senate Bill S5293

2013-2014 Legislative Session

Relates to the management of the Roosevelt Island operating corporation

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to cities
May 15, 2013 referred to cities

S5293 - Bill Details

See Assembly Version of this Bill:
A7409
Current Committee:
Senate Cities
Law Section:
New York City
Laws Affected:
Amd Chap 899 of 1984

S5293 - Bill Texts

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Relates to the management of the Roosevelt Island operating corporation.

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BILL NUMBER:S5293

TITLE OF BILL: An act to amend chapter 899 of the laws of 1984,
relating to the creation of a public benefit corporation to plan,
develop, operate, maintain and manage Roosevelt Island, in relation to
the management of such corporation

PURPOSE: To amend chapter 899 of the laws of 1984, relating to the
creation of a public benefit corporation to plan, develop, operate,
maintain and manage Roosevelt Island, in relation to such corporation.

SUMMARY OF PROVISIONS:

-Updates the legislative declarations of the laws of 1984.

-Updates new development subleases that the Roosevelt Island operating
corporation entered into in the years since the original laws were
enacted.

-Updates the language related to the organization of the board of the
Roosevelt Island operating corporation. Updates the powers of the
Roosevelt Island operating corporation, including a newly enumerated
requirement that the Roosevelt Island operating corporation
"Supplement any of the services provided by other governmental
agencies in such a way that will make the services to residents of
Roosevelt Island better and more complete than otherwise possible."

-Updates the Equal Employment Opportunities section of law relating to
the Roosevelt Island operating corporation to include sexual
orientation as a protected class.

-Updates the section of law related to future management studies and
updates the areas of open space that are restricted from development,

-Updates the requirements of the Roosevelt Island operating
corporation by requiring that any expenditures be in accordance with
the adopted budget or a modification of the budget which has been
approved by the board of the Roosevelt Island operating corporation.

-Updates the laws relating to the operation of motor vehicles on
Roosevelt Island.

JUSTIFICATION: The original laws of 1984 creating the Roosevelt
Island operating corporation are in need of updating and
clarification. This bill seeks to make technical corrections to make
clear the intent of specific provisions. Furthermore, this legislation
makes important updates to the laws by making such changes as
including sexual orientation as a protected class of the equal
employment opportunity section of the laws.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: Immediately.


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

    S. 5293                                                  A. 7409

                       2013-2014 Regular Sessions

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

                              May 15, 2013
                               ___________

IN SENATE -- Introduced by Sen. SERRANO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Cities

IN  ASSEMBLY -- Introduced by M. of A. KELLNER -- read once and referred
  to the Committee on Corporations, Authorities and Commissions

AN ACT to amend chapter 899  of  the  laws  of  1984,  relating  to  the
  creation  of  a  public benefit corporation to plan, develop, operate,
  maintain and manage Roosevelt Island, in relation to the management of
  such corporation

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

  Section  1.  Chapter 899 of the laws of 1984, relating to the creation
of a public benefit corporation to plan, develop, operate, maintain  and
manage  Roosevelt Island, subdivision 2 of section 3 as amended by chap-
ter 766 of the laws of 2005, subdivision 5 of section 3  as  amended  by
chapter  55  of the laws of 1992, section 8 as amended by chapter 770 of
the laws of 1988, paragraph 2 of subdivision a of section 8  as  amended
by  chapter 804 of the laws of 1990 and section 10-a as added by chapter
493 of the laws of 2002, is amended to read as follows:
  Section 1. LEGISLATIVE  DECLARATION.  The  legislature  hereby  finds,
determines and declares that:  (a) the city of New York and the New York
state  urban  development  corporation  have  entered  into a lease [and
related agreements] providing for the urban development  corporation  to
use  its  statutory powers to create on Roosevelt Island a new community
which would retain and heighten  the  benefits  of  urban  living  while
preserving  a  sense  of scale and open space for Roosevelt Island resi-
dents and New York city as a whole; (b)  the  urban  development  corpo-
ration  has AND ITS SUCCESSORS HAVE constructed the first [phase] PHASES
of the island's development, including public facilities, pursuant to  a
general  development  plan  for  Roosevelt  Island,  which plan is being
updated and WHICH PLAN contemplates significant future  development  [on

