2005-06 Budget - Article 7 Bill s993
STATE OF NEW YORK
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SENATE - ASSEMBLY
January 21, 2005
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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
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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
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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.
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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
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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.
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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
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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,
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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,
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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
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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.