION, and an additional civil penalty  of
not  more  than one thousand dollars for each day during which each such
violation continues. Any civil penalty may be assessed  BY  THE  COMMIS-
SIONER  following  a  hearing or opportunity to be heard PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, OR BY THE  COURT  IN  ANY
ACTION  OR  PROCEEDING  PURSUANT  TO SECTION 71-2727 OF THIS CHAPTER. IN
ADDITION, SUCH DEPOSIT INITIATOR OR DISTRIBUTOR MAY BY  SIMILAR  PROCESS
BE  ENJOINED  FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRA-
TION ISSUED TO SUCH PERSON MAY BE REVOKED  OR  SUSPENDED  OR  A  PENDING
RENEWAL APPLICATION DENIED.
  2.  CRIMINAL SANCTIONS. A.  ANY PERSON WHO, HAVING ANY OF THE CULPABLE
MENTAL STATES DEFINED IN SECTION 15.05 OF THE PENAL  LAW,  VIOLATES  ANY
PROVISION  OF OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY THIS TITLE, OR
ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETER-
MINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE  SHALL
BE  GUILTY  OF  A VIOLATION AND, UPON CONVICTION, SHALL BE PUNISHED BY A
FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION; EACH  DAY
ON  WHICH  SUCH  VIOLATION OCCURS SHALL CONSTITUTE A SEPARATE VIOLATION;
AND  FOR  EACH  SUCH  VIOLATION  THE  PERSON  SHALL  BE  SUBJECT,   UPON

S. 2608--C                         20

CONVICTION,  TO IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR TO A FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR TO BOTH IMPRISONMENT AND FINE.
  B.  IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF TAXATION
AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY  DISTRIBU-
TOR  OR  DEPOSIT INITIATOR WHO, HAVING ANY OF THE CULPABLE MENTAL STATES
DEFINED IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY PROVISION OF  OR
WHO  FAILS  TO  PERFORM  ANY  DUTY IMPOSED BY THIS TITLE, OR ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL  DETERMINATION  OR
ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF
A  VIOLATION  AND,  UPON  CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION;  EACH  DAY  ON  WHICH
SUCH  VIOLATION  OCCURS  SHALL  CONSTITUTE A SEPARATE VIOLATION; AND FOR
EACH SUCH VIOLATION THE PERSON SHALL BE  SUBJECT,  UPON  CONVICTION,  TO
IMPRISONMENT  FOR  NOT  MORE  THAN FIFTEEN DAYS OR TO A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINE.
  [3.] C. It shall be unlawful for [a distributor or deposit  initiator]
ANY PERSON, acting alone or aided by another, to return any empty bever-
age  container  to a dealer or redemption center for its refund value if
[the] A distributor or deposit initiator had  previously  accepted  such
beverage  container  from any dealer or operator of a redemption center,
OR IF SUCH CONTAINER  WAS  PREVIOUSLY  ACCEPTED  BY  A  REVERSE  VENDING
MACHINE.  A  violation of this [subdivision] PARAGRAPH shall be a misde-
meanor punishable by a fine of not less than five  hundred  dollars  nor
more  than  one  thousand  dollars  and an amount equal to two times the
amount of money received as a result of such violation, OR  IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINES.
  D. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY PERSON
WHO VIOLATES SUBDIVISION ELEVEN OF SECTION 27-1007 OF THIS TITLE, OR ANY
RULE  OR  REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMI-
NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE
GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL  BE  PUNISHED  BY  A
FINE  OF  NOT MORE THAN ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
  E. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY  DEAL-
ER,  DISTRIBUTOR  OR  DEPOSIT  INITIATOR, WHO KNOWINGLY OR INTENTIONALLY
VIOLATES ANY PROVISION OF OR  FAILS  TO  PERFORM  ANY  DUTY  IMPOSED  BY
SECTION  27-1005  OR  27-1012  OF  THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE
COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF A  MISDEMEA-
NOR  AND,  UPON CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY  IMPRISONMENT  FOR  NOT
MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  [4.]  3.  Any person who [willfully] tenders to a dealer, distributor,
redemption center or  deposit  initiator  more  than  forty-eight  empty
beverage  containers  for  which  such person knows or should reasonably
know that no deposit was paid in New York state may be assessed [by  the
department]  a  civil  penalty  of  up  to  one hundred dollars for each
container or up to twenty-five thousand dollars for each such tender  of
containers.  At  each  location  where  a  person tenders containers for
redemption, dealers and redemption centers must conspicuously display  a
sign  in letters that are at least one inch in height with the following
information: "WARNING:  Persons tendering for redemption  containers  on
which  a  deposit was never paid in this state may be subject to a civil
penalty of up to one hundred dollars per container or up to  twenty-five
thousand  dollars for each such tender of containers." Any civil penalty

S. 2608--C                         21

may be assessed BY THE COMMISSIONER following a hearing  or  opportunity
to  be heard PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAP-
TER, OR BY THE COURT IN ANY ACTION OR  PROCEEDING  PURSUANT  TO  SECTION
71-2727 OF THIS CHAPTER. IN ADDITION, SUCH PERSON MAY BY SIMILAR PROCESS
BE  ENJOINED  FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRA-
TION ISSUED TO SUCH PERSON MAY BE REVOKED  OR  SUSPENDED  OR  A  PENDING
RENEWAL APPLICATION DENIED.
  [5.]  4. A. The department, the department of agriculture and markets,
the department of taxation and finance  and  the  attorney  general  are
hereby authorized to enforce the provisions of this title AND ALL MONIES
COLLECTED  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
PROTECTION FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-S  OF  THE
STATE  FINANCE  LAW.  In  addition, the provisions of section 27-1005 of
this title and subdivisions one, two, three, four, five, ten and  eleven
of section 27-1007 of this title may be enforced by a county, city, town
or village, and the local legislative body thereof may adopt local laws,
ordinances  or  regulations consistent with this title providing for the
enforcement of such provisions AND ALL MONIES COLLECTED BY THE ENFORCING
COUNTY, CITY, TOWN OR VILLAGE AS FINES OR  PENALTIES  PURSUANT  TO  THIS
SECTION  SHALL  BE  PAYABLE  TO AND BE THE PROPERTY OF THE COUNTY, CITY,
TOWN OR VILLAGE.
  B. IN ADDITION,  A  VIOLATION  OF  THIS  TITLE,  EXCEPT  AS  OTHERWISE
PROVIDED IN THIS SECTION, SHALL BE A PUBLIC NUISANCE, AND WITHOUT LIMIT-
ING  THE  RIGHTS  OF  THE DEPARTMENT, OR ANY PERSON, FIRM OR CORPORATION
UNDER THIS SUBDIVISION OR ANY OTHER PROVISION OF THIS SECTION, A DEALER,
OWNER OR OPERATOR OF A REDEMPTION CENTER, DISTRIBUTOR, OR DEPOSIT INITI-
ATOR SHALL HAVE A CIVIL RIGHT OF ACTION TO  ENFORCE  THE  PROVISIONS  OF
SECTION  27-1009  OF  THIS  TITLE  AND SUBDIVISIONS FOUR, FIVE, SIX, AND
EIGHT OF SECTION 27-1007 OF THIS TITLE.
  S 10.  Section  27-1017  of  the  environmental  conservation  law  is
REPEALED.
  S  11.  Subdivision  3  of  section  92-s of the state finance law, as
amended by section 2 of part T of chapter 59 of the  laws  of  2009,  is
amended to read as follows:
  3.  Such  fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and  penalties  deposited
pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
amount of fees and penalties received from easements or leases  pursuant
to  subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service  charges  pursuant  to  section
four  hundred four-l of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve  fund  pursuant  to
section  two  hundred  ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
pursuant  to  section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
section  54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
hundred  ninety-six,  provided  however,  that such moneys shall only be
used for the cost of the purchase of private lands in the core  area  of
the  central  Suffolk  pine barrens pursuant to a consent order with the
Northville industries signed on  October  thirteenth,  nineteen  hundred
ninety-four  and  the related resource restoration and replacement plan,
the amount of penalties required to  be  deposited  therein  by  section
71-2724 of the environmental conservation law, all moneys required to be

S. 2608--C                         22

deposited  pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of  section
70-0117 of the environmental conservation law, [as added by a chapter of
the  laws  of two thousand nine,] all moneys collected pursuant to title
thirty-three of article fifteen of the environmental  conservation  law,
[as  added by a chapter of the laws of two thousand nine] BEGINNING WITH
THE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO  THOUSAND  THIRTEEN,  AND
ALL  FISCAL  YEARS  THEREAFTER,  FIFTEEN  MILLION DOLLARS PLUS ALL FUNDS
RECEIVED BY THE STATE EACH FISCAL YEAR IN EXCESS OF THE AMOUNT  RECEIVED
FROM  APRIL  FIRST,  TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND THIRTEEN, FROM THE PAYMENTS COLLECTED PURSUANT  TO  SUBDIVISION
TWO  OF  SECTION  27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW, and all
other moneys credited or transferred thereto  from  any  other  fund  or
source  pursuant  to  law. All such revenue shall be initially deposited
into the environmental protection fund, for application as  provided  in
subdivision five of this section.
  S  12.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART G

  Section 1. Subdivisions 1 and 2 of section  27-1905  of  the  environ-
mental  conservation  law, as amended by section 1 of part DD of chapter
59 of the laws of 2010, are amended to read as follows:
  1. Until  December  thirty-first,  two  thousand  [thirteen]  SIXTEEN,
accept  from  a customer, waste tires of approximately the same size and
in a quantity equal to the number of new tires purchased or installed by
the customer; and
  2. Until December thirty-first, two thousand [thirteen] SIXTEEN,  post
written notice in a prominent location, which must be at least eight and
one-half  inches  by  fourteen  inches in size and contain the following
language:
  "New York State law requires us to accept and manage waste tires  from
vehicles  in  exchange  for an equal number of new tires that we sell or
install. Tire retailers are required to charge a separate  and  distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
  The retailers in addition are authorized, at their sole discretion, to
pass  on  waste  tire management and recycling costs to tire purchasers.
Such costs may be included as part of the advertised price  of  the  new
tire,  or  charged  as  a  separate  per-tire charge in an amount not to
exceed $2.50 on each new tire sold."
  The written notice shall also contain one of the following  statements
at  the  end  of  the aforementioned language and as part of the notice,
which shall accurately indicate the manner in  which  the  tire  service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:
  "Our  waste  tire  management  and recycling costs are included in the
advertised price of each new tire.", or
  "We charge a separate per-tire charge of $____ on each new  tire  sold
that  will  be listed on your invoice to cover our waste tire management
and recycling costs."
  S 2. Subdivisions 1, 2 and 3 and paragraph (a)  of  subdivision  6  of
section  27-1913  of the environmental conservation law, subdivisions 1,
2, the opening paragraph of subdivision 3 and paragraph (a) of  subdivi-
sion  6  as amended by section 4 of part DD of chapter 59 of the laws of

S. 2608--C                         23

2010 and subdivision 3 as amended by section 2 of part E1 of chapter  63
of the laws of 2003, are amended to read as follows:
  1.  Until  December  thirty-first,  two thousand [thirteen] SIXTEEN, a
waste tire management and recycling fee of two dollars and  fifty  cents
shall  be  charged  on  each new tire sold. The fee shall be paid by the
purchaser to the tire service at the time the  new  tire  or  new  motor
vehicle is purchased.
  The waste tire management and recycling fee does not apply to:
  (a) recapped or resold tires;
  (b) mail-order sales; or
  (c)  the  sale  of  new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this  state  is
subject to such fee.
  2. [Until December thirty-first, two thousand thirteen, the]  THE tire
service  shall  collect the waste tire management and recycling fee from
the purchaser at the time of the sale and shall [remit] PAY such fee  to
the  department  of  taxation  and  finance  with the quarterly [report]
RETURN filed pursuant to subdivision three of this section. THE  COMMIS-
SIONER OF TAXATION AND FINANCE MAY REQUIRE THAT THE TIRE SERVICE PAY THE
FEE ELECTRONICALLY.
  (a)  The  fee  imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
  (b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
  3. Until March thirty-first, two thousand [fourteen]  SEVENTEEN,  each
tire  service maintaining a place of business in this state shall make a
return to the department of taxation and finance on a quarterly  basis[,
with  the  return  for  December,  January, and February being due on or
before the immediately following  March  thirty-first;  the  return  for
March,  April,  and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being  due  on  or
before the immediately following September thirtieth; and the return for
September,  October, and November being due on or before the immediately
following December thirty-first] IN THE FORM AND  MANNER  PRESCRIBED  BY
THE  COMMISSIONER  OF TAXATION AND FINANCE. THE COMMISSIONER OF TAXATION
AND FINANCE MAY REQUIRE SUCH RETURNS TO  BE  FILED  ELECTRONICALLY.  THE
QUARTERLY  RETURNS  REQUIRED  BY THIS SUBDIVISION SHALL BE FILED FOR THE
QUARTERLY PERIODS ENDING ON THE LAST DAY OF FEBRUARY,  MAY,  AUGUST  AND
NOVEMBER OF EACH YEAR, AND EACH SUCH RETURN SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE END OF THE QUARTERLY PERIOD COVERED THEREBY.
  (a) Each return shall include:
  (i) the name of the tire service;
  (ii) the address of the tire service's principal place of business and
the  address  of the principal place of business (if that is a different
address) from which the tire service engages in the business  of  making
retail sales of tires;
  (iii) the name and signature of the person preparing the return;
  (iv)  the  total  number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
  (v) the amount of waste tire management and recycling fees due; and
  (vi) such other reasonable information as the department  of  taxation
and finance may require.
  (b)  Copies  of  each  [report]  RETURN  shall be retained by the tire
service for three years.

S. 2608--C                         24

  If a tire service ceases business, it shall file a  final  return  and
[remit]  PAY  all  fees due under this title [with] TO the department of
taxation and finance not more than one month  after  discontinuing  that
business.
  (a)  [Until  December  thirty-first,  two  thousand thirteen, any] ANY
additional waste tire management and recycling costs of the tire service
in excess of the amount authorized to be retained pursuant to  paragraph
(b)  of subdivision two of this section may be included in the published
selling price of the new tire, or charged as a separate per-tire  charge
on  each  new  tire sold. When such costs are charged as a separate per-
tire charge: (i) such charge shall be stated as an invoice item separate
and distinct from the selling price of the tire; (ii) the invoice  shall
state  that  the  charge  is  imposed at the sole discretion of the tire
service; and (iii) the amount of such charge shall  reflect  the  actual
cost to the tire service for the management and recycling of waste tires
accepted  by the tire service pursuant to section 27-1905 of this title,
provided however, that in no event shall such charge exceed two  dollars
and fifty cents on each new tire sold.
  S  3.  Subdivision 2 of section 27-1915 of the environmental conserva-
tion law, as added by section 3 of part V1 of chapter 62 of the laws  of
2003, is amended to read as follows:
  2. costs of the department of economic development for the following:
  (a)  conducting  an  updated market analysis of outlets for waste tire
utilization including recycling and energy recovery opportunities;
  (b) establishment of a program  to  provide  funds  to  businesses  to
develop technology that leads to increased markets for waste tires;
  (c)  ESTABLISHMENT  OF  A PROGRAM TO AWARD THROUGH COMPETITIVE PROCESS
THE GREATER OF THREE MILLION DOLLARS OR TEN PERCENT OF REVENUE DEPOSITED
ANNUALLY IN THE WASTE MANAGEMENT AND CLEANUP FUND ESTABLISHED IN SECTION
NINETY-TWO-BB OF THE STATE FINANCE LAW, TO MANUFACTURERS THAT USE  RECY-
CLED TIRE MATERIALS FOR THE DEVELOPMENT OF PRODUCTS CREATED AND PRODUCED
IN  NEW  YORK  STATE;  SUCH  AWARD  SHALL BE MADE PRIOR TO THE FIRST FEE
COLLECTION DATE FOLLOWING THE END OF THE YEAR FROM WHICH THE AWARD FUNDS
ARE CALCULATED;
  (D) funding of demonstration projects; and
  [(d)] (E) administration of requirements of this section.
  S 4. This act shall take effect immediately, and shall  apply  to  the
quarterly periods provided for in the opening paragraph of subdivision 3
of  section 27-1913 of the environmental conservation law, as amended by
section two of this act, beginning on or after the date this  act  shall
have become a law.

                                 PART H

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to  make  loans,  as
amended  by  section  1  of part R of chapter 58 of the laws of 2012, is
amended to read as follows:
  S 2. This act shall take effect immediately  provided,  however,  that
section  one  of  this act shall expire on July 1, [2013] 2014, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be  deemed  repealed;  provided,
however,  that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner

S. 2608--C                         25

any loan made pursuant to the authority of  such  subdivision  prior  to
such expiration and repeal.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART I

  Section 1. Section 2 of part BB of chapter 58  of  the  laws  of  2012
amending the public authorities law relating to authorizing the dormito-
ry  authority  to  enter into certain design and construction management
agreements is amended to read as follows:
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, [2013] 2015.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART J
                          Intentionally Omitted

                                 PART K

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to receive for deposit to the  credit  of
the  general  fund  the amount of up to $913,000 from the New York state
energy research and development authority.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART L
                          Intentionally Omitted

                                 PART M

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, expenses of the department of health public service  education
program  incurred  pursuant  to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART N

  Section  1.    Paragraph  (g)  of subdivision 2 of section 18-a of the
public service law, as amended by section 2 of part NN of chapter 59  of
the laws of 2009, is amended to read as follows:
  (g) The total amount which may be charged to any public utility compa-
ny  under  authority of this subdivision for any state fiscal year shall
not exceed ONE-THIRD OF one per centum of such public utility  company's
gross  operating  revenues derived from intrastate utility operations in
the last preceding calendar year, or other twelve month period as deter-
mined by the chairman; provided, however, that no corporation or  person
that  is subject to the jurisdiction of the commission only with respect

S. 2608--C                         26

to safety, or the power authority of the state of  New  York,  shall  be
subject to the general assessment provided for under this subdivision.
  S 2. This act shall take effect April 1, 2014.

                                 PART O
                          Intentionally Omitted

                                 PART P

  Section  1.  Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state  to  provide
special  handling  for  all documents filed or issued by the division of
corporations and to permit additional levels of such expedited  service,
as  amended by section 1 of part L of chapter 60 of the laws of 2011, is
amended to read as follows:
  S 2. This act shall take effect immediately,  provided  however,  that
section  one  of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and  shall  expire  March  31,  [2013]
2014.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2013.

                                 PART Q
                          Intentionally Omitted

                                 PART R

  Section 1. Subdivisions 5, 6, 7-a, 10, 12, 13, 14, 15, 16  and  17  of
section 11-0701 of the environmental conservation law are REPEALED.
  S  2.  Subdivisions  4  and  8 of section 11-0701 of the environmental
conservation law are renumbered subdivisions 3 and 4 and subdivisions 1,
2, 3, 9-a and 11, subdivisions 1, 3 and 11 as amended by chapter 344  of
the  laws of 2008, paragraph a of subdivision 2 as amended by chapter 57
of the laws of 1993, subparagraph 1 of paragraph a of subdivision  2  as
added  by  section  5  and  paragraph  b  of subdivision 2 as amended by
section 6 of part F of chapter 82 of the laws of 2002,  paragraph  c  of
subdivision 2 as amended by chapter 25 of the laws of 2011, and subdivi-
sion  9-a as added by chapter 237 of the laws of 1993, are amended and a
new subdivision 7 is added to read as follows:
  1. [A small game license entitles a holder who is sixteen years of age
or older to hunt wildlife, except big game, and to take with  a  gun  or
longbow fish permitted to be so taken, as provided in titles 9 and 13 of
this article.
  2.] a. [(1)] A [small and big game] HUNTING license entitles the resi-
dent  OR NON-RESIDENT holder WHO IS TWELVE YEARS OF AGE OR OLDER to hunt
wildlife, AS PROVIDED IN TITLE 9 OF THIS ARTICLE, subject to the follow-
ing:
  (i) [a holder who is eighteen years of age or older may hunt  wildlife
as provided in title 9 of this article,
  (ii)] a holder who is sixteen OR SEVENTEEN years OLD [of age or older]
may  hunt [wildlife, except] big game[, as provided in title 9] PURSUANT
TO THE PROVISIONS OF SECTION 11-0929 of this article, and
  [(iii)] (II) a holder who is [between the ages of  sixteen  and  eigh-
teen]  FOURTEEN  OR  FIFTEEN YEARS OLD may hunt big game pursuant to the

S. 2608--C                         27

provisions of [title 9 of this article while the holder  is  accompanied
by a parent, guardian or person over the age of eighteen as required by]
section 11-0929 of this article[.], AND
  (III)  A HOLDER WHO IS TWELVE OR THIRTEEN YEARS OLD MAY HUNT WILDLIFE,
EXCEPT BIG GAME, PURSUANT TO THE PROVISIONS OF SECTION 11-0929  OF  THIS
ARTICLE.  SUCH  HOLDER  IS  ENTITLED  TO POSSESS FIREARMS AS PROVIDED IN
SECTION 265.05 OF THE PENAL LAW, AND
  (IV) A holder may take fish with a [gun or]  longbow  as  provided  in
titles 9 and 13 of this article.
  [(2)  A  non-resident  big  game license entitles a person who has not
been a resident of the state for more than thirty days to hunt wild deer
as provided in title 9. It entitles such person to hunt bear during  the
regular open bear season or in an open season fixed by regulation pursu-
ant  to  subdivision  eight  of  section 11-0903 of this article if such
person is also the holder of a non-resident  bear  tag.  It  entitles  a
person who is between the ages of sixteen and eighteen years to exercise
the  privileges  of  a  big  game  license  subject to the provisions of
section 11-0929.]
  b.  A special antlerless deer license is applicable to the hunting  of
wild antlerless deer in a special open season fixed pursuant to subdivi-
sion 6 of section 11-0903 of this article in a tract within a Wilderness
Hunting  Area  and entitles the holder of a license which authorizes the
holder to hunt big game to hunt antlerless deer  in  such  special  open
season,  as  provided in title 9 of this article if he OR SHE has on his
OR HER person while so hunting both his OR HER license which  authorizes
the  holder  to  hunt  big  game  and his OR HER special antlerless deer
license.
  [c. A junior archery license entitles a resident holder who is between
the ages of twelve and sixteen years to hunt wild deer and bear  with  a
longbow during the special archery season and during the regular season,
as provided in title 9 of this article, as if such person held a license
which  authorizes  the  holder  to hunt big game with a bowhunting stamp
affixed, subject to the provisions of section 11-0929 and subdivision  3
of  section  11-0713  of this article. It entitles a non-resident holder
who is between the ages of twelve and sixteen years to  hunt  wild  deer
and bear with a longbow during the special archery season and during the
regular  season,  as  provided  in  title  9 of this article, as if such
person held a non-resident bowhunting license,  a  non-resident  license
which  authorizes  the  holder to hunt deer and a non-resident bear tag,
subject to the provisions  of  section  11-0929  and  subdivision  3  of
section 11-0713 of this article.]
  FOR  PURPOSES  OF  THIS  TITLE, A NON-RESIDENT IS A PERSON WHO HAS NOT
BEEN A RESIDENT OF THE STATE FOR MORE THAN THIRTY DAYS.
  [3] 2. A bowhunting [stamp when affixed to] PRIVILEGE  INCLUDED  ON  a
[resident]  HUNTING  license  [which  authorizes  the holder to hunt big
game] entitles a holder who is eighteen years of age or  older  to  hunt
wild  deer and bear with a longbow, as provided in title 9 of this arti-
cle, in a special longbow season, SUBJECT TO THE PROVISIONS OF  SUBDIVI-
SION  3  OF SECTION 11-0713 OF THIS ARTICLE and it entitles a holder who
is [sixteen or] TWELVE THROUGH seventeen years of age  to  exercise  the
same  privileges subject to the provisions of section 11-0929 and subdi-
vision 3 of section 11-0713 of this article.
  [9-a] 5.  A one-day fishing license entitles the [resident or  non-re-
sident]  holder  to  exercise the privileges of a fishing license on the
day specified on the license.

S. 2608--C                         28

  [11] 6. A muzzle-loading [stamp] PRIVILEGE when [affixed to]  INCLUDED
ON a [resident] HUNTING license [which authorizes the holder to hunt big
game]  entitles  a  holder who is fourteen years of age or older to hunt
wild deer and bear with a muzzle-loading firearm, as provided in title 9
of  this article, in a special muzzle-loading firearm season, SUBJECT TO
THE PROVISIONS OF SUBDIVISION 3 OF SECTION 11-0713 OF THIS ARTICLE.
  7. A. A TRAPPING LICENSE ENTITLES THE RESIDENT OR NON-RESIDENT  HOLDER
TO  TRAP  BEAVER,  OTTER, FISHER, MINK, MUSKRAT, SKUNK, RACCOON, BOBCAT,
COYOTE, FOX, OPOSSUM,  WEASEL,  PINE  MARTEN  AND  UNPROTECTED  WILDLIFE
EXCEPT  BIRDS,  AS  PROVIDED IN TITLE 11 OF THIS ARTICLE, SUBJECT TO THE
PROVISIONS OF SUBPARAGRAPH 2 OF PARAGRAPH B OF SUBDIVISION 3 OF  SECTION
11-0713 OF THIS ARTICLE.
  B.  A  JUNIOR  TRAPPING  LICENSE MAY ENTITLE A HOLDER WHO IS LESS THAN
TWELVE YEARS OLD TO TRAP BEAVER, OTTER, FISHER,  MINK,  MUSKRAT,  SKUNK,
RACCOON,  BOBCAT,  COYOTE,  FOX, OPOSSUM, WEASEL, PINE MARTEN AND UNPRO-
TECTED WILDLIFE EXCEPT BIRDS, AS PROVIDED IN TITLE 11 OF  THIS  ARTICLE,
SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH TWO OF PARAGRAPH B OF SUBDIVI-
SION 3 OF SECTION 11-0713 OF THIS ARTICLE.
  S  3.  Subdivisions  2,  4, 5 and 6 of section 11-0703 of the environ-
mental conservation law, subdivision 2 as amended by chapter 507 of  the
laws  of 2010, subdivision 4 as amended by section 21 and paragraph a of
subdivision 5 as amended by section 22 of part F of chapter  82  of  the
laws  of 2002, paragraph b of subdivision 4 as amended by chapter 178 of
the laws of 2011, paragraphs d and e of subdivision 4 and subdivision  6
as  amended by chapter 344 of the laws of 2008, subdivision 5 as amended
by chapter 450 of the laws of 1991 and paragraph d of subdivision  5  as
relettered  by  chapter  470 of the laws of 1994, are amended to read as
follows:
  2. Except as provided in section 11-0704 of this  title,  no  license,
permit, tag or [stamp] PRIVILEGE is transferable. No person shall alter,
change, lend to another or attempt to transfer to another any license or
any  [button,]  permit,  tag  or  [stamp] PRIVILEGE issued therewith. No
person, while hunting, shall possess a license, [button,] permit, tag or
[stamp] PRIVILEGE which was issued to  another  person  unless  actually
accompanied by the person to whom such license, [button,] permit, tag or
[stamp]  PRIVILEGE  was issued. No person shall purchase, possess or use
more than one [junior archery, junior hunting, small and big  game,  big
game, bowhunting, muzzle-loading, sportsman, or resident super-sportsman
license  or  stamp,  non-resident  bowhunting or muzzle-loading license,
non-resident super-sportsman license,  non-resident  bear  tag]  HUNTING
LICENSE  or  special  permit  for  the  current  license year, except as
permitted by regulation of the department. Notwithstanding the  prohibi-
tions  contained  in  this  subdivision, the department may authorize by
rule or regulation the  transfer  of  deer  management  permits,  issued
pursuant  to  section 11-0913 of this article, to any person licensed to
hunt deer pursuant to this title.
  4. a. [Non-resident fishing, non-resident  super-sportsman,  non-resi-
dent bowhunting or muzzle-loading, or non-resident trapping licenses, or
non-resident  bear  tags  are issuable only to non-residents and persons
who have been residents for less than thirty days immediately  preceding
the date of application.
  b.  A  person  under  the  age of fourteen years is ineligible for any
license, other than a junior archery license, which authorizes the hold-
er to hunt big game. A person under the age of sixteen years is ineligi-
ble for a small and big game,  sportsman  or  resident  super-sportsman,
non-resident   super-sportsman,   non-resident  big  game,  non-resident

S. 2608--C                         29

bowhunting license, or bowhunting stamp.] A person is ineligible  for  a
[small  game, small and big game, junior hunting, big game, junior arch-
ery, sportsman and resident super-sportsman, non-resident  super-sports-
man,  or  non-resident] HUNTING LICENSE, bowhunting PRIVILEGE or muzzle-
loading [license] PRIVILEGE unless such person meets the requirements of
subdivision 3 of section 11-0713 of this title.
  [c]  B.    Only  the  following  persons  are  eligible  for  resident
[licenses]  FEES:  (1)  persons who have been residents in the state for
[more than] thirty days immediately [preceding] PRIOR  TO  the  date  of
application  for  the  licenses, or who are enrolled [in] AS a full-time
[course] STUDENT at a college or university within the state and who are
in residence in the state for the school year, or who are out  of  state
or  foreign  exchange  high school students enrolled [in] AS a full-time
[course] STUDENT in a high school within the state and who are in  resi-
dence  in the state for the school year; (2) Indian residents or members
of the six nations residing on any reservation wholly or  partly  within
the  state;  (3)  members  of  the  United States armed forces in active
service, stationed in this state, regardless of the place  of  residence
at  the time of entry into the service; and (4) persons privileged under
subdivision 5 of section 11-0707 of this article to take wildlife, other
than deer and bear, as if they held hunting licenses.
  [d] C.   Only persons who possess  a  [small  and  big  game]  HUNTING
license[,  the big game license portion of the free sportsman, a sports-
man license or resident super-sportsman  license]  are  eligible  for  a
bowhunting PRIVILEGE or muzzle-loading [stamp, except that the holder of
a junior hunting license, who is a resident and who is at least fourteen
years old, is eligible for a muzzle-loading stamp] PRIVILEGE.
  [e]  D.  A  person  under  the age of twelve years is ineligible for a
[junior] hunting license EXCEPT AS PROVIDED IN PARAGRAPH B  OF  SUBDIVI-
SION 1 OF SECTION 11-0701 OF THIS ARTICLE.
  5. a. One-day and seven-day fishing licenses expire on the date stated
on them. A FISHING LICENSE SHALL REMAIN EFFECTIVE ONE YEAR FROM THE DATE
ON WHICH IT WAS ISSUED.
  b.  A  fishing license issued without charge to a resident as formerly
provided in subdivision 2 of section 11-0715, shall remain effective for
the life of the licensee.
  c. A special antlerless deer license is effective during  the  special
open season for which it is issued.
  d.  All  other  licenses  and  [stamps]  PRIVILEGES defined in section
11-0701 are effective for a license year beginning [October] SEPTEMBER 1
and ending [September 30] AUGUST 31.
  6. a. Except as provided in section 11-0707  and  section  11-0709  of
this title, no person shall (1) hunt wildlife[, other than deer or bear,
or  take  fish  with a gun,] unless such person holds and is entitled to
exercise the privileges of a [small game, junior hunting, small and  big
game,  free sportsman, sportsman or resident super-sportsman, or non-re-
sident super-sportsman] HUNTING license; (2) hunt antlerless deer  in  a
special  open  season  therefor  pursuant  to  subdivision  6 of section
11-0903 of this article unless such person  holds  and  is  entitled  to
exercise the privileges of and has on his or her person while so hunting
a [small and big game, big game, junior archery, free sportsman, junior]
hunting  [if  the  licensee  is  at least fourteen years old, sportsman,
resident super-sportsman, non-resident super-sportsman or  non-resident]
LICENSE, bowhunting PRIVILEGE or muzzle-loading [license] PRIVILEGE, and
a  special antlerless deer license; (3) take fish or frogs in the manner
described in subdivision 4 of section 11-0701 of this title unless  such

S. 2608--C                         30

person  is entitled to exercise the privileges of a fishing license; (4)
trap wildlife unless such person holds a trapping license.
  b.  Except  as provided in section 11-0707 and section 11-0709 of this
title, no [resident] PERSON shall (1) hunt wild deer or bear unless such
person holds and is entitled to exercise the privileges of a [small  and
big  game,  junior  archery,  junior hunting if the licensee is at least
fourteen years old, free sportsman, sportsman, or resident super-sports-
man] HUNTING license, and meets the requirements of  this  article;  (2)
hunt wild deer or bear with a longbow in a special longbow season unless
such person holds and is entitled to exercise the privileges of a [small
and  big  game,  junior  archery, free sportsman, sportsman, or resident
super-sportsman] HUNTING license with a bowhunting [stamp affixed] PRIV-
ILEGE and meets the requirements of this article; or (3) hunt wild  deer
or  bear  with  a  muzzle-loading  firearm  in  a special muzzle-loading
firearm season unless such person IS AT LEAST  FOURTEEN  YEARS  OLD  AND
holds  a  [small and big game, free sportsman, sportsman, junior hunting
if the licensee is at least  fourteen  years  old,  or  resident  super-
sportsman]  HUNTING license with a muzzle-loading [stamp affixed] PRIVI-
LEGE and meets the requirements of this article.
  [c. Except as provided in section 11-0707 and section 11-0709 of  this
title, no non-resident shall (1) hunt wild deer unless such person holds
and  is  entitled to exercise the privileges of a big game, junior arch-
ery, junior hunting if the licensee is  at  least  fourteen  years  old,
non-resident super-sportsman, or non-resident bowhunting or muzzle-load-
ing  license;  (2)  hunt  wild  deer with a longbow in a special longbow
season unless such person holds and is entitled to exercise  the  privi-
leges  of  a  non-resident  super-sportsman, non-resident bowhunting, or
junior archery license; (3) hunt wild deer with a muzzle-loading firearm
in a special muzzle-loading firearm season unless such  person  holds  a
non-resident super-sportsman or non-resident muzzle-loading license; (4)
hunt  wild bear unless such person holds a junior hunting license if the
licensee is at least fourteen years old, a junior archery license, or  a
non-resident  bear  tag in combination with one of the non-resident deer
licenses listed in subparagraph 1, 2 or 3 of this paragraph.]
  S 4.  Subdivision 2, paragraphs b and c of subdivision 3 and paragraph
b of subdivision 4 of section 11-0713 of the environmental  conservation
law,  subdivision  2 as amended by chapter 25 of the laws of 2011, para-
graph b of subdivision 3 as amended by section 27  and  paragraph  b  of
subdivision  4  as  amended by section 28 of part F of chapter 82 of the
laws of 2002 and paragraph c of subdivision 3 as amended by chapter  344
of the laws of 2008, are amended to read as follows:
  2.  The issuing officer shall not issue a [junior archery license to a
person between the ages of twelve  and  sixteen  or  a  junior]  hunting
license  to  a  person  [between  the  ages of] AGE twelve [and] THROUGH
sixteen years unless, at the time of issuance, THE applicant is accompa-
nied by his or her parent or legal guardian who  shall  consent  to  the
issuance  of the license and shall so signify by signing his or her name
in ink across the face of it. At no time shall such licenses  be  issued
by  mail  to  persons  [between  the  ages  of] AGE twelve [and] THROUGH
sixteen years.
  b. (1) The issuing officer shall not issue a HUNTING license [or stamp
which authorizes the holder to exercise the] WITH A BOW  HUNTING  privi-
lege  [of  hunting  big  game  with  a longbow] to any person unless the
applicant presents a New York state license [or stamp] which  authorizes
the  holder to exercise the privilege of hunting [big game] with a long-
bow issued in 1980 or later, an affidavit as provided in subparagraph  2

S. 2608--C                         31

of  paragraph a of this subdivision or a certificate of qualification in
responsible bowhunting practices issued or honored by the department.
  (2)  The  issuing  officer  shall  not issue a trapping license to any
person unless the applicant presents a trapping license issued to him OR
HER previously, an affidavit as provided in subparagraph 2 of  paragraph
a  of  this subdivision or a certificate of qualification in responsible
trapping practices.
  c. The issuing  officer  shall  not  issue  a  [bowhunting  stamp  or]
muzzle-loading  [stamp]  PRIVILEGE  to  any [resident] PERSON unless the
applicant IS AT LEAST FOURTEEN YEARS OLD AND presents a [junior] hunting
license [if the licensee is at least fourteen years old, or a small  and
big  game,  free  sportsman,  or  sportsman  or resident super-sportsman
license] issued to that person for the corresponding license year.
  b. A person who has lost or accidentally destroyed a [button  or]  tag
issued with such a license or [stamp] PRIVILEGE may apply to any license
issuing  officer for a duplicate and the department shall issue a dupli-
cate [button or] tag when satisfied that the application is made in good
faith.  A duplicate free [sportsman] LICENSE, PRIVILEGE OR tag shall  be
issued free of charge.
  S  5.  Subdivisions  2,  3, 4 and 6 of section 11-0715 of the environ-
mental conservation law, subdivision 2 as amended by section 3, subdivi-
sion 3 as amended by section 4 and subdivision 4 as amended by section 5
of part KK of chapter 59 of the laws of 2009, subdivision 6 as added  by
section  32  of part F of chapter 82 of the laws of 2002 and paragraph a
of subdivision 6 as amended by chapter 344 of  the  laws  of  2008,  are
amended to read as follows:
  2.  A  member  of  the  Shinnecock  tribe or the Poospatuck tribe or a
member of the six nations, residing on any reservation wholly or  partly
within  the  state,  is  entitled  to  receive  free of charge a fishing
license, a [small and big game license, a sportsman] HUNTING license,  a
muzzle-loading  [stamp] PRIVILEGE, [a trapping license, and] a bow hunt-
ing [stamp] PRIVILEGE, AND A TRAPPING LICENSE; a resident of  the  state
who  is a member of the United States armed forces in active service who
is not stationed within the state and has not been  herein  longer  than
thirty  days on leave or furlough, is entitled to receive free of charge
a fishing license, a [small and big game] HUNTING license, and  a  trap-
ping  license;  a  resident  of the state who is an active member of the
organized militia of the state of New York as defined by section one  of
the  military  law, or the reserve components of the armed forces of the
United States, and excluding members of the inactive national guard  and
individual  ready reserve, is entitled to receive free of charge a fish-
ing license, a [small and big game]  HUNTING  license,  and  a  trapping
license;  and  a  resident who is blind is entitled to receive a fishing
license free of charge. For the purposes of this subdivision a person is
blind only if either: (a) his or her  central  visual  acuity  does  not
exceed  20/200  in  the better eye with correcting lenses, or (b) his or
her visual acuity is greater than 20/200 but is accompanied by a limita-
tion of the field of vision such that the widest diameter of the  visual
field subtends an angle no greater than 20 degrees.
  [A resident in the state for a period of thirty days immediately prior
to  the date of application who has attained the age of seventy is enti-
tled to receive a sportsman license at the cost  of  ten  dollars  as  a
license fee.]
  A  resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is  enti-

S. 2608--C                         32

tled  to receive a fishing license, and a [trapping] HUNTING license, at
a cost of five dollars for each license.
  A  resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is  enti-
tled  to  receive  free  of  charge a bowhunting [stamp] PRIVILEGE and a
muzzle-loading [stamp] PRIVILEGE.
  3. Each applicant for a license, permit or [stamp] PRIVILEGE shall pay
to the issuing officer a  fee,  according  to  the  license,  permit  or
[stamp] PRIVILEGE issued and the residence or other qualification of the
applicant.
  a.  In  the  case  of persons who have been residents of the state for
[more than] A PERIOD OF thirty days immediately [preceding] PRIOR TO the
date of application or who are enrolled [in]  AS  a  full-time  [course]
STUDENT at a college or university within the state and who are in resi-
dence  in  the  state  for  the  school year, OR WHO ARE OUT OF STATE OR
FOREIGN EXCHANGE HIGH SCHOOL STUDENTS ENROLLED AS A FULL-TIME STUDENT IN
A HIGH SCHOOL WITHIN THE STATE AND WHO ARE IN RESIDENCE IN THE STATE FOR
THE SCHOOL YEAR, Indians residing off  reservations  in  the  state  and
members of the United States armed forces in active service stationed in
this  state  regardless  of place of residence at the time of entry into
service:
        License                                   Fee
        (1) [Super-sportsman                      $88.00
        (2) Trapper Super-sportsman               $88.00
        (3) Sportsman                             $47.00
        (4) Small and big game                    $29.00]
        (A) HUNTING                               $22.00
        (B) HUNTING AGES FIFTEEN AND UNDER        $ 5.00
        [(5)] (2) Fishing                         $[29.00]25.00
        [(6)] (3) Trapping                        $[21.00] 20.00
        [(7) Small game                           $26.00
        (8) Junior trapping                       $ 6.00
        (9)] (4) Muzzle-loading [stamp]
        PRIVILEGE                                 $[21.00]11.00
        [(10)] (5) (A) Bowhunting [stamp]
        PRIVILEGE                                 $[21.00]20.00
        (B) BOWHUNTING PRIVILEGE AGES
        TWELVE THROUGH FIFTEEN                    $ 4.00
        [(11)] (6) Turkey permit                  $10.00
        [(12)] (7) Seven-day fishing              $15.00
        [(13) Conservation legacy                 $96.00
        (14)] (8) One-day fishing                 $ 5.00
  b. In the case of a non-resident and persons resident in the state for
less than thirty days, other than persons who are  enrolled  [in]  AS  a
full-time  [course]  STUDENT at a college or university within the state
and who are in residence in the state for  the  school  year  and  those
members  of the United States armed forces as to whom fees are specified
in paragraph a of this subdivision:
        License                                   Fee
        (1) [Big game] (A) HUNTING                [$140.00] $100.00
        (B) HUNTING AGES FIFTEEN AND UNDER        $  5.00
        [(2) Small game                           $ 85.00
        (3)] (2) Fishing                          $ [70.00] 50.00
        [(4)] (3) Seven-day fishing               $ 35.00
        [(5)] (4) Trapping                        $[310.00] 275.00
        [(6) Super-sportsman                      $280.00

S. 2608--C                         33

        (7)] (5) (A) Bowhunting
        PRIVILEGE                                 $[140.00] 40.00
        (B) BOWHUNTING PRIVILEGE AGES TWELVE
        THROUGH FIFTEEN                           $  4.00
        [(8)] (6) Muzzle-loading
        PRIVILEGE                                 $[140.00] 30.00
        [(9) Bear tag                             $ 50.00
        (10)] (7) Turkey permit                   [$ 50.00] $20.00
        [(11)] (8) One-day fishing                [$ 15.00] $10.00
  c. In all cases:
        (1) Certificates in lieu of lost license or [stamp]
            PRIVILEGE or tag                                $ 5.00
        (2) Duplicate for lost or destroyed permit[, button]
            or tag                                          $10.00
        [(3) Junior hunting license                         $ 5.00
        (4) Junior archery license                          $ 9.00
        (5) One-day fishing license                         $15.00
        (6) Conservation patron license                     $12.00]
  4. A person, resident in the state for at least thirty days immediate-
ly  prior  to the date of application, who has been honorably discharged
from service in the armed forces of the United States and  certified  as
having  a forty percent or greater service-connected disability is enti-
tled to receive all licenses, [stamps] PRIVILEGE, tags,  [buttons,]  and
permits authorized by this title for which he or she is eligible, except
turkey permits, renewable each year for a five dollar fee.
  6.  a.  License  issuing  officers may retain 1.1 percent of the gross
proceeds from the sale of [the following:
  (1) non-resident small game license
  (2) non-resident big game license
  (3) non-resident trapping license
  (4) bear tag
  (5) non-resident bowhunting license
  (6) non-resident muzzle-loading license
  (7) non-resident super-sportsman license
  (8) non-resident turkey permit
  (9)] all lifetime licenses listed in section 11-0702 of this title.
  b. License issuing officers  may  retain  5.5  percent  of  the  gross
proceeds from sale of all other [license, stamps] LICENSES, certificates
and  permits,  including  any  application  fees  associated  with  such
licenses, [stamps,] certificates and permits.
  S 6. Paragraphs c, d and e of subdivision 1 of section 11-0907 of  the
environmental conservation law, paragraph c as amended by section 38 and
paragraphs d and e as added by section 40 of part F of chapter 82 of the
laws of 2002, are amended to read as follows:
  c.  The  limit  for wild deer is one deer per person in a license year
except that (1) a person  entitled  to  exercise  the  privileges  of  a
special  antlerless deer license may take an antlerless deer while hunt-
ing pursuant to such license in addition to the limit of one deer  in  a
license  year  otherwise  applicable,  (2) a person who is a member of a
hunting group holding a deer management permit or permits issued  pursu-
ant  to  section  11-0913 of this article may take additional deer while
hunting in accordance with the conditions of the permit or permits,  (3)
the  holder  of  a  bowhunting [license or stamp] PRIVILEGE or a muzzle-
loading [license or stamp] PRIVILEGE may take up to two additional deer,
pursuant to regulations promulgated by the department, and (4) an eligi-
ble non-ambulatory person, pursuant to subdivision 2 of section  11-0931

S. 2608--C                         34

of this article may take a deer of either sex in any wildlife management
unit  area where deer management permits have been issued by the depart-
ment, while in possession of a valid license which authorizes the holder
to  hunt  big game. Nothing contained in this section shall be construed
to limit the power of the department to designate by regulation an  area
or  areas  of the state consisting of a county or part of a county where
such season shall apply and whether the number of such  special  permits
shall be limited.
  d.  (1) A person who holds licenses or [stamps] PRIVILEGES authorizing
the holder to hunt deer during a special archery season and the  regular
open  season  and  who  has taken a deer by longbow in a special archery
season and who has not taken a deer in a regular  open  season  may,  in
addition  to  the limit of one deer in a license year otherwise applica-
ble, take during the same license year additional deer as  specified  by
department regulation in a special archery season following the close of
the regular open deer season.
  (2) A person who holds licenses or [stamps] PRIVILEGES authorizing the
holder to hunt deer during a special archery season and the regular open
season  and  who  has taken a deer by longbow in the regular open season
for deer in Westchester or Suffolk counties  may,  in  addition  to  the
limit  of  one  deer in a license year otherwise applicable, take during
the same license year additional deer as specified by  department  regu-
lation  during  such  Westchester  or  Suffolk  county regular open deer
season.
  e. A person who holds licenses or [stamps] PRIVILEGES authorizing  the
holder to hunt deer during a special muzzle-loading season and the regu-
lar  open season and who has taken a deer by muzzle-loading firearm in a
muzzle-loading season and who has not taken a deer  in  a  regular  open
season  may,  in  addition  to  the  limit of one deer in a license year
otherwise applicable, take during the same year additional deer as spec-
ified by  department  regulation  in  a  special  muzzle-loading  season
following the close of the regular deer season.
  S  7.  Paragraph c of subdivision 1 of section 11-0907 of the environ-
mental conservation law, as amended by section 39 of part F  of  chapter
82 of the laws of 2002, is amended to read as follows:
  c.  The  limit  for  wild  deer  and bear is one deer and one bear per
person in a license year except that (1) a person entitled  to  exercise
the  privileges of a special antlerless deer license may take an antler-
less deer while hunting pursuant to such  license  in  addition  to  the
limit  of  one deer in a license year otherwise applicable, (2) a person
who is a member of a hunting group holding a deer management  permit  or
permits  issued  pursuant  to  section  11-0913 of this article may take
additional deer while hunting in accordance with the conditions  of  the
permit  or  permits,  (3)  the holder of a bowhunting license or [stamp]
PRIVILEGE or a muzzle-loading license or [stamp] PRIVILEGE may  take  up
to  two  additional  deer,  pursuant  to  regulations promulgated by the
department, and (4)  an  eligible  non-ambulatory  person,  pursuant  to
subdivision  2  of  section  11-0931  of this article may take a deer of
either sex in any wildlife management unit area  where  deer  management
permits  have  been  issued  by the department, while in possession of a
valid license which authorizes the holder  to  hunt  big  game.  Nothing
contained  in  this section shall be construed to limit the power of the
department to designate by regulation an area  or  areas  of  the  state
consisting of a county or part of a county where such season shall apply
and whether the number of such special permits shall be limited.

S. 2608--C                         35

  S  8.  Paragraph a of subdivision 3 of section 11-0907 of the environ-
mental conservation law, as amended by section 41 of part F  of  chapter
82 of the laws of 2002, is amended to read as follows:
  a.  In  every  area identified in column one of the table set forth in
subdivision 2 of this section, except Westchester and  Suffolk  Counties
in  which  a  regular  open season for taking deer by firearms is estab-
lished and effective, a special open season is  established  for  taking
deer of either sex, by the use of a long bow only by holders of a [small
and  big  game, sportsman, or free sportsman] HUNTING license [to which]
WITH a valid bowhunting [stamp is affixed or  to  holders  of  a  junior
archery,  resident  or  non-resident  super-sportsman,  or  non-resident
bowhunting license] PRIVILEGE.
  S 9.  Paragraph a of subdivision 3 of section 11-0907 of the  environ-
mental  conservation  law, as amended by section 42 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
  a. In every area identified in column one of the table  set  forth  in
subdivision  2  of this section, except Westchester and Suffolk Counties
in which a regular open season for taking deer  by  firearms  is  estab-
lished  and  effective,  a special open season is established for taking
deer of either sex, and bear, by the use of a long bow only  by  holders
of  a [small and big game, sportsman, or free sportsman] HUNTING license
[to which] WITH a valid bowhunting [stamp is affixed or to holders of  a
junior  archery,  resident or non-resident super-sportsman, or non-resi-
dent bowhunting license] PRIVILEGE.
  S 10.  Paragraph a of subdivision 8 of section 11-0907 of the environ-
mental conservation law, as amended by section 45 of part F  of  chapter
82 of the laws of 2002, is amended to read as follows:
  a.  In  every  area identified in column one of the table set forth in
subdivision 2 of this section, except those areas restricted to  special
seasons  for  taking  deer  by longbow only, special open seasons may be
established by regulation for taking deer and/or bear,  by  the  use  of
muzzle-loading  firearms, of not less than .44 caliber shooting a single
projectile, by the holders of a [small and big game, sportsman  or  free
sportsman] HUNTING license [to which] WITH a valid muzzle-loading [stamp
is  affixed or to holders of a resident or non-resident super-sportsman,
or non-resident muzzle-loading license] PRIVILEGE.
  S 11. Subdivision 7 of section 11-0913 of the environmental  conserva-
tion  law,  as amended by section 6 of part KK of chapter 59 of the laws
of 2009, is amended to read as follows:
  7. The department shall charge and receive a fee of  ten  dollars  for
the application and the processing of such permit or permits. Applicants
who  are  successful  in  the  computerized  selection shall receive the
permit or permits free of any additional  charge.  The  application  fee
shall  be  non-refundable.  The department may waive the application fee
for holders of a lifetime  sportsman  license  existing  as  of  October
first,  two  thousand  nine[,  junior  archery  license, resident super-
sportsman license, or junior hunting license] AND HOLDERS OF  A  HUNTING
LICENSE LESS THAN SIXTEEN YEARS OF AGE.
  S  12.  Subdivisions  4  and 5 of section 11-0929 of the environmental
conservation law are REPEALED, and subdivisions 1 and 2, as  amended  by
chapter 344 of the laws of 2008, are amended to read as follows:
  1. A licensee who is twelve or thirteen years of age shall not:
  A. hunt wildlife with a gun or a longbow, OTHER THAN DEER OR BEAR WITH
A  LONGBOW  AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, unless he or
she is accompanied by his or her parent  or  legal  guardian,  or  by  a
person  twenty-one years of age or older designated in writing by his or

S. 2608--C                         36

her parent or legal guardian on a form prescribed by the department, who
holds a license which authorizes the holder to hunt wildlife[.];
  B. HUNT DEER OR BEAR WITH A LONGBOW UNLESS:
  (1)  HE  OR SHE IS ACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN,
OR BY A PERSON DESIGNATED IN WRITING BY HIS OR HER PARENT OR LEGAL GUAR-
DIAN ON A FORM PRESCRIBED BY THE DEPARTMENT WHO IS TWENTY-ONE  YEARS  OF
AGE OR OLDER, AND
  (2)  SUCH  PARENT,  GUARDIAN OR PERSON HAS HAD AT LEAST THREE YEARS OF
EXPERIENCE IN HUNTING DEER OR BEAR WITH A LONGBOW, AND
  (3) SUCH PARENT, GUARDIAN OR PERSON HOLDS A HUNTING LICENSE, AND
  (4) SUCH PARENT, GUARDIAN OR PERSON MAINTAINS  PHYSICAL  CONTROL  OVER
THE  MINOR HE OR SHE IS ACCOMPANYING AT ALL TIMES WHILE HUNTING. FOR THE
PURPOSES OF THIS PARAGRAPH "PHYSICAL CONTROL" SHALL MEAN THAT THE  PHYS-
ICAL  PROXIMITY  OF  THE MINOR TO THE PARENT, GUARDIAN OR PERSON IS SUCH
THAT THE PARENT, GUARDIAN OR PERSON IS REASONABLY ABLE TO  ISSUE  VERBAL
DIRECTIONS  AND  INSTRUCTIONS,  MAINTAIN  CONSTANT  VISUAL  CONTACT, AND
OTHERWISE PROVIDE GUIDANCE AND SUPERVISION TO THE MINOR.
  2. A licensee who is fourteen or fifteen years of age shall not:
  a. hunt wildlife with a gun or longbow, other than wild deer  or  bear
as provided in paragraph b OR C of this subdivision, unless he or she is
accompanied  by  his  or  her parent or legal guardian holding a license
which authorizes the holder to hunt wildlife, or by  a  person  eighteen
years  of  age  or  older, designated in writing by his or her parent or
legal guardian, holding such license;
  b. hunt wild deer or bear with a gun unless:
  (1) he or she is accompanied by his or her parent or a legal guardian,
or a youth mentor who is twenty-one years of age or older designated  in
writing  by  the  parent  or  legal  guardian  of the licensee on a form
prescribed by the department; and
  (2) such parent, guardian or youth mentor has had at least three years
of experience in hunting big game; and
  (3) such parent, guardian  or  youth  mentor  holds  a  license  which
authorizes the holder to hunt big game; and
  (4)  such  parent, guardian or youth mentor maintains physical control
over the minor he or she is accompanying at all times while hunting; and
  (5) such parent, guardian or youth mentor and the minor he or  she  is
accompanying remain at ground level at all times while hunting; and
  (6)  such  parent, guardian or youth mentor and the minor he or she is
accompanying shall each display either a minimum total  of  two  hundred
fifty square inches of solid fluorescent orange or patterned fluorescent
orange consisting of no less than fifty percent fluorescent orange mate-
rial  worn  above the waist and visible from all directions, or a hat or
cap with no less than fifty percent of the exterior consisting of  solid
fluorescent  orange  material  and  visible  from  all  directions.  For
purposes of this paragraph, "physical control" shall mean that the phys-
ical proximity of the minor to the parent, guardian or youth  mentor  is
such  that  the  parent,  guardian or youth mentor is reasonably able to
issue verbal  directions  and  instructions,  maintain  constant  visual
contact, and otherwise provide guidance and supervision to the minor.
  C. HUNT DEER OR BEAR WITH A LONGBOW UNLESS HE OR SHE IS ACCOMPANIED BY
HIS  OR HER PARENT OR LEGAL GUARDIAN, OR BY A PERSON DESIGNATED IN WRIT-
ING BY HIS OR HER PARENT OR LEGAL GUARDIAN ON A FORM PRESCRIBED  BY  THE
DEPARTMENT  WHO  IS  EIGHTEEN  YEARS  OF AGE OR OLDER AND WHO HAS HAD AT
LEAST ONE YEAR OF EXPERIENCE IN HUNTING DEER OR  BEAR  BY  LONGBOW,  AND
SUCH  ACCOMPANYING  PARENT,  GUARDIAN  OR  PERSON  HOLDS A LICENSE WHICH

S. 2608--C                         37

AUTHORIZES THE HOLDER TO HUNT BIG GAME DURING THE SPECIAL ARCHERY SEASON
AND THE REGULAR OPEN SEASON.
  S  13. Subdivision 1 of section 13-0355 of the environmental conserva-
tion law, as amended by section 1 of part AA of chapter 60 of  the  laws
of 2011, is amended to read as follows:
  1.  Definitions  of  registrations;  privileges. A recreational marine
fishing registration entitles the holder who is sixteen years of age  or
older  to  take  fish from the waters of the marine and coastal district
and to take migratory fish of the sea from  all  waters  of  the  state,
except  as  provided  in  sections  13-0333 and 13-0335 of this title. A
recreational marine fishing registration is effective for  [a  registra-
tion  year beginning January first and ending December thirty-first] ONE
YEAR FROM THE DATE IT WAS ISSUED.
  S 14. Section 9 of part AA of chapter 60 of the laws of 2011, amending
the environmental conservation law relating  to  saltwater  recreational
fishing registrations, is amended to read as follows:
  S  9.  This act shall take effect immediately [and shall expire and be
deemed repealed December 31, 2013].
  S 15. Subdivisions 1 and 2 of section  11-0702  of  the  environmental
conservation  law,  subdivision  1 as amended by section 2 of part AA of
chapter 60 of the laws of 2011 and subdivision 2 as amended  by  section
18  of  part F of chapter 82 of the laws of 2002, are amended to read as
follows:
  1. There are hereby created the following lifetime  hunting,  fishing,
trapping,  archery and muzzle-loading licenses and fees therefor subject
to the same privileges  and  obligations  of  a  comparable  short  term
license:

             Licenses                               Fees
      a. Lifetime [sportsman] HUNTING
     license, FISHING LICENSE and turkey
     permit. If purchased,
     for a  child four years
     of age or younger                              $380.00

      for a child age five through
     eleven years of age                            $535.00

      for a person age twelve through
     sixty-nine years of age                        $765.00

      for a person age seventy
      and over.                                     $65.00

      b. Lifetime [small and
     big game] HUNTING license.                     $535.00

      c. Lifetime fishing
     license for a person age
     sixty-nine or younger.                         $460.00

      d. Lifetime fishing license
     for a person age seventy
     and over.                                      $ 65.00

S. 2608--C                         38

      e. Lifetime trapping
     license.                                       $395.00

      f. Lifetime archery
     [stamp] PRIVILEGE.                             $235.00

      g. Lifetime muzzle-
     loading [stamp] PRIVILEGE.                     $235.00

     j. For transfer to a person pursuant
     to section 11-0704 of this title                $50.00

  The  holder  of  a lifetime [small and big game] HUNTING license [or],
LIFETIME fishing license, OR LIFETIME TRAPPING LICENSE may, at any time,
convert such license to  a  lifetime  [sportsman]  license  [and  turkey
permit]  PURSUANT  TO  PARAGRAPH A OF THIS SUBDIVISION for an additional
fee equal to the [existing differential] DIFFERENCE BETWEEN THE  CURRENT
FEE FOR THE NEW LICENSE AND THE FEE ORIGINALLY PAID FOR THE LICENSE.
  2.  Legal  residency within the state of New York shall be a prerequi-
site for persons to obtain, or have  obtained  for  them,  any  lifetime
licenses  included  within  this  section. Lifetime licenses so obtained
shall continue to be valid for use within the state  by  the  person  to
whom the lifetime license was issued, regardless of a change in residen-
cy  of  that lifetime license holder. Holders of lifetime licenses which
include lifetime [big game] HUNTING privileges who become  non-residents
of the state may continue to obtain resident bowhunting and muzzle-load-
ing  [stamps]  PRIVILEGES, including lifetime archery and muzzle-loading
[stamps] PRIVILEGES.   Holders  of  lifetime  [licenses  which  include]
bowhunting and muzzle-loading privileges who become non-residents of the
state  may  continue  to  obtain resident [big game] HUNTING privileges,
including A lifetime [sportsman or small and big game licenses]  LICENSE
WITH HUNTING PRIVILEGES.  [An annual turkey permit will be granted at no
additional  fee  as  an  additional  privilege  of all existing lifetime
sportsman licenses.] Possession of lifetime licenses is nontransferable.
  S 16. The section heading of  section  11-0707  of  the  environmental
conservation law is amended to read as follows:
Exemptions from requirement of hunting, [big game,] fishing and trapping
             licenses.
  S  17. Subdivision 5 of section 11-1911 of the environmental conserva-
tion law, as amended by chapter 57 of the laws of 1993,  is  amended  to
read as follows:
  5.  The holder of a fishing, [three] ONE-day or [five] SEVEN-day fish-
ing, [combination] OR A  free  [hunting-big  game  hunting-]fishing  [or
combined  resident  hunting,  fishing  and  big game license or combined
non-resident hunting, fishing, big game, bowhunting and  muzzle-loading]
license,  or  a  person  entitled  to  exercise the privileges of such a
license, may, with the permission of the licensee, take fish by  angling
from  the licensed pond provided the holder complies with the provisions
of title 13 of the Fish and Wildlife Law, with respect to open  seasons,
minimum size limits and daily and seasonal possession limits.
  S  18. Subdivision 8 of section 71-0921 of the environmental conserva-
tion law, as amended by chapter 595 of the laws of 1984, is  amended  to
read as follows:
  8.  Making a false statement in applying for a license, [stamp] PRIVI-
LEGE or permit under the Fish and Wildlife Law, or for a certificate  in
lieu  of  a  lost license or [stamp] PRIVILEGE or a duplicate [big game]

S. 2608--C                         39

HUNTING license tag under title 7 of article 11 of  this  chapter.  Each
such  misdemeanor  shall be punishable by imprisonment for not more than
three months, or by a fine of not more than two hundred dollars,  or  by
both  such  imprisonment and fine. In addition, the department may imme-
diately revoke the license, [stamp] PRIVILEGE, permit or certificate for
which application was made for the remainder of its effective term.
  S 19. This act shall take effect February 1, 2014; provided,  however,
that  the  amendments to paragraph c of subdivision 1 of section 11-0907
of the environmental conservation law made by section six  of  this  act
and the amendments to paragraph a of subdivision 3 of section 11-0907 of
the  environmental  conservation  law  made by section eight of this act
shall not affect the expiration of such paragraphs pursuant  to  section
13  of  chapter 600 of the laws of 1993, as amended, when upon such date
sections seven and nine of this act shall take effect, provided further,
that the amendments to section 9 of part AA of chapter 60 of the laws of
2011 made by section fourteen of this act shall take effect immediately.

                                 PART S

  Section 1.  Section 1854 of the public authorities law is  amended  by
adding a new subdivision 20 to read as follows:
  20. TO ADMINISTER A PROGRAM, USING FUNDS PROVIDED FOR SUCH PURPOSE, TO
PROVIDE  A  GRANT  FOR COSTS REQUIRED TO: (A) PREWIRE AN EXISTING RETAIL
OUTLET THAT DISPENSES MOTOR FUEL FOR SALE TO THE GENERAL PUBLIC WITH  AN
APPROPRIATE  TRANSFER  SWITCH  FOR  USING  AN  ALTERNATE GENERATED POWER
SOURCE CAPABLE OF PROVIDING ADEQUATE ELECTRICITY TO OPERATE ALL  DISPEN-
SERS,  DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT-ACCEPTANCE
EQUIPMENT AT SUCH RETAIL OUTLET; AND/OR (B) PURCHASE SUCH POWER  SOURCE.
THIS  GRANT PROGRAM SHALL BE CONTINGENT ON THE APPROVAL OF FEDERAL MITI-
GATION FUNDS FOR THE PROGRAM.
  S 2. This act shall take effect immediately.

                                 PART T

  Section 1. Subdivision 3  of  section  19-0323  of  the  environmental
conservation  law,  as  amended by section 1 of part EE of chapter 58 of
the laws of 2012, is amended to read as follows:
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
or on behalf of, or leased by a state  agency  and  state  and  regional
public  authority with more than half of its governing body appointed by
the governor shall utilize the best available  retrofit  technology  for
reducing  the  emission of pollutants. The commissioner shall promulgate
regulations for the implementation of this subdivision  specifying  that
all  vehicles  covered  by  this  subdivision  shall have best available
retrofit technology on or before December 31, [2013] 2015.
  This subdivision shall not apply to any vehicle subject to a lease  or
public  works  contract  entered  into or renewed prior to the effective
date of this section.
  S 2. This act shall take effect immediately.

                                 PART U

  Section 1. Section 509-d of the vehicle and traffic law is amended  by
adding a new subdivision 2-a to read as follows:
  (2-A)  INVESTIGATIONS  AND  INQUIRIES OF BUS DRIVERS OTHER THAN SCHOOL
BUS DRIVERS. (A) A MOTOR CARRIER SHALL REQUEST THE DEPARTMENT TO  INITI-

S. 2608--C                         40

ATE A CRIMINAL HISTORY CHECK FOR PERSONS HIRED OR RE-HIRED BY SUCH MOTOR
CARRIER ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION AS DRIVERS OF
BUSES,  AS  DEFINED IN PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE
OF SECTION FIVE HUNDRED NINE-A OF THIS ARTICLE, IN ACCORDANCE WITH REGU-
LATIONS  OF THE COMMISSIONER REQUIRING SUCH BUS DRIVERS TO SUBMIT TO THE
MANDATED FINGERPRINTING PROCEDURE. ADDITIONALLY, FOR DRIVERS  OF  BUSES,
AS  DEFINED  IN  PARAGRAPH  (B),  (C),  (D) OR (E) OF SUBDIVISION ONE OF
SECTION FIVE HUNDRED NINE-A OF THIS ARTICLE, IN THE EMPLOY  OF  A  MOTOR
CARRIER  ON  THE  EFFECTIVE  DATE OF THIS SUBDIVISION, THE MOTOR CARRIER
SHALL REQUEST ON OR BEFORE THE TIME OF ANY SUCH DRIVER'S  FIRST  RENEWAL
OF  LICENSE  PURSUANT  TO SUBDIVISION SIX OF SECTION FIVE HUNDRED TWO OF
THIS TITLE THAT THE DEPARTMENT INITIATE  A  CRIMINAL  HISTORY  CHECK  IN
ACCORDANCE  WITH  REGULATIONS  OF  THE COMMISSIONER.   THE DEPARTMENT OF
MOTOR VEHICLES AT THE REQUEST OF THE  MOTOR  CARRIER  SHALL  INITIATE  A
CRIMINAL  HISTORY CHECK OF ALL BUS DRIVERS HIRED OR RE-HIRED ON OR AFTER
THE EFFECTIVE DATE OF THIS SUBDIVISION AND ALL CURRENT BUS DRIVERS ON OR
BEFORE THE TIME OF THEIR FIRST RENEWAL  OF  LICENSE  BY  REQUIRING  SUCH
APPLICANTS TO SUBMIT TO THE MANDATED FINGERPRINTING PROCEDURE AS PART OF
THE  BUS  DRIVER  QUALIFICATION PROCEDURE. SUCH FINGERPRINTING PROCEDURE
AND THE RELATED FEE AS WELL AS A PROCEDURE FOR THE RETURN OF SUCH  FING-
ERPRINTS UPON APPLICATION OF A PERSON WHO HAS TERMINATED EMPLOYMENT AS A
BUS  DRIVER  SHALL  BE ESTABLISHED IN ACCORDANCE WITH REGULATIONS OF THE
COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES.  THE  FEE TO BE PAID BY OR ON BEHALF OF THE
APPLICANT OR BUS DRIVER SHALL BE NO MORE THAN FIVE DOLLARS OVER THE COST
TO THE COMMISSIONER FOR THE CRIMINAL HISTORY CHECK. NO CAUSE  OF  ACTION
AGAINST  THE  DEPARTMENT,  THE  DIVISION OF CRIMINAL JUSTICE SERVICES, A
MOTOR CARRIER OR  POLITICAL  SUBDIVISION  FOR  DAMAGES  RELATED  TO  THE
DISSEMINATION OF CRIMINAL HISTORY RECORDS PURSUANT TO THIS SECTION SHALL
EXIST  WHEN SUCH DEPARTMENT, DIVISION, MOTOR CARRIER OR POLITICAL SUBDI-
VISION HAS REASONABLY AND IN GOOD FAITH RELIED  UPON  THE  ACCURACY  AND
COMPLETENESS  OF  CRIMINAL HISTORY INFORMATION FURNISHED TO IT BY QUALI-
FIED AGENCIES.  FINGERPRINTS  SUBMITTED  TO  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  PURSUANT TO THIS SUBDIVISION MAY ALSO BE SUBMITTED TO
THE FEDERAL BUREAU OF INVESTIGATION  FOR  A  NATIONAL  CRIMINAL  HISTORY
RECORD  CHECK.    NOTWITHSTANDING  THE  FOREGOING, THE DEPARTMENT MAY BY
REGULATION ESTABLISH GUIDELINES AND PROCEDURES FOR EXEMPTING BUS DRIVERS
WHO HAVE ALREADY BEEN SUBJECTED TO A CRIMINAL HISTORY CHECK AT THE  TIME
OF HIRE BY A MOTOR CARRIER.
  (B)  AFTER  A  MOTOR CARRIER HAS COMPLETED THE PROCEDURES SET FORTH IN
PARAGRAPH (A) THIS OF SUBDIVISION, IT SHALL DESIGNATE EACH NEW BUS DRIV-
ER AS A CONDITIONAL BUS DRIVER AS DEFINED IN SECTION FIVE HUNDRED NINE-H
OF THIS ARTICLE, UNTIL THE CARRIER IS IN RECEIPT OF INFORMATION  OF  THE
NEW  BUS  DRIVER'S  QUALIFICATION  FROM  THE DEPARTMENT AND THE REQUIRED
DRIVING RECORDS FROM EACH APPROPRIATE STATE AGENCY. IF  THE  INFORMATION
RECEIVED  INDICATES  THAT THERE IS A PENDING CRIMINAL OFFENSE OR DRIVING
VIOLATION THAT WOULD REQUIRE DISQUALIFICATION OF A BUS DRIVER UNDER THIS
ARTICLE, THE MOTOR  CARRIER  SHALL  REQUIRE  THE  APPLICANT  TO  PROVIDE
DOCUMENTATION EVIDENCING THE DISPOSITION OF SUCH OFFENSE OR VIOLATION IN
ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE COMMISSIONER. THE DEPART-
MENT,  UPON NOTICE OF DISQUALIFICATION TO AN APPLICANT, SHALL INCLUDE IN
SUCH NOTICE INFORMATION REGARDING THE APPLICANT'S RIGHT  TO  APPEAL  AND
CONTEST  ANY CLAIMED GROUND FOR DISQUALIFICATION. SUCH NOTICE SHALL ALSO
ADVISE THE APPLICANT OF HIS OR HER RIGHT TO OBTAIN, EXAMINE, INSPECT AND
COPY ANY INFORMATION USED BY THE DEPARTMENT IN SUPPORT OF  ITS  DETERMI-
NATION  OF  DISQUALIFICATION.  IN  THE  EVENT THE APPLICANT CONTESTS THE

S. 2608--C                         41

EXISTENCE OF A CRIMINAL CONVICTION IN HIS OR HER  NAME,  SUCH  APPLICANT
MAY  PROVIDE DOCUMENTATION EVIDENCING THE DISPOSITION OF SUCH OFFENSE OR
VIOLATION IN ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE  COMMISSION-
ER.
  S 2. Section 509-h of the vehicle and traffic law, as amended by chap-
ter 675 of the laws of 1985, is amended to read as follows:
  S  509-h. Operation by person not [licensed] QUALIFIED to drive a bus.
The motor carrier shall not knowingly permit any person to operate a bus
carrying passengers unless the driver meets all of the  requirements  of
this  article;  except that a motor carrier may permit a conditional BUS
DRIVER OR CONDITIONAL school bus driver who is not  otherwise  disquali-
fied  under the provisions of this article to operate a bus for a period
not to exceed ninety days or a longer period if granted a written exten-
sion of such ninety day period by the department pursuant to regulations
established by the commissioner. Such regulation shall authorize  exten-
sion  for  at  least that period of time necessary to review information
regarding the prior criminal history of the applicant.
  S 3. The vehicle and traffic law is amended by adding  a  new  section
509-hh to read as follows:
  S  509-HH. DUTY OF CERTAIN MOTOR CARRIERS TO SUPPLY IDENTIFYING INFOR-
MATION AND BUS REGISTRATION INFORMATION TO THE DEPARTMENT;  REQUIREMENTS
REGARDING  CERTAIN  BUS  REGISTRATIONS  AND  REGISTRATIONS. 1. EXCEPT AS
OTHERWISE PROVIDED IN THIS SUBDIVISION, EVERY MOTOR CARRIER MUST PROVIDE
TO THE DEPARTMENT IDENTIFYING INFORMATION AND BUS REGISTRATION  INFORMA-
TION  ON  A  FORM  OR FORMS PREPARED AND FURNISHED BY THE DEPARTMENT FOR
THAT PURPOSE. IDENTIFYING INFORMATION SHALL INCLUDE, BUT  SHALL  NOT  BE
LIMITED  TO,  INFORMATION REGARDING: THE BUSINESS NAME, OWNERSHIP, BUSI-
NESS ADDRESS, AND FEDERAL OR STATE IDENTIFICATION NUMBERS OF  THE  MOTOR
CARRIER.  BUS  REGISTRATION  INFORMATION SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO, INFORMATION REASONABLY REQUIRED BY THE DEPARTMENT IN  CARRY-
ING  OUT  ITS  DUTIES  UNDER  THIS ARTICLE REGARDING THE REGISTRATION OF
BUSES OWNED, LEASED, RENTED, OR OTHERWISE CONTROLLED BY THE MOTOR CARRI-
ER.   IDENTIFYING INFORMATION  AND  BUS  REGISTRATION  INFORMATION  MUST
CONTAIN  OR  BE  ACCOMPANIED  BY SUCH SUPPORTING DOCUMENTATION AS MAY BE
REQUESTED OR REQUIRED BY THE DEPARTMENT. A MOTOR CARRIER MUST NOTIFY THE
DEPARTMENT IN WRITING OF ANY CHANGE IN ANY INFORMATION PROVIDED  BY  THE
MOTOR CARRIER TO THE DEPARTMENT PURSUANT TO THIS SECTION WITHIN TEN DAYS
OF THE CHANGE.
  2.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS ARTICLE, ON AND AFTER
THE EFFECTIVE DATE OF THIS SECTION, ANY MOTOR CARRIER  SUBJECT  TO  THIS
SECTION  REGISTERING  OR  RE-REGISTERING  A BUS UNDER THIS ARTICLE SHALL
REGISTER OR RE-REGISTER THE BUS ONLY IN THE SAME BUSINESS NAME THAT  THE
CARRIER  PROVIDES  TO  THE  DEPARTMENT  UNDER  SUBDIVISION  ONE  OF THIS
SECTION.
  3. FOR PURPOSES OF THIS SECTION, THE TERM "MOTOR  CARRIER"  SHALL  NOT
INCLUDE  (A)  A  STATE,  LOCAL, INTERSTATE OR INTERNATIONAL AUTHORITY AS
DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW, OR  (B)  A  SCHOOL
DISTRICT  AS DEFINED IN SECTION NINETEEN HUNDRED EIGHTY OF THE EDUCATION
LAW.
  S 4. Subdivision 5 of section 509-m of the vehicle and traffic law, as
added by chapter 675 of the laws of 1985, is amended to read as follows:
  5. Upon receipt of the criminal history record report  of  [a  school]
ANY  bus  driver,  notify  the  motor  carrier of disqualification of an
applicant or [school] bus driver which would or  could  disqualify  such
driver  under  the  provisions  of  section  FIVE HUNDRED NINE-C OR five
hundred nine-cc of this article. Notification to the  carrier  shall  be

S. 2608--C                         42

without specification of the grounds for disqualification, those grounds
to  be  made  available  only  to  the [school] bus driver or his or her
representative.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART V

  Section 1. Subdivision 13 of section 401 of the  vehicle  and  traffic
law,  as  amended by chapter 203 of the laws of 2002, is amended to read
as follows:
  13. Registration of motor vehicles, trailers and semitrailers operated
upon public highways connecting portions of a farm or  farms,  municipal
sanitary  landfills and licensed motor vehicle repair shops. Motor vehi-
cles, other than motor vehicles manufactured and equipped primarily  for
the transportation of passengers, trailers and semitrailers, to be oper-
ated  by  any person, upon a public highway for the purpose of traveling
by the most direct route, but in no event further than twenty-five miles
one-way from a point on the farm as designated by the vehicle owner [and
set forth in an attachment to the  vehicle  registration],  (a)  between
fields,  buildings,  and  facilities  managed  or  operated as part of a
single farm enterprise in connection with  the  production,  harvesting,
processing  or  marketing on that farm of crops, livestock, or livestock
products produced on that farm; or (b) for the purpose  of  transporting
materials  from a farm to the nearest available municipal sanitary land-
fill; or (c) for the purpose of transporting the motor vehicle,  trailer
or  semitrailer to a motor vehicle repair shop licensed pursuant to this
chapter for the repair or adjustment  of  equipment  provided  that,  in
addition  to  the  route  restrictions set forth in this subdivision, no
such transport shall be authorized (i) if such vehicle  has  an  out-of-
service  defect  relating  to  load  securement, brake systems, steering
components and/or coupling devices, or after it has been placed  out-of-
service; (ii) on any limited access highway; and (iii) during the period
of  one  hour before sunset to one hour after sunrise, may be registered
as provided in this subdivision. Every owner of such vehicles may  cause
to  be  filed  by  mail  or otherwise, with the commissioner or with any
agent of the commissioner, an application for registration of such vehi-
cle, addressed to the commissioner, and on a blank to  be  furnished  by
the  commissioner  for that purpose, containing the information required
by subdivision one of this section and such  other  information  as  the
commissioner  shall  require.  The commissioner or agent shall make such
investigation, as he or she shall determine necessary, and if  satisfied
that  the  vehicle  is  to  be  operated exclusively as provided in this
subdivision shall, upon the payment of a fee of one  dollar,  assign  to
such vehicle a distinctive number and issue and deliver to the applicant
a set of number plates and a certificate of registration in such form as
the  commissioner  shall  prescribe,  indicating the extent to which the
vehicle registered may be operated on the public highways and such vehi-
cle may be operated only as so  indicated.  For  the  purposes  of  this
subdivision,  the  terms  "farm"  and  "crops,  livestock  or  livestock
products," shall have the same meaning as  "land  used  in  agricultural
production" and "crops, livestock and livestock products," respectively,
as  defined  in section three hundred one of the agriculture and markets
law, except that farmers with an average gross sales value of  at  least
one  thousand  dollars  per  year  of  crops,  livestock,  and livestock

S. 2608--C                         43

products shall be eligible to register vehicles pursuant to this  subdi-
vision.
  S 2. This act shall take effect immediately.

                                 PART W

  Section  1.  Subdivision  5 of section 1630 of the vehicle and traffic
law, as amended by chapter 563 of the laws of 2002, is amended  to  read
as follows:
  5. Establishment of maximum and minimum speed limits at which vehicles
may proceed on or along such highways. No such maximum speed limit shall
be  established  at  less  than  twenty-five miles per hour, except that
school speed limits may be established at not less  than  fifteen  miles
per hour, for a distance not to exceed one thousand three hundred twenty
feet,  on  a  highway  passing  a school building, entrance or exit of a
school abutting on the highway, and except that, with respect to  bridge
and  elevated  structures  that  are a part of any such highway, a lower
maximum speed limit may be established if it  is  determined  that  such
lower  maximum speed limit is the maximum speed limit which may be main-
tained without structural damage to such bridge or structure, and except
that, with respect to any highway under the jurisdiction of  the  office
of  parks, recreation and historic preservation, other than a parkway as
defined in subdivision seventeen of section 1.03 of  the  parks,  recre-
ation  and  historic preservation law, the department of agriculture and
markets, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, or the industrial
exhibit authority, a maximum speed limit of not less than ten miles  per
hour may be established on any portion thereof, if it is determined that
such  lower maximum speed limit is necessary to assure the safety of the
public, and except that, with respect to any highway having toll plazas,
a maximum speed limit of not less than five miles per hour may be estab-
lished for passage through such toll plazas.
  S 2. This act shall take effect immediately.

                                 PART X

  Section 1. The transportation law is amended by adding a  new  section
23 to read as follows:
  S  23.  SIGN  PROPERTY LICENSING; CERTAIN CITIES.   1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL MEAN:
  (A) "CITY" MEANS A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (B) "MAINTAIN" MEANS THE UTILIZATION OF A SIGN  PROPERTY  WHICH  SHALL
INCLUDE  BUT NOT BE LIMITED TO THE INSTALLATION, MAINTENANCE AND REMOVAL
OF ANY ADVERTISING COPY ON A SIGN PROPERTY.
  (C) "SIGN PROPERTY" MEANS AND INCLUDES BILLBOARDS,  BULLETINS,  WALLS-
CAPES, OR ANY OTHER LARGE FORMAT STATIC OR DIGITAL SIGN.
  2. NO PERSON OR ENTITY SHALL MAINTAIN A SIGN PROPERTY IN A CITY UNLESS
THE  DEPARTMENT  HAS  ISSUED  A PERMIT TO THAT PERSON OR ENTITY FOR EACH
SUCH PROPERTY MAINTAINED. FURTHERMORE, THE MAINTENANCE OF A SIGN PROPER-
TY IN A CITY SHALL ONLY BE AUTHORIZED DURING  THE  TERM  OF  THE  PERMIT
ISSUED THEREFOR.  NO CITY SHALL IMPOSE ANY ADDITIONAL LICENSING REQUIRE-
MENT FOR OR RESTRICTIONS UPON SIGN PROPERTIES OTHER THAN THOSE CONTAINED
IN  THIS  SECTION,  AND THE PROVISIONS OF THIS SECTION SHALL PREEMPT AND
SUPERSEDE ANY LOCAL LAW, CODE OR ORDINANCE.
  3. A PERMIT MAY BE ISSUED FOR A SIGN PROPERTY UPON THE APPLICATION  OF
A PERSON OR ENTITY SUBMITTED TO THE DEPARTMENT. THE APPLICATION SHALL BE
IN SUCH FORM AND INCLUDE SUCH INFORMATION AS THE DEPARTMENT SHALL DETER-

S. 2608--C                         44

MINE.    IN  ADDITION, EACH SUCH APPLICATION SHALL BE SUBMITTED WITH THE
APPROPRIATE ANNUAL LICENSING FEE AS FOLLOWS:
  (A) FOR STATIC SIGN FACES:
  (I)  WITH  A SURFACE AREA OF LESS THAN TWO HUNDRED TWENTY SQUARE FEET:
THREE DOLLARS AND FIFTY CENTS PER SQUARE FOOT OF SURFACE AREA;
  (II) WITH A SURFACE AREA OF TWO HUNDRED TWENTY OR  MORE  SQUARE  FEET,
BUT  LESS  THAN  SIX HUNDRED SEVENTY-TWO SQUARE FEET:  THREE DOLLARS AND
SEVENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE AREA;
  (III) WITH A SURFACE AREA OF SIX HUNDRED SEVENTY-TWO  OR  MORE  SQUARE
FEET,  BUT  NOT  MORE  THAN  ONE  THOUSAND ONE HUNDRED SQUARE FEET: FOUR
DOLLARS PER SQUARE FOOT OF SURFACE AREA;
  (IV) WITH A SURFACE AREA OF MORE THAN ONE THOUSAND ONE HUNDRED  SQUARE
FEET:  FOUR  DOLLARS  AND  TWENTY-FIVE  CENTS PER SQUARE FOOT OF SURFACE
AREA; OR
  (B) FOR DIGITAL SIGN FACES: EIGHT DOLLARS AND FIFTY CENTS  PER  SQUARE
FOOT OF SURFACE AREA; AND
  (C) AN ADDITIONAL FEE OF ONE HUNDRED DOLLARS FOR EACH LATE APPLICATION
FOR A PERMIT OR RENEWAL THEREOF, IF ACCEPTED BY THE DEPARTMENT.
  4.  UPON RECEIPT OF AN APPLICATION AND THE APPROPRIATE FEE PURSUANT TO
THIS SECTION, THE DEPARTMENT SHALL MARK SUCH APPLICATION WITH  THE  DATE
AND  TIME  THE  APPLICATION  WAS  RECEIVED.  THE DEPARTMENT SHALL MAKE A
DETERMINATION OF WHETHER TO APPROVE OR DENY EACH APPLICATION WITHIN  ONE
HUNDRED  EIGHTY  DAYS  OF  THE  RECEIPT THEREOF. ANY DETERMINATION WHICH
EXCEEDS SUCH PERIOD OF TIME SHALL BE DEEMED AN APPROVAL.
  5. IN THE EVENT OF THE LOSS, MUTILATION OR DESTRUCTION  OF  A  PERMIT,
UPON  THE  FILING OF A STATEMENT OF THE HOLDER OF SUCH LICENSE, PROOF OF
SUCH FACTS AS THE DEPARTMENT MAY REQUIRE AND A FEE OF FIFTY DOLLARS, THE
DEPARTMENT SHALL ISSUE A DUPLICATE OR SUBSTITUTE LICENSE.
  6. ANY PERSON OR ENTITY THAT  MAINTAINS  A  SIGN  PROPERTY  WHICH  WAS
ERECTED  PRIOR  TO  THE  EFFECTIVE  DATE OF THIS SECTION PURSUANT TO ANY
ACCESSORY USE SIGN PERMIT, BUSINESS USE SIGN  PERMIT,  ADVERTISING  SIGN
PERMIT OR ANY OTHER SIGN PERMIT ISSUED BY THE DEPARTMENT OF BUILDINGS OF
A  CITY,  SHALL  BE ENTITLED TO THE ISSUANCE OF A PERMIT FOR THE MAINTE-
NANCE OF A SIGN (WITH THE SAME SQUARE FOOTAGE AS THAT  OF  THE  ORIGINAL
PERMIT)  PURSUANT  TO THIS SECTION FOR SUCH SIGN PROPERTY AS A MATTER OF
RIGHT AND RENEWALS THEREOF IN ACCORDANCE WITH THIS SECTION. SUCH  PERMIT
SHALL  ENTITLE THE PERMIT HOLDER TO MAINTAIN THE SIGN PROPERTY AND SHALL
NOT RESTRICT THE TYPE OF ADVERTISING COPY THAT CAN BE PLACED  UPON  SUCH
SIGN  PROPERTY. FURTHERMORE, DURING THE PENDENCY OF THE DETERMINATION BY
THE DEPARTMENT UPON AN APPLICATION FOR A PERMIT RELATING TO A SIGN PROP-
ERTY IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE  SIGN
PERSON  OR ENTITY MAINTAINING SUCH SIGN PROPERTY SHALL CONTINUE TO MAIN-
TAIN THE SIGN PROPERTY.
  S 2. This act shall be deemed repealed if any  federal  agency  defin-
itively  concludes  that  this  act  would  render New York State or any
public authority ineligible for the receipt of federal funds.
  S 3. This act shall take effect immediately; provided that the depart-
ment of  transportation  shall  notify  the  legislative  bill  drafting
commission  of  the date a determination is made as described in section
two of this act in order that the commission may  maintain  an  accurate
and  timely  effective 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 offi-
cers law.

                                 PART Y

S. 2608--C                         45

  Section 1. Paragraphs (b) and (c) of subdivision 1 of section 1193  of
the  vehicle  and  traffic law, as amended by chapter 496 of the laws of
2009, are amended to read as follows:
  (b)  Driving  while  intoxicated or while ability impaired by drugs or
while ability impaired by the combined influence of drugs or of  alcohol
and any drug or drugs; aggravated driving while intoxicated; misdemeanor
offenses.  (i)  A violation of subdivision two, three, four or four-a of
section eleven hundred ninety-two of this article shall be a misdemeanor
and shall be punishable by a fine of not less than five hundred  dollars
nor more than one thousand dollars, or by imprisonment in a penitentiary
or  county  jail  for  not  more than one year, or by both such fine and
imprisonment. A violation of  paragraph  (a)  of  subdivision  two-a  of
section eleven hundred ninety-two of this article shall be a misdemeanor
and  shall be punishable by a fine of not less than one thousand dollars
nor more than two thousand five hundred dollars or by imprisonment in  a
penitentiary  or county jail for not more than one year, or by both such
fine and imprisonment.
  (ii) In addition to the imposition of any fine or period of  imprison-
ment  set  forth  in  this paragraph, the court shall also sentence such
person convicted [of] OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation
of subdivision two, two-a [or], three OR PARAGRAPH  (B)  OF  SUBDIVISION
FOUR-A  of section eleven hundred ninety-two of this article to a period
of probation or conditional discharge, as a condition of which it  shall
order  such  person  NOT  TO OPERATE A MOTOR VEHICLE WITHOUT AN IGNITION
INTERLOCK DEVICE, NOT TO OPERATE A MOTOR VEHICLE WITH  A  BLOOD  ALCOHOL
CONCENTRATION ABOVE THE SETPOINT OF THE IGNITION INTERLOCK DEVICE AND to
install and maintain, in accordance with the provisions of section elev-
en hundred ninety-eight of this article, an ignition interlock device in
any  motor  vehicle TITLED, REGISTERED OR OTHERWISE owned or operated by
such person OR, IF SUCH PERSON DOES NOT OWN  A  MOTOR  VEHICLE,  IN  THE
VEHICLE  OPERATED BY SUCH PERSON AT THE TIME OF THE VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR IN AT  LEAST  ONE  VEHICLE
REGISTERED  TO SUCH PERSON'S HOUSEHOLD during the term of such probation
or conditional discharge imposed for such violation  of  section  eleven
hundred  ninety-two  of  this  article and in no event for less than six
months. THE PERIOD OF INTERLOCK RESTRICTION SHALL COMMENCE FROM THE DATE
OF SENTENCING OR, IN THE CASE OF A PLEA DISPOSITION, MAY  COMMENCE  FROM
THE  DATE  OF  INSTALLATION OF AN IGNITION INTERLOCK DEVICE AT A DATE IN
ADVANCE OF SENTENCING. THE IGNITION INTERLOCK DEVICE SHALL BE  INSTALLED
FOR NO LESS THAN SIX MONTHS, REGARDLESS OF THE COMMENCEMENT DATE. IN THE
EVENT  THAT  THE  COURT  MAKES  A  DETERMINATION  OF  GOOD CAUSE FOR NOT
INSTALLING AN IGNITION INTERLOCK DEVICE PURSUANT TO SUBDIVISION FOUR  OF
SECTION  ELEVEN  HUNDRED  NINETY-EIGHT OF THIS ARTICLE ON THE BASIS THAT
SUCH PERSON DOES NOT OWN AND WILL  NOT  OPERATE  A  MOTOR  VEHICLE,  THE
IGNITION INTERLOCK RESTRICTION SHALL REMAIN IN EFFECT FOR THE FULL PERI-
OD OF SUCH PERSON'S CONDITIONAL DISCHARGE OR PROBATION PURSUANT TO ARTI-
CLE SIXTY-FIVE OF THE PENAL LAW AND THE COURT SHALL SENTENCE SUCH PERSON
TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE FOR A PERIOD OF NOT LESS
THAN  SIX  MONTHS. UNDER NO CIRCUMSTANCES SHALL A CONDITIONAL LICENSE BE
ISSUED, OR A LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE BE  GRANTED
OR RESTORED UNTIL SUCH PERSON CAN DEMONSTRATE COMPLIANCE WITH EITHER THE
IGNITION  INTERLOCK OR TRANSDERMAL ALCOHOL MONITORING PROVISIONS OF THIS
SECTION PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED TEN OF THIS
CHAPTER. FOR THE PURPOSES OF OBTAINING A CONDITIONAL LICENSE WHILE UNDER
THE PERIOD OF  RESTRICTION,  SUCH  COMPLIANCE  CAN  BE  DEMONSTRATED  BY
PROVIDING  PROOF AT THE TIME OF APPLICATION FOR A CONDITIONAL LICENSE OF

S. 2608--C                         46

THE INSTALLATION OF AN IGNITION INTERLOCK DEVICE TO BE MONITORED  PURSU-
ANT  TO SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE FOR A PERIOD
OF NO LESS THAN THE FIRST SIX MONTHS AFTER THE  CONDITIONAL  LICENSE  IS
GRANTED.  THE  PROOF  WILL  BE  PROVIDED  TO  THE  DEPARTMENT  IN A FORM
PRESCRIBED BY THE COMMISSIONER.  [Provided, however, the] THE court  may
not  authorize  the  operation  of  a  motor vehicle by any person whose
license or privilege to operate a motor vehicle has been revoked  pursu-
ant to the provisions of this section.
  (c)  Felony  offenses.  (i)  A  person  who  operates a vehicle (A) in
violation of subdivision two, two-a, three, four or  four-a  of  section
eleven hundred ninety-two of this article after having been convicted of
a  violation  of  subdivision  two, two-a, three, four or four-a of such
section or of vehicular assault  in  the  second  or  first  degree,  as
defined,  respectively,  in  sections  120.03  and 120.04 and aggravated
vehicular assault as defined in section 120.04-a of the penal law or  of
vehicular  manslaughter  in  the  second  or  first  degree, as defined,
respectively, in sections 125.12 and  125.13  and  aggravated  vehicular
homicide  as defined in section 125.14 of such law, within the preceding
ten years, or (B) in violation of paragraph (b) of subdivision two-a  of
section  eleven  hundred ninety-two of this article shall be guilty of a
class E felony, and shall be punished by a fine of  not  less  than  one
thousand  dollars  nor more than five thousand dollars or by a period of
imprisonment as provided in the penal law, or  by  both  such  fine  and
imprisonment.
  (ii)  A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section  eleven  hundred  ninety-two  of
this  article  after having been convicted of a violation of subdivision
two, two-a, three, four or  four-a  of  such  section  or  of  vehicular
assault  in  the  second  or  first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault  as  defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such  law,  twice  within  the preceding ten years, shall be guilty of a
class D felony, and shall be punished by a fine of  not  less  than  two
thousand  dollars  nor  more than ten thousand dollars or by a period of
imprisonment as provided in the penal law, or  by  both  such  fine  and
imprisonment.
  (iii) In addition to the imposition of any fine or period of imprison-
ment  set  forth  in  this paragraph, the court shall also sentence such
person convicted [of] OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation
of subdivision two, two-a [or], three OR PARAGRAPH  (B)  OF  SUBDIVISION
FOUR-A  of section eleven hundred ninety-two of this article to a period
of probation or conditional discharge, as a condition of which it  shall
order  such  person  NOT  TO OPERATE A MOTOR VEHICLE WITHOUT AN IGNITION
INTERLOCK DEVICE, NOT TO OPERATE A MOTOR VEHICLE WITH  A  BLOOD  ALCOHOL
CONCENTRATION  ABOVE  THE SETPOINT OF THE IGNITION INTERLOCK DEVICE, AND
to install and maintain, in accordance with the  provisions  of  section
eleven  hundred  ninety-eight  of  this  article,  an ignition interlock
device in any motor vehicle TITLED, REGISTERED  OR  OTHERWISE  owned  or
operated by such person OR, IF SUCH PERSON DOES NOT OWN A MOTOR VEHICLE,
IN  THE  VEHICLE OPERATED BY SUCH PERSON AT THE TIME OF THE VIOLATION OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR IN  AT  LEAST  ONE
VEHICLE  REGISTERED  TO  SUCH PERSON'S HOUSEHOLD during the term of such
probation or conditional discharge imposed for such violation of section
eleven hundred ninety-two of this article and in no event for  a  period

S. 2608--C                         47

of  less  than  six  months.  THE  PERIOD OF INTERLOCK RESTRICTION SHALL
COMMENCE FROM THE DATE OF SENTENCING OR IN THE CASE OF A  PLEA  DISPOSI-
TION,  MAY  COMMENCE FROM THE DATE OF INSTALLATION OF AN IGNITION INTER-
LOCK  DEVICE  AT A DATE IN ADVANCE OF SENTENCING. THE IGNITION INTERLOCK
DEVICE SHALL BE INSTALLED FOR NO LESS THAN SIX MONTHS, REGARDLESS OF THE
COMMENCEMENT DATE.  IN THE EVENT THAT THE COURT MAKES A DETERMINATION OF
GOOD CAUSE FOR NOT INSTALLING AN IGNITION INTERLOCK DEVICE  PURSUANT  TO
SUBDIVISION  FOUR OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE
ON THE BASIS THAT SUCH PERSON DOES NOT OWN AND WILL NOT OPERATE A  MOTOR
VEHICLE,  THE  IGNITION INTERLOCK RESTRICTION SHALL REMAIN IN EFFECT FOR
THE FULL PERIOD OF SUCH  PERSON'S  CONDITIONAL  DISCHARGE  OR  PROBATION
PURSUANT  TO  ARTICLE  SIXTY-FIVE  OF  THE PENAL LAW AND THE COURT SHALL
SENTENCE SUCH PERSON TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE FOR
A PERIOD OF NOT LESS THAN SIX MONTHS. UNDER  NO  CIRCUMSTANCES  SHALL  A
CONDITIONAL  LICENSE  BE  ISSUED, OR A LICENSE OR PRIVILEGE TO OPERATE A
MOTOR VEHICLE BE GRANTED OR RESTORED UNTIL SUCH PERSON  CAN  DEMONSTRATE
COMPLIANCE  WITH  EITHER  THE  IGNITION INTERLOCK OR TRANSDERMAL ALCOHOL
MONITORING PROVISIONS OF THIS SECTION PURSUANT TO  SUBDIVISION  NINE  OF
SECTION  FIVE HUNDRED TEN OF THIS CHAPTER. FOR THE PURPOSES OF OBTAINING
A CONDITIONAL LICENSE  WHILE  UNDER  THE  PERIOD  OF  RESTRICTION,  SUCH
COMPLIANCE  CAN BE DEMONSTRATED BY PROVIDING PROOF AT THE TIME OF APPLI-
CATION FOR A  CONDITIONAL  LICENSE  PROOF  OF  THE  INSTALLATION  OF  AN
IGNITION  INTERLOCK  DEVICE  TO  BE MONITORED PURSUANT TO SECTION ELEVEN
HUNDRED NINETY-EIGHT OF THIS ARTICLE FOR A PERIOD OF NO  LESS  THAN  THE
FIRST  SIX  MONTHS FROM THE DATE OF ISSUANCE OF THE CONDITIONAL LICENSE.
THE PROOF WILL BE PROVIDED TO THE DEPARTMENT IN A FORM PRESCRIBED BY THE
COMMISSIONER. [Provided, however, the] THE court may not  authorize  the
operation of a motor vehicle by any person whose license or privilege to
operate  a  motor vehicle has been revoked pursuant to the provisions of
this section.
  S 2. Paragraph (g) of subdivision 1 of section 1193 of the vehicle and
traffic law, as amended by section 57 of part A of  chapter  56  of  the
laws of 2010, is amended to read as follows:
  (g) The office of probation and correctional alternatives shall recom-
mend  to  the  commissioner of the division of criminal justice services
regulations governing the monitoring of compliance  by  persons  ordered
NOT TO OPERATE A MOTOR VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE, NOT
TO  OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL CONCENTRATION ABOVE THE
SETPOINT OF THE IGNITION INTERLOCK DEVICE AND to  install  and  maintain
ignition  interlock  devices  IN ANY MOTOR VEHICLE TITLED, REGISTERED OR
OTHERWISE OWNED OR OPERATED BY SUCH PERSON, OR IF SUCH PERSON  DOES  NOT
OWN  A MOTOR VEHICLE, IN THE VEHICLE OPERATED BY SUCH PERSON AT THE TIME
OF THE VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF  THIS  ARTICLE,
OR  IN AT LEAST ONE VEHICLE REGISTERED TO SUCH PERSON'S HOUSEHOLD, OR IN
THE ALTERNATIVE TO WEAR A  TRANSDERMAL  ALCOHOL  MONITORING  DEVICE,  to
provide  standards  for  monitoring  by  departments  of  probation, and
options for monitoring of compliance by such persons, that counties  may
adopt as an alternative to monitoring by a department of probation.
  S  3.  Subdivisions  1,  2, 3, 4 and paragraph (a) of subdivision 5 of
section 1198 of the vehicle and traffic law, as amended by  chapter  496
of the laws of 2009, are amended to read as follows:
  1.  Applicability. The provisions of this section shall apply through-
out the state to each person required or otherwise ordered by a court as
a condition of probation or conditional discharge NOT TO OPERATE A MOTOR
VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE, NOT  TO  OPERATE  A  MOTOR
VEHICLE  WITH  A  BLOOD  ALCOHOL CONCENTRATION ABOVE THE SETPOINT OF THE

S. 2608--C                         48

IGNITION INTERLOCK DEVICE AND  to  install  and  [operate]  MAINTAIN  an
ignition  interlock device in any vehicle FOR which he or she HAS TITLE,
REGISTRATION, OR OTHERWISE owns or operates, OR IF SUCH PERSON DOES  NOT
OWN  A MOTOR VEHICLE, IN THE VEHICLE OPERATED BY SUCH PERSON AT THE TIME
OF THE VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF  THIS  ARTICLE,
OR  IN AT LEAST ONE VEHICLE REGISTERED TO SUCH PERSON'S HOUSEHOLD, OR IN
THE ALTERNATIVE ORDERED TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE.
  2. Requirements. (a) In addition to any other penalties prescribed  by
law, the court shall require that any person who has been convicted [of]
OR  ADJUDICATED  A YOUTHFUL OFFENDER FOR a violation of subdivision two,
two-a [or], three OR PARAGRAPH (B)  OF  SUBDIVISION  FOUR-A  of  section
eleven  hundred ninety-two of this article, or any crime defined by this
chapter or the penal law of which an alcohol-related  violation  of  any
provision  of  section  eleven  hundred ninety-two of this article is an
essential element, [to] SHALL NOT OPERATE A  MOTOR  VEHICLE  WITHOUT  AN
IGNITION  INTERLOCK  DEVICE, OR WITH A BLOOD ALCOHOL CONCENTRATION ABOVE
THE SETPOINT OF THE IGNITION INTERLOCK  DEVICE  AND  SHALL  install  and
maintain,  as a condition of probation or conditional discharge, a func-
tioning ignition interlock device OR SHALL IN  THE  ALTERNATIVE  WEAR  A
TRANSDERMAL  ALCOHOL MONITORING DEVICE in accordance with the provisions
of this section and, as applicable, in accordance with the provisions of
subdivisions one and one-a of section  eleven  hundred  ninety-three  of
this  article; provided, however, the court may not authorize the opera-
tion of a motor vehicle by any person  whose  license  or  privilege  to
operate  a motor vehicle has been revoked except as provided herein. For
any such individual subject to a sentence of probation, installation and
maintenance of such ignition interlock device shall be  a  condition  of
probation.
  (b)  Nothing  contained  in  this section shall prohibit a court, upon
application by a probation department, from modifying the conditions  of
probation  of  any  person convicted of any violation set forth in para-
graph (a) of this subdivision  prior  to  the  effective  date  of  this
section,  to  require  the installation and maintenance of a functioning
ignition interlock device, and such person shall thereafter  be  subject
to the provisions of this section.
  [(c)  Nothing  contained  in  this  section shall authorize a court to
sentence any person to a period of probation  or  conditional  discharge
for  the  purpose  of  subjecting  such person to the provisions of this
section, unless such person would have otherwise been so eligible for  a
sentence of probation or conditional discharge.]
  3.  Conditions.  (a)  Notwithstanding  any other provision of law, the
commissioner may grant a [post-revocation] conditional license[, as  set
forth  in  paragraph  (b)  of this subdivision, to a person who has been
convicted of a violation of subdivision two, two-a or three  of  section
eleven  hundred ninety-two of this article and who has been sentenced to
a period of probation or conditional discharge, provided the person  has
satisfied  the  minimum  period of license revocation established by law
and the commissioner has been notified that such person may operate only
a motor vehicle equipped with a functioning ignition  interlock  device]
IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-SIX
OF THIS ARTICLE.
  (B) No such request shall be made nor shall such a license be granted,
however, if such person has been found by a court to have [committed  a]
BEEN  CHARGED  WITH  A  violation of section five hundred eleven of this
chapter during the license revocation period, OR A VIOLATION OF  SECTION
ELEVEN  HUNDRED  NINETY-TWO OF THIS ARTICLE, OR FOR OPERATION OF A MOTOR

S. 2608--C                         49

VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE WHEN REQUIRED TO  HAVE  ONE
PURSUANT  TO  THIS  SECTION,  or  deemed by a court to have violated any
condition of probation or conditional discharge set forth by  the  court
relating to the operation of a motor vehicle or the consumption of alco-
hol.  [In exercising discretion relating to the issuance of a post-revo-
cation conditional license pursuant to this subdivision, the commission-
er shall not  deny  such  issuance  based  solely  upon  the  number  of
convictions  for violations of any subdivision of section eleven hundred
ninety-two of this article committed by such person within the ten years
prior to application for such license.] IN ORDER FOR THE REQUEST  FOR  A
CONDITIONAL  LICENSE  TO  BE  DENIED ON THE BASIS OF HAVING BEEN CHARGED
WITH THE ENUMERATED VIOLATIONS, THE COURT MUST FIND PRIOR TO THE CONCLU-
SION OF THE PROCEEDINGS FOR ARRAIGNMENT THAT THE  ACCUSATORY  INSTRUMENT
CONFORMS TO THE REQUIREMENTS OF SECTION 100.40 OF THE CRIMINAL PROCEDURE
LAW  AND  THERE  EXISTS  REASONABLE  CAUSE  TO  BELIEVE THAT SUCH PERSON
VIOLATED THE PROVISIONS OF SECTION FIVE HUNDRED ELEVEN OF  THIS  CHAPTER
OR OPERATED A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION ONE, TWO, TWO-A,
THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTI-
CLE  OR  OPERATED  A  MOTOR VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE
WHEN REQUIRED TO HAVE ONE PURSUANT TO THIS SECTION. THE COURT SHALL MAKE
A FINDING AND SET IT FORTH UPON THE RECORD, OR OTHERWISE SET IT FORTH IN
WRITING. THE FINDING SHALL BE  FILED  WITH  THE  DEPARTMENT  IN  A  FORM
PRESCRIBED BY THE COMMISSIONER. AT SUCH TIME THE LICENSEE SHALL BE ENTI-
TLED  TO  AN  OPPORTUNITY  TO MAKE A STATEMENT REGARDING THE CHARGES AND
ISSUES AND TO PRESENT EVIDENCE TENDING TO REBUT  THE  COURT'S  FINDINGS.
THE  LICENSEE MAY PRESENT MATERIAL AND RELEVANT EVIDENCE, HOWEVER, HE OR
SHE MAY NOT CAUSE THE LAW ENFORCEMENT OFFICERS INVOLVED IN THE  UNDERLY-
ING  ARREST OR ARRESTS TO BE CALLED TO TESTIFY UNLESS THE LICENSEE FIRST
DEMONSTRATES TO THE SATISFACTION OF THE COURT  A  GOOD  FAITH  BASIS  TO
BELIEVE  SUCH  OFFICERS  WILL  PROVIDE  TESTIMONY  INCONSISTENT WITH THE
FACTUAL PORTION OF THE ACCUSATORY INSTRUMENT WHICH FORMED THE  BASIS  OF
THE  COURT'S  FINDING  OF COMPLIANCE WITH SECTION 100.40 OF THE CRIMINAL
PROCEDURE LAW AND THERE EXISTS REASONABLE  CAUSE  TO  BELIEVE  THAT  THE
HOLDER  VIOLATED THE SECTIONS CHARGED. IN NO EVENT SHALL THE ARRAIGNMENT
BE ADJOURNED OR OTHERWISE DELAYED MORE THAN THREE BUSINESS  DAYS  SOLELY
FOR  THE  PURPOSE OF ALLOWING THE LICENSEE TO REBUT THE COURT'S FINDING.
Upon the termination of the period of probation or conditional discharge
set by the court, the person may apply to the commissioner for  restora-
tion  of a license or privilege to operate a motor vehicle in accordance
with this chapter.
  [(b) Notwithstanding any inconsistent provision  of  this  chapter,  a
post-revocation conditional license granted pursuant to paragraph (a) of
this  subdivision shall be valid only for use by the holder thereof, (1)
enroute to and from the holder's place of employment, (2) if  the  hold-
er's  employment  requires  the operation of a motor vehicle then during
the hours thereof, (3) enroute to and from  a  class  or  course  at  an
accredited school, college or university or at a state approved institu-
tion  of vocational or technical training, (4) to and from court ordered
probation activities, (5) to and from a motor  vehicle  office  for  the
transaction  of  business relating to such license, (6) for a three hour
consecutive daytime period, chosen by the department, on  a  day  during
which  the  participant  is not engaged in usual employment or vocation,
(7) enroute to and from a medical examination or treatment as part of  a
necessary  medical  treatment  for  such  participant  or  member of the
participant's household, as evidenced by a  written  statement  to  that
effect  from  a licensed medical practitioner, (8) enroute to and from a

S. 2608--C                         50

class or an activity which is an authorized part of the alcohol and drug
rehabilitation  program  and  at  which  participant's   attendance   is
required,  and  (9)  enroute to and from a place, including a school, at
which  a child or children of the participant are cared for on a regular
basis and which is  necessary  for  the  participant  to  maintain  such
participant's  employment or enrollment at an accredited school, college
or university or at a state approved institution of vocational or  tech-
nical training.]
  (c)  The  [post-revocation]  conditional  license  described  in [this
subdivision] SECTION ELEVEN HUNDRED NINETY-SIX OF THIS ARTICLE,  may  be
revoked  by  the  commissioner  for  sufficient  cause including but not
limited to, failure to  comply  with  the  terms  of  the  condition  of
probation or conditional discharge set forth by the court, conviction of
any traffic offense other than one involving parking, stopping or stand-
ing  [or  conviction  of] AND SHALL BE REVOKED BY THE COMMISSIONER WHERE
SUCH PERSON IS FOUND BY THE COURT TO HAVE BEEN CHARGED WITH any  alcohol
or drug related offense, misdemeanor or felony, ANY VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, ANY VIOLATION OF SECTION FIVE
HUNDRED  ELEVEN OF THIS ARTICLE, OR WITH OPERATING A MOTOR VEHICLE WITH-
OUT AN IGNITION INTERLOCK DEVICE WHEN REQUIRED TO DO SO, or  failure  to
install or maintain a court ordered ignition interlock device.
  (d) [Nothing contained herein shall prohibit the court from requiring,
as  a  condition of probation or conditional discharge, the installation
of a functioning ignition interlock device in any vehicle owned or oper-
ated by a person sentenced for a violation of subdivision two, two-a, or
three of section eleven hundred ninety-two of this chapter, or any crime
defined by this chapter or the penal law  of  which  an  alcohol-related
violation  of any provision of section eleven hundred ninety-two of this
chapter is an essential element, if the court in its discretion,  deter-
mines  that  such a condition is necessary to ensure the public safety.]
Imposition of an ignition interlock condition shall in no way limit  the
effect  of  any  period of license suspension or revocation set forth by
the commissioner or the court.
  (e) Nothing contained herein shall prevent the court from applying any
other conditions of probation or conditional discharge allowed  by  law,
including treatment for alcohol or drug abuse, restitution and community
service.
  (f) The commissioner shall note on the operator's record of any person
restricted  pursuant  to  this  section  UPON SENTENCING OR DATE OF PLEA
DISPOSITION IN ADVANCE OF SENTENCING that,  in  addition  to  any  other
restrictions,  conditions or limitations, such person may operate only a
motor vehicle equipped with an ignition interlock device.
  4. Proof of compliance and recording of condition. (a) Following impo-
sition by the court of the use of an  ignition  interlock  device  as  a
condition  of  probation  or  conditional discharge it shall require the
person to provide proof of compliance with this section to the court and
the probation department OR OTHER MONITOR where  such  person  is  under
probation,  SUPERVISION, or conditional discharge [supervision] MONITOR-
ING.  A CLAIM BY SUCH PERSON THAT HE OR  SHE  HAS  GOOD  CAUSE  FOR  NOT
INSTALLING AN IGNITION INTERLOCK DEVICE SHALL BE MADE TO THE COURT AT OR
BEFORE SENTENCING, IN WRITING IN THE FORM OF A SWORN AFFIDAVIT SIGNED BY
SUCH  PERSON ASSERTING UNDER OATH THAT SUCH PERSON IS NOT THE REGISTERED
OR TITLED OWNER OF ANY MOTOR VEHICLE AND  WILL  NOT  OPERATE  ANY  MOTOR
VEHICLE  DURING  THE PERIOD OF RESTRICTION, OR THAT SUCH PERSON DOES NOT
HAVE ACCESS TO THE VEHICLE OPERATED BY SUCH PERSON AT THE  TIME  OF  THE
VIOLATION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR THAT

S. 2608--C                         51

THE REGISTERED OWNER OF THAT VEHICLE OR ANY VEHICLE REGISTERED  TO  SUCH
PERSON'S  HOUSEHOLD  WILL  NOT  GIVE  CONSENT FOR THE INSTALLATION OF AN
IGNITION INTERLOCK DEVICE ON HIS OR HER VEHICLE. IN ADDITION, THE  AFFI-
DAVIT  MUST ALSO INCLUDE A STATEMENT REGARDING WHETHER SUCH PERSON OWNED
ANY MOTOR VEHICLE ON THE DATE OF THE  UNDERLYING  VIOLATION  OF  SECTION
ELEVEN  HUNDRED  NINETY-TWO OF THIS ARTICLE AND WHETHER OWNERSHIP OF ANY
OF THOSE VEHICLES HAS BEEN TRANSFERRED TO ANOTHER PARTY BY SALE, GIFT OR
ANY OTHER MEANS SINCE THE DATE OF SAID  VIOLATION.  THE  AFFIDAVIT  MUST
INCLUDE A STATEMENT FROM SUCH PERSON THAT HE OR SHE HAS NOT AND WILL NOT
TRANSFER  OWNERSHIP  OF ANY VEHICLE TO EVADE INSTALLATION OF AN IGNITION
INTERLOCK DEVICE. THE AFFIDAVIT MUST ALSO INCLUDE THE  ADDRESS  OF  SUCH
PERSON'S  EMPLOYMENT  (IF  ANY) AND HOW SUCH PERSON INTENDS TO TRAVEL TO
THAT LOCATION DURING THE PERIOD OF  RESTRICTION.  THE  PERSON  MAY  ALSO
INCLUDE  ANY  OTHER  FACTS  AND CIRCUMSTANCES SUCH PERSON BELIEVES TO BE
RELEVANT TO THE CLAIM OF GOOD CAUSE.  THE  COURT  MUST  MAKE  A  FINDING
WHETHER  GOOD  CAUSE  EXISTS  ON THE RECORD AND, IF GOOD CAUSE IS FOUND,
ISSUE SUCH FINDING IN WRITING TO BE FILED BY SUCH PERSON WITH  PROBATION
OR  THE  IGNITION  INTERLOCK  MONITOR,  AS APPROPRIATE. IN THE EVENT THE
COURT DENIES SUCH PERSON'S CLAIM OF GOOD CAUSE ON THE BASIS OF THE AFFI-
DAVIT FILED WITH THE COURT, SUCH PERSON MUST BE GIVEN AN OPPORTUNITY  TO
BE  HEARD. SUCH PERSON MAY ALSO WAIVE THE OPPORTUNITY TO BE HEARD. WHERE
THE COURT FINDS GOOD CAUSE FOR SUCH PERSON NOT TO  INSTALL  AN  IGNITION
INTERLOCK  DEVICE,  THE PERIOD OF INTERLOCK RESTRICTION ON SUCH PERSON'S
OPERATING RECORD SHALL REMAIN IN EFFECT FOR  THE  FULL  PERIOD  OF  SUCH
PERSON'S   CONDITIONAL   DISCHARGE  OR  PROBATION  PURSUANT  TO  ARTICLE
SIXTY-FIVE OF THE PENAL LAW AND THE COURT SHALL SENTENCE SUCH PERSON  TO
WEAR  A  TRANSDERMAL  ALCOHOL MONITORING DEVICE FOR A PERIOD OF NOT LESS
THAN SIX MONTHS. IN THE EVENT THE COURT ALSO SENTENCES  SUCH  PERSON  TO
ABSTAIN  OR RESTRICT HIS OR HER CONSUMPTION OF ALCOHOL DURING THE TRANS-
DERMAL ALCOHOL MONITORING PERIOD, THE DETECTION OF ALCOHOL BY THE TRANS-
DERMAL DEVICE SHALL BE REPORTED BY  PROBATION  OR  THE  MONITOR  TO  THE
COURT.  WHERE NO SUCH RESTRICTION IS IMPOSED BY THE COURT, THE TRANSDER-
MAL DATA WILL BE REPORTED TO THE DEPARTMENT IN A FORM PRESCRIBED BY  THE
COMMISSIONER  FOR CONSIDERATION DURING RELICENSING. If [the] A person IS
ORDERED TO INSTALL AND MAINTAIN AN IGNITION INTERLOCK  DEVICE  AND  SUCH
PERSON fails to provide [for such] proof of installation TO PROBATION OR
THE MONITOR, AS APPROPRIATE, absent a finding by the court of good cause
for  that  failure which is entered in the record, the court may revoke,
modify, or terminate the person's sentence of probation  or  conditional
discharge as provided under law.
  (b) When a court imposes the condition specified in subdivision one of
this  section, the court shall notify the commissioner in such manner as
the commissioner may prescribe, and the  commissioner  shall  note  such
condition  on  the operating record of the person subject to such condi-
tions.
  (a) The cost of installing  and  maintaining  the  ignition  interlock
device  OR  TRANSDERMAL  ALCOHOL MONITORING DEVICE shall be borne by the
person subject to such condition unless the court determines such person
is financially unable to afford such  cost  whereupon  such  cost  [may]
SHALL  be  imposed pursuant to a payment plan or, IF NO PAYMENT PLAN CAN
BE ESTABLISHED, THE COURT MUST STATE THE REASONS WHY A PAYMENT  PLAN  IS
NOT  FEASIBLE ON THE RECORD AND MAY ORDER THE COST TO BE waived.  In the
event of such waiver, the cost of the device shall be borne  in  accord-
ance  with  regulations issued under paragraph (g) of subdivision one of
section eleven hundred ninety-three of this article or pursuant to  such
other agreement as may be entered into for provision of the device. Such

S. 2608--C                         52

cost  shall be considered a fine for the purposes of subdivision five of
section 420.10 of the  criminal  procedure  law.  Such  cost  shall  not
replace,  but shall instead be in addition to, any fines, surcharges, or
other costs imposed pursuant to this chapter or other applicable laws.
  S  4. Subdivision 8 of section 1198 of the vehicle and traffic law, as
amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
follows:
  8. Employer vehicle. Notwithstanding the provisions of subdivision one
and  paragraph  (d)  of subdivision nine of this section, if a person is
required to operate a motor vehicle owned by said person's  employer  in
the  course  and  scope of his or her employment, the person may operate
that vehicle without installation  of  an  approved  ignition  interlock
device  only  in the course and scope of such employment and only if the
employer has been notified that the person's driving privilege has  been
restricted under the provisions of this article or the penal law and the
person whose privilege has been so restricted has provided the court and
probation  department with written documentation indicating the employer
has knowledge of the restriction imposed and has granted permission  for
the person to operate the employer's vehicle without the device only for
business  purposes.  The person shall notify the court and the probation
department, OR THE INTERLOCK MONITOR, AS  APPROPRIATE,  of  his  or  her
intention  to so operate the employer's vehicle.  THE COURT MAY GRANT OR
DENY SUCH PERSON'S REQUEST TO OPERATE A MOTOR  VEHICLE,  OWNED  BY  SAID
PERSON'S  EMPLOYER,  IN  THE  COURSE  AND SCOPE OF HIS OR HER EMPLOYMENT
WITHOUT INSTALLATION OF AN APPROVED IGNITION INTERLOCK DEVICE. WHERE THE
COURT GRANTS THE REQUEST, IT MUST  BE  GRANTED  IN  WRITING  IN  A  FORM
PRESCRIBED  BY  THE COMMISSIONER TO BE FILED WITH PROBATION OR THE MONI-
TOR, AS APPROPRIATE, AND TO BE CARRIED  BY  SUCH  PERSON  WHENEVER  SAID
PERSON  IS  OPERATING  THE  EMPLOYER'S  VEHICLE  IN ACCORDANCE WITH THIS
SECTION AND SUCH PERSON MUST PRODUCE SAID DOCUMENT TO A LAW  ENFORCEMENT
OFFICER  UPON REQUEST.  ADDITIONALLY, THE COMMISSIONER SHALL NOTE ON THE
OPERATOR'S RECORD OF ANY PERSON AUTHORIZED TO OPERATE AN EMPLOYER  VEHI-
CLE  PURSUANT TO THIS SUBDIVISION THAT SUCH PERSON IS ONLY AUTHORIZED TO
OPERATE WITHOUT AN IGNITION INTERLOCK DEVICE WHILE DRIVING  AN  EMPLOYER
VEHICLE  WITHIN  THE  COURSE AND SCOPE OF HIS OR HER EMPLOYMENT. A motor
vehicle owned by a business entity which business entity is all or part-
ly owned or controlled by a person otherwise subject to  the  provisions
of  this  article  or  the penal law is not a motor vehicle owned by the
employer for purposes of the exemption provided in this subdivision. The
provisions of this subdivision shall apply only to the operation of such
vehicle in the scope of such employment.
  S 5. Subdivision 15-a of  section  259-c  of  the  executive  law,  as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  15-a.  Notwithstanding  any  other provision of law, where a person is
serving a sentence for a violation of section 120.03, 120.04,  120.04-a,
125.12,  125.13  or  125.14  of the penal law, or a felony as defined in
paragraph (c) of subdivision one of section eleven hundred  ninety-three
of  the vehicle and traffic law, if such person is released on parole or
conditional release the board shall require as a mandatory condition  of
such  release, that such person install and maintain, in accordance with
the provisions of section eleven hundred ninety-eight of the vehicle and
traffic law, an ignition interlock device in any motor  vehicle  TITLED,
REGISTERED OR OTHERWISE owned or operated by such person during the term
of  such  parole  or conditional release for such crime.  THIS MANDATORY
INSTALLATION OF AN IGNITION INTERLOCK DEVICE AS A CONDITION  OF  RELEASE

S. 2608--C                         53

SHALL  RUN  CONCURRENTLY  WITH  ANY REQUIRED INSTALLATION OF AN IGNITION
INTERLOCK DEVICE ORDERED BY THE COURT AS A CONDITION  OF  A  CONSECUTIVE
PERIOD  OF  CONDITIONAL DISCHARGE OR PROBATION PURSUANT TO SECTION 60.21
OF  THE  PENAL  LAW.    MONITORING  DURING THE PERIOD OF PAROLE SHALL BE
PROVIDED BY THE DIVISION OF PAROLE.  IF THERE IS AN ADDITIONAL PERIOD OF
PROBATION EXTENDING BEYOND THE  PERIOD  OF  PAROLE,  MONITORING  OF  ANY
REMAINING  PERIOD OF IGNITION INTERLOCK RESTRICTION SHALL BE TRANSFERRED
FROM THE DIVISION OF PAROLE TO PROBATION AT THE  CONCLUSION  OF  PAROLE.
Provided  further,  however,  the  board may not otherwise authorize the
operation of a motor vehicle by any person whose license or privilege to
operate a motor vehicle has been revoked pursuant to the  provisions  of
the vehicle and traffic law.
  S  6.  Section  60.36 of the penal law, as added by chapter 496 of the
laws of 2009, is amended to read as follows:
S 60.36 Authorized dispositions; driving while intoxicated offenses.
  Where a court is imposing a sentence for a  violation  of  subdivision
two,  two-a,  [or]  three,  OR  PARAGRAPH  (B)  OF SUBDIVISION FOUR-A of
section eleven hundred ninety-two of the vehicle and traffic law OR  FOR
A  VIOLATION  OF  SECTION  120.03,  120.04,  120.04-A, 125.12, 125.13 OR
125.14 OF THIS CHAPTER, OR A FELONY  AS  DEFINED  IN  PARAGRAPH  (C)  OF
SUBDIVISION  ONE  OF  SECTION ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE
AND TRAFFIC LAW, pursuant to sections 65.00 or 65.05 of this title  and,
as a condition of such sentence, orders the installation and maintenance
of  an ignition interlock device, the court may impose any other penalty
authorized pursuant to section eleven hundred ninety-three of the  vehi-
cle and traffic law.
  S  7.  Section  60.21 of the penal law, as added by chapter 496 of the
laws of 2009, is amended to read as follows:
S 60.21 Authorized dispositions; driving while intoxicated or aggravated
          driving while intoxicated.
  Notwithstanding paragraph (d) of subdivision two of section  60.01  of
this  article,  when a person is to be sentenced upon a conviction for a
violation of subdivision two, two-a [or],  three  OR  PARAGRAPH  (B)  OF
SUBDIVISION  FOUR-A  of section eleven hundred ninety-two of the vehicle
and traffic law, OR FOR A VIOLATION OF SECTION 120.03, 120.04, 120.04-A,
125.12, 125.13 OR 125.14 OF THIS CHAPTER, OR  A  FELONY  AS  DEFINED  IN
PARAGRAPH  (C) OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-THREE
OF THE VEHICLE AND TRAFFIC LAW, OR ANY FELONY FOR WHICH A  VIOLATION  OF
SUBDIVISION  TWO,  TWO-A,  THREE, PARAGRAPH (B) OF SUBDIVISION FOUR-A OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW  IS  AN
ESSENTIAL  ELEMENT  the  court  may  sentence such person to a period of
imprisonment authorized by article  seventy  of  this  title  and  shall
sentence  such  person to a period of probation or conditional discharge
in accordance with the provisions of section 65.00  of  this  title  and
shall  order  the installation and maintenance of a functioning ignition
interlock device. Such period  of  probation  or  conditional  discharge
shall run consecutively to any period of imprisonment and shall commence
immediately  upon  such person's release from imprisonment NOTWITHSTAND-
ING, SUCH PERSON ALSO HAVING BEEN CONVICTED OF FELONY  CHARGES  THAT  DO
NOT  CONTAIN  A  VIOLATION  OF  SECTION ELEVEN HUNDRED NINETY-TWO OF THE
VEHICLE AND TRAFFIC LAW AS AN ESSENTIAL ELEMENT.    WHERE  A  PERSON  IS
SENTENCED TO THE MAXIMUM TERM OF INCARCERATION WITH A CONSECUTIVE PERIOD
OF  CONDITIONAL  DISCHARGE OR PROBATION, AND THE