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10709-03-3

S. 5293                             2                            A. 7409

the  island], including the provision of additional housing, commercial,
civic, recreational and other facilities; (c) it is in the public inter-
est for the urban development corporation to transfer all of its  rights
and  obligations  with  respect to the development, operation and super-
vision of both such existing and such proposed development to  a  public
benefit  corporation which shall be under the supervision of the commis-
sioner of [housing] HOMES and community renewal; and (d) it  is  in  the
public  interest  that  [such  a]  THE  public benefit corporation plan,
design, develop, operate, maintain and manage  Roosevelt  Island[,  that
such  corporation] AND have vested in it such powers as are necessary or
convenient to effectuate those functions and that the division of  hous-
ing  and  community  renewal be authorized to assist such corporation in
the performance of its duties with respect to Roosevelt Island.
  S 2. DEFINITIONS. As used in this act, the following terms shall  have
the following meanings:
  1. "City" shall mean the city of New York.
  2.  "Commissioner"  shall mean the commissioner of [housing] HOMES and
community renewal.
  3. "Corporation" shall mean the Roosevelt Island operating corporation
created by section three of this act.
  4. "Development subleases" shall mean (a) the  sublease  dated  August
[first,  nineteen  hundred eighty] 1, 1980 between the urban development
corporation and the city, (b) the ground lease, dated  October  [thirti-
eth,  nineteen hundred seventy-two] 30, 1972, between the urban develop-
ment corporation and North Town Phase II Houses, Inc.,  (c)  the  ground
lease,  dated  April  [twenty-fifth, nineteen hundred seventy-three] 25,
1973, between the urban development corporation and North Town Phase III
Houses, Inc., [and] (d) the restated ground lease, dated November [thir-
tieth, nineteen hundred  seventy-seven]  30,  1977,  between  the  urban
development  corporation  and  Rivercross  Tenants' Corporation, (E) THE
GROUND LEASE BETWEEN THE CORPORATION AND MANHATTAN PARK DATED AUGUST  4,
1986,  (F)  THE  GROUND  LEASE  BETWEEN  THE CORPORATION AND RELATED AND
HUDSON COMPANIES DATED DECEMBER 21, 2001, (G) THE SUBLEASE  BETWEEN  THE
CORPORATION  AND  MEPT  OCTAGON, LLC DATED NOVEMBER 3, 2004, AND (H) ALL
OTHER RELATED LEASES.
  5. "Division" shall mean the New York state division  of  housing  and
community renewal.
  6.  "Lease"  shall mean the lease, dated December [twenty-third, nine-
teen hundred sixty-nine] 23, 1969, as heretofore or  hereafter  amended,
among  the city of New York, the New York state urban development corpo-
ration and the Roosevelt Island  development  corporation,  pursuant  to
which  the  city leased substantially all of Roosevelt Island to the New
York state urban development corporation for  development  substantially
in accordance with the development plan referred to therein.
  7. "Roosevelt Island" shall mean the island located in the East River,
city  and  county  of  New  York,  extending from approximately fiftieth
street to eighty-sixth street in Manhattan.
  8. "Safe affordable housing for everyone, inc."  shall  mean  the  New
York  corporation  organized  under  article  [six-A] 6-A of the private
housing finance law and under the supervision and control of the commis-
sioner.
  9. "Tramway franchise" shall mean  the  franchise  for  the  Roosevelt
Island  tramway granted by the city to the urban development corporation
on February [nineteenth, nineteen hundred seventy-four] 19, 1974.
  10. "Urban development corporation" shall  mean  the  New  York  state
urban development corporation AND ANY SUCCESSOR AGENCY.

