2005-06 Budget - Article 7 Bill s993


                STATE OF NEW YORK
        ________________________________________________________________________

           S. 993                                                   A. 1923
 
                SENATE - ASSEMBLY
 
                                    January 21, 2005
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when printed to be committed to the Committee on Finance
 
        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee on Ways and Means
 
        AN  ACT  to amend chapter 728 of the laws of 1982 and chapter 710 of the
          laws of 1983 amending the executive law relating to community services
          block grants programs, in relation to the effectiveness of such  chap-
          ters  (Part A); to amend the racing, pari-mutuel wagering and breeding
          law, the tax law, the agriculture and markets law and the  penal  law,
          in  relation  to  regulation of gaming activities and horse racing and
          breeding within the state,  and  to  revise  the  amount  of  the  fee
          assessed  for regulatory activities; to amend the tax law, in relation
          to video lottery gaming; and  to  repeal  certain  provisions  of  the
          racing,  pari-mutuel  wagering  and breeding law relating to the state
          racing and wagering board, capital investment fund and horse  breeding
          and  development  funds  and section 1617-a of the tax law relating to
          video lottery gaming (Part B); to amend the insurance law, in relation
          to increasing the service of process fee (Part C); to amend the  envi-
          ronmental  conservation  law  and  the  vehicle  and  traffic  law, in
          relation to the use of all terrain vehicles on certain  public  lands,
          providing  for state assistance payments for all terrain vehicle trail
          development and maintenance fund and the enforcement of the  operation
          of  all  terrain  vehicles  and  registration  of such vehicles and to
          repeal subdivision 12 of section 2282 of the vehicle and  traffic  law
          relating  to  out  of state registration of all terrain vehicles (Part
          D); 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 such provisions (Part E); to amend the insurance
          law, in relation to increasing the licensing fees for certain  agents,
          brokers and reinsurance intermediaries (Part F); to amend the agricul-
          ture  and  markets  law,  in  relation to the powers and duties of the
          department of agriculture and markets  with  respect  to  retail  food
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12173-01-5
        S. 993                              2                            A. 1923
 
          stores  and food establishments (Part G); to amend the agriculture and
          markets law, in relation to maximum penalties (Part H); to provide for
          the utilization of utility assessment funds (Part I); to authorize the
          New  York state urban development corporation, the dormitory authority
          of the state of New York, the  environmental  facilities  corporation,
          the New York state housing finance agency and the thruway authority to
          issue  bonds or notes in support of the New York sports and convention
          center (Part J); to authorize the dormitory authority of the state  of
          New  York  to provide funding for the Cornell University theory center
          (Part K); to amend the agriculture and markets law, in relation to the
          powers and duties of the department of agriculture  and  markets  with
          respect  to  the  inspection  of  pet dealers' facilities (Part L); to
          amend the environmental conservation law,  in  relation  to  operating
          permit program fees (Part M); to provide for the utilization of utili-
          ty  assessment  funds  (Part N); to authorize the New York state urban
          development corporation, the dormitory authority of the state  of  New
          York,  the  environmental  facilities  corporation, the New York state
          housing finance agency and the thruway authority  to  issue  bonds  or
          notes  in support of priority high technology and economic development
          projects (Part O); to amend the  environmental  conservation  law,  in
          relation  to extending pesticide registration time frames and fees; to
          amend chapter 67 of the  laws  of  1992,  amending  the  environmental
          conservation law relating to pesticide product registration timetables
          and  fees, in relation to the effectiveness of such provisions; and to
          repeal section 33-0706 of the environmental conservation law  relating
          thereto  (Part  P); to amend chapter 393 of the laws of 1994, amending
          the New York state urban development corporation act, in  relation  to
          the effectiveness thereof (Part Q); to amend the environmental conser-
          vation  law  and  the  state  finance  law,  in relation to freshwater
          wetlands and to repeal certain provisions of the environmental conser-
          vation law relating thereto, and to repeal title 11 of article  24  of
          the   environmental  conservation  law,  relating  to  the  freshwater
          wetlands appeals board (Part R); to amend the state finance  law,  the
          environmental conservation law and the tax law, in relation to expand-
          ing  the  purposes  for which the environmental protection fund can be
          used, in relation to municipal landfill  closure  projects  and  state
          assistance  payments for beneficial end-uses and land fill gas manage-
          ment systems, in relation to  establishing  an  environmental  justice
          technical  assistance  grant program, in relation to municipal assist-
          ance for quality communities projects, and in relation to allowing for
          additional deposits to be made to the environmental  protection  fund;
          and  to  repeal  certain  provisions of the state finance law relating
          thereto (Part S); and to provide for the transfer of moneys  from  the
          New York state energy research and development authority (Part T)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  which are necessary to implement the state fiscal plan for the 2005-2006
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through T. The effective date for each  particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing  the  effective date of the Part, which makes reference to a section
        S. 993                              3                            A. 1923
 
     1  "of this act", when used in connection with that  particular  component,
     2  shall  be  deemed  to mean and refer to the corresponding section of the
     3  Part in which it is found. Section three of  this  act  sets  forth  the
     4  general effective date of this act.
 
     5                                   PART A
 
     6    Section  1. Section 5 of chapter 728 of the laws of 1982, amending the
     7  executive law relating to community services block  grant  programs,  as
     8  amended  by  section  1 of part C of chapter 411 of the laws of 1999, is
     9  amended to read as follows:
    10    § 5. This act shall take effect immediately  provided,  however,  that
    11  section  four  hereof  shall  take  effect  October 1, 1982 and provided
    12  further, however, that the provisions of sections two, three and four of
    13  this act shall be in full force and effect only until September 30, 1983
    14  [and section one of this act shall be in full  force  and  effect  until
    15  September  30,  2004,  provided, however, that the distribution of funds
    16  pursuant to section 159-i of the executive law shall be limited  to  the
    17  federal fiscal year expressly set forth in such section].
    18    § 2. Section 7 of chapter 710 of the laws of 1983, amending the execu-
    19  tive law relating to community services block grant programs, as amended
    20  by section 2 of part C of chapter 411 of the laws of 1999, is amended to
    21  read as follows:
    22    §  7.  This  act shall take effect September 30, 1983 [and shall be in
    23  full force and effect only until September 30, 2004 at  which  time  the
    24  amendments  and  additions  made  pursuant to the provisions of this act
    25  shall be deemed to be repealed, provided, however, that the distribution
    26  of funds pursuant to section 159-i of the executive law shall be limited
    27  to the federal fiscal year expressly set forth in such section].
    28    § 3. This act shall take effect immediately and  shall  be  deemed  to
    29  have been in full force and effect on and after September 30, 2004.
 
    30                                   PART B
 
    31    Section  1.  Short  title. This act shall be known and may be cited as
    32  the "Gaming Reform Act of 2005".
    33    § 2. Articles 1 and 2-A of the racing, pari-mutuel wagering and breed-
    34  ing law are REPEALED and a new article 1 is added to read as follows:
    35                                  ARTICLE I
    36                         SUPERVISION AND REGULATION
    37  Section 100. Legislative intent.
    38          101. Definitions.
    39          102. New York state gaming commission.
    40          103. Organization and divisions.
    41          104. Powers and duties of the commission.
    42          105. Quorum.
    43          106. Salary and expenses.
    44          107. Conflicts prohibited.
    45          108. Certain restrictions on wagering.
    46          109. Supplementary regulatory powers of the commission.
    47          110. Statement of stockholders to be filed.
    48          111. Compulsive gambling assistance.
    49          112. Pari-mutuel operations;  filing  of  tax  forms  and  other
    50                statistics.
    51          113. Filing  of pari-mutuel tax returns or reports by electronic
    52                means.
        S. 993                              4                            A. 1923
 
     1          114. Practice and procedure.
     2          115. Regulatory fees.
     3          116. Penalties.
     4          117. Transfer of functions.
     5          118. Transfer of employees.
     6          119. Transfer of records.
     7          120. Continuity of authority.
     8          121. Completion of unfinished business.
     9          122. Continuation of rules and regulations.
    10          123. Terms occurring in laws, contracts and other documents.
    11          124. Existing rights and remedies preserved.
    12          125. Pending actions or proceedings.
    13          126. Transfer of appropriations heretofore made.
    14          127. Transfer of assets and liabilities.
    15          128. Promulgation of rules and regulations.
    16          129. Construction of other laws or provisions.
    17    §  100. Legislative intent.  The continued growth of the gaming indus-
    18  try will contribute to economic development and  job  creation  in  this
    19  state.  Therefore, it is essential to maintain the public confidence and
    20  trust in the credibility and integrity of legalized  gaming  activities.
    21  To  ensure  such public confidence and trust, this article provides that
    22  the regulation of such gaming is to be conducted in the  most  efficient
    23  and effective manner possible. By consolidating various regulatory func-
    24  tions  into  a  single  oversight agency with broad powers, this article
    25  ensures strict state regulation of all  corporations,  associations  and
    26  persons engaged in horse racing and gaming activity. Further, by consol-
    27  idating  regulatory  functions  into  a single agency, this article will
    28  increase efficiency, reduce costs and eliminate any  unnecessary  redun-
    29  dancies  in regulation. The improved regulatory structure established by
    30  this article will insure,  so  far  as  practicable,  the  exclusion  of
    31  unsuitable  persons  or  entities  from  participating  in any legalized
    32  gaming activity within this state. The goal  of  this  article  is  that
    33  horse  racing  and  gaming activity in this state will be of the highest
    34  integrity, credibility and quality and that the best  interests  of  the
    35  public,  both  gaming  and  non-gaming,  will  be served. Finally, it is
    36  determined by the legislature that the public interest is best served by
    37  those persons or entities engaged in gaming activity paying the cost  of
    38  regulating such activity through reasonable regulatory fees.
    39    § 101. Definitions. As used in this article, the following terms shall
    40  have the following meanings:
    41    1.  "Public  officer" shall mean every elected state and local officer
    42  and every other state and local officer, as defined in  section  two  of
    43  the public officers law, whose duties relate to gaming activities or the
    44  taxation  thereof, who is required to devote all or substantially all of
    45  his or her time to the duties of his or her office for which he  or  she
    46  receives  compensation  or  if  employed  on  a part time or other basis
    47  receives compensation in excess of twelve thousand dollars per annum,  a
    48  member  or  officer  of  the  state  legislature, the commission, or any
    49  regional off-track betting corporation, or a member of a local  legisla-
    50  tive body.
    51    2.  "Public employee" shall mean every person employed by the state or
    52  any municipality or other political subdivision thereof or  by  a  local
    53  legislative body, other than a public officer defined in subdivision one
    54  of  this  section, who is required to devote all or substantially all of
    55  his or her time to the duties of his or her employment for which  he  or
    56  she  receives compensation, or if employed on a part time basis receives
        S. 993                              5                            A. 1923
 
     1  compensation in excess of twelve  thousand  dollars  per  annum,  or  an
     2  employee of the state legislature or an employee of the commission.
     3    3. "Party officer" shall mean the following members or officers of any
     4  political party:
     5    (a) a member of a national committee;
     6    (b)  a  chairperson, vice-chairperson, secretary, treasurer or counsel
     7  of a state committee, or member of the executive committee  of  a  state
     8  committee;
     9    (c) a county leader, chairperson, vice-chairperson, counsel, secretary
    10  or treasurer of a county committee.
    11    4. "Local legislative body" shall mean the legislative body of a coun-
    12  ty;  the  council,  common council or board of aldermen and the board of
    13  estimate, the board of estimate and apportionment or board  of  estimate
    14  and  contract,  if there be one, of a city; the town board of a town and
    15  the village board of a village.
    16    5. "Gaming activity" shall mean the conduct of any form  of  legalized
    17  gaming,  limited  to Class III gaming under the Indian Gaming Regulatory
    18  Act, 25 U.S.C. § 2701 et seq., pari-mutuel wagering, both  on-track  and
    19  off-track,  bingo  and  charitable  games  of  chance  and video lottery
    20  gaming.
    21    6. "Gaming service enterprise" shall mean  a  person  or  entity  that
    22  provides  a gaming facility with goods or services regarding the realty,
    23  construction, maintenance, or business of the gaming facility or related
    24  facility including, without  limitation,  junket  enterprises,  security
    25  businesses, gaming schools, manufacturers, distributors and servicers of
    26  gaming  devices  or  equipment,  garbage haulers, maintenance companies,
    27  food purveyors, and construction  companies,  or  any  other  enterprise
    28  which  purchases goods or services from or which does any other business
    29  with a gaming facility on  a  regular  or  continuing  basis;  provided,
    30  however,  that  non-gaming  vendors  operating  within certain fields of
    31  commerce may be excluded where such  a  vendor  establishes  that  their
    32  business is within one of the following exempt fields of commerce:
    33    (a)  Medical corporations, partnerships or sole proprietorships, where
    34  the officers, directors and owners are physicians licensed in New York;
    35    (b) Insurance companies licensed to transact business in New York;
    36    (c) Attorneys licensed to practice law in New York, including, without
    37  limitation, legal partnerships and legal professional corporations;
    38    (d) A New York or federally chartered financial institution;
    39    (e) New York public institutions of higher education;
    40    (f) Public utilities regulated by the New York  state  public  service
    41  commission;
    42    (g) Local, state and federal governmental agencies in New York;
    43    (h)  Professional  entertainers,  sports figures and other celebrities
    44  engaged by a gaming facility  to  appear  at  special  entertainment  or
    45  promotional  events,  and  their respective individual agents who do not
    46  otherwise provide services to  the  gaming  facility  on  a  regular  or
    47  continuing basis. This exemption is not available to promoters or agents
    48  that  provide  their  services  to  the  gaming facility on a regular or
    49  continuing basis; and
    50    (i) Advertising and media companies.
    51    Applicants for exemptions must submit documentary evidence in  support
    52  of  their request which demonstrates, to the satisfaction of the commis-
    53  sion, that the  applicant's  business  is  within  an  exempt  field  of
    54  commerce,  or  that  it  is  not  necessary  to license the applicant to
    55  protect the public interest, or accomplish the policies or  purposes  of
    56  the laws and regulations governing gaming activities within the state.
        S. 993                              6                            A. 1923
 
     1    7.  "Commission"  shall  mean  the  New  York  state gaming commission
     2  created pursuant to section one hundred two of this article.
     3    §  102.  New York state gaming commission.  1. There is hereby created
     4  within the executive department the New  York  state  gaming  commission
     5  which  shall  consist of five members appointed by the governor upon the
     6  advice and consent of the senate. The principal office of the commission
     7  shall be in the city of Albany and the commission  may  maintain  branch
     8  offices elsewhere within the state.
     9    2.  A  member  shall be designated as chairperson of the commission by
    10  the governor to serve in such capacity at the pleasure of  the  governor
    11  or until his or her term as a commission member expires, whichever first
    12  occurs.  The  members  shall serve on a full-time basis and be appointed
    13  for terms of five years; provided, however, that initial appointments to
    14  the commission shall be for terms as follows: (a)  one  member  for  two
    15  years;  (b)  one  member for three years; (c) one member for four years;
    16  (d) one member for five years; (e) one member for six years.  The chair-
    17  person and members shall not hold any  other  public  office  or  public
    18  employment  for which they receive compensation other than reimbursement
    19  for necessary travel or other expenses incurred in  the  performance  of
    20  the  duties  of  such  office  or  employment,  or engage in any private
    21  employment or in a profession or business; provided, however, that hold-
    22  ing stock or office  in  a  corporation  which  does  not  interfere  or
    23  conflict  with  the performance or proper discharge of his or her duties
    24  in the public interest shall not be deemed engagement in private employ-
    25  ment or a profession.
    26    3. Each member of the commission shall be  a  citizen  of  the  United
    27  States  and a resident of the state of New York. No member of the legis-
    28  lature or person holding any elective or appointive office in the feder-
    29  al, state or local government shall be eligible to serve as a member  of
    30  the  commission.  No more than three members may be enrolled in the same
    31  political party.
    32    4. The governor may remove any member of the  commission  for  ineffi-
    33  ciency, neglect of duty or misconduct in office after giving such member
    34  a  copy  of  the  charges against him or her and an opportunity of being
    35  publicly heard in person or by counsel in his or her own  defense,  upon
    36  not  less  than  ten  days  notice. If such member shall be removed, the
    37  governor shall file in the office of the department of state a  complete
    38  statement  of the charges made against such member, and his or her find-
    39  ings thereon, together with a complete record of the proceeding.
    40    § 103. Organization and divisions.    1.  The  commission  chairperson
    41  shall  establish  a  plan  of organization, and from time to time alter,
    42  such plan as he or she may deem expedient to fulfill the mission of  the
    43  commission  and  the  commission may incur expenses within the limits of
    44  funds available to it. The commission chairperson shall appoint an exec-
    45  utive director who shall serve at the pleasure of the commission  chair-
    46  person  and be responsible for the conduct of the administrative affairs
    47  of the commission.
    48    2. The commission chairperson shall establish and supervise five divi-
    49  sions to respectively carry out responsibilities relating to  the  regu-
    50  lation  and  enforcement of the following: (a) video lottery gaming, (b)
    51  charitable gaming, (c) Indian gaming pursuant to  tribal-state  compacts
    52  that  are  in  effect  pursuant  to the Indian Gaming Regulatory Act, 25
    53  U.S.C. § 2701, et seq., (d) horse racing and pari-mutuel  wagering,  and
    54  (e)  law enforcement.  Each such division shall be supervised by a divi-
    55  sion director who shall be appointed by the commission  chairperson  and
    56  serve  at  his  or her pleasure; provided, however, that the director of
        S. 993                              7                            A. 1923
 
     1  the division of law enforcement shall  serve  at  the  pleasure  of  the
     2  superintendent of state police.
     3    3.  The  division  of  law  enforcement  shall consist of state police
     4  investigators and personnel specializing in gaming investigation and law
     5  enforcement. The division shall be permanently assigned to  the  commis-
     6  sion  and  maintain  its principal office within the principal office of
     7  the commission and may establish and  maintain  branch  offices  at  any
     8  branch  office  established  and  maintained  by  the  commission. Addi-
     9  tionally, the  division  may  establish  and  maintain  offices  at  any
    10  licensed  gaming  facility or Indian gaming facility consistent with the
    11  terms of a tribal-state gaming compact that is in effect pursuant to the
    12  Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq. As  directed  by
    13  the  commission chairperson, and among other things, the division of law
    14  enforcement shall conduct fingerprinting and  background  investigations
    15  on  persons  and  entities engaged in gaming activity or gaming services
    16  enterprises within the state; ensure compliance with tribal-state gaming
    17  compacts that are in effect pursuant to  the  Indian  Gaming  Regulatory
    18  Act,  25  U.S.C. § 2701, et seq.; and engage in law enforcement activity
    19  at facilities wherein gaming activity is conducted,  including,  without
    20  limitation,  enforcement  of  the gaming laws of the state and the rules
    21  and regulations promulgated thereunder; provided, however, that  nothing
    22  herein  shall  impede or diminish the authority of the superintendent of
    23  state police to supervise the division, its investigators or personnel.
    24    § 104. Powers and duties of the commission.  The commission shall have
    25  the authority and responsibility:
    26    1. To have general jurisdiction  over  all  gaming  and  horse  racing
    27  activities  within the state and over the corporations, associations and
    28  persons engaged therein.
    29    2. To hear and decide promptly and in reasonable  order  all  license,
    30  registration,  certificate and permit applications, and causes affecting
    31  the granting, suspension,  revocation  or  renewal  thereof,  of  corpo-
    32  rations,  associations or persons engaged or seeking to engage in gaming
    33  activity or gaming services enterprises.
    34    3. To test and approve surveillance systems, games of  chance,  gaming
    35  devices  and,  in  consultation  with the division of the lottery, video
    36  lottery games.
    37    4. To monitor any corporation, association or person engaged in gaming
    38  or horse racing activity or gaming  service  enterprise  for  compliance
    39  with the state gaming laws, rules or regulations or directives or orders
    40  of the commission.
    41    5. To, at any time, examine the books, papers, records and accounts of
    42  any  corporation,  association  or  person  engaged  in gaming activity,
    43  whether licensed by the commission or not, or a  gaming  service  enter-
    44  prise  pursuant  to  a  license, registration, franchise, certificate or
    45  permit issued by the commission.
    46    6. To conduct investigations and hearings pertaining to violations  of
    47  the state gaming laws, rules and regulations. Each member of the commis-
    48  sion  and such officers, employees or agents of the commission as may be
    49  designated by the commission for such purpose shall have  the  power  to
    50  administer oaths and examine witnesses.
    51    7.  The  commission  may  issue  subpoenas  to  compel  attendance  of
    52  witnesses, and the production  of  reports,  books,  papers,  documents,
    53  correspondence  and  other evidence. In the event that a holder of fran-
    54  chise, license,  registration,  certificate  or  permit  issued  by  the
    55  commission  or the racing and wagering board fails to comply with such a
    56  subpoena, the commission may suspend or revoke such franchise,  license,
        S. 993                              8                            A. 1923
 
     1  registration,  certificate  or  permit upon providing the holder thereof
     2  with notice and an opportunity to be heard.
     3    8.  To  arbitrate  disputes  relating to any state franchise, license,
     4  registration, certificate or permit. Additionally, the commission  shall
     5  be authorized to require arbitration of, and to arbitrate disputes by or
     6  between  any  holder of franchise, license, registration, certificate or
     7  permit issued by the commission or the former racing and wagering board.
     8    9. To collect all license and registration fees imposed by state  law,
     9  or  rules  or  regulations promulgated thereto, and any payments from an
    10  Indian nation or tribe under the terms of a tribal-state compact that is
    11  in effect pursuant to the  federal  Indian  Gaming  Regulatory  Act,  25
    12  U.S.C. § 2701, et seq.
    13    10.  To  levy  and  collect  civil  penalties and fines payable to the
    14  state's general fund for any violation of the state gaming  laws,  rules
    15  or regulations.
    16    11. To be present through its inspectors and agents at any race track,
    17  casino,  gaming facility, charitable gaming organization or simulcasting
    18  facility for the purpose of certifying the  revenue  thereof,  receiving
    19  complaints  from the public relating to the conduct of gaming and simul-
    20  cast wagering activities, examining records of revenues and  procedures,
    21  and  conducting  periodic  reviews  of  operations  and  facilities  for
    22  purposes of evaluating any current or suggested provision of  law,  rule
    23  or regulation.
    24    12. To ensure compliance with tribal-state gaming compacts that are in
    25  effect pursuant to the federal Indian Gaming Regulatory Act, 25 U.S.C. §
    26  2701, et seq.
    27    13.  To refer to the division of law enforcement or other law enforce-
    28  ment agency of competent jurisdiction any evidence  of  a  violation  of
    29  law.
    30    14.  To,  within its discretion, cause background investigations to be
    31  conducted by the division of law enforcement  on  any  applicant  for  a
    32  license,  registration, certificate, permit or approval. Notwithstanding
    33  any other provision of law, the commission shall be  granted  access  to
    34  the  criminal  history  records  of  the  division  of  criminal justice
    35  services, pursuant to subdivision eight-a of section eight hundred thir-
    36  ty-seven of the executive law, in connection with executing the  respon-
    37  sibilities  of  the  commission  relating  to the regulation, oversight,
    38  licensing, permitting or certification, including fingerprinting, crimi-
    39  nal history record checks and background investigations  of  persons  or
    40  entities  applying  to  engage  in  gaming  activities or gaming service
    41  enterprises. At the request of the commission, the division of  criminal
    42  justice  services  shall  submit  a  fingerprint  card,  along  with the
    43  subject's processing fee, to the federal  bureau  of  investigation  or,
    44  where  appropriate, the Royal Canadian Mounted Police for the purpose of
    45  conducting a criminal history search and returning a report thereon. The
    46  commission shall also be  granted  access  to  any  information  in  the
    47  possession  of  the state attorney general or department of taxation and
    48  finance relating to  the  investigation  of  organized  crime,  gambling
    49  offenses,  revenue crimes or tax evasion by persons or entities applying
    50  to engage in gaming activities or gaming service enterprises.
    51    15. To keep a full and faithful record of its proceedings.
    52    16. To operate, or immediately appoint or contract with an independent
    53  third party to operate, any facility subject to licensure by the commis-
    54  sion on an interim basis in the event  that  the  licensed  operator  or
    55  operators  of  such  facility  discontinues operations due to financial,
    56  regulatory or any other circumstances, including, but  not  limited  to,
        S. 993                              9                            A. 1923
 
     1  license  revocation,  relinquishment  or  expiration, and the commission
     2  determines that it would further the public interest  to  continue  such
     3  operations.  Such operation shall be on a temporary basis, not to exceed
     4  one  hundred  eighty  days,  until  such time as a permanent operator is
     5  licensed and authorized to operate  such  facility;  provided,  however,
     6  that  the commission or its appointed third party operator may operate a
     7  facility for additional one hundred eighty day periods where necessary.
     8    17.  To,  whenever  it  deems  necessary  or  convenient,  enter  into
     9  contracts with any person or entity for technical or other assistance in
    10  the performance of its functions, powers and duties.
    11    18. To annually report to the governor its proceedings for the preced-
    12  ing  calendar  year  and any suggestions and recommendations as it shall
    13  deem desirable.
    14    19. To establish a program or programs to further develop and  promote
    15  the  growth  of  the  horse  breeding  and racing industries in New York
    16  state, in cooperation with the commissioner of agriculture and markets.
    17    20. To promulgate any rules and regulations that it deems necessary to
    18  carry out its responsibilities.
    19    § 105. Quorum.   A majority of  the  duly  appointed  members  of  the
    20  commission  shall  constitute  a  quorum and not less than a majority of
    21  such quorum may transact any business, perform any duty or exercise  any
    22  power of the commission.
    23    §  106.  Salary  and expenses.   1. The chairperson and members of the
    24  commission shall receive salaries in amounts equal to those  established
    25  by  paragraphs  (a)  and  (c)  of subdivision one of section one hundred
    26  sixty-nine of the executive law, respectively.
    27    2. Subject to the provisions of section one hundred eighteen  of  this
    28  article and approval by the director of the budget, the commission shall
    29  fix  the  compensation for its officers and employees within the amounts
    30  appropriated therefor.
    31    3. The members, officers and employees  of  the  commission  shall  be
    32  reimbursed for all actual and necessary traveling and other expenses and
    33  disbursements  incurred  or made by them in the discharge of their offi-
    34  cial duties.
    35    § 107. Conflicts prohibited.  1. Other than persons transferred pursu-
    36  ant to section one hundred eighteen of this article, no person shall  be
    37  appointed  to  or by or employed by the commission if, during the period
    38  commencing three years prior to appointment or employment,  said  person
    39  held  any  direct  or indirect interest in, or employment by, any corpo-
    40  ration, association or person engaged in gaming or horse racing activity
    41  or gaming service enterprise within the state. Prior to  appointment  or
    42  employment,  each  member,  officer  or employee of the commission shall
    43  swear or affirm that he or she possesses no interest in any  corporation
    44  or  association  holding a franchise, license, registration, certificate
    45  or permit issued by the commission or the  racing  and  wagering  board.
    46  During  the term of appointment or employment, every member, officer and
    47  employee of the commission, shall be held to the highest ethical  stand-
    48  ards and avoid any conflict of interest or appearance thereof. Thereaft-
    49  er,  no  member  or  officer  of the commission shall hold any direct or
    50  indirect interest in or be employed by any applicant or  by  any  corpo-
    51  ration,  association  or  person  holding a license, registration, fran-
    52  chise, certificate or permit issued by the commission or the racing  and
    53  wagering  board for a period of four years commencing on the date his or
    54  her membership with the commission terminates. Further, no  employee  of
    55  the commission may acquire any direct or indirect interest in, or accept
    56  employment within this state with, any applicant or any person holding a
        S. 993                             10                            A. 1923
 
     1  license,  registration,  franchise,  certificate or permit issued by the
     2  commission or the racing and wagering board for a period  of  two  years
     3  commencing at the termination of employment with the commission.
     4    2.  No  member,  officer, official or employee of the commission shall
     5  participate as an owner of a horse or otherwise as a contestant  in  any
     6  horse  race  at a race meeting which is under the jurisdiction or super-
     7  vision of the commission, or have  any  pecuniary  interest,  direct  or
     8  indirect,  in  the  purse,  prize, premium or stake contested for at any
     9  such horse race or in the operations of any licensee  or  franchisee  of
    10  the commission.  Participation as a contestant in any such horse race by
    11  a  member,  officer,  other  official  or  employee of the commission in
    12  violation of this prohibition shall terminate the term  of  his  or  her
    13  office  as a member, or his or her services as an officer or official or
    14  employee of the commission.
    15    3. All members, officers and policy making employees of the commission
    16  shall be subject to the provisions of the public  officers  law  and  be
    17  required  to  annually  file  a  financial disclosure statement with the
    18  state ethics commission.
    19    4. No member, officer or employee of the commission shall  wager  upon
    20  gaming  or  horse  racing  activity  subject  to  the supervision of the
    21  commission.
    22    5. No individual employed by an off-track betting corporation or  race
    23  track  licensed pursuant to this chapter as a pari-mutuel clerk, cashier
    24  or seller shall be permitted to wager upon gaming or horse racing activ-
    25  ity during any period of a day on which such person is employed in  such
    26  capacity.
    27    6.  No public officer or party officer shall hold any license from the
    28  commission.
    29    7. The following public employees  are  prohibited  from  holding  any
    30  direct or indirect interest in a license from the commission:
    31    (a)  an  employee  of  the  commission;  any director or employee of a
    32  regional off-track betting corporation employed in a management,  confi-
    33  dential  or supervisory capacity, provided, however, that, notwithstand-
    34  ing any other provision of law to the contrary, such director or employ-
    35  ee shall be required  to  apply  for  and  obtain  a  license  from  the
    36  commission for purposes of their position with off-track betting; or
    37    (b) an employee or member of the state legislature; provided, however,
    38  that  an employee of the state legislature whose duties in such position
    39  do not relate to gaming activities shall not be subject to the  prohibi-
    40  tions  of this section if he or she held a license from the former state
    41  racing and wagering board while employed by the state legislature  prior
    42  to July first, nineteen hundred eighty; or
    43    (c)  an  employee of any local legislative body whose duties relate to
    44  gaming activities; or
    45    (d) an employee of any state or  local  board,  agency,  authority  or
    46  other  state  or  local governmental body, the duties of which relate to
    47  gaming activities or the taxation thereof.
    48    8. No public officer, public employee or party officer shall:
    49    (a) own or hold, directly or  indirectly,  any  proprietary  interest,
    50  stock or obligation of any firm, association or corporation (i) which is
    51  licensed  by the commission to conduct gaming or horse racing activities
    52  or gaming service enterprise, or (ii)  which  conducts  its  occupation,
    53  trade,  or  business  at a racetrack at which pari-mutuel race meets are
    54  conducted or facility where gaming activity is conducted whether or  not
    55  a license is required, or (iii) which owns or leases to any enfranchised
    56  or  licensed association or corporation a racetrack at which pari-mutuel
        S. 993                             11                            A. 1923
 
     1  racing is conducted or facility where gaming activity is  conducted,  or
     2  (iv)  which  participates  in  the management of any franchise holder or
     3  licensee conducting gaming or horse racing activities or gaming  service
     4  enterprise; or
     5    (b) hold any office or employment with any firm, association or corpo-
     6  ration  specified  in  paragraph  (a)  of  this  subdivision,  except as
     7  provided in subdivision nine of this section; or
     8    (c) sell, or be a member of a firm, or own ten per centum or  more  of
     9  the  stock  of any corporation, which sells any goods or services to any
    10  firm, association or corporation specified  in  paragraph  (a)  of  this
    11  subdivision.
    12    9.  The  provisions  of  paragraph  (b)  of  subdivision eight of this
    13  section shall not apply to a public employee other than an  employee  of
    14  the  commission, a police officer or a peace officer employed by a sher-
    15  iff's office, district attorney's office or other  state  or  local  law
    16  enforcement  agency,  or those employees classified as management confi-
    17  dential employees pursuant to section two hundred fourteen of the  civil
    18  service  law who are employed by a state or local law enforcement agency
    19  or regional  off-track  betting  corporation;  provided,  however,  that
    20  employment  of employees of a political subdivision may be prohibited by
    21  ordinance, resolution or local law adopted by the local legislative body
    22  or other governing board of such political subdivision.
    23    10. The commission shall have the power  to  refuse  to  grant  or  to
    24  revoke  or  suspend  a license of any person, association or corporation
    25  which aids or knowingly permits or conspires to permit any public  offi-
    26  cer,  public employee or party officer to acquire or retain any interest
    27  prohibited by this section and shall have the power to exclude from  the
    28  grounds of any racing association any such person, association or corpo-
    29  ration.
    30    11. Notwithstanding any other provision of law, and in addition to any
    31  other cause of removal provided by law, an intentional violation of this
    32  section shall be cause for removal from public office, public employment
    33  or  party office. In any such case, such public officer, public employee
    34  or party officer violating this section shall be removed from office  by
    35  the  appropriate authority having the power of removal or at the suit of
    36  the attorney general. Further, such public officer, public  employee  or
    37  party  officer  shall  be liable to a civil penalty of not more than ten
    38  thousand dollars.
    39    § 108. Certain restrictions on wagering.  1. No  corporation,  associ-
    40  ation  or person which holds a license, registration, franchise, certif-
    41  icate or permit issued by the commission or racing  and  wagering  board
    42  shall directly extend credit for any wager under this chapter.
    43    2.  No corporation, association or person that holds a license, regis-
    44  tration, franchise, certificate or permit issued by  the  commission  or
    45  the racing and wagering board shall permit any person who is under eigh-
    46  teen  years  of age to bet on gaming activity, as defined in subdivision
    47  five of section one hundred one of this article.
    48    § 109. Supplementary regulatory powers of the  commission.    Notwith-
    49  standing  any  inconsistent provision of law, the commission through its
    50  rules and regulations or in allotting dates for racing, simulcasting  or
    51  in  licensing  race  meetings  at which pari-mutuel betting is permitted
    52  shall be authorized to permit racing at  which  pari-mutuel  betting  is
    53  conducted  on any or all dates from the first day of January through the
    54  thirty-first day of December, inclusive of Sundays.
    55    § 110. Statement of stockholders to be filed.   Every  corporation  or
    56  association  authorized  under  sections  two hundred twenty-two through
        S. 993                             12                            A. 1923
 
