[ ] is old law to be omitted.
LBD12673-02-6
S. 6408--A 2 A. 9008--A
to make loans, in relation to the effectiveness thereof (Part G); to
establish the Transformational Economic Development Infrastructure and
Revitalization Projects act (Part H); to authorize and direct the New
York state energy research and development authority to make a payment
to the general fund of up to $913,000 (Part I); to authorize the New
York state energy research and development authority to finance a
portion of its research, development and demonstration, policy and
planning, and Fuel NY programs, and to finance the department of envi-
ronmental conservation's climate change program, from an assessment on
gas and electric corporations (Part J); to authorize the department of
health to finance certain activities with revenues generated from an
assessment on cable television companies (Part K); to amend the public
service law, in relation to authorizing the department of public
service to increase program efficiencies (Part L); to amend chapter 21
of the laws of 2003, amending the executive law, relating to permit-
ting the secretary of state to provide special handling for all docu-
ments filed or issued by the division of corporations and to permit
additional levels of such expedited service, in relation to extending
the expiration date thereof (Part M); to amend the business corpo-
ration law, the cooperative corporations law, the executive law, the
general associations law, the general business law, the limited
liability company law, the not-for-profit corporation law, the part-
nership law, the private housing finance law, the real property law
and the tax law, in relation to streamlining the process by which
service of process is served against a corporate or other entity with
the secretary of state; and to repeal certain provisions of the real
property law relating thereto (Part N); to amend the general business
law, the tax law, and the alcoholic beverage control law, in relation
to authorized combative sports and to the costs of boxer medical exam-
inations; and to repeal chapter 912 of the laws of 1920, relating to
the regulation of boxing, sparring, and wrestling (Part O); to amend
chapter 584 of the laws of 2011, amending the public authorities law
relating to the powers and duties of the dormitory authority of the
state of New York relative to the establishment of subsidiaries for
certain purposes in relation to the effectiveness thereof (Part P); to
amend the public authorities law, the canal law, the state finance
law, the public officers law, the transportation law, and the parks,
recreation and historic preservation law, in relation to eliminating
the canal corporation; and to repeal certain provisions of the public
authorities law and the public officers law relating thereto (Part Q);
to establish the private activity bond allocation act of 2016; to
amend the public authorities law in relation to the powers, functions
and duties of the New York state public authorities control board; and
to repeal the private activity bond allocation act of 2014 (Part R);
to amend the New York state urban development corporation act, in
relation to transferring the statutory authority for the promulgation
of marketing orders from the department of agriculture and markets to
the New York state urban development corporation; to repeal certain
provisions of the agriculture and markets law relating to the market-
ing of agricultural products; and providing for the repeal of such
provisions upon expiration thereof (Part S); to amend the environ-
mental conservation law, in relation to mandatory tire acceptance
(Part T); to amend the state finance law, in relation to creating a
new climate change mitigation and adaptation account in the environ-
mental protection fund; to amend the environmental conservation law,
in relation to local waterfront revitalization programs; and to amend
S. 6408--A 3 A. 9008--A
the executive law, in relation to payments for local waterfront revi-
talization programs (Part U); and to amend the navigation law, in
relation to the authorized reimbursement rate paid to governmental
entities (Part V)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2016-2017
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through V. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. This act shall be known as the "Metropolitan Transportation
Authority (MTA) Capital Financing Act of 2016". This act commits the
state of New York (state) and the city of New York (city) to fund, over
a multi-year period, $10,828,000,000 in capital costs related to
projects contained in the MTA's 2015-2019 capital program (capital
program). The state share of $8,336,000,000 shall consist of
$1,000,000,000 in appropriations first enacted in the 2015-2016 state
budget and additional funds sufficient for MTA to pay $7,336,000,000 of
capital costs as provided herein. The city share of $2,492,000,000 shall
consist of $657,000,000 to be provided by the city from 2015 through
2019, and additional funds sufficient for MTA to pay $1,835,000,000 of
capital costs for the capital program. The $7,336,000,000 of additional
funds to be provided by the state may be used by the MTA to pay direct
capital costs and/or the state may fund such $7,336,000,000 of capital
costs through financing mechanisms undertaken by the MTA.
S 2. (a) The additional funds provided by the state pursuant to
section one of this act shall be scheduled and made available to pay for
the costs of the capital program after MTA capital resources planned for
the capital program, not including additional city and state funds, have
been exhausted, or when MTA capital resources planned for the capital
program are not available. It is anticipated that state funds shall be
required by, and provided to, the MTA in an amount to support
$1,500,000,000 of capital costs in the first year in which planned MTA
capital resources are exhausted; $2,600,000,000 in the second year;
$1,840,000,000 in the third year and $1,396,000,000 in the fourth year
or thereafter.
(b) Such funds may be provided to the MTA through direct payments from
the state and/or financing mechanisms undertaken by the MTA utilizing
aid paid by the state on a schedule sufficient to support the capital
costs outlined in this act. The director of the budget (director) shall
annually determine the level of funding required to meet the state's
commitment and recommend such amounts for inclusion in the executive
budget. In making such determination, the director shall consider the
S. 6408--A 4 A. 9008--A
availability of MTA capital resources planned for the capital program,
the current progress and timing of the MTA capital program, the financ-
ing mechanisms employed by the MTA, if any, and any other pertinent
factors.
(c) State funding amounts, whether direct or in support of a financing
mechanism undertaken by the MTA, shall be subject to appropriation with-
in applicable annual state budgets; provided, however, that in the event
the state does not appropriate the full amount of the funding required
pursuant to this act in any year, such action shall not reduce the
commitment of the state to fund the full state share specified in
section one of this act, with the state fulfilling its aggregate commit-
ment in this act no later than state fiscal year 2025-2026 or by the
completion of the capital program. In the event that the MTA has
exhausted all currently available sources of funding, the MTA may, with
the approval of the director, issue anticipation notes or other obli-
gations secured solely by the additional funds specified in subdivision
(a) of this section and shall provide for capitalized interest thereon.
S 3. In order to annually determine the adequacy and pace of the level
of state funding in support of the MTA's capital program, and to gauge
the availability of MTA capital resources planned for the capital
program, the director may request, and the MTA shall provide, periodic
reports on the MTA's capital programs and financial activities in a form
and on a schedule prescribed by the director.
S 4. Subdivision 12 of section 1269 of the public authorities law, as
amended by section 1 of part E of chapter 58 of the laws of 2012, is
amended to read as follows:
12. The aggregate principal amount of bonds, notes or other obli-
gations issued after the first day of January, nineteen hundred ninety-
three by the authority, the Triborough bridge and tunnel authority and
the New York city transit authority to fund projects contained in capi-
tal program plans approved pursuant to section twelve hundred sixty-
nine-b of this title for the period nineteen hundred ninety-two through
two thousand [fourteen] NINETEEN shall not exceed [thirty-seven] FIFTY-
FIVE billion [two hundred eleven] FOUR HUNDRED NINETY-SEVEN million
dollars [prior to January one, two thousand thirteen; shall not exceed
thirty-nine billion five hundred forty-four million prior to January
one, two thousand fourteen; and shall not exceed forty-one billion eight
hundred seventy-seven million dollars thereafter]. Such aggregate prin-
cipal amount of bonds, notes or other obligations or the expenditure
thereof shall not be subject to any limitation contained in any other
provision of law on the principal amount of bonds, notes or other obli-
gations or the expenditure thereof applicable to the authority, the
Triborough bridge and tunnel authority or the New York city transit
authority. The aggregate limitation established by this subdivision
shall not include (i) obligations issued to refund, redeem or otherwise
repay, including by purchase or tender, obligations theretofore issued
either by the issuer of such refunding obligations or by the authority,
the New York city transit authority or the Triborough bridge and tunnel
authority, (ii) obligations issued to fund any debt service or other
reserve funds for such obligations, (iii) obligations issued or incurred
to fund the costs of issuance, the payment of amounts required under
bond and note facilities, federal or other governmental loans, security
or credit arrangements or other agreements related thereto and the
payment of other financing, ORIGINAL ISSUE PREMIUMS and related costs
associated with such obligations, (iv) an amount equal to any original
issue discount from the principal amount of such obligations or to fund
S. 6408--A 5 A. 9008--A
capitalized interest, (v) obligations incurred pursuant to section
twelve hundred seven-m of this article, (vi) obligations incurred to
fund the acquisition of certain buses for the New York city transit
authority as identified in a capital program plan approved pursuant to
chapter fifty-three of the laws of nineteen hundred ninety-two, (vii)
obligations incurred in connection with the leasing, selling or trans-
ferring of equipment, and (viii) bond anticipation notes or other obli-
gations payable solely from the proceeds of other bonds, notes or other
obligations which would be included in the aggregate principal amount
specified in the first sentence of this subdivision, whether or not
additionally secured by revenues of the authority, or any of its subsid-
iary corporations, New York city transit authority, or any of its
subsidiary corporations, or Triborough bridge and tunnel authority.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.
PART B
Section 1. Subdivision 7 of section 1209 of the public authorities
law, as amended by chapter 334 of the laws of 2001, is amended to read
as follows:
7. (a) Except as otherwise provided in this section, all purchase
contracts for supplies, materials or equipment involving an estimated
expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and all
contracts for public work involving an estimated expenditure in excess
of [twenty-five] ONE HUNDRED thousand dollars shall be awarded by the
authority to the lowest responsible bidder after obtaining sealed bids
in the manner hereinafter set forth. The aforesaid shall not apply to
contracts for personal, architectural, engineering or other professional
services. The authority may reject all bids and obtain new bids in the
manner provided by this section when it is deemed in the public interest
to do so or, in cases where two or more responsible bidders submit iden-
tical bids which are the lowest bids, award the contract to any of such
bidders or obtain new bids from such bidders. Nothing herein shall obli-
gate the authority to seek new bids after the rejection of bids or after
cancellation of an invitation to bid. Nothing in this section shall
prohibit the evaluation of bids on the basis of costs or savings includ-
ing life cycle costs of the item to be purchased, discounts, and
inspection services so long as the invitation to bid reasonably sets
forth the criteria to be used in evaluating such costs or savings. Life
cycle costs may include but shall not be limited to costs or savings
associated with installation, energy use, maintenance, operation and
salvage or disposal.
(b) Section twenty-eight hundred seventy-nine of this chapter shall
apply to the authority's acquisition of goods or services of any kind,
in the actual or estimated amount of fifteen thousand dollars or more,
provided that (I) a contract for [personal] services in the actual or
estimated amount of less than [twenty] ONE HUNDRED thousand dollars
shall not require approval by the board of the authority regardless of
the length of the period over which the services are rendered, and
provided further that a contract for [personal] services in the actual
or estimated amount of [twenty] ONE HUNDRED thousand dollars or more
shall require approval by the board of the authority regardless of the
length of the period over which the services are rendered UNLESS SUCH A
CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING
SEALED BIDS AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT
S. 6408--A 6 A. 9008--A
GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS
CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU-
ANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A
OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY-
CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND
DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD
APPROVAL.
S 2. Paragraph (a) of subdivision 8 of section 1209 of the public
authorities law, as amended by chapter 725 of the laws of 1993, is
amended to read as follows:
(a) Advertisement for bids, when required by this section, shall be
published [at least once in a newspaper of general circulation in the
area served by the authority and] in the procurement opportunities news-
letter published pursuant to article four-C of the economic development
law provided that, notwithstanding the provisions of article four-C of
the economic development law, an advertisement shall only be required
when required by this section. Publication [in a newspaper of general
circulation in the area served or] in the procurement opportunities
newsletter shall not be required if bids for contracts for supplies,
materials or equipment are of a type regularly purchased by the authori-
ty and are to be solicited from a list of potential suppliers, if such
list is or has been developed consistent with the provisions of subdivi-
sion eleven of this section. Any such advertisement shall contain a
statement of: (i) the time and place where bids received pursuant to any
notice requesting sealed bids will be publicly opened and read; (ii) the
name of the contracting agency; (iii) the contract identification
number; (iv) a brief description of the public work, supplies, materi-
als, or equipment sought, the location where work is to be performed,
goods are to be delivered or services provided and the contract term;
(v) the address where bids or proposals are to be submitted; (vi) the
date when bids or proposals are due; (vii) a description of any eligi-
bility or qualification requirement or preference; (viii) a statement as
to whether the contract requirements may be fulfilled by a subcontract-
ing, joint venture, or co-production arrangement; (ix) any other infor-
mation deemed useful to potential contractors; and (x) the name,
address, and telephone number of the person to be contacted for addi-
tional information. At least fifteen business days shall elapse between
the first publication of such advertisement or the solicitation of bids,
as the case may be, and the date of opening and reading of bids.
S 3. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph
g of subdivision 9 of section 1209 of the public authorities law,
subparagraph (i) of paragraph f as added by chapter 929 of the laws of
1986, and subparagraph (i) of paragraph g as amended by chapter 725 of
the laws of 1993, are amended to read as follows:
(i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA-
GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority
may award a contract pursuant to this paragraph only after a resolution
approved by a two-thirds vote of its members then in office at a public
meeting of the authority with such resolution (A) disclosing the other
proposers and the substance of their proposals, (B) summarizing the
negotiation process including the opportunities, if any, available to
proposers to present and modify their proposals, and (C) setting forth
the criteria upon which the selection was made.
(i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA-
GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority
S. 6408--A 7 A. 9008--A
may award a contract pursuant to this paragraph only after a resolution
approved by a vote of not less than two-thirds of its members then in
office at a public meeting of the authority with such resolution (A)
disclosing the other proposers and the substance of their proposals, (B)
summarizing the negotiation process including the opportunities, if any,
available to proposers to present and modify their proposals, and (C)
setting forth the criteria upon which the selection was made.
S 4. Subdivision 13 of section 1209 of the public authorities law, is
renumbered subdivision 15 and two new subdivisions 13 and 14 are added
to read as follows:
13. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORI-
TY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM THAT MAY INFORM
BIDDERS WHETHER THEIR BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO
SUBMIT NEW BIDS BEFORE THE DATE AND TIME ASSIGNED FOR THE OPENING OF
BIDS. SUCH PROCEDURE SHALL NOT CONSTITUTE DISCLOSURE OF BIDS IN
VIOLATION OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
14. WHENEVER THE COMPTROLLER, PURSUANT TO SUBDIVISION ONE OF SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THIS CHAPTER:
(A) INTENDS TO SUBJECT TO HIS OR HER APPROVAL A CONTRACT OR CONTRACT
AMENDMENT TO BE AWARDED BY THE AUTHORITY PURSUANT TO THIS SECTION, THE
COMPTROLLER SHALL NOTIFY THE AUTHORITY IN WRITING OF SUCH DETERMINATION
WITHIN FORTY-FIVE DAYS OF HAVING RECEIVED WRITTEN NOTICE OF SUCH
CONTRACT OR CONTRACT AMENDMENT EITHER IN THE AUTHORITY'S ANNUAL REPORT
OR ANY REVISED REPORT;
(B) HAS NOTIFIED THE AUTHORITY IN WRITING THAT ANY CONTRACT OR
CONTRACT AMENDMENT AWARDED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO
HIS OR HER APPROVAL, SUCH CONTRACT OR CONTRACT AMENDMENT SHALL BECOME
VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL IF THE COMPTROLLER HAS NOT
APPROVED OR DISAPPROVED SUCH CONTRACT OR CONTRACT AMENDMENT WITHIN
FORTY-FIVE DAYS OF SUBMISSION TO HIS OR HER OFFICE.
S 5. Subdivision 7 of section 1265 of the public authorities law, as
added by chapter 324 of the laws of 1965, is amended to read as follows:
7. To acquire, hold and dispose of real or personal property in the
exercise of its powers[;], INCLUDING, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE POWER TO DISPOSE OF PERSONAL PROPERTY BY PUBLIC
AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY. SUCH
GUIDELINES SHALL PROVIDE FOR ADVERTISING AND SUCH OTHER SAFEGUARDS AS
THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST.
S 6. Subdivision 3 of section 1204 of the public authorities law, as
amended by chapter 980 of the laws of 1958, is amended to read as
follows:
3. To acquire, hold, use and dispose of equipment, devices and
appurtenances, and other property for its corporate purposes, INCLUDING,
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE POWER TO DISPOSE OF
PERSONAL PROPERTY BY PUBLIC AUCTION IN ACCORDANCE WITH GUIDELINES
ADOPTED BY THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-FIVE OF THIS ARTICLE.
S 7. Subdivision 3 of section 553 of the public authorities law, is
amended to read as follows:
3. To acquire, hold and dispose of personal property for its corporate
purposes[;], INCLUDING, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
POWER TO DISPOSE OF PERSONAL PROPERTY BY PUBLIC AUCTION IN ACCORDANCE
WITH GUIDELINES ADOPTED BY THE AUTHORITY. SUCH GUIDELINES SHALL PROVIDE
FOR ADVERTISING AND SUCH OTHER SAFEGUARDS AS THE AUTHORITY MAY DEEM
APPROPRIATE IN THE PUBLIC INTEREST.
S. 6408--A 8 A. 9008--A
S 8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the
public authorities law, as amended by chapter 334 of the laws of 2001,
are amended to read as follows:
(a) Except as otherwise provided in this section, all purchase
contracts for supplies, materials or equipment involving an estimated
expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and all
contracts for public work involving an estimated expenditure in excess
of [twenty-five] ONE HUNDRED thousand dollars shall be awarded by the
authority to the lowest responsible bidder after obtaining sealed bids
in the manner hereinafter set forth. For purposes hereof, contracts for
public work shall exclude contracts for personal, engineering and archi-
tectural, or professional services. The authority may reject all bids
and obtain new bids in the manner provided by this section when it is
deemed in the public interest to do so or, in cases where two or more
responsible bidders submit identical bids which are the lowest bids,
award the contract to any of such bidders or obtain new bids from such
bidders. Nothing herein shall obligate the authority to seek new bids
after the rejection of bids or after cancellation of an invitation to
bid. Nothing in this section shall prohibit the evaluation of bids on
the basis of costs or savings including life cycle costs of the item to
be purchased, discounts, and inspection services so long as the invita-
tion to bid reasonably sets forth the criteria to be used in evaluating
such costs or savings. Life cycle costs may include but shall not be
limited to costs or savings associated with installation, energy use,
maintenance, operation and salvage or disposal.
(b) Section twenty-eight hundred seventy-nine of this chapter shall
apply to the authority's acquisition of goods or services of any kind,
in the actual or estimated amount of fifteen thousand dollars or more,
provided (I) that a contract for [personal] services in the actual or
estimated amount of less than [twenty] ONE HUNDRED thousand dollars
shall not require approval by the board of the authority regardless of
the length of the period over which the services are rendered, and
provided further that a contract for [personal] services in the actual
or estimated amount of [twenty] ONE HUNDRED thousand dollars or more
shall require approval by the board of the authority regardless of the
length of the period over which the services are rendered UNLESS SUCH A
CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING
SEALED BIDS, AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT
GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS
CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU-
ANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A
OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY-
CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND
DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD
APPROVAL.
S 9. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph
g of subdivision 4 of section 1265-a of the public authorities law,
subparagraph (i) of paragraph f as added by chapter 929 of the laws of
1986, and subparagraph (i) of paragraph g as amended by chapter 256 of
the laws of 1998, are amended to read as follows:
(i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA-
GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority
may award a contract pursuant to this paragraph only after a resolution
approved by a two-thirds vote of its members then in office at a public
meeting of the authority with such resolution (A) disclosing the other
S. 6408--A 9 A. 9008--A
proposers and the substance of their proposals, (B) summarizing the
negotiation process including the opportunities, if any, available to
proposers to present and modify their proposals, and (C) setting forth
the criteria upon which the selection was made.
(i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA-
GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority
may award a contract pursuant to this paragraph only after a resolution
approved by a vote of not less than a two-thirds vote of its members
then in office at a public meeting of the authority with such resolution
(A) disclosing the other proposers and the substance of their proposals,
(B) summarizing the negotiation process including the opportunities, if
any, available to proposers to present and modify their proposals, and
(C) setting forth the criteria upon which the selection was made.
S 10. Paragraph (a) of subdivision 3 of section 1265-a of the public
authorities law, as amended by chapter 494 of the laws of 1990, is
amended to read as follows:
(a) Advertisement for bids, when required by this section, shall be
published [at least once in a newspaper of general circulation in the
area served by the authority and] in the procurement opportunities news-
letter published pursuant to article four-C of the economic development
law provided that, notwithstanding the provisions of article four-C of
the economic development law, an advertisement shall only be required
for a purchase contract for supplies, materials or equipment when
required by this section. Publication [in a newspaper of general circu-
lation in the area served or] in the procurement opportunities newslet-
ter shall not be required if bids for contracts for supplies, materials
or equipment are of a type regularly purchased by the authority and are
to be solicited from a list of potential suppliers, if such list is or
has been developed consistent with the provisions of subdivision six of
this section. Any such advertisement shall contain a statement of: (i)
the time and place where bids received pursuant to any notice requesting
sealed bids will be publicly opened and read; (ii) the name of the
contracting agency; (iii) the contract identification number; (iv) a
brief description of the public work, supplies, materials, or equipment
sought, the location where work is to be performed, goods are to be
delivered or services provided and the contract term; (v) the address
where bids or proposals are to be submitted; (vi) the date when bids or
proposals are due; (vii) a description of any eligibility or qualifica-
tion requirement or preference; (viii) a statement as to whether the
contract requirements may be fulfilled by a subcontracting, joint
venture, or co-production arrangement; (ix) any other information deemed
useful to potential contractors; and (x) the name, address, and tele-
phone number of the person to be contacted for additional information.
At least fifteen business days shall elapse between the first publica-
tion of such advertisement or the solicitation of bids, as the case may
be, and the date of opening and reading of bids.
S 11. Subdivision 8 of section 1265-a of the public authorities law is
renumbered subdivision 10 and two new subdivisions 8 and 9 are added to
read as follows:
8. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORITY
SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM THAT MAY INFORM
BIDDERS WHETHER THEIR BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO
SUBMIT NEW BIDS BEFORE THE DATE AND TIME ASSIGNED FOR THE OPENING OF
BIDS. SUCH PROCEDURE SHALL NOT CONSTITUTE DISCLOSURE OF BIDS IN
VIOLATION OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
S. 6408--A 10 A. 9008--A
9. WHENEVER THE COMPTROLLER, PURSUANT TO SUBDIVISION ONE OF SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THIS CHAPTER:
(A) INTENDS TO SUBJECT TO HIS OR HER APPROVAL A CONTRACT OR CONTRACT
AMENDMENT TO BE AWARDED BY THE AUTHORITY PURSUANT TO THIS SECTION, THE
COMPTROLLER SHALL NOTIFY THE AUTHORITY IN WRITING OF SUCH DETERMINATION
WITHIN FORTY-FIVE DAYS OF HAVING RECEIVED WRITTEN NOTICE OF SUCH
CONTRACT OR CONTRACT AMENDMENT EITHER IN THE AUTHORITY'S ANNUAL REPORT
OR ANY REVISED REPORT;
(B) HAS NOTIFIED THE AUTHORITY IN WRITING THAT ANY CONTRACT OR
CONTRACT AMENDMENT AWARDED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO
HIS OR HER APPROVAL, SUCH CONTRACT OR CONTRACT AMENDMENT SHALL BECOME
VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL IF THE COMPTROLLER HAS NOT
APPROVED OR DISAPPROVED SUCH CONTRACT OR CONTRACT AMENDMENT WITHIN
FORTY-FIVE DAYS OF SUBMISSION TO HIS OR HER OFFICE.
S 12. Section 553 of the public authorities law is amended by adding a
new subdivision 22 to read as follows:
22. SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER SHALL
APPLY TO THE AUTHORITY'S ACQUISITION OF GOODS OR SERVICES OF ANY KIND,
IN THE ACTUAL OR ESTIMATED AMOUNT OF FIFTEEN THOUSAND DOLLARS OR MORE,
PROVIDED THAT (I) A CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED
AMOUNT OF LESS THAN ONE HUNDRED THOUSAND DOLLARS SHALL NOT REQUIRE
APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH OF THE
PERIOD OVER WHICH THE SERVICES ARE RENDERED, AND PROVIDED FURTHER THAT A
CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF ONE HUNDRED
THOUSAND DOLLARS OR MORE SHALL REQUIRE APPROVAL BY THE BOARD OF THE
AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH THE SERVICES
ARE RENDERED UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE
BIDDER AFTER OBTAINING SEALED BIDS AND (II) THE BOARD OF THE AUTHORITY
MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS
TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES
CERTIFIED PURSUANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTI-
CLE FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY
THAT ARE RECYCLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR
HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITH-
OUT FURTHER BOARD APPROVAL.