S. 5293                             3                            A. 7409

  S  3.  ESTABLISHMENT OF THE CORPORATION; ORGANIZATION OF THE BOARD. 1.
To effectuate the purposes and provisions of this act, there  is  hereby
created  the  "Roosevelt Island operating corporation", which shall be a
body corporate and politic constituting a public benefit corporation and
a political subdivision of the state of New York.
  2. The board of directors of the corporation shall be composed of nine
members.  One  member  shall be the commissioner, who shall serve as the
chair; one member shall be the director of the budget; and seven  public
members  shall  be appointed by the governor with the advice and consent
of the senate. Of the seven public members, two  members,  one  of  whom
shall  be  a  resident  of Roosevelt Island, shall be appointed upon the
recommendation of the mayor of the city;  and  four  additional  members
shall  be  residents  of Roosevelt Island. Each member shall serve for a
term of four years and until  his  or  her  successor  shall  have  been
appointed  and shall have qualified, except that [(a) two of the initial
public members appointed by the governor, one of whom is a  resident  of
Roosevelt  Island,  and  the  Roosevelt Island resident member appointed
upon the recommendation of the mayor of the city shall serve  for  terms
of  two  years  each,  and (b)] the commissioner and the director of the
budget shall serve so long as they continue  to  hold  their  respective
offices.  Any  action taken by the directors of the corporation shall be
taken by majority vote of the directors  then  in  office.  The  elected
public officials who represent Roosevelt Island shall be representatives
to  the board of directors of the corporation entitled to receive notice
of and attend all meetings of such board AND BE PROVIDED WITH ALL INFOR-
MATION RECEIVED BY THE MEMBERS FOR ALL AGENDA ITEMS  but  shall  not  be
entitled  to vote. Failure to give such notice shall not [effect] AFFECT
the validity of any action taken at a meeting of such board.  ALL  MEET-
INGS  OF  THE  BOARD OF DIRECTORS OR ANY COMMITTEE OF THE BOARD SHALL BE
SUBJECT TO THE OPEN MEETINGS LAW.
  3. The governor may fill any vacancy which  occurs  on  the  board  of
directors  of  the  corporation in a manner consistent with the original
appointment. Any member of the corporation may be removed by the  gover-
nor  for cause, but not without an opportunity to be heard, in person or
by counsel, in his OR HER defense, upon not less than ten days'  written
notice.
  4.  The commissioner and the director of the budget may each designate
an officer or employee of his OR HER respective  division  to  represent
such member at meetings of the corporation. Such designation shall be by
written  notice  filed with the [chairman] CHAIR or the secretary of the
corporation by the member making the designation, and may be revoked  at
any  time by similar notice. Any representative so designated shall have
the power to attend and to vote at any meeting of the  corporation  from
which  the  member  making the designation is absent with the same force
and effect as if the member making  the  designation  were  present  and
voting.  No  such designation shall limit the right of the member making
the designation to attend and vote in  person  at  any  meeting  of  the
corporation.
  5.  A  member  of the corporation who is not an officer or employee of
the state or the city shall not receive a salary or other  compensation,
but shall be entitled to reimbursement for actual and necessary expenses
incurred  in the performance of official duties as a member. A member of
the corporation who is not an officer or employee of the  state  or  the
city  may  engage in private employment, or in a profession or business,
unless otherwise prohibited by law from doing  so.  Notwithstanding  any
other  provision  of  law,  general,  special,  or  local, no officer or