     1  seven hundred five of this chapter to conduct pari-mutuel betting  at  a
     2  race  meeting  or  races  run  thereat  shall file with the commission a
     3  statement giving the names and addresses of  all  its  stockholders  and
     4  shall  likewise  file revised statements giving such names and addresses
     5  from time to time as changes occur.
     6    § 111. Compulsive gambling assistance. 1. The commission shall cooper-
     7  ate with the commissioner of the  office  responsible  for  the  state's
     8  compulsive  gambling  program to ensure the posting of signs and listing
     9  of information on the internet and at facilities of each association  or
    10  corporation  licensed  or  enfranchised  by  the  commission designed to
    11  assist compulsive gamblers pursuant to the provisions of subdivision (g)
    12  of section 7.09 of the mental hygiene law.
    13    2. (a) The commission shall, by regulation, provide for the establish-
    14  ment of a list of persons by which people may voluntarily exclude  them-
    15  selves  from  entering  the  premises  of  an association or corporation
    16  licensed or enfranchised by the commission pursuant to this chapter. The
    17  regulations of the commission shall establish procedures for  placements
    18  on,  and  removals  from, the list of self-excluded persons.  Such regu-
    19  lations shall establish procedures for the transmittal to an association
    20  or  corporation  of  identifying  information  concerning  self-excluded
    21  persons,  and  shall  require  such  facilities  to establish procedures
    22  designed, at a minimum, to remove self-excluded  persons  from  targeted
    23  mailings  or  other forms of advertising or promotions and deny self-ex-
    24  cluded persons access, if otherwise permitted, to  credit,  complementa-
    25  ries,  check  cashing  privileges, club programs and other similar bene-
    26  fits.
    27    (b) An association or corporation licensed or enfranchised pursuant to
    28  this chapter shall not be liable to any self-excluded person or  to  any
    29  other  party in any judicial proceeding for any harm, monetary or other-
    30  wise, which may arise as a result of a self-excluded  person's  engaging
    31  in  gambling  activity  while  on the list of self-excluded persons, nor
    32  shall such association or corporation be  liable  to  any  self-excluded
    33  person  or  to  any other party in any judicial proceeding for any harm,
    34  monetary or otherwise, which may arise as  a  result  of  disclosure  or
    35  publication in any manner, other than a willfully unlawful disclosure or
    36  publication, of the identity of any self-excluded person.
    37    (c) No voluntary order or request to exclude persons from entering the
    38  premises  of  any  such  association,  corporation,  or  facility may be
    39  rescinded, canceled, or declared null and void until one  year  after  a
    40  request  has been received by such association, corporation, or facility
    41  to cancel such order or request.
    42    (d) Notwithstanding any other law to the  contrary,  the  commission's
    43  list  of  self-excluded  persons shall not be open to public inspection.
    44  Nothing in this paragraph, however, shall be construed to  prohibit  the
    45  commission or an association or corporation from disclosing the identity
    46  of  persons  self-excluded pursuant to this section to affiliated gaming
    47  entities in this state or other jurisdictions for the limited purpose of
    48  assisting in the proper administration of  responsible  gaming  programs
    49  operated by such gaming affiliated entities.
    50    3. The commission shall promulgate rules and regulations under which a
    51  person  with  an  account  authorized  pursuant  to section one thousand
    52  twelve of this chapter may voluntarily place limits on  the  amounts  of
    53  his  or  her  wagers  or potential wagers on a daily or weekly basis. No
    54  order from a person to remove any limit placed on  account wagers  shall
    55  be  effective  until seven days after it has been received by the entity
    56  conducting account wagering.
        S. 993                             13                            A. 1923
 
     1    4. (a) In addition to any other penalty provided by law, any money  or
     2  thing  or  value which has been obtained by, or is owed to, any self-ex-
     3  cluded person by an association or corporation as  a  result  of  wagers
     4  made  by  a prohibited person shall be subject to forfeiture by order of
     5  the commission following notice to the prohibited person and opportunity
     6  to be heard.
     7    (b)  Any  forfeited amount shall be deposited into the state's general
     8  fund for appropriation by the legislature to the  office  of  alcoholism
     9  and  substance  abuse  services to provide funds for compulsive gambling
    10  education and treatment programs.
    11    (c) In any proceeding brought by the commission against an association
    12  or corporation for a knowing violation of the  commission's  self-exclu-
    13  sion  regulations,  the  commission  may order, in addition to any other
    14  sanction authorized by law, the forfeiture of  any  money  or  thing  of
    15  value  obtained by the association or corporation from any self-excluded
    16  person. Any money or thing of value so forfeited shall be disposed of in
    17  the same manner as any money or thing of  value  forfeited  pursuant  to
    18  paragraph (b) of this subdivision.
    19    §  112.  Pari-mutuel operations; filing of tax forms and other statis-
    20  tics.  The commission and the commissioner of taxation and finance shall
    21  approve all systems used for data processing and communications  in  the
    22  operation  of pari-mutuel betting and, in its discretion, the commission
    23  may establish, by regulation, uniform protocols to be employed  for  the
    24  merging  of  wagers  deposited  with  one  pari-mutuel operator with the
    25  wagers deposited with another pari-mutuel operator.
    26    § 113. Filing of pari-mutuel tax  returns  or  reports  by  electronic
    27  means.    Every corporation or association authorized by this chapter to
    28  conduct pari-mutuel betting on horse races shall file in a timely manner
    29  pari-mutuel tax returns or other reports relating to  such  activity  in
    30  such  form  and  by  such  means,  including electronic means, as may be
    31  prescribed by  the  commission  or  the  commissioner  of  taxation  and
    32  finance,  as  the  case may be in accordance with the provisions of this
    33  chapter.
    34    § 114. Practice and procedure.  The provisions of article twenty-seven
    35  of the tax law, except sections one thousand eighty-five and  one  thou-
    36  sand  ninety-seven, shall apply to the provisions of this chapter in the
    37  same manner and with the same force and effect as  if  the  language  of
    38  such  article  had  been  incorporated in full into this chapter and had
    39  expressly referred to the admission taxes,  pari-mutuel  revenue  taxes,
    40  the  franchise  fee  on a non-profit racing association and unpaid money
    41  due on account of pari-mutuel tickets not presented, administered by the
    42  commissioner of taxation and finance,  under  this  chapter,  with  such
    43  modifications as may be necessary in order to adapt the language of such
    44  provisions to such taxes, fee and unpaid money due, except to the extent
    45  that  any  provision  of  such  article  is  either  inconsistent with a
    46  provision of this chapter or is not relevant to this chapter.
    47    § 115. Regulatory fees. 1.  In addition to any other  regulatory  fees
    48  imposed  by  this chapter, all persons and entities required to obtain a
    49  license, permit or approval or subject to regulation by  the  commission
    50  shall  submit to the commission fees in amounts and under such terms and
    51  conditions as are determined by the commission to be necessary to equit-
    52  ably defray the costs of regulating gaming activity  within  the  state;
    53  provided, however, that nothing herein shall authorize the commission to
    54  collect  any  assessment  relating  to an Indian gaming facility that is
    55  operated pursuant to a tribal-state gaming compact that  is  in  effect,
        S. 993                             14                            A. 1923
 
     1  except  as  provided  in such tribal-state gaming compact pursuant to 25
     2  U.S.C.  2701(d)(3)(C)(iii).
     3    2. Payment of the regulatory fees imposed shall be made to the commis-
     4  sion  by each entity required to make such payments on the last business
     5  day of each month and shall cover the fees due for the period  from  the
     6  sixteenth  day  of  the preceding month through the fifteenth day of the
     7  current month; provided, however, that all such payments required to  be
     8  made  on  March  thirty-first  shall  include  all fees due and accruing
     9  through the last full week of racing of the current year or as otherwise
    10  determined by the commission and shall be accompanied by a report, under
    11  oath, showing such information as the commission may require. A  penalty
    12  of  five percent, and interest at the rate of one percent per month from
    13  the date the report is required to be filed to the date of  the  payment
    14  of  the  fee  shall  be payable in case any fee imposed is not paid when
    15  due. If the commission determines that any regulatory fees  received  by
    16  it were paid in error, the commission may cause  the same to be refunded
    17  without  interest  out  of  any monies collected thereunder, provided an
    18  application therefor is filed with the commission within one  year  from
    19  the time the erroneous payment is made.
    20    3.  The  commission  or its duly authorized representatives shall have
    21  the power to examine or cause to be examined the books  and  records  of
    22  each  entity  required to pay the regulatory fee imposed for the purpose
    23  of examining and checking the same and ascertaining whether or  not  the
    24  proper  amount  or  amounts due are being paid. If in the opinion of the
    25  commission, after such examination, any such report  is  incorrect,  the
    26  commission  is  authorized  to  issue  an  assessment fixing the correct
    27  amount of such fee. Such assessments may be issued  within  three  years
    28  from  the  filing  of any report. Any such assessment shall be final and
    29  conclusive unless an application for a hearing is filed by the reporting
    30  entity within thirty days of the assessment. The action of  the  commis-
    31  sion  in making such final assessment shall be reviewable in the supreme
    32  court in the manner provided by and subject to the provisions of article
    33  seventy-eight of the civil practice law and rules.
    34    4. The commission shall submit to the director of the division of  the
    35  budget  an  annual  plan that details the amount of money the commission
    36  deems necessary to maintain its operations, compliance  and  enforcement
    37  of  duties.  Contingent upon approval of the director of the division of
    38  the budget, the commission shall pay into an account, to be known as the
    39  racing regulation account, under the joint custody  of  the  comptroller
    40  and  the  commission, the total amount of the regulatory fees collected.
    41  With the approval of the director of the budget, monies to  be  utilized
    42  to  maintain  operations  shall be paid out of such account on the audit
    43  and warrant of the comptroller on vouchers certified and approved by the
    44  director of the division of the budget or his  or  her  duly  designated
    45  official.
    46    §  116. Penalties.  Notwithstanding any inconsistent provision of law,
    47  any person or entity, whether licensed or not, other than a patron, that
    48  violates any provision of this chapter, or any rule, regulation or order
    49  promulgated thereto, or the terms and conditions of any license,  permit
    50  or approval issued thereunder, shall be liable to a civil penalty of not
    51  more  than twenty-five thousand dollars for each violation, and an addi-
    52  tional civil penalty of not more than twenty-five thousand  dollars  for
    53  each day during which such violation continues. Any civil penalty may be
    54  assessed  by  the  commission  following  a hearing or opportunity to be
    55  heard.
        S. 993                             15                            A. 1923
 
     1    § 117. Transfer of  functions.    All  of  the  functions  and  powers
     2  possessed  by  and  the  obligations and duties of the former racing and
     3  wagering board and  its  predecessors  are  hereby  transferred  to  the
     4  commission. Also, for purposes of concluding the business and satisfying
     5  any  and  all outstanding obligations of the former corporation known as
     6  the "state thoroughbred racing capital  investment  fund,"  all  of  the
     7  functions and powers possessed by and the obligations and duties of such
     8  corporation are hereby transferred to the commission, including, without
     9  limitation,  authorization  to  receive the franchise fee as provided to
    10  such corporation under section two hundred eight  of  this  chapter  and
    11  settle  any and all debts owed to the corporation on terms deemed by the
    12  commission to be reasonable and just. Further, the functions and  powers
    13  possessed  by  and  the  obligations  and  duties of the division of the
    14  lottery relating to the licensing and regulation of video lottery gaming
    15  pursuant to section sixteen hundred seventeen-a of the tax law are here-
    16  by transferred to the commission; provided, however, that nothing herein
    17  shall divest the division of the lottery of its authority and  responsi-
    18  bility to implement the operation of video lottery gaming.
    19    § 118. Transfer of employees. 1. Upon the transfer of functions to the
    20  commission  pursuant  to  this article, provision should be made for the
    21  transfer to the commission of such employees  of  the  division  of  the
    22  lottery,  former  racing and wagering board and former corporation known
    23  as the "state thoroughbred capital investment fund" who are  engaged  in
    24  carrying  out  such  functions  as  the chair of the commission may deem
    25  necessary for the exercise of the functions herein  transferred  to  the
    26  commission.  Employees so transferred shall be transferred in accordance
    27  with section seventy of the civil service  law.    For  the  purpose  of
    28  determining  the employees holding permanent appointments in competitive
    29  class positions to be transferred,  such  employees  shall  be  selected
    30  within  each  class of positions in the order of their original appoint-
    31  ment, with due regard to the right of preference in retention  of  disa-
    32  bled  and  non-disabled  veterans. Any such employee who, at the time of
    33  such transfer, has a  temporary  or  provisional  appointment  shall  be
    34  transferred  subject to the same right of removal, examination or termi-
    35  nation as though such transfer had  not  been  made.  Employees  holding
    36  permanent appointments in competitive class positions who are not trans-
    37  ferred  pursuant  to this section shall have their names entered upon an
    38  appropriate preferred list  for  reinstatement  pursuant  to  the  civil
    39  service law.
    40    2. A transferred employee shall remain in the same collective bargain-
    41  ing unit as was the case prior to his or her transfer; successor employ-
    42  ees  to the positions held by such transferred employees shall, consist-
    43  ent with the provisions of article fourteen of the civil service law, be
    44  included in the same unit as their predecessors.  Employees  other  than
    45  management or confidential persons as defined in article fourteen of the
    46  civil  service  law,  serving positions in newly created titles shall be
    47  assigned to the appropriate bargaining unit.  Nothing  contained  herein
    48  shall be construed to affect:
    49    (a) the rights of employees pursuant to a collective bargaining agree-
    50  ment;
    51    (b) the representational relationships among employee organizations or
    52  the bargaining relationships between the state and an employee organiza-
    53  tion; or
    54    (c)  existing law with respect to an application to the public employ-
    55  ment relations board, provided, however, that the merger of such negoti-
    56  ating units of employees shall be effected only with the consent of  the
        S. 993                             16                            A. 1923
 
     1  recognized and certified representative of such units and of the depart-
     2  ment of law.
     3    §  119.  Transfer  of  records.  All books, papers and property of the
     4  division of the lottery, former racing and  wagering  board  and  former
     5  corporation  known  as the "state thoroughbred racing capital investment
     6  fund" with respect to the functions, powers and  duties  transferred  by
     7  this  article  are  to be delivered to the appropriate successor offices
     8  within the commission, at such place and time, and in such manner as the
     9  chair of the commission may require.
    10    § 120. Continuity of authority. For the purpose of succession  to  all
    11  functions,  powers,  duties  and  obligations  of  the  division  of the
    12  lottery, former racing and wagering board and former  corporation  known
    13  as  the  "state thoroughbred racing capital investment fund" transferred
    14  to and assumed by the commission, such  commission  shall  continue  the
    15  operation  of  the various programs transferred pursuant to this article
    16  as if operated by the division of the lottery, former racing and  wager-
    17  ing board and former corporation known as the "state thoroughbred racing
    18  capital investment fund".
    19    § 121. Completion of unfinished business. Any business or other matter
    20  undertaken  or  commenced  by the division of the lottery, former racing
    21  and wagering board and former corporation known as the "state  thorough-
    22  bred racing capital investment fund" pertaining to or connected with the
    23  functions,  powers,  duties  and obligations transferred and assigned to
    24  the state gaming commission and pending on the effective  date  of  this
    25  article  shall  be  conducted and completed by the appropriate successor
    26  offices within the commission in the same  manner  and  under  the  same
    27  terms  and  conditions  and  with  the  same  effect as if conducted and
    28  completed by the division of the lottery,  former  racing  and  wagering
    29  board  and  former  corporation  known as the "state thoroughbred racing
    30  capital investment fund".
    31    § 122. Continuation of rules and regulations.  All rules, regulations,
    32  acts, orders, determinations, and  decisions  of  the  division  of  the
    33  lottery,  former  racing and wagering board and former corporation known
    34  as the "state thoroughbred racing capital investment fund" in  force  at
    35  the  time  of  such transfer and assumption, shall continue in force and
    36  effect as rules, regulations, acts, orders, determinations and decisions
    37  of the commission until duly modified or abrogated by such commission.
    38    § 123. Terms occurring in laws, contracts and other documents.  Unless
    39  the  context  shall otherwise require, whenever the "racing and wagering
    40  board" or "board", "state  racing  commission",  "state  harness  racing
    41  commission",  "state  quarter horse racing commission", "state off-track
    42  pari-mutuel betting commission" or "state  thoroughbred  racing  capital
    43  investment fund" referred to or designated in any law, contract or docu-
    44  ment  pertaining to the functions, powers, obligations and duties trans-
    45  ferred and assigned, such reference or designation shall  be  deemed  to
    46  refer to the "state gaming commission".
    47    §  124.  Existing  rights and remedies preserved. No existing right or
    48  remedy of any character shall be lost, impaired or affected by reason of
    49  the transfer or assignment of functions, powers, obligations and  duties
    50  from  the  division of the lottery, former racing and wagering board and
    51  former corporation known  as  the  "state  thoroughbred  racing  capital
    52  investment fund" to the state gaming commission.
    53    § 125. Pending actions or proceedings. No action or proceeding pending
    54  at  the  time  that this article shall take effect relating to the func-
    55  tions, powers and duties of the division of the lottery,  former  racing
    56  and  wagering board and former corporation known as the "state thorough-
        S. 993                             17                            A. 1923
 
     1  bred racing capital investment fund" transferred pursuant to this  arti-
     2  cle,  brought  by  or against the division of the lottery, former racing
     3  and wagering board and former corporation known as the "state  thorough-
     4  bred  racing capital investment fund", or the officers thereof, shall be
     5  affected by the transfer or assignment of functions, powers, obligations
     6  and duties from the division of the lottery, former racing and  wagering
     7  board  and  former  corporation  known as the "state thoroughbred racing
     8  capital investment fund" to the commission, but the same may  be  prose-
     9  cuted or defended in the name of the commission. In all such actions and
    10  proceedings,  the  commission,  upon  application to the court, shall be
    11  substituted as a party.
    12    § 126. Transfer of appropriations heretofore made. Notwithstanding any
    13  other provision of law to the contrary, subject to the approval  of  the
    14  director  of the budget, any and all appropriations and reappropriations
    15  heretofore made to the division of the  lottery,  state  police,  former
    16  racing  and  wagering  board  and former corporation known as the "state
    17  thoroughbred racing capital  investment  fund"  for  the  functions  and
    18  purposes  transferred by this article to the commission to the extent of
    19  remaining unexpended or unencumbered balances thereof, whether allocated
    20  or unallocated and whether obligated or unobligated, are  hereby  trans-
    21  ferred  to  and made available for use and expenditure by the commission
    22  for the same purposes for which originally appropriated  or  reappropri-
    23  ated and shall be payable on vouchers certified or approved by the chair
    24  of  the  commission  or  his or her designee on audit and warrant of the
    25  comptroller. Payments for liabilities for expenses of personal services,
    26  maintenance and operation heretofore incurred  by  and  for  liabilities
    27  incurred and to be incurred in completing the affairs of the division of
    28  the  lottery,  former  racing  and wagering board and former corporation
    29  known as the "state thoroughbred racing capital  investment  fund"  with
    30  respect  to  the  powers, duties and functions transferred herein, shall
    31  also be made on vouchers or certificates approved by the  chair  of  the
    32  commission  or  his  or  her  designee on audit and warrant of the comp-
    33  troller.
    34    § 127. Transfer of assets and liabilities. Notwithstanding  any  other
    35  provision  of  law  to  the  contrary, all assets and liabilities of the
    36  former racing and wagering board and former  corporation  known  as  the
    37  "state  thoroughbred  racing  capital investment fund" are hereby trans-
    38  ferred to and assumed by the commission.
    39    § 128. Promulgation of rules and  regulations.    Notwithstanding  any
    40  inconsistent  provision  of  the state administrative procedure act, the
    41  commission shall be authorized to promulgate regulations on an emergency
    42  basis to ensure the implementation of this article.
    43    § 129. Construction of other laws or provisions.  Unless  the  context
    44  shall  require  otherwise,  the  terms "state racing commission", "state
    45  harness racing commission", "state  quarter  horse  racing  commission",
    46  "state  off-track  pari-mutuel  betting  commission",  "state racing and
    47  wagering board" or "board" wherever occurring in any of  the  provisions
    48  of this chapter or of any other law, or, in any official books, records,
    49  instruments,  rules  or  papers,  shall  hereafter mean and refer to the
    50  state gaming commission created by section one hundred two of this arti-
    51  cle. The provisions of article three of this chapter shall be inapplica-
    52  ble to article two of this chapter; and the provisions of  such  article
    53  two shall be inapplicable to such article three, except that section two
    54  hundred  twenty-two  of  such  article  two  shall apply to such article
    55  three.
        S. 993                             18                            A. 1923
 
     1    § 3. Section 201 of the racing, pari-mutuel wagering and breeding law,
     2  subdivision 6 as amended by chapter 445 of the laws of 1997, is  amended
     3  to read as follows:
     4    §  201.  Incorporation. Any number of persons, not less than five, may
     5  become a corporation for the purpose of raising and breeding and improv-
     6  ing the breed of horses, with all the  general  powers  of  corporations
     7  created  under the laws of this state, by making, signing, acknowledging
     8  and filing a certificate which shall contain:
     9    1. The name of the proposed corporation.
    10    2. The objects for which it is to be formed, including a statement  as
    11  to whether it is proposed to exercise the particular powers conferred by
    12  section  two  hundred  three  of  this [chapter] article, and specifying
    13  whether it is proposed to conduct running, steeplechase race meetings or
    14  hunt meetings.
    15    3. The amount and description of the capital stock.
    16    4. The number of shares of which the capital stock shall consist, each
    17  of which shall not be less than five nor more than one hundred dollars.
    18    5. The location of its principal business office.
    19    6. Its duration, which shall not exceed [fifty-seven] fifty-two years.
    20    7. The number of its directors, not less than five nor more than thir-
    21  teen, who shall each be a stockholder having at  least  five  shares  of
    22  stock.
    23    8.  The names and post-office addresses of the directors for the first
    24  year.
    25    9. The post-office addresses of the subscribers and a statement of the
    26  number of shares of stock which each agrees to take in the corporation.
    27    10. The name of the county in which it proposes  to  conduct  running,
    28  steeplechase race meetings or hunt meetings.
    29    No  certificate  of incorporation under this section wherein the right
    30  to conduct running or steeplechase race meetings  or  hunt  meetings  is
    31  claimed,  shall  hereafter  be  filed  without the approval of the state
    32  [racing and  wagering  board]  gaming  commission  indorsed  thereon  or
    33  annexed  thereto,  stating  that,  in  its opinion, the purposes of this
    34  article and the public interest will be promoted by such  incorporation,
    35  and that such incorporation will be conducive to the interests of legit-
    36  imate racing; nor shall any certificate amending the said certificate of
    37  incorporation  in  any particular or any certificate of merger affecting
    38  said corporation be filed without the approval of the state [racing  and
    39  wagering  board]  gaming  commission indorsed thereon or annexed thereto
    40  stating that, in its opinion, the  purposes  of  this  article  and  the
    41  public interest will be promoted by such amendment or by such merger and
    42  that such amendment or such merger will be conducive to the interests of
    43  legitimate racing.
    44    § 4.  Paragraph b of subdivision 1 and subdivisions 3, 7, 8, 10 and 11
    45  of  section  208  of  the racing, pari-mutuel wagering and breeding law,
    46  paragraph b of subdivision 1  and  paragraph  a  of  subdivision  11  as
    47  amended  by chapter 445 of the laws of 1997, subdivision 8 as amended by
    48  chapter 281 of the laws of 1994, subdivision 10 as  amended  by  chapter
    49  672  of the laws of 1997, subdivision 11 as added by chapter 1006 of the
    50  laws of 1983 and paragraphs c, d and e of subdivision 11 as  amended  by
    51  chapter 1007 of the laws of 1983, are amended to read as follows:
    52    b. "Entire adjusted net income" shall be computed by adding to taxable
    53  income  (but  not including taxable income imputed to the association by
    54  the extension of debt), as heretofore provided, the amount by which  the
    55  operating expenses of such association exceed one hundred six percent of
    56  such  expenses  during  the prior year.   Provided, however, that in any
        S. 993                             19                            A. 1923
 
     1  year in which the average consumer price index for  urban  wage  earners
     2  and  clerical  workers prepared by the United States department of labor
     3  is more than six percent higher than the average for such  index  during
     4  the  prior year, the percentage increase in such index, plus one hundred
     5  percent, shall be used in lieu of one hundred six percent in calculating
     6  such amount.  For the purposes of this section, operating expenses shall
     7  include all expenses of such  association  for  such  year  except:  (i)
     8  charges  for  stakes, purses, interest, real estate taxes, extraordinary
     9  nonrecurring charges, principal debt repayments for capital improvements
    10  directly related to the construction of a video lottery terminal facili-
    11  ty at Aqueduct  racetrack,  and  depreciation;  (ii)  promotional  costs
    12  incurred in connection with specific events; (iii) costs incurred in the
    13  purchase  of advertising services; and (iv), for calendar years nineteen
    14  hundred eighty-six and nineteen hundred eighty-seven,  liability  insur-
    15  ance  costs.    In accordance with the provisions of subdivision four of
    16  this section, the state comptroller shall ensure that  such  association
    17  reports  its expenses on a basis that accurately reflects the provisions
    18  of this subdivision.
    19    3. Notwithstanding any other requirement of this  article,  for  years
    20  beginning on or after January first, nineteen hundred seventy-seven, the
    21  capital expenditure plans of any such nonprofit racing association shall
    22  be  subject  to  the approval of the [director of the budget] non-profit
    23  racing association oversight board.  To facilitate the exercise of  this
    24  authority,  the  [director  of the budget] non-profit racing association
    25  oversight board may require the annual submission of the capital expend-
    26  iture plans of such association on or before November fifteenth  of  the
    27  year  preceding the year for which the plans are drawn. Such plans shall
    28  contain both the intended objects of expenditure and the proposed sourc-
    29  es of financing. Approval of the plans by the [director of  the  budget]
    30  non-profit racing association oversight board shall be based solely on a
    31  finding  that  any  borrowings  contemplated  to  finance such plans can
    32  reasonably be expected to be repaid by such association within the  term
    33  of  its  franchise  and the provisions of existing law. Such association
    34  may, with the approval of the [director of the budget] non-profit racing
    35  association oversight board, file amended plans subsequent  to  November
    36  fifteenth.  Copies  of  the  [director's]  non-profit racing association
    37  oversight board's approval or rejection  of  all  original  and  amended
    38  plans  shall  be  filed  with  the  [chairman] chairperson of the senate
    39  finance committee and the [chairman] chairperson of  the  assembly  ways
    40  and means committee, within five days of their issuance.
    41    7.  [All]  Except  as otherwise provided in paragraph b of subdivision
    42  five of section two hundred thirteen of  this  article,  all  concession
    43  contracts  entered into by any nonprofit racing association on and after
    44  January first, nineteen hundred seventy-seven, shall be awarded only  by
    45  a  process of competitive bidding approved by the [state director of the
    46  budget] non-profit racing association oversight board.
    47    8. [(i)] If a  non-profit  racing  association,  which  is  franchised
    48  pursuant  to  this  section,  and which (a) has entered into an approved
    49  capital improvement plan as provided in the former section  two  hundred
    50  fifty-eight  of  this chapter; (b) holds title to the racing facilities,
    51  as such term is defined in subdivision ten of  the  former  section  two
    52  hundred  fifty-two  of  this  chapter, whereat such association is fran-
    53  chised to conduct race meetings for running races  or  steeplechases  or
    54  hunt  meetings  and  pari-mutuel  betting  on the races run at such race
    55  meetings; and (c) voluntarily  relinquishes  such  franchises  prior  to
    56  their  expiration,  or  voluntarily declines to continue conducting race
        S. 993                             20                            A. 1923
 
     1  meetings and pari-mutuel betting on the races run at such race  meetings
     2  as  required  by its franchises unless such declination is the result of
     3  strikes, acts of God, or other unavoidable causes not under the  control
     4  of such association, or voluntarily affects corporate dissolution in the
     5  manner provided for by article ten or eleven of the business corporation
     6  law  and  other  applicable  provisions  of law, or if such franchise or
     7  license is revoked by the state gaming commission, then, notwithstanding
     8  any other provision of law  to  the  contrary,  such  association  shall
     9  transfer  to  the [New York state thoroughbred racing capital investment
    10  fund] non-profit racing association oversight board at the time of  such
    11  relinquishment,  declination, revocation or dissolution all right, title
    12  and interest held by such association in all such  facilities,  and  all
    13  capital  improvements  made  to  the  real  property and such facilities
    14  except that if such relinquishment, declination, revocation  or  dissol-
    15  ution  is made pursuant to any provision of law enacted after the effec-
    16  tive date of the chapter of the laws which added this  subdivision  then
    17  any  provisions of such subsequent enactment of law which are inconsist-
    18  ent  with  the  provisions  of  this  subdivision  shall  supersede  the
    19  provisions of this subdivision.
    20    [(ii) A non-profit racing association, which is franchised pursuant to
    21  this  section,  if it intends to conduct a race meeting at the thorough-
    22  bred racing facility located in Queens county known  as  Aqueduct  race-
    23  track,  from  October  nineteenth, nineteen hundred ninety-four to April
    24  thirtieth, nineteen hundred ninety-five, must inform the New York  state
    25  thoroughbred   racing   capital  investment  fund  in  writing  by  July
    26  fifteenth, nineteen hundred ninety-four of its intention to conduct such
    27  a meeting. A failure of the non-profit racing association to advise  the
    28  New York state thoroughbred racing capital investment fund of its inten-
    29  tion  to  conduct  racing at Aqueduct racetrack from October nineteenth,
    30  nineteen hundred ninety-four to April thirtieth, nineteen hundred  nine-
    31  ty-five shall be considered a voluntary declination to continue conduct-
    32  ing a race meeting during such time period.]
    33    10.  Any non-profit racing association which is franchised pursuant to
    34  this section shall take such steps as are necessary to  ensure  that  it
    35  operates in a sound, economical, efficient and effective manner so as to
    36  produce  a reasonable revenue for the support of government. In carrying
    37  out these responsibilities, [the board of trustees of such  association]
    38  the  non-profit  racing  association  oversight  board shall require the
    39  appropriate officers of the association to present  to  such  board  [of
    40  trustees] for its approval prior to the beginning of each fiscal year an
    41  operating  budget  covering  all  of the expenses planned to be incurred
    42  during such year and a plan of operation.   The form  of  such  plan  of
    43  operation  shall  be [subject to an agreement between the] prescribed by
    44  such board [and a non-profit racing association].
    45    If at any time, the total expenses of such association, except princi-
    46  pal debt repayments for capital improvements  directly  related  to  the
    47  construction of a video lottery terminal facility at Aqueduct racetrack,
    48  taxes, fees or special assessments levied by the state of New York or by
    49  any  agency or instrumentality of the state or by any political subdivi-
    50  sion of the state or any agency or instrumentality  thereof,  exceed  or
    51  are  anticipated  during the ensuing year to exceed ninety per centum of
    52  the revenues available to such association for its operations,  pursuant
    53  to  section two hundred twenty-nine of this [chapter] article, then such
    54  board [of trustees] shall thereafter disapprove any  proposed  operating
    55  budgets  which  provide for operating expenses in excess of a percentage
    56  of such expenses during the prior year with such percentage to be  equal
        S. 993                             21                            A. 1923
 
     1  to  the  percentage which total revenue from the conduct of such facili-
     2  ties, race meetings, races and pari-mutuel betting in the  current  year
     3  is  projected  to bear to such revenue during the previous year provided
     4  that such latter percentage may be modified to reflect unusual or nonre-
     5  curring circumstances occurring during either such year. Calculations of
     6  such  percentages,  including  a  clear  specification of any unusual or
     7  nonrecurring circumstances being taken into consideration in the  calcu-
     8  lation  of such latter percentage, shall be included in the accompanying
     9  reports submitted by such association in accordance with the  provisions
    10  of paragraph a of subdivision two of section [section] two hundred thir-
    11  ty-one-a  and  subdivision  one of the former section two hundred fifty-
    12  eight of this chapter. In any year in which  actual  operating  expenses
    13  are  greater  than  the  operating  expenses  allowed  pursuant  to  the
    14  provisions of this subdivision, the amount by which such actual expenses
    15  exceed such allowed expenses shall be added to taxable income in comput-
    16  ing "entire adjusted net income" for use in  calculating  the  franchise
    17  fees  due  to  the  state [and to the New York state thoroughbred racing
    18  capital investment fund] in accordance with the provisions of  paragraph
    19  a of subdivision one of this section.
    20    11.  a. On and after June twenty-sixth, nineteen hundred eighty-three,
    21  no franchise shall be granted by the [racing and wagering  board]  state
    22  gaming  commission  in accordance with the provisions of subdivision one
    23  of this section unless  such  grant  is  made  in  accordance  with  the
    24  provisions  of  this subdivision.   On or [after] before December first,
    25  two thousand five [and prior to July, two thousand six];  on  or  before
    26  December  first  of  each  tenth  year thereafter; and, immediately upon
    27  receiving notification, in accordance with the provisions of section two
    28  hundred eight-a of this [chapter] article, from  any  non-profit  racing
    29  association  or  corporation  franchised  pursuant  to  this  section to
    30  conduct race meetings at the thoroughbred racing facilities  located  in
    31  Queens  county,  Saratoga county or jointly located in Nassau and Queens
    32  counties whereat running races, steeplechases or hunt meetings and pari-
    33  mutuel betting on the outcome of the same have been conducted  prior  to
    34  the  effective  date  of this section by a non-profit racing association
    35  known as the New York Racing Association, Inc. and which facilities  are
    36  known  as  Belmont  Park  racetrack,  Aqueduct  racetrack  and  Saratoga
    37  thoroughbred racetrack, that it intends  to  relinquish  such  franchise
    38  prior to the expiration date of such franchise, or that such association
    39  intends  to  end  its  corporate existence prior to such expiration date
    40  [the governor shall take such action as is necessary to create a special
    41  ad hoc committee for the purpose of soliciting], or upon the  revocation
    42  of  such franchise or exclusive right to operate and maintain such fran-
    43  chise, the non-profit racing association oversight board, as created  in
    44  section two hundred eight-b of this article, shall be required to solic-
    45  it proposals from all corporations and associations interested in secur-
    46  ing  [grants  of  authority] the exclusive right to operate and maintain
    47  such facilities, [and/or  franchises  to  conduct]  including,  but  not
    48  limited  to,  conducting race meetings [and], pari-mutuel betting on the
    49  races to be run at such race meetings at those facilities, and operating
    50  a video lottery gaming facility at Aqueduct  racetrack  during  the  ten
    51  year  franchise period beginning on January first, two thousand eight or
    52  on January first of each tenth year thereafter, as the case may be;  or,
    53  in  the  case of a franchise which is being relinquished, or revoked due
    54  to corporate dissolution or otherwise, proposals from  all  corporations
    55  and  associations  interested in carrying out the franchisee's responsi-
        S. 993                             22                            A. 1923
 