S 13. Paragraph (f) of subdivision 3 of section 2879-a of the public
authorities law, as added by chapter 506 of the laws of 2009, is amended
to read as follows:
(f) contracts for the sale or delivery of power or energy and costs
and services ancillary thereto for economic development purposes pursu-
ant to title one of article five of this chapter or article six of the
economic development law, provided, however, that the authority shall
file copies of any such contract with the comptroller within sixty days
after the execution of such contract; AND (G) CONTRACTS ENTERED INTO BY
THE METROPOLITAN TRANSPORTATION AUTHORITY OR THE NEW YORK CITY TRANSIT
AUTHORITY THAT ARE: I. AWARDED PURSUANT TO SECTION ONE THOUSAND TWO
HUNDRED NINE OR SECTION ONE THOUSAND TWO HUNDRED SIXTY-FIVE-A OF THIS
CHAPTER BY A METHOD OF PROCUREMENT THAT IS COMPETITIVE; OR II. FOR A
TRANSFER OF TITLE OR ANY OTHER BENEFICIAL INTEREST IN REAL PROPERTY OF
SUCH AN AUTHORITY BY SALE, EXCHANGE OR TRANSFER, FOR CASH, CREDIT, OR
OTHER PROPERTY, WITH OR WITHOUT WARRANTY.
S 14. Subparagraph (B) of paragraph 2 of subsection (a) of section
2504 of the insurance law is amended to read as follows:
(B) the city of New York, a public corporation or public authority, in
connection with the construction of electrical generating and trans-
S. 6408--A 11 A. 9008--A
mission facilities or construction, extensions and additions of light
rail or heavy rail rapid transit and commuter railroads, OR BRIDGE,
TUNNEL OR OMNIBUS FACILITIES.
S 15. This act shall take effect immediately.
PART C
Section 1. Subdivisions 2 and 3 of section 1204-d of the public
authorities law, as added by chapter 530 of the laws of 2006, are
amended and a new subdivision 1-a is added to read as follows:
1-A. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY
MAY DETERMINE NECESSARY, CONVENIENT OR DESIRABLE ENTER INTO ANY JOINT
ARRANGEMENT AS DEFINED IN SUBDIVISION NINE-A OF SECTION TWELVE HUNDRED
SIXTY-ONE OF THIS CHAPTER AND MAY EXERCISE ALL OF ITS POWERS IN
CONNECTION WITH ANY JOINT ARRANGEMENT.
2. Any such joint service arrangement OR JOINT ARRANGEMENT shall be
authorized only by resolution of the authority approved by not less than
a majority vote of the whole number of members of the board of the
authority then in office, except that in the event of a tie vote the
chairman shall cast one additional vote.
3. All general powers of the authority shall be applicable to joint
service arrangements AND JOINT ARRANGEMENTS. THE AUTHORITY SHALL ALSO
HAVE ALL OF THE POWERS OF THE METROPOLITAN TRANSPORTATION AUTHORITY AS
SET FORTH IN SECTION TWELVE HUNDRED SIXTY-SIX-I OF THIS CHAPTER.
S 2. Section 1261 of the public authorities law is amended by adding
two new subdivisions 9-a and 18-a to read as follows:
9-A. "JOINT ARRANGEMENT" SHALL MEAN AN ARRANGEMENT, INCLUDING A PUBL-
IC-PRIVATE PARTNERSHIP, BETWEEN OR AMONG THE AUTHORITY, ITS SUBSID-
IARIES, NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY, AND ANY
OTHER PARTY OR PARTIES, INCLUDING PUBLIC ENTITIES AND PRIVATE ENTITIES,
ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY, ANY OF ITS SUBSIDIARIES,
NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, DEEMS NECESSARY OR
APPROPRIATE, IN THE FORM OF A CONTRACT, CONCESSION, LICENSE, LEASE,
ALLIANCE, JOINT VENTURE, CORPORATION, INCLUDING A LIMITED LIABILITY
CORPORATION, A PARTNERSHIP, OR OTHER ARRANGEMENT, IN SUPPORT OF, ASSOCI-
ATED WITH, DERIVATIVE FROM, OR INCIDENTAL TO, THE PLANNING, ACQUISITION,
DESIGN, ESTABLISHMENT, CONSTRUCTION, REHABILITATION, RECONSTRUCTION,
IMPROVEMENT, EXTENSION, RENEWAL, REPAIR, OPERATION, MAINTENANCE, DEVEL-
OPMENT OR FINANCING OF TRANSPORTATION IN WHOLE OR IN PART IN OR UPON ONE
OR MORE TRANSPORTATION FACILITIES LOCATED IN WHOLE OR IN PART WITHIN THE
DISTRICT INCLUDING WITHOUT LIMITATION, AGREEMENTS RELATING TO INTERMODAL
AND SHARED FACILITIES, THE DISTRIBUTION OF FARE AND TOLL PAYMENT MEDIA
AND ELECTRONIC PAYMENT DEVICES, OR THE COLLECTION OF FARES, TOLLS AND
OTHER CHARGES.
18-A. "TRANSPORTATION PURPOSE" SHALL MEAN A PURPOSE THAT DIRECTLY OR
INDIRECTLY SUPPORTS ALL OR ANY OF THE MISSIONS OR PURPOSES OF THE
AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR
ITS SUBSIDIARY, INCLUDING THE PRODUCTION OF REVENUES AVAILABLE FOR THE
COSTS AND EXPENSES OF ALL OR ANY TRANSPORTATION FACILITIES.
S 3. Subdivisions 3, 6, 8, and 11 of section 1266 of the public
authorities law, subdivision 3 as amended and subdivision 11 as added by
chapter 314 of the laws of 1981, and subdivisions 6 and 8 as amended by
section 23 of part O of chapter 61 of the laws of 2000, are amended and
three new subdivisions 2-a, 12-a and 19 are added to read as follows:
2-A. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE
AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR
S. 6408--A 12 A. 9008--A
ITS SUBSIDIARY, MAY ON SUCH TERMS AND CONDITIONS AS THEY MAY DETERMINE
NECESSARY, CONVENIENT OR DESIRABLE ENTER INTO ANY JOINT ARRANGEMENT AS
HEREINAFTER PROVIDED AND MAY EXERCISE ALL OF ITS POWERS IN CONNECTION
WITH ANY JOINT ARRANGEMENT. ANY JOINT ARRANGEMENT SHALL BE AUTHORIZED
ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY
VOTE OF THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN OFFICE,
EXCEPT THAT IN THE EVENT OF A TIE VOTE THE CHAIRMAN SHALL CAST ONE ADDI-
TIONAL VOTE.
3. The authority may establish, levy and collect or cause to be estab-
lished, levied and collected and, in the case of a joint service
arrangement OR A JOINT ARRANGEMENT, join with others in the establish-
ment, levy and collection of such fares, tolls, rentals, rates, charges
and other fees as it may deem necessary, convenient or desirable for the
use and operation of any transportation facility and related services OR
ACTIVITIES (A) operated by the authority or by a subsidiary corporation
of the authority or under contract, lease or other arrangement, includ-
ing joint service arrangements OR JOINT ARRANGEMENTS, with the authority
OR A SUBSIDIARY CORPORATION OF THE AUTHORITY; OR (B) OPERATED BY NEW
YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY IN CONNECTION WITH A JOINT
ARRANGEMENT INVOLVING ANY TRANSPORTATION FACILITIES OF NEW YORK CITY
TRANSIT AUTHORITY OR ITS SUBSIDIARY. THE AUTHORITY MAY ALSO ENTER INTO
A JOINT ARRANGEMENT WITH AN ENTITY HAVING THE POWER TO ESTABLISH, LEVY
AND COLLECT TAXES AND ASSESSMENTS, WHICH JOINT ARRANGEMENT MAY USE SUCH
ENTITY'S POWER TO ESTABLISH, LEVY AND COLLECT TAXES AND ASSESSMENTS FOR
THE BENEFIT OF SUCH JOINT ARRANGEMENT, AS SUCH JOINT ARRANGEMENT MAY
DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
TRANSPORTATION FACILITY AND RELATED SERVICES OR ACTIVITIES OPERATED BY
THE AUTHORITY, A SUBSIDIARY CORPORATION OF THE AUTHORITY, NEW YORK CITY
TRANSIT AUTHORITY OR ITS SUBSIDIARY OR UNDER CONTRACT, LEASE OR OTHER
ARRANGEMENT. Any such fares, tolls, rentals, rates, TAXES, ASSESSMENTS,
charges or other fees for the transportation of passengers shall be
established and changed only if approved by resolution of the authority
adopted by not less than a majority vote of the whole number of members
of the authority then in office, with the chairman having one additional
vote in the event of a tie vote, and only after a public hearing,
provided however, that fares, tolls, rentals, rates, TAXES, ASSESSMENTS,
charges or other fees for the transportation of passengers on any trans-
portation facility which are in effect at the time that the then owner
of such transportation facility becomes a subsidiary corporation of the
authority or at the time that operation of such transportation facility
is commenced by the authority or is commenced under contract, lease or
other arrangement, including joint service arrangements OR JOINT
ARRANGEMENTS, with the authority OR WHICH HAVE BEEN ESTABLISHED BY THE
NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY CORPORATIONS AND ARE
IN EFFECT ON THE DATE THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN
THAT AMENDED THIS SUBDIVISION TAKES EFFECT may be continued in effect
without such a hearing. Such fares, tolls, rentals, rates, TAXES,
ASSESSMENTS, charges and other fees shall be established as may in the
judgment of the authority be necessary to maintain the combined oper-
ations of the authority and its subsidiary corporations on a self-sus-
taining basis. The said operations shall be deemed to be on a self-sus-
taining basis as required by this title, when the authority is able to
pay or cause to be paid from revenue and any other funds or property
actually available to the authority and its subsidiary corporations (a)
as the same shall become due, the principal of and interest on the bonds
and notes and other obligations of the authority and of such subsidiary
S. 6408--A 13 A. 9008--A
corporations, together with the maintenance of [proper] reserves, IF
ANY, therefor, (b) the cost and expense of keeping the properties and
assets of the authority and its subsidiary corporations in good condi-
tion and repair, and (c) the capital and operating expenses of the
authority and its subsidiary corporations. The authority may contract
with the holders of bonds [and] , notes AND OTHER OBLIGATIONS with
respect to the exercise of the powers authorized by this section. No
acts or activities taken or proposed to be taken by the authority or any
subsidiary of the authority pursuant to the provisions of this subdivi-
sion shall be deemed to be "actions" for the purposes or within the
meaning of article eight of the environmental conservation law.
6. Each of the authority and its subsidiaries, and the New York city
transit authority and its subsidiaries, in its own name or in the name
of the state, may apply for and receive and accept grants of property,
money and services and other assistance offered or made available to it
by any person, government or agency, INCLUDING SUCH GRANTS OR OTHER
ASSISTANCE OFFERED OR MADE AVAILABLE TO IT UNDER A JOINT SERVICE
ARRANGEMENT OR A JOINT ARRANGEMENT, which it may use to meet capital or
operating expenses and for any other use within the scope of its powers,
and to negotiate for the same upon such terms and conditions as the
respective authority may determine to be necessary, convenient or desir-
able.
8. The authority may do all things it deems necessary, convenient or
desirable to manage, control and direct the maintenance and operation of
transportation facilities, equipment or real property operated by or
under contract, lease or other arrangement with the authority and its
subsidiaries, and New York city transit authority and its subsidiaries.
[Except as hereinafter specially provided, no] NO municipality or poli-
tical subdivision, including but not limited to a county, city, village,
town or school or other district shall have jurisdiction over any facil-
ities of the authority and its subsidiaries, and New York city transit
authority and its subsidiaries, or any of their activities or operations
EXCEPT WITH THE EXPRESS CONSENT OF THE AUTHORITY OR ONE OF ITS SUBSID-
IARIES OR THE NEW YORK CITY TRANSIT AUTHORITY OR ONE OF ITS
SUBSIDIARIES. [The local] LOCAL laws, resolutions, ordinances, rules and
regulations of a municipality or political subdivision, heretofore or
hereafter adopted, [conflicting with this title or any rule or regu-
lation of the authority or its subsidiaries, or New York city transit
authority or its subsidiaries,] shall not be applicable to the activ-
ities or operations of the authority and its subsidiaries, and New York
city transit authority, or the facilities of the authority and its
subsidiaries, and New York city transit authority and its subsidiaries,
except such ACTIVITIES OR OPERATIONS OR facilities that are devoted
SOLELY AND ENTIRELY to [purposes] A PURPOSE other than A transportation
or transit [purposes] PURPOSE, WHICH TRANSPORTATION OR TRANSIT PURPOSE
MAY BE THE PRODUCTION OF REVENUE AVAILABLE FOR THE COSTS AND EXPENSES OF
ALL OR ANY ACTIVITIES OR OPERATIONS OR FACILITIES OF THE AUTHORITY AND
ITS SUBSIDIARIES, AND NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSID-
IARIES. Each municipality or political subdivision, including but not
limited to a county, city, village, town or district in which any facil-
ities of the authority or its subsidiaries, or New York city transit
authority or its subsidiaries are located shall provide for such facili-
ties police, fire and health protection services of the same character
and to the same extent as those provided for residents of such munici-
pality or political subdivision.
S. 6408--A 14 A. 9008--A
The jurisdiction, supervision, powers and duties of the department of
transportation of the state under the transportation law shall not
extend to the authority in the exercise of any of its powers under this
title. The authority may agree with such department for the execution by
such department of any grade crossing elimination project or any grade
crossing separation reconstruction project along any railroad facility
operated by the authority or by one of its subsidiary corporations or
under contract, lease or other arrangement with the authority. Any such
project shall be executed as provided in article ten of the transporta-
tion law and the railroad law, respectively, and the costs of any such
project shall be borne as provided in such laws, except that the author-
ity's share of such costs shall be borne by the state.
11. No project to be constructed upon real property theretofore used
for a transportation purpose, or on an insubstantial addition to such
property contiguous OR ADJACENT AND RELATED thereto, which will not
change in a material respect the general character of such prior trans-
portation use, nor any acts or activities in connection with such
project, shall be subject to the provisions of article eight, nineteen,
twenty-four or twenty-five of the environmental conservation law, or to
any local law or ordinance adopted pursuant to any such article. Nor
shall any acts or activities taken or proposed to be taken by the
authority or by any other person or entity, public or private, in
connection with the planning, design, acquisition, improvement,
construction, reconstruction or rehabilitation of a transportation
facility, other than a marine or aviation facility, be subject to the
provisions of article eight of the environmental conservation law, or to
any local law or ordinance adopted pursuant to any such article if such
acts or activities require the preparation of a statement under or
pursuant to any federal law or regulation as to the environmental impact
thereof. NOR SHALL ANY ACQUISITION OR CONDEMNATION OF REAL PROPERTY, OR
ACTS OR ACTIVITIES TAKEN OR PROPOSED TO BE TAKEN ON SUCH REAL PROPERTY,
BE SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT, NINETEEN, TWENTY-FOUR OR
TWENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW, OR TO ANY LOCAL LAW
OR ORDINANCE ADOPTED PURSUANT TO ANY SUCH ARTICLE, WHEN THE AUTHORITY
HAS CERTIFIED TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION THAT SUCH
REAL PROPERTY IS ACQUIRED OR CONDEMNED IN CONNECTION WITH A FUTURE
PROJECT THAT WILL LIKELY CONSTITUTE A CAPITAL ELEMENT AS DEFINED BY
SECTION TWELVE HUNDRED SIXTY-NINE-B OF THIS TITLE, UNTIL SUCH TIME AS
THAT CAPITAL ELEMENT IS INCLUDED IN A CAPITAL PROGRAM PLAN OR UNTIL SUCH
TIME AS THE PROJECT IS OTHERWISE SUBJECT TO THOSE PROVISIONS.
12-A. WHENEVER IN CONNECTION WITH THE IMPROVEMENT, CONSTRUCTION,
RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY, INCLUDING
AS PART OF A JOINT ARRANGEMENT, THE AUTHORITY DETERMINES THAT THE PIPES,
MAINS OR CONDUITS OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES AND
APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO MUST BE REMOVED OR
OTHERWISE PROTECTED OR REPLACED, THE COST OF SUCH REMOVAL, PROTECTION OR
REPLACEMENT WHETHER PERFORMED BY THE AUTHORITY OR THE PUBLIC SERVICE
CORPORATION SHALL BE BORNE SOLELY BY THE PUBLIC SERVICE CORPORATION.
19. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
LAW, CODE, ORDINANCE, RULE OR REGULATION TO THE CONTRARY, THE AUTHORITY,
ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY MAY
ERECT ADVERTISING SIGNS OR DEVICES INCLUDING ILLUMINATED OR DIGITAL
SIGNS OR DEVICES WITHIN OR ON ANY OF ITS TRANSPORTATION FACILITIES AND
MAY INSTALL, MAINTAIN, AND DISPLAY ADVERTISING ON SUCH SIGNS OR DEVICES,
AND MAY RENT, LEASE, LICENSE OR OTHERWISE SELL THE RIGHT TO DO SO TO ANY
PERSON, PRIVATE OR PUBLIC. SUCH ADVERTISING SIGNS OR DEVICES AND THE
S. 6408--A 15 A. 9008--A
PRODUCTION OF REVENUE FROM THEM FOR THE AUTHORITY SHALL BE DEEMED A
TRANSPORTATION PURPOSE AND NEITHER THE AUTHORITY, ITS SUBSIDIARIES, NEW
YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, NOR ANY PERSON, PRIVATE
OR PUBLIC, TO WHOM THE AUTHORITY, ITS SUBSIDIARIES, NEW YORK CITY TRANS-
IT AUTHORITY OR ITS SUBSIDIARY HAS RENTED, LEASED, LICENSED OR OTHERWISE
SOLD THE RIGHT TO INSTALL, MAINTAIN AND DISPLAY SUCH ADVERTISING MAY BE
REQUIRED TO PAY ANY FEES, TAXES OR ASSESSMENTS, WHETHER STATE OR LOCAL,
UPON SUCH ADVERTISING SIGNS OR DEVICES OR THE USE THEREOF OR THE REVENUE
OR INCOME THEREFROM.
S 4. The public authorities law is amended by adding a new section
1266-k to read as follows:
S 1266-K. JOINT ARRANGEMENTS 1. NOTWITHSTANDING ANY PROVISION OF LAW
TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED, IN ADDITION TO ITS OTHER
RIGHTS AND POWERS NOT INCONSISTENT WITH THE PROVISIONS OF THIS TITLE,
TO:
(A) ENTER INTO ANY JOINT ARRANGEMENT;
(B) ACCEPT ANY GIFTS OR ANY APPROPRIATION OR GRANT OF FUNDS OR PROPER-
TY FOR THE PURPOSES OF A JOINT ARRANGEMENT FROM ANY PRIVATE ENTITY OR
PUBLIC ENTITY AND TO COMPLY WITH THE TERMS AND CONDITIONS THEREOF;
(C) ISSUE ITS NOTES OR BONDS, TO FINANCE ALL OR ANY PART OF THE COSTS
OF ANY JOINT ARRANGEMENT;
(D) USE THE AUTHORITY'S EMINENT DOMAIN POWERS, ON SUCH TERMS AND
CONDITIONS AS THE AUTHORITY DEEMS APPROPRIATE, TO ACQUIRE PROPERTY
REQUIRED FOR JOINT ARRANGEMENTS;
(E) TAKE AN EQUITY OR OTHER OWNERSHIP INTEREST IN ANY JOINT ARRANGE-
MENT IN THE FORM OF STOCK OWNERSHIP, PARTNERSHIP INTERESTS OR OTHER
INTERESTS AND MEMBERS OF THE AUTHORITY AND EMPLOYEES OF THE AUTHORITY
SHALL BE PERMITTED TO SERVE ON THE BOARD OF DIRECTORS, MANAGEMENT
COMMITTEE OR OTHER CONTROLLING BODY OF THE JOINT ARRANGEMENT PROVIDED
THAT ANY SUCH APPOINTMENT SHALL HAVE BEEN APPROVED BY A MAJORITY OF THE
WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN OFFICE.
2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
MAY:
(A) ACCEPT, FOLLOWING COMPLIANCE WITH THE PROCEDURE SET FORTH IN THIS
SUBSECTION, PROPOSALS FROM PUBLIC ENTITIES OR PRIVATE ENTITIES FOR JOINT
ARRANGEMENTS.
(I) THE AUTHORITY IS HEREBY AUTHORIZED TO ACCEPT UNSOLICITED PROPOSALS
FOR JOINT ARRANGEMENTS.
(II) AN UNSOLICITED PROPOSAL MUST INCLUDE AT A MINIMUM:
(A) A DESCRIPTION OF THE PROPOSED JOINT ARRANGEMENT, INCLUDING THE
LOCATION, CONCEPTUAL DESIGN, ANY INTERCONNECTION OF SUCH JOINT ARRANGE-
MENT WITH OTHER EXISTING OR PROPOSED TRANSPORTATION FACILITIES, AND THE
BENEFITS TO THE AUTHORITY OF THE JOINT ARRANGEMENT;
(B) THE PROJECTED TOTAL COST AND PLANS FOR FINANCING, INCLUDING SOURC-
ES OF FUNDING, FOR THE JOINT ARRANGEMENT;
(C) THE PROPOSED SCHEDULE FOR THE DEVELOPMENT OF THE PROPOSED JOINT
ARRANGEMENT;
(D) THE MEANS PROPOSED FOR THE PROCUREMENT OF THE PROPERTY INTERESTS
REQUIRED FOR THE PROPOSED JOINT ARRANGEMENT;
(E) INFORMATION RELATING TO THE CONSISTENCY OF THE PROPOSAL WITH THE
CURRENT TRANSPORTATION PLANS OF THE AUTHORITY AND ANY AFFECTED STATE OR
LOCAL JURISDICTION;
(F) A LIST OF PERMITS AND APPROVALS REQUIRED FOR THE IMPLEMENTATION OF
THE PROPOSED JOINT ARRANGEMENT AND A SCHEDULE FOR THE ACQUISITION OF
SUCH PERMITS AND APPROVALS FROM THE APPROPRIATE LOCAL, STATE AND FEDERAL
AGENCIES;
S. 6408--A 16 A. 9008--A
(G) THE AUTHORITY'S PROPOSED ROLE AND RESPONSIBILITIES, INCLUDING ANY
FINANCIAL ASSISTANCE, IN THE DEVELOPMENT OF THE PROPOSED JOINT ARRANGE-
MENT AND IMPLEMENTATION OF THE PROPOSED TRANSPORTATION SERVICE; AND
(H) THE NAME AND ADDRESS OF THE PROPOSER.
(III) AFTER THE RECEIPT OF AN UNSOLICITED PROPOSAL, THE AUTHORITY MAY
REQUIRE SUCH ADDITIONAL INFORMATION FROM THE PROPOSER AS THE AUTHORITY
DEEMS PERTINENT TO THE CONSIDERATION OF THE PROPOSAL.
(IV) AFTER THE RECEIPT OF AN UNSOLICITED PROPOSAL THAT THE AUTHORITY
FINDS (A) TO HAVE FULFILLED THE REQUIREMENTS OF SUBPARAGRAPHS (II) AND
(III) OF THIS PARAGRAPH, (B) TO BE CONSISTENT WITH THE AUTHORITY'S
TRANSPORTATION OBJECTIVES, AND (C) TO BE A CONCEPT THAT THE AUTHORITY
WISHES TO PURSUE, THE AUTHORITY MAY, AFTER CONSULTING WITH THE ENTITY
MAKING THE PROPOSAL, PREPARE AND ISSUE A PUBLIC REQUEST FOR COMPETING
PROPOSALS.
(V) SUCH PUBLIC REQUEST FOR COMPETING PROPOSALS MUST:
(A) DESCRIBE THE UNSOLICITED PROPOSAL IN SUCH A WAY THAT, IN THE
DISCRETION OF THE AUTHORITY, IT FAIRLY SOLICITS COMPETITIVE PROPOSALS
THAT COULD ACHIEVE THE TRANSPORTATION BENEFIT PROPOSED BY THE UNSOLICIT-
ED PROPOSAL;
(B) PROVIDE FOR A PERIOD, NOT TO EXCEED NINETY DAYS, FOR THE INITIAL
SUBMISSION OF COMPETING PROPOSALS; AND
(C) REQUIRE THAT SUCH COMPETING PROPOSALS INCLUDE THE INFORMATION
REQUIRED FOR UNSOLICITED PROPOSALS, AS SET FORTH IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH.
(VI) AFTER RECEIVING ANY SUCH COMPETING PROPOSALS, THE AUTHORITY MAY
REQUIRE SUCH ADDITIONAL INFORMATION FROM ANY PROPOSER AS THE AUTHORITY
DEEMS PERTINENT TO THE CONSIDERATION OF THE APPLICABLE PROPOSAL AND MAY
ALLOW FOR THE SUBMISSION OF ADDITIONAL INFORMATION CONCERNING THE UNSO-
LICITED PROPOSAL OR ANY COMPETING PROPOSAL.