S. 5293                             4                            A. 7409

employee of the state or any civil division thereof shall be  deemed  to
have  forfeited,  or  shall forfeit such office of employment because of
acceptance of membership in the corporation, or by virtue  of  being  an
officer, employee or agent thereof.
  S  4.  POWERS  OF  THE  CORPORATION. The corporation's powers shall be
limited to carrying out the development,  management  and  operation  of
Roosevelt Island. In carrying out such development, management and oper-
ation, the corporation shall have the power to:
  1. Sue and be sued;
  2. Have a seal and alter the same at pleasure;
  3. Make and alter by-laws for its organization and internal management
and  make  rules  and  regulations governing the use of its property and
facilities;
  4. Make and execute contracts and all other instruments  necessary  or
convenient  for the exercise of its powers and functions under this act;
PROVIDED, HOWEVER, THAT THE CORPORATION SHALL  BE  CONSIDERED  A  CORPO-
RATION  AS  THAT  TERM IS USED IN SECTION 2879 OF THE PUBLIC AUTHORITIES
LAW;
  5. Acquire in the name of the corporation by purchase, grant or  gift,
or  by  the  exercise  of  the  power  of eminent domain pursuant to the
eminent domain procedure law, or otherwise, real or  personal  property,
or  any  interest therein deemed necessary or desirable for the develop-
ment, management or operation of Roosevelt  Island,  including,  without
limitation, leasehold interest, air and subsurface rights, easements and
lands  under  water  at  the  site of Roosevelt Island or in the general
vicinity thereof, and to subject such property or interest therein to  a
purchase money or other lien or security interest in connection with the
acquisition and development thereof, provided that the corporation shall
have no authority or power to issue any notes, bonds or other debt obli-
gations,  whether for the purpose of financing the development of Roose-
velt Island or otherwise;
  6. Hold and dispose of real or personal  property  for  its  corporate
purposes;
  7.  Appoint officers, agents and employees, prescribe their duties and
fix their compensation in accordance with a  staffing  and  compensation
plan submitted to and approved by the director of the budget;
  8.  Engage the services of private consultants on a contract basis for
rendering professional and technical assistance advice;
  9. Procure insurance against any loss in connection  with  its  activ-
ities,  properties and other assets, in such amount and from such insur-
ers as it deems desirable;
  10. Charge and collect fees, rents and other charges for the occupancy
or other use of real or personal property or facilities owned, operated,
managed or regulated by the corporation;
  11. Accept any gifts or grants of money or property, or  financial  or
other  aid  in  any form, from the federal government, the state, or the
city (or any instrumentality of any such government) or from  any  other
source  and,  subject to the provisions of this act and other applicable
law, to comply with any conditions of such assistance  and  execute  any
contracts or other instruments in connection therewith;
  12. Invest any funds of the corporation, or any other monies under its
custody  and  control not required for immediate use or disbursement, at
the discretion of the corporation, in obligations of the  state  or  the
United  States  government  or obligations the principal and interest of
which are guaranteed by the state or the United States government, or in
any other obligations in which the comptroller of the state  is  author-

S. 5293                             5                            A. 7409

ized  to  invest  pursuant  to  section  [ninety-eight]  98 of the state
finance law;
  13.  Enter  into such agreements with the state, the urban development
corporation and the city as the  parties  thereto  deem  appropriate  to
effectuate the provisions of this act;
  14.  Assume  and  perform  the obligations and responsibilities of the
urban development corporation under the lease,  the  tramway  franchise,
and  all other contracts, leases, and agreements heretofore entered into
by the  urban  development  corporation  relating  to  the  development,
management  and  operation  of  Roosevelt Island (except that the corpo-
ration shall not assume any of the rights, duties  and  responsibilities
of  the  urban development corporation in relation to any bonds or notes
issued, or mortgages or security agreements held, by the urban  develop-
ment  corporation  or  any  of its subsidiaries) and exercise all of the
rights of the urban development corporation with respect thereto; [and]
  15. SUPPLEMENT ANY OF THE  SERVICES  PROVIDED  BY  OTHER  GOVERNMENTAL
AGENCIES  IN  SUCH  A  WAY  THAT  WILL MAKE THE SERVICES TO RESIDENTS OF
ROOSEVELT ISLAND BETTER AND MORE COMPLETE THAN OTHERWISE POSSIBLE; AND
  16. Do and perform all other acts necessary or convenient to carry out
the foregoing in connection with the development, management  or  opera-
tion of Roosevelt Island.
  S  5.  RULES AND REGULATIONS; APPROVAL OF DEVELOPMENT PLAN AMENDMENTS;
APPLICABILITY OF LOCAL LAWS. 1.  The corporation shall  promulgate  such
rules  and regulations as it shall deem appropriate to provide an oppor-
tunity for residents of Roosevelt  Island  to  comment  upon  any  major
amendment  of  the  development plan for Roosevelt Island referred to in
the lease at a public hearing held prior to its adoption by  the  corpo-
ration.
  2. Any amendment of the development plan for Roosevelt Island referred
to  in  the  lease  shall  be  subject to the review and approval of the
director of the budget, and the corporation shall  not  enter  into  any
agreement for the design or construction of any improvement provided for
in any such amendment prior to such approval.
  3.  The requirements of all local laws, ordinances, codes, charters or
regulations shall be  applicable  to  the  construction,  alteration  or
improvement  of  any building or structure on Roosevelt Island, provided
that the corporation may, in lieu of such compliance, determine that the
requirements of the New York state uniform fire prevention and  building
code,  formulated by the state fire prevention and building code council
pursuant to article eighteen of the executive law, shall  be  applicable
to  such  work.  In the event of such compliance with the New York state
uniform fire prevention and building code, the city shall have no  power
to modify any drawings, plans or specifications for such work or for the
plumbing,  heating, lighting or other mechanical branches thereof, or to
require that any person, firm or corporation employed on any  such  work
perform  the same except as provided by such plans and specifications or
obtain any additional authority, approval, permit  or  certificate  from
the city in connection therewith.
  S  6.  POWERS  AND  DUTIES OF URBAN DEVELOPMENT CORPORATION; LEASE AND
TRAMWAY FRANCHISE. 1. The corporation shall perform all  obligations  of
the  urban  development  corporation  or  any  of  its subsidiaries with
respect to  the  development,  management  and  operation  of  Roosevelt
Island,  including,  without  limitation,  all  such obligations arising
under the lease and the tramway franchise.
  2. The urban development corporation, the division and the corporation
shall each use their best efforts to obtain any required consents to the

S. 5293                             6                            A. 7409

assignment of the lease and the tramway franchise from the urban  devel-
opment corporation to the corporation and to any other assumption by the
corporation  of  the obligations of the urban development corporation or
any of its subsidiaries under any other contracts, leases, agreements or
instruments  entered  into  by the urban development corporation, or any
such subsidiary, relating to the development, management or operation of
Roosevelt Island (other than any bonds or notes issued, or mortgages  or
security agreements held, by the urban development corporation or any of
its subsidiaries) and, upon obtaining such consents, the corporation and
the  urban  development corporation shall enter into such agreements and
take such actions as shall be necessary to effectuate  such  assignments
and  assumptions, provided that in order to permit the urban development
corporation to recover the investment which it has  heretofore  made  in
the  development  of  Roosevelt  Island,  such  agreements shall provide
appropriate assurances satisfactory to the urban development corporation
(a) for the prompt payment directly to the urban development corporation
of (i) all sums from time to time due from lessees under the development
subleases and (ii) all sums received by the corporation from the city in
connection with the termination of the lease, and (b) for  the  amending
or  supplementing  of  the  development subleases to the extent, if any,
necessary to protect the rights of the holders of any mortgages  on  the
leasehold  interests  created  thereunder. Nothing in this act shall (a)
constitute or authorize an assignment by the  urban  development  corpo-
ration  (or any subsidiary thereof) of any mortgage or security interest
held by the urban development corporation (or any  such  subsidiary)  on
any real or personal property or interest therein on Roosevelt Island or
any  rights  or obligations of the urban development corporation (or any
such subsidiary) arising under any such mortgage or security  agreement,
(b)  relieve the urban development corporation of any of its obligations
under any bonds heretofore issued by the urban development  corporation,
or (c) otherwise affect the interests of the holders of any such bonds.
  3.  All  revenues  (other  than state appropriations) derived from the
contracts, leases, agreements or instruments assigned to or  assumed  by
the  corporation  pursuant  to  subdivision two of this section shall be
applied first to the payment of those obligations assigned to or assumed
by the corporation.
  4. The urban development corporation and the  corporation  are  hereby
authorized  to  enter  into  such agreements with the city as the corpo-
ration shall determine to be appropriate to amend, reform or  supplement
the  lease  (including the development plan referred to therein) and the
tramway franchise in order to carry out the purposes of  this  act.  The
provisions  of  any  general,  special or local law notwithstanding, the
city is hereby authorized[, upon the approval of the board  of  estimate
of the city,] to enter into any such agreements with the corporation and
the urban development corporation.
  S  7.  EQUAL  EMPLOYMENT  OPPORTUNITIES.  1. The corporation shall not
discriminate against employees or applicants for employment  because  of
race, creed, color, national origin, sex, SEXUAL ORIENTATION, age, disa-
bility  or  marital  status,  and will undertake or continue programs of
affirmative action to ensure that minority group persons and  women  are
afforded  equal  employment  opportunity  without  discrimination.  Such
action shall be taken with reference, but not be  limited,  to  recruit-
ment, employment, job assignment, promotion, upgrading, demotion, trans-
fer,  layoff,  termination,  rate of pay or other forms of compensation,
and selections for training or retraining, including apprenticeship  and
on-the-job training.