     1  bilities during the remainder of the  franchise  being  relinquished  or
     2  revoked.
     3    b.  [Such  special  committee  shall  consist  of  nine  members to be
     4  appointed by the governor, three members of whom shall be appointed upon
     5  the recommendation of the temporary president of the senate,  and  three
     6  of whom shall be appointed upon the recommendation of the speaker of the
     7  assembly,  and]  The non-profit racing association oversight board shall
     8  have full power and authority to hold and conduct public hearings.
     9    c. Within one month of being [established, each such  special  ad  hoc
    10  committee]  required  to  solicit  such proposals, the non-profit racing
    11  association board shall give public notice of the fact that at a  speci-
    12  fied  time  within  the  next  year  it  will issue a formal request for
    13  proposals in accordance with the provisions  of  this  section.    [Such
    14  notice   shall  indicate  that  any  parties  interested  in  submitting
    15  proposals in response to such request for proposals that are not at that
    16  time incorporated pursuant to section two hundred  one  or  two  hundred
    17  two-a of this chapter, should take such action as is necessary to become
    18  incorporated  under  section  two  hundred  one or two hundred two-a. No
    19  certificate of incorporation  under  section  two  hundred  one  or  two
    20  hundred  two-a wherein the right to conduct running or steeplechase race
    21  meetings or hunt meetings is claimed, shall  be  filed  unless;  (i)  it
    22  meets  all  of the requirements of the section of law involved; and (ii)
    23  the approval of the state racing and wagering board is indorsed  thereon
    24  or  annexed  thereto, stating that, in its opinion, the purposes of this
    25  chapter and the public interest will be promoted by such  incorporation,
    26  and that such incorporation will be conducive to the interests of legit-
    27  imate  racing.] Any corporation or association which demonstrates to the
    28  satisfaction of the state gaming commission and  the  non-profit  racing
    29  association  oversight  board  that  it possesses the qualifications and
    30  expertise to operate such facilities and that  such  entity's  operation
    31  would be conducive to the interests of legitimate racing shall be eligi-
    32  ble to competitively bid for the exclusive right to operate such facili-
    33  ties.
    34    d.  Within  one  year  of  being  [established]  required  to  solicit
    35  proposals, or within such  shortened  period  as  may  be  necessary  to
    36  continue  the  conduct of thoroughbred racing and pari-mutuel betting at
    37  the facilities described in paragraph a of this subdivision, [each  such
    38  special  ad  hoc  committee] the non-profit racing association oversight
    39  board shall issue a formal request for proposals for [grants of authori-
    40  ty and/or franchises] the exclusive right to operate and maintain  those
    41  facilities  as  described  in  this subdivision. Each such committee may
    42  prescribe the form in which proposals shall be made and the  information
    43  to  be  furnished  by  each  corporation  or  association  making such a
    44  proposal.
    45    e. On the basis of the proposals  submitted  and  its  examination  of
    46  those  proposals and of any and all other evidence and information which
    47  it considers relevant, [each  such  ad  hoc  committee]  the  non-profit
    48  racing  association oversight board shall determine which of the associ-
    49  ations or corporations submitting proposals can be  reasonably  expected
    50  to  best  provide over the next ten years, or as the case may be, during
    51  the remainder of the term of a franchise  being  relinquished,  for  the
    52  operation  and  maintenance  of  the  racing facilities involved [and/or
    53  for], the conduct of race meetings at such facilities [and],  the  pari-
    54  mutuel  betting  on  the  races  to be run at such race meetings and the
    55  video lottery gaming facility at  Aqueduct  racetrack  in  a  sound  and
    56  economical  manner  which is consistent with the traditions of thorough-
        S. 993                             23                            A. 1923
 
     1  bred racing in this state, which will ensure the long-run  viability  of
     2  thoroughbred  racing  in  this  state, and which will produce reasonable
     3  revenue for the support of government.
     4    f. The [committee] non-profit racing association oversight board shall
     5  report  its  findings  to  the  legislature[,] and the governor [and the
     6  racing and wagering board] with recommendations  for  such  actions  and
     7  legislation  as  it  deems  [necessary  to  implement its determinations
     8  regarding the corporation or corporations, association  or  associations
     9  to  which  such  grants of authority and/or franchises should be made or
    10  granted, the legislation which should be enacted governing  such  grants
    11  of  authority  or  franchises,  and the responsibilities related thereto
    12  which should be assigned to the racing and wagering board  and  to  such
    13  other  state agencies or officers as it deems] appropriate and necessary
    14  to implement its recommendations.
    15    g. The legislature shall consider the recommendations of the  non-pro-
    16  fit  racing  association  oversight  board prior to enacting legislation
    17  granting the exclusive right to operate and maintain such facilities for
    18  a period of ten years in accordance with and subject to  the  following:
    19  (i) in consideration of the exclusive right to operate and maintain such
    20  facilities  granted pursuant to this section, the corporation or associ-
    21  ation shall pay to the state an annual fee  to  be  established  by  the
    22  nonprofit  racing  association  oversight board; (ii) the corporation or
    23  association shall be deemed the successor to the New York Racing Associ-
    24  ation, Inc. for purposes of being subject to existing contracts and loan
    25  agreements, if any, entered into by the  New  York  Racing  Association,
    26  Inc.  directly  related to the construction, operation and management of
    27  the  video  lottery  gaming  facility  located  at  Aqueduct  racetrack;
    28  provided,  however,  that such corporation or association shall have the
    29  authority to terminate such contracts and loan agreements  on  or  after
    30  December thirty-first, two thousand nine and shall not be subject to any
    31  contract  or loan agreement executed subsequent to July first, two thou-
    32  sand five or liable for any debt incurred subsequent to  December  thir-
    33  ty-first,  two  thousand five; and (iii) such corporation or association
    34  shall not have or acquire any ownership interest in the real property or
    35  improvements upon which such facilities are  located.    Notwithstanding
    36  any  other provision of law to the contrary, the recipient of the exclu-
    37  sive right to operate and maintain such  facilities  for  the  ten  year
    38  period  beginning on January first, two thousand eight, shall pay to the
    39  state, on or before March thirty-first, two  thousand  seven,  an  addi-
    40  tional,  one-time  franchise  fee  in an amount to be established by the
    41  nonprofit racing association oversight board.
    42    § 5. The racing, pari-mutuel wagering and breeding law is  amended  by
    43  adding a new section 208-b to read as follows:
    44    §  208-b.  Non-profit  racing association oversight board. 1. There is
    45  hereby created a non-profit racing association oversight board  consist-
    46  ing  of  five  members  appointed by the governor, herein referred to in
    47  this section as the board. Of the five members, one shall  be  appointed
    48  upon the recommendation of the temporary president of the senate and one
    49  shall  be appointed upon the recommendation of the speaker of the assem-
    50  bly. Each member shall serve for a term  of  four  years.  The  governor
    51  shall designate the chair from among the sitting members who shall serve
    52  as such at the pleasure of the governor.
    53    2.  The members shall serve without compensation for their services as
    54  members, but shall be entitled to reimbursement for actual and necessary
    55  expenses incurred in the performance of their duties.
        S. 993                             24                            A. 1923
 
     1    3. Such members, except as otherwise provided by law,  may  engage  in
     2  private  employment,  or  in  a profession or business.   The board, its
     3  members, officers and employees shall be subject to  the  provisions  of
     4  sections  seventy-three  and seventy-four of the public officers law. No
     5  current  trustee  of  a  non-profit racing association and no individual
     6  registered with the temporary state  commission  on  lobbying  shall  be
     7  appointed as members to the board.
     8    4.  Notwithstanding  any  inconsistent  provisions  of  law,  general,
     9  special or local, no officer or employee of the state or  of  any  civil
    10  division  thereof  shall  be  deemed  to have forfeited or shall forfeit
    11  their office or employment by reason of their acceptance  of  membership
    12  on the board created by this section.
    13    5.  The  affirmative  vote of three members shall be necessary for the
    14  transaction of any business or the exercise of any power or function  of
    15  the board.
    16    6.  Notwithstanding  any other law to the contrary, the board shall be
    17  directed and is authorized to oversee, monitor  and  review  all  trans-
    18  actions  and operations of a non-profit racing association authorized by
    19  this chapter; provided, however, that nothing in this section  shall  be
    20  deemed  to  reduce, diminish or impede the authority of the state gaming
    21  commission to, pursuant to article one of this  chapter,  determine  and
    22  enforce  compliance  by a non-profit racing association.  Such oversight
    23  shall include, but not be limited to:
    24    a. review and make recommendations  concerning  the  annual  operating
    25  budgets  of such non-profit racing association which shall include peri-
    26  odic adjustments as determined by the board;
    27    b. review and make recommendations concerning operating  revenues  and
    28  the  establishment  of  a financial plan which extends through the fran-
    29  chise period of such non-profit  racing  association  as  authorized  by
    30  section two hundred eight of this article;
    31    c.  review  and  make  recommendations concerning accounting, internal
    32  control systems and security procedures;
    33    d. review and make recommendations concerning such  non-profit  racing
    34  association's  revenue  and  expenditure  policies  which  shall include
    35  collective bargaining agreements management  and  employee  compensation
    36  plans, vendor contacts and capital improvement plans;
    37    e.  review and approve such non-profit racing association's compliance
    38  with the laws, rules and regulations applicable to its activities;
    39    f. receive, review, approve and  disapprove  capital  plans  submitted
    40  annually  by  the non-profit racing association. A capital plan shall be
    41  approved only where it is determined that  it  is  consistent  with  the
    42  state's interest and financially feasible; and
    43    g.  make  recommendations for establishing model governance principles
    44  to improve accountability and transparency.
    45    7. Recommendations of the board shall be approved and  implemented  by
    46  the  board of trustees of such non-profit racing association in a timely
    47  manner. If such board of trustees fails or refuses to approve or  imple-
    48  ment  any recommendation of the board, the trustees shall respond to the
    49  board, in writing, within thirty days of  such  recommendation,  setting
    50  forth  the  reasons  such  recommendation  or  recommendations  were not
    51  approved.
    52    8. The board shall be an authorized licensee to operate video  lottery
    53  gaming at Aqueduct racetrack in the event of revocation or expiration of
    54  the  franchise  granted to a non-profit racing association in accordance
    55  with section two hundred eight of this article.
        S. 993                             25                            A. 1923
 
     1    9. The board shall report quarterly to the governor and  the  legisla-
     2  ture,  beginning no later than December thirty-first, two thousand five,
     3  stating its findings and recommendations to implement policy and  legis-
     4  lative  changes  necessary to encourage the continuation of high quality
     5  thoroughbred  racing  in  New  York  state and to protect the legitimate
     6  interests of the state and the thoroughbred racing industry.
     7    10. Any franchised or licensed  non-profit  racing  association  shall
     8  make  all  records  and documents pertaining to its financial practices,
     9  and other documents and records  necessary  to  carry  out  its  duties,
    10  available  to  the  board  upon  request  and within thirty days of such
    11  request.
    12    11. The board shall have the power, at any time, to examine  or  cause
    13  to be examined by a third party, the books, papers, records and accounts
    14  of  any non-profit racing association. The non-profit racing association
    15  shall reimburse the board for the actual costs  incurred  in  conducting
    16  such examination.
    17    12.  The  board  shall  be an independent division of the state gaming
    18  commission and shall utilize employees of such commission to  carry  out
    19  its duties.
    20    §  6. Subdivision 1 of section 213 of the racing, pari-mutuel wagering
    21  and breeding law, as amended by chapter 164 of  the  laws  of  2003,  is
    22  amended to read as follows:
    23    1.  For the purpose of maintaining a proper control over race meetings
    24  conducted pursuant to section two hundred seven  of  this  article,  the
    25  [state  racing and wagering board] state gaming commission shall license
    26  owners, which term shall be deemed to include part owners  and  lessees,
    27  trainers,  assistant trainers and jockeys, jockey agents, stable employ-
    28  ees, and such other persons as  the  board  may  by  rule  prescribe  at
    29  running  races  and at steeplechases and hunts[, provided, however, that
    30  no such license shall be required for seasonal employees hired solely to
    31  work for no longer than six weeks during the  summer  meet  at  Saratoga
    32  racetrack].  In  the  event  that  a  proposed  licensee is other than a
    33  natural person, the board shall require by regulation disclosure of  the
    34  names  and  addresses  of  all owners of an interest in such entity. The
    35  board may retain, employ or appoint such officers, employees and agents,
    36  as it may deem necessary to receive, examine and  make  recommendations,
    37  for  the consideration of the board, in respect of applications for such
    38  licenses; prescribe their duties in connection therewith, and fix  their
    39  compensation  therefor  within  the  limitations prescribed by law. Each
    40  applicant for a license shall pay to the board an annual license fee  as
    41  follows:  owner's  license,  if  a  renewal,  fifty  dollars,  and if an
    42  original application, one hundred  dollars;  trainer's  license,  thirty
    43  dollars;  assistant trainer's license, thirty dollars; jockey's license,
    44  fifty dollars;  jockey  agent's  license,  twenty  dollars;  and  stable
    45  employee's  license,  five  dollars.  Each applicant may apply for a two
    46  year or three year license by payment to the board  of  the  appropriate
    47  multiple  of  the annual fee. The board may by rule fix the license fees
    48  to be paid by other persons required to be licensed by the rules of  the
    49  board,  not  to  exceed thirty dollars per category. The application for
    50  the license shall be in writing in such form as the board may prescribe,
    51  and contain such information as the board may require. The  board  shall
    52  henceforth  cause  all  applicants  for  licenses to be photographed and
    53  fingerprinted and may issue  identification  cards  to  licensees.  Such
    54  fingerprints  shall  be  submitted  to  the division of criminal justice
    55  services for a state criminal history record check, as defined in subdi-
    56  vision one of section three thousand thirty-five of the  education  law,
        S. 993                             26                            A. 1923
 
     1  and  may  be  submitted  to  the  federal  bureau of investigation for a
     2  national criminal history record check. A fee equal to the  actual  cost
     3  of  issuance shall be charged for the initial issuance of such identifi-
     4  cation  cards.  Each  such license unless revoked for cause shall be for
     5  the period of no more than one, two or three years, determined  by  rule
     6  of  the  board, expiring on the applicant's birth date. Licenses current
     7  on the effective date of this provision shall not be reduced in duration
     8  by this provision. An applicant who  applies  for  a  license  that,  if
     9  issued,  would take effect less than six months prior to the applicant's
    10  birth date may, by payment of a fifty  percent  higher  fee,  receive  a
    11  license  which  shall not expire until the applicant's second succeeding
    12  birth date. All receipts of the board derived from the operation of this
    13  section shall be paid by it into the state treasury  on  or  before  the
    14  tenth day of each month. All officials connected with the actual conduct
    15  of racing shall be approved by the board.
    16    §  7. Subdivisions b and c of section 1612 of the tax law, subdivision
    17  b as amended and subdivision c as added by section 3 of part W of  chap-
    18  ter 63 of the laws of 2003, are amended to read as follows:
    19    b. Notwithstanding section one hundred twenty-one of the state finance
    20  law,  on  or before the twentieth day of each month, the division shall:
    21  (i) pay into the state treasury, to the credit of the state lottery fund
    22  created by section ninety-two-c of the state finance law, not less  than
    23  forty-five  percent of the total amount for which tickets have been sold
    24  for games defined in paragraph four of subdivision  a  of  this  section
    25  during  the  preceding  month,  not less than thirty-five percent of the
    26  total amount for which tickets have been sold for games defined in para-
    27  graph three of subdivision a of this section during the preceding month,
    28  not less than twenty percent of the total amount for which tickets  have
    29  been  sold  for  games defined in paragraph two of subdivision a of this
    30  section during the preceding month, provided however that for games with
    31  a prize payout of seventy-five percent of the  total  amount  for  which
    32  tickets have been sold, the division shall pay not less than ten percent
    33  of  sales  into the state treasury and not less than twenty-five percent
    34  of the total amount for which tickets have been sold for  games  defined
    35  in  paragraph  one of subdivision a of this section during the preceding
    36  month; and (ii) pay into the state treasury, to the credit of a separate
    37  account of the state lottery fund to be known as the sound basic  educa-
    38  tion  account,  which  shall  be  kept separate and apart from all other
    39  state lottery funds, the balance of the total revenue after  payout  for
    40  prizes  for games [known as "video lottery gaming,"] authorized pursuant
    41  to section sixteen hundred seventeen-a of this article, less ten percent
    42  of the total revenue wagered after payout for prizes to be  retained  by
    43  the  division  for operation, administration, and procurement purposes[;
    44  and less a vendor's fee to be paid to the track operator at  a  rate  of
    45  twenty-nine  percent  of  the  total revenue wagered at the vendor track
    46  after payout for prizes pursuant to this chapter, which amount shall  be
    47  paid  to  the  operator  of the racetrack for serving as a lottery agent
    48  under this pilot program. In establishing the  lottery  agent  fee,  the
    49  division  shall  ensure  the maximum lottery support for education while
    50  also ensuring the effective implementation of  section  sixteen  hundred
    51  seventeen-a  of  this article through the provision of]. Notwithstanding
    52  any other provision of law, the division shall be authorized to  negoti-
    53  ate and execute contracts, not to exceed ten years in duration, with the
    54  operator of a racetrack serving as a lottery agent under this program to
    55  ensure  reasonable  reimbursements and compensation to vendor tracks for
    56  participation in, and marketing and promotion of,  such  pilot  program;
        S. 993                             27                            A. 1923
 
     1  provided,  however,  that the contract rate of reimbursement and compen-
     2  sation ("vendor fee") shall not exceed an amount  equal  to  twenty-nine
     3  percent  of  the  total revenue wagered at the vendor track after payout
     4  for  prizes  pursuant  to  this  article and shall be paid out of monies
     5  appropriated for this  purpose  out  of  the  general  fund.  Each  such
     6  contract  shall  require  the  track  operator to reinvest in the racing
     7  industry a percentage of its  vendor  fee  solely  for  the  purpose  of
     8  enhancing  purses  at  such  track:  (i) in the first, second, and third
     9  years of video lottery gaming at such track, 25.9 percent; (ii)  in  the
    10  fourth and fifth years, 26.7 percent; and (iii) in all subsequent years,
    11  34.5  percent.  In  addition, in the first through fifth years of opera-
    12  tion, 4.3 percent and in the sixth and subsequent years, 5.2 percent  of
    13  its vendor fee shall be distributed to the appropriate breeding fund for
    14  the manner of racing conducted by such track. Provided further, however,
    15  that  nothing in this subdivision shall prevent each track from entering
    16  into an agreement, not to  exceed  five  years,  with  the  organization
    17  authorized  to  represent  its  horsemen to reduce the percentage of its
    18  vendor fee dedicated to enhancing purses at such track during the  years
    19  of  participation  by  such track. Within twenty days after any award of
    20  lottery prizes, the division shall pay into the state treasury,  to  the
    21  credit  of  the  state  lottery fund, the balance of all moneys received
    22  from the sale of all tickets for the lottery in which such  prizes  were
    23  awarded  remaining  after  provision for the payment of prizes as herein
    24  provided.  Any revenues derived from the sale of advertising on  lottery
    25  tickets shall be deposited in the state lottery fund.
    26    c.  1.  [In  consideration for its licensure and participation in this
    27  pilot program, each track  shall  reinvest  in  the  racing  industry  a
    28  percentage  of the vendor fee received pursuant to subdivision b of this
    29  section in the manner set forth in this  subdivision.  Each  such  track
    30  shall  dedicate  the  following percentages of its vendor fee solely for
    31  the purpose of enhancing purses at said track: (i) in the first, second,
    32  and third years of video lottery gaming at  such  track,  25.9  percent;
    33  (ii)  in  the  fourth  and  fifth  years, 26.7 percent; and (iii) in all
    34  subsequent years, 34.5 percent. In addition, in the first through  fifth
    35  years  of  operation, 4.3 percent and in the sixth and subsequent years,
    36  5.2 percent of its vendor fee shall be distributed  to  the  appropriate
    37  breeding fund for the manner of racing conducted by said track.
    38    2.  Provided  further,  however,  nothing  in  this  subdivision shall
    39  prevent each track from entering into an agreement, not to  exceed  five
    40  years,  with  the  organization  authorized to represent its horsemen to
    41  reduce the percentage of its vendor fee dedicated to enhancing purses at
    42  such track during the years of participation by such track.
    43    3.] The specifications for video lottery gaming shall be  designed  in
    44  such  a manner as to pay prizes that average no less than ninety percent
    45  of sales.
    46    [4.] 2. Of the ten percent retained by the division for administrative
    47  purposes, any amounts beyond that which are necessary for the  operation
    48  and  administration  of  this  pilot  program  shall be deposited in the
    49  lottery education account.
    50    § 8. Section 1617-a of the tax law  is  REPEALED  and  a  new  section
    51  1617-a is added to read as follows:
    52    §  1617-a.  Video  lottery  gaming.  a. The division of the lottery is
    53  hereby authorized to license, permit, operate and determine  the  opera-
    54  tion  of,  pursuant  to  rules  and regulations to be promulgated by the
    55  division, video lottery gaming at Aqueduct, Monticello, Yonkers,  Finger
    56  Lakes,  and  Vernon Downs racetracks, or at any other racetrack licensed
        S. 993                             28                            A. 1923
 
     1  pursuant to article three of the racing, pari-mutuel wagering and breed-
     2  ing law that is located in a county or counties in which  video  lottery
     3  gaming has been authorized pursuant to local law, excluding the licensed
     4  racetrack  commonly referred to in article three of the racing, pari-mu-
     5  tuel wagering and breeding law as the "New York state  exposition"  held
     6  in  Onondaga  county  and  the racetracks commonly known as Belmont Park
     7  racetrack and Saratoga thoroughbred  racetrack.  Such  rules  and  regu-
     8  lations  shall  provide, as a condition of licensure, that racetracks to
     9  be licensed are certified to be in compliance with all state  and  local
    10  fire  and  safety  codes,  that the division is afforded adequate space,
    11  infrastructure, and amenities consistent  with  industry  standards  for
    12  such  video  gaming  operations  as found at racetracks in other states,
    13  that racetrack employees involved in  the  operation  of  video  lottery
    14  gaming pursuant to this section are licensed by the state gaming commis-
    15  sion  or  the former racing and wagering board, and such other terms and
    16  conditions of licensure as the division may establish.   Notwithstanding
    17  any  inconsistent  provision of law, video lottery gaming at a racetrack
    18  pursuant to this section shall be deemed an approved activity  for  such
    19  racetrack  under the relevant city, county, town, or village land use or
    20  zoning ordinances, rules, or regulations. No racetrack  operating  video
    21  lottery  gaming  pursuant to this section may house such gaming activity
    22  in a structure deemed or approved by the division as "temporary"  for  a
    23  duration of longer than eighteen months.
    24    The  division, in consultation with the state gaming commission, shall
    25  establish standards for approval of the temporary and permanent physical
    26  layout and construction of any facility or building devoted to  a  video
    27  lottery   gaming  operation.  In  reviewing  such  application  for  the
    28  construction or reconstruction of facilities related or devoted  to  the
    29  operation  or  housing of video lottery gaming operations, the division,
    30  in consultation with the state gaming commission, shall ensure that such
    31  facility:
    32    (1) possesses superior consumer amenities and conveniences to  encour-
    33  age and attract the patronage of tourists and other visitors from across
    34  the region, state, and nation;
    35    (2)  has  adequate  motor vehicle parking facilities to satisfy patron
    36  requirements; and
    37    (3) has a physical layout and location that facilitates access to  the
    38  horse racing track portion of such racing facility.
    39    b.  Video  lottery  gaming  shall  only  be permitted for no more than
    40  sixteen consecutive hours per day, and on no day shall such operation be
    41  conducted past 2:00 a.m.
    42    c. The division shall promulgate such rules and regulations as may  be
    43  necessary  for  the  implementation  of  video lottery gaming; provided,
    44  however, that nothing herein shall be  deemed  to  reduce,  diminish  or
    45  impede  the  authority  of the state gaming commission to regulate video
    46  lottery gaming pursuant to article one of the racing, pari-mutuel wager-
    47  ing and breeding law.
    48    d. All workers engaged in the construction,  reconstruction,  develop-
    49  ment,  rehabilitation, or maintenance of any area for the purpose of the
    50  installation, maintenance, or removal of video lottery  terminals  shall
    51  be subject to the provisions of articles eight and nine of the labor law
    52  to the extent provided in such articles.
    53    e. In the event that a video gaming agent eligible to obtain a license
    54  to operate a video gaming facility pursuant to this section is unable to
    55  obtain  or  retain such a license, then the division shall be authorized
    56  to take custody of the video lottery gaming facility and to operate such
        S. 993                             29                            A. 1923
 
     1  facility pursuant to its regulations; provided, however, that nothing in
     2  this section shall reduce, diminish or impede the authority  of  a  non-
     3  profit  racing  association  oversight  board  to  operate video lottery
     4  gaming  at Aqueduct racetrack pursuant to section two hundred eight-b of
     5  the racing, pari-mutuel wagering and breeding law. In  such  event,  the
     6  division shall stand in place of such video gaming agent relative to any
     7  contracts  then  in  place for the operation of the video lottery gaming
     8  facility and may enter  into  additional  contracts  necessary  for  the
     9  continued operation of such facility.
    10    §  9.  The  tax law is amended by adding a new section 1621 to read as
    11  follows:
    12    § 1621. Video lottery franchise gaming.  a.  The  division  is  hereby
    13  authorized  to  license, pursuant to rules and regulations to be promul-
    14  gated by the division, the operation and conduct  of  a  lottery  to  be
    15  known  as  video lottery franchise gaming to be conducted at up to eight
    16  venues  throughout  the  state,  each  requiring  a  separate   license.
    17  Licenses  shall  be  awarded  by the division on a competitive basis and
    18  each proposed video lottery franchise location shall be subject  to  the
    19  approval  of the division.  Any entity, including but not limited to off
    20  track betting corporations, which demonstrates to  the  satisfaction  of
    21  the division that it possesses the qualifications and expertise to oper-
    22  ate  video  lottery  franchise gaming shall be eligible to competitively
    23  bid for one or more available licenses.   Provided,  however,  that  the
    24  following  geographic  restrictions shall apply: (i) except as otherwise
    25  authorized in this section, licenses may not be granted pursuant to this
    26  section for locations within fifteen  miles  of  any  facility  licensed
    27  pursuant  to  section  sixteen hundred seventeen-a of this article; (ii)
    28  the operation of video lottery franchise gaming as  authorized  in  this
    29  section  in the city of New York shall be permitted only in the counties
    30  of New York south of 59th street, Kings and Richmond and at no more than
    31  five locations; and (iii) licenses may not be granted pursuant  to  this
    32  section  for  locations within the counties of Westchester, Rockland and
    33  Putnam; provided, however, that any  one  or  more  of  such  geographic
    34  restrictions  may  be waived by the division if any racetrack authorized
    35  to conduct video lottery gaming  pursuant  to  section  sixteen  hundred
    36  seventeen-a  of  this article has not begun or is not scheduled to begin
    37  operating video lottery gaming on or before April  first,  two  thousand
    38  six.    Notwithstanding any inconsistent provision of law, video lottery
    39  franchise gaming at each approved  location  pursuant  to  this  section
    40  shall be deemed an approved activity at such location under the relevant
    41  city,  county,  town, or village land use or zoning ordinances, rules or
    42  regulations. No entity operating video lottery franchise gaming pursuant
    43  to this section may house such gaming activity in a structure deemed  or
    44  approved by the division as "temporary" for longer than eighteen months.
    45    b.  The  division shall promulgate rules and regulations governing all
    46  aspects of the operation and conduct of video lottery franchise  gaming,
    47  including  but  not limited to, the criteria for awarding such licenses,
    48  establishing license fees, approving locations, setting agent  fees  and
    49  establishing  hours  of  operation,  subject to the requirements of this
    50  section.   Criteria for awarding licenses  shall  include,  but  not  be
    51  limited to, maximizing financial support for education, timely implemen-
    52  tation  of  video  lottery franchise gaming, location and quality of the
    53  facility and expertise of the applicant.  Such rules and regulations may
    54  be adopted on an emergency basis pursuant to section two hundred two  of
    55  the state administrative procedure act.
        S. 993                             30                            A. 1923
 
     1    c.  In  consideration  of  its  licensure  and  participation in video
     2  lottery franchise gaming, each licensee shall pay a one-time license fee
     3  to be established by the division for each license issued,  to  be  paid
     4  into the state treasury, to the credit of the state lottery fund created
     5  by section ninety-two-c of the state finance law.
     6    d.  The  specifications  for  video  lottery franchise gaming shall be
     7  designed in such a manner as to pay prizes that  average  no  less  than
     8  ninety percent of sales.
     9    e. Notwithstanding section one hundred twenty-one of the state finance
    10  law,  on  or  before the twentieth day of each month, the division shall
    11  pay into the state treasury, to the credit of a  separate  and  distinct
    12  account  to  be  known  as  the sound basic education account within the
    13  state lottery fund created by section ninety-two-c of the state  finance
    14  law,  the  balance of the total revenue after payout for prizes, less an
    15  amount established by such rules and regulations to be retained  by  the
    16  division  for  operation,  administration  and procurement purposes; and
    17  less a lottery agent fee to be paid to each licensee at a  rate,  to  be
    18  established  by such rules and regulations, not to exceed twenty percent
    19  of total revenue wagered after payout of prizes at such  agent  facility
    20  which  will provide the maximum lottery support for education while also
    21  ensuring the effective implementation of this section through reasonable
    22  reimbursements and compensation to the licensees  for  participation  in
    23  video lottery franchise gaming.
    24    f.  The  director  shall  be  authorized to enter into contracts as an
    25  agent of the state with private entities and non-profit  racing  associ-
    26  ations  licensed  pursuant  to  this section and section sixteen hundred
    27  seventeen-a of this article to encourage  the  timely  participation  in
    28  video  lottery  gaming.  Such  contracts may include a commitment by the
    29  state that each video lottery gaming facility shall have  the  exclusive
    30  right  to operate such facility at its licensed location consistent with
    31  the geographical restrictions contained in subdivision a of this section
    32  for a term of ten years. Notwithstanding any other provision of  law  to
    33  the  contrary,  an agreement by a video lottery gaming facility operator
    34  to build and operate a licensed video lottery gaming facility  shall  be
    35  deemed  good  and  valid consideration for a commitment by the state for
    36  such exclusive right to operate such facility.
    37    g. Notwithstanding any law to the  contrary,  the  division  shall  be
    38  authorized  to  amend,  upon  negotiated  agreement,  competitively  bid
    39  contracts in force and valid on the effective date of  this  section  in
    40  connection  with  video  lottery  gaming  authorized pursuant to section
    41  sixteen hundred seventeen-a of this article to allow  those  contractors
    42  to  provide  goods  and  services in furtherance of this section, and to
    43  extend the terms of such contracts.
    44    § 10. The agriculture and markets law is amended by adding a new arti-
    45  cle 26-AA to read as follows:
    46                                ARTICLE 26-AA
    47                  NEW YORK STATE HORSE BREEDING DEVELOPMENT
    48  Section 420. New York state horse breeding and development funds.
    49          421. Thoroughbred breeding and development program.
    50          422. Agricultural and state horse breeding development program.
    51          423. Quarter horse breeding and development program.
    52          424. Use of term commissioner.
    53          425. Advisory board on horse racing, breeding and development.
    54    § 420. New York state  horse  breeding  and  development  funds.    To
    55  promote  the  breeding  of  horses and the conduct of equine research in
    56  this state, the department through the commissioner shall have the power
        S. 993                             31                            A. 1923
 
     1  to, in consultation with the state gaming commission, administer any and
     2  all funds that were formerly administered by the  corporations  formerly
     3  established  in  law as the "state thoroughbred breeding and development
     4  fund",  "agriculture and New York state horse breeding development fund"
     5  and "New York state quarter horse breeding and development  fund  corpo-
     6  ration."  Notwithstanding any other law, any and all rights, properties,
     7  accounts, contracts, books, maps, plans, papers, records,  property  and
     8  assets  of  such  corporations  shall  be immediately transferred to the
     9  department; provided, however, that nothing herein shall  be  deemed  in
    10  any  way  to  obligate  the state to any bondholder or other creditor of
    11  such corporations.
    12    § 421. Thoroughbred breeding and development  program.    1.  In  each
    13  calendar  year,  all racing associations, corporations and regional off-
    14  track betting corporations shall remit from on-track wagers or off-track
    15  wagers, as the case may be, the sum of one-half of one percent of  regu-
    16  lar,  multiple  and  exotic  wagers,  and  three percent of super exotic
    17  wagers to the state comptroller; provided, however, that every nonprofit
    18  racing association authorized under the racing, pari-mutuel wagering and
    19  breeding law to conduct pari-mutuel betting at a race meeting  of  races
    20  run  thereat  shall pay to the state comptroller seven-tenths of one per
    21  centum of regular, multiple and  exotic  pools  until  December  thirty-
    22  first,  two  thousand  seven.    The state comptroller is authorized and
    23  directed to dispose and distribute the moneys received pursuant to  this
    24  section and in accordance with distribution schedules promulgated by the
    25  commissioner,  in  consultation  with  the  state gaming commission, and
    26  adopted in the rules and regulations of the department.  Such  schedules
    27  shall  be  developed and based on reasonable estimates of funds received
    28  for the fiscal year and made available prior to January  first  of  each
    29  year. In formulating distribution schedules, the commissioner may deter-
    30  mine  that  for those New York-breds foaled after December thirty-first,
    31  nineteen hundred eighty-seven, the  amounts  to  be  made  available  in
    32  awards to the breeders and owners of such New York-breds which have been
    33  sired by registered New York stallions may exceed the amounts to be made
    34  available  to  the  breeders  and owners of such New York-breds sired by
    35  other  than  registered  New  York  stallions.  Such  schedules  may  be
    36  adjusted,  from  time to time, by the commissioner, in consultation with
    37  the state gaming commission, for the following purposes and no other:
    38    a. An amount as shall be determined by the commissioner,  but  not  in
    39  excess  of  forty-three percent, as awards to breeders of New York-breds
    40  finishing first, second, third and fourth in pari-mutuel  races  run  in
    41  New  York  state;  except  that  during any calendar year when the total
    42  percentage of breeder awards exceeds forty-three percent of total reven-
    43  ue the commissioner may increase the percentage of revenue  allotted  to
    44  breeder awards, but in no event shall the allotment exceed fifty percent
    45  of total revenue.
    46    b.  An  amount  as shall be determined by the commissioner, but not in
    47  excess of thirty-three percent, as premiums to owners of New  York-breds
    48  finishing  first,  second,  third and fourth in pari-mutuel races run in
    49  New York state and not restricted to New York-breds; except that  during
    50  any  calendar  year  when  the  total percentage of owner awards exceeds
    51  thirty-three percent of total revenue the commissioner may increase  the
    52  percentage  of  revenue  allotted to owner awards, but in no event shall
    53  the allotment exceed forty percent of total revenue.
    54    c. An amount as shall be determined by the commissioner,  but  not  in
    55  excess  of fifteen percent, as awards to stallion owners, whose New York
    56  stallions have sired New York-breds finishing first, second,  third  and
        S. 993                             32                            A. 1923
 