3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
MAY ENTER INTO A JOINT ARRANGEMENT WITH THE PUBLIC ENTITY OR PRIVATE
ENTITY WHICH HAS SUBMITTED THE UNSOLICITED OR SOLICITED PROPOSAL THAT
BEST DEMONSTRATES THE FOLLOWING:
(A) A PUBLIC NEED FOR THE PROPOSED JOINT ARRANGEMENT;
(B) THE PROPOSED JOINT ARRANGEMENT AND THE SCHEDULING OF ITS DEVELOP-
MENT AND IMPLEMENTATION AND ITS CONNECTIONS TO THE EXISTING TRANSPORTA-
TION SYSTEM ARE COMPATIBLE WITH THE TRANSPORTATION PLANS OF THE AUTHORI-
TY AND OF ANY STATE OR LOCAL JURISDICTIONS;
(C) THE ESTIMATED COST OF THE PROPOSED JOINT ARRANGEMENT AND OF DELIV-
ERY OF THE TRANSPORTATION SERVICE IS REASONABLE AND THE EXPENDITURE OF
ANY AUTHORITY FUNDS ON THE FACILITY WOULD PROVIDE A REASONABLE TRANSPOR-
TATION BENEFIT, RELATIVE TO THE ESTIMATED COST;
(D) THE FINANCING OF THE IMPLEMENTATION AND OPERATION OF THE PROPOSED
JOINT ARRANGEMENT IS FEASIBLE; AND
(E) THE PROPOSAL PROVIDES THE BEST VALUE TO THE AUTHORITY AND THE
PROPOSED JOINT ARRANGEMENT SATISFIES ANY OTHER CRITERIA APPLIED BY THE
AUTHORITY IN ASCERTAINING WHETHER IMPLEMENTATION AND OPERATION OF THE
PROPOSED JOINT ARRANGEMENT IS IN THE INTERESTS OF THE AUTHORITY.
4. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE
AUTHORITY TO ACCEPT ANY UNSOLICITED PROPOSAL, MAKE ANY SOLICITATION OR
REQUEST FOR COMPETITIVE PROPOSALS, OR ENTER INTO ANY AGREEMENT WITH ANY
PUBLIC OR PRIVATE ENTITY.
(B) NOTHING IN THIS SECTION SHALL BE DEEMED TO (I) SUPERSEDE OR LIMIT
THE APPLICABILITY OF THE AUTHORITY'S EXISTING POWERS AND AUTHORITY, OR
(II) REQUIRE THE AUTHORITY TO ACCEPT ANY PROJECT THROUGH THE PROVISIONS
OF THIS SECTION, OR (III) REQUIRE THE AUTHORITY TO ENTER INTO ANY AGREE-
S. 6408--A 17 A. 9008--A
MENTS HEREUNDER, OR (IV) REQUIRE THE AUTHORITY TO TAKE ANY ACTION THAT
WOULD CONTRADICT OR IMPACT AN EXISTING AUTHORITY CONTRACT OR AGREEMENT
WITH ITS BONDHOLDERS.
(C) SECTION TWENTY-EIGHT HUNDRED NINETY-SEVEN OF THIS CHAPTER SHALL
NOT APPLY TO ANY TRANSFER OF TITLE OR ANY OTHER BENEFICIAL INTEREST IN
PERSONAL OR REAL PROPERTY BY THE AUTHORITY PURSUANT TO THE TERMS OF A
JOINT ARRANGEMENT.
(D) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND
REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS
SECTION.
5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AGREEMENTS
ENTERED INTO PURSUANT TO THIS SECTION MAY PROVIDE FOR:
(A) THE PLANNING, ACQUISITION, DESIGN, CONSTRUCTION, RECONSTRUCTION,
REHABILITATION, ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION,
REPAIR, OPERATION, MAINTENANCE, DEVELOPMENT OR FINANCING OF TRANSPORTA-
TION FACILITIES AND JOINT ARRANGEMENTS AND THE PROVISION OF TRANSPORTA-
TION SERVICES.
(B) THE ESTABLISHMENT, LEVY AND COLLECTION OF FARES, USER FEES, TOLLS,
RENTALS, RATES OR OTHER CHARGES FOR THE USE OF TRANSPORTATION FACILI-
TIES, JOINT ARRANGEMENTS OR FOR THE RECEIPT OF TRANSPORTATION SERVICES
PURSUANT TO THIS SECTION AS THE AUTHORITY MAY DEEM NECESSARY, CONVENIENT
OR DESIRABLE; AND
(C) THE CROSSING OF ANY STREET, HIGHWAY, RAILROAD, CANAL, NAVIGABLE
WATER COURSE OR RIGHT-OF-WAY, SO LONG AS THE CROSSING DOES NOT UNREASON-
ABLY INTERFERE WITH THE REASONABLE USE THEREOF.
6. IN THE EVENT A PUBLIC OR PRIVATE ENTITY MATERIALLY DEFAULTS ON ITS
OBLIGATIONS UNDER A JOINT ARRANGEMENT, THE AUTHORITY IS HEREBY AUTHOR-
IZED TO ACQUIRE ALL OR ANY PORTION OF ANY JOINT ARRANGEMENT CONSTRUCTED
BY OR IN CONJUNCTION WITH SUCH PUBLIC ENTITY OR PRIVATE ENTITY, WITH ANY
DAMAGES SUFFERED TO THE AUTHORITY AS A RESULT OF SUCH DEFAULT BEING AN
OFFSET TO THE COMPENSATION PROVIDED FOR THE ACQUISITION OF THE JOINT
ARRANGEMENT. IN THE EVENT OF SUCH ACQUISITION AND NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY IS HEREBY AUTHORIZED,
BUT NOT REQUIRED, TO OPERATE AND MAINTAIN THE JOINT ARRANGEMENT, INCLUD-
ING THE IMPOSITION AND COLLECTION OF APPLICABLE FEES, FARES, TOLLS OR
OTHER CHARGES.
7. ANY REQUEST FOR PROPOSAL OR AGREEMENT ENTERED PURSUANT TO THIS
SECTION SHALL MAKE PROVISION FOR THE PROTECTION OF INTERESTS AND RIGHTS
IN INTELLECTUAL PROPERTY AND TRADE SECRETS. THE CONTENTS OF PROPOSALS
RECEIVED BY THE AUTHORITY PURSUANT TO THIS SECTION SHALL BE CONSIDERED,
FOR THE PURPOSES OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW,
RECORDS WHICH, IF DISCLOSED, WOULD IMPAIR PRESENT OR IMMINENT CONTRACT
AWARDS.
S 5. Subdivisions 5 and 6 of section 1267 of the public authorities
law, as added by chapter 324 of the laws of 1965, are amended to read as
follows:
5. The authority may, whenever it determines that it is in the inter-
est of the authority, dispose of any real property or property other
than real property, which it determines is not necessary, convenient or
desirable for its purposes. SUCH DISPOSALS OF REAL OR PERSONAL PROPERTY
MAY BE NEGOTIATED OR MADE BY PUBLIC AUCTION AS PERMITTED BY SUBDIVISION
SIX OF SECTION TWENTY-EIGHT HUNDRED NINETY-SEVEN OF THIS CHAPTER AND MAY
ALSO BE MADE BY NEGOTIATION IF:
(A) THE CHARACTER OR CONDITION OF THE PROPERTY, THE NATURE OF THE
INTEREST TO BE CONVEYED, OR OTHER UNIQUE CIRCUMSTANCES OF THE DISPOSAL
MAKE IT IMPRACTICABLE TO ADVERTISE PUBLICLY; AN APPRAISAL OF THE ESTI-
S. 6408--A 18 A. 9008--A
MATED FAIR MARKET VALUE OF THE PROPERTY HAS BEEN MADE BY AN INDEPENDENT
APPRAISER AND INCLUDED IN THE RECORD OF THE TRANSACTION; AND THE CONSID-
ERATION RECEIVED BY THE AUTHORITY FOR THE PROPERTY, INCLUDING THE VALUE
OF OTHER PROPERTY EXCHANGED, WILL NOT BE LESS THAN THE PROPERTY'S
APPRAISED VALUE; OR
(B) THE DISPOSAL IS MADE TO A GOVERNMENT OR OTHER PUBLIC ENTITY, AND
THE TERMS AND CONDITIONS OF THE TRANSFER REQUIRE THAT THE OWNERSHIP AND
USE OF THE PROPERTY WILL REMAIN WITH THE GOVERNMENT OR OTHER PUBLIC
ENTITY, OR THE DISPOSAL IS PART OF A TRANSACTION THAT FURTHERS AND IS
WITHIN THE AUTHORITY'S PURPOSE OR MISSION AND THE APPRAISED VALUE OF THE
PROPERTY AND OTHER SATISFACTORY TERMS OF DISPOSAL ARE OBTAINED.
6. The authority may, whenever it shall determine that it is in the
interest of the authority, rent, lease, [or] grant, MODIFY OR EXCHANGE
easements or other rights in, any land or property of the authority AND
TO THE EXTENT SUCH A LEASE, GRANT, MODIFICATION OR EXCHANGE IS DEEMED A
DISPOSAL THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION SHALL APPLY.
S 6. Subdivision 1 of section 119-r of the general municipal law, as
added by chapter 717 of the laws of 1967, is amended to read as follows:
1. To assure the provision of mass transportation services to the
public at adequate levels and at reasonable cost, every city, town,
village or county not wholly contained within a city, shall have power
to adopt local laws to authorize:
a. The acquisition, construction, reconstruction, improvement, equip-
ment, maintenance, FINANCING, or operation of one or more mass transpor-
tation projects. Such municipal corporation shall have power to occupy
or use any of the streets, roads, highways, avenues, parks or public
places of such municipal corporation therefor and to agree upon and
contract for the terms and conditions thereof.
b. The making of a contract or contracts for the acquisition by
purchase of all or any part of the property, plant and equipment of an
existing mass transportation facility actually used and useful for the
convenience of the public.
c. The making of a contract or contracts with any person, firm or
corporation, including a public authority, for the equipment, mainte-
nance or operation of a mass transportation facility owned, acquired,
constructed, reconstructed or improved by it.
d. The making of a contract or contracts for a fair and reasonable
consideration for mass transportation services to be rendered to the
public by a privately-owned or operated mass transportation facility.
Such power shall include but not be limited to the power to appropriate
funds for payment of such consideration, and to provide that all or part
of such consideration shall be in the form of capital equipment to be
furnished to and used and maintained by such privately-owned or operated
mass transportation facility.
e. The making of unconditional grants of money or property to a public
authority providing mass transportation services to all or part of such
municipal corporation in order to assist such public authority in meet-
ing its capital or operating expenses, provided such money does not
consist of borrowed funds and such property has not been acquired by the
use of borrowed funds. Such purpose is hereby declared to be county,
city, town or village purposes, respectively. The provisions of this
paragraph are intended as enabling legislation only and shall not be
interpreted as implying that absent their enactment a municipal corpo-
ration would lack the power to authorize any such grant; but they shall
not be interpreted as an authorization to public authorities generally
to accept such grants. The acceptance of any such grant by a public
S. 6408--A 19 A. 9008--A
authority shall not operate to make such authority an agency of the
municipal corporation making the grant.
F. THE MAKING OF A CONTRACT WITH THE METROPOLITAN TRANSPORTATION
AUTHORITY, BY ITSELF OR WITH ONE OR MORE OTHER MUNICIPAL CORPORATIONS,
WHICH SHALL CONSTITUTE A JOINT ARRANGEMENT AS DEFINED IN SUBDIVISION
NINE-A OF SECTION TWELVE HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES
LAW, TO ASSIST THE AUTHORITY IN MEETING ITS CAPITAL OR OPERATING
EXPENSES IN PROVIDING MASS TRANSPORTATION SERVICES OF BENEFIT TO ALL OR
PART OF SUCH MUNICIPAL CORPORATION, INCLUDING UNDERTAKING A MASS TRANS-
PORTATION CAPITAL PROJECT IN OR NEAR THE MUNICIPAL CORPORATION. UNDER
SUCH A JOINT ARRANGEMENT, A MUNICIPAL CORPORATION MAY, ACCORDING TO THE
TERMS OF THE CONTRACT WITH THE AUTHORITY, ESTABLISH, LEVY AND COLLECT
SUCH FARES, TOLLS, RENTALS, RATES, TAXES, ASSESSMENTS, CHARGES AND OTHER
FEES AND MAY CONDITIONALLY OR UNCONDITIONALLY GRANT OR PLEDGE A PORTION
OF ITS REVENUES ALLOCATED ACCORDING TO SUBDIVISION E OF THIS SECTION.
G. THE DESIGNATION OF A MASS TRANSPORTATION CAPITAL PROJECT DISTRICT
THAT A MUNICIPAL CORPORATION DEFINES AS BENEFITTING FROM ANY MASS TRANS-
PORTATION CAPITAL PROJECT. UPON DESIGNATING SUCH A DISTRICT, THE MUNICI-
PAL CORPORATION MAY ALLOCATE A PORTION OF ITS REVENUES FROM THE DISTRICT
ACCORDING TO TERMS IT DESIGNS OR HAS AGREED TO BY CONTRACT. NOTWITH-
STANDING ANY OTHER LAW, THE MUNICIPAL CORPORATION MAY, IN ALLOCATING AND
COLLECTING REVENUES FROM THE DISTRICT, MAKE USE OF ONE OR MORE METHODS
TO CAPTURE THE VALUE CREATED BY A MASS TRANSPORTATION CAPITAL PROJECT,
INCLUDING, BUT NOT LIMITED TO:
(I) TAX INCREMENT FINANCING, MEANING THE ALLOCATION OF AN INCREMENT OF
PROPERTY TAX REVENUES IN EXCESS OF THE AMOUNT LEVIED AT THE TIME PRIOR
TO PLANNING OF A MASS TRANSPORTATION CAPITAL PROJECT;
(II) A SPECIAL TRANSPORTATION ASSESSMENT, MEANING A CHARGE IMPOSED
UPON BENEFITED REAL PROPERTY IN PROPORTION TO THE BENEFIT RECEIVED BY
SUCH PROPERTY FROM A MASS TRANSPORTATION CAPITAL PROJECT, WHICH SHALL
NOT CONSTITUTE A TAX;
(III) A TRANSPORTATION UTILITY FEE, MEANING A CHARGE IMPOSED IN
PROPORTION TO THE BENEFIT RECEIVED FROM OR THE DEMAND IMPOSED ON A MASS
TRANSPORTATION CAPITAL PROJECT, WHICH SHALL NOT CONSTITUTE A TAX;
(IV) LAND VALUE TAXATION, MEANING THE ALLOCATION OF AN INCREMENT OF
TAX REVENUES GAINED FROM LEVYING TAXES ON THE ASSESSED VALUE OF TAXABLE
LAND AT A HIGHER RATE THAN THE IMPROVEMENTS, AS DEFINED IN SUBDIVISION
TWELVE OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW;
(V) SOME COMBINATION OF THE ABOVE OR OTHER METHODS OF GAINING REVENUES
THAT THE MUNICIPAL CORPORATION IS EMPOWERED TO USE, PROVIDED THAT THE
TOTAL AMOUNT OF ALL TAXES, ASSESSMENTS, FEES, CHARGES, OR RATES LEVIED
ON EACH PARCEL OR LOT UNDER THIS SECTION SHALL BE LIMITED TO A PROPOR-
TIONATE AMOUNT AS NEAR AS POSSIBLE TO THE ACTUAL BENEFIT WHICH EACH LOT
OR PARCEL WILL DERIVE FROM THE MASS TRANSPORTATION CAPITAL PROJECT;
(VI) WITHIN ANY MASS TRANSPORTATION CAPITAL PROJECT DISTRICT THAT A
MUNICIPAL CORPORATION SHALL DESIGNATE, ANY LIMIT OR CAP TO THE LEVY OR
PROPERTY TAXES OR ASSESSMENT OF TAXABLE VALUE SHALL NOT APPLY.
S 7. Paragraph (g) of subdivision 2 of section 3-c of the general
municipal law is amended by adding a new subparagraph (v) to read as
follows:
(V) A TAX LEVY WITHIN A MASS TRANSPORTATION CAPITAL PROJECT DISTRICT,
DESIGNATED PURSUANT TO ARTICLE FIVE-I OF THE GENERAL MUNICIPAL LAW.
S 8. This act shall take effect immediately; provided that the amend-
ment made to section 3-c of the general municipal law by section seven
of this act shall not affect the repeal of said section and shall be
deemed repealed therewith.
S. 6408--A 20 A. 9008--A
PART D
Section 1. Section 399-l of the vehicle and traffic law, as added by
chapter 751 of the laws of 2005, is amended to read as follows:
S 399-l. Application. Applicants for participation in the pilot
program established pursuant to this article shall be among those acci-
dent prevention course sponsoring agencies that have a course approved
by the commissioner pursuant to article twelve-B of this title prior to
the effective date of this article and which deliver such course to the
public. Provided, however, the commissioner may, in his or her
discretion, approve applications after such date. In order to be
approved for participation in such pilot program, the course must comply
with the provisions of law, rules and regulations applicable thereto.
The commissioner may, in his or her discretion, impose a fee for the
submission of each application to participate in the pilot program
established pursuant to this article. Such fee shall not exceed seven
thousand five hundred dollars. The proceeds from such fee shall be
deposited [in the accident prevention course internet technology pilot
program fund as established by section eighty-nine-g of the state
finance law] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND
PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR
THE PURPOSES ESTABLISHED IN THIS SECTION.
S 2. Subdivision 2 of section 89-g of the state finance law is
REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
S 3. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance law and the vehicle and traffic law relating to establishing the
accident prevention course internet technology pilot program, as amended
by section 1 of part E of chapter 57 of the laws of 2014, is amended to
read as follows:
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed [May
31, 2019] APRIL 1, 2020; provided that any rules and regulations neces-
sary to implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.
S 4. Paragraph a of subdivision 5 of section 410 of the vehicle and
traffic law, as amended by section 16 of part G of chapter 59 of the
laws of 2009, is amended to read as follows:
a. The annual fee for registration or reregistration of a motorcycle
shall be eleven dollars and fifty cents. Beginning April first, nine-
teen hundred ninety-eight the annual fee for registration or reregistra-
tion of a motorcycle shall be seventeen dollars and fifty cents, of
which two dollars and fifty cents shall be deposited BY THE COMPTROLLER
into the [motorcycle safety fund established pursuant to section nine-
ty-two-g of the state finance law] SPECIAL OBLIGATION RESERVE AND
PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR
THE PURPOSES ESTABLISHED IN THIS SECTION.
S 5. Paragraph (c-1) of subdivision 2 of section 503 of the vehicle
and traffic law, as added by chapter 435 of the laws of 1997, is amended
to read as follows:
(c-1) In addition to the fees established in paragraphs (b) and (c) of
this subdivision, a fee of fifty cents for each six months or portion
thereof of the period of validity shall be paid upon the issuance of any
permit, license or renewal of a license which is valid for the operation
of a motorcycle, except a limited use motorcycle. Fees collected pursu-
S. 6408--A 21 A. 9008--A
ant to this paragraph shall be deposited BY THE COMPTROLLER into the
[motorcycle safety fund established pursuant to section ninety-two-g of
the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF
THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO
SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE PURPOSES ESTAB-
LISHED IN THIS SECTION.
S 6. Subdivision 2 of section 92-g of the state finance law is
REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
S 7. Section 92-g of the state finance law is REPEALED.
S 8. Section 317 of the vehicle and traffic law is amended by adding a
new subdivision 5 to read as follows:
5. ALL ASSESSMENTS CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT
TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL
OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND
BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE
STATE FINANCE LAW.
S 9. Paragraph (b) of subdivision 1-a of section 318 of the vehicle
and traffic law, as amended by section 1-b of part A of chapter 63 of
the laws of 2005, is amended to read as follows:
(b) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, an order of suspension issued pursuant to paragraph (a) or (e) of
this subdivision may be terminated if the registrant pays to the commis-
sioner a civil penalty in the amount of eight dollars for each day up to
thirty days for which financial security was not in effect, plus ten
dollars for each day from the thirty-first to the sixtieth day for which
financial security was not in effect, plus twelve dollars for each day
from the sixty-first to the ninetieth day for which financial security
was not in effect. Of each eight dollar penalty, six dollars will be
deposited in the general fund and two dollars in the [miscellaneous
special revenue fund - compulsory insurance account] SPECIAL OBLIGATION
RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST
FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE
LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION. Of each ten dollar
penalty collected, six dollars will be deposited in the general fund,
two dollars will be deposited in the [miscellaneous special revenue fund
- compulsory insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT
ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED
PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE
PURPOSES ESTABLISHED IN THIS SECTION, and two dollars shall be deposited
in the dedicated highway and bridge trust fund established pursuant to
section eighty-nine-b of the state finance law and the dedicated mass
transportation fund established pursuant to section eighty-nine-c of the
state finance law and distributed according to the provisions of subdi-
vision (d) of section three hundred one-j of the tax law. Of each twelve
dollar penalty collected, six dollars will be deposited into the general
fund, two dollars will be deposited into the [miscellaneous special
revenue fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE
AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND
ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW
FOR THE PURPOSES ESTABLISHED IN THIS SECTION, and four dollars shall be
deposited in the dedicated highway and bridge trust fund established
pursuant to section eighty-nine-b of the state finance law and the dedi-
cated mass transportation fund established pursuant to section eighty-
nine-c of the state finance law and distributed according to the
provisions of subdivision (d) of section three hundred one-j of the tax
law. The foregoing provision shall apply only once during any thirty-six
S. 6408--A 22 A. 9008--A
month period and only if the registrant surrendered the certificate of
registration and number plates to the commissioner not more than ninety
days from the date of termination of financial security or submits to
the commissioner new proof of financial security which took effect not
more than ninety days from the termination of financial security.
S 10. Section 423-a of the vehicle and traffic law is amended by
adding a new subdivision 6 to read as follows:
6. ALL FUNDS COLLECTED FROM THE DEPARTMENT'S SHARE OF THE SALE OF
ASSETS PURSUANT TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER
INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED
HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
S 11. Paragraph (a) of subdivision 3 of section 89-b of the state
finance law, as amended by section 8 of part C of chapter 57 of the laws
of 2014, is amended to read as follows:
(a) The special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions of sections two hundred
five, two hundred eighty-nine-e, three hundred one-j, five hundred
fifteen and eleven hundred sixty-seven of the tax law, section four
hundred one of the vehicle and traffic law, and section thirty-one of
chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
AND THE COMMISSIONER OF MOTOR VEHICLES pursuant to section fifty-two,
section three hundred twenty-six, section eighty-eight of the highway
law, subdivision fifteen of section three hundred eighty-five, SECTION
FOUR HUNDRED TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE
HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND
PARAGRAPH (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of the
vehicle and traffic law, section two of the chapter of the laws of two
thousand three that amended this paragraph, subdivision (d) of section
three hundred four-a, paragraph one of subdivision (a) and subdivision
(d) of section three hundred five, subdivision six-a of section four
hundred fifteen and subdivision (g) of section twenty-one hundred twen-
ty-five of the vehicle and traffic law, section fifteen of this chapter,
excepting moneys deposited with the state on account of betterments
performed pursuant to subdivision twenty-seven or subdivision thirty-
five of section ten of the highway law, and sections ninety-four, one
hundred thirty-five, [one hundred forty-four] and one hundred forty-five
of the transportation law, (iii) any moneys collected by the department
of transportation for services provided pursuant to agreements entered
into in accordance with section ninety-nine-r of the general municipal
law, (IV) ANY MONEYS COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, and
[(iv)] (V) any other moneys collected therefor or credited or trans-
ferred thereto from any other fund, account or source.
S 12. Paragraph (a) of subdivision 3 of section 89-b of the state
finance law, as amended by section 9 of part C of chapter 57 of the laws
of 2014, is amended to read as follows:
(a) The special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions of sections two hundred
eighty-nine-e, three hundred one-j, five hundred fifteen and eleven
hundred sixty-seven of the tax law, section four hundred one of the
vehicle and traffic law, and section thirty-one of chapter fifty-six of
the laws of nineteen hundred ninety-three, (ii) all fees, fines or
penalties collected by the commissioner of transportation AND THE
S. 6408--A 23 A. 9008--A
COMMISSIONER OF MOTOR VEHICLES pursuant to section fifty-two, section
three hundred twenty-six, section eighty-eight of the highway law,
subdivision fifteen of section three hundred eighty-five, SECTION FOUR
HUNDRED TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE HUNDRED
SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND PARA-
GRAPH (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of the
vehicle and traffic law, section fifteen of this chapter, excepting
moneys deposited with the state on account of betterments performed
pursuant to subdivision twenty-seven or subdivision thirty-five of
section ten of the highway law, and sections ninety-four, one hundred
thirty-five, [one hundred forty-four] and one hundred forty-five of the
transportation law, (iii) any moneys collected by the department of
transportation for services provided pursuant to agreements entered into
in accordance with section ninety-nine-r of the general municipal law,
(IV) ANY MONEYS COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, and
[(iv)] (V) any other moneys collected therefor or credited or trans-
ferred thereto from any other fund, account or source.
S 13. This act shall take effect immediately; provided, however, that
section seven of this act shall take effect April 1, 2020; provided
further, however, that the amendments to section 399-1 of the vehicle
and traffic law made by section one of this act shall not affect the
repeal of such section and shall be deemed repealed therewith; and
provided further, however, that the amendments to paragraph (a) of
subdivision 3 of section 89-b of the state finance law made by section
eleven of this act shall be subject to the expiration and reversion of
such paragraph pursuant to section 13 of part U1 of chapter 62 of the
laws of 2003, as amended, when upon such date the provisions of section
twelve of this act shall take effect.