S. 5293                             7                            A. 7409

  2.  The corporation shall request each employment agency, labor union,
or authorized representative of workers with which it has  a  collective
bargaining  or  other  agreement  or understanding, to furnish a written
statement that such employment agency,  labor  union  or  representative
shall  not  discriminate because of race, creed, color, national origin,
sex, SEXUAL ORIENTATION, age, disability or marital status and that such
union or representative will cooperate  in  the  implementation  of  the
corporation's obligations hereunder.
  3. The corporation shall state, in all solicitations or advertisements
for employees placed by or on behalf of the corporation, that all quali-
fied  applicants  will  be afforded equal employment opportunity without
discrimination because of race,  creed,  color,  national  origin,  sex,
SEXUAL ORIENTATION, age, disability or marital status.
  4.  The  corporation  shall  seek meaningful participation by minority
business enterprises in  the  programs  of  the  corporation  and  shall
actively and affirmatively promote and assist their participation in the
corporation's programs, so as to facilitate the award of a fair share of
contracts  to  such enterprises. For purposes hereof, "minority business
enterprise" shall  mean  any  business  enterprise  which  is  at  least
[fifty-one]  51  per  centum  owned by, or in the case of publicly owned
business, at least [fifty-one] 51 per centum of the stock  of  which  is
owned by, citizens or permanent resident aliens who are Black, Hispanic,
Asian,  American  Indian  or women, and such ownership interest is real,
substantial and continuing.
  S 8. [a.] NOTICE OF CLAIMS. 1. The  state  shall  indemnify  and  hold
harmless the corporation, urban development corporation and safe afford-
able  housing for everyone, inc., and pursuant to section [seventeen] 17
of the public officers law, their  respective  officers,  directors  and
employees,  from and against any and all liability, claim, loss, damage,
suit or judgment and any and all costs and expenses (including, but  not
limited  to,  counsel  fees and disbursements) that such corporations or
their officers, directors or employees  may  suffer  or  incur,  whether
before  or after the date hereof, as a result of either (a) the develop-
ment, management or operation of Roosevelt Island or (b) the performance
or non-performance by the division of any of its obligations  or  duties
with  respect  to  Roosevelt  Island.  All  of the provisions of section
[seventeen] 17 of the public officers law  which  are  not  inconsistent
with  this section shall apply to the officers, directors, and employees
of such corporations, including the provisions relating to  the  defense
by  the  attorney general or private counsel of any civil action and the
payment of legal costs incurred in connection with the  defense  of  any
such  action. Any member, officer or employee of such corporations seek-
ing to be saved harmless or indemnified or to claim any  other  benefits
available  pursuant  to  this  section  or section [seventeen] 17 of the
public officers law shall comply with  the  procedural  requirements  of
such section [seventeen] 17. As used in this section the terms "member",
"officer"  and  "employee"  shall  include  a  former member, officer or
employee, his estate or judicially appointed personal representative.
  2. A notice of claim, served in  accordance  with  the  provisions  of
section  [fifty-e]  50-E of the general municipal law, shall be a condi-
tion precedent to the commencement of an action against the corporation,
its officers, directors and employees. No such action shall be commenced
more than one year after it has accrued, except that an  action  against
the  corporation for wrongful death shall be commenced within the notice
of claim and time limitation provisions of title [eleven] 11 of  article
[nine] 9 of the public authorities law.

S. 5293                             8                            A. 7409

  [b.  1.]  3.  Notwithstanding  the  provisions of section [one hundred
thirteen] 113 of the retirement and social security law  and  any  other
general,  special  or  local  law, the Roosevelt Island operating corpo-
ration shall provide to persons employed by the Roosevelt Island operat-
ing  corporation  any  retirement,  disability,  death or other benefits
provided or required pursuant to any agreement with  a  labor  union  of
which  its  employees  are  members,  and the Roosevelt Island operating
corporation is hereby authorized to retroactively or in the future  make
such contributions as may be necessary to provide such benefits.
  [2.]  4.  For  purposes  of  the  retirement  and social security law,
persons employed by the Roosevelt Island operating  corporation  and  to
whom the Roosevelt Island operating corporation provides any retirement,
disability,  death and other benefits required pursuant to any agreement
with a labor union of which its employees are members, shall  be  deemed
not  to be employees of the Roosevelt Island operating corporation. Such
other persons who are employees of the Roosevelt Island operating corpo-
ration as of the effective date of this act shall be eligible to receive
credit under the retirement and social security law for previous service
with the entities (or where applicable, their subsidiaries) made subject
to section [seventeen] 17 of the public officers law by subdivision  [a]
ONE of this section.
  S  9.  ANNUAL BUDGET AND REPORT. 1. On or before September [fifteenth,
nineteen hundred eighty-four] 15, 1984 and on each  September  fifteenth
thereafter,  the  [chairman]  CHAIR  of  the  corporation shall make and
deliver to the director of the budget for his OR HER review  a  proposed
budget  for the operation of the corporation for the next fiscal year of
the state. The [chairman] CHAIR of the corporation shall also deliver  a
copy  of  such  budget  to  the  [chairman]  CHAIR of the senate finance
committee and the [chairman]  CHAIR  of  the  assembly  ways  and  means
committee  at the same time that the budget is delivered to the director
of the budget. The budget shall include  the  total  amount  needed  for
corporate  purposes, including the funds required by the corporation for
operation of Roosevelt Island facilities and improvements, the source of
all funds that the corporation expects to receive and such other  infor-
mation  as  the director of the budget shall require. The governor shall
recommend in his OR HER annual budget such appropriations to the  corpo-
ration for its operations as he OR SHE deems necessary.
  2. The corporation shall submit to the director of the budget, [chair-
man]   CHAIR of the senate finance committee and [chairman] THE CHAIR of
the assembly ways and means committee, within ninety days after the  end
of its fiscal year, a complete and detailed report setting forth (a) its
operations  and  accomplishments,  and (b) its receipts and expenditures
during such fiscal year in accordance with  categories  and  classifica-
tions  established by the corporation, with the approval of the director
of the budget, for its operating and capital outlay purposes.
  S 10. FUTURE MANAGEMENT STUDY. The corporation shall [also] study  the
future operation and management of Roosevelt Island. Such study shall be
completed  by  December [thirty-first, nineteen hundred eighty-five] 31,
1985.
  S 10-a. Open space development prohibited. Notwithstanding  any  other
provision of this act, or any other law to the contrary, on or after the
effective  date  of this section, no further development or construction
for other than park purposes shall be permitted  on  any  real  property
which  is identified as open space areas in the general development plan
as amended May 10, 1990, AND AS SUBSEQUENTLY AMENDED,  and  approved  by
the  board  of  estimate  of the city of New York on August 17, 1990 and

S. 5293                             9                            A. 7409

referred to in the lease defined in subdivision six of  section  two  of
this  act,  and  on such real property shall remain open space areas for
the duration of  the  lease  unless  such  development  or  construction
includes the reconstruction, restoration, rehabilitation or preservation
of  the historic landmarks located in such open space areas and furthers
the use of the areas surrounding the historic landmarks  as  open  space
areas.  Open space areas, as used in this section shall INCLUDE, BUT NOT
be limited to Lighthouse [park] PARK, Octagon  [park]  PARK,  CAPOBIANCO
FIELD  AND  NEIGHBORING  PLAY AREAS, Blackwell [park] PARK, FIREFIGHTERS
FIELD, and South Point [park] PARK.
  S 11. LIABILITY FOR COMMUNITY OBLIGATIONS; TAX EXEMPTION. 1. The obli-
gations of the corporation shall not be debts  of  the  state,  and  the
state  shall  not  be  liable thereon, and such obligations shall not be
payable out of any funds other than those of the corporation.
  2. It is hereby found, determined and declared that  the  creation  of
the  corporation and the carrying out of its purposes is in all respects
for the benefit of the people of the state and is a public purpose,  and
that  the corporation will be performing an essential governmental func-
tion in the exercise of the powers conferred upon it by  this  act.  The
corporation  and  its  operations, property and moneys shall be free and
exempt from taxation of every kind by the city and  the  state  and  any
subdivision  thereof.  Except  as hereinabove provided and except as may
otherwise specifically be provided, nothing contained in this act  shall
confer  exemption from any tax, assessment or fee upon any person, firm,
corporation or other entity, or upon the obligations of any of them.
  3. ANY EXPENDITURES OF THE CORPORATION SHALL BE IN ACCORDANCE WITH THE
ADOPTED BUDGET OR A MODIFICATION APPROVED BY  THE  BOARD  OF  DIRECTORS.
EXPENDITURES  SHALL  BE  MADE  BY  CHECK,  DRAFT  OR OTHER ORDER FOR THE
PAYMENT OF MONEY, SIGNED AS PROVIDED BY THE BY-LAWS.
  S 12. DIVISION  OF  HOUSING  AND  COMMUNITY  RENEWAL;  ASSISTANCE  AND
SERVICES.  The corporation may from time to time request the division to
perform such services and render such technical assistance to the corpo-
ration with respect to  the  development,  management  or  operation  of
Roosevelt  Island  as  the corporation deems necessary or convenient and
may provide for the reimbursement to the division by the corporation  of
the  reasonable cost of such services. The division is hereby authorized
to perform such services and render such technical assistance as may  be
agreed  upon  between  the division and the corporation pursuant to this
section. In addition, the commissioner is hereby authorized to represent
the corporation in any negotiations with the city concerning  amendments
or  supplements to or reformations of the lease and tramway franchise as
contemplated by section six of this act.
  S 13. OPERATION OF MOTOR VEHICLES. In  addition  to  any  other  power
conferred  upon  it by this act, the corporation is hereby authorized to
prescribe rules and regulations governing the operation  (including  the
parking, standing or stopping) of vehicles on Roosevelt Island; provided
however, that such rules and regulations shall not UNREASONABLY restrict
access to any city facilities situated on Roosevelt Island nor unreason-
ably  restrict parking by city of New York employees, their visitors and
invitees IN THE  IMMEDIATE  VICINITY  OF  SUCH  CITY  FACILITIES.    The
violation  of  such  rules or regulations shall be an offense punishable
upon a first conviction thereof by a fine of not more  than  [fifty]  50
dollars,  upon  a second within a period of eighteen months by a fine of
not more than [one hundred fifty] 100  dollars,  and  upon  a  third  or
subsequent conviction thereof within a period of [eighteen] 18 months by
a  fine  of not more than [one hundred fifty] 150 dollars[, or by impri-

S. 5293                            10                            A. 7409

sonment for not more than thirty days, or by both  such  fine  and  such
imprisonment].  For  purposes  of enforcement and administration of such
rules and regulations, including but not limited to conferring jurisdic-
tion  with respect thereto upon the applicable courts and administrative
tribunals, all provisions of law relating to, and rules  or  regulations
of, the New York city department of transportation not inconsistent with
this act shall be applicable.
  S  14. SEPARABILITY OF PROVISIONS. If any section, clause or provision
of this act or the application thereof shall be adjudged  invalid,  such
judgment  shall  not  affect  or invalidate any other section, clause or
provision of this act.
  S 15. TRANSFER OF FUNDS. 1.  Notwithstanding  the  provisions  of  any
general  or  special  law,  the  director of the budget is authorized to
transfer to the corporation from funds appropriated to the division  for
the fiscal year beginning April [first, nineteen hundred eighty-four] 1,
1984,  the  amount  he  OR  SHE  determines  necessary  to carry out the
provisions of this act, including providing for Roosevelt  Island  oper-
ations, capital improvement program and any other appropriate management
expenses.
  2.  Notwithstanding  the  provisions of any general or special law, no
part of such appropriations shall be available for the  purposes  desig-
nated  until  a  certificate of approval of availability shall have been
issued by the director of the budget and a copy of such  certificate  is
filed  with  the  state  comptroller, the [chairman] CHAIR of the senate
finance committee and the [chairman] CHAIR  of  the  assembly  ways  and
means  committee.  Such  certificate  may  be amended from time to time,
subject to the approval of the director of the budget,  and  a  copy  of
each  such  amendment  shall  be  filed  with the state comptroller, the
[chairman] CHAIR of the senate  finance  committee  and  the  [chairman]
CHAIR of the assembly ways and means committee.
  S  16.  This  act shall take effect [thirty days] ON THE THIRTIETH DAY
after it shall have become a law.
  S 2. This act shall take effect immediately.

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