     1  fourth  in  pari-mutuel  races run in New York state; except that during
     2  any calendar year when the total percentage of stallion  awards  exceeds
     3  fifteen  percent  of  total  revenue  the  commissioner may increase the
     4  percentage of revenue allotted to stallion awards, but in no event shall
     5  the allotment exceed twenty percent of total revenue.
     6    d.  An  amount  as shall be determined by the commissioner, but not in
     7  excess of forty-four percent, to provide purse moneys for  races  exclu-
     8  sively for New York-breds, the conditions of which have been approved by
     9  the  commissioner;  provided,  however,  that the commissioner shall set
    10  aside forty percent of the funds  allotted  under  this  subdivision  to
    11  tracks  operated  by associations or corporations licensed or franchised
    12  in accordance with the  provisions  of  section  two  hundred  seven  or
    13  section two hundred eight of the racing, pari-mutuel wagering and breed-
    14  ing  law,  except  that in addition to the other amounts allotted by the
    15  commissioner under this paragraph, seventy-five percent of fund revenues
    16  derived from payments received in accordance  with  subdivision  one  of
    17  section  five  hundred  twenty-seven of the racing, pari-mutuel wagering
    18  and breeding law shall be allotted exclusively  to  purses  at  a  track
    19  operated  by  a corporation or association licensed under the provisions
    20  of section two hundred seven of the  racing,  pari-mutuel  wagering  and
    21  breeding law.
    22    e.  An  amount  as shall be determined by the commissioner, but not in
    23  excess of five percent, to advance and promote breeding and  raising  of
    24  thoroughbreds  in  this  state  by  the publication and dissemination of
    25  information relating thereto, and the encouragement of interest, includ-
    26  ing among youth, in the breeding and raising of New York-breds,  and  to
    27  advance and promote interest generally in agricultural pursuits.
    28    f.  An amount equal to two percent thereof for the promotion of equine
    29  research through a fund of a land grant  university  within  this  state
    30  with a regents approved veterinary college facility.
    31    2. As used in this section, the following definitions shall apply:
    32    a.  "New  York-bred"  shall mean a thoroughbred which is registered in
    33  the registry designated and administered by the commissioner in  accord-
    34  ance  with  such rules concerning domicile and registration requirements
    35  as may be established by the  commissioner,  in  consultation  with  the
    36  state  gaming  commission,  and: was on or before December thirty-first,
    37  nineteen hundred eighty, foaled in this state; or is on or after January
    38  first, nineteen hundred eighty-one, either: (i)  sired  by  a  New  York
    39  stallion  and  foaled  from  a mare domiciled in this state; (ii) foaled
    40  from a mare domiciled in this state which mare has  been  serviced  back
    41  exclusively by a New York stallion in the year of such foaling; or (iii)
    42  on  or  after  January first, nineteen hundred ninety-five foaled from a
    43  mare domiciled in New York.
    44    b. "Breeder" shall mean the owner of the mare at  the  time  the  mare
    45  foals a New York-bred.
    46    c.  "New  York stallion" shall mean a stallion standing in New York at
    47  the time he was bred to the dam of a New York-bred; a stallion  must  be
    48  registered  with  the department or its designated agent and must be (i)
    49  owned by a resident of this state and standing the entire stud season in
    50  this state; or (ii) owned by a resident of another  state  but  standing
    51  the  entire  stud  season in this state and leased by a resident of this
    52  state for a term of not less than two years; or (iii) owned jointly by a
    53  resident of this state together with a resident  of  another  state  and
    54  standing  the  entire stud season in this state and leased by a resident
    55  of this state for a term of not less than two  years.  Leases  shall  be
    56  filed with the department or its designated agent.
        S. 993                             33                            A. 1923
 
     1    d. "Stallion owner" shall mean the owner of a stallion standing in New
     2  York at the time he was bred to the dam of a New York-bred.
     3    e.  "Races"  shall  mean  races  upon  which  pari-mutuel  wagering is
     4  conducted at thoroughbred race meetings of racing associations or corpo-
     5  rations as authorized by the state gaming commission.    Of  the  monies
     6  received by the commissioner pursuant to this subdivision, all moneys in
     7  excess  of  seventy-five  thousand  dollars  on  hand at the end of each
     8  calendar year shall be apportioned between and paid to the state general
     9  fund and the regional off-track betting corporations based on the  level
    10  of collections by the commissioner during the year from the racing asso-
    11  ciations  or  corporations  and  the  regional  off-track betting corpo-
    12  rations, respectively. Payment of such money to the state  general  fund
    13  and such corporations, respectively, shall be made by March fifteenth of
    14  the  year  following  the  close  of  such  calendar  year. That portion
    15  returned  to  the  regional  off-track  betting  corporations  shall  be
    16  distributed  prior  to May first of such year to the participating local
    17  governments within each region in the same proportion as the  net  earn-
    18  ings of such corporation for the prior calendar year were distributed.
    19    3.  Deposit and disposition of revenue.  Notwithstanding any provision
    20  of law to the contrary, the monies collected and  received  pursuant  to
    21  this  section,  shall  be  deposited  daily with such responsible banks,
    22  banking houses or trust companies, as may be  designated  by  the  comp-
    23  troller,  to the credit of the comptroller, to be held in trust for such
    24  recipients as provided in this section. Such an account  may  be  estab-
    25  lished  in one or more of such depositories. Such deposits shall be kept
    26  separate and apart from all other money in the possession of  the  comp-
    27  troller.  The  comptroller shall require adequate security from all such
    28  depositories.
    29    § 422. Agricultural and state horse breeding development program.   1.
    30  In each calendar year, persons or corporations licensed to conduct pari-
    31  mutuel  betting at harness racing tracks shall then collect and remit to
    32  the state comptroller, an amount equal to three-fifths of one per centum
    33  of all moneys deposited in  pari-mutuel  betting  pools  resulting  from
    34  on-track  bets  at  all races conducted by licensees of the state gaming
    35  commission at a harness horse meeting or races run thereat  except  that
    36  for  super exotic betting pools such amount shall be three per centum of
    37  such bets, as provided by paragraph c  of  subdivision  one  of  section
    38  three  hundred eighteen of the racing, pari-mutuel wagering and breeding
    39  law and to collect and receive in each calendar year to be paid by  each
    40  regional  corporation, an amount equal to three-fifths of one per centum
    41  of daily pools derived from off-track bets on harness races except  that
    42  for  super exotic betting pools such amount shall be three per centum of
    43  such bets as provided by subdivision five of section five hundred  twen-
    44  ty-seven  of  this  chapter;  provided, however, that after April first,
    45  nineteen hundred eighty-six, the amount to  be  collected  and  received
    46  from  such  licensees and regional corporations, except for super exotic
    47  betting pools, shall be one per centum. The state comptroller is author-
    48  ized and directed to dispose  of  and  distribute  the  monies  received
    49  pursuant  to  this  section  in  accordance  with distribution schedules
    50  promulgated by the commissioner, in consultation with the  state  gaming
    51  commission,  and adopted in the rules and regulations of the department,
    52  for the following purpose and no others:
    53    a. An amount as shall be determined by the commissioner in an  account
    54  designated "4-H standardbred development program".
        S. 993                             34                            A. 1923
 
     1    b.  An amount as shall be determined by the commissioner in an account
     2  designated "New York state exposition  horse  facility  maintenance  and
     3  construction".
     4    c.  An amount as shall be determined by the commissioner in an account
     5  designated "New York state exposition breeding farms".
     6    d. An amount as shall be determined by the commissioner in an  account
     7  designated "county and town agricultural societies".
     8    e. An amount as shall be determined by the commissioner, but shall not
     9  be less than seventy-five percent thereof, in an account designated "New
    10  York state breeding farms", and of such amount not less than ten percent
    11  nor  more than twenty percent, as determined by the commissioner, may be
    12  used exclusively for breeders' awards for New York-breds and  awards  to
    13  owners of eligible stallions.
    14    f.  An amount as shall be determined by the commissioner in an account
    15  designated "county and town agricultural society harness racing events".
    16    g. An amount equal to two percent thereof  in  an  account  designated
    17  "equine research".
    18    2. The department is authorized:
    19    a.  To  disburse annually out of the account designated in paragraph d
    20  of subdivision one of this section to any agricultural society qualified
    21  therefor under rules and regulations established by the commissioner, in
    22  consultation with  the  state  gaming  commission,  and  which  properly
    23  requests  same,  reimbursement  for moneys expended by it for actual and
    24  necessary repairs to its grounds or buildings approved  by  the  commis-
    25  sioner  and  used directly in promotion of agriculture generally, except
    26  that no such qualifying society shall be paid in excess of six  thousand
    27  dollars for such repair in any one year, and to disburse annually out of
    28  the  said  account  designated in paragraph d of subdivision one of this
    29  section to any agricultural society qualified therefor under  rules  and
    30  regulations  established  by  the commissioner, in consultation with the
    31  state gaming commission, and which properly requests same.
    32    b. After disbursements of moneys out  of  the  account  designated  in
    33  paragraph  d of subdivision one of this section for repairs as set forth
    34  in paragraph a of this subdivision, to disburse the balance of moneys in
    35  such account upon proper request made by a duly qualifying  agricultural
    36  society  for capital construction of the grounds, building or equipment,
    37  of the requesting society. In the event that the said balance  remaining
    38  in  such  account  is  not sufficient to pay each qualifying society the
    39  amount requested and approved  for  payment  by  the  commissioner,  the
    40  balance  in such account shall be paid on a prorated basis to the amount
    41  each requesting society would be eligible to  receive,  except  that  no
    42  qualifying  society  shall be paid in excess of fifteen thousand dollars
    43  for such capital construction purpose in  any  one  year.    No  capital
    44  construction  moneys  under  this  subdivision shall be paid to any such
    45  agricultural society in the absence of satisfactory proof  presented  to
    46  the  commissioner  that such society has in its possession or on deposit
    47  to its account in bank, a like amount of money to be used by it for  the
    48  same capital construction purpose.
    49    c. Each such society whose application for capital construction moneys
    50  as  described  in  paragraph  b  of  this subdivision is approved by the
    51  commissioner in any year, shall have the right and  privilege  to  defer
    52  such  approved payment to it for capital construction for a period of up
    53  to three years beyond the year  of  approval.  In  the  event  that  the
    54  approved  capital  construction  remains  uncompleted at the end of said
    55  three year deferred  period,  the  amount  of  moneys  so  approved  and
        S. 993                             35                            A. 1923
 
     1  deferred  shall  become  a  part of the balance for capital construction
     2  available to all such agricultural societies.
     3    d.  Any  county  or town agricultural society may apply to the commis-
     4  sioner for permission pursuant to the provisions hereof to make  one  or
     5  more  capital  improvements and the commissioner shall determine whether
     6  the proposed capital construction will promote agriculture  or  domestic
     7  arts  in  this  state and, on a finding in the affirmative shall approve
     8  such construction and provide for payment to the applying society out of
     9  the account under the provisions designated in paragraph d  of  subdivi-
    10  sion one of this section.
    11    e. Agricultural societies qualified to participate under this subdivi-
    12  sion,  shall,  on or before the thirty-first day of December in the year
    13  immediately preceding the year in  which  the  said  moneys  are  to  be
    14  distributed,  make  application  for  participation to the commissioner.
    15  Sums paid hereunder to participating societies shall  be  separate  from
    16  and  additional  to  any  sums paid annually by the department under the
    17  provisions of section two hundred eighty-six of this chapter.
    18    f. The commissioner shall provide forms for application  for  distrib-
    19  ution  and  shall  prescribe such regulations and rules as are necessary
    20  for carrying out the provisions of this subdivision and  may  make  such
    21  investigations  as  are  necessary  to  determine  the  validity  of any
    22  requests, claims and applications for distribution of moneys hereunder.
    23    3. The department is further authorized to disburse  annually  out  of
    24  the account designated in paragraph a of subdivision one of this section
    25  such  amounts  as the commissioner deems advisable to such 4-H societies
    26  as are engaged or propose to engage in a program for the development  of
    27  standardbred  horses. The form for application by such 4-H societies for
    28  such moneys, shall be prescribed by the  commissioner,  in  consultation
    29  with the state gaming commission.
    30    4.  The  department  is further authorized to disburse annually out of
    31  the account designated in paragraph b of subdivision one of this section
    32  to the department for the construction and maintenance of racing facili-
    33  ties at the New York state exposition, such moneys deposited therein, to
    34  the extent that such moneys are expended for such purposes.
    35    5. The department is further authorized to disburse annually as  purs-
    36  es, prizes or premiums the moneys contained in the account designated in
    37  paragraph c of subdivision one of this section to owners of the winners,
    38  second,  third, fourth and fifth place horses of all harness horse stake
    39  and overnight races conducted at the New York state exposition, for  New
    40  York-bred  colts,  fillies  and  horses,  as  such  New York-bred colts,
    41  fillies and horses comply with conditions for stake and overnight events
    42  set forth in subdivision six of this section.
    43    6. The department is further authorized to conduct each year,  at  the
    44  New  York  state  exposition,  with  the approval of the director of the
    45  exposition, colt, stake and overnight events for standardbred horses  to
    46  provide  contests  for two year old and three year old colts and fillies
    47  at each gait of trotting and  pacing.  The  colt,  stake  and  overnight
    48  events  so  conducted  for  two  year  old  and three year old colts and
    49  fillies at each gait of trotting and pacing hereunder  shall  be  condi-
    50  tioned to admit only those colts and fillies dropped from a mare bred in
    51  this  state  and  sired  by  a  stallion owned or leased and permanently
    52  standing for service at and within this state at the time  of  the  said
    53  foal's conception. Such colt, stake and overnight events shall be opened
    54  for nomination not earlier than the first day of January in the year the
    55  event is to be held and only colts and fillies and horses complying with
    56  the following standards shall be eligible for such nomination:
        S. 993                             36                            A. 1923
 
     1    a.  All  foals must be sired by a stallion registered with the depart-
     2  ment or an agent designated by it.
     3    b.  Prior to December first of each year, all persons standing a stal-
     4  lion at either public or private service shall file with the  department
     5  or an agent designated by it a list of all mares bred to each stallion.
     6    c.  All  persons  standing  a stallion in New York state must register
     7  each stallion with the department or an agent designated by it.
     8    d. Syndicates standing a stallion in this state where the syndicate is
     9  owned partly by non-residents of this state, must file a lease with  the
    10  department or an agent designated by it.
    11    e. Stallion eligibility: Eligible stallions are those stallions:
    12    (i) owned by a resident of New York state and standing the entire stud
    13  season in New York state, or
    14    (ii)  owned  by a resident of a state other than New York but standing
    15  the entire stud season in this state and leased by a  resident  of  this
    16  state for a term of not less than ten years, or
    17    (iii)  owned  jointly  by  a  resident  of a state other than New York
    18  together with a resident of this state  and  standing  the  entire  stud
    19  season  in  this state and leased by a resident of this state for a term
    20  of not less than ten years.
    21    (A) Starting fees in such colt and filly stake  events  shall  not  be
    22  less  than  two percent of the amount of the purse therefor and shall be
    23  added to purses to be distributed as hereinafter provided.
    24    (B) Purses, stakes or prizes shall be paid  to  the  winners,  second,
    25  third, fourth and fifth place horses in the aforesaid colt and filly and
    26  horse  stake  events,  in amounts determined by the commissioner. Purses
    27  and prizes shall be paid to the winners, second, third, fourth and fifth
    28  place horses in overnight events, in amounts to  be  determined  by  the
    29  harness track licensees.
    30    7.  The  department  is  further authorized to provide, in cooperation
    31  with each licensee harness track in this state, provide for the  running
    32  of  stake  events  conditioned to admit only two year old and three year
    33  old colts and fillies dropped from a mare bred in this state  and  sired
    34  by  a  stallion  owned or leased and permanently standing for service at
    35  and within this state at the time of the said foal's conception, at each
    36  gait of trotting and pacing, to be known as "New York sire  stakes"  and
    37  to contribute to the purses, stakes or prizes to be awarded in such "New
    38  York  sire  stakes", such sums as the commissioner shall deem advisable.
    39  The commissioner may prescribe a starting fee for  such  "New  York-bred
    40  harness  horse  stakes"  but in no event shall such fee be less than two
    41  per centum of the estimated purse for each  entry.  The  fee  prescribed
    42  shall  be  added  to the purses awarded. Subsequent to the year nineteen
    43  hundred sixty-five, a foal shall be eligible  for  the  "New  York  sire
    44  stakes"  if conceived from a mare bred in the state and sired by a stal-
    45  lion owned by a resident of this state or leased to a resident  of  this
    46  state  for  a  period of no less than ten years and standing for service
    47  within the state at the time of the foal's conception.  The commissioner
    48  shall have the power to, in consultation with the state  gaming  commis-
    49  sion,  prescribe  rules  and regulations to determine the eligibility of
    50  entries in "New York-bred harness horse races"  and  to  effectuate  the
    51  purposes and requirements set forth in this subdivision.
    52    8.  The  department  is  further authorized to provide, in cooperation
    53  with each town and county agricultural society, qualified therefor under
    54  rules and regulations established by the commissioner,  to  provide  for
    55  the  running of New York-bred harness horse racing events, as authorized
    56  by the commissioner, and to contribute to the purses, prizes and  premi-
        S. 993                             37                            A. 1923
 
     1  ums, such sums as the commissioner shall deem advisable, to be disbursed
     2  from  the  account  designated  "county  and  town  agricultural society
     3  harness racing events". Said events shall be conditioned to  admit  only
     4  standardbred  horses  which  meet the standards set forth in subdivision
     5  six of this section.
     6    9. Deposit and disposition of revenue. Notwithstanding  any  provision
     7  of  law  to  the contrary, the monies collected and received pursuant to
     8  this section, shall be deposited  daily  with  such  responsible  banks,
     9  banking  houses  or  trust  companies, as may be designated by the comp-
    10  troller, to the credit of the comptroller, to be held in trust for  such
    11  recipients  as  provided  in this section. Such an account may be estab-
    12  lished in one or more of such depositories. Such deposits shall be  kept
    13  separate  and  apart from all other money in the possession of the comp-
    14  troller. The comptroller shall require adequate security from  all  such
    15  depositories.
    16    §  423.  Quarter  horse  breeding and development program.  1. In each
    17  calendar year, quarter horse  racing  associations  or  corporations  or
    18  regional  off-track  betting  corporations  shall  collect and remit ten
    19  percent of the breaks derived from on-track wagers or off-track  wagers,
    20  as  the  case  may  be,  as  provided in articles four and five-A of the
    21  racing, pari-mutuel wagering and breeding law to the state  comptroller.
    22  The state comptroller is authorized and directed to dispose and distrib-
    23  ute  the moneys received pursuant to this section and in accordance with
    24  distribution schedules promulgated by the commissioner, in  consultation
    25  with  the  state  gaming  commission, and adopted in the rules and regu-
    26  lations of the department for the following purposes and no other:
    27    a. Thirty-six percent as awards to breeders of New York-breds  finish-
    28  ing first, second, third and fourth in open races.
    29    b.  Fifteen percent as awards to stallion owners, whose New York stal-
    30  lions have sired New  York-breds  finishing  first,  second,  third  and
    31  fourth in races.
    32    c.  Thirty-five  percent to provide purse moneys for races exclusively
    33  for New York-breds, the conditions of which have been  approved  by  the
    34  commissioner.
    35    d. Nine percent to advance and promote breeding and raising of quarter
    36  horses in this state by the publication and dissemination of information
    37  relating  thereto,  and  the  encouragement of interest, including among
    38  youth, in the breeding and raising of New York-breds, and to advance and
    39  promote interest generally in agricultural pursuits.
    40    e. Of the monies received by the commissioner pursuant to this  subdi-
    41  vision,  all monies in excess of twenty-five thousand dollars on hand at
    42  the end of each calendar year shall be remitted  to  the  state  general
    43  fund.
    44    2. As used in this subdivision, the following definitions shall apply:
    45    a. "New York-bred" shall mean a quarter horse foaled in New York state
    46  and  registered  in  the registry administered by quarter horse breeding
    47  associations in this state designated by the state gaming commission  or
    48  racing and wagering board.
    49    b.  "Breeder"  shall  mean  the owner of the mare at the time the mare
    50  foals a New York-bred.
    51    c. "New York stallion" shall mean a stallion standing in New  York  at
    52  the  time  he was bred to the dam of a New York-bred; a stallion must be
    53  registered with the department or its designated agent and must be:  (i)
    54  owned by a resident of this state and standing the entire stud season in
    55  this  state;  or  (ii) owned by a resident of another state but standing
    56  the entire stud season in this state and leased by a  resident  of  this
        S. 993                             38                            A. 1923
 
     1  state for a term of not less than ten years; or (iii) owned jointly by a
     2  resident  of  this  state  together with a resident of another state and
     3  standing the entire stud season in this state and leased by  a  resident
     4  of  this  state  for  a term of not less than ten years. Leases shall be
     5  filed with the department or its designated agent.
     6    d. "Stallion owner" shall mean the owner of a stallion standing in New
     7  York at the time he was bred to the dam of a New York-bred.
     8    e. "Races"  shall  mean  races  upon  which  pari-mutuel  wagering  is
     9  conducted  at  quarter  horse  race  meetings  of racing associations or
    10  corporations as authorized by the state gaming commission.
    11    3. Notwithstanding any provision of law to the  contrary,  the  monies
    12  collected  and  received  pursuant  to  this section, shall be deposited
    13  daily with such responsible banks, banking houses or trust companies, as
    14  may be designated by the comptroller, to the credit of the  comptroller,
    15  to  be  held  in  trust for such recipients as provided in this section.
    16  Such an account may be established in one or more of such  depositories.
    17  Such  deposits  shall be kept separate and apart from all other money in
    18  the  possession  of  the  comptroller.  The  comptroller  shall  require
    19  adequate security from all such depositories.
    20    §  424.  Use  of term commissioner.   Unless the context shall require
    21  otherwise, the terms "New York state thoroughbred breeding and  develop-
    22  ment  fund",  "agriculture and New York state horse breeding development
    23  fund" or "New York state quarter horse racing breeding  and  development
    24  fund corporation" wherever occurring in any provision of law, or, in any
    25  official  books,  records, instruments, rules or papers, shall hereafter
    26  mean and refer to the commissioner.
    27    § 425. Advisory board on horse racing, breeding and development.    1.
    28  There is hereby established in the department an advisory board on horse
    29  racing,  breeding  and development which shall consist of seven members,
    30  to be appointed by the commissioner. Members of the advisory board shall
    31  be broadly representative of persons interested in harness and thorough-
    32  bred horse racing and breeding. Of  the  members  first  appointed,  two
    33  shall be appointed for terms of one year, two for terms of two years and
    34  three  for terms of three years. Their successors shall be appointed for
    35  terms of three years. The  commissioner  shall  designate  one  of  such
    36  appointees  to  be  chair  of the advisory board. The advisory board may
    37  elect from its membership, a vice-chair and a  secretary.  Vacancies  in
    38  the  membership  of the advisory board occurring from any cause shall be
    39  filled by the commissioner for the unexpired term.
    40    2. The commissioner may detail from time to time to the assistance  of
    41  the  advisory board such employees of the department as may be required,
    42  and shall provide suitable space in the offices of  the  department  for
    43  the meetings and records of the advisory board.
    44    3.  The  advisory board shall meet at the call of the commissioner and
    45  at such other times as it may deem necessary and at such places  as  may
    46  be convenient.
    47    4.  It  shall  be the duty of the advisory board hereby established to
    48  advise, counsel and confer with the commissioner on  matters relating to
    49  horse racing and breeding. The advisory board may recommend improvements
    50  in the laws or rules relating to the administration by the  commissioner
    51  of  the  respective horse racing, breeding and development funds, as may
    52  be deemed advisable to secure the effective administration of such  laws
    53  and rules.
    54    5.    The  advisory  board,  with the consent of the commissioner, may
    55  adopt rules and regulations to govern its own proceedings. The secretary
    56  shall keep a complete record of all its proceedings which shall show the
        S. 993                             39                            A. 1923
 
     1  names of the members present at each meeting and any action taken by the
     2  advisory board. The record shall be filed in the office of  the  depart-
     3  ment.  All  records  and  other  documents of the department relating to
     4  matters  within  the jurisdiction of the advisory board shall be subject
     5  to inspection by members of the advisory board.
     6    6. The members of the advisory board shall receive no compensation for
     7  their services hereunder but they shall be entitled to reimbursement for
     8  their actual and necessary traveling and other  expenses  heretofore  or
     9  hereafter  incurred  by them in connection with the performance of their
    10  duties under this section.
    11    § 11. Paragraph c of subdivision 1 of section 318 of the racing, pari-
    12  mutuel wagering and breeding law, as amended by chapter 261 of the  laws
    13  of 1988, is amended to read as follows:
    14    c.  Of  the  sums retained by any harness racing association or corpo-
    15  ration, an amount equal to three-fifths of one per centum of  the  total
    16  pools  resulting  from on-track regular, multiple and exotic bets and an
    17  amount equal to three per centum  of  the  total  pools  resulting  from
    18  on-track  super  exotic  bets  shall be paid to the [agriculture and New
    19  York state horse breeding development fund] state comptroller  in  trust
    20  in  accordance with article twenty-six-AA of the agriculture and markets
    21  law, provided, however, that after April first, nineteen hundred  eight-
    22  y-six,  the  amount  to  be  paid to the [agriculture and New York state
    23  horse breeding development fund] state comptroller in trust  in  accord-
    24  ance with article twenty-six-AA of the agriculture and markets law shall
    25  equal one per centum of the total pools resulting from on-track regular,
    26  multiple  and exotic bets and an amount equal to three per centum of the
    27  total pools resulting from super exotic bets.
    28    § 12. Subdivision 1 of section 228 of the racing, pari-mutuel wagering
    29  and breeding law, as amended by section 2 of part F3 of  chapter  62  of
    30  the laws of 2003, is amended to read as follows:
    31    1.  Every  corporation or association authorized under this chapter to
    32  conduct pari-mutuel betting at a race  meeting  on  races  run  thereat,
    33  except  as  provided  in section two hundred twenty-nine of this chapter
    34  with respect to nonprofit racing associations, shall distribute all sums
    35  deposited in any pari-mutuel pool to  the  holders  of  winning  tickets
    36  therein,  providing  such  tickets be presented for payment before April
    37  first of the year following the year of their purchase, less  an  amount
    38  which  shall  be  established and retained by such racing association or
    39  corporation of between fourteen to twenty per centum of the total depos-
    40  its in pools resulting from regular on-track bets and  less  sixteen  to
    41  twenty-two  per  centum  of  the  total deposits in pools resulting from
    42  multiple on-track bets and less twenty to thirty per centum of the total
    43  deposits in pools resulting from exotic on-track bets and less twenty to
    44  thirty-six per centum of the total pools  resulting  from  super  exotic
    45  on-track  bets, plus the breaks. The retention rate to be established is
    46  subject to the prior approval of the [racing and wagering  board]  state
    47  gaming  commission.  Such  rate  may  not  be changed more than once per
    48  calendar quarter to be effective on the first day of the calendar  quar-
    49  ter. "Exotic bets" and "multiple bets" shall have the meanings set forth
    50  in  section  five hundred nineteen of this chapter and breaks are hereby
    51  defined as the odd cents over any multiple of ten, or  for  exotic  bets
    52  over  any multiple of fifty, or for super exotic bets, over any multiple
    53  of one hundred, calculated on the basis of one dollar, otherwise payable
    54  to a patron provided, however, that effective after  October  fifteenth,
    55  nineteen  hundred ninety-four breaks are hereby defined as the odd cents
    56  over any multiple of five for payoffs greater than one dollar five cents
        S. 993                             40                            A. 1923
 
     1  but less than five dollars, over any multiple of ten for payoffs greater
     2  than five dollars but less than twenty-five dollars, over  any  multiple
     3  of  twenty-five  for  payoffs  greater than twenty-five dollars but less
     4  than  two  hundred  fifty  dollars,  or  over  any multiple of fifty for
     5  payoffs over two hundred fifty dollars. "Super exotic bets"  shall  have
     6  the  meaning  set forth in section three hundred one of this chapter. Of
     7  the amount so retained there shall be paid by such corporation or  asso-
     8  ciation to the state tax commission as a reasonable tax by the state for
     9  the  privilege of conducting pari-mutuel betting on the races run at the
    10  race meeting held by such corporation or association, which tax is here-
    11  by levied, the following percentages of the total pool, plus  fifty-five
    12  per  centum of the breaks; the applicable rates for regular and multiple
    13  bets shall be one and one-half per  centum;  the  applicable  rates  for
    14  exotic bets shall be six and three-quarter per centum and the applicable
    15  rate  for super exotic bets shall be seven and three-quarter per centum.
    16  Effective on and after September first,  nineteen  hundred  ninety-four,
    17  the  applicable tax rate shall be one per centum of all wagers, provided
    18  that, an amount equal to one-half the difference  between  the  taxation
    19  rate for on-track regular, multiple and exotic bets as of December thir-
    20  ty-first,  nineteen  hundred ninety-three and the rates on such on-track
    21  wagers  as  herein  provided  shall  be  used  exclusively  for  purses.
    22  Provided,  however,  that for any twelve-month period beginning on April
    23  first in nineteen hundred ninety and any year thereafter,  each  of  the
    24  applicable  rates  set  forth above shall be increased by one-quarter of
    25  one per centum on all on-track bets of any such  racing  association  or
    26  corporation  that did not expend an amount equal to at least one-half of
    27  one per centum of its on-track bets  during  the  immediately  preceding
    28  calendar  year  for  enhancements  consisting of capital improvements as
    29  defined by section two hundred twenty-eight-a of this  article,  repairs
    30  to  its  physical plant, structures, and equipment used in its racing or
    31  wagering operations as certified  by  the  [state  racing  and  wagering
    32  board]  state  gaming  commission  to  the  commissioner of taxation and
    33  finance no later than eighty days after the close of such calendar year,
    34  and five special events at each track in each calendar year, not  other-
    35  wise  conducted in the ordinary course of business, the purpose of which
    36  shall be to encourage, attract and promote track attendance and  encour-
    37  age  new  and continued patronage, which events shall be approved by the
    38  [racing and wagering board] state gaming commission for purposes of this
    39  subdivision. In the determination  of  the  amounts  expended  for  such
    40  enhancements,  the  [board]  commission  may  consider  the  immediately
    41  preceding twelve month calendar period or the average of the  two  imme-
    42  diately  preceding  twelve  month  calendar  periods.  Provided further,
    43  however, that of the portion of the increased amounts retained  by  such
    44  association  or  corporation  above  those  amounts retained in nineteen
    45  hundred eighty-four, an amount of such increase shall be distributed  to
    46  purses in the same proportion as commissions and purses were distributed
    47  during  nineteen hundred eighty-four as certified by the [board] commis-
    48  sion. Such corporation or association in the second zone shall receive a
    49  credit against the daily tax imposed by this subdivision  in  an  amount
    50  equal  to  one per centum of total daily pools resulting from the simul-
    51  cast of such corporation's or association's races to licensed facilities
    52  operated by regional off-track betting corporations in  accordance  with
    53  section one thousand eight of this chapter, provided however, that sixty
    54  per  centum  of  the  amount of such credit shall be used exclusively to
    55  increase purses for overnight races conducted  by  such  corporation  or
    56  association;  and,  provided  further, that in no event shall such total
        S. 993                             41                            A. 1923
 