PART E
Section 1. Subparagraph (vi) of paragraph (b) of subdivision 2 of
section 501 of the vehicle and traffic law, as added by chapter 173 of
the laws of 1990, is amended to read as follows:
(vi) Farm endorsement. Shall be required to operate a farm vehicle or
a combination of farm vehicles which may not be operated with a class C,
D or E license AND WHICH IS USED TO TRANSPORT HAZARDOUS MATERIALS AS
DEFINED IN SECTION ONE HUNDRED THREE OF THE HAZARDOUS MATERIALS TRANS-
PORTATION ACT, PUBLIC LAW 93-633 TITLE I, WHEN THE VEHICLE TRANSPORTING
SUCH MATERIALS IS REQUIRED TO BE PLACARDED UNDER THE HAZARDOUS MATERIALS
REGULATION, 49 CFR PART 172, SUBPART F OR IS TRANSPORTING ANY QUANTITY
OF MATERIAL LISTED AS A SELECT AGENT OR TOXIN IN 42 CFR PART 73. The
identification and scope of any such endorsement or endorsements shall
be as prescribed by regulation of the commissioner. Such identification
and scope shall, at a minimum, include a distinction between the opera-
tion of a farm vehicle having a GVWR of more than twenty-six thousand
pounds within one hundred fifty miles of the person's farm and the oper-
ation of a combination of farm vehicles having a GVWR of more than twen-
ty-six thousand pounds within one hundred fifty miles of the person's
farm.
S 2. Subparagraph (i) of paragraph (b) of subdivision 4 of section
501-a of the vehicle and traffic law, as amended by chapter 36 of the
laws of 2009, is amended to read as follows:
(i) a personal use vehicle, A COVERED FARM VEHICLE or a farm vehicle
or a combination of such vehicles;
S. 6408--A 24 A. 9008--A
S 3. Subdivision 7 of section 501-a of the vehicle and traffic law, as
added by chapter 173 of the laws of 1990, is amended and a new subdivi-
sion 9 is added to read as follows:
7. Farm vehicle. A vehicle having a GVWR of not more than twenty-six
thousand pounds which is controlled and operated by a farmer, is used to
transport agricultural products, farm machinery, farm supplies or all of
the aforementioned to or from the farm and is not used in the operations
of a common or contract motor carrier and, such a vehicle having a GVWR
of more than twenty-six thousand pounds while being used within one
hundred fifty miles of the person's farm, AND SUCH VEHICLE IS USED TO
TRANSPORT HAZARDOUS MATERIALS AS DEFINED IN SECTION ONE HUNDRED THREE OF
THE HAZARDOUS MATERIALS TRANSPORTATION ACT, PUBLIC LAW 93-633, TITLE I,
WHEN THE VEHICLE TRANSPORTING SUCH MATERIALS IS REQUIRED TO BE PLACARDED
UNDER THE HAZARDOUS MATERIALS REGULATION, 49 CFR PART 172, SUBPART F OR
IS TRANSPORTING ANY QUANTITY OF MATERIAL LISTED AS A SELECT AGENT OR
TOXIN IN 42 CFR PART 73; PROVIDED, HOWEVER, A FARM VEHICLE MAY ONLY BE
OPERATED IN ANOTHER STATE IF SUCH STATE PERMITS THE OPERATION OF A FARM
VEHICLE IN SUCH STATE.
9. COVERED FARM VEHICLE. (A) A VEHICLE OR COMBINATION OF VEHICLES
REGISTERED IN THIS STATE, WHICH (I) DISPLAYS A COVERED FARM VEHICLE
DESIGNATION ISSUED BY THE COMMISSIONER, (II) OPERATED BY THE OWNER OR
OPERATOR OF A FARM OR RANCH, OR AN EMPLOYEE OR FAMILY MEMBER OF AN OWNER
OR OPERATOR OF A FARM OR RANCH, (III) USED TO TRANSPORT AGRICULTURAL
COMMODITIES, LIVESTOCK, MACHINERY OR SUPPLIES TO OR FROM A FARM OR
RANCH, (IV) NOT USED IN FOR-HIRE MOTOR CARRIER OPERATIONS; HOWEVER,
FOR-HIRE MOTOR CARRIER OPERATIONS DO NOT INCLUDE OPERATION BY A TENANT
PURSUANT TO A CROP SHARE FARM LEASE AGREEMENT TO TRANSPORT THE LAND-
LORD'S PORTION OF THE CROPS UNDER THAT AGREEMENT; AND (V) NOT USED FOR
THE TRANSPORTATION OF HAZARDOUS MATERIALS.
(B) A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI-
CLE WEIGHT RATING, WHICHEVER IS GREATER, OF TWENTY-SIX THOUSAND POUNDS
OR LESS, MAY OPERATE ANYWHERE IN THE UNITED STATES.
(C) A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI-
CLE WEIGHT RATING, WHICHEVER IS GREATER, OF MORE THAN TWENTY-SIX THOU-
SAND POUNDS, MAY OPERATE ANYWHERE IN THIS STATE OR ACROSS STATE LINES
WITHIN ONE HUNDRED FIFTY AIR MILES OF THE FARM OR RANCH. THE OPERATOR OF
SUCH A COVERED FARM VEHICLE SHALL OBTAIN AN ENDORSEMENT AS PROVIDED FOR
IN PARAGRAPH (D) OF THIS SUBDIVISION.
(D) THE COMMISSIONER SHALL, BY REGULATION, DESIGNATE AN ENDORSEMENT OR
ENDORSEMENTS FOR THE OPERATION OF COVERED FARM VEHICLES WEIGHING MORE
THAN TWENTY-SIX THOUSAND POUNDS. THE IDENTIFICATION AND SCOPE OF SUCH
ENDORSEMENT OR ENDORSEMENTS SHALL, AT A MINIMUM, INCLUDE A DISTINCTION
BETWEEN THE OPERATION OF A COVERED FARM VEHICLE HAVING A GROSS VEHICLE
WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND
POUNDS AND THE OPERATION OF A COMBINATION OF COVERED FARM VEHICLES
HAVING A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE
THAN TWENTY-SIX THOUSAND POUNDS.
(E) FOR THE PURPOSES OF THIS SUBDIVISION, THE GROSS VEHICLE WEIGHT OF
A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD.
S 4. Subparagraph (iv) of paragraph (b) of subdivision 2 of section
501 of the vehicle and traffic law, as added by chapter 173 of the laws
of 1990, is amended to read as follows:
(iv) P endorsement. Shall be required to operate a bus as defined in
sections one hundred four and five hundred nine-a of this chapter OR ANY
MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING
OF MORE THAN TWENTY-SIX THOUSAND POUNDS WHICH IS DESIGNED TO TRANSPORT
S. 6408--A 25 A. 9008--A
PASSENGERS IN COMMERCE. FOR THE PURPOSES OF THIS SUBPARAGRAPH THE GROSS
VEHICLE WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE
AND THE LOAD.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law.
PART F
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as amended by section 1 of part M of chapter 58 of the
laws of 2015, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2016] 2017.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2016.
PART G
Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of New York state urban development corporation to make loans, as
amended by section 1 of part N of chapter 58 of the laws of 2015, is
amended to read as follows:
S 2. This act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2016] 2017, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.
PART H
Section 1. This act shall be known and may be cited as the "Transfor-
mational Economic Development Infrastructure and Revitalization Projects
act".
S 2. Definitions. For the purposes of this act, the following terms
shall have the following meanings:
1. "Transformational Economic Development Infrastructure and Revitali-
zation Projects act" or "projects" shall include construction projects
in the county of New York related to the Jacob V. Javits Convention
Center, the Empire State Station Complex, the James A. Farley Building
Replacement, and the Pennsylvania Station New York Redevelopment. The
term "project" shall refer to any of these construction projects.
2. "Authorized entity" shall mean the New York State Urban Development
Corporation, the New York Convention Center Development Corporation, and
their subsidiaries.
3. "Best value" shall mean the basis for awarding contracts for
services to the bidder that optimize quality, cost and efficiency, price
and performance criteria, which may include, but is not limited to:
(a) The quality of the contractor's performance on previous projects;
S. 6408--A 26 A. 9008--A
(b) The timeliness of the contractor's performance on previous
projects;
(c) The level of customer satisfaction with the contractor's perform-
ance on previous projects;
(d) The contractor's record of performing previous projects on budget
and ability to minimize cost overruns;
(e) The contractor's ability to limit change orders;
(f) The contractor's ability to prepare appropriate project plans;
(g) The contractor's technical capacities;
(h) The individual qualifications of the contractor's key personnel;
(i) The contractor's ability to assess and manage risk and minimize
risk impact; and
(j) The contractor's past record of encouraging women and minority-
owned business enterprise participation and compliance with article 15-A
of the executive law.
Such basis shall reflect, wherever possible, objective and quantifi-
able analysis.
4. "Design-build contract" shall mean, in conformity with the require-
ments of this act, a contract for the design and construction of the
projects with a single entity, which may be a team comprised of separate
entities.
5. "Procurement record" shall mean documentation of the decisions made
and the approach taken in the procurement process.
6. "Project labor agreement" shall mean a pre-hire collective bargain-
ing agreement between a contractor and a bona fide building and
construction trade labor organization establishing the labor organiza-
tion as the collective bargaining representative for all persons who
will perform work on the project, and which provides that only contrac-
tors and subcontractors who sign a pre-negotiated agreement with the
labor organization can perform project work.
S 3. Notwithstanding section 103 of the general municipal law or the
provisions of any other law to the contrary, in conformity with the
requirements of this act, and only when a project labor agreement is
performed, the authorized entity may utilize the alternative delivery
method referred to as a design-build contract for the project. The
authorized entity shall ensure that its procurement record reflects the
design-build contract process authorized by this act.
S 4. An entity selected by the authorized entity to enter into a
design-build contract for the project shall be selected through a two-
step method, as follows:
1. Step one. Generation of a list of entities that have demonstrated
the general capability to perform a design-build contract for the
project. Such list shall consist of a specified number of entities, as
determined by the authorized entity, and shall be generated based upon
the authorized entity's review of responses to a publicly advertised
request for qualifications for the project. The authorized entity's
request for qualifications for the project shall include a general
description of the project, the maximum number of entities to be
included on the list, and the selection criteria to be used in generat-
ing the list. Such selection criteria shall include the qualifications
and experience of the design and construction team, organization, demon-
strated responsibility, ability of the team or of a member or members of
the team to comply with applicable requirements, including the
provisions of articles 145, 147 and 148 of the education law, past
record of compliance with the labor law including prevailing wage
requirements under state and federal law; the past record of compliance
S. 6408--A 27 A. 9008--A
with existing labor standards and maintaining harmonious labor
relations; the record of protecting the health and safety of workers on
public works projects and job sites as demonstrated by the experience
modification rate for each of the last three years; the prospective
bidder's ability to undertake the particular type and complexity of
work; the financial capability, responsibility and reliability of the
prospective bidder for such type and complexity of work; the prospective
bidder's compliance with equal employment opportunity requirements and
anti-discrimination laws, and demonstrated commitment to working with
minority and women-owned businesses through joint ventures or subcon-
tractor relationships; whether or not the prospective bidder or a person
or entity with an interest of at least ten per centum in the prospective
bidder, is debarred for having disregarded obligations to employees
under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12
and such other qualifications the authorized entity deems appropriate
which may include but are not limited to project understanding, finan-
cial capability and record of past performance. The authorized entity
shall evaluate and rate all entities responding to the request for qual-
ifications. Based upon such ratings, the authorized entity shall list
the entities that shall receive a request for proposals in accordance
with subdivision two of this section. To the extent consistent with
applicable federal law, the authorized entity shall consider, when
awarding any contract pursuant to this section, the participation of:
(a) firms certified pursuant to article 15-A of the executive law as
minority or women-owned businesses and the ability of other businesses
under consideration to work with minority and women-owned businesses so
as to promote and assist participation by such businesses; and (b) small
business concerns identified pursuant to subdivision (b) of section
139-g of the state finance law.
2. Step two. Selection of the proposal which is the best value to the
authorized entity. The authorized entity shall issue a request for
proposals for the project to the entities listed pursuant to subdivision
one of this section. If such an entity consists of a team of separate
entities, the entities that comprise such a team must remain unchanged
from the entity as listed pursuant to subdivision one of this section
unless otherwise approved by the authorized entity. The request for
proposals for the project shall set forth the project's scope of work,
and other requirements, as determined by the authorized entity. The
request for proposals shall specify the criteria to be used to evaluate
the responses and the relative weight of each such criteria. Such crite-
ria shall include the proposal's cost, the quality of the proposal's
solution, the qualifications and experience of the design-build entity,
and other factors deemed pertinent by the authorized entity, which may
include, but shall not be limited to, the proposal's project implementa-
tion, ability to complete the work in a timely and satisfactory manner,
maintenance costs of the completed project, maintenance of traffic
approach, and community impact. Any contract awarded pursuant to this
act shall be awarded to a responsive and responsible entity that submits
the proposal, which, in consideration of these and other specified
criteria deemed pertinent to the project, offers the best value to the
authorized entity, as determined by the authorized entity. Nothing in
this act shall be construed to prohibit the authorized entity from nego-
tiating final contract terms and conditions including cost.
3. Notwithstanding the foregoing provisions of this section, when any
person or entity is debarred for having disregarded obligations to
employees under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29
S. 6408--A 28 A. 9008--A
C.F.R. 5.12, such person or entity, and any firm, corporation, partner-
ship or association in which the person or entity owns or controls at
least ten per centum, shall be ineligible to submit a bid on or be
awarded any contract authorized by this act while the name of the person
or entity is published in the list of debarred contractors pursuant to
40 U.S.C. 3144. The department of labor will notify the person or entity
immediately of such ineligibility and such person or entity must be
afforded the opportunity to appeal to the department of labor.
S 5. Any contract entered into pursuant to this act shall include a
clause requiring that any professional services regulated by articles
145, 147 and 148 of the education law shall be performed and stamped and
sealed, where appropriate, by a professional licensed in accordance with
such articles.
S 6. The construction, demolition, reconstruction, excavation, reha-
bilitation, repair, renovation of the project undertaken by the author-
ized entity pursuant to this act shall be deemed a "public work" to be
performed in accordance with the provisions of article 8 of the labor
law, as well as subject to sections 200, 240, 241 and 242 of the labor
law and enforcement of prevailing wage requirements by the New York
state department of labor.
S 7. A project labor agreement shall be included in the request for
proposals for the project, provided that, based upon a study done by or
for the authorized entity, the authorized entity determines that its
interests are best met by requiring a project labor agreement. The
authorized entity shall conduct such a study and the project labor
agreement shall be performed consistent with the provisions of section
222 of the labor law. If a project labor agreement is not performed on
the project; (1) the authorized entity shall not utilize a design-build
contract for the project; and (2) sections 101 and 103 of the general
municipal law shall apply to the project.
S 8. Each contract entered into by the authorized entity pursuant to
this act shall comply, whenever practical, with the objectives and goals
of minority and women-owned business enterprises pursuant to article
15-A of the executive law or, if the project receives federal aid, shall
comply with applicable federal requirements for disadvantaged business
enterprises.
S 9. The project undertaken by the authorized entity pursuant to this
act shall be subject to the requirements of article 8 of the environ-
mental conservation law, and, where applicable, the requirements of the
national environmental policy act.
S 10. The submission of a proposal or responses or the execution of a
design-build contract pursuant to this act shall not be construed to be
a violation of section 6512 of the education law.
S 11. Nothing contained in this act shall limit the right or obli-
gation of the authorized entity to comply with the provisions of any
existing contract, including any existing contract with or for the bene-
fit of the holders of the obligations of the authorized entity, or to
award contracts as otherwise provided by law.
S 12. This act shall take effect immediately.
PART I
Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the New York state
energy research and development authority.
S. 6408--A 29 A. 9008--A
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.
PART J
Section 1. Expenditures of moneys by the New York state energy
research and development authority for services and expenses of the
energy research, development and demonstration program, including
grants, the energy policy and planning program, and the Fuel NY program
shall be subject to the provisions of this section. Notwithstanding the
provisions of subdivision 4-a of section 18-a of the public service law,
all moneys committed or expended in an amount not to exceed $19,700,000
shall be reimbursed by assessment against gas corporations, as defined
in subdivision 11 of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section 2 of the public
service law, where such gas corporations and electric corporations have
gross revenues from intrastate utility operations in excess of $500,000
in the preceding calendar year, and the total amount which may be
charged to any gas corporation and any electric corporation shall not
exceed one cent per one thousand cubic feet of gas sold and .010 cent
per kilowatt-hour of electricity sold by such corporations in their
intrastate utility operations in calendar year 2014. Such amounts shall
be excluded from the general assessment provisions of subdivision 2 of
section 18-a of the public service law. The chair of the public service
commission shall bill such gas and/or electric corporations for such
amounts on or before August 10, 2016 and such amounts shall be paid to
the New York state energy research and development authority on or
before September 10, 2016. Upon receipt, the New York state energy
research and development authority shall deposit such funds in the ener-
gy research and development operating fund established pursuant to
section 1859 of the public authorities law. The New York state energy
research and development authority is authorized and directed to: (1)
transfer $1 million to the state general fund for services and expenses
of the department of environmental conservation and to transfer $750,000
to the University of Rochester laboratory for laser energetics from the
funds received; and (2) commencing in 2016, provide to the chair of the
public service commission and the director of the budget and the chairs
and secretaries of the legislative fiscal committees, on or before
August first of each year, an itemized record, certified by the presi-
dent and chief executive officer of the authority, or his or her desig-
nee, detailing any and all expenditures and commitments ascribable to
moneys received as a result of this assessment by the chair of the
department of public service pursuant to section 18-a of the public
service law. This itemized record shall include an itemized breakdown
of the programs being funded by this section and the amount committed to
each program. The authority shall not commit for any expenditure, any
moneys derived from the assessment provided for in this section, until
the chair of such authority shall have submitted, and the director of
the budget shall have approved, a comprehensive financial plan encom-
passing all moneys available to and all anticipated commitments and
expenditures by such authority from any source for the operations of
such authority. Copies of the approved comprehensive financial plan
shall be immediately submitted by the chair to the chairs and secre-
taries of the legislative fiscal committees. Any such amount not
committed by such authority to contracts or contracts to be awarded or
otherwise expended by the authority during the fiscal year shall be
S. 6408--A 30 A. 9008--A
refunded by such authority on a pro-rata basis to such gas and/or elec-
tric corporations, in a manner to be determined by the department of
public service.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.
PART K
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.
PART L
Section 1. Paragraph (c) of subdivision 12 of section 66 of the public
service law, as amended by chapter 162 of the laws of 1998, is amended
to read as follows:
(c) For the purpose of this subdivision, "major changes" shall mean an
increase in the rates and charges which would increase the aggregate
revenues of the applicant more than the greater of three hundred thou-
sand dollars or two and one-half percent, but shall not include changes
in rates, charges or rentals (I) allowed to go into effect by the
commission or made by the utility pursuant to an order of the commission
after hearings held upon notice to the public, OR (II) PROPOSED BY A
MUNICIPALITY.
S 2. Paragraph (f) of subdivision 12 of section 66 of the public
service law, as amended by chapter 154 of the laws of 1989, is amended
to read as follows:
(f) Whenever there shall be filed with the commission by any utility
any schedule stating a new rate or charge, or any change in any form of
contract or agreement or any rule or regulation relating to any rate,
charge or service, or in any general privilege or facility, the commis-
sion may, at any time within sixty days from the date when such schedule
would or has become effective, either upon complaint or upon its own
initiative, and, if it so orders, without answer or other formal plead-
ing by the utility, but upon reasonable notice, hold a hearing concern-
ing the propriety of a change proposed by the filing. If such change is
a major change, the commission shall hold such a hearing. Pending such
hearing and decision thereon, the commission, upon filing with such
schedule and delivering to the utility, a statement in writing of its
reasons therefor, may suspend the operation of such schedule, but not
for a longer period than [one hundred and twenty days] FOUR MONTHS
beyond the time when it would otherwise go into effect. After full hear-
ing, whether completed before or after the schedule goes into effect,
the commission may make such order in reference thereto as would be
proper in a proceeding begun after the rate, charge, form of contract or
agreement, rule, regulation, service, general privilege or facility had
become effective. If any such hearing cannot be concluded within the
period of suspension as above stated, the commission may extend the
suspension for a further period, not exceeding [six] TEN months. IF AT
THE END OF SUCH PERIOD, THE FILED PETITION HAS NOT BEEN ACTED UPON BY
THE COMMISSION, THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED BY THE
S. 6408--A 31 A. 9008--A
STAFF OF THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER,
SUBJECT TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIR-
TEEN OF THIS CHAPTER.
S 3. Paragraph (f) of subdivision 10 of section 80 of the public
service law, as amended by chapter 154 of the laws of 1989, is amended
to read as follows:
(f) Whenever there shall be filed with the commission by any utility
any schedule stating a new rate or charge, or any change in any form of
contract or agreement or any rule or regulation relating to any rate,
charge or service, or in any general privilege or facility, the commis-
sion may, at any time within sixty days from the date when such schedule
would or has become effective, either upon complaint or upon its own
initiative, and, if it so orders, without answer or other formal plead-
ing by the utility, but upon reasonable notice, hold a hearing concern-
ing the propriety of a change proposed by the filing. If such change is
a major change, the commission shall hold such a hearing. Pending such
hearing and decision thereon the commission, upon filing with such sche-
dule and delivering to the utility, a statement in writing of its
reasons therefor, may suspend the operation of such schedule, but not
for a longer period than [one hundred and twenty days] FOUR MONTHS
beyond the time when it would otherwise go into effect. After full hear-
ing, whether completed before or after the schedule goes into effect,
the commission may make such order in reference thereto as would be
proper in a proceeding begun after the rate, charge, form of contract or
agreement, rule, regulation, service, general privilege or facility had
become effective. If such hearing cannot be concluded within the period
of suspension as above stated, the commission may extend the suspension
for a further period not exceeding [six] TEN months. IF AT THE END OF
SUCH PERIOD, THE FILED PETITION HAS NOT BEEN ACTED UPON BY THE COMMIS-
SION, THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED BY THE STAFF OF
THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER, SUBJECT
TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIRTEEN OF
THIS CHAPTER.
S 4. Paragraph (f) of subdivision 10 of section 89-c of the public
service law, as amended by chapter 154 of the laws of 1989, is amended
to read as follows:
(f) Whenever there shall be filed with the commission by any water-
works corporation any schedule stating a new rate or charge, or any
change in any form of contract or agreement or any rule or regulation
relating to any rate, charge or service, or in any general privilege or
facility, the commission may, at any time within sixty days from the
date when such schedule would or has become effective, either upon
complaint or upon its own initiative, and, if it so orders, without
answer or other formal pleading by the interested corporation, but upon
reasonable notice, hold a hearing concerning the propriety of a change
proposed by the filing. If such change is a major change, the commission
shall hold such a hearing. Pending such hearing and decision thereon,
the commission, upon filing with such schedule and delivering to the
corporation affected thereby a statement in writing of its reasons
therefor, may suspend the operation of such schedule, but not for a
longer period than [one hundred and twenty days] FOUR MONTHS beyond the
time when it would otherwise go into effect. After a full hearing,
whether completed before or after the schedule goes into effect, the
commission may make such order in reference thereto as would be proper
in a proceeding begun after the rate, charge, form of contract or agree-
ment, rule, regulation, service, general privilege or facility had
S. 6408--A 32 A. 9008--A
become effective. If any such hearing cannot be concluded within the
period of suspension as above stated, the commission may extend the
suspension for a further period not exceeding [six] TEN months. IF AT
THE END OF SUCH PERIOD, THE FILED PETITION HAS NOT BEEN ACTED UPON BY
THE COMMISSION, THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED BY THE
STAFF OF THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER,
SUBJECT TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIR-
TEEN OF THIS CHAPTER.
S 5. This act shall take effect immediately.
PART M
Section 1. Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state to provide
special handling for all documents filed or issued by the division of
corporations and to permit additional levels of such expedited service,
as amended by section 1 of part T of chapter 58 of the laws of 2015, is
amended to read as follows:
S 2. This act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and shall expire March 31, [2016]
2017.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2016.
PART N
Section 1. Paragraph (d) of section 304 of the business corporation
law is amended to read as follows:
(d) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A
DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL BE DEEMED TO BE THE
POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON
SHALL MAIL THE PROCESS SERVED AGAINST THE CORPORATION AS REQUIRED BY
THIS ARTICLE. Any designated [post-office] POST OFFICE address to which
the secretary of state OR A PERSON shall mail a copy of ANY process
served upon [him] THE SECRETARY OF STATE as agent of a domestic corpo-
ration or a foreign corporation, shall continue until the filing of a
certificate under this chapter directing the mailing to a different
[post-office] POST OFFICE address.
S 2. Paragraph (a) of section 305 of the business corporation law, as
amended by chapter 131 of the laws of 1985, is amended to read as
follows:
(a) In addition to such designation of the secretary of state, every
domestic corporation or authorized foreign corporation may designate a
registered agent in this state upon whom process against such corpo-
ration may be served. The agent shall be a natural person who is a resi-
dent of or has a business address in this state [or], a domestic corpo-
ration or foreign corporation of any type or kind formed[,] or
authorized to do business in this state, under this chapter or under any
other statute of this state, OR DOMESTIC LIMITED LIABILITY COMPANY OR
FOREIGN LIMITED LIABILITY COMPANY FORMED OR AUTHORIZED TO DO BUSINESS IN
THIS STATE.