     1  daily credit exceed one per centum of the total daily pool of such asso-
     2  ciation or corporation. Provided, however, that on and  after  September
     3  first,  nineteen  hundred  ninety-four  such credit shall be four-tenths
     4  percent  of  total daily pools resulting from such simulcasting and that
     5  in no event shall such total daily credit equal four-tenths  percent  of
     6  the  total  daily  pool  of such association or corporation. Such corpo-
     7  ration or association shall pay  to  the  New  York  state  thoroughbred
     8  breeding  and  development  fund one-half of one per centum of the total
     9  daily on-track pari-mutuel pools from regular, multiple and exotic bets,
    10  and three per centum of super exotic bets. The  corporation  or  associ-
    11  ation  shall  receive  credit as a reduction of the tax by the state for
    12  the privilege of conducting pari-mutuel betting for the amounts,  except
    13  amounts paid from super exotic betting pools, paid to the New York state
    14  thoroughbred breeding and development fund after January first, nineteen
    15  hundred seventy-eight.
    16    Such  corporation  or association shall distribute to purses an amount
    17  equal to fifty per centum of any compensation it  receives  from  simul-
    18  casting  or  from  wagering  conducted  outside  the United States. Such
    19  corporation or association shall pay to the [racing and wagering  board]
    20  state gaming commission as a regulatory fee, which fee is hereby levied,
    21  [thirty-nine]  fifty  hundredths  of  one  per centum of the total daily
    22  on-track pari-mutuel pools of such corporation or association.
    23    § 13. Paragraph (e) of subdivision 1 of section  229  of  the  racing,
    24  pari-mutuel  wagering  and breeding law, as amended by section 3 of part
    25  F3 of chapter 62 of the laws of 2003, is amended to read as follows:
    26    (e) The pari-mutuel tax rate  authorized  by  paragraph  (a)  of  this
    27  subdivision  shall  be  effective so long as a non-profit racing associ-
    28  ation notifies the [racing and wagering board] state  gaming  commission
    29  by  August  fifteenth  of  each  year  that such pari-mutuel tax rate is
    30  effective of its intent to conduct a race meeting at Aqueduct  racetrack
    31  during  the  months of December, January, February, March and April. For
    32  purposes of this paragraph such race meeting shall consist of  not  less
    33  than  ninety-five  days of racing. Not later than May first of each year
    34  that such pari-mutuel tax rate is effective, the  [racing  and  wagering
    35  board] state gaming commission shall determine whether a race meeting at
    36  Aqueduct  racetrack  consisted of the number of days as required by this
    37  paragraph. In determining the number of race  days,  cancellation  of  a
    38  race day because of an act of God, which the [racing and wagering board]
    39  state  gaming  commission approves or because of weather conditions that
    40  are unsafe or hazardous which the  [racing  and  wagering  board]  state
    41  gaming  commission  approves  shall  not  be  construed  as a failure to
    42  conduct a race day.  Additionally, cancellation of a race day because of
    43  circumstances beyond the control of such non-profit  racing  association
    44  for  which the [racing and wagering board] state gaming commission gives
    45  approval shall not be construed as a failure to conduct a race  day.  If
    46  the  [racing and wagering board] state gaming commission determines that
    47  the number of days of racing as required  by  this  paragraph  have  not
    48  occurred then the pari-mutuel tax rate in paragraph (a) of this subdivi-
    49  sion  shall revert to the pari-mutuel tax rates in effect prior to Janu-
    50  ary first, nineteen hundred ninety-five. Such non-profit racing  associ-
    51  ation  shall  pay  to  the  [racing  and  wagering  board]  state gaming
    52  commission as a regulatory fee, which fee  is  hereby  levied,  [thirty-
    53  nine]  fifty  hundredths  of  one per centum of the total daily on-track
    54  pari-mutuel pools of such association.
        S. 993                             42                            A. 1923
 
     1    § 14. Paragraph d of subdivision 1 of section 318 of the racing, pari-
     2  mutuel wagering and breeding law, as added by section 6 of  part  F3  of
     3  chapter 62 of the laws of 2003, is amended to read as follows:
     4    d.  Every  harness  racing association or corporation shall pay to the
     5  [board] commission as a regulatory fee,  which  fee  is  hereby  levied,
     6  [thirty-nine]  fifty  hundredths  of  one  percent  of  the  total daily
     7  on-track pari-mutuel pools of such association or corporation.
     8    § 15. The opening paragraph of subdivision 1 of  section  527  of  the
     9  racing,  pari-mutuel  wagering and breeding law, as amended by section 1
    10  of part AA of chapter 59 of the laws of 2004,  is  amended  to  read  as
    11  follows:
    12    The  disposition  of the retained commission from pools resulting from
    13  regular, multiple or exotic bets, as the case may be, whether placed  on
    14  races  run  within  a region or outside a region, conducted by nonprofit
    15  racing associations, racing associations, harness racing associations or
    16  corporations, quarter horse racing associations or corporations or races
    17  run outside the state shall be governed by the tables  in  paragraphs  a
    18  and b of this subdivision. The rate denominated "state tax" shall repre-
    19  sent  the  rate of a reasonable tax imposed upon the retained commission
    20  for the privilege of conducting off-track pari-mutuel betting, which tax
    21  is hereby levied and shall be payable in the manner set  forth  in  this
    22  section. Each off-track betting corporation shall pay to the [racing and
    23  wagering  board]  state gaming commission as a regulatory fee, which fee
    24  is hereby levied, [thirty-nine] fifty hundredths of one percent  of  the
    25  total  daily  pools of such corporation. Each corporation shall also pay
    26  twenty per centum of the breaks derived from bets on harness  races  and
    27  fifty  per  centum of the breaks derived from bets on all other races to
    28  the commissioner of agriculture and [New York State horse  breeding  and
    29  development  fund and to the thoroughbred breeding and development fund,
    30  the total of such payments to be apportioned fifty per  centum  to  each
    31  such fund] markets. For the purposes of this section, the New York city,
    32  Suffolk,  Nassau,  and  the  Catskill  regions shall constitute a single
    33  region and any thoroughbred track located within  the  Capital  District
    34  region  shall  be  deemed  to  be within such single region. A "regional
    35  meeting" shall refer to either  harness  or  thoroughbred  meetings,  or
    36  both, except that a nonprofit racing association shall not be a regional
    37  track  for the purpose of receiving distributions from bets on thorough-
    38  bred races conducted by a thoroughbred  track  in  the  Catskill  region
    39  conducting  a  mixed  meeting.    With the exception of a harness racing
    40  association or corporation first licensed to conduct pari-mutuel  wager-
    41  ing at a track located in Tioga county after January first, two thousand
    42  [four]  five,  racing  associations  or  corporations  first licensed to
    43  conduct pari-mutuel racing after January first, nineteen hundred  eight-
    44  y-six  or  a harness racing association or corporation first licensed to
    45  conduct pari-mutuel wagering at a track located in Genesee County  after
    46  January  first, two thousand [four] five, and quarter horse tracks shall
    47  not be "regional tracks"; if there is more than one harness track within
    48  a region, such tracks shall evenly divide payments made pursuant to  the
    49  tables  in  paragraphs a and b of this subdivision when neither track is
    50  running. In the event a track elects to reduce its  retained  percentage
    51  from  any  or  all  of  its pari-mutuel pools, the payments to the track
    52  holding the race and the regional track required by paragraphs a  and  b
    53  of  this  subdivision  shall be reduced in proportion to such reduction.
    54  Nothing in this section shall be construed to authorize the  conduct  of
    55  off-track  betting  contrary  to  the provisions of section five hundred
    56  twenty-three of this article.
        S. 993                             43                            A. 1923
 
     1    § 16. Paragraph a of subdivision 1 of section 905 of the racing, pari-
     2  mutuel wagering and breeding law, as amended by section 12 of part F3 of
     3  chapter 62 of the laws of 2003, is amended to read as follows:
     4    a.  The  applicable  state  tax  provided for in paragraphs a and b of
     5  subdivision one of section five hundred  twenty-seven  of  this  chapter
     6  shall  be one-half per centum for regular, multiple and exotic bets. Any
     7  harness racing or association or corporation, nonprofit  racing  associ-
     8  ation  or  thoroughbred  racing  association  or  corporation authorized
     9  pursuant to this section shall pay to the [racing  and  wagering  board]
    10  state gaming commission as a regulatory fee, which fee is hereby levied,
    11  [thirty-nine]  fifty  hundredths of one percent of the total daily pari-
    12  mutuel pools.
    13    § 17. Paragraph g of subdivision 3 of  section  1007  of  the  racing,
    14  pari-mutuel wagering and breeding law, as added by section 16 of part F3
    15  of chapter 62 of the laws of 2003, is amended to read as follows:
    16    g. Any harness racing or association or corporation, non-profit racing
    17  association or thoroughbred racing association or corporation authorized
    18  pursuant  to  this  section shall pay to the [racing and wagering board]
    19  state gaming commission as a regulatory fee, which fee is hereby levied,
    20  [thirty-nine] fifty hundredths of one percent of the total  daily  pari-
    21  mutuel pools.
    22    §  18.  Paragraph  b  of  subdivision 3 of section 1008 of the racing,
    23  pari-mutuel wagering and breeding law, as amended by section 18 of  part
    24  F3 of chapter 62 of the laws of 2003, is amended to read as follows:
    25    b.  Of  the sums received by the sending track, fifty percent shall be
    26  distributed to purses in addition  to  moneys  distributed  pursuant  to
    27  section five hundred twenty-seven of this chapter. The off-track betting
    28  corporation  shall  pay  to the [racing and wagering board] state gaming
    29  commission as a regulatory fee, which fee  is  hereby  levied,  [thirty-
    30  nine] fifty hundredths of one percent of the total daily pools.
    31    §  19.  Paragraph  d  of  subdivision 4 of section 1009 of the racing,
    32  pari-mutuel wagering and breeding law, as added by section 19 of part F3
    33  of chapter 62 of the laws of 2003, is amended to read as follows:
    34    d. The operator shall pay to the [racing  and  wagering  board]  state
    35  gaming  commission  as  a  regulatory  fee,  which fee is hereby levied,
    36  [thirty-nine] fifty hundredths of one percent of the total daily pools.
    37    § 20. Subparagraph (iv) of paragraph i of  subdivision  1  of  section
    38  1015  of  the racing, pari-mutuel wagering and breeding law, as added by
    39  section 21 of part F3 of chapter 62 of the laws of 2003, is  amended  to
    40  read as follows:
    41    (iv)  any thoroughbred racing association or corporation or non-profit
    42  racing association or harness racing association or corporation or  off-
    43  track  betting corporation authorized pursuant to this section shall pay
    44  to the [racing and wagering board] state gaming commission as a  regula-
    45  tory  fee, which fee is hereby levied, [thirty-nine] fifty hundredths of
    46  one percent of all wagering pools.
    47    § 21. Paragraph e of subdivision 3 of  section  1016  of  the  racing,
    48  pari-mutuel wagering and breeding law, as added by section 22 of part F3
    49  of chapter 62 of the laws of 2003, is amended to read as follows:
    50    e.  Any  thoroughbred  racing association or corporation or non-profit
    51  racing association or harness racing association or corporation or  off-
    52  track  betting corporation authorized pursuant to this section shall pay
    53  to the [racing and wagering board] state gaming commission as a  regula-
    54  tory  fee, which fee is hereby levied, [thirty-nine] fifty hundredths of
    55  one percent of all wagering pools.
        S. 993                             44                            A. 1923
 
     1    § 22. Clause (B) of subparagraph 2 of paragraph b of subdivision 1  of
     2  section  1017  of  the racing, pari-mutuel wagering and breeding law, as
     3  added by section 23 of part F3 of chapter 62 of the  laws  of  2003,  is
     4  amended to read as follows:
     5    (B)  Any  harness  racing  or  association  or corporation, non-profit
     6  racing association or thoroughbred  racing  association  or  corporation
     7  authorized  pursuant to this section shall pay to the [racing and wager-
     8  ing board] state gaming commission as a regulatory  fee,  which  fee  is
     9  hereby  levied,  [thirty-nine]  fifty  hundredths  of one percent of the
    10  total daily pari-mutuel pools.
    11    § 23. Paragraph b of subdivision 2 of section 1017-b  of  the  racing,
    12  pari-mutuel wagering and breeding law, as added by section 25 of part F3
    13  of chapter 62 of the laws of 2003, is amended to read as follows:
    14    b.  Any  thoroughbred  racing association or corporation or non-profit
    15  racing association or harness racing association or corporation or  off-
    16  track  betting  corporation shall pay to the [racing and wagering board]
    17  state gaming commission as a regulatory fee, which fee is hereby levied,
    18  [thirty-nine] fifty hundredths of one percent of all wagering pools.
    19    § 24.  Subdivision 5 of section 527 of the racing, pari-mutuel  wager-
    20  ing  and  breeding  law, paragraphs a and b as amended by chapter 286 of
    21  the laws of 1985, is amended to read as follows:
    22    5. a. From the total retained by a  regional  corporation,  an  amount
    23  equal  to  three-fifths  of  one  per centum through March thirty-first,
    24  nineteen hundred eighty-six, and one  per  centum  thereafter  of  daily
    25  pools  derived  from  bets on harness races shall be paid to the commis-
    26  sioner of agriculture and [New York state breeding and development fund]
    27  markets except that for super exotic betting pools such amount shall  be
    28  three per centum of such bets.
    29    b.  An  amount equal to one-half of one per centum of total daily off-
    30  track pari-mutuel pools resulting from regular, multiple and exotic bets
    31  and three per centum of super exotic bets on  thoroughbred  or  steeple-
    32  chase  races  shall be paid to the [New York state thoroughbred breeding
    33  and development fund] commissioner of agriculture and markets.
    34    c. From the total breaks retained by a regional corporation, an amount
    35  equal to ten per centum of the breaks derived from bets on quarter horse
    36  races shall be paid to the [New York state quarter  horse  breeding  and
    37  development fund] commissioner of agriculture and markets.
    38    §  25. Sections 244, 245, 246, 247, 248, 249, 250, 330, 331, 332, 333,
    39  334, 335, 336, 430, 431, 432, 433, 434, 435 and 436 of the racing, pari-
    40  mutuel wagering and breeding law are REPEALED.
    41    § 26. Subdivision 3-a of section 405.00 of the penal law, as added  by
    42  chapter 151 of the laws of 2002, is amended to read as follows:
    43    3-a.  Notwithstanding  the  provisions  of  subdivision  three of this
    44  section, no permit may be issued to conduct a public  display  of  fire-
    45  works upon any property where the boundary line of such property is less
    46  than  five hundred yards from the boundary line of any property which is
    47  owned, leased or operated by any breeder as defined in  paragraph  b  of
    48  subdivision [four of section two hundred forty-four of the racing, pari-
    49  mutuel  wagering and breeding] two of section four hundred twenty-one of
    50  the agriculture and markets law.
    51    § 27. Paragraph f of subdivision 9 of section 301 of  the  agriculture
    52  and markets law, as added by chapter 516 of the laws of 2002, is amended
    53  to read as follows:
    54    f.  Or payments received by thoroughbred breeders pursuant to [section
    55  two hundred forty-seven of the racing, pari-mutuel wagering and breeding
    56  law] article twenty-six-AA of this chapter.
        S. 993                             45                            A. 1923
 
     1    § 28. This act shall take effect on the ninetieth day after  it  shall
     2  have  become  a law; provided, however, that the governor shall be imme-
     3  diately authorized to make appointments to the state  gaming  commission
     4  which  shall, upon convening a quorum, be immediately authorized to take
     5  all necessary steps, including, but not limited to, the promulgation and
     6  adoption  of  any  necessary  rules or regulations, to ensure an orderly
     7  transition in assuming its powers and duties as authorized by this  act;
     8  and  provided, further, that the commissioner of agriculture and markets
     9  shall be immediately authorized to promulgate and adopt  any  rules  and
    10  regulations necessary to implement the provisions of this act.
 
    11                                   PART C
 
    12    Section  1.  Subsection  (c)  of  section 1212 of the insurance law is
    13  amended to read as follows:
    14    (c) At the time of service of process a fee of [twenty] forty  dollars
    15  shall be paid to the superintendent or his deputy.
    16    §  2.  Paragraph  2 of subsection (b) of section 1213 of the insurance
    17  law is amended to read as follows:
    18    (2) Such service of process upon any such insurer in any such proceed-
    19  ing in any court of competent jurisdiction of this state may be made  by
    20  serving  the  superintendent,  any deputy superintendent or any salaried
    21  employee of the department whom the superintendent designates  for  such
    22  purpose  with  two copies thereof and the payment to him or her of a fee
    23  of [twenty] forty dollars. The superintendent shall forward  a  copy  of
    24  such  process  by  registered  or certified mail to the defendant at its
    25  last known principal place of business, as designated by the  issuer  of
    26  such  process, and shall keep a record of all process so served upon him
    27  or her. Such service of process  under  this  paragraph  is  sufficient,
    28  provided notice of such service and a copy of the process are sent with-
    29  in ten days thereafter by or on behalf of the plaintiff to the defendant
    30  at its last known principal place of business by registered or certified
    31  mail  with  return  receipt requested. The plaintiff shall file with the
    32  clerk of the court in which the action is pending, or with the judge  or
    33  justice  of  such court if there be no clerk, an affidavit of compliance
    34  herewith, a copy of the process, and either a return receipt  purporting
    35  to  be  signed  by  the  defendant  or a person qualified to receive its
    36  registered or certified mail in accordance with the rules and customs of
    37  the post office department, or, if acceptance was refused by the defend-
    38  ant or its agent, the original envelope bearing a notation by the postal
    39  authorities that receipt was refused. Service of process so  made  shall
    40  be  deemed made within the territorial jurisdiction of any court in this
    41  state.
    42    § 3. This act shall take effect immediately.
 
    43                                   PART D
 
    44    Section 1. Section 1-0303 of the  environmental  conservation  law  is
    45  amended  by  adding  four  new subdivisions 26, 27, 28 and 29 to read as
    46  follows:
    47    26. "All terrain vehicle" shall have the meaning set  forth  in  para-
    48  graph (a) of subdivision one of section twenty-two hundred eighty-one of
    49  the vehicle and traffic law.
    50    27.  "Motor  vehicle"  shall have the meaning set forth in section one
    51  hundred twenty-five of the vehicle and traffic law.
        S. 993                             46                            A. 1923
 
     1    28. "Private roads" shall have the meaning set forth  in  section  one
     2  hundred thirty-three of the vehicle and traffic law.
     3    29.  "Public  highway" shall have the meaning set forth in section one
     4  hundred thirty-four of the vehicle and traffic law.
     5    § 2. Section 9-0303 of the environmental conservation law  is  amended
     6  by adding a new subdivision 8 to read as follows:
     7    8.  All  terrain  vehicles. a. The department may authorize the use of
     8  all terrain vehicles on forest preserve lands by the general public both
     9  inside and outside the boundaries of the  Adirondack  park  or  Catskill
    10  park  and on other state-owned lands under the department's jurisdiction
    11  which are located within the boundaries of the Adirondack  park  or  the
    12  Catskill  park only on public highways or portions thereof in compliance
    13  with subdivision one of section twenty-four hundred five of the  vehicle
    14  and traffic law and other applicable law. In addition, any authorization
    15  for the general public to use all terrain vehicles on public highways or
    16  portions thereof on state-owned land under the department's jurisdiction
    17  which  is  located  within  the boundaries of the Adirondack park or the
    18  Catskill park must comply with the requirements of the  Adirondack  park
    19  state  land  master  plan,  adopted  pursuant  to  section eight hundred
    20  sixteen of the executive law, or the Catskill  park  state  land  master
    21  plan, respectively.
    22    b. The department may authorize the public use of all terrain vehicles
    23  on  public  highways  on  conservation  easements held by the department
    24  where such easements include the  right  to  allow  such  use  and  such
    25  authorization  is in compliance with the requirements of subdivision one
    26  of section twenty-four hundred five of the vehicle and traffic  law  and
    27  other  applicable  law,  and may authorize the public use of all terrain
    28  vehicles on all terrain vehicle trails and private roads on conservation
    29  easements held by the department where such easements include the  right
    30  to  allow  such  use  and  such  authorization is in compliance with the
    31  requirements of subdivision two of section twenty-four hundred  five  of
    32  the vehicle and traffic law and other applicable law.
    33    c.  On state lands under the jurisdiction of the department other than
    34  those described in paragraphs a and b of this subdivision,  the  depart-
    35  ment  may authorize the public use of all terrain vehicles in compliance
    36  with the requirements of section twenty-four hundred five of the vehicle
    37  and traffic law and other applicable law.
    38    d. Persons with qualifying disabilities to  whom  the  department  has
    39  issued  a temporary revocable permit and a companion may use all terrain
    40  vehicles at the locations authorized by such permit and pursuant to  the
    41  terms  and  conditions  of  such permit. Such authorization shall comply
    42  with the requirements of section twenty-four hundred five of the vehicle
    43  and traffic law and other applicable law. Such authorization shall  also
    44  comply  with  the guidelines set forth in the Adirondack park state land
    45  master plan or the Catskill park state land master plan with respect  to
    46  any  authorized  use  of  all terrain vehicles in the Adirondack park or
    47  Catskill park, respectively.
    48    e. All terrain vehicles may be used on state land  under  the  depart-
    49  ment's jurisdiction for appropriate administrative, law enforcement, and
    50  emergency purposes provided that any such use within the Adirondack park
    51  or  the  Catskill park shall comply with the requirements of the Adiron-
    52  dack park state land master plan or the Catskill park state land  master
    53  plan, respectively.
    54    §  3.  The  environmental  conservation law is amended by adding a new
    55  article 58 to read as follows:
        S. 993                             47                            A. 1923
 
     1                                 ARTICLE 58
     2                            ALL TERRAIN VEHICLES
     3  Section 58-0101. State assistance.
     4          58-0103. Rules and regulations.
     5  § 58-0101. State assistance.
     6    1.  The  department  shall  develop  and  implement a program of state
     7  assistance payments, subject to annual appropriations, for the following
     8  purposes:
     9    a. The following programs of  municipalities  and  not-for-profit  all
    10  terrain vehicle associations:
    11    (1)  programs  on  all terrain vehicle safety, education, and training
    12  which are conducted by municipalities  and  not-for-profit  all  terrain
    13  vehicle associations;
    14    (2)  the  development  and  maintenance  of all terrain vehicle trails
    15  which are open to the general public;
    16    (3) the lease and purchase of land for the development of all  terrain
    17  vehicle trails to be open to the general public;
    18    (4)  the  purchase, lease and maintenance of facilities related to the
    19  use and enjoyment of all terrain vehicle  trails  open  to  the  general
    20  public;
    21    (5) the purchase and lease of equipment related to the development and
    22  maintenance of all terrain vehicle trails open to the public and direct-
    23  ly related facilities; and
    24    (6)  other  costs  directly  related  to  the  administration  of such
    25  programs;
    26    b. Municipal and state law enforcement activities which  are  directly
    27  related  to the enforcement of state statutes, rules and regulations and
    28  municipal local laws and ordinances relating to  the  operation  of  all
    29  terrain vehicles;
    30    c.  The development by the department of a statewide all terrain vehi-
    31  cle trail map and user safety guide and  program,  to  be  completed  no
    32  later than five years after the effective date of this section;
    33    d.  The development and maintenance of all terrain vehicle trails open
    34  to  the  general  public  and  the  maintenance of private roads for all
    35  terrain vehicle use by the general public on conservation easement lands
    36  held by the state of New York which are under the  jurisdiction  of  the
    37  department; and
    38    e.  Expenses  associated  with  the department's administration of the
    39  state assistance authorized pursuant to this section.
    40    2. Upon approval of an application from a municipality or not-for-pro-
    41  fit all terrain vehicle association, the department and  such  applicant
    42  shall  enter  into  a  contract for state assistance payments toward the
    43  cost of the project, which shall include, but not  be  limited  to,  the
    44  following:
    45    a.  A current estimate of the cost of the project as determined by the
    46  department at the time of the execution of the contract;
    47    b. An agreement by the department to make  state  assistance  payments
    48  toward the cost of the project by periodically reimbursing the recipient
    49  for  costs  incurred  during the progress of the project. Such costs are
    50  subject to final computation and determination by  the  department  upon
    51  completion  of  the  project  and  shall not exceed the maximum cost set
    52  forth in the contract. The approved project cost shall be reduced by the
    53  amount of any specific grants for the project which are received by  the
    54  recipient from any other source; and
    55    c.  An  agreement  by  the recipient to proceed expeditiously with the
    56  project, to comply with all applicable laws and regulations in  develop-
        S. 993                             48                            A. 1923
 
     1  ing  the  project,  and to complete the project in accordance with plans
     2  and reports approved by the department for the project.
     3    3.  The  department  shall reject any application for state assistance
     4  under this article where the department determines that the  project  is
     5  not  in  the best interests of the state. In making such a determination
     6  the department may consider,  but  not  be  limited  to,  the  potential
     7  impacts  which  the project could have on public lands which are located
     8  near the project and appropriate environmental  factors,  including  but
     9  not  limited  to,  the potential impacts on wetlands, wildlife habitats,
    10  and flora and fauna, and potential conflicts with other user groups.
    11    4. The amount of state assistance payments to be allocated to eligible
    12  applicants for trail development and maintenance shall be drawn from the
    13  all terrain vehicle trail development and maintenance appropriation  and
    14  shall  be  determined by the department. The department shall certify to
    15  the comptroller the amount thus determined  for  each  municipality  and
    16  not-for-profit  association  as  the  amount  of  state assistance to be
    17  apportioned to each.
    18    5. No state assistance shall be allocated from funds pursuant to  this
    19  section for use in all terrain vehicle trail development and maintenance
    20  on state-owned lands under the jurisdiction of the department, provided,
    21  however,  that such assistance may be allocated pursuant to this section
    22  for use in the development and maintenance of all terrain vehicle trails
    23  and the maintenance of private roads for  all  terrain  vehicle  use  on
    24  conservation  easement  lands as set forth in paragraph b of subdivision
    25  eight of section 9-0303 of this chapter.
    26  § 58-0103. Rules and regulations.
    27    The department shall adopt such rules and regulations as deemed neces-
    28  sary to carry out the provisions of this article.
    29    § 4. Section 2282 of the vehicle and traffic law is amended by  adding
    30  two new subdivisions 2-a and 6-a to read as follows:
    31    2-a.  No later than five years after the effective date of this subdi-
    32  vision, the commissioner shall, at the time of registration pursuant  to
    33  subdivision  two of this section, provide or cause to be provided a copy
    34  of the all terrain vehicle trail map and user guide,  developed  by  the
    35  department  of  environmental  conservation  pursuant  to paragraph c of
    36  subdivision one of section 58-0101  of  the  environmental  conservation
    37  law,  to every person who registers an all terrain vehicle. Such map and
    38  user guide shall also be made available  to  the  public  through  other
    39  appropriate means as determined by the commissioner and the commissioner
    40  of environmental conservation.
    41    6-a. Registration at time of sale. Every all terrain vehicle sold by a
    42  dealer  shall  be  registered  at the time of sale of such vehicle. Such
    43  registration shall be valid until the thirty-first day of August follow-
    44  ing the date of such sale; provided, however, that any all terrain vehi-
    45  cle sold after April first of each year shall be issued  a  registration
    46  valid until the thirty-first day of August in the year following that in
    47  which the all terrain vehicle is sold. Any all terrain vehicle purchased
    48  for  use  exclusively outside of the state of New York shall not require
    49  registration at the time of purchase, and  the  purchaser  of  such  all
    50  terrain  vehicle shall sign a declaration, provided by the dealer, which
    51  shall state that such purchaser understands the conditions  under  which
    52  an  all terrain vehicle must be registered and the penalty for violation
    53  of such registration provisions. The form of such declaration  shall  be
    54  provided by the commissioner.
        S. 993                             49                            A. 1923
 
     1    §  5.  Paragraphs  (a) and (b) of subdivision 4 of section 2282 of the
     2  vehicle and traffic law, as amended by chapter 402 of the laws of  1986,
     3  are amended to read as follows:
     4    (a)  An  annual  fee  of  [ten] forty-five dollars for each individual
     5  resident registration.
     6    (b) An annual fee of [ten]  forty-five  dollars  for  each  individual
     7  nonresident registration.
     8    §  6. Subdivision 12 of section 2282 of the vehicle and traffic law is
     9  REPEALED and a new subdivision 12 is added to read as follows:
    10    12.  Out of state all terrain vehicle registration.  The  registration
    11  provisions  of  this  article  shall apply to non-resident owners of all
    12  terrain vehicles used in New York state as provided for by  the  commis-
    13  sioner  except when an owner's all terrain vehicle is used on authorized
    14  trails which proceed along a New York  state  border  and  which,  occa-
    15  sionally  as dictated by the terrain, cross into another state, in which
    16  such all terrain vehicle is registered.  Such  cross  border  trails  on
    17  which  nonresident  owned  all  terrain vehicles may proceed without New
    18  York state registration shall be designated by the state commissioner of
    19  environmental conservation pursuant to paragraph c of subdivision one of
    20  section 58-0101 of the environmental conservation law and  such  commis-
    21  sioner shall publish such trail designation in the New York state regis-
    22  ter and other publications accessible to those who use all terrain vehi-
    23  cles. Such non-resident registration application shall be made available
    24  at  the place of business of all registered dealers and by mail from the
    25  department.  Nothing in this subdivision shall be construed to authorize
    26  the operation of any all terrain vehicle contrary to the  provisions  of
    27  this article.
    28    §  7.  Subdivision 1 of section 2283 of the vehicle and traffic law is
    29  amended by adding three new paragraphs (a),  (b)  and  (c)  to  read  as
    30  follows:
    31    (a) A permanent registration number plate shall be placed on every all
    32  terrain  vehicle.  The plate shall be placed on the rear of the vehicle.
    33  The plate shall be placed as high as  possible  above  and  between  the
    34  tires  and  shall  be  securely  fastened so as to prevent the same from
    35  swinging.
    36    (b) Such plate shall be issued by the commissioner and  shall  display
    37  the  registration  number  corresponding  to  that  of  the registration
    38  certificate.
    39    (c) Such plate shall be kept clean and in a  condition  so  as  to  be
    40  easily  readable  and  shall not be covered by glass or plastic, and the
    41  view thereof shall not be obstructed by any part of the  vehicle  or  by
    42  anything carried thereon.
    43    §  8. Section 2291 of the vehicle and traffic law, as amended by chap-
    44  ter 190 of the laws of 1990, is amended to read as follows:
    45    § 2291. Disposition of fees. The commissioner shall deposit all monies
    46  received [by him] from the registration of ATVs and all  fees  otherwise
    47  collected  [by  him]  under  this  article  to the credit of the general
    48  fund[, as prescribed by section twenty-two hundred  ninety-two  of  this
    49  chapter].
    50    §  9. Section 2404 of the vehicle and traffic law, as added by chapter
    51  402 of the laws of 1986, is amended to read as follows:
    52    § 2404. Operating rules. 1. No person shall operate an ATV:
    53    (a) at a rate of speed greater than is reasonable  and  prudent  under
    54  the  conditions  and  having  regard to the actual and potential hazards
    55  then existing;
        S. 993                             50                            A. 1923
 
     1    (b) in a careless, reckless or negligent manner so as to  unreasonably
     2  endanger  the  person  or  property of another or cause injury or damage
     3  thereto;
     4    (c) on the tracks or right-of-way of an operating railroad;
     5    (d)  in  any  tree  nursery  or  planting  in a manner that damages or
     6  destroys growing stock, or creates a substantial risk thereto;
     7    (e) while pulling a person on skis or  drawing  or  towing  a  sleigh,
     8  sled,  toboggan or trailer which carries or transports any person unless
     9  attached by a rigid support, connection or towbar;
    10    (f) on the frozen surface of public waters: within one hundred feet of
    11  any person other than a person riding on an ATV except  at  the  minimum
    12  speed  required  to maintain forward movement of the ATV, nor within one
    13  hundred feet of a fishing shanty or shelter except at the minimum  speed
    14  required  to  maintain  forward movement of the ATV nor on an area which
    15  has been cleared of snow for skating purposes unless the area is  neces-
    16  sary for access to the public water;
    17    (g)  within  one  hundred  feet of a dwelling between midnight and six
    18  a.m., at a speed greater than minimum required to maintain forward move-
    19  ment of the ATV;
    20    (h) on public lands, other than highways, or on  private  property  of
    21  another  while  in  an  intoxicated  condition or under the influence of
    22  narcotics or drugs.
    23    2. The operator of an ATV shall:
    24    (a) stop and yield to  an  authorized  ambulance,  civil  defense,  or
    25  police  ATV or police vehicle being operated as an emergency vehicle and
    26  approaching from any direction;
    27    (b) comply with any lawful order or direction of any police officer or
    28  other person duly empowered to enforce the laws relating to ATVs.
    29    3. No person shall ride on or in a sleigh, sled, toboggan  or  trailer
    30  which  is  being  towed  or trailed by an ATV unless attached by a rigid
    31  support, connection or towbar.
    32    4. [A person operating an ATV shall ride only upon the  permanent  and
    33  regular  seat  attached  thereto,  and such operator shall not carry any
    34  other person nor shall any other person ride on an ATV unless  such  ATV
    35  is  designed  to  carry more than one person, in which event a passenger
    36  may ride upon the  permanent  and  regular  seat  if  designed  for  two
    37  persons,  or upon another seat firmly attached to the ATV at the rear or
    38  side of the operator.
    39    5.] For the purposes of title seven of this chapter, an ATV shall be a
    40  motor vehicle and the provisions of such title shall  be  applicable  to
    41  ATVs.
    42    [6.]  5.  Local laws and ordinances. Nothing contained in this article
    43  shall be deemed to limit the  authority  of  a  county,  city,  town  or
    44  village from adopting or amending a local law or ordinance which imposes
    45  stricter  restrictions  and conditions on the operation of ATVs than are
    46  provided or authorized by this section so long  as  such  local  law  or
    47  ordinance  is  consistent  with  its  authority  to  protect  the order,
    48  conduct, health, safety and general welfare of persons or property.
    49    § 10. Section 2406 of the vehicle and traffic law is amended by adding
    50  a new subdivision 4 to read as follows:
    51    4. A person operating an ATV shall ride only upon  the  permanent  and
    52  regular  seat  attached  thereto,  and such operator shall not carry any
    53  other person nor shall any other person ride on an ATV unless  such  ATV
    54  is  designed  to  carry more than one person, in which event a passenger
    55  may ride upon the  permanent  and  regular  seat  if  designed  for  two
        S. 993                             51                            A. 1923
 
     1  persons,  or upon another seat firmly attached to the ATV at the rear or
     2  side of the operator.
     3    §  11.  The vehicle and traffic law is amended by adding a new section
     4  2414 to read as follows:
     5    § 2414. Violations. Any person who  violates  any  provision  of  this
     6  article  or  rule  or  regulation  adopted  pursuant  thereto or article
     7  forty-eight-B of this title or rule or regulation adopted pursuant ther-
     8  eto shall be guilty of a traffic violation and shall be subject  to  the
     9  fines  and penalties set forth in section eighteen hundred of this chap-
    10  ter, provided  that  the  fine  imposed  upon  conviction  for  a  first
    11  violation  thereof  shall not be less than one hundred dollars; the fine
    12  imposed upon conviction for a second violation thereof,  both  of  which
    13  were committed within a period of five years, shall not be less than one
    14  hundred  fifty dollars; and the fine imposed upon conviction for a third
    15  or subsequent violation thereof, all of which were  committed  within  a
    16  period of five years, shall not be less than two hundred fifty dollars.
    17    §  12.  Severability.  If  any clause, sentence, paragraph, section or
    18  part of this act shall be adjudged by any court of  competent  jurisdic-
    19  tion  to be invalid and after exhaustion of all further judicial review,
    20  the judgment shall not affect, impair or invalidate the remainder there-
    21  of, but shall be confined in its  operation  to  the  clause,  sentence,
    22  paragraph,  section or part of this act directly involved in the contro-
    23  versy in which the judgment shall have been rendered.
    24    § 13. This act shall take effect immediately and shall  be  deemed  to
    25  have  been in full force and effect on and after April 1, 2005; provided
    26  that sections five and eleven of this act shall take effect on the nine-
    27  tieth day after it shall have become a law.
 
    28                                   PART E
 
    29    Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
    30  executive  law  relating to permitting the secretary of state to provide
    31  special handling for all documents filed or issued by  the  division  of
    32  corporations  and to permit additional levels of such expedited service,
    33  as amended by section 1 of part L of chapter 56 of the laws of 2004,  is
    34  amended to read as follows:
    35    §  2.  This  act shall take effect immediately, provided however, that
    36  section one of this act shall be deemed to have been in full  force  and
    37  effect  on  and  after  April  1, 2003 and shall expire [March 31, 2005]
    38  September 30, 2006.
    39    § 2. This act shall take effect immediately and  shall  be  deemed  to
    40  have been in full force and effect on and after April 1, 2005.
 
    41                                   PART F
 
    42    Section  1.  Subsection  (c)  of  section 1112 of the insurance law is
    43  amended to read as follows:
    44    (c) If, by the existing or future laws of any other state, any  broker
    45  resident  within this state and duly licensed as such under this chapter
    46  may not be licensed as a broker in such  other  state,  then  no  broker
    47  resident  in  such other state shall be licensed as a broker within this
    48  state, anything in this chapter to the contrary  notwithstanding.  If  a
    49  license fee exceeding [twenty] forty dollars per annum is imposed by any
    50  other  state  for  issuing  a  license  to a broker resident within this
    51  state, or the amount of commissions which may be paid to such broker  on
    52  premiums  on risks located in any other state shall be limited under the
        S. 993                             52                            A. 1923
 
     1  laws of such state, then, all brokers resident in such other state shall
     2  upon being licensed in this state  pay  a  like  fee  in  lieu  of  that
     3  prescribed by this chapter, and insurance companies authorized to trans-
     4  act  business in this state shall not pay to any such nonresident broker
     5  any commissions on premiums on risks located  in  this  state  exceeding
     6  those which the laws of such other state permit brokers of this state to
     7  receive on premiums on risks located in such other state.
     8    §  2.  Paragraphs  2, 7, 9 and 10 of subsection (j) of section 2103 of
     9  the insurance law, paragraph 2 as amended by chapter 540 of the laws  of
    10  1996  and  paragraphs 7, 9 and 10 as added by chapter 769 of the laws of
    11  1984, are amended to read as follows:
    12    (2) [On  and  after  July  first,  nineteen  hundred  eighty-five  all
    13  licenses]  Every  license  issued  to  a  business  entity  pursuant  to
    14  subsection (a) of this section shall [be for a term of two years  expir-
    15  ing]  expire on June thirtieth of odd numbered years. [On and after July
    16  first, nineteen hundred eighty-six, all licenses] Every  license  issued
    17  to  a  business  entity pursuant to subsection (b) of this section shall
    18  [be for a term of two years expiring] expire on June thirtieth  of  even
    19  numbered  years.   On and after January first, two thousand seven, every
    20  license issued pursuant to this section  to  an  individual,  and  every
    21  license  in  effect  prior to January first, two thousand seven that was
    22  issued pursuant to this section to an individual, who was born in an odd
    23  numbered year, shall expire on the individual's  birthday  in  each  odd
    24  numbered  year.  On  and  after January first, two thousand seven, every
    25  license issued pursuant to this section  to  an  individual,  and  every
    26  license  in  effect  prior to January first, two thousand seven that was
    27  issued pursuant to this section to an individual, who  was  born  in  an
    28  even  numbered  year,  shall expire on the individual's birthday in each
    29  even numbered year. Every such license may be renewed  for  the  ensuing
    30  period  of  twenty-four  months  upon  the  filing  of an application in
    31  conformity with this subsection.
    32    (7) If an application for a renewal license shall have been filed with
    33  the superintendent before [July first of the year of] the expiration  of
    34  such  license,  the  license sought to be renewed shall continue in full
    35  force and effect either until the issuance by the superintendent of  the
    36  renewal  license applied for or until five days after the superintendent
    37  shall have refused to issue such renewal license and  shall  have  given
    38  notice  of such refusal to the applicant and to each proposed sub-licen-
    39  see. Before refusing to renew any such license, except on the ground  of
    40  failure  to  pass a written examination, the superintendent shall notify
    41  the applicant of his intention to do so and shall give such applicant  a
    42  hearing.
    43    (9)  In  addition to any examination fee required by subsection (f) of
    44  this section, there shall be paid to the superintendent for  each  indi-
    45  vidual  license  applicant  and  each  proposed  sub-licensee the sum of
    46  [twenty] forty dollars for each year or fraction of a year  in  which  a
    47  license shall be valid. If, however, the license applicant or a proposed
    48  sub-licensee  should  withdraw  the  application  or  the superintendent
    49  should deny the application before the license applied  for  is  issued,
    50  the  superintendent  may  refund  the  fee paid by the applicant for the
    51  license applied for with the exception of any examination fees  required
    52  pursuant to subsection (f) of this section.
    53    (10)  An  application for the renewal of a license shall be filed with
    54  the superintendent [after May first of the year in which] not less  than
    55  sixty  days prior to the date the license expires or the applicant shall
    56  be subject to a further fee for late filing of [five] ten dollars.
        S. 993                             53                            A. 1923
 
     1    § 3. Paragraph 1 of subsection (f) of section 2104  of  the  insurance
     2  law,  as  amended by chapter 568 of the laws of 1995, is amended to read
     3  as follows:
     4    (1)  At  the time of application for every such license, and for every
     5  biennial renewal thereof, there shall be paid to the superintendent  for
     6  each  individual applicant and for each proposed sub-licensee the sum of
     7  [twenty] forty dollars for each year or fraction of a year  in  which  a
     8  license shall be valid. If, however, the applicant or a proposed sub-li-
     9  censee  should  withdraw  his  or  its application or the superintendent
    10  should deny his or its application before the  license  applied  for  is
    11  issued,  the superintendent may refund the fee paid by the applicant for
    12  the license applied for, excepting any examination fees required  pursu-
    13  ant to subsection (e) [hereof] of this section.
    14    §  4.  Paragraphs  1, 2 and 3 of subsection (g) of section 2104 of the
    15  insurance law, paragraph 1 as amended by chapter  505  of  the  laws  of
    16  2000, are amended to read as follows:
    17    (1)  Every  insurance broker's license issued pursuant to this section
    18  to a business entity shall be for a term expiring[, in  the  case  of  a
    19  license  under  subparagraph  (B)  of paragraph one of subsection (b) of
    20  this section,] on the  thirty-first  day  of  October  of  even-numbered
    21  years[, and in the case of a license under subparagraph (A) of paragraph
    22  one  of  subsection (b) of this section, on February twenty-eighth, June
    23  thirtieth, or October thirty-first of  odd  numbered  years,  with  such
    24  allocations  to be determined in such manner as the superintendent deems
    25  to be reasonable in order to maintain  approximately  equal  numbers  of
    26  licenses  in force with expirations on each such date. Such licenses may
    27  be renewed for the ensuing period of twenty-four months upon the  filing
    28  of  an  application  in conformity with subsection (d) of this section].
    29  On and after January first, two thousand  seven,  every  license  issued
    30  pursuant  to  this section to an individual, and every license in effect
    31  prior to January first, two thousand seven that was issued  pursuant  to
    32  this  section  to  an  individual, who was born in an odd numbered year,
    33  shall expire on the individual's birthday in each odd numbered year.  On
    34  and after January first, two thousand seven, every license issued pursu-
    35  ant  to this section to an individual, and every license in effect prior
    36  to January first, two thousand seven that was issued  pursuant  to  this
    37  section  to  an individual, who was born in an even numbered year, shall
    38  expire on the individual's birthday in each even  numbered  year.  Every
    39  such license may be renewed for the ensuing period of twenty-four months
    40  upon the filing of an application in conformity with this section.
    41    (2)  An  application  for  a  renewal  license shall be filed with the
    42  superintendent [before September first of the year in  which]  not  less
    43  than  sixty  days prior to the date the license expires or the applicant
    44  shall be required to pay, in addition to the fee required in  subsection
    45  (f)  [hereof]  of  this section, a further fee for late filing of [five]
    46  ten dollars.
    47    (3) If an application for a renewal license shall have been filed with
    48  the superintendent before [November first of the year of] the expiration
    49  of such license, the license sought to be renewed shall continue in full
    50  force and effect either until the issuance by the superintendent of  the
    51  renewal  license applied for or until five days after the superintendent
    52  shall have refused to issue such renewal license  and  given  notice  of
    53  such refusal to the applicant and to each proposed sub-licensee.
    54    §  5.  Subsection (d) of section 2105 of the insurance law, as amended
    55  by chapter 285 of the laws of 1993, is amended to read as follows:
        S. 993                             54                            A. 1923
 
     1    (d) Every license issued pursuant to this section shall be for a  term
     2  expiring  [on the thirty-first day of October of the year corresponding]
     3  with the expiration of the qualifying broker license and may be  renewed
     4  for  the  ensuing  period  of  twenty-four  months upon the filing of an
     5  application  in  conformity with subsection (b) [hereof] of this section
     6  and paying the  fee  prescribed  by  subsection  (c)  [hereof]  of  this
     7  section.
     8    §  6.  Paragraph  2 of subsection (b) of section 2106 of the insurance
     9  law, as amended by chapter 568 of the laws of 1995, is amended  to  read
    10  as follows:
    11    (2)  Every  resident  reinsurance  intermediary's  license issued to a
    12  business entity pursuant to this section shall  expire  on  the  thirty-
    13  first  day  of August of even-numbered years [and]. On and after January
    14  first, two thousand seven, every license issued pursuant to this section
    15  to an individual resident reinsurance intermediary, and every license in
    16  effect prior to January first, two thousand seven that was issued pursu-
    17  ant to this section to an individual resident reinsurance  intermediary,
    18  who  was  born in an odd numbered year, shall expire on the individual's
    19  birthday in each odd numbered year.   On and after  January  first,  two
    20  thousand  seven,  every  license  issued  pursuant to this section to an
    21  individual resident  reinsurance  intermediary,  and  every  license  in
    22  effect prior to January first, two thousand seven that was issued pursu-
    23  ant  to this section to an individual resident reinsurance intermediary,
    24  who was born in an even numbered year, shall expire on the  individual's
    25  birthday  in  each even numbered year.  Every license issued pursuant to
    26  this section may be renewed for the ensuing period of twenty-four months
    27  upon the filing of an application in conformity with this subsection.
    28    § 7. Subparagraphs (A) and (B) of paragraph 2  of  subsection  (f)  of
    29  section 2106 of the insurance law, as amended by chapter 568 of the laws
    30  of 1995, are amended to read as follows:
    31    (A)  Before a non-resident reinsurance intermediary's license shall be
    32  issued or renewed, the prospective licensee shall properly file  in  the
    33  office of the superintendent a written application therefor in such form
    34  or forms and supplements as the superintendent prescribes, and pay a fee
    35  of  [one]  five  hundred  dollars for each year or fraction of a year in
    36  which a license shall be valid.
    37    (B) Every non-resident reinsurance intermediary's license issued to  a
    38  business  entity  pursuant  to  this section shall expire on the thirty-
    39  first day of August of even-numbered years [and].  On and after  January
    40  first, two thousand seven, every license issued pursuant to this section
    41  to  an  individual  non-resident  reinsurance  intermediary,  and  every
    42  license in effect prior to January first, two thousand  seven  that  was
    43  issued  pursuant  to this section to an individual non-resident reinsur-
    44  ance intermediary, who was born in an odd numbered year, shall expire on
    45  the individual's birthday in each odd numbered year. On and after  Janu-
    46  ary  first,  two  thousand  seven, every license issued pursuant to this
    47  section to an  individual  non-resident  reinsurance  intermediary,  and
    48  every  license in effect prior to January first, two thousand seven that
    49  was issued pursuant to this section to an individual non-resident  rein-
    50  surance  intermediary,  who  was  born  in  an even numbered year, shall
    51  expire on the individual's birthday in each even  numbered  year.  Every
    52  such license issued pursuant to this subparagraph may be renewed for the
    53  ensuing  period  of twenty-four months upon the filing of an application
    54  in conformity with this subsection.
        S. 993                             55                            A. 1923
 
     1    § 8. Paragraphs 1 and 2 of subsection  (b)  of  section  2107  of  the
     2  insurance  law,  paragraph  1  as  amended by chapter 285 of the laws of
     3  1993, are amended to read as follows:
     4    (1)  Before  an  insurance  consultant's  license  shall  be issued or
     5  renewed the prospective licensee shall properly file in  the  office  of
     6  the  superintendent  [a written] an application therefor in such form or
     7  forms and supplements that the superintendent prescribes, and pay a  fee
     8  of  fifty dollars for each year or fraction of a year in which a license
     9  shall be valid and pay an additional fee of fifty dollars for each  year
    10  or fraction of a year in which a license shall be valid for each sub-li-
    11  censee.  Every consultant's license issued pursuant to this section to a
    12  business entity shall expire on the  thirty-first  day  of  March,  with
    13  respect  to (A) life insurance in the odd year and (B) general insurance
    14  in the even year, next following the date of issue.  On and after  Janu-
    15  ary  first,  two  thousand  seven, every license issued pursuant to this
    16  section to an individual consultant, and every license in  effect  prior
    17  to  January  first  two  thousand seven that was issued pursuant to this
    18  section to an individual consultant, who was born  in  an  odd  numbered
    19  year,  shall  expire  on  the individual's birthday in each odd numbered
    20  year. On and after January first,  two  thousand  seven,  every  license
    21  issued  pursuant  to this section to an individual consultant, and every
    22  license in effect prior to January first, two thousand  seven  that  was
    23  issued  pursuant  to  this  section to an individual consultant, who was
    24  born in an even numbered year, shall expire on the individual's birthday
    25  in each even numbered  year.  Every  license  issued  pursuant  to  this
    26  section may be renewed for the ensuing period of twenty-four months upon
    27  the filing of an application in conformity with this subsection.
    28    (2)  (A) If an application for a renewal license shall have been filed
    29  with the superintendent before [April first of the year of] the  expira-
    30  tion of such license, the license sought to be renewed shall continue in
    31  full force and effect either until the issuance by the superintendent of
    32  the renewal license applied for or until five days after the superinten-
    33  dent  shall  have  refused  to issue such renewal license and shall have
    34  given notice of such refusal to the applicant.
    35    (B) Before refusing to renew any such license, except on the ground of
    36  failure to pass a written examination required  pursuant  to  subsection
    37  (c) [hereof] of this section, the superintendent shall notify the appli-
    38  cant of his intention so to do and shall give such applicant a hearing.
    39    §  9.  This act shall take effect immediately; provided, however, that
    40  the amendments made to paragraphs 2 and 7 of subsection (j)  of  section
    41  2103  of the insurance law made by section two of this act, paragraphs 1
    42  and 3 of subsection (g) of section 2104 of the  insurance  law  made  by
    43  section  four  of this act, subsection (d) of section 2105 of the insur-
    44  ance law made by section five of this act, paragraph 2 of subsection (b)
    45  of section 2106 of the insurance law made by section six  of  this  act,
    46  subparagraph (B) of paragraph 2 of subsection (f) of section 2106 of the
    47  insurance  law made by section seven of this act, and paragraphs 1 and 2
    48  of subsection (b) of section 2107 of the insurance law made  by  section
    49  eight of this act, shall take effect January 1, 2007.
 
    50                                   PART G
 
    51    Section  1.    Subdivision  4  of  section  500 of the agriculture and
    52  markets law, as amended by section 8 of part I1 of  chapter  62  of  the
    53  laws of 2003, is amended to read as follows:
        S. 993                             56                            A. 1923
 
     1    4.  The department shall inspect each retail food store [at least once
     2  in every twelve month period] in accordance with a risk based  frequency
     3  established  by  the commissioner.   The risk based inspection frequency
     4  shall be determined by establishment size, type of food offered for sale
     5  and  other  factors that may affect public health.  Any store that fails
     6  two consecutive inspections shall be inspected at least  once  in  every
     7  six month period until it has passed two consecutive inspections. In the
     8  event  that a retail food store fails three consecutive inspections, the
     9  department may, in its discretion, order such establishment to cease all
    10  retail operation until it passes inspection or  suspend  or  revoke  any
    11  license  issued  to  such  establishment pursuant to article twenty-C of
    12  this chapter.
    13    § 2. The agriculture and markets law is amended by adding a new  arti-
    14  cle 20-B to read as follows:
    15                                 ARTICLE 20-B
    16                                FOOD SECURITY
    17  Section 251-o. Declaration of policy and purpose.
    18          251-p. Definitions.
    19          251-q. Preventative measures.
    20          251-r. Rules and regulations.
    21    §  251-o.  Declaration  of  policy and purpose. The general purpose of
    22  this article is to assure food security by requiring  the  operators  of
    23  food  establishments,  retail  food  stores  and food warehouses located
    24  within the state to take preventative measures to minimize the  risk  of
    25  food  under  their  control  being subjected to tampering or criminal or
    26  terrorist actions.
    27    § 251-p. Definitions. For the  purposes  of  this  article:  1.  "Food
    28  establishment"  means  any  facility  within  the state in which food is
    29  possessed,  stored,   manufactured,   compounded,   brewed,   distilled,
    30  produced,  processed,  packed,  labeled or relabeled, transported, sold,
    31  offered or exposed for sale, or served, other than a retail  food  store
    32  or a food warehouse, as defined in this section.
    33    2. "Retail food store" means any establishment or section of an estab-
    34  lishment  where  food  and food products are offered to the consumer and
    35  intended for off-premises consumption. The term does not include  estab-
    36  lishments  which  handle  only  pre-packaged,  non-potentially hazardous
    37  food, roadside markets that offer only fresh fruits and  vegetables  for
    38  sale,   food  service  establishments,  or  food  and  beverage  vending
    39  machines.
    40    3. "Food warehouse" means any food establishment in which food is held
    41  for commercial distribution.
    42    § 251-q. Preventative measures. Each operator of a food establishment,
    43  retail food store, and food warehouse shall take such preventative meas-
    44  ures as the commissioner may require, pursuant to duly promulgated rules
    45  and regulations, to minimize the risk  of  food  under  such  operator's
    46  control being subjected to tampering or criminal or terrorist actions.
    47    §  251-r. Rules and regulations. The commissioner is hereby authorized
    48  and directed, after public hearing, to promulgate rules and regulations,
    49  including but not limited to regulations establishing preventative meas-
    50  ures to minimize the risk of food being subjected to tampering or crimi-
    51  nal or terrorist actions.
    52    § 3. This act shall take effect immediately and  shall  be  deemed  to
    53  have been in full force and effect on and after April 1, 2005.
 
    54                                   PART H
        S. 993                             57                            A. 1923
 
     1    Section  1.  Section 39 of the agriculture and markets law, as amended
     2  by chapter 169 of the laws of 1994, is amended to read as follows:
     3    § 39. Penalties  for violation of chapter or other laws.  Every person
     4  violating any of the provisions of this chapter, or of any other law the
     5  enforcement of which is within the jurisdiction of the department shall,
     6  except where other penalties are hereinafter prescribed, be subject to a
     7  penalty in the sum of not more than three hundred dollars for the  first
     8  violation,  nor  more  than  [six  hundred] one thousand dollars for the
     9  second and each subsequent violation and provided further, however, that
    10  for a violation of subdivision thirteen of section two hundred  of  this
    11  chapter, the minimum penalty shall be five hundred dollars and the maxi-
    12  mum  penalty  shall  be one thousand dollars and that for the second and
    13  subsequent offenses such person may also be subject to an administrative
    14  order suspending the manufacture and/or sale of such confectionery for a
    15  period of time up to three months for each  such  violation.  When  such
    16  violation  consists  of  the manufacture or production of any prohibited
    17  article, each day during which or any part of which such manufacture  or
    18  production  is  carried  on  or  continued,  shall  be deemed a separate
    19  violation. When the violation consists of the sale, or the  offering  or
    20  exposing  for  sale  or exchange of any prohibited article or substance,
    21  the sale of each one of several packages  shall  constitute  a  separate
    22  violation,  and  each  day  on  which  any  such article or substance is
    23  offered or exposed for sale or  exchange  shall  constitute  a  separate
    24  violation. If the sale be of milk and it be in cans, bottles or contain-
    25  ers  of  any kind and if the milk in any one of such containers be adul-
    26  terated, it shall be deemed a violation whether such vendor  be  selling
    27  all the milk in all of his containers to one person or not. When the use
    28  of any such article or substance is prohibited, each day during which or
    29  any  part of which such article or substance is so used or furnished for
    30  use, shall constitute a separate violation, and the  furnishing  of  the
    31  same  for  use  to  each  person to whom the same may be furnished shall
    32  constitute a separate violation. When the  storage  of  any  article  is
    33  prohibited beyond a certain period, each day during which or any part of
    34  which  any  article  is so stored beyond the period provided for by this
    35  chapter, shall constitute a separate violation. A right  of  action  for
    36  the  recovery  of, or a liability for, penalties incurred as provided in
    37  this chapter, or in any other law the enforcement of which is within the
    38  jurisdiction of the department, may be released, settled or  compromised
    39  before  the  matter  is  referred to the attorney-general as provided in
    40  section forty-four of this chapter,  and  thereafter  may  be  released,
    41  settled  or  compromised by the attorney-general, either before or after
    42  an action is brought to recover such penalties.
    43    § 2. Section 40 of the agriculture and  markets  law,  as  amended  by
    44  chapter 55 of the laws of 1992, is amended to read as follows:
    45    § 40. Penalty  for  violation  of  rule or order.   [1.] Every person,
    46  association or corporation and all agents, officers and employees there-
    47  of, shall obey every order made as provided in this chapter, so long  as
    48  such  order  shall be in force. A person, association or corporation who
    49  shall fail by himself, itself or through his or its agents, officers and
    50  employees, to obey any order of the commissioner, or who  shall  violate
    51  any  rule  of the department shall be subject to a penalty not exceeding
    52  the sum of [two] three hundred dollars for each and every first offense,
    53  and a penalty not exceeding the  sum  of  [four  hundred]  one  thousand
    54  dollars  for  a  second  and each subsequent offense. Every violation of
    55  such order, or of the rules of the department, shall be a  separate  and
        S. 993                             58                            A. 1923
 
     1  distinct  offense,  and  in  case of a continuing violation, every day's
     2  continuance thereof shall be a separate and distinct offense.
     3    §  3.  This  act  shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after April 1, 2005.
 
     5                                   PART I
 
     6    Section 1. Notwithstanding any other law, rule or  regulation  to  the
     7  contrary,  expenses of the department of health public service education
     8  program incurred pursuant to appropriations from  the  cable  television
     9  account of the state miscellaneous special revenue funds shall be deemed
    10  expenses of the department of public service.
    11    §  2.  Expenditures of moneys appropriated in a chapter of the laws of
    12  2005 to the department of  agriculture  and  markets  from  the  special
    13  revenue  funds-other/state  operations,  miscellaneous  special  revenue
    14  fund-339, public service account for the agricultural business  services
    15  program  shall  be  subject  to the provisions of this section. Notwith-
    16  standing any law to the contrary, expenditures  from  the  miscellaneous
    17  special  revenue  fund appropriation, and indirect costs under the comp-
    18  troller's statewide cost allocation plan, shall be  deemed  expenses  of
    19  the  department  of public service within the meaning of section 18-a of
    20  the public service law and assessed accordingly. Expenditures subject to
    21  assessment shall include those for direct and indirect participation  in
    22  certification  proceedings  pursuant  to article 7 of the public service
    23  law.
    24    § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
    25  2005  to the department of economic development from the special revenue
    26  funds-other/state operations, miscellaneous  special  revenue  fund-339,
    27  public  service  account for the administration program shall be subject
    28  to the provisions of  this  section.  Notwithstanding  any  law  to  the
    29  contrary,  expenditures  from  the  miscellaneous  special  revenue fund
    30  appropriations and indirect costs under the comptroller's statewide cost
    31  allocation plan, shall be deemed expenses of the  department  of  public
    32  service within the meaning of section 18-a of the public service law and
    33  assessed  accordingly.  Expenditures subject to assessment shall include
    34  those for direct and indirect participation in certification proceedings
    35  pursuant to article 7 of the public service law.
    36    § 4. Expenditures of moneys appropriated in a chapter of the  laws  of
    37  2005  to  the office of parks, recreation and historic preservation from
    38  the special revenue funds-other/state operations, miscellaneous  special
    39  revenue fund-339, public service account under the historic preservation
    40  program  shall  be  subject  to the provisions of this section. Notwith-
    41  standing any law to the contrary, expenditures  from  the  miscellaneous
    42  special  revenue fund appropriations, and indirect costs under the comp-
    43  troller's statewide cost allocation plan, shall be  deemed  expenses  of
    44  the  department  of public service within the meaning of section 18-a of
    45  the public service law and assessed accordingly. Expenditures subject to
    46  assessment shall include those for direct and indirect participation  in
    47  certification  proceedings  pursuant  to article 7 of the public service
    48  law.
    49    § 5. Expenditures of moneys appropriated in a chapter of the  laws  of
    50  2005  to  the  consumer protection board from the special revenue funds-
    51  other/state operations, miscellaneous special revenue  fund-339,  public
    52  service  account  for  the  consumer protection program for services and
    53  expenses related to consumer  protection  activities,  including  travel
    54  outside  the  state, shall be subject to the provisions of this section.
        S. 993                             59                            A. 1923
 
     1  Notwithstanding any provision of law to the contrary, such  expenditures
     2  shall  be  deemed  an expense of the department of public service within
     3  the meaning of section 18-a of the public service law.
     4    §  6.  Expenditures of moneys appropriated in a chapter of the laws of
     5  2005 to the department of environmental conservation  from  the  special
     6  revenue funds-other/state operations, environmental conservation special
     7  revenue  fund-301,  utility  environmental  regulation  account shall be
     8  subject to the provisions of this section.  Notwithstanding any  law  to
     9  the  contrary,  expenditures from the miscellaneous special revenue fund
    10  and indirect costs under the  comptroller's  statewide  cost  allocation
    11  plan, shall be deemed expenses of the department of public service with-
    12  in  the  meaning  of section 18-a of the public service law and assessed
    13  accordingly. Expenditures subject to assessment shall include those  for
    14  direct  and indirect participation in certification proceedings pursuant
    15  to article 7 of the public service law; oil and gas,  coal  and  nuclear
    16  regulatory  and planning activities; and small hydropower, cogeneration,
    17  alternate energy and electric generation facility sitings.
    18    § 7. Expenditures of moneys appropriated in a chapter of the  laws  of
    19  2005  to the office of homeland security from the special revenue funds-
    20  other/state operations, miscellaneous special revenue  fund-339,  public
    21  service  account  for  the office of cyber security and critical infras-
    22  tructure coordination and a review of security measures at power facili-
    23  ties shall be subject to the provisions of this section. Notwithstanding
    24  any law to the contrary, expenditures  from  the  miscellaneous  special
    25  revenue  fund  appropriation, and indirect costs under the comptroller's
    26  statewide cost allocation plan, shall be deemed expenses of the  depart-
    27  ment  of public service within the meaning of section 18-a of the public
    28  service law and assessed accordingly.
    29    § 8. This act shall take effect immediately and  shall  be  deemed  to
    30  have been in full force and effect on and after April 1, 2005.
 
    31                                   PART J
 
    32    Section  1. (a) Subject to the provisions of chapter 59 of the laws of
    33  2000, but notwithstanding any provisions of law to the contrary, one  or
    34  more  of  the authorized issuers, as defined by subdivision 1 of section
    35  68-a of the state finance law are hereby authorized to  issue  bonds  or
    36  notes  in  one  or  more  series in an aggregate principal amount not to
    37  exceed $300,000,000 excluding bonds issued to finance one or  more  debt
    38  service reserve funds, to pay costs of issuance of such bonds, and bonds
    39  or  notes issued to refund or otherwise repay such bonds or notes previ-
    40  ously issued, for the purpose of financing grants, loans or combinations
    41  thereof for the New York sports and convention center, which will  allow
    42  expansion  of the Jacob K. Javits Convention Center to the south. Eligi-
    43  ble project costs may include, but not be limited to the cost of design,
    44  financing, site acquisition and preparation,  demolition,  construction,
    45  rehabilitation,  acquisition of machinery and equipment, and infrastruc-
    46  ture.  Such bonds and notes of such authorized issuers shall  not  be  a
    47  debt  of the state, and the state shall not be liable thereon, nor shall
    48  they be payable out of any funds other than those  appropriated  by  the
    49  state  to  such authorized issuers for debt service and related expenses
    50  pursuant to any service contract executed pursuant to subdivision (b) of
    51  this section and such bonds and notes shall contain on the face  thereof
    52  a  statement  to  such effect. Except for purposes of complying with the
    53  internal revenue code, any interest income earned on bond proceeds shall
    54  only be used to pay debt service on such bonds.
        S. 993                             60                            A. 1923
 
     1    (b) Notwithstanding any provisions of law to the contrary, in order to
     2  assist such authorized issuers in  undertaking  the  administration  and
     3  financing of the projects authorized pursuant to subdivision (a) of this
     4  section,  the  director of the budget is hereby authorized to enter into
     5  one  or  more  service  contracts  with such authorized issuers, none of
     6  which shall exceed more than 30 years in duration, upon such  terms  and
     7  conditions  as  the  director  of the budget and such authorized issuers
     8  shall agree, so as to annually provide to such  authorized  issuers,  in
     9  the  aggregate, a sum not to exceed the annual debt service payments and
    10  related expenses required for the bonds and  notes  issued  pursuant  to
    11  this  section. Any service contract entered into pursuant to this subdi-
    12  vision shall provide that the obligation of the state to pay the  amount
    13  therein  provided  shall  not  constitute a debt of the state within the
    14  meaning of any constitutional or statutory provision and shall be deemed
    15  executory only to the extent of monies available and that  no  liability
    16  shall  be  incurred  by  the  state beyond the monies available for such
    17  purposes, subject to annual appropriation by the legislature.  Any  such
    18  contract  or  any payments made or to be made thereunder may be assigned
    19  or pledged by such authorized issuers as  security  for  its  bonds  and
    20  notes, as authorized by this section.
    21    §  2.  This  act  shall take effect immediately and shall be deemed to
    22  have been in full force and effect on and after April 1, 2005.
 
    23                                   PART K
 
    24    Section 1. The dormitory authority of the state of New York is author-
    25  ized to enter into an agreement with Cornell University for the  support
    26  of  operation  of  the  parallel  computing supercomputers at the theory
    27  center for supercomputers in connection with the business of the  dormi-
    28  tory authority in an amount not to exceed $1,200,000 over amounts previ-
    29  ously authorized.
    30    §  2.  This  act  shall take effect immediately and shall be deemed to
    31  have been in full force and effect on and after April 1, 2005.
 
    32                                   PART L
 
    33    Section 1. Subdivision 1 of section 405 of the agriculture and markets
    34  law, as added by chapter 259 of the laws of 2000, is amended to read  as
    35  follows:
    36    1. The commissioner or his or her authorized agents [shall, at a mini-
    37  mum,  make yearly inspections of] may inspect pet dealers' facilities to
    38  ensure compliance with the provisions  of  this  article  and  with  the
    39  provisions of article thirty-five-D of the general business law[, except
    40  for  those  pet  dealers who engage in the sale of less than twenty-five
    41  animals in a year, in which case inspections shall be made  whenever  in
    42  the  discretion  of  the commissioner or his or her authorized agents, a
    43  complaint warrants such investigation].
    44    § 2. This act shall take effect immediately and  shall  be  deemed  to
    45  have been in full force and effect on and after April 1, 2005.
 
    46                                   PART M
 
    47    Section  1.  Subdivisions  1  and 2 of section 72-0303 of the environ-
    48  mental conservation law, subdivision 1 as amended by section 1 of part D
    49  of chapter 413 of the laws of 1999 and subdivision 2 as added by chapter
    50  608 of the laws of 1993, are amended to read as follows:
        S. 993                             61                            A. 1923
 
     1    1. Commencing January first, nineteen hundred  ninety-four  and  every
     2  year  thereafter  all  sources  of regulated air contaminants identified
     3  pursuant to subdivision one of section 19-0311  of  this  chapter  shall
     4  submit to the department a fee which is the greater of the following:
     5    (a)  one  thousand  two  hundred fifty dollars or (b) an amount not to
     6  exceed [forty-five] fifty-eight dollars per ton up to six thousand  tons
     7  annually  of  each  regulated air contaminant.  Such fee shall be suffi-
     8  cient to support an appropriation approved by the  legislature  for  the
     9  direct  and  indirect costs associated with the operating permit program
    10  established in section 19-0311 of this chapter. Such fee shall be estab-
    11  lished by the department and shall be calculated by dividing the  amount
    12  of  the  current  year  appropriation  from the operating permit program
    13  account of the clean air fund by the total tons of  emissions  of  regu-
    14  lated  air contaminants that are subject to the operating permit program
    15  fees from sources subject to the operating permit  program  pursuant  to
    16  section 19-0311 of this chapter up to six thousand tons annually of each
    17  regulated  air  contaminant  from  each source; provided that, in making
    18  such calculation, the  department  shall  adjust  their  calculation  to
    19  account  for  any  deficit  or  surplus  in the operating permit program
    20  account of the clean air fund established pursuant  to  section  ninety-
    21  seven-oo  of  the  state finance law; any loan repayment from the mobile
    22  source account of the clean air fund  established  pursuant  to  section
    23  ninety-seven-oo  of the state finance law; and the rate of collection by
    24  the department of the bills issued for the fee for the prior year.
    25    Notwithstanding the provisions of the state  administrative  procedure
    26  act, such calculation and fee shall be established as a rule by publica-
    27  tion  in  the  Environmental  Notice  Bulletin no later than thirty days
    28  after the budget bills making appropriations for the support of  govern-
    29  ment are enacted or July first, whichever is later, of the year such fee
    30  will  be  effective. In no event shall the fee established herein be any
    31  greater than the maximum fee identified pursuant to this section.
    32    2. Bills issued for the fee shall be based on actual emissions for the
    33  prior calendar year, as demonstrated to the  department's  satisfaction,
    34  or  in  the  absence  of such demonstration, on permitted emissions, or,
    35  where there is no permit, on potential to emit; provided, however,  that
    36  in  no  case  shall  the fee be less than one thousand two hundred fifty
    37  dollars per year. Persons required to submit an emissions  statement  to
    38  the  department shall use such statement to demonstrate actual emissions
    39  under this section.
    40    § 2. This act shall take effect immediately.
 
    41                                   PART N
 
    42    Section 1.  Expenditures of moneys appropriated in a  chapter  of  the
    43  laws  of  2005 to the energy research and development authority from the
    44  special revenue funds - other/state  operations,  miscellaneous  special
    45  revenue  fund-339,  energy  research  and  planning  account  under  the
    46  research, development and demonstration and policy and planning programs
    47  for services and expenses  for  the  research,  development  and  demon-
    48  stration  and  policy  and  planning  programs  shall  be subject to the
    49  provisions of this section. Notwithstanding the provisions  of  subdivi-
    50  sion 4-a of section 18-a of the public service law, all moneys committed
    51  or  expended  shall be reimbursed by assessment against gas corporations
    52  and electric corporations as defined in section 2 of the public  service
    53  law,  and  the  total amount which may be charged to any gas corporation
    54  and any electric corporation shall not exceed one cent per one  thousand
        S. 993                             62                            A. 1923
 
     1  cubic  feet  of  gas sold and .010 cent per kilowatt-hour of electricity
     2  sold by such corporations in  their  intrastate  utility  operations  in
     3  calendar  year  2003.    Such amounts shall be excluded from the general
     4  assessment  provisions  of  subdivision  2 of section 18-a of the public
     5  service law, but shall be billed and paid in the  manner  set  forth  in
     6  such subdivision and upon receipt shall be paid to the state comptroller
     7  for  deposit  in  the  state  treasury  for  credit to the miscellaneous
     8  special revenue fund. The director of  the  budget  shall  not  issue  a
     9  certificate  of  approval with respect to the commitment and expenditure
    10  of moneys hereby appropriated until the chair of  such  authority  shall
    11  have  submitted,  and  the director of the budget shall have approved, a
    12  comprehensive financial plan encompassing all moneys  available  to  and
    13  all  anticipated commitments and expenditures by such authority from any
    14  source for the operations of such  authority.  Copies  of  the  approved
    15  comprehensive  financial  plan  shall  be  immediately  submitted by the
    16  director of the budget to the chairs and secretaries of the  legislative
    17  fiscal committees.
    18    §  2.  This  act  shall take effect immediately and shall be deemed to
    19  have been in full force and effect on and after April 1, 2005.
 
    20                                   PART O
 
    21    Section 1. (a) Subject to the provisions of chapter 59 of the laws  of
    22  2000,  but notwithstanding any provisions of law to the contrary, one or
    23  more of the authorized issuers, as defined by subdivision 1  of  section
    24  68-a  of  the  state finance law are hereby authorized to issue bonds or
    25  notes in one or more series in an  aggregate  principal  amount  not  to
    26  exceed  $250,000,000  excluding bonds issued to finance one or more debt
    27  service reserve funds, to pay costs of issuance of such bonds, and bonds
    28  or notes issued to refund or otherwise repay such bonds or notes  previ-
    29  ously  issued, for the purpose of reimbursing the state capital projects
    30  fund disbursements made pursuant to  appropriations  for  the  New  York
    31  state  high  technology  and development program, and the New York state
    32  urban development corporation is authorized to utilize the  proceeds  of
    33  such  bonds  or  notes  to finance grants, loans or combinations thereof
    34  pursuant to the New York state high technology and development  program,
    35  as appropriated by a chapter of the laws of 2005. Eligible project costs
    36  may  include,  but not be limited to the cost of design, financing, site
    37  acquisition and preparation, demolition,  construction,  rehabilitation,
    38  acquisition  of machinery and equipment, parking facilities, and infras-
    39  tructure. Such bonds and notes of such authorized issuers shall not be a
    40  debt of the state, and the state shall not be liable thereon, nor  shall
    41  they  be  payable  out of any funds other than those appropriated by the
    42  state to such authorized issuers for debt service and  related  expenses
    43  pursuant to any service contract executed pursuant to subdivision (b) of
    44  this  section and such bonds and notes shall contain on the face thereof
    45  a statement to such effect. Except for purposes of  complying  with  the
    46  internal revenue code, any interest income earned on bond proceeds shall
    47  only be used to pay debt service on such bonds.
    48    (b) Notwithstanding any provisions of law to the contrary, in order to
    49  assist  such  authorized  issuers  in undertaking the administration and
    50  financing of the projects authorized pursuant to subdivision (a) of this
    51  section, the director of the budget is hereby authorized to  enter  into
    52  one  or  more  service  contracts  with such authorized issuers, none of
    53  which shall exceed more than 20 years in duration, upon such  terms  and
    54  conditions  as  the  director  of the budget and such authorized issuers
        S. 993                             63                            A. 1923
 
     1  shall agree, so as to annually provide to such  authorized  issuers,  in
     2  the  aggregate, a sum not to exceed the annual debt service payments and
     3  related expenses required for the bonds and  notes  issued  pursuant  to
     4  this  section. Any service contract entered into pursuant to this subdi-
     5  vision shall provide that the obligation of the state to pay the  amount
     6  therein  provided  shall  not  constitute a debt of the state within the
     7  meaning of any constitutional or statutory provision and shall be deemed
     8  executory only to the extent of monies available and that  no  liability
     9  shall  be  incurred  by  the  state beyond the monies available for such
    10  purposes, subject to annual appropriation by the legislature.  Any  such
    11  contract  or  any payments made or to be made thereunder may be assigned
    12  or pledged by such authorized issuers as  security  for  its  bonds  and
    13  notes, as authorized by this section.
    14    §  2.  This  act  shall take effect immediately and shall be deemed to
    15  have been in full force and effect on and after April 1, 2005.
 
    16                                   PART P
 
    17    Section 1. Section 9 of chapter 67 of the laws of 1992,  amending  the
    18  environmental  conservation  law relating to pesticide product registra-
    19  tion timetables and fees, as amended by section 1 of part B  of  chapter
    20  82 of the laws of 2002, is amended to read as follows:
    21    §  9. This act shall take effect April 1, 1992 provided, however, that
    22  section 3 of this act shall take effect July 1, 1993  and  shall  expire
    23  and be deemed repealed on July 1, [2005] 2008.
    24    § 2. Section 33-0705 of the environmental conservation law, as amended
    25  by  section 2 of part B of chapter 82 of the laws of 2002, is amended to
    26  read as follows:
    27  § 33-0705. Fee for registration.
    28    The applicant for registration shall pay a fee as follows:
    29    a. On or before July 1, [2005] 2008, three hundred  dollars  for  each
    30  pesticide  proposed  to  be  registered, provided that the applicant has
    31  submitted to the department proof in the form of a  federal  income  tax
    32  return  for  the  previous  year showing gross annual sales, for federal
    33  income tax purposes, of three million five hundred thousand  dollars  or
    34  less;
    35    b. On or before July 1, [2005] 2008, for all others, three hundred ten
    36  dollars for each pesticide proposed to be registered;
    37    c.  After  July  1,  [2005]  2008,  fifty  dollars  for each pesticide
    38  proposed to be registered.
    39    §  3.  Section  33-0706  of  the  environmental  conservation  law  is
    40  REPEALED.
    41    § 4. This act shall take effect immediately.
 
    42                                   PART Q
 
    43    Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
    44  New York state urban development corporation act, as amended by  section
    45  1  of  part  N  of chapter 59 of the laws of 2004, is amended to read as
    46  follows:
    47    § 2. This act shall take effect immediately [provided,  however,  that
    48  section  one of this act shall expire on July 1, 2005, at which time the
    49  provisions of subdivision 26 of section 5 of the New  York  state  urban
    50  development corporation act shall be deemed repealed; provided, however,
    51  that  neither  the  expiration  nor  the  repeal  of such subdivision as
    52  provided for herein shall be deemed to affect or impair  in  any  manner
        S. 993                             64                            A. 1923
 
     1  any  loan  made  pursuant  to the authority of such subdivision prior to
     2  such expiration and repeal].
     3    §  2.  This  act  shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after April 1, 2005.
 
     5                                   PART R
 
     6    Section 1. Subdivision 7  of  section  24-0105  of  the  environmental
     7  conservation law, as added by chapter 614 of the laws of 1975 and renum-
     8  bered by chapter 654 of the laws of 1977, is amended to read as follows:
     9    7. Any loss of freshwater wetlands deprives the people of the state of
    10  some  or  all  of  the  many  and  multiple  benefits to be derived from
    11  wetlands, to wit:
    12    (a) flood and storm control by the hydrologic absorption  and  storage
    13  capacity of freshwater wetlands;
    14    (b)  wildlife  habitat  by  providing  breeding,  nesting  and feeding
    15  grounds and cover for many forms of wildlife, wildfowl  and  shorebirds,
    16  including migratory wildfowl and rare species such as the bald eagle and
    17  osprey;
    18    (c)  protection  of subsurface water resources and provision for valu-
    19  able watersheds and recharging ground water supplies;
    20    (d) recreation by  providing  areas  for  hunting,  fishing,  boating,
    21  hiking, bird watching, photography, camping and other uses;
    22    (e)  pollution  treatment by serving as biological and chemical oxida-
    23  tion basins;
    24    (f) erosion control by serving as sedimentation  areas  and  filtering
    25  basins,  absorbing  silt  and organic matter and protecting channels and
    26  harbors, and by stabilizing shorelines;
    27    (g) education and scientific research by providing readily  accessible
    28  outdoor  bio-physical  laboratories, living classrooms and vast training
    29  and education resources; [and]
    30    (h) open space and aesthetic appreciation by providing often the  only
    31  remaining  open areas along crowded river fronts and coastal Great Lakes
    32  regions; [and]
    33    (i) sources of nutrients in freshwater food cycles and nursery grounds
    34  and sanctuaries for freshwater fish[.];
    35    (j) protection of plant or animal species that are endangered, threat-
    36  ened or of greatest conservation need;
    37    (k) preservation of rare or exemplary natural communities; and
    38    (l) conservation of the state's rich biological diversity.
    39    § 2. Subdivisions 1 and 2 of  section  24-0107  of  the  environmental
    40  conservation  law,  as  amended  by chapter 654 of the laws of 1977, are
    41  amended to read as follows:
    42    1. "Freshwater wetlands" means lands and waters of the state as  shown
    43  on  the  freshwater wetlands map [which] that (a) are 12.4 acres or more
    44  in size, or if less than 12.4 acres, (i) have, in the discretion of  the
    45  department,  unusual  local  importance  for one or more of the specific
    46  benefits set forth in subdivision  seven  of  section  24-0105  of  this
    47  title,  or  (ii) are deemed to be hydrologically isolated from waters of
    48  the United States, according to criteria determined by  the  department;
    49  or (b) are located within the Adirondack park and meet the definition of
    50  wetlands  contained  in subdivision sixty-eight of section eight hundred
    51  two of the executive law. Freshwater wetlands typically contain  any  or
    52  all of the following:
        S. 993                             65                            A. 1923
 
     1    (a)  lands  and  submerged  lands  commonly  called  marshes,  swamps,
     2  sloughs, bogs, wet meadows, vernal  pools,  riparian  areas,  and  flats
     3  supporting aquatic or semi-aquatic vegetation of the following types:
     4    (1) wetland trees, which depend upon seasonal or permanent flooding or
     5  [sufficiently  water-logged]  hydric  soils  to  give them a competitive
     6  advantage over other trees; including, among  others,  red  maple  (Acer
     7  rubrum), willows (Salix spp.), black spruce (Picea mariana); swamp white
     8  oak  (Quercus  bicolor),  red  ash  (Fraxinus  pennsylvanica), black ash
     9  (Fraxinus nigra), silver maple (Acer saccharinum), American  elm  (Ulmus
    10  americana), and Larch (Larix laricina);
    11    (2)  wetland  shrubs, which depend upon seasonal or permanent flooding
    12  or [sufficiently water-logged] hydric soils to give them  a  competitive
    13  advantage  over  other  shrubs;  including,  among  others, alder (Alnus
    14  spp.), buttonbush (Cephalanthus occidentalis), bog  rosemary  (Andromeda
    15  glaucophylla),  dogwoods  (Cornus  spp.),  and leatherleaf (Chamaedaphne
    16  calyculata);
    17    (3) emergent vegetation,  including,  among  others,  cattails  (Typha
    18  spp.),  pickerelweed  (Pontederia  cordata),  bulrushes  (Scirpus spp.),
    19  arrow arum (Peltandra virginica),  arrowheads  (Sagittaria  spp.),  reed
    20  (Phragmites communis), wild rice (Zizania aquatica), bur-reeds (Spargani-
    21  um  spp.),  purple  loosestrife  (Lythrum  salicaria),  swamp loosestrife
    22  (Decodon verticillatus); and water plantain (Alisma plantago-aquatica);
    23    (4)  rooted,  floating-leaved  vegetation;  including,  among  others,
    24  water-lily  (Nymphaea  odorata),  water shield (Brasenia schreberi), and
    25  spatterdock (Nuphar spp.);
    26    (5) free-floating vegetation; including, among others, duckweed (Lemna
    27  spp.), big duckweed (Spirodela polyrhiza), and watermeal (Wolffia spp.);
    28    (6) wet meadow vegetation, which depends upon  seasonal  or  permanent
    29  flooding  or  [sufficiently  water-logged]  hydric  soils  to  give it a
    30  competitive advantage over other open land vegetation; including,  among
    31  others,  sedges  (Carex  spp.),  rushes  (Juncus  spp.), cattails (Typha
    32  spp.), rice cut-grass (Leersia oryzoides), reed canary  grass  (Phalaris
    33  arundinacea),  swamp  loosestrife (Decodon verticillatus), and spikerush
    34  (Eleocharis spp.);
    35    (7) bog mat  vegetation;  including,  among  others,  sphagnum  mosses
    36  (Sphagnum  spp.),  bog  rosemary  (Andromeda  glaucophylla), leatherleaf
    37  (Chamaedaphne calyculata),  pitcher  plant  (Sarracenia  purpurea),  and
    38  cranberries (Vaccinium macrocarpon and V. oxycoccos);
    39    (8)  submergent  vegetation; including, among others, pondweeds (Pota-
    40  mogeton spp.), naiads (Najas  spp.),  bladderworts  (Utricularia  spp.),
    41  wild  celery (Vallisneria americana), coontail (Ceratophyllum demersum),
    42  water milfoils (Myriophyllum spp.), muskgrass  (Chara  spp.),  stonewort
    43  (Nitella  spp.), water weeds (Elodea spp.), and water smartweed (Polygo-
    44  num amphibium);
    45    (b) lands and submerged lands containing remnants  of  any  vegetation
    46  that  is not aquatic or semi-aquatic that has died because of wet condi-
    47  tions over a sufficiently long period, provided that such wet conditions
    48  do not exceed a maximum seasonal water depth of six  feet  and  provided
    49  further  that  such  conditions can be expected to persist indefinitely,
    50  barring human intervention;
    51    (c) lands and waters substantially enclosed by aquatic or semi-aquatic
    52  vegetation as set forth in paragraph (a) of this subdivision or by  dead
    53  vegetation  as set forth in paragraph (b) of this subdivision, the regu-
    54  lation of which is necessary to protect and  preserve  the  aquatic  and
    55  semi-aquatic vegetation; and
        S. 993                             66                            A. 1923
 
     1    (d) the waters overlying the areas set forth in paragraphs (a) and (b)
     2  of  this  subdivision  and  the  lands  underlying paragraph (c) of this
     3  subdivision.
     4    2.  "Freshwater  wetlands  map"  shall  mean  a map promulgated by the
     5  department pursuant to section 24-0301 of  this  article  on  which  are
     6  indicated  the  approximate boundaries of any freshwater wetlands, which
     7  may be in electronic or paper format.
     8    § 3. Subdivision 7 of section 24-0107 of the  environmental  conserva-
     9  tion law is REPEALED.
    10    §  4.  Subdivisions  1,  6, 7 and 8 of section 24-0301 of the environ-
    11  mental conservation law, subdivisions 1, 6 and 7 as amended and subdivi-
    12  sion 8 as added by chapter 654 of the laws of 1977, are amended to  read
    13  as follows:
    14    1.  The commissioner shall, as soon as practicable, conduct a study to
    15  identify and map those individual freshwater wetlands in  the  state  of
    16  New  York  which  shall  have an area of at least twelve and four-tenths
    17  acres or more, or if less than twelve and four-tenths acres,  (a)  have,
    18  in  the  discretion  of  the commissioner, [and subject to review of his
    19  action by the board created pursuant to title eleven of  this  article,]
    20  unusual  local  importance  for one or more of the specific benefits set
    21  forth in subdivision seven of section 24-0105 or (b) are located  within
    22  the  Adirondack  park  and  meet the definition of wetlands contained in
    23  subdivision sixty-eight of section eight hundred two [of  article  twen-
    24  ty-seven]  of  the  executive  law, and shall determine their character-
    25  istics. This study shall, in addition to such other data as the  commis-
    26  sioner  may determine to be included, consist of the freshwater wetlands
    27  inventory of the department [of environmental  conservation],  currently
    28  being  made,  together with other available data on freshwater wetlands,
    29  whether assisted by the state of New York under the tidal  wetlands  act
    30  or  otherwise,  or assembled by federal or local governmental or private
    31  agencies, all of which information shall be assembled and integrated, as
    32  applicable, into a map of freshwater wetlands of the state of New  York.
    33  Such study may, in the discretion of the commissioner, be carried out on
    34  a  sectional or regional basis, as indicated by need, subject to overall
    35  completion in an expeditious fashion subject to the terms of this  chap-
    36  ter.  This map, and any orders issued pursuant to the provisions of this
    37  article, shall comprise a part of the statewide  environmental  plan  as
    38  provided  for  in section 3-0303 of this chapter. As soon as practicable
    39  the commissioner shall file with  the  secretary  of  state  a  detailed
    40  description  of the technical methods and requirements to be utilized in
    41  compiling the inventory, and he shall afford the public  an  opportunity
    42  to submit comments thereon.
    43    6.  Except  as  provided  in  subdivision  eight of this section, [the
    44  commissioner shall supervise the  maintenance  of  such  boundary  maps,
    45  which]  freshwater  wetland  maps  shall  be  posted on the department's
    46  website as electronic images so as to make them broadly available to the
    47  public for inspection and examination. In  addition,  electronic  images
    48  shall  be available for inspection at the regional office of the depart-
    49  ment in which the wetlands are wholly  or  partly  located  and  in  the
    50  office  of  the  clerk  of  each  county in which each such wetland or a
    51  portion thereof is located. The [commissioner] department  may  readjust
    52  the  map  [thereafter]  as  needed  to  clarify  the  boundaries  of the
    53  wetlands, to correct any errors on the map,  to  effect  any  additions,
    54  deletions  or  technical  changes  on the map, and to reflect changes as
    55  have occurred as a result of the granting of permits pursuant to section
    56  24-0703 of this article, or natural  changes  which  may  have  occurred
        S. 993                             67                            A. 1923
 
     1  through  erosion,  accretion, or otherwise, except wetlands shall not be
     2  removed from the map if they are reduced to smaller than 12.4 acres as a
     3  result of permitted or unpermitted activities and shall continue  to  be
     4  subject to jurisdiction under this article. [Notice of such readjustment
     5  shall  be  given  in the same manner as set forth in subdivision five of
     6  this section for the promulgation of final  freshwater  wetlands  maps.]
     7  The department shall then correct the map image and update any electron-
     8  ic  image  of  the  map previously posted on its website to reflect such
     9  readjustment. At that time, the department shall give notice of such map
    10  adjustment to affected landowners and to the chief administrative  offi-
    11  cer  of each county within the boundaries of which any such wetland or a
    12  portion thereof is located. The department shall also  cause  notice  of
    13  the  adjusted  map  to  be  published  in at least two newspapers having
    14  general circulation  in  the  area  where  such  wetlands  are  located.
    15  Provided, however, if during the course of a more precise delineation as
    16  provided for in subdivision seven of this section, the department deter-
    17  mines  that  errors  occur  on  the  map as currently filed, and that an
    18  adjustment to the map is needed immediately so to protect the values and
    19  meet the policies set forth in section  24-0105  of  this  article,  the
    20  department  shall  provide  notice  to  the  landowner that such land is
    21  thereby subject to jurisdiction, to be followed expeditiously thereafter
    22  with a map adjustment as provided in this subdivision.
    23    7. Except as provided  in  subdivision  eight  of  this  section,  the
    24  [commissioner] department may, upon [his] its own initiative, and shall,
    25  upon  a  written  request by a landowner whose land or a portion thereof
    26  may be included within a wetland, or may upon  the  written  request  of
    27  another  person or persons or an official body whose interests are shown
    28  to be affected, cause to be delineated more precisely the boundary  line
    29  or lines of a freshwater wetland or a portion thereof. Such more precise
    30  delineation  of  a freshwater wetland boundary line or lines shall be of
    31  appropriate scale and sufficient clarity to permit the ready identifica-
    32  tion of individual buildings and of other major man-made  structures  or
    33  facilities  or  significant  geographical  features  with respect to the
    34  boundary of any freshwater wetland.  The [commissioner] department shall
    35  undertake to delineate the boundary of a particular wetland or wetlands,
    36  or a particular part of the boundary thereof only upon a showing by  the
    37  applicant  therefor  of good cause for such more precise delineation and
    38  the establishment of such more precise line.
    39    8. The [supervision of the maintenance of any freshwater wetlands  map
    40  or  portion  thereof  applicable to wetlands within the Adirondack park,
    41  the readjustment and precise delineation of wetland boundary  lines  and
    42  the  other]  functions and duties ascribed to the [commissioner] depart-
    43  ment by [subdivisions six and seven of] this section shall be  performed
    44  inside  the  Adirondack  park by the Adirondack park agency, which shall
    45  make such maps available for public inspection and  examination  at  its
    46  headquarters.
    47    §  5.  Section  24-0507  of  the  environmental  conservation  law  is
    48  REPEALED.
    49    § 6. Subdivision 2 of section 24-0701 of the  environmental  conserva-
    50  tion  law,  as amended by chapter 654 of the laws of 1977, is amended to
    51  read as follows:
    52    2. Activities subject to regulation shall include the  subdivision  of
    53  any parcel of land containing freshwater wetlands and any form of drain-
    54  ing,  dredging, excavation, altering water levels, removal of soil, mud,
    55  sand, shells, gravel or other aggregate  from  any  freshwater  wetland,
    56  either  directly  or  indirectly;  and  any form of dumping, filling, or
        S. 993                             68                            A. 1923
 
     1  depositing of any soil, stones, sand, gravel, mud, rubbish  or  fill  of
     2  any kind, either directly or indirectly; erecting any structures, roads,
     3  the  driving of pilings, or placing of any other obstructions whether or
     4  not  changing  the  ebb  and  flow  of the water; any form of pollution,
     5  including but not limited to, installing a septic tank, running a  sewer
     6  or  other  discharge  outfall,  discharging  sewage  treatment effluent,
     7  stormwater or other liquid wastes into or so as to drain into a freshwa-
     8  ter wetland; and any other activity which substantially impairs  any  of
     9  the  several  functions  served  by  freshwater wetlands or the benefits
    10  derived therefrom which are set forth in section 24-0105 of  this  arti-
    11  cle. These activities are subject to regulation [whether or not] if they
    12  occur  upon  the  wetland  itself[,  if  they  impinge upon or otherwise
    13  substantially affect the wetlands and] or are located not more than  one
    14  hundred  feet  from  the boundary of such wetland, or in the case of the
    15  subdivision of any parcel of land, if such land contains  or  is  within
    16  one  hundred  feet of a wetland.  Provided, that a greater distance from
    17  any such wetland may be regulated pursuant to this article by the appro-
    18  priate local government or by the department, whichever has jurisdiction
    19  over such wetland, where necessary to protect and preserve the wetland.
    20    § 7. Subdivision 5 of section 24-0703 of the  environmental  conserva-
    21  tion  law,  as amended by chapter 233 of the laws of 1979, is amended to
    22  read as follows:
    23    5. Prior to the promulgation of the final freshwater wetlands map in a
    24  particular  area  and  the  implementation  of  a  freshwater   wetlands
    25  protection  law  or  ordinance,  no person shall conduct, or cause to be
    26  conducted, any activity for which a permit  is  required  under  section
    27  24-0701 of this article on any freshwater wetland unless he has obtained
    28  a  permit  from  the  commissioner  under  this  section. Any person may
    29  inquire of the department as to whether or not a given  parcel  of  land
    30  will  be  designated  a  freshwater  wetland  subject to regulation. The
    31  department shall give a definite answer in writing within thirty days of
    32  such request as to whether such parcel will or will  not  be  so  desig-
    33  nated.  Provided  that,  in  the event that weather or ground conditions
    34  prevent the department from making a determination within  thirty  days,
    35  it may extend such period until a determination can be made. Such answer
    36  in  the  affirmative  shall  be  reviewable pursuant to [title eleven of
    37  this] article seventy-eight of the civil practice law and rules; such an
    38  answer in the negative shall be a complete defense to the enforcement of
    39  this article pursuant to article seventy-one of this chapter as to  such
    40  parcel  of land. The commissioner may by regulation adopted after public
    41  hearing exempt categories or classes of wetlands or individual  wetlands
    42  which  he  determines not to be critical to the furtherance of the poli-
    43  cies and purposes of this article.
    44    § 8. Subdivision 6 of section 24-0705 of the  environmental  conserva-
    45  tion  law,  as amended by chapter 654 of the laws of 1977, is amended to
    46  read as follows:
    47    6. Review of the determination of  the  local  government  or  of  the
    48  commissioner  shall  be, within a period of thirty days after the filing
    49  thereof, pursuant to the provisions of [title eleven of this article or]
    50  article seventy-eight of the civil practice law and rules. Any owner  of
    51  the wetland affected and any resident or citizen of the local government
    52  shall be deemed to have the requisite standing to seek review.
    53    §  9.  Subdivision 2 of section 24-0801 of the environmental conserva-
    54  tion law, as added by chapter 654 of the laws of  1977,  is  amended  to
    55  read as follows:
        S. 993                             69                            A. 1923
 
     1    2.  Where  the  activities  otherwise subject to regulation under this
     2  article involve freshwater wetlands located within the boundaries of the
     3  Adirondack park, the inquiries referred to and the applications provided
     4  for in section 24-0703 of this article shall be made to and  filed  with
     5  the  Adirondack park agency at its headquarters office, under such regu-
     6  lations and procedures as the Adirondack park agency may promulgate. The
     7  Adirondack park agency shall review the  application  in  place  of  the
     8  commissioner  or local government as provided in section 24-0705 of this
     9  article, having due regard for the declaration of policy  and  statement
    10  of  findings  set  forth  in this article and for the considerations set
    11  forth in subdivision one of section 24-0705 of this article. The  agency
    12  shall in addition determine prior to the granting of any permit that the
    13  proposed  activity  will be consistent with the Adirondack park land use
    14  and development plan and would not have an undue adverse impact upon the
    15  natural, scenic, aesthetic, ecological, wildlife, historic, recreational
    16  or open space resources of the park, taking into  account  the  economic
    17  and social or other benefits to be derived from the activity. Any person
    18  may  seek  review  of a ruling made solely pursuant to the provisions of
    19  this article by the Adirondack park agency pursuant to the provisions of
    20  [title eleven of this article or] article  seventy-eight  of  the  civil
    21  practice law and rules.
    22    §  10. Subdivisions 1, 2 and 4 of section 24-0901 of the environmental
    23  conservation law, subdivisions 1 and 2 as added by chapter  614  of  the
    24  laws  of 1975 and subdivision 4 as amended by chapter 654 of the laws of
    25  1977, are amended to read as follows:
    26    1. [Upon completion of the freshwater wetlands map,  the  commissioner
    27  shall] The department may confer with local government officials in each
    28  region  in  which  [the  inventory has been conducted] wetlands occur to
    29  establish a program for the protection of the freshwater wetlands of the
    30  state.
    31    2. The [commissioner] department may enter into cooperative agreements
    32  with any city, village, town  or  county,  or  with  any  not-for-profit
    33  conservation organization or an owner of freshwater wetlands or with any
    34  one or more of them, for the purpose of preserving, managing, restoring,
    35  and  maintaining,  or  otherwise  engaging in conservation practices, in
    36  accordance with the policies of this article, those freshwater  wetlands
    37  which  are  wholly  or  partially  located within the boundaries of such
    38  city, village, town [or], county, or private property.
    39    4. A cooperative agreement [with any such village, town, city or coun-
    40  ty] may provide for the development by personnel and facilities  of  the
    41  department  or  the  payment out of funds appropriated therefor, for the
    42  purpose of preserving, maintaining, managing,  restoring,  or  enhancing
    43  such  wetlands  in  accordance with the policies of this article and for
    44  benefits accrued to the people of the state, and for the  furnishing  of
    45  such personnel, facilities or funds as may be agreed upon by the parties
    46  to the cooperative agreement.
    47    § 11.  Subdivision 7 of section 24-0903 of the environmental conserva-
    48  tion  law,  as  added  by chapter 614 of the laws of 1975, is amended to
    49  read as follows:
    50    7. Any person aggrieved by any  such  order  or  regulation  may  seek
    51  [review  pursuant  to the provisions of title eleven of this article or]
    52  judicial review pursuant to article seventy-eight of the civil  practice
    53  law  and rules in the supreme court for the county in which the freshwa-
    54  ter wetland is located, within thirty days after the date of the  filing
    55  of  the  order  with  the  clerk  of  the county in which the wetland is
    56  located.
        S. 993                             70                            A. 1923
 
     1    § 12. Title 11 of article 24 of the environmental conservation law  is
     2  REPEALED.
     3    §  13.  Section  24-1305  of  the  environmental  conservation  law is
     4  REPEALED.
     5    § 14. Section 70-0117 of the environmental conservation law is amended
     6  by adding a new subdivision 8 to read as follows:
     7    8. (a) All persons required to obtain a  permit  from  the  department
     8  pursuant  to section 24-0701 of this chapter shall submit to the depart-
     9  ment an application fee in an amount not to exceed the following:
    10    (i) fifty dollars per application for a permit for a minor project  or
    11  modification to an existing permit;
    12    (ii)  one  hundred  dollars  per  application for a permit for a major
    13  project associated with a single  family  dwelling  or  multiple  family
    14  dwelling and customary appurtenances thereto;
    15    (iii)  two  hundred dollars per application for a permit for all other
    16  major projects.
    17    (b) All persons required to obtain a permit from the department pursu-
    18  ant to section 25-0402 of this chapter shall submit to the department an
    19  application fee in an amount not to exceed the following:
    20    (i) two hundred dollars per application  for  a  permit  for  a  minor
    21  project or modification to an existing permit;
    22    (ii)  nine  hundred  dollars  per application for a permit for a major
    23  project.
    24    (c) All fees collected pursuant to this subdivision shall be deposited
    25  into the conservation fund pursuant to section eighty-three of the state
    26  finance law.
    27    § 15. Section  71-2303  of  the  environmental  conservation  law,  as
    28  amended  by  chapter  654  of  the  laws  of 1977, is amended to read as
    29  follows:
    30  § 71-2303. Violation; penalties.
    31    1. Administrative sanctions. Any  person  who  violates,  disobeys  or
    32  disregards  any  provision  of article twenty-four, including title five
    33  and section 24-0507 thereof or any rule  or  regulation,  local  law  or
    34  ordinance,  permit  or order issued pursuant thereto, shall be liable to
    35  the people of the state for a civil penalty [of] not to  exceed  [three]
    36  ten  thousand  dollars for every such violation, to be assessed, after a
    37  hearing or opportunity to be heard upon due notice and with  the  rights
    38  to  specification  of  the charges and representation by counsel at such
    39  hearing, by the [commissioner]  department  or  local  government.  Such
    40  penalty may be recovered in an action brought by the attorney general at
    41  the  request  and in the name of the commissioner or local government in
    42  any court of competent jurisdiction. Such civil penalty may be  released
    43  or compromised by the commissioner or local government before the matter
    44  has  been  referred  to  the attorney general; and where such matter has
    45  been referred to the attorney general, any such penalty may be  released
    46  or  compromised  and  any  action  commenced  to recover the same may be
    47  settled and discontinued by the attorney general with the consent of the
    48  [commissioner] department or local government. In addition, the  commis-
    49  sioner or local government shall have power, following a hearing held in
    50  conformance  with  the  procedures  set forth in section 71-1709 of this
    51  [chapter] article, to direct the violator to cease  [his]  violation  of
    52  the act and to restore the affected freshwater wetland and its regulated
    53  adjacent  area  to its condition prior to the violation, insofar as that
    54  is possible within a reasonable time and under the  supervision  of  the
    55  commissioner  or local government. Any such order of the commissioner or
    56  local government shall be enforceable in an action brought by the attor-
        S. 993                             71                            A. 1923
 
     1  ney general at the request and in the name of the commissioner or  local
     2  government  in any court of competent jurisdiction. Any civil penalty or
     3  order issued by the commissioner or local government  pursuant  to  this
     4  subdivision  shall  be  reviewable  in  a proceeding pursuant to article
     5  seventy-eight of the civil practice law and rules.
     6    2. Criminal sanctions. Any person who violates any provision of  arti-
     7  cle twenty-four of this chapter, including any rule or regulation, local
     8  law  or  ordinance,  permit  or order issued pursuant thereto, shall, in
     9  addition, for the first offense, be guilty of a violation punishable  by
    10  a  fine  of not less than five hundred nor more than [one] five thousand
    11  dollars; for a second and each subsequent offense he shall be guilty  of
    12  a  misdemeanor  punishable  by  a fine of not less than one thousand nor
    13  more than [two] ten thousand dollars or a term of  imprisonment  of  not
    14  less  than  fifteen days nor more than six months or both.  [Instead of]
    15  In addition to these punishments, any  offender  may  be  punishable  by
    16  being  ordered  by  the court to restore the affected freshwater wetland
    17  and its regulated adjacent area to its condition prior to  the  offense,
    18  insofar  as  that is possible. The court shall specify a reasonable time
    19  for the completion of such restoration, which shall  be  effected  under
    20  the  supervision  of the commissioner or local government.  Each offense
    21  shall be a separate and distinct offense and, in the case of a  continu-
    22  ing  offense,  each day's continuance thereof shall be deemed a separate
    23  and distinct offense.
    24    § 16. Paragraph 1 of subdivision (a) and subdivision (g) of section 83
    25  of the state finance law, paragraph 1 of subdivision (a) as  amended  by
    26  chapter  512 of the laws of 1994 and subdivision (g) as added by chapter
    27  666 of the laws of 1989, are amended to read as follows:
    28    1. The conservation fund shall consist of all moneys belonging to  the
    29  state  received by the department of environmental conservation from the
    30  sale of licenses for hunting, for trapping, and for fishing, all  moneys
    31  received  in actions for penalties under articles eleven and thirteen of
    32  the environmental  conservation  law  and  subdivision  two  of  section
    33  71-1929 of the environmental conservation law, or upon the settlement or
    34  compromise  thereof, all fines for violation of any of the provisions of
    35  articles eleven and thirteen of the environmental conservation law,  all
    36  moneys arising out of the operation of real property under the jurisdic-
    37  tion  of the division of fish and wildlife in the department of environ-
    38  mental conservation heretofore or hereafter acquired by the state of New
    39  York, and from any concessions thereon  and  from  any  leases  thereof,
    40  including  moneys received from the sale thereof when authorized by law,
    41  all moneys received from leases or rentals of shellfish grounds  in  the
    42  marine and coastal district, all moneys from gifts for fish and wildlife
    43  management  pursuant  to section six hundred twenty-five of the tax law,
    44  moneys received by the department of environmental conservation from the
    45  sale of limited edition  prints  of  fish  and  wildlife  paintings,  as
    46  authorized  by  paragraph  t of subdivision two of section 3-0301 of the
    47  environmental conservation law, all moneys received from the  reimburse-
    48  ment  provided for in paragraph b of subdivision seven of section 8-0109
    49  of the environmental  conservation  law,  all  moneys  received  by  the
    50  department  from  permit  fees  pursuant to subdivision eight of section
    51  70-0117 of the environmental conservation  law,  and  all  other  moneys
    52  arising  out of the application of any provisions of articles eleven and
    53  thirteen of the environmental  conservation  law.  These  moneys,  after
    54  appropriation  by  the legislature, and within the amounts set forth and
    55  for the several purposes specified, shall be available to the department
    56  of environmental conservation for the care, management,  protection  and
        S. 993                             72                            A. 1923
 
     1  enlargement  of the fish, game and shell fish resources of the state and
     2  for the promotion of public fishing and shooting. In the  accomplishment
     3  of these objects the moneys made available hereunder shall be devoted to
     4  the  purchase  or  acquisition  of  lands, lands under water, waters, or
     5  rights therein as required, to payment for personal service, for mainte-
     6  nance and operation, and for new construction and permanent betterments,
     7  and to all other proper expenses  of  the  department  of  environmental
     8  conservation  in the administration and enforcement of the provisions of
     9  articles eleven and thirteen of the environmental conservation law.
    10    (g) All moneys, fees, fines and penalties arising out of the  adminis-
    11  tration  and  enforcement of the tidal wetlands act (article twenty-five
    12  of the environmental conservation law), except permit fees  received  by
    13  the  department  pursuant to subdivision eight of section 70-0117 of the
    14  environmental conservation law,  shall  be  deposited  into  the  marine
    15  resources account of the conservation fund.
    16    §  17.  This act shall take effect on the ninetieth day after it shall
    17  have become a law.
 
    18                                   PART S
 
    19    Section 1. Paragraphs (b), (c) and (d) of  subdivision  6  of  section
    20  92-s  of  the  state  finance  law, paragraphs (b) and (c) as amended by
    21  chapter 432 of the laws of 1997, and paragraph (d) as amended by section
    22  13 of part E of chapter 61 of the laws of 2000, are amended to  read  as
    23  follows:
    24    (b)  Moneys  from the solid waste account shall be available, pursuant
    25  to appropriation and upon certificate of approval of availability by the
    26  director of the budget, for any non-hazardous municipal landfill closure
    27  project; municipal waste reduction or recycling project, as  defined  in
    28  article  fifty-four  of  the  environmental  conservation  law;  for the
    29  purposes of section  two  hundred  sixty-one  and  section  two  hundred
    30  sixty-four of the economic development law; any project for the develop-
    31  ment,  updating or revision of local solid waste management plans pursu-
    32  ant to sections 27-0107 and 27-0109 of  the  environmental  conservation
    33  law;  [and] for the development of the pesticide sales and use data base
    34  in conjunction with Cornell University pursuant to title twelve of arti-
    35  cle thirty-three of the environmental conservation law; for purposes  of
    36  integrated  pest  management  activities (IPM) authorized by subdivision
    37  thirty-nine of section sixteen and article eleven of the agriculture and
    38  markets law; for purposes of agricultural research and extension  activ-
    39  ities  conducted  at the New York state agricultural experiment station,
    40  located in the city of Geneva, established by chapter five hundred nine-
    41  ty-two of the laws of eighteen hundred eighty; and for any  projects  to
    42  assess and recover any natural resource damages to the Hudson River.
    43    (c)  Moneys  from  the  parks,  recreation  and  historic preservation
    44  account shall be available, pursuant to appropriation, for any municipal
    45  park  project,  historic  preservation  project,  urban  cultural   park
    46  project,   waterfront  revitalization  program,  coastal  rehabilitation
    47  project, Hudson River Park project consistent with chapter five  hundred
    48  ninety-two  of  the laws of nineteen hundred ninety-eight, historic barn
    49  projects and for state parks and lands  infrastructure  and  stewardship
    50  projects.
    51    (d) Moneys from the open space account shall be available, pursuant to
    52  appropriation, (i) for any open space land conservation project[,]; (ii)
    53  for  bio-diversity  stewardship  and  research  pursuant to chapter five
    54  hundred fifty-four of the  laws  of  nineteen  hundred  ninety-three[,];
        S. 993                             73                            A. 1923
 
     1  (iii)  for  the  purposes of agricultural and farmland protection activ-
     2  ities as authorized by article twenty-five-AAA of  the  agriculture  and
     3  markets law[,]; (iv) for non-point source abatement and control projects
     4  pursuant  to  section  17-1409 of the environmental conservation law and
     5  section eleven-b of the soil and water  conservation  districts  law[,];
     6  (v)  for  soil and water conservation district activities authorized for
     7  reimbursement pursuant to section eleven-a of the soil and water conser-
     8  vation districts law; (vi) for projects to implement  the  Hudson  River
     9  estuary  management  plan  prepared  pursuant  to section 11-0306 of the
    10  environmental conservation law;  (vii)  for  Long  Island  Central  Pine
    11  Barrens  area  planning or Long Island south shore estuary reserve plan-
    12  ning pursuant to title thirteen of article fifty-four  of  the  environ-
    13  mental  conservation  law[, and]; (viii) for operation and management of
    14  the Albany Pine Bush preserve commission pursuant to subdivision two  of
    15  section 54-0303 of the environmental conservation law; (ix) for environ-
    16  mental justice initiatives identified in the department of environmental
    17  conservation policy on environmental justice and permitting; and (x) for
    18  quality  communities  projects  pursuant  to  title  fifteen  of article
    19  fifty-four of the environmental conservation law.
    20    § 2. Article 54 of the environmental conservation law  is  amended  by
    21  adding a new title 14 to read as follows:
    22                                  TITLE 14
    23        STATE PARKS AND LANDS INFRASTRUCTURE AND STEWARDSHIP PROJECTS
    24  Section 54-1401. Definitions.
    25          54-1402. State  parks  and  lands infrastructure and stewardship
    26                     projects.
    27  § 54-1401. Definitions.
    28    As used in this title:
    29    1. "Stewardship" shall mean the care  of  the  lands,  facilities  and
    30  natural  and cultural resources under the jurisdiction of the department
    31  and the office of parks, recreation and historic preservation on  behalf
    32  of the public, and the provision of public access thereto.
    33    2.  "State  parks  and  lands  infrastructure"  shall  mean state park
    34  resources, recreational facilities and  historic  sites  and  any  other
    35  property, real or personal, under the jurisdiction of the department and
    36  the office of parks, recreation and historic preservation, together with
    37  machinery,  equipment, furnishings and fixtures relating thereto or used
    38  in connection therewith.
    39    3. "State parks and lands  infrastructure  and  stewardship  projects"
    40  shall  mean  all costs incurred or to be incurred by or on behalf of the
    41  department and the office of parks, recreation and historic preservation
    42  for the purpose of preserving, improving or rehabilitating  state  parks
    43  and lands infrastructure. Such projects may include, but are not limited
    44  to:  natural resource and habitat restoration and protection such as the
    45  protection and management of biological, land, geological, archeological
    46  and other natural resources, survey and inventory, scientific  research,
    47  planning  and  analysis,  and  development  of  unit  management  plans;
    48  projects to improve public access  including  access  opportunities  for
    49  people with disabilities by developing, restoring, reconstructing, reha-
    50  bilitating and maintaining physical facilities, including but not limit-
    51  ed  to buildings, roads, bridges and waste disposal systems; projects to
    52  develop, maintain, or improve marine resource facilities,  water  access
    53  facilities, recreational trails, campgrounds, day use areas, fish hatch-
    54  eries,  public  beach  facilities,  visitor  centers,  interpretive  and
    55  conservation education facilities; and historic preservation projects to
    56  improve, restore  or  rehabilitate  property  listed  on  the  state  or
        S. 993                             74                            A. 1923
 
     1  national  registers of historic places to protect the historic, cultural
     2  or architectural significance thereof.
     3  § 54-1402. State   parks   and   lands  infrastructure  and  stewardship
     4               projects.
     5    1. The commissioner and the  commissioner  of  parks,  recreation  and
     6  historic  preservation are authorized to undertake state parks and lands
     7  infrastructure and stewardship projects.
     8    2. No monies shall be expended for state parks and  lands  infrastruc-
     9  ture and stewardship projects except pursuant to an appropriation there-
    10  for.
    11    §  3.  Subdivision  7  of  section  92-s  of  the state finance law is
    12  REPEALED.
    13    § 4. The title heading of title 5 of article 54 of  the  environmental
    14  conservation  law,  as  added  by  chapter  610  of the laws of 1993, is
    15  amended to read as follows:
    16              NON-HAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS
    17               AND MUNICIPAL LANDFILL GAS MANAGEMENT PROJECTS
    18    § 5. Subdivisions 2, 3 and 4 of section 54-0501 of  the  environmental
    19  conservation law, subdivision 2 as amended and subdivision 4 as added by
    20  section 17 of part A of chapter 58 of the laws of 1998, subdivision 3 as
    21  added by chapter 610 of the laws of 1993, are amended and two new subdi-
    22  visions 5 and 6 are added to read as follows:
    23    2.    "Municipal [Landfill] landfill closure project" means activities
    24  undertaken to close, including by reclamation, a landfill owned or oper-
    25  ated by a municipality to achieve compliance with regulations promulgat-
    26  ed by the department, [or] activities undertaken to implement a landfill
    27  gas management system [project], or activities undertaken to implement a
    28  beneficial end-use.
    29    3. "Cost" means the capital  cost  of  a  municipal  landfill  closure
    30  project  or a municipal landfill gas management project, including engi-
    31  neering and architectural services, plans and specifications, consultant
    32  and legal services, and other direct capital expenses incident  to  such
    33  project,  less any federal or other assistance for such project received
    34  or to be received.
    35    4. "Landfill gas management system" means [a] an active system for the
    36  control, capture, and management of gas created within and emitted  from
    37  a solid waste landfill.
    38    5.  "Beneficial  end-use"  means  a public recreational use, such as a
    39  park, hiking trail, golf course, nature area, baseball field, ski slope,
    40  or sledding hill, or other public use demonstrated to the department  to
    41  be beneficial to a community.
    42    6. "Municipal landfill gas management project" means activities under-
    43  taken  to  implement a landfill gas management system at an active land-
    44  fill which is owned or operated by a municipality.
    45    § 6. The section heading  of  section  54-0503  of  the  environmental
    46  conservation  law,  as  added  by  chapter  610  of the laws of 1993, is
    47  amended and a new subdivision 5 is added to read as follows:
    48    Eligibility to receive state assistance payments for  municipal  land-
    49      fill closure projects.
    50    5.  For  a  beneficial  end-use, the landfill must have been closed in
    51  compliance with and currently be in  compliance  with  the  department's
    52  solid  waste  management  regulations which became effective on December
    53  thirty-first, nineteen hundred eighty-eight or any subsequent  revisions
    54  to such regulations.
    55    §  7.  The  environmental  conservation law is amended by adding a new
    56  section 54-0504 to read as follows:
        S. 993                             75                            A. 1923
 
     1  § 54-0504. Eligibility to receive state assistance payments for  munici-
     2               pal landfill gas management projects.
     3    Any  municipality  which  is  the  owner or operator of a landfill may
     4  apply for state assistance payments toward the cost of a municipal land-
     5  fill gas management project. Any application for  a  municipal  landfill
     6  gas  management  project must comply with all applicable rules and regu-
     7  lations promulgated by the department.
     8    § 8. Subdivision 1 of section 54-0505 of the  environmental  conserva-
     9  tion  law,  as  added  by chapter 610 of the laws of 1993, is amended to
    10  read as follows:
    11    1. State assistance  payments  shall  be  approved  only  for  closure
    12  projects  that  include plans for closure, post-closure and construction
    13  in accordance with the department's solid waste  management  regulations
    14  applicable  to  new projects[,] which were in effect six months prior to
    15  the date of submittal of the final application.
    16    § 9. The environmental conservation law is amended  by  adding  a  new
    17  section 54-0506 to read as follows:
    18  § 54-0506. Criteria for municipal landfill gas management projects.
    19    Municipal  landfill  gas  management  project  costs incurred prior to
    20  April first, nineteen hundred ninety-three shall  not  be  eligible  for
    21  state assistance payments funded pursuant to this article.
    22    § 10. Paragraphs b and c of subdivision 2 and subdivision 3 of section
    23  54-0507  of  the environmental conservation law, as added by chapter 610
    24  of the laws of 1993, are amended and subdivision 2 is amended by  adding
    25  a new paragraph d to read as follows:
    26    b. any adverse environmental impact resulting from the municipal land-
    27  fill, including effects on groundwater; [and]
    28    c. the ability of the municipality to pay for the costs of the munici-
    29  pal landfill closure[.] project; and
    30    d.  for  beneficial  end-uses, the community value of the recreational
    31  use to be provided to the public.
    32    3. No monies shall be expended for  non-hazardous  municipal  landfill
    33  closure  projects  or  municipal landfill gas management projects except
    34  pursuant to an appropriation therefor.
    35    § 11. The section heading and subdivision 2 of section 54-0509 of  the
    36  environmental  conservation law, the section heading as added by chapter
    37  610 of the laws of 1993, and subdivision 2 as amended by  section  1  of
    38  part  H  of  chapter  82  of  the  laws  of 2002, are amended to read as
    39  follows:
    40    Contracts for state assistance payments for municipal landfill closure
    41      projects and municipal landfill gas management projects.
    42    2. An agreement by the commissioner to make state assistance  payments
    43  toward  the  cost of the project by periodically reimbursing the munici-
    44  pality for costs incurred during the progress of the project [to]. For a
    45  municipal landfill closure project, which does not  include  a  landfill
    46  gas management system or beneficial end-use, such reimbursement shall be
    47  a  maximum of either fifty percent of the cost, or ninety percent of the
    48  cost for a municipality  with  a  population  smaller  than  thirty-five
    49  hundred  as  determined  by the current federal decennial census, or two
    50  million dollars, whichever is less. [The commissioner may consider land-
    51  fill gas management system projects  separately  from  landfill  closure
    52  projects.]  For  a  landfill  gas  management system, which is part of a
    53  municipal landfill closure project, reimbursement shall be a maximum  of
    54  either  fifty  percent  of the cost, or ninety percent of the cost for a
    55  municipality with a  population  smaller  than  thirty-five  hundred  as
    56  determined  by  the  current  federal  decennial  census, or two million
        S. 993                             76                            A. 1923
 
     1  dollars, whichever is less. For a beneficial end-use, which is part of a
     2  municipal landfill closure project, reimbursement shall be a maximum  of
     3  either  fifty  percent  of the cost, or ninety percent of the cost for a
     4  municipality  with  a  population  smaller  than  thirty-five hundred as
     5  determined by the current federal  decennial  census,  or  five  hundred
     6  thousand  dollars,  whichever  is  less.  For  a  municipal landfill gas
     7  management project, reimbursement shall be a  maximum  of  either  fifty
     8  percent  of  the  cost, or ninety percent of the cost for a municipality
     9  with a population smaller than thirty-five hundred as determined by  the
    10  current  federal  decennial census, or two million dollars, whichever is
    11  less. Project costs are subject to final computation  and  determination
    12  by the commissioner upon completion of the project, and shall not exceed
    13  the  maximum cost set forth in the contract. For purposes of this subdi-
    14  vision, the approved project cost shall be reduced by the amount of  any
    15  specific  state  assistance  payments  for municipal landfill closure or
    16  municipal landfill gas management project purposes received by the muni-
    17  cipality from any source; provided,  however,  that  non-specific  state
    18  assistance payments, such as amounts paid pursuant to section fifty-four
    19  of the state finance law, shall not be included in such cost reduction.
    20    §  12.  The  section  heading  of section 54-0511 of the environmental
    21  conservation law, as added by chapter  610  of  the  laws  of  1993,  is
    22  amended to read as follows:
    23    Loans  for  municipal landfill closure projects and municipal landfill
    24      gas management projects.
    25    § 13. The environmental conservation law is amended by  adding  a  new
    26  section 70-0110 to read as follows:
    27  § 70-0110. Environmental justice technical assistance grant program.
    28    1.  The  environmental  justice  technical assistance grant program is
    29  hereby established.
    30    2. The department shall, subject to an  appropriation  therefor,  make
    31  grants  of  up  to fifty thousand dollars per project available to local
    32  community organizations, individually or collectively, so that they  may
    33  obtain technical assistance to review the project permit application and
    34  related  documents,  and  participate in the department's administrative
    35  permit review process.  Technical assistance may include legal, consult-
    36  ant, administrative or other services as  approved  by  the  department,
    37  provided  however  that any grants awarded under this section may not be
    38  used, in whole or in part, for any  activities  that  are  not  directly
    39  related  to the department's administrative permit review process or for
    40  any expenses that are related to the commencement of,  or  participation
    41  in, any action before a municipal, state or federal court or other agen-
    42  cy.
    43    3.  To qualify to receive a grant, a local community organization must
    44  demonstrate that it is a  local  not-for-profit  organization,  that  it
    45  represents  the interests of an area where the environment, as that term
    46  is defined by the department, may be adversely impacted by the  project,
    47  and that the area inhabitants include a minority community or low-income
    48  community, as those terms are defined by the department.
    49    4.  Grants  may  only be awarded for projects for which the department
    50  has received a permit application for a major project or major modifica-
    51  tion pursuant to department specified regulatory programs.
    52    5. Requests for funds shall be submitted to the department  not  later
    53  than  fifteen days after the department issuance of a notice of complete
    54  application. Subject to the availability of funds and at the  discretion
    55  of  the department, funding requests may be considered beyond the speci-
    56  fied due date.
        S. 993                             77                            A. 1923
 
     1    6. Each request for funds shall be submitted  to  the  department  and
     2  contain:
     3    (a)  a  statement  that the community organization is a not-for-profit
     4  organization;
     5    (b) the number of persons, and the interests and goals the  requesting
     6  party  represents, including a statement that the local community organ-
     7  ization represents the interests of an area where  the  environment,  as
     8  that term is defined by the department, may be adversely impacted by the
     9  project and the area inhabitants include a minority community or low-in-
    10  come community;
    11    (c) a statement of financial need;
    12    (d)  the location of the requesting party with respect to the location
    13  of the proposed action and any alternative site listed;
    14    (e) a detailed statement of the technical assistance  services  to  be
    15  sought  and  the  community  organization's  need for such assistance in
    16  order to review the project permit application  and  related  documents,
    17  and  participate  in the department's administrative permit review proc-
    18  ess;
    19    (f) a statement that the technical assistance sought does  not  dupli-
    20  cate  work  already  performed  and  publicly  available  concerning the
    21  proposed project;
    22    (g) if known, the name and qualifications  of  each  person  supplying
    23  technical assistance pursuant to any grant award;
    24    (h)  a  copy of any contract, agreement or proposed contract or agree-
    25  ment with each technical assistance service provider; and
    26    (i) if known, the name of any other interested party  who  intends  to
    27  seek  technical assistance from the same person listed pursuant to para-
    28  graph (g) of this subdivision.
    29    7. The department shall encourage the consolidation  of  requests  for
    30  funding.
    31    8.  Not  later  than thirty days after the notice of complete applica-
    32  tion, the department shall make an initial  award,  and  thereafter  may
    33  make  additional awards, in relation to the potential for such awards to
    34  make a contribution to the review of the project permit application  and
    35  related  documents  and  meaningful  public participation in the depart-
    36  ment's administrative permit review process. The department shall ensure
    37  that the funds are awarded on an  equitable  basis  in  a  manner  which
    38  facilitates broad public participation in the permit review process.
    39    9.  On a quarterly basis, unless otherwise required by the department,
    40  any community organization receiving an award of funds shall:
    41    (a) provide an accounting of the monies that have been spent; and
    42    (b) submit a report to the department showing:
    43    (i) that the purpose for which the funds have been  awarded  has  been
    44  achieved and the result of any studies using such funds;
    45    (ii) that reasonable progress toward the goal for which the funds were
    46  allocated is being achieved; or
    47    (iii) why further expenditure is warranted.
    48    10.  Where  it  appears  warranted, the department may incorporate the
    49  reports referred to in subdivision nine of this section into the  public
    50  record related to the subject project.
    51    11.  Disbursements  of funds pursuant to this section shall be made by
    52  the department upon audit and warrant of the comptroller of the state on
    53  state voucher.
    54    12. Grants shall not be awarded for projects where funding for techni-
    55  cal assistance is already provided.
        S. 993                             78                            A. 1923
 
     1    13. The department may adopt any regulations  necessary  to  implement
     2  the provisions of this section.
     3    14. For the purposes of this section:
     4    (a) "environmental justice" shall mean the fair treatment and meaning-
     5  ful involvement of all people regardless of race, color, national origin
     6  or  income with respect to the development, implementation, and enforce-
     7  ment of environmental laws, regulations, and policies.
     8    (b) "legal services" shall include only those services associated with
     9  the department's administrative permit review process, including but not
    10  limited to legal representation at any hearing conducted by the  depart-
    11  ment and legal analysis of permit application documents.
    12    §  14.  Short  title.  Sections fifteen and sixteen of this act may be
    13  known as the "qualities communities implementation act of 2005".
    14    § 15. Legislative findings and intent. The legislature finds that  the
    15  quality  of our communities is dependent upon such critical interrelated
    16  factors as environmental quality and economic vitality; that  our  envi-
    17  ronmental  quality  and economic vitality is advanced by sound community
    18  planning; and that successful community planning depends  upon  creative
    19  strategies  which  embrace environmental protection and economic growth.
    20  Therefore, it is the intent of the legislature to provide state  assist-
    21  ance  for projects within our communities that support and advance crea-
    22  tive strategies and projects which build upon each  community's  assets,
    23  its  natural resources, cultural and economic strengths and other unique
    24  characteristics, consistent with the principles of quality communities.
    25    § 16. Article 54 of the environmental conservation law is  amended  by
    26  adding a new title 15 to read as follows:
    27                                   TITLE 15
    28                        QUALITY COMMUNITIES PROJECTS
    29  Section 54-1501. Definitions.
    30          54-1502. Approval and execution of projects.
    31  § 54-1501. Definitions.
    32    As used in this title the following terms shall mean and include:
    33    1.  "Quality  communities project" means a community planning project,
    34  an open space conservation  planning  project,  a  downtown  partnership
    35  revitalization project, or a mountain communities project.
    36    2.  "Quality  communities  principles"  means  the quality communities
    37  principles and corresponding recommendations set forth  in  the  January
    38  two thousand one report of the New York state quality communities inter-
    39  agency  task force established by executive order number one hundred two
    40  on January twenty-first, two thousand.
    41    3. "Community planning project" means (a) a project  undertaken  by  a
    42  municipality  to prepare and implement a comprehensive land use plan, or
    43  a portion thereof, which includes the elements of a  comprehensive  plan
    44  set  forth  in  comprehensive  planning  enabling  legislation including
    45  subdivision one of section two  hundred  thirty-nine-d  of  the  general
    46  municipal law, subdivision four of section twenty-eight-g of the general
    47  city  law, subdivision three of section two hundred seventy-two-a of the
    48  town law, or subdivision three of section  7-722  of  the  village  law,
    49  consistent  with quality communities principles; or (b) a project under-
    50  taken by two or more municipalities to establish  a  common  vision  and
    51  plan to protect and improve the natural, economic and cultural resources
    52  and  infrastructure  in  their  area consistent with quality communities
    53  principles, or to establish and implement inter-municipal agreements for
    54  joint land use or environmental  plans  and  controls,  corridor  plans,
    55  shared services, shared facilities, or shared resources, consistent with
    56  quality community principles.
        S. 993                             79                            A. 1923
 
     1    4.  "Open  space conservation planning project" means a project under-
     2  taken by a municipality to identify open space suitable for conservation
     3  having environmental, recreational, scenic, or agricultural values which
     4  contribute or enhance the community's  natural,  cultural  and  economic
     5  character, consistent with quality communities principles. Such projects
     6  may include recreation and trail planning, recreational access plans for
     7  the  disabled,  transfer  of development rights programs, open space and
     8  recreation plans and measures to integrate open space conservation  into
     9  overall community and neighborhood development.
    10    5.  "Downtown  partnership  revitalization  project"  means  a project
    11  undertaken by a municipality, or a not-for-profit corporation working in
    12  cooperation with a municipality, to conduct a public process to  develop
    13  a  downtown  area vision, identify the economic and market niche of such
    14  area, prepare a downtown revitalization strategy  consistent  with  such
    15  vision  and  niche,  establish  sustainable  organizational  capacity to
    16  implement the strategy, and  implement  the  strategy,  consistent  with
    17  quality communities principles.
    18    6.  "Mountain  communities  project"  means  a project undertaken by a
    19  municipality, or a not-for-profit  corporation  working  in  cooperation
    20  with  a  municipality, located wholly or partially within the boundaries
    21  of the Adirondack Park or Catskill Park  to  prepare  a  community-based
    22  program  implementing  the  vision  of the people in the community using
    23  locally derived strategies that protect natural  resources  and  enhance
    24  local economies unique to these mountain regions, consistent with quali-
    25  ty community principles.
    26  § 54-1502.  Approval and execution of projects.
    27    1.  The  secretary  is  authorized to provide, on a competitive basis,
    28  within amounts appropriated, state assistance payments toward  the  cost
    29  of  any quality communities project approved by the secretary in consul-
    30  tation with the quality communities interagency  task  force  as  estab-
    31  lished  by  executive order one hundred two on January twenty-first, two
    32  thousand.
    33    2. State assistance payments shall not exceed eighty  percent  of  the
    34  cost  of  the project, except that the secretary may increase the amount
    35  of state assistance for projects in areas identified by  the  secretary,
    36  in consultation with the commissioner, that provide natural resource and
    37  open  space  protection  of  statewide significance, and for projects in
    38  economically distressed municipalities that meet unemployment and income
    39  criteria established by the secretary.  For the purpose  of  determining
    40  the  amount  of  the  state  assistance payment, the cost of the project
    41  shall be the total project cost incurred and paid by the municipality or
    42  not-for-profit corporation as set forth in  the  application  for  state
    43  assistance  payments  approved  by  the  secretary. The state assistance
    44  payment shall be reimbursement for such eligible project costs  incurred
    45  and  shall  be  paid  on audit and warrant of the state comptroller on a
    46  certificate of availability of the director of the budget.
    47    3. The secretary may enter into a contract for the  undertaking  of  a
    48  quality  communities  project  and  state  assistance  payments, and may
    49  impose such contractual requirements and  conditions  as  the  secretary
    50  deems  appropriate to ensure that a public benefit shall accrue from the
    51  use of such payments.  Quality communities projects shall be recommended
    52  to the secretary by the governing  body  of  a  municipality  and,  when
    53  approved  by the secretary, may be undertaken pursuant to this title and
    54  any other applicable provision of law.
    55    4. Prior to  the  acceptance  of  applications  for  state  assistance
    56  payments,  the  secretary  in  consultation with the quality communities
        S. 993                             80                            A. 1923
 
     1  interagency task force as established by executive order one hundred two
     2  on January twenty-first, two thousand shall establish eligibility crite-
     3  ria, application procedures, evaluation procedures, and project approval
     4  criteria,  and  may  establish  funding  priorities and give priority or
     5  additional consideration to projects in economically distressed  munici-
     6  palities  that  meet unemployment and income criteria established by the
     7  secretary, and for projects in areas  identified  by  the  secretary  in
     8  consultation  with  the  commissioner, that provide natural resource and
     9  open space protection of statewide significance.
    10    § 17. Section 1421 of the tax law, as amended by section 7 of  part  A
    11  of chapter 58 of the laws of 1998, is amended to read as follows:
    12    §  1421. Deposit and dispositions of revenues.  From the taxes, inter-
    13  est and penalties attributable to the tax imposed  pursuant  to  section
    14  fourteen  hundred  two  of  this article, the amount of thirty-three and
    15  one-half million dollars shall be deposited by the  comptroller  in  the
    16  environmental  protection  fund  established pursuant to section ninety-
    17  two-s of the state finance law  for  the  fiscal  year  beginning  April
    18  first,  nineteen hundred ninety-five; the amount of eighty-seven million
    19  dollars shall be deposited in such fund for the fiscal  years  beginning
    20  April  first,  nineteen  hundred ninety-six and nineteen hundred ninety-
    21  seven, and the amount of one hundred twelve  million  dollars  shall  be
    22  deposited  in such fund for the fiscal year beginning April first, nine-
    23  teen hundred ninety-eight and for each fiscal year  thereafter,  and  at
    24  the  direction of the director of the budget, an additional amount of up
    25  to twenty-five million dollars may be deposited in  such  fund  for  the
    26  fiscal year beginning April first, two thousand five and for each fiscal
    27  year  thereafter, for disposition as provided under such section.  On or
    28  before June twelfth, nineteen hundred ninety-five and on or  before  the
    29  twelfth  day  of  each  month thereafter (excepting the first and second
    30  months of each fiscal year), the comptroller  shall  deposit  into  such
    31  fund  from  the taxes, interest and penalties collected pursuant to such
    32  section fourteen hundred two of this article which have  been  deposited
    33  and  remain  to the comptroller's credit in the banks, banking houses or
    34  trust companies referred to in section one hundred seventy-one-a of this
    35  chapter at the close of business on the last day of the preceding month,
    36  an amount equal to one-tenth of the annual amount required to be  depos-
    37  ited  in such fund pursuant to this section for the fiscal year in which
    38  such deposit is required to be made.  In the event such amount of taxes,
    39  interest and penalties so remaining to the comptroller's credit is  less
    40  than  the  amount  required  to  be  deposited in such fund by the comp-
    41  troller, an amount equal to the shortfall shall  be  deposited  in  such
    42  fund by the comptroller with subsequent deposits, as soon as the revenue
    43  is  available. Beginning April first, nineteen hundred ninety-seven, the
    44  comptroller shall transfer monthly to the  clean  water/clean  air  fund
    45  established  pursuant  to  section ninety-seven-bbb of the state finance
    46  law, all moneys  remaining  from  such  taxes,  interest  and  penalties
    47  collected  that  are  not  required  for  deposit  in  the environmental
    48  protection fund.
    49    § 18. This act shall take effect immediately and shall  be  deemed  to
    50  have been in full force and effect on and after April 1, 2005.
 
    51                                   PART T
 
    52    Section 1. Notwithstanding any law to the contrary, the comptroller is
    53  hereby  authorized  and directed to receive for deposit to the credit of
        S. 993                             81                            A. 1923
 
     1  the general fund the amount of $913,000 from the New York  state  energy
     2  research and development authority.
     3    § 2. Notwithstanding any law to the contrary, the comptroller is here-
     4  by  authorized  and directed to receive for deposit to the credit of the
     5  environmental conservation special revenue fund-301 low  level  radioac-
     6  tive  waste account from the New York state energy research and develop-
     7  ment authority $330,000 received pursuant to subparagraph (ii) of  para-
     8  graph a of subdivision 2 of section 1854-d of the public authorities law
     9  for the purposes specified in a chapter of the laws of 2005.
    10    §  3.  Notwithstanding  any  provision of section 1854-d of the public
    11  authorities law, the New York  state  energy  research  and  development
    12  authority  is  hereby  authorized  and directed, upon the request of the
    13  director of the division of the budget, to transfer to the  state  comp-
    14  troller for deposit in the state general fund the amount of $60,000 from
    15  the  interest  earnings on assessments paid to the authority pursuant to
    16  paragraph c of subdivision 2 of such section.
    17    § 4. Notwithstanding any law to the contrary, the comptroller is here-
    18  by authorized and directed to receive for deposit to the credit  of  the
    19  general  fund  from  the  New York state energy research and development
    20  authority $60,000  from  accumulated  interest  earnings  on  surcharges
    21  collected and deposited in escrow pursuant to paragraph a of subdivision
    22  2 of section 1854-d of the public authorities law.
    23    §  5.  This  act  shall take effect immediately and shall be deemed to
    24  have been in full force and effect on and after April 1, 2005.
    25    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    26  sion, section or part of this act shall be  adjudged  by  any  court  of
    27  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    28  impair, or invalidate the remainder thereof, but shall  be  confined  in
    29  its  operation  to the clause, sentence, paragraph, subdivision, section
    30  or part thereof directly involved in the controversy in which such judg-
    31  ment shall have been rendered. It is hereby declared to be the intent of
    32  the legislature that this act would  have  been  enacted  even  if  such
    33  invalid provisions had not been included herein.
    34    §  3.  This  act shall take effect immediately provided, however, that
    35  the applicable effective date of Parts A through T of this act shall  be
    36  as specifically set forth in the last section of such Parts.