S 3. Subparagraph 1 of paragraph (b) of section 306 of the business
corporation law, as amended by chapter 419 of the laws of 1990, is
amended to read as follows:
S. 6408--A 33 A. 9008--A
(1) Service of process on the secretary of state as agent of a domes-
tic or authorized foreign corporation, OR OTHER BUSINESS ENTITY THAT HAS
DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROCESS PURSU-
ANT TO ARTICLE NINE OF THIS CHAPTER, shall be made by [personally deliv-
ering to and leaving with the secretary of state or a deputy, or with
any person authorized by the secretary of state to receive such service,
at the office of the department of state in the city of Albany, dupli-
cate copies of such process together with the statutory fee, which fee
shall be a taxable disbursement] MAILING THE PROCESS AND NOTICE OF
SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH
CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS ON FILE
IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. IF A DOMESTIC OR
AUTHORIZED FOREIGN CORPORATION HAS NO SUCH ADDRESS ON FILE IN THE
DEPARTMENT OF STATE, THE PROCESS AND NOTICE OF SERVICE THEREOF SHALL BE
MAILED, IN THE CASE OF A DOMESTIC CORPORATION, IN CARE OF ANY DIRECTOR
NAMED IN ITS CERTIFICATE OF INCORPORATION AT THE DIRECTOR'S ADDRESS
STATED THEREIN OR, IN THE CASE OF AN AUTHORIZED FOREIGN CORPORATION, TO
SUCH CORPORATION AT THE ADDRESS OF ITS OFFICE WITHIN THIS STATE ON FILE
IN THE DEPARTMENT. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLI-
CATE COPY OF SUCH PROCESS AND PROOF OF MAILING TOGETHER WITH THE STATU-
TORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT SHALL BE PERSONALLY
DELIVERED TO AND LEFT WITH THE SECRETARY OF STATE OR A DEPUTY, OR WITH
ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE,
AT THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF ALBANY. PROOF OF
MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service
of process on such corporation OR OTHER BUSINESS ENTITY shall be
complete when the secretary of state is so served. [The secretary of
state shall promptly send one of such copies by certified mail, return
receipt requested, to such corporation, at the post office address, on
file in the department of state, specified for the purpose. If a domes-
tic or authorized foreign corporation has no such address on file in the
department of state, the secretary of state shall so mail such copy, in
the case of a domestic corporation, in care of any director named in its
certificate of incorporation at the director's address stated therein
or, in the case of an authorized foreign corporation, to such corpo-
ration at the address of its office within this state on file in the
department.]
S 4. Subparagraphs 2 and 3 of paragraph (a) of section 306-A of the
business corporation law, as added by chapter 469 of the laws of 1997,
are amended to read as follows:
(2) That the address of the party has been designated by the corpo-
ration as the post office address to which [the secretary of state] A
PERSON shall mail a copy of any process served on the secretary of state
as agent for such corporation, SPECIFYING SUCH ADDRESS, and that such
party wishes to resign.
(3) That sixty days prior to the filing of the certificate of resigna-
tion OR RECEIPT OF PROCESS with the department of state the party has
sent a copy of the certificate of resignation for receipt of process by
registered or certified mail to the address of the registered agent of
the designating corporation, if other than the party filing the certif-
icate of resignation[,] for receipt of process, or if the [resigning]
DESIGNATING corporation has no registered agent, then to the last
address of the designating corporation known to the party, specifying
the address to which the copy was sent. If there is no registered agent
and no known address of the designating corporation, the party shall
attach an affidavit to the certificate stating that a diligent but
S. 6408--A 34 A. 9008--A
unsuccessful search was made by the party to locate the corporation,
specifying what efforts were made.
S 5. Subparagraph 7 of paragraph (a) of section 402 of the business
corporation law is amended to read as follows:
(7) A designation of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
S 6. Subparagraph (c) of paragraph 1 of section 408 of the business
corporation law, as amended by section 3 of part S of chapter 59 of the
laws of 2015, is amended to read as follows:
(c) The post office address, within or without this state, to which
[the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him or her] THE SECRETARY OF STATE. Such
address shall supersede any previous address on file with the department
of state for this purpose.
S 7. Subparagraph 4 of paragraph (b) of section 801 of the business
corporation law is amended to read as follows:
(4) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against the
corporation served upon [him] THE SECRETARY OF STATE.
S 8. Subparagraph 2 of paragraph (b) of section 803 of the business
corporation law, as amended by chapter 803 of the laws of 1965, is
amended to read as follows:
(2) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against the
corporation served upon [him] THE SECRETARY OF STATE.
S 9. Paragraph (b) of section 805-A of the business corporation law,
as added by chapter 725 of the laws of 1964, is amended to read as
follows:
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against a corporation served upon [him or] THE SECRETARY OF
STATE AND/OR the address of the registered agent, provided such address
being changed is the address of a person, partnership, LIMITED LIABILITY
COMPANY or other corporation whose address, as agent, is the address to
be changed or who has been designated as registered agent for such
corporation, may be signed[, verified] and delivered to the department
of state by such agent. The certificate of change shall set forth the
statements required under subparagraphs [(a)] (1), (2) and (3) OF PARA-
GRAPH (A) of this section; that a notice of the proposed change was
mailed to the corporation by the party signing the certificate not less
than thirty days prior to the date of delivery to the department and
that such corporation has not objected thereto; and that the party sign-
ing the certificate is the agent of such corporation to whose address
[the secretary of state] A PERSON is required to mail copies of process
SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the
case. A certificate signed[, verified] and delivered under this para-
graph shall not be deemed to effect a change of location of the office
of the corporation in whose behalf such certificate is filed.
S 10. Subparagraph 8 of paragraph (a) of section 904-a of the business
corporation law, as amended by chapter 177 of the laws of 2008, is
amended to read as follows:
(8) If the surviving or resulting entity is a foreign corporation or
other business entity, a designation of the secretary of state as its
S. 6408--A 35 A. 9008--A
agent upon whom process against it may be served in the manner set forth
in paragraph (b) of section three hundred six of this chapter, in any
action or special proceeding, and a post office address, within or with-
out this state, to which [the secretary of state] A PERSON shall mail a
copy of any process against it served upon [him] THE SECRETARY OF STATE.
Such post office address shall supersede any prior address designated as
the address to which process shall be mailed;
S 11. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of
the business corporation law, as amended by chapter 494 of the laws of
1997, is amended to read as follows:
(G) A designation of the secretary of state as its agent upon whom
process against it may be served in the manner set forth in paragraph
(b) of section 306 (Service of process), in any action or special
proceeding, and a post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE. Such post office
address shall supersede any prior address designated as the address to
which process shall be mailed.
S 12. Subparagraph 6 of paragraph (a) of section 1304 of the business
corporation law, as amended by chapter 684 of the laws of 1963 and as
renumbered by chapter 590 of the laws of 1982, is amended to read as
follows:
(6) A designation of the secretary of state as its agent upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
S 13. Subparagraph 7 of paragraph (a) of section 1308 of the business
corporation law, as amended by chapter 725 of the laws of 1964 and as
renumbered by chapter 186 of the laws of 1983, is amended to read as
follows:
(7) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
S 14. Subparagraph 2 of paragraph (a) and paragraph (c) of section
1309-A of the business corporation law, subparagraph 2 of paragraph (a)
as added by chapter 725 of the laws of 1964 and paragraph (c) as amended
by chapter 172 of the laws of 1999, are amended to read as follows:
(2) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
(c) A certificate of change of application for authority which changes
only the post office address to which [the secretary of state] A PERSON
shall mail a copy of any process against an authorized foreign corpo-
ration served upon [him or which] THE SECRETARY OF STATE AND/OR changes
the address of its registered agent, provided such address is the
address of a person, partnership, LIMITED LIABILITY COMPANY or other
corporation whose address, as agent, is the address to be changed or who
has been designated as registered agent for such authorized foreign
corporation, may be signed and delivered to the department of state by
such agent. The certificate of change of application for authority shall
set forth the statements required under subparagraphs (1), (2), (3) and
(4) of paragraph (b) of this section; that a notice of the proposed
change was mailed by the party signing the certificate to the authorized
foreign corporation not less than thirty days prior to the date of
delivery to the department and that such corporation has not objected
S. 6408--A 36 A. 9008--A
thereto; and that the party signing the certificate is the agent of such
foreign corporation to whose address [the secretary of state] A PERSON
is required to mail copies of process SERVED ON THE SECRETARY OF STATE
or the registered agent, if such be the case. A certificate signed and
delivered under this paragraph shall not be deemed to effect a change of
location of the office of the corporation in whose behalf such certif-
icate is filed.
S 15. Subparagraphs 1 and 6 of paragraph (a) of section 1310 of the
business corporation law, subparagraph 1 as amended by chapter 590 of
the laws of 1982, are amended to read as follows:
(1) The name of the foreign corporation as it appears on the index of
names of existing domestic and authorized foreign corporations of any
type or kind in the department of state, division of corporations [or,]
AND the fictitious name, IF ANY, the corporation has agreed to use in
this state pursuant to paragraph (d) of section 1301 of this [chapter]
ARTICLE.
(6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
S 16. Subparagraph 4 of paragraph (d) of section 1310 of the business
corporation law is amended to read as follows:
(4) The changed post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.
S 17. Section 1311 of the business corporation law, as amended by
chapter 375 of the laws of 1998, is amended to read as follows:
S 1311. Termination of existence.
When an authorized foreign corporation is dissolved or its authority
or existence is otherwise terminated or cancelled in the jurisdiction of
its incorporation or when such foreign corporation is merged into or
consolidated with another foreign corporation, a certificate of the
secretary of state, or official performing the equivalent function as to
corporate records, of the jurisdiction of incorporation of such foreign
corporation attesting to the occurrence of any such event or a certified
copy of an order or decree of a court of such jurisdiction directing the
dissolution of such foreign corporation, the termination of its exist-
ence or the cancellation of its authority shall be delivered to the
department of state. The filing of the certificate, order or decree
shall have the same effect as the filing of a certificate of surrender
of authority under section 1310 (Surrender of authority). The secretary
of state shall continue as agent of the foreign corporation upon whom
process against it may be served in the manner set forth in paragraph
(b) of section 306 (Service of process), in any action or special
proceeding based upon any liability or obligation incurred by the
foreign corporation within this state prior to the filing of such
certificate, order or decree and [he] THE PERSON SERVING SUCH PROCESS
shall [promptly cause a copy of any such] SEND THE process [to be
mailed] by [registered] CERTIFIED mail, return receipt requested, to
such foreign corporation at the post office address on file in his
office specified for such purpose AND SHALL PROVIDE THE SECRETARY OF
STATE WITH PROOF OF SUCH MAILING IN THE MANNER SET FORTH IN PARAGRAPH
(B) OF SECTION 306 (SERVICE OF PROCESS). The post office address may be
changed by signing and delivering to the department of state a certif-
icate of change setting forth the statements required under section
1309-A (Certificate of change; contents) to effect a change in the post
S. 6408--A 37 A. 9008--A
office address under subparagraph SEVEN OF PARAGRAPH (a) [(4)] of
section 1308 (Amendments or changes).
S 18. Subparagraph 6 of paragraph (a) of section 1530 of the business
corporation law, as added by chapter 505 of the laws of 1983, is amended
to read as follows:
(6) A designation of the secretary of state as its agent upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
S 19. Subdivision 10 of section 11 of the cooperative corporations
law, as added by chapter 97 of the laws of 1969, is amended to read as
follows:
10. A designation of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
S 20. Subdivision 10 of section 96 of the executive law, as amended by
chapter 39 of the laws of 1987, is amended to read as follows:
10. For service of process on the secretary of state, acting as agent
for a third party pursuant to law, except as otherwise specifically
provided by law, forty dollars. No fee shall be collected for process
served on behalf of [a] ANY STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY,
AUTHORITY, county, city, town or village or other political subdivision
of the state. The fees paid the secretary of state shall be a taxable
disbursement.
S 21. The opening paragraph of subdivision 2 and subdivision 3 of
section 18 of the general associations law, as amended by chapter 13 of
the laws of 1938, are amended and two new subdivisions 5 and 6 are added
to read as follows:
Every association doing business within this state shall file in the
department of state a certificate in its associate name, signed [and
acknowledged] by its president, or a vice-president, or secretary, or
treasurer, or managing director, or trustee, designating the secretary
of state as an agent upon whom process in any action or proceeding
against the association may be served within this state, and setting
forth an address to which [the secretary of state] A PERSON shall mail a
copy of any process against the association which may be served upon
[him] THE SECRETARY OF STATE pursuant to law. Annexed to the certif-
icate of designation shall be a statement, executed in the same manner
as the certificate is required to be executed under this section, which
shall set forth:
3. Any association, from time to time, may change the address to
which [the secretary of state] A PERSON is directed to mail copies of
process SERVED ON THE SECRETARY OF STATE, by filing a statement to that
effect, executed[,] AND signed [and acknowledged] in like manner as a
certificate of designation as herein provided.
5. ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT IN ANY
ACTION OR PROCEEDING AGAINST THE ASSOCIATION SHALL BE DEEMED TO BE THE
POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON
SHALL MAIL PROCESS SERVED AGAINST THE ASSOCIATION AS REQUIRED BY THIS
ARTICLE. ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF
STATE OR A PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE
SECRETARY OF STATE AS AGENT IN ANY ACTION OR PROCEEDING AGAINST THE
S. 6408--A 38 A. 9008--A
ASSOCIATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE UNDER THIS
CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST OFFICE ADDRESS.
6. "PROCESS" MEANS JUDICIAL PROCESS AND ALL ORDERS, DEMANDS, NOTICES
OR OTHER PAPERS REQUIRED OR PERMITTED BY LAW TO BE PERSONALLY SERVED ON
AN ASSOCIATION, FOR THE PURPOSE OF ACQUIRING JURISDICTION OF SUCH ASSO-
CIATION IN ANY ACTION OR PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDI-
CIAL, ADMINISTRATIVE, ARBITRATIVE OR OTHERWISE, IN THIS STATE OR IN THE
FEDERAL COURTS SITTING IN OR FOR THIS STATE.
S 22. Section 19 of the general associations law, as amended by chap-
ter 166 of the laws of 1991, is amended to read as follows:
S 19. (A) Service of process. Service of process against an associ-
ation upon the secretary of state shall be made by MAILING THE PROCESS
AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, TO SUCH CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST
OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS
PURPOSE. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY
OF SUCH PROCESS AND PROOF OF MAILING SHALL BE personally [delivering]
DELIVERED to and [leaving] LEFT with [him] THE SECRETARY OF STATE or a
deputy [secretary of state or an associate attorney, senior attorney or
attorney in the corporation division of the department of state], SO
DESIGNATED [duplicate copies of such process at the office of the
department of state in the city of Albany]. At the time of such service
the plaintiff shall pay a fee of forty dollars to the secretary of state
which shall be a taxable disbursement. [If the cost of registered mail
for transmitting a copy of the process shall exceed two dollars, an
additional fee equal to such excess shall be paid at the time of the
service of such process. The secretary of state shall forthwith send by
registered mail one of such copies to the association at the address
fixed for that purpose, as herein provided.]
(B) PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
SECTION. SERVICE OF PROCESS ON SUCH ASSOCIATION SHALL BE COMPLETE WHEN
THE SECRETARY OF STATE IS SO SERVED. If the action or proceeding is
instituted in a court of limited jurisdiction, service of process may be
made in the manner provided in this section if the cause of action arose
within the territorial jurisdiction of the court and the office of the
defendant, as set forth in its statement filed pursuant to section eigh-
teen of this [chapter] ARTICLE, is within such territorial jurisdiction.
S 23. Subdivision 2 of section 352-b of the general business law, as
amended by chapter 252 of the laws of 1983, is amended to read as
follows:
2. Service of such process upon the secretary of state shall be made
by personally delivering to and leaving with him [or], a deputy secre-
tary of state, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO
RECEIVE SUCH SERVICE a copy thereof at the office of the department of
state in the city of Albany, and such service shall be sufficient
service provided that notice of such service and a copy of such process
are forthwith sent by the attorney general to such person, partnership,
corporation, company, trust or association, by registered or certified
mail with return receipt requested, at his or its office as set forth in
the "broker-dealer's statement", "salesman's statement" or "investment
advisor's statement" filed in the department of law pursuant to section
three hundred fifty-nine-e or section three hundred fifty-nine-eee of
this article, or in default of the filing of such statement, at the last
address known to the attorney general. Service of such process shall be
complete on receipt by the attorney general of a return receipt purport-
ing to be signed by the addressee or a person qualified to receive his
S. 6408--A 39 A. 9008--A
or its registered or certified mail, in accordance with the rules and
customs of the post office department, or, if acceptance was refused by
the addressee or his or its agent, on return to the attorney general of
the original envelope bearing a notation by the postal authorities that
receipt thereof was refused.
S 24. Section 686 of the general business law, as added by chapter 730
of the laws of 1980, is amended to read as follows:
S 686. Designation of secretary of state as agent for service of proc-
ess; service of process. Any person who shall offer to sell or sell a
franchise in this state as a franchisor, subfranchisor or franchise
sales agent shall be deemed to have irrevocably appointed the secretary
of state as his or its agent upon whom may be served any summons,
complaint, subpoena, subpoena duces tecum, notice, order or other proc-
ess directed to such person, or any partner, principal, officer, sales-
man or director thereof, or his or its successor, administrator or exec-
utor, in any action, investigation, or proceeding which arises under
this article or a rule hereunder, with the same force and validity as if
served personally on such person. Service of such process upon the
secretary of state shall be made by personally delivering to and leaving
with [him] THE SECRETARY OF STATE or a deputy [secretary of state], OR
WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH
SERVICE, a copy thereof at the office of the department of state, and
such service shall be sufficient provided that notice of such service
and a copy of such process are sent forthwith by the department to such
person, by registered or certified mail with return receipt requested,
at his address as set forth in the application for registration of his
offering prospectus or in the registered offering prospectus itself
filed with the department of law pursuant to this article, or in default
of the filing of such application or prospectus, at the last address
known to the department. Service of such process shall be complete upon
receipt by the department of a return receipt purporting to be signed by
the addressee or a person qualified to receive his or its registered or
certified mail, in accordance with the rules and customs of the post
office department, or, if acceptance was refused or unclaimed by the
addressee or his or its agent, or if the addressee moved without leaving
a forwarding address, upon return to the department of the original
envelope bearing a notation by the postal authorities that receipt ther-
eof was refused or that such mail was otherwise undeliverable.
S 25. Paragraph 4 of subdivision (e) of section 203 of the limited
liability company law, as added by chapter 470 of the laws of 1997, is
amended to read as follows:
(4) a designation of the secretary of state as agent of the limited
liability company upon whom process against it may be served and the
post office address, within or without this state, to which [the secre-
tary of state] A PERSON shall mail a copy of any process against the
limited liability company served upon [him or her] THE SECRETARY OF
STATE;
S 26. Paragraph 4 of subdivision (a) of section 206 of the limited
liability company law, as amended by chapter 44 of the laws of 2006, is
amended to read as follows:
(4) a statement that the secretary of state has been designated as
agent of the limited liability company upon whom process against it may
be served and the post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him or her] THE SECRETARY OF STATE;
S. 6408--A 40 A. 9008--A
S 27. Paragraph 6 of subdivision (d) of section 211 of the limited
liability company law is amended to read as follows:
(6) a change in the post office address to which [the secretary of
state] A PERSON shall mail a copy of any process against the limited
liability company served upon [him or her] THE SECRETARY OF STATE if
such change is made other than pursuant to section three hundred one of
this chapter;
S 28. Section 211-A of the limited liability company law, as added by
chapter 448 of the laws of 1998, is amended to read as follows:
S 211-A. Certificate of change. (a) A limited liability company may
amend its articles of organization from time to time to (i) specify or
change the location of the limited liability company's office; (ii)
specify or change the post office address to which [the secretary of
state] A PERSON shall mail a copy of any process against the limited
liability company served upon [him] THE SECRETARY OF STATE; and (iii)
make, revoke or change the designation of a registered agent, or specify
or change the address of the registered agent. Any one or more such
changes may be accomplished by filing a certificate of change which
shall be entitled "Certificate of Change of ....... (name of limited
liability company) under section 211-A of the Limited Liability Company
Law" and shall be signed and delivered to the department of state. It
shall set forth:
(1) the name of the limited liability company, and if it has been
changed, the name under which it was formed;
(2) the date the articles of organization were filed by the department
of state; and
(3) each change effected thereby.
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against a limited liability company served upon [him or] THE
SECRETARY OF STATE AND/OR the address of the registered agent, provided
such address being changed is the address of a person, partnership,
LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the
address to be changed or who has been designated as registered agent for
such limited liability company may be signed and delivered to the
department of state by such agent. The certificate of change shall set
forth the statements required under subdivision (a) of this section;
that a notice of the proposed change was mailed to the domestic limited
liability company by the party signing the certificate not less than
thirty days prior to the date of delivery to the department of state and
that such domestic limited liability company has not objected thereto;
and that the party signing the certificate is the agent of such limited
liability company to whose address [the secretary of state] A PERSON is
required to mail copies of process SERVED ON THE SECRETARY OF STATE or
the registered agent, if such be the case. A certificate signed and
delivered under this subdivision shall not be deemed to effect a change
of location of the office of the limited liability company in whose
behalf such certificate is filed.
S 29. Paragraph 2 of subdivision (b) of section 213 of the limited
liability company law is amended to read as follows:
(2) to change the post office address to which [the secretary of
state] A PERSON shall mail a copy of any process against the limited
liability company served upon [him or her] THE SECRETARY OF STATE; and
S 30. Subdivisions (c) and (e) of section 301 of the limited liability
company law, subdivision (e) as amended by section 5 of part S of chap-
ter 59 of the laws of 2015, are amended to read as follows:
S. 6408--A 41 A. 9008--A
(c) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A
DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABILITY COMPANY
SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS
STATE, TO WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE
LIMITED LIABILITY COMPANY AS REQUIRED BY THIS ARTICLE. Any designated
post office address to which the secretary of state OR A PERSON shall
mail a copy of process served upon [him or her] THE SECRETARY OF STATE
as agent of a domestic limited liability company or a foreign limited
liability company shall continue until the filing of a certificate under
this chapter directing the mailing to a different post office address.
[(e)] (D) (1) Except as otherwise provided in this subdivision, every
limited liability company to which this chapter applies, shall biennial-
ly in the calendar month during which its articles of organization or
application for authority were filed, or effective date thereof if stat-
ed, file on forms prescribed by the secretary of state, a statement
setting forth the post office address within or without this state to
which [the secretary of state] A PERSON shall mail a copy of any process
accepted against it served upon [him or her] THE SECRETARY OF STATE.
Such address shall supersede any previous address on file with the
department of state for this purpose.
(2) The commissioner of taxation and finance and the secretary of
state may agree to allow limited liability companies to include the
statement specified in paragraph one of this subdivision on tax reports
filed with the department of taxation and finance in lieu of biennial
statements and in a manner prescribed by the commissioner of taxation
and finance. If this agreement is made, starting with taxable years
beginning on or after January first, two thousand sixteen, each limited
liability company required to file the statement specified in paragraph
one of this subdivision that is subject to the filing fee imposed by
paragraph three of subsection (c) of section six hundred fifty-eight of
the tax law shall provide such statement annually on its filing fee
payment form filed with the department of taxation and finance in lieu
of filing a statement under this section with the department of state.
However, each limited liability company required to file a statement
under this section must continue to file the biennial statement required
by this section with the department of state until the limited liability
company in fact has filed a filing fee payment form with the department
of taxation and finance that includes all required information. After
that time, the limited liability company shall continue to provide annu-
ally the statement specified in paragraph one of this subdivision on its
filing fee payment form in lieu of the biennial statement required by
this subdivision.
(3) If the agreement described in paragraph two of this subdivision is
made, the department of taxation and finance shall deliver to the
department of state the statement specified in paragraph one of this
subdivision contained on filing fee payment forms. The department of
taxation and finance must, to the extent feasible, also include the
current name of the limited liability company, department of state iden-
tification number for such limited liability company, the name, signa-
ture and capacity of the signer of the statement, name and street
address of the filer of the statement, and the email address, if any, of
the filer of the statement.
S 31. Paragraphs 2 and 3 of subdivision (a), subparagraph (ii) of
paragraph 2 and subparagraph (ii) of paragraph 3 of subdivision (e) of
S. 6408--A 42 A. 9008--A
section 301-A of the limited liability company law, as added by chapter
448 of the laws of 1998, are amended to read as follows:
(2) that the address of the party has been designated by the limited
liability company as the post office address to which [the secretary of
state] A PERSON shall mail a copy of any process served on the secretary
of state as agent for such limited liability company, SUCH ADDRESS and
that such party wishes to resign.
(3) that sixty days prior to the filing of the certificate of resigna-
tion OR RECEIPT OF PROCESS with the department of state the party has
sent a copy of the certificate of resignation for receipt of process by
registered or certified mail to the address of the registered agent of
the designated limited liability company, if other than the party filing
the certificate of resignation[,] for receipt of process, or if the
[resigning] DESIGNATING limited liability company has no registered
agent, then to the last address of the designated limited liability
company known to the party, specifying the address to which the copy was
sent. If there is no registered agent and no known address of the desig-
nating limited liability company, the party shall attach an affidavit to
the certificate stating that a diligent but unsuccessful search was made
by the party to locate the limited liability company, specifying what
efforts were made.
(ii) sent by or on behalf of the plaintiff to such limited LIABILITY
company by registered or certified mail with return receipt requested to
the last address of such limited liability company known to the plain-
tiff.
(ii) Where service of a copy of process was effected by mailing in
accordance with this section, proof of service shall be by affidavit of
compliance with this section filed, together with the process, within
thirty days after receipt of the return receipt signed by the limited
liability company or other official proof of delivery or of the original
envelope mailed. If a copy of the process is mailed in accordance with
this section, there shall be filed with the affidavit of compliance
either the return receipt signed by such limited LIABILITY company or
other official proof of delivery, if acceptance was refused by it, the
original envelope with a notation by the postal authorities that accept-
ance was refused. If acceptance was refused a copy of the notice and
process together with notice of the mailing by registered or certified
mail and refusal to accept shall be promptly sent to such limited
liability company at the same address by ordinary mail and the affidavit
of compliance shall so state. Service of process shall be complete ten
days after such papers are filed with the clerk of the court. The
refusal to accept delivery of the registered or certified mail or to
sign the return receipt shall not affect the validity of the service and
such limited liability company refusing to accept such registered or
certified mail shall be charged with knowledge of the contents thereof.
S 32. Subdivision (a) of section 303 of the limited liability company
law, as relettered by chapter 341 of the laws of 1999, is amended to
read as follows:
(a) Service of process on the secretary of state as agent of a domes-
tic limited liability company, [or] authorized foreign limited liability
company, OR OTHER BUSINESS ENTITY THAT HAS DESIGNATED THE SECRETARY OF
STATE AS AGENT FOR SERVICE OF PROCESS PURSUANT TO ARTICLE TEN OF THIS
CHAPTER, SHALL BE MADE BY MAILING THE PROCESS AND NOTICE OF SERVICE
THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH LIMITED
LIABILITY COMPANY OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS,
ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE
S. 6408--A 43 A. 9008--A
SAME DAY AS SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND
PROOF OF MAILING shall be [made by] personally [delivering] DELIVERED to
and [leaving] LEFT with the secretary of state or his or her deputy, or
with any person authorized by the secretary of state to receive such
service, at the office of the department of state in the city of Albany,
[duplicate copies of such process] together with the statutory fee,
which fee shall be a taxable disbursement. PROOF OF MAILING SHALL BE BY
AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of process on such
limited liability company OR OTHER BUSINESS ENTITY shall be complete
when the secretary of state is so served. [The secretary of state shall
promptly send one of such copies by certified mail, return receipt
requested, to such limited liability company at the post office address
on file in the department of state specified for that purpose.]
S 33. Section 305 of the limited liability company law is amended to
read as follows:
S 305. Records of process served on the secretary of state. The
[secretary of state] DEPARTMENT OF STATE shall keep a record of each
process served upon the secretary of state under this chapter, including
the date of such service [and the action of the secretary of state with
reference thereto]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH
SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT
OF THE PROCESS BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH
SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE
SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE DEPART-
MENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE.
S 34. Paragraph 4 of subdivision (a) of section 802 of the limited
liability company law, as amend by chapter 470 of the laws of 1997, is
amended to read as follows:
(4) a designation of the secretary of state as its agent upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him or her] THE
SECRETARY OF STATE;
S 35. Section 804-A of the limited liability company law, as added by
chapter 448 of the laws of 1998, is amended to read as follows:
S 804-A. Certificate of change. (a) A foreign limited liability compa-
ny may amend its application for authority from time to time to (i)
specify or change the location of the limited liability company's
office; (ii) specify or change the post office address to which [the
secretary of state] A PERSON shall mail a copy of any process against
the limited liability company served upon [him] THE SECRETARY OF STATE;
and (iii) to make, revoke or change the designation of a registered
agent, or to specify or change the address of a registered agent. Any
one or more such changes may be accomplished by filing a certificate of
change which shall be entitled "Certificate of Change of ........ (name
of limited liability company) under section 804-A of the Limited Liabil-
ity Company Law" and shall be signed and delivered to the department of
state. It shall set forth:
(1) the name of the foreign limited liability company and, if applica-
ble, the fictitious name the limited liability company has agreed to use
in this state pursuant to section eight hundred two of this article;
(2) the date its application for authority was filed by the department
of state; and
(3) each change effected thereby[,].
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
S. 6408--A 44 A. 9008--A
process against a foreign limited liability company served upon [him or]
THE SECRETARY OF STATE AND/OR the address of the registered agent,
provided such address being changed is the address of a person, partner-
ship [or], corporation OR OTHER LIMITED LIABILITY COMPANY whose address,
as agent, is the address to be changed or who has been designated as
registered agent for such limited liability company may be signed and
delivered to the department of state by such agent. The certificate of
change shall set forth the statements required under subdivision (a) of
this section; that a notice of the proposed change was mailed to the
foreign limited liability company by the party signing the certificate
not less than thirty days prior to the date of delivery to the depart-
ment of state and that such foreign limited liability company has not
objected thereto; and that the party signing the certificate is the
agent of such foreign limited liability company to whose address [the
secretary of state] A PERSON is required to mail copies of process
SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the
case. A certificate signed and delivered under this subdivision shall
not be deemed to effect a change of location of the office of the
foreign limited liability company in whose behalf such certificate is
filed.
S 36. Paragraph 6 of subdivision (b) of section 806 of the limited
liability company law is amended to read as follows:
(6) a post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him or her] THE SECRETARY OF STATE.
S 37. Paragraph 11 of subdivision (a) of section 1003 of the limited
liability company law, as amended by chapter 374 of the laws of 1998, is
amended to read as follows:
(11) a designation of the secretary of state as its agent upon whom
process against it may be served in the manner set forth in article
three of this chapter in any action or special proceeding, and a post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process served upon [him or
her] THE SECRETARY OF STATE. Such post office address shall supersede
any prior address designated as the address to which process shall be
mailed;
S 38. Clause (iv) of subparagraph (A) of paragraph 2 of subdivision
(c) of section 1203 of the limited liability company law, as amended by
chapter 44 of the laws of 2006, is amended to read as follows:
(iv) a statement that the secretary of state has been designated as
agent of the professional service limited liability company upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him or her] THE
SECRETARY OF STATE;
S 39. Paragraph 6 of subdivision (a) and subparagraph 5 of paragraph
(i) of subdivision (d) of section 1306 of the limited liability company
law, subparagraph 5 of paragraph (i) of subdivision (d) as amended by
chapter 44 of the laws of 2006, are amended to read as follows:
(6) a designation of the secretary of state as its agent upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him or her] THE
SECRETARY OF STATE; and
(5) a statement that the secretary of state has been designated as
agent of the foreign professional service limited liability company upon
S. 6408--A 45 A. 9008--A
whom process against it may be served and the post office address, with-
in or without this state, to which [the secretary of state] A PERSON
shall mail a copy of any process against it served upon [him or her] THE
SECRETARY OF STATE;
S 40. Paragraph (d) of section 304 of the not-for-profit corporation
law, as amended by chapter 358 of the laws of 2015, is amended to read
as follows:
(d) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A
DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL BE DEEMED TO BE THE
POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A PERSON
SHALL MAIL THE PROCESS SERVED AGAINST THE CORPORATION AS REQUIRED BY
THIS ARTICLE. Any designated [post-office] POST OFFICE address to which
the secretary of state OR A PERSON shall mail a copy of process served
upon [him or her] THE SECRETARY OF STATE as agent of a domestic corpo-
ration formed under article four of this chapter or foreign corporation,
shall continue until the filing of a certificate under this chapter
directing the mailing to a different [post-office] POST OFFICE address.
S 41. Paragraph (a) of section 305 of the not-for-profit corporation
law, as amended by chapter 549 of the laws of 2013, is amended to read
as follows:
(a) Every domestic corporation or authorized foreign corporation may
designate a registered agent in this state upon whom process against
such corporation may be served. The agent shall be a natural person who
is a resident of or has a business address in this state or a domestic
corporation or foreign corporation of any kind formed[,] or authorized
to do business in this state, under this chapter or under any other
statute of this state, OR A DOMESTIC LIMITED LIABILITY COMPANY OR A
FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN THIS
STATE.
S 42. Paragraph (b) of section 306 of the not-for-profit corporation
law, as amended by chapter 23 of the laws of 2014, is amended to read as
follows:
(b) Service of process on the secretary of state as agent of a domes-
tic corporation formed under article four of this chapter or an author-
ized foreign corporation shall be made by MAILING THE PROCESS AND NOTICE
OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH
CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS, ON
FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME
DAY THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND
PROOF OF MAILING SHALL BE personally [delivering] DELIVERED to and
[leaving] LEFT with the secretary of state or his or her deputy, or with
any person authorized by the secretary of state to receive such service,
at the office of the department of state in the city of Albany, [dupli-
cate copies of such process] together with the statutory fee, which fee
shall be a taxable disbursement. PROOF OF MAILING SHALL BE BY AFFIDAVIT
OF COMPLIANCE WITH THIS SECTION. Service of process on such corporation
OR OTHER BUSINESS ENTITY shall be complete when the secretary of state
is so served. [The secretary of state shall promptly send one of such
copies by certified mail, return receipt requested, to such corporation,
at the post office address, on file in the department of state, speci-
fied for the purpose.] If a domestic corporation formed under article
four of this chapter or an authorized foreign corporation has no such
address on file in the department of state, the [secretary of state
shall so mail such] DUPLICATE copy OF THE PROCESS SHALL BE MAILED to
S. 6408--A 46 A. 9008--A
such corporation at the address of its office within this state on file
in the department.
S 43. Subparagraph 6 of paragraph (a) of section 402 of the not-for-
profit corporation law, as added by chapter 564 of the laws of 1981 and
as renumbered by chapter 132 of the laws of 1985, is amended to read as
follows:
(6) A designation of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
S 44. Subparagraph 7 of paragraph (b) of section 801 of the not-for-
profit corporation law, as amended by chapter 438 of the laws of 1984,
is amended to read as follows:
(7) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against the
corporation served upon [him] THE SECRETARY OF STATE.
S 45. Subparagraph 2 of paragraph (c) of section 802 of the not-for-
profit corporation law, as amended by chapter 186 of the laws of 1983,
is amended to read as follows:
(2) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against the
corporation served upon [him] THE SECRETARY OF STATE.
S 46. Subparagraph 6 of paragraph (a) of section 803 of the not-for-
profit corporation law, as amended by chapter 23 of the laws of 2014, is
amended to read as follows:
(6) A designation of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and the post office
address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process against it served upon
the secretary OF STATE.
S 47. Paragraph (b) of section 803-A of the not-for-profit corporation
law, as amended by chapter 172 of the laws of 1999, is amended to read
as follows:
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against the corporation served upon [him or] THE SECRETARY OF
STATE AND/OR the address of the registered agent, provided such address
being changed is the address of a person, partnership, LIMITED LIABILITY
COMPANY or other corporation whose address, as agent, is the address to
be changed or who has been designated as registered agent for such
corporation, may be signed and delivered to the department of state by
such agent. The certificate of change shall set forth the statements
required under subparagraphs (1), (2) and (3) of paragraph (a) of this
section; that a notice of the proposed change was mailed to the corpo-
ration by the party signing the certificate not less than thirty days
prior to the date of delivery to the department and that such corpo-
ration has not objected thereto; and that the party signing the certif-
icate is the agent of such corporation to whose address [the secretary
of state] A PERSON is required to mail copies of any process against the
corporation served upon [him] THE SECRETARY OF STATE or the registered
agent, if such be the case. A certificate signed and delivered under
this paragraph shall not be deemed to effect a change of location of the
office of the corporation in whose behalf such certificate is filed.
S. 6408--A 47 A. 9008--A
S 48. Clause (E) of subparagraph 2 of paragraph (d) of section 906 of
the not-for-profit corporation law, as amended by chapter 1058 of the
laws of 1971, is amended to read as follows:
(E) A designation of the secretary of state as its agent upon whom
process against it may be served in the manner set forth in paragraph
(b) of section 306 (Service of process), in any action or special
proceeding described in subparagraph (D) and a post office address,
within or without this state, to which [the secretary of state] A PERSON
shall mail a copy of the process in such action or special proceeding
SERVED UPON THE SECRETARY OF STATE.
S 49. Clause (F) of subparagraph 2 of paragraph (d) of section 908 of
the not-for-profit corporation law, is amended to read as follows:
(F) A designation of the secretary of state as his agent upon whom
process against it may be served in the manner set forth in paragraph
(b) of section 306 (Service of process), in any action or special
proceeding described in [subparagraph] CLAUSE (D) and a post office
address, within or without the state, to which [the secretary of state]
A PERSON shall mail a copy of the process in such action or special
proceeding SERVED UPON BY THE SECRETARY OF STATE.
S 50. Subparagraph 6 of paragraph (a) of section 1304 of the not-for-
profit corporation law, as renumbered by chapter 590 of the laws of
1982, is amended to read as follows:
(6) A designation of the secretary of state as its agent upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
S 51. Subparagraph 7 of paragraph (a) of section 1308 of the not-for-
profit corporation law, as renumbered by chapter 186 of the laws of
1983, is amended to read as follows:
(7) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
S 52. Subparagraph 2 of paragraph (a) and paragraph (c) of section
1310 of the not-for-profit corporation law, paragraph (c) as amended by
chapter 172 of the laws of 1999, is amended to read as follows:
(2) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
(c) A certificate of change of application for authority which changes
only the post office address to which [the secretary of state] A PERSON
shall mail a copy of any process against an authorized foreign corpo-
ration served upon [him or] THE SECRETARY OF STATE AND/OR which changes
the address of its registered agent, provided such address is the
address of a person, partnership, LIMITED LIABILITY COMPANY or other
corporation whose address, as agent, is the address to be changed or who
has been designated as registered agent for such authorized foreign
corporation, may be signed and delivered to the department of state by
such agent. The certificate of change of application for authority shall
set forth the statements required under subparagraphs (1), (2), (3) and
(4) of paragraph (b) of this section; that a notice of the proposed
change was mailed by the party signing the certificate to the authorized
foreign corporation not less than thirty days prior to the date of
delivery to the department and that such corporation has not objected
thereto; and that the party signing the certificate is the agent of such
foreign corporation to whose address [the secretary of state] A PERSON
S. 6408--A 48 A. 9008--A
is required to mail copies of process SERVED ON THE SECRETARY OF STATE
or the registered agent, if such be the case. A certificate signed and
delivered under this paragraph shall not be deemed to effect a change of
location of the office of the corporation in whose behalf such certif-
icate is filed.
S 53. Subparagraph 6 of paragraph (a) and subparagraph 4 of paragraph
(d) of section 1311 of the not-for-profit corporation law are amended to
read as follows:
(6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
(4) The changed post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.
S 54. Section 1312 of the not-for-profit corporation law, as amended
by chapter 375 of the laws of 1998, is amended to read as follows:
S 1312. Termination of existence.
When an authorized foreign corporation is dissolved or its authority
or existence is otherwise terminated or cancelled in the jurisdiction of
its incorporation or when such foreign corporation is merged into or
consolidated with another foreign corporation, a certificate of the
secretary of state, or official performing the equivalent function as to
corporate records, of the jurisdiction of incorporation of such foreign
corporation attesting to the occurrence of any such event or a certified
copy of an order or decree of a court of such jurisdiction directing the
dissolution of such foreign corporation, the termination of its exist-
ence or the cancellation of its authority shall be delivered to the
department of state. The filing of the certificate, order or decree
shall have the same effect as the filing of a certificate of surrender
of authority under section 1311 (Surrender of authority). The secretary
of state shall continue as agent of the foreign corporation upon whom
process against it may be served in the manner set forth in paragraph
(b) of section 306 (Service of process), in any action or special
proceeding based upon any liability or obligation incurred by the
foreign corporation within this state prior to the filing of such
certificate, order or decree and [he] THE PERSON SERVING SUCH PROCESS
shall promptly cause a copy of any such process to be mailed by [regis-
tered] CERTIFIED mail, return receipt requested, to such foreign corpo-
ration at the post office address on file in his office specified for
such purpose. The post office address may be changed by signing and
delivering to the department of state a certificate of change setting
forth the statements required under section 1310 (Certificate of change,
contents) to effect a change in the post office address under subpara-
graph (a) (4) of section 1308 (Amendments or changes).
S 55. Subdivision (c) of section 121-104 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
(c) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A
DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PARTNERSHIP SHALL BE
DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO
WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE LIMITED PART-
NERSHIP AS REQUIRED BY THIS ARTICLE. Any designated post office address
to which the secretary of state OR A PERSON shall mail a copy of process
served upon [him] THE SECRETARY OF STATE as agent of a domestic limited
partnership or foreign limited partnership shall continue until the
S. 6408--A 49 A. 9008--A
filing of a certificate under this article directing the mailing to a
different post office address.
S 56. Paragraphs 1, 2 and 3 of subdivision (a) of section 121-104-A of
the partnership law, as added by chapter 448 of the laws of 1998, are
amended to read as follows:
(1) the name of the limited partnership and the date that its [arti-
cles of organization] CERTIFICATE OF LIMITED PARTNERSHIP or application
for authority was filed by the department of state.
(2) that the address of the party has been designated by the limited
partnership as the post office address to which [the secretary of state]
A PERSON shall mail a copy of any process served on the secretary of
state as agent for such limited partnership, and that such party wishes
to resign.
(3) that sixty days prior to the filing of the certificate of resigna-
tion FOR RECEIPT OF PROCESS with the department of state the party has
sent a copy of the certificate of resignation for receipt of process by
registered or certified mail to the address of the registered agent of
the [designated] DESIGNATING limited partnership, if other than the
party filing the certificate of resignation[,] for receipt of process,
or if the [resigning] DESIGNATING limited partnership has no registered
agent, then to the last address of the [designated] DESIGNATING limited
partnership, known to the party, specifying the address to which the
copy was sent. If there is no registered agent and no known address of
the designating limited partnership the party shall attach an affidavit
to the certificate stating that a diligent but unsuccessful search was
made by the party to locate the limited partnership, specifying what
efforts were made.
S 57. Subdivision (a) of section 121-105 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
(a) In addition to the designation of the secretary of state, each
limited partnership or authorized foreign limited partnership may desig-
nate a registered agent upon whom process against the limited partner-
ship may be served. The agent must be (i) a natural person who is a
resident of this state or has a business address in this state, [or]
(ii) a domestic corporation or a foreign corporation authorized to do
business in this state, OR A DOMESTIC LIMITED LIABILITY COMPANY OR A
FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN THIS
STATE.
S 58. Subdivisions (a) and (c) of section 121-109 of the partnership
law, as added by chapter 950 of the laws of 1990 and as relettered by
chapter 341 of the laws of 1999, are amended to read as follows:
(a) Service of process on the secretary of state as agent of a domes-
tic or authorized foreign limited partnership, OR OTHER BUSINESS ENTITY
THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROC-
ESS PURSUANT TO THIS CHAPTER, shall be made [as follows:
(1) By] BY MAILING THE PROCESS AND NOTICE OF SERVICE OF PROCESS PURSU-
ANT TO THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH
DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP OR OTHER BUSINESS
ENTITY, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE,
SPECIFIED FOR THAT PURPOSE. ON THE SAME DAY AS THE PROCESS IS MAILED, A
DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING SHALL BE personally
[delivering] DELIVERED to and [leaving] LEFT with [him or his] THE
SECRETARY OF STATE OR A deputy, or with any person authorized by the
secretary of state to receive such service, at the office of the depart-
ment of state in the city of Albany, [duplicate copies of such process]
together with the statutory fee, which fee shall be a taxable disburse-
S. 6408--A 50 A. 9008--A
ment. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
SECTION. SERVICE OF PROCESS ON SUCH LIMITED PARTNERSHIP OR OTHER BUSI-
NESS ENTITY SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED.
[(2) The service on the limited partnership is complete when the
secretary of state is so served.
(3) The secretary of state shall promptly send one of such copies by
certified mail, return receipt requested, addressed to the limited part-
nership at the post office address, on file in the department of state,
specified for that purpose.]
(c) The [secretary of state] DEPARTMENT OF STATE shall keep a record
of all process served upon [him] IT under this section and shall record
therein the date of such service [and his action with reference there-
to]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE
A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF THE PROCESS
BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE
RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE SECRETARY OF STATE
UNDER THIS CHAPTER SHALL BE DESTROYED BY HIM AFTER A PERIOD OF TEN YEARS
FROM SUCH SERVICE.
S 59. Paragraph 3 of subdivision (a) and subparagraph 4 of paragraph
(i) of subdivision (c) of section 121-201 of the partnership law, para-
graph 3 of subdivision (a) as amended by chapter 264 of the laws of
1991, and subparagraph 4 of paragraph (i) of subdivision (c), as amended
by chapter 44 of the laws of 2006, are amended to read as follows:
(3) a designation of the secretary of state as agent of the limited
partnership upon whom process against it may be served and the post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process against it served upon
[him] THE SECRETARY OF STATE;
(4) a statement that the secretary of state has been designated as
agent of the limited partnership upon whom process against it may be
served and the post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him or her] THE SECRETARY OF STATE;
S 60. Paragraph 4 of subdivision (b) of section 121-202 of the part-
nership law, as amended by chapter 576 of the laws of 1994, is amended
to read as follows:
(4) a change in the name of the limited partnership, or a change in
the post office address to which [the secretary of state] A PERSON shall
mail a copy of any process against the limited partnership served on
[him] THE SECRETARY OF STATE, or a change in the name or address of the
registered agent, if such change is made other than pursuant to section
121-104 or 121-105 of this article.
S 61. Section 121-202-A of the partnership law, as added by chapter
448 of the laws of 1998, and paragraph 2 of subdivision (a) as amended
by chapter 172 of the laws of 1999, is amended to read as follows:
S 121-202-A. Certificate of change. (a) A certificate of limited part-
nership may be changed by filing with the department of state a certif-
icate of change entitled "Certificate of Change of ..... (name of limit-
ed partnership) under Section 121-202-A of the Revised Limited
Partnership Act" and shall be signed and delivered to the department of
state. A certificate of change may (i) specify or change the location of
the limited partnership's office; (ii) specify or change the post office
address to which [the secretary of state] A PERSON shall mail a copy of
process against the limited partnership served upon [him] THE SECRETARY
OF STATE; and (iii) make, revoke or change the designation of a regis-
S. 6408--A 51 A. 9008--A
tered agent, or to specify or change the address of its registered
agent. It shall set forth:
(1) the name of the limited partnership, and if it has been changed,
the name under which it was formed;
(2) the date its certificate of limited partnership was filed by the
department of state; and
(3) each change effected thereby.
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against a limited partnership served upon [him or] THE SECRETARY
OF STATE AND/OR the address of the registered agent, provided such
address being changed is the address of a person, partnership, LIMITED
LIABILITY CORPORATION or corporation whose address, as agent, is the
address to be changed or who has been designated as registered agent for
such limited partnership shall be signed and delivered to the department
of state by such agent. The certificate of change shall set forth the
statements required under subdivision (a) of this section; that a notice
of the proposed change was mailed to the domestic limited partnership by
the party signing the certificate not less than thirty days prior to the
date of delivery to the department of state and that such domestic
limited partnership has not objected thereto; and that the party signing
the certificate is the agent of such limited partnership to whose
address [the secretary of state] A PERSON is required to mail copies of
process SERVED ON THE SECRETARY OF STATE or the registered agent, if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the limited partnership in whose behalf such certificate is filed.
S 62. Paragraph 4 of subdivision (a) and subparagraph 5 of paragraph
(i) of subdivision (d) of section 121-902 of the partnership law, para-
graph 4 of subdivision (a) as amended by chapter 172 of the laws of 1999
and subparagraph 5 of paragraph (i) of subdivision (d) as amended by
chapter 44 of the laws of 2006, are amended to read as follows:
(4) a designation of the secretary of state as its agent upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE;
(5) a statement that the secretary of state has been designated as its
agent upon whom process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served upon [him or
her] THE SECRETARY OF STATE;
S 63. Section 121-903-A of the partnership law, as added by chapter
448 of the laws of 1998, is amended to read as follows:
S 121-903-A. Certificate of change. (a) A foreign limited partnership
may change its application for authority by filing with the department
of state a certificate of change entitled "Certificate of Change
of ........ (name of limited partnership) under Section 121-903-A of the
Revised Limited Partnership Act" and shall be signed and delivered to
the department of state. A certificate of change may (i) change the
location of the limited partnership's office; (ii) change the post
office address to which [the secretary of state] A PERSON shall mail a
copy of process against the limited partnership served upon [him] THE
SECRETARY OF STATE; and (iii) make, revoke or change the designation of
a registered agent, or to specify or change the address of its regis-
tered agent. It shall set forth:
S. 6408--A 52 A. 9008--A
(1) the name of the foreign limited partnership and, if applicable,
the fictitious name the foreign limited partnership has agreed to use in
this state pursuant to section 121-902 of this article;
(2) the date its application for authority was filed by the department
of state; and
(3) each change effected thereby.
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against a foreign limited partnership served upon [him or] THE
SECRETARY OF STATE AND/OR the address of the registered agent, provided
such address being changed is the address of a person, partnership,
LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the
address to be changed or who has been designated as registered agent for
such foreign limited partnership shall be signed and delivered to the
department of state by such agent. The certificate of change shall set
forth the statements required under subdivision (a) of this section;
that a notice of the proposed change was mailed to the foreign limited
partnership by the party signing the certificate not less than thirty
days prior to the date of delivery to the department of state and that
such foreign limited partnership has not objected thereto; and that the
party signing the certificate is the agent of such foreign limited part-
nership to whose address [the secretary of state] A PERSON is required
to mail copies of process SERVED ON THE SECRETARY OF STATE or the regis-
tered agent, if such be the case. A certificate signed and delivered
under this subdivision shall not be deemed to effect a change of
location of the office of the limited partnership in whose behalf such
certificate is filed.
S 64. Paragraph 6 of subdivision (b) of section 121-905 of the part-
nership law, as added by chapter 950 of the laws of 1990, is amended to
read as follows:
(6) a post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
S 65. Paragraph 7 of subdivision (a) of section 121-1103 of the part-
nership law, as added by chapter 950 of the laws of 1990, is amended to
read as follows:
(7) A designation of the secretary of state as its agent upon whom
process against it may be served in the manner set forth in section
121-109 of this article in any action or special proceeding, and a post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process served upon [him] THE
SECRETARY OF STATE. Such post office address shall supersede any prior
address designated as the address to which process shall be mailed.
S 66. Subparagraphs 2 and 4 of paragraph (I) of subdivision (a) and
clause 4 of subparagraph (A) of paragraph (II) of section 121-1500 of
the partnership law, subparagraph 2 of paragraph (I) as added by chapter
576 of the laws of 1994, subparagraph 4 of paragraph (I) as amended by
chapter 643 of the laws of 1995 and such paragraph as redesignated by
chapter 767 of the laws of 2005 and clause 4 of subparagraph (A) of
paragraph (II) as amended by chapter 44 of the laws of 2006, are amended
to read as follows:
(2) the address, WITHIN THIS STATE, of the principal office of the
partnership without limited partners;
(4) a designation of the secretary of state as agent of the partner-
ship without limited partners upon whom process against it may be served
and the post office address, within or without this state, to which the
S. 6408--A 53 A. 9008--A
[secretary of state] A PERSON shall mail a copy of any process against
it or served [upon it] ON THE SECRETARY OF STATE;
(4) a statement that the secretary of state has been designated as
agent of the registered limited liability partnership upon whom process
against it may be served and the post office address, within or without
this state, to which [the secretary of state] A PERSON shall mail a copy
of any process against it served upon [him or her] THE SECRETARY OF
STATE;
S 67. Paragraphs (ii) and (iii) of subdivision (g) of section 121-1500
of the partnership law, as amended by section 8 of part S of chapter 59
of the laws of 2015, are amended to read as follows:
(ii) the address, WITHIN THIS STATE, of the principal office of the
registered limited liability partnership, (iii) the post office address,
within or without this state, to which [the secretary of state] A PERSON
shall mail a copy of any process accepted against it served upon [him or
her] THE SECRETARY OF STATE, which address shall supersede any previous
address on file with the department of state for this purpose, and
S 68. Subdivision (j-1) of section 121-1500 of the partnership law, as
added by chapter 448 of the laws of 1998, is amended to read as follows:
(j-1) A certificate of change which changes only the post office
address to which [the secretary of state] A PERSON shall mail a copy of
any process against a registered limited liability partnership served
upon [him] THE SECRETARY OF STATE AND/or the address of the registered
agent, provided such address being changed is the address of a person,
partnership, LIMITED LIABILITY COMPANY or corporation whose address, as
agent, is the address to be changed or who has been designated as regis-
tered agent for such registered limited liability partnership shall be
signed and delivered to the department of state by such agent. The
certificate of change shall set forth: (i) the name of the registered
limited liability partnership and, if it has been changed, the name
under which it was originally filed with the department of state; (ii)
the date of filing of its initial registration or notice statement;
(iii) each change effected thereby; (iv) that a notice of the proposed
change was mailed to the limited liability partnership by the party
signing the certificate not less than thirty days prior to the date of
delivery to the department of state and that such limited liability
partnership has not objected thereto; and (v) that the party signing the
certificate is the agent of such limited liability partnership to whose
address [the secretary of state] A PERSON is required to mail copies of
process SERVED ON THE SECRETARY OF STATE or the registered agent, if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the limited liability partnership in whose behalf such certificate is
filed. The certificate of change shall be accompanied by a fee of five
dollars.
S 69. Subdivision (a) of section 121-1502 of the partnership law, as
amended by chapter 643 of the laws of 1995, and paragraph (v) as amended
by chapter 470 of the laws of 1997, are amended to read as follows:
(a) In order for a foreign limited liability partnership to carry on
or conduct or transact business or activities as a New York registered
foreign limited liability partnership in this state, such foreign limit-
ed liability partnership shall file with the department of state a
notice which shall set forth: (i) the name under which the foreign
limited liability partnership intends to carry on or conduct or transact
business or activities in this state; (ii) the date on which and the
jurisdiction in which it registered as a limited liability partnership;
S. 6408--A 54 A. 9008--A
(iii) the address, WITHIN THIS STATE, of the principal office of the
foreign limited liability partnership; (iv) the profession or
professions to be practiced by such foreign limited liability partner-
ship and a statement that it is a foreign limited liability partnership
eligible to file a notice under this chapter; (v) a designation of the
secretary of state as agent of the foreign limited liability partnership
upon whom process against it may be served and the post office address
within or without this state, to which [the secretary of state] A PERSON
shall mail a copy of any process against it [or] served upon [it] THE
SECRETARY OF STATE; (vi) if the foreign limited liability partnership is
to have a registered agent, its name and address in this state and a
statement that the registered agent is to be the agent of the foreign
limited liability partnership upon whom process against it may be
served; (vii) a statement that its registration as a limited liability
partnership is effective in the jurisdiction in which it registered as a
limited liability partnership at the time of the filing of such notice;
(viii) a statement that the foreign limited liability partnership is
filing a notice in order to obtain status as a New York registered
foreign limited liability partnership; (ix) if the registration of the
foreign limited liability partnership is to be effective on a date later
than the time of filing, the date, not to exceed sixty days from the
date of filing, of such proposed effectiveness; and (x) any other
matters the foreign limited liability partnership determines to include
in the notice. Such notice shall be accompanied by either (1) a copy of
the last registration or renewal registration (or similar filing), if
any, filed by the foreign limited liability partnership with the juris-
diction where it registered as a limited liability partnership or (2) a
certificate, issued by the jurisdiction where it registered as a limited
liability partnership, substantially to the effect that such foreign
limited liability partnership has filed a registration as a limited
liability partnership which is effective on the date of the certificate
(if such registration, renewal registration or certificate is in a
foreign language, a translation thereof under oath of the translator
shall be attached thereto). Such notice shall also be accompanied by a
fee of two hundred fifty dollars.
S 70. Subparagraphs (ii) and (iii) of paragraph (I) of subdivision (f)
of section 121-1502 of the partnership law, as amended by section 9 of
part S of chapter 59 of the laws of 2015, is amended to read as follows:
(ii) the address, WITHIN THIS STATE, of the principal office of the
New York registered foreign limited liability partnership, (iii) the
post office address, within or without this state, to which [the secre-
tary of state] A PERSON shall mail a copy of any process accepted
against it served upon [him or her] THE SECRETARY OF STATE, which
address shall supersede any previous address on file with the department
of state for this purpose, and
S 71. Clause 5 of subparagraph (A) of paragraph (II) of subdivision
(f) of section 121-1502 of the partnership law, as amended by chapter 44
of the laws of 2006, is amended to read as follows:
(5) a statement that the secretary of state has been designated as
agent of the foreign limited liability partnership upon whom process
against it may be served and the post office address, within or without
this state, to which [the secretary of state] A PERSON shall mail a copy
of any process against it served upon [him or her] THE SECRETARY OF
STATE;
S 72. Subdivision (i-1) of section 121-1502 of the partnership law, as
added by chapter 448 of the laws of 1998, is amended to read as follows:
S. 6408--A 55 A. 9008--A
(i-1) A certificate of change which changes only the post office
address to which [the secretary of state] A PERSON shall mail a copy of
any process against a New York registered foreign limited liability
partnership served upon [him] THE SECRETARY OF STATE AND/or the address
of the registered agent, provided such address being changed is the
address of a person, partnership, LIMITED LIABILITY COMPANY or corpo-
ration whose address, as agent, is the address to be changed or who has
been designated as registered agent of such registered foreign limited
liability partnership shall be signed and delivered to the department of
state by such agent. The certificate of change shall set forth: (i) the
name of the New York registered foreign limited liability partnership;
(ii) the date of filing of its initial registration or notice statement;
(iii) each change effected thereby; (iv) that a notice of the proposed
change was mailed to the limited liability partnership by the party
signing the certificate not less than thirty days prior to the date of
delivery to the department of state and that such limited liability
partnership has not objected thereto; and (v) that the party signing the
certificate is the agent of such limited liability partnership to whose
address [the secretary of state] A PERSON is required to mail copies of
process SERVED ON THE SECRETARY OF STATE or the registered agent, if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the limited liability partnership in whose behalf such certificate is
filed. The certificate of change shall be accompanied by a fee of five
dollars.
S 73. Subdivision (a) of section 121-1505 of the partnership law, as
added by chapter 470 of the laws of 1997, is amended and three new
subdivisions (d), (e) and (f) are added to read as follows:
(a) Service of process on the secretary of state as agent of a regis-
tered limited liability partnership OR NEW YORK REGISTERED FOREIGN
LIMITED LIABILITY PARTNERSHIP under this article shall be made by MAIL-
ING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, TO SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR
NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP, AT THE POST
OFFICE ADDRESS ON FILE IN THE DEPARTMENT OF STATE SPECIFIED FOR SUCH
PURPOSE. ON THE SAME DATE THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY
OF SUCH PROCESS AND PROOF OF MAILING TOGETHER WITH THE STATUTORY FEE,
WHICH FEE SHALL BE A TAXABLE DISBURSEMENT SHALL BE personally [deliver-
ing] DELIVERED to and [leaving] LEFT with the secretary of state or a
deputy, or with any person authorized by the secretary of state to
receive such service, at the office of the department of state in the
city of Albany, [duplicate copies of such process] together with the
statutory fee, which fee shall be a taxable disbursement. PROOF OF MAIL-
ING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of
process on such registered limited liability partnership OR NEW YORK
REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP shall be complete when
the secretary of state is so served. [The secretary of state shall
promptly send one of such copies by certified mail, return receipt
requested, to such registered limited liability partnership, at the post
office address on file in the department of state specified for such
purpose.]
(D) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UPON THE SECRETARY OF STATE UNDER THIS CHAPTER, INCLUDING THE DATE OF
SUCH SERVICE. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH
SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT
OF THE PROCESS BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH
S. 6408--A 56 A. 9008--A
SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE
SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE DEPART-
MENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE.
(E) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL MAIL A COPY OF ANY PROCESS SERVED UPON HIM AS AGENT OF A REGIS-
TERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN
LIMITED LIABILITY PARTNERSHIP SHALL BE DEEMED TO BE THE POST OFFICE
ADDRESS TO WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE
REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN
LIMITED LIABILITY PARTNERSHIP PURSUANT TO THIS ARTICLE.
(F) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
OR A PERSON SHALL MAIL ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
AGENT OF A REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGIS-
TERED FOREIGN LIMITED LIABILITY PARTNERSHIP SHALL CONTINUE UNTIL THE
FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A
DIFFERENT POST OFFICE ADDRESS.
S 74. Subdivision (b) of section 121-1506 of the partnership law, as
added by chapter 448 of the laws of 1998, and paragraph 4 as amended by
chapter 172 of the laws of 1999, is amended to read as follows:
(b) The party (or the party's legal representative) whose post OFFICE
address has been supplied by a limited liability partnership as its
address for process may resign. A certificate entitled "Certificate of
Resignation for Receipt of Process under Section 121-1506(b) of the
Partnership Law" shall be signed by such party and delivered to the
department of state. It shall set forth:
(1) The name of the limited liability partnership and the date that
its certificate of registration was filed by the department of state.
(2) That the address of the party has been designated by the limited
liability partnership as the post office address to which [the secretary
of state] A PERSON shall mail a copy of any process served on the secre-
tary of state as agent for such limited liability partnership and that
such party wishes to resign.
(3) That sixty days prior to the filing of the certificate of resigna-
tion with the department of state the party has sent a copy of the
certificate of resignation for receipt of process by registered or
certified mail to the address of the registered agent of the [desig-
nated] DESIGNATING limited liability partnership, if other than the
party filing the certificate of resignation, for receipt of process, or
if the [resigning] DESIGNATING limited liability partnership has no
registered agent, then to the last address of the [designated] DESIGNAT-
ING limited liability partnership, known to the party, specifying the
address to which the copy was sent. If there is no registered agent and
no known address of the designating limited liability partnership the
party shall attach an affidavit to the certificate stating that a dili-
gent but unsuccessful search was made by the party to locate the limited
liability partnership, specifying what efforts were made.
(4) That the [designated] DESIGNATING limited liability partnership is
required to deliver to the department of state a certificate of amend-
ment providing for the designation by the limited liability partnership
of a new address and that upon its failure to file such certificate, its
authority to do business in this state shall be suspended.
S 75. Paragraph 16 of subdivision 1 of section 103 of the private
housing finance law, as added by chapter 22 of the laws of 1970, is
amended to read as follows:
(16) A designation of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and the post office
S. 6408--A 57 A. 9008--A
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
S 76. Subdivision 7 of section 339-n of the real property law, is
REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8.
S 77. Subdivision 2 of section 339-s of the real property law, as
added by chapter 346 of the laws of 1997, is amended to read as follows:
2. [Each such declaration, and any amendment or amendments thereof
shall be filed with the department of state] (A) THE BOARD OF MANAGERS
FOR EACH CONDOMINIUM SUBJECT TO THIS ARTICLE SHALL FILE WITH THE SECRE-
TARY OF STATE A CERTIFICATE, IN WRITING, SIGNED, DESIGNATING THE SECRE-
TARY OF STATE AS AGENT OF THE BOARD OF MANAGERS UPON WHOM PROCESS
AGAINST IT MAY BE SERVED AND THE POST OFFICE ADDRESS TO WHICH A PERSON
SHALL MAIL A COPY OF SUCH PROCESS. THE CERTIFICATE SHALL BE ACCOMPANIED
BY A FEE OF SIXTY DOLLARS.
(B) ANY BOARD OF MANAGERS MAY CHANGE THE ADDRESS TO WHICH A PERSON
SHALL MAIL A COPY OF PROCESS SERVED UPON THE SECRETARY OF STATE, BY
FILING A SIGNED CERTIFICATE OF AMENDMENT WITH THE DEPARTMENT OF STATE.
SUCH CERTIFICATE SHALL BE ACCOMPANIED BY A FEE OF SIXTY DOLLARS.
(C) SERVICE OF PROCESS ON THE SECRETARY OF STATE AS AGENT OF A BOARD
OF MANAGERS SHALL BE MADE BY MAILING THE PROCESS AND NOTICE OF SERVICE
OF PROCESS PURSUANT TO THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, TO SUCH BOARD OF MANAGERS, AT THE POST OFFICE ADDRESS, ON
FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME
DAY THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND
PROOF OF MAILING SHALL BE PERSONALLY DELIVERED TO AND LEFT WITH THE
SECRETARY OF STATE OR A DEPUTY, OR WITH ANY PERSON AUTHORIZED BY THE
SECRETARY OF STATE TO RECEIVE SUCH SERVICE, AT THE OFFICE OF THE DEPART-
MENT OF STATE IN THE CITY OF ALBANY, A DUPLICATE COPY OF SUCH PROCESS
WITH PROOF OF MAILING TOGETHER WITH THE STATUTORY FEE, WHICH SHALL BE A
TAXABLE DISBURSEMENT. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLI-
ANCE WITH THIS SECTION. SERVICE OF PROCESS ON A BOARD OF MANAGERS SHALL
BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED.
(D) AS USED IN THIS ARTICLE, "PROCESS" SHALL MEAN JUDICIAL PROCESS AND
ALL ORDERS, DEMANDS, NOTICES OR OTHER PAPERS REQUIRED OR PERMITTED BY
LAW TO BE PERSONALLY SERVED ON A BOARD OF MANAGERS, FOR THE PURPOSE OF
ACQUIRING JURISDICTION OF SUCH BOARD OF MANAGERS IN ANY ACTION OR
PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDICIAL, ADMINISTRATIVE, ARBI-
TRATIVE OR OTHERWISE, IN THIS STATE OR IN THE FEDERAL COURTS SITTING IN
OR FOR THIS STATE.
(E) NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT TO SERVE PROCESS IN
ANY OTHER MANNER PERMITTED BY LAW.
(F) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UNDER THIS SECTION, INCLUDING THE DATE OF SERVICE. IT SHALL, UPON
REQUEST, MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE
UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF PROCESS BY AN AUTHORIZED
PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATU-
TORY FEE. PROCESS SERVED ON THE SECRETARY OF STATE UNDER THIS SECTION
SHALL BE DESTROYED BY THE DEPARTMENT OF STATE AFTER A PERIOD OF TEN
YEARS FROM SUCH SERVICE.
(G) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
AGENT OF THE BOARD OF MANAGERS FILED WITH THE DEPARTMENT OF STATE PURSU-
ANT TO THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL
BE DEEMED TO BE THE POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL THE
PROCESS AGAINST THE BOARD OF MANAGERS PURSUANT TO THIS ARTICLE. ANY
S. 6408--A 58 A. 9008--A
DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE OR A
PERSON SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF
STATE AS AGENT OF A BOARD OF MANAGERS, SHALL CONTINUE UNTIL THE FILING
OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT
POST OFFICE ADDRESS.
S 78. Subdivisions 3 and 4 of section 442-g of the real property law,
as amended by chapter 482 of the laws of 1963, are amended to read as
follows:
3. Service of such process upon the secretary of state shall be made
by personally delivering to and leaving with [him or his] THE SECRETARY
OF STATE OR A deputy, or with any person authorized by the secretary of
state to receive such service, at the office of the department of state
in the city of Albany, [duplicate copies] A COPY of such process AND
PROOF OF MAILING together with a fee of five dollars if the action is
solely for the recovery of a sum of money not in excess of two hundred
dollars and the process is so endorsed, and a fee of ten dollars in any
other action or proceeding, which fee shall be a taxable disbursement.
If such process is served upon behalf of a county, city, town or
village, or other political subdivision of the state, the fee to be paid
to the secretary of state shall be five dollars, irrespective of the
amount involved or the nature of the action on account of which such
service of process is made. [If the cost of registered mail for trans-
mitting a copy of the process shall exceed two dollars, an additional
fee equal to such excess shall be paid at the time of the service of
such process.] PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH
THIS SECTION. Proof of service shall be by affidavit of compliance with
this subdivision filed by or on behalf of the plaintiff together with
the process, within ten days after such service, with the clerk of the
court in which the action or special proceeding is pending. Service
made as provided in this section shall be complete ten days after such
papers are filed with the clerk of the court and shall have the same
force and validity as if served on him personally within the state and
within the territorial jurisdiction of the court from which the process
issues.
4. The [secretary of state] PERSON SERVING SUCH PROCESS shall [prompt-
ly] send [one of] such [copies] PROCESS by [registered] CERTIFIED mail,
return receipt requested, to the nonresident broker or nonresident
salesman at the post office address of his main office as set forth in
the last application filed by him.
S 79. Subdivision 2 of section 203 of the tax law, as amended by chap-
ter 100 of the laws of 1964, is amended to read as follows:
2. Every foreign corporation (other than a moneyed corporation)
subject to the provisions of this article, except a corporation having a
certificate of authority [under section two hundred twelve of the gener-
al corporation law] or having authority to do business by virtue of
section thirteen hundred five of the business corporation law, shall
file in the department of state a certificate of designation in its
corporate name, signed and acknowledged by its president or a vice-pre-
sident or its secretary or treasurer, under its corporate seal, desig-
nating the secretary of state as its agent upon whom process in any
action provided for by this article may be served within this state, and
setting forth an address to which [the secretary of state] A PERSON
shall mail a copy of any such process against the corporation which may
be served upon [him] THE SECRETARY OF STATE. In case any such corpo-
ration shall have failed to file such certificate of designation, it
shall be deemed to have designated the secretary of state as its agent
S. 6408--A 59 A. 9008--A
upon whom such process against it may be served; and until a certificate
of designation shall have been filed the corporation shall be deemed to
have directed [the secretary of state] A PERSON SERVING PROCESS to mail
copies of process served upon [him] THE SECRETARY OF STATE to the corpo-
ration at its last known office address within or without the state.
When a certificate of designation has been filed by such corporation
[the secretary of state] A PERSON SERVING PROCESS shall mail copies of
process thereafter served upon [him] THE SECRETARY OF STATE to the
address set forth in such certificate. Any such corporation, from time
to time, may change the address to which [the secretary of state] A
PERSON is directed to mail copies of process, by filing a certificate to
that effect executed, signed and acknowledged in like manner as a
certificate of designation as herein provided. Service of process upon
any such corporation or upon any corporation having a certificate of
authority [under section two hundred twelve of the general corporation
law] or having authority to do business by virtue of section thirteen
hundred five of the business corporation law, in any action commenced at
any time pursuant to the provisions of this article, may be made by
either (1) personally delivering to and leaving with the secretary of
state, a deputy secretary of state or with any person authorized by the
secretary of state to receive such service [duplicate copies] A COPY
thereof at the office of the department of state in the city of Albany,
in which event [the secretary of state] A PERSON SERVING SUCH PROCESS
shall forthwith send by [registered] CERTIFIED mail, return receipt
requested, [one of such copies] A DUPLICATE COPY to the corporation at
the address designated by it or at its last known office address within
or without the state, or (2) personally delivering to and leaving with
the secretary of state, a deputy secretary of state or with any person
authorized by the secretary of state to receive such service, a copy
thereof at the office of the department of state in the city of Albany
and by delivering a copy thereof to, and leaving such copy with, the
president, vice-president, secretary, assistant secretary, treasurer,
assistant treasurer, or cashier of such corporation, or the officer
performing corresponding functions under another name, or a director or
managing agent of such corporation, personally without the state. Proof
of such personal service without the state shall be filed with the clerk
of the court in which the action is pending within thirty days after
such service, and such service shall be complete ten days after proof
thereof is filed.
S 80. Section 216 of the tax law, as added by chapter 415 of the laws
of 1944, the opening paragraph as amended by chapter 100 of the laws of
1964 and redesignated by chapter 613 of the laws of 1976, is amended to
read as follows:
S 216. Collection of taxes. Every foreign corporation (other than a
moneyed corporation) subject to the provisions of this article, except a
corporation having a certificate of authority [under section two hundred
twelve of the general corporation law] or having authority to do busi-
ness by virtue of section thirteen hundred five of the business corpo-
ration law, shall file in the department of state a certificate of
designation in its corporate name, signed and acknowledged by its presi-
dent or a vice-president or its secretary or treasurer, under its corpo-
rate seal, designating the secretary of state as its agent upon whom
process in any action provided for by this article may be served within
this state, and setting forth an address to which [the secretary of
state] A PERSON shall mail a copy of any such process against the corpo-
ration which may be served upon him. In case any such corporation shall
S. 6408--A 60 A. 9008--A
have failed to file such certificate of designation, it shall be deemed
to have designated the secretary of state as its agent upon whom such
process against it may be served; and until a certificate of designation
shall have been filed the corporation shall be deemed to have directed
[the secretary of state] A PERSON to mail [copies] A COPY of process
served upon [him] THE SECRETARY OF STATE to the corporation at its last
known office address within or without the state. When a certificate of
designation has been filed by such corporation [the secretary of state]
A PERSON SERVING SUCH PROCESS shall mail [copies] A COPY of process
thereafter served upon [him] PERSON SERVING SUCH PROCESS to the address
set forth in such certificate. Any such corporation, from time to time,
may change the address to which [the secretary of state] PERSON is
directed to mail copies of process, by filing a certificate to that
effect executed, signed and acknowledged in like manner as a certificate
of designation as herein provided. Service of process upon any such
corporation or upon any corporation having a certificate of authority
[under section two hundred twelve of the general corporation law] or
having authority to do business by virtue of section thirteen hundred
five of the business corporation law, in any action commenced at any
time pursuant to the provisions of this article, may be made by either
(1) personally delivering to and leaving with the secretary of state, a
deputy secretary of state or with any person authorized by the secretary
of state to receive such service [duplicate copies] A COPY thereof at
the office of the department of state in the city of Albany, in which
event [the secretary of state] A PERSON SERVING SUCH PROCESS shall
forthwith send by [registered] CERTIFIED mail, return receipt requested,
[one of such copies] A DUPLICATE COPY to the corporation at the address
designated by it or at its last known office address within or without
the state, or (2) personally delivering to and leaving with the secre-
tary of state, a deputy secretary of state or with any person authorized
by the secretary of state to receive such service, a copy thereof at the
office of the department of state in the city of Albany and by deliver-
ing a copy thereof to, and leaving such copy with, the president, vice-
president, secretary, assistant secretary, treasurer, assistant treasur-
er, or cashier of such corporation, or the officer performing
corresponding functions under another name, or a director or managing
agent of such corporation, personally without the state. Proof of such
personal service without the state shall be filed with the clerk of the
court in which the action is pending within thirty days after such
service, and such service shall be complete ten days after proof thereof
is filed.
S 81. Subdivisions (a) and (b) of section 310 of the tax law, as added
by chapter 400 of the laws of 1983, is amended to read as follows:
(a) Designation for service of process.--Every petroleum business
which is a corporation, except such a petroleum business having a
certificate of authority [under section two hundred twelve of the gener-
al corporation law] or having authority to do business by virtue of
section thirteen hundred five of the business corporation law, shall
file in the department of state a certificate of designation in its
corporate name, signed and acknowledged by its president or vice-presi-
dent or its secretary or treasurer, under its corporate seal, designat-
ing the secretary of state as its agent upon whom process in any action
provided for by this article may be served within this state, and
setting forth an address to which [the secretary of state] A PERSON
shall mail a copy of any such process against such petroleum business
which may be served upon [him] THE SECRETARY OF STATE. In case any such
S. 6408--A 61 A. 9008--A
petroleum business shall have failed to file such certificate of desig-
nation, it shall be deemed to have designated the secretary of state as
its agent upon whom such process against it may be served; and until a
certificate of designation shall have been filed such a petroleum busi-
ness shall be deemed to have directed [the secretary of state] A PERSON
to mail copies of process served upon [him] THE SECRETARY OF STATE to
such petroleum business at its last known office address within or with-
out the state. When a certificate of designation has been filed by such
a petroleum business [the secretary of state] A PERSON SERVING PROCESS
shall mail copies of process thereafter served upon [him] THE SECRETARY
OF STATE to the address set forth in such certificate. Any such petrole-
um business, from time to time, may change the address to which [the
secretary of state] A PERSON is directed to mail copies of process, by
filing a certificate to that effect executed, signed and acknowledged in
like manner as a certificate of designation as herein provided.
(b) Service of process.--Service of process upon any petroleum busi-
ness which is a corporation (including any such petroleum business
having a certificate of authority [under section two hundred twelve of
the general corporation law] or having authority to do business by
virtue of section thirteen hundred five of the business corporation
law), in any action commenced at any time pursuant to the provisions of
this article, may be made by either (1) personally delivering to and
leaving with the secretary of state, a deputy secretary of state or with
any person authorized by the secretary of state to receive such service
[duplicate copies] A COPY thereof at the office of the department of
state in the city of Albany, in which event [the secretary of state] A
PERSON SERVING PROCESS shall forthwith send by [registered] CERTIFIED
mail, return receipt requested, [one of such copies] A DUPLICATE COPY to
such petroleum business at the address designated by it or at its last
known office address within or without the state, or (2) personally
delivering to and leaving with the secretary of state, a deputy secre-
tary of state or with any person authorized by the secretary of state to
receive such service, a copy thereof at the office of the department of
state in the city of Albany and by delivering a copy thereof to, and
leaving such copy with, the president, vice-president, secretary,
assistant secretary, treasurer, assistant treasurer, or cashier of such
petroleum business, or the officer performing corresponding functions
under another name, or a director or managing agent of such petroleum
business, personally without the state. Proof of such personal service
without the state shall be filed with the clerk of the court in which
the action is pending within thirty days after such service, and such
service shall be complete ten days after proof thereof is filed.
S 82. This act shall take effect on the one hundred twentieth day
after it shall have become a law.
PART O
Section 1. Chapter 912 of the laws of 1920 relating to the regulation
of boxing, sparring, and wrestling is REPEALED.
S 2. Article 40 and sections 900 and 901 of the general business law,
as renumbered by chapter 407 of the laws of 1973, are renumbered article
43 and sections 1200 and 1201, respectively, and a new article 41 is
added to read as follows:
ARTICLE 41
COMBATIVE SPORTS
SECTION 1000. DEFINITIONS.
S. 6408--A 62 A. 9008--A
1001. COMBATIVE SPORTS AUTHORIZED.
1002. COMBATIVE SPORTS PROHIBITED.
1003. STATE ATHLETIC COMMISSION.
1004. JURISDICTION OF THE COMMISSION.
1005. OFFICERS AND EMPLOYEES OF THE COMMISSION.
1006. SANCTIONING ENTITIES.
1007. LICENSES; GENERAL PROVISIONS.
1008. LICENSES; JUDGES.
1009. LICENSES; ENTITIES.
1010. LICENSES; PROFESSIONALS.
1011. TEMPORARY WORKING PERMITS.
1012. TEMPORARY TRAINING FACILITIES.
1013. MEDICAL ADVISORY BOARD.
1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
1016. REQUIRED FILINGS.
1017. PROFESSIONAL WRESTLING; PROMOTERS.
1018. PROHIBITED CONDUCT.
1019. PENALTIES.
1020. SUBPOENAS BY COMMISSION; OATHS.
1021. EXCEPTIONS.
1022. DISPOSITION OF RECEIPTS.
S 1000. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY
PARTICIPANT IN A COMBATIVE SPORT AUTHORIZED PURSUANT TO THIS ARTICLE WHO
IS NOT RECEIVING OR COMPETING FOR, AND WHO HAS NEVER RECEIVED OR
COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING OF
VALUE EXCEEDING SEVENTY-FIVE DOLLARS OR THE ALLOWABLE AMOUNT ESTABLISHED
BY THE AUTHORIZED AMATEUR SANCTIONING ENTITY OVERSEEING THE COMPETITION.
2. "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE
AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY THE
COMMISSION.
3. "COMBATIVE SPORT" MEANS ANY UNARMED BOUT, CONTEST, COMPETITION,
MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN AUDIENCE, WHEREIN THE
PARTICIPANTS PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND
TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF ANOTHER PARTIC-
IPANT, AND WHEREIN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV-
ITIES.
4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN
SECTION ONE THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR EMPLOYEE OF
THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF.
5. "MIXED MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE RULES OF
ENGAGEMENT DO NOT LIMIT THE PARTICIPANTS TO A SINGLE, SYSTEMATIC, FIGHT-
ING DISCIPLINE.
6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE SPORT AUTHOR-
IZED PURSUANT TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING
OR COMPETING FOR, OR WHO HAS EVER RECEIVED OR COMPETED FOR, ANY PURSE,
MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING EXCEEDING SEVENTY-FIVE
DOLLARS IN VALUE.
S 1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED UNDER
THE SUPERVISION OF THE COMMISSION, UNDER THE SUPERVISION OF AN AUTHOR-
IZED SANCTIONING ENTITY, OR AS PROVIDED FOR IN SECTION ONE THOUSAND
TWENTY-ONE OF THIS ARTICLE, ARE HEREBY AUTHORIZED. AUTHORIZED COMBATIVE
SPORTS INCLUDE, AMATEUR AND PROFESSIONAL BOXING, WRESTLING, SPARRING,
KICK BOXING, SINGLE DISCIPLINE MARTIAL ARTS AND MIXED MARTIAL ARTS,
PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
S. 6408--A 63 A. 9008--A
S 1002. COMBATIVE SPORTS PROHIBITED. 1. THE CONDUCT OF COMBATIVE
SPORTS OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED SANC-
TIONING ENTITY IS PROHIBITED.
2. A PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN, ACTING OTHER
THAN AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY AIDS
ANY UNAUTHORIZED COMBATIVE SPORT. SUCH CONDUCT INCLUDES BUT IS NOT
LIMITED TO CONDUCT DIRECTED TOWARD THE CREATION, ESTABLISHMENT OR
PERFORMANCE OF A PROHIBITED COMBATIVE SPORT, TOWARD THE ACQUISITION OR
MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR,
TOWARD THE SOLICITATION OR INDUCEMENT OF PERSONS TO ATTEND OR PARTIC-
IPATE THEREIN, TOWARD THE ACTUAL CONDUCT OF THE PERFORMANCE THEREOF,
TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR
TOWARD ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT. ONE ADVANCES A
PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER
AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE
FOR PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH TO
OCCUR OR CONTINUE OR MAKES NO EFFORT TO PREVENT ITS OCCURRENCE OR
CONTINUATION.
3. A PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE OR SHE
ACCEPTS OR RECEIVES MONEY OR OTHER PROPERTY WITH INTENT TO PARTICIPATE
IN THE PROCEEDS OF A PROHIBITED COMBATIVE SPORT, OR PURSUANT TO AN
AGREEMENT OR UNDERSTANDING WITH ANY PERSON WHEREBY HE OR SHE PARTIC-
IPATES OR IS TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE
SPORT.
S 1003. STATE ATHLETIC COMMISSION. 1. THE STATE ATHLETIC COMMISSION,
AS NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED
TWENTY, AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF NINETEEN
HUNDRED EIGHTY-ONE, IS CONTINUED AS A DIVISION OF THE DEPARTMENT OF
STATE. THE COMMISSION SHALL ACT IN THE BEST INTERESTS OF COMBATIVE
SPORTS. THE COMMISSION IS ENACTED TO PROTECT THE HEALTH, SAFETY AND
GENERAL WELFARE OF ALL PARTICIPANTS IN COMBATIVE SPORTS AND SPECTATORS
THEREOF, TO PRESERVE THE INTEGRITY OF COMBATIVE SPORTS THROUGH THE MEANS
OF LICENSING, OVERSIGHT, ENFORCEMENT AND THE AUTHORIZATION OF SANCTION-
ING ENTITIES, AND TO FACILITATE THE DEVELOPMENT AND RESPONSIBLE CONDUCT
OF COMBATIVE SPORTS THROUGHOUT THE ENTIRE STATE. THE COMMISSION SHALL
CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND
WITH THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL DESIGNATE
ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION. THE MEMBERS OF THE
COMMISSION SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY VACANCY IN
THE MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION OF
TERM SHALL BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE MEMBER IN
WHOSE POSITION THE VACANCY OCCURS.
2. THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY TRAVEL-
ING AND OTHER EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF THEIR
OFFICIAL DUTIES. THE MEMBERS OF THE COMMISSION SHALL ADOPT A SEAL FOR
THE COMMISSION, AND MAKE SUCH RULES FOR THE ADMINISTRATION OF THEIR
OFFICE, NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM EXPEDIENT; AND THEY
MAY AMEND OR ABROGATE SUCH RULES. THREE OF THE MEMBERS OF THE COMMISSION
SHALL CONSTITUTE A QUORUM TO DO BUSINESS; AND THE CONCURRENCE OF A
MAJORITY OF THE COMMISSIONERS PRESENT SHALL BE NECESSARY TO RENDER A
DETERMINATION BY THE COMMISSION. THE COMMISSION IS VESTED WITH THE
AUTHORITY TO ADOPT SUCH RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS ARTICLE.
S 1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE AND
IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS-
DICTION OVER: 1. ALL AUTHORIZED COMBATIVE SPORTS;
S. 6408--A 64 A. 9008--A
2. ALL LICENSES OR PERMITS GRANTED BY THE COMMISSION TO ANY AND ALL
PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS;
3. ALL DETERMINATIONS REGARDING THE AUTHORIZATION OF AMATEUR AND
PROFESSIONAL SANCTIONING ENTITIES;
4. ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT MAIN-
TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS;
5. THE PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO THE EXTENT
PROVIDED FOR IN THIS ARTICLE; AND
6. ALL CONTRACTS DIRECTLY RELATED TO THE CONDUCT OF AUTHORIZED PROFES-
SIONAL COMBATIVE SPORTS IN THE STATE OF NEW YORK.
7. ALL DISCLOSURES TO THE COMMISSION SHALL BE DEEMED CONFIDENTIAL.
S 1005. OFFICERS AND EMPLOYEES OF THE COMMISSION. THE SECRETARY OF
STATE MAY APPOINT, AND AT HIS OR HER PLEASURE REMOVE, AN EXECUTIVE
DIRECTOR, DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH OTHER
EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI-
CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR.
S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU-
LATIONS ESTABLISHING A PROCESS BY WHICH ENTITIES MAY BE RECOGNIZED AND
APPROVED BY THE COMMISSION AS AUTHORIZED SANCTIONING ENTITIES FOR A
PERIOD OF TIME TO BE ESTABLISHED BY THE COMMISSION, DURING WHICH THE
ENTITY WILL BE ALLOWED TO OVERSEE AND CONDUCT COMBATIVE SPORTS WITHIN
THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION,
LIMIT THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING ENTITY
TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES,
AMATEUR OR PROFESSIONAL COMBATIVE SPORTS, OR TO ANY COMBINATION OF THE
FOREGOING BASED ON THE QUALIFICATIONS, INTEGRITY AND HISTORY OF THE
ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY.
2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO:
(A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE;
(B) WHETHER THE ENTITY REQUIRES PARTICIPANTS IN COMBATIVE SPORTS TO
USE HAND, FOOT AND GROIN PROTECTION;
(C) WHETHER THE ENTITY HAS AN ESTABLISHED SET OF RULES THAT REQUIRES
THE IMMEDIATE TERMINATION OF ANY COMBATIVE SPORT WHEN ANY PARTICIPANT
HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS-
ICAL INJURY; AND
(D) WHETHER THE ENTITY HAS ESTABLISHED PROTOCOLS TO EFFECTUATE THE
APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS.
S 1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE PROVIDED
IN SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN, AND ONE THOUSAND
SEVENTEEN OF THIS ARTICLE, WITH RESPECT TO ALL AUTHORIZED PROFESSIONAL
COMBATIVE SPORTS IN THIS STATE, ALL CORPORATIONS, ENTITIES, PERSONS,
REFEREES, JUDGES, MATCH-MAKERS, TIMEKEEPERS, PROFESSIONALS, AND THEIR
MANAGERS, TRAINERS, AND SECONDS SHALL BE LICENSED BY THE COMMISSION. NO
SUCH CORPORATION, ENTITY OR PERSON SHALL BE PERMITTED TO PARTICIPATE,
EITHER DIRECTLY OR INDIRECTLY, IN ANY AUTHORIZED PROFESSIONAL COMBATIVE
SPORT, OR THE HOLDING THEREOF, OR THE OPERATION OF ANY TRAINING FACILITY
PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR
THE USE OF PROFESSIONAL BOXERS OR PROFESSIONAL MIXED MARTIAL ARTS
PARTICIPANTS, UNLESS SUCH CORPORATION OR PERSONS SHALL HAVE FIRST
PROCURED A LICENSE FROM THE COMMISSION. THE COMMISSION SHALL ESTABLISH
BY RULE AND REGULATION LICENSING STANDARDS FOR ALL LICENSEES.
2. EVERY APPLICATION FOR A LICENSE SHALL BE IN A FORM PRESCRIBED BY
THE COMMISSION, SHALL BE ADDRESSED TO THE COMMISSION, SHALL BE
SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM OR HER AS TRUE UNDER
THE PENALTIES OF PERJURY, AND SHALL SET FORTH SUCH FACTS AS THE
S. 6408--A 65 A. 9008--A
PROVISIONS HEREOF AND THE RULES AND REGULATIONS OF THE COMMISSION MAY
REQUIRE.
3. (A) THE COMMISSION SHALL ESTABLISH REASONABLE FEES, TERMS AND
RENEWAL TERMS FOR LICENSES, PERMITS AND OTHER AUTHORIZATIONS ISSUED
PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER, THAT ALL TERMS, RENEWAL
TERMS AND FEES IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE
LAWS OF NINETEEN HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS THERETO,
IMMEDIATELY PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL REMAIN FIXED
AT THEIR PRIOR STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT
OF THIS ARTICLE. THE COMMISSION SHALL PUBLISH ALL FEES, INCLUDING THE
AFOREMENTIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE
COMMISSION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE APPROVAL OF
THE DIRECTOR OF THE BUDGET.
(B) WITH RESPECT TO THE FEES ESTABLISHED BY THE COMMISSION PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION, WHEN SUCH FEES ARE PAYABLE IN
RELATION TO AUTHORIZED COMBATIVE SPORTS CONSTITUTING MIXED MARTIAL ARTS,
THE FOLLOWING SHALL APPLY:
(I) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS NOT
MORE THAN TWO THOUSAND FIVE HUNDRED, THE PROMOTER SHALL PAY NOT MORE
THAN FIVE HUNDRED DOLLARS;
(II) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN TWO THOUSAND FIVE HUNDRED, BUT NOT MORE THAN FIVE THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND DOLLARS;
(III) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN FIVE THOUSAND, BUT NOT MORE THAN FIFTEEN THOUSAND, THE
PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS;
(IV) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN FIFTEEN THOUSAND, BUT NOT MORE THAN TWENTY-FIVE THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS;
(V) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE THAN
THREE THOUSAND DOLLARS;
(VI) FOR REFEREES AND JUDGES, NOT MORE THAN ONE HUNDRED DOLLARS;
(VII) FOR PROFESSIONAL PARTICIPANTS, MANAGERS AND TRAINERS NOT MORE
THAN FIFTY DOLLARS; AND
(VIII) FOR CHIEF SECONDS, NOT MORE THAN FORTY DOLLARS.
4. ANY LICENSE, TEMPORARY WORK PERMIT OR OTHER AUTHORIZATION ISSUED
UNDER THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE
COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE
JUDGMENT OF THE COMMISSION, VIOLATED ANY PROVISION OF THIS ARTICLE, RULE
OR ORDER OF THE COMMISSION, DEMONSTRATED CONDUCT DETRIMENTAL TO THE
INTERESTS OF AUTHORIZED COMBATIVE SPORTS GENERALLY OR TO THE PUBLIC
INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF
THE HEALTH AND SAFETY OF THE LICENSEE.
(A) ANY LICENSEE WHO SUFFERED A KNOCKOUT OR TECHNICAL KNOCKOUT IN A
COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION
PHYSICIAN, BE SUSPENDED BY THE COMMISSION, FOR A PERIOD DETERMINED BY
THE COMMISSION, AND SHALL FORFEIT HIS OR HER LICENSE TO THE COMMISSION
DURING SUCH PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO THE LICENSEE
UNTIL HE OR SHE HAS MET ALL REQUIREMENTS, MEDICAL AND OTHERWISE, FOR
REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN
HIS OR HER LICENSE BY A COMMISSION OFFICIAL.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF ANY OTHER STATE
SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT
STATE, THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO SUCH
LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
S. 6408--A 66 A. 9008--A
S 1008. LICENSES; JUDGES. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS
ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE, ONLY A
PERSON LICENSED BY THE COMMISSION, AS A COMBATIVE SPORTS JUDGE, MAY
JUDGE AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. JUDG-
ES FOR ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT UNDER THE JURISDIC-
TION OF THE COMMISSION SHALL BE SELECTED BY THE COMMISSION FROM A LIST
OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE COMMISSION.
2. ANY PARTICIPANT IN A PROFESSIONAL COMBATIVE SPORT OR HIS OR HER
MANAGER MAY PROTEST THE ASSIGNMENT OF A JUDGE TO A CONTEST AND THE
PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF
SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY
REJECTED.
3. EACH PERSON SEEKING TO BE LICENSED AS A JUDGE BY THE COMMISSION
SHALL BE REQUIRED TO SUBMIT TO OR PROVIDE PROOF OF AN EYE EXAMINATION
AND ANNUALLY THEREAFTER ON THE ANNIVERSARY OF THE ISSUANCE OF THE
LICENSE. THE COMMISSION SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS
AND REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST BE
CERTIFIED AS HAVING COMPLETED A TRAINING PROGRAM AS APPROVED BY THE
COMMISSION AND SHALL PASS AN EXAMINATION APPROVED BY THE COMMISSION.
4. EACH PERSON SEEKING A LICENSE TO JUDGE AUTHORIZED PROFESSIONAL
COMBATIVE SPORTS IN THE STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL
QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE
JUDGE'S FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY THE
COMMISSION. SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED
BY THE COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR
POTENTIAL CONFLICT OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS,
INCLUDING FINANCIAL RESPONSIBILITY. WITHIN FORTY-EIGHT HOURS OF ANY
MATCH, EACH JUDGE OF A PROFESSIONAL COMBATIVE SPORT SHALL FILE WITH THE
COMMISSION A FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND MANNER AS
SHALL BE ACCEPTABLE TO THE COMMISSION.
S 1009. LICENSES; ENTITIES. 1. (A) EXCEPT AS OTHERWISE PROVIDED IN
SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE,
ONLY ENTITIES LICENSED BY THE COMMISSION MAY CONDUCT AN AUTHORIZED
PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. THE COMMISSION MAY, IN
ITS DISCRETION, ISSUE A LICENSE TO CONDUCT OR HOLD AUTHORIZED PROFES-
SIONAL COMBATIVE SPORTS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON
OR CORPORATION DULY INCORPORATED, OR LIMITED LIABILITY COMPANY AUTHOR-
IZED, UNDER THE LAWS OF THE STATE OF NEW YORK.
(B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH
SUCH COMBATIVE SPORT IS TO BE HELD.
(C) UPON WRITTEN APPLICATION THE COMMISSION MAY GRANT TO ANY ENTITY
HOLDING A LICENSE ISSUED HEREUNDER, THE PRIVILEGE OF HOLDING SUCH A
MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER
LOCATION, THAN THE PREMISES OR LOCATION PREVIOUSLY APPROVED BY THE
COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE RULES
AND REGULATIONS OF THE COMMISSION.
2. (A) THE COMMISSION MAY, IN ITS DISCRETION AND IN ACCORDANCE WITH
REGULATIONS ADOPTED BY THE COMMISSION TO PROTECT THE HEALTH AND SAFETY
OF PROFESSIONALS IN TRAINING, ISSUE A LICENSE TO OPERATE A TRAINING
FACILITY PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN
PART FOR THE USE OF PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS. AT A
MINIMUM, ANY SUCH REGULATION SHALL REQUIRE:
(I) FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE LOCATION ON THE
PREMISES AND FOR THE PRESENCE ON THE PREMISES OF A PERSON TRAINED AND
CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES FOR CARDIO-PULMO-
S. 6408--A 67 A. 9008--A
NARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILITY IS OPEN FOR
TRAINING PURPOSES;
(II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS;
(III) ADEQUATE VENTILATION AND LIGHTING OF ACCESSIBLE AREAS OF THE
TRAINING FACILITY;
(IV) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION OF SMOKING
IN TRAINING AREAS, INCLUDING PROVISIONS FOR ITS ENFORCEMENT BY THE
FACILITY OPERATOR;
(V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
(VI) INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR COMBA-
TIVE SPORTS WILL BE HELD; AND
(VII) ESTABLISHMENT OF A POLICY FOR POSTING ALL COMMISSION LICENSE
SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD-
ING PROVISIONS FOR ENFORCEMENT OF SUCH SUSPENSIONS AND REVOCATIONS BY
THE FACILITY OPERATOR.
(B) A PROSPECTIVE ENTITY LICENSEE SHALL SUBMIT TO THE COMMISSION PROOF
THAT IT CAN FURNISH SUITABLE FACILITIES IN WHICH THE TRAINING IS TO BE
CONDUCTED, INCLUDING THE MAKING OF SUCH TRAINING FACILITIES AVAILABLE
FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN
PROGRESS.
S 1010. LICENSES; PROFESSIONALS. 1. EXCEPT AS OTHERWISE PROVIDED IN
SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN AND ONE THOUSAND SEVEN-
TEEN OF THIS ARTICLE, ONLY PERSONS LICENSED BY THE COMMISSION SHALL
COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
2. ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE TO
PARTICIPATE IN COMBATIVE SPORTS UNDER THIS ARTICLE SHALL UNDERGO A
COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM-
INATIONS BY A PHYSICIAN APPROVED BY THE COMMISSION. IF, AT THE TIME OF
SUCH EXAMINATION, THERE IS ANY INDICATION OF BRAIN INJURY, OR FOR ANY
OTHER REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL SHALL
BE REQUIRED TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY A NEUROLO-
GIST INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY EQUIVALENT
PROCEDURES. THE COMMISSION SHALL NOT ISSUE A LICENSE TO A PROFESSIONAL
UNTIL SUCH EXAMINATIONS ARE COMPLETED AND REVIEWED BY THE COMMISSION.
THE RESULTS OF ALL SUCH EXAMINATIONS HEREIN REQUIRED SHALL BECOME A PART
OF THE PROFESSIONAL'S PERMANENT MEDICAL RECORD AS MAINTAINED BY THE
COMMISSION. THE COSTS OF ALL SUCH EXAMINATIONS SHALL BE ASSUMED BY THE
APPLICANT OR PROMOTER WITH WHICH THE PROFESSIONAL BOXER OR MIXED MARTIAL
ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER.
3. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A CONDITION
OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING
TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL-
ITY TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO, AND ALL MEDICAL RECORDS
OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION RELATIVE TO THE PHYSICAL
EXAMINATION OR CONDITION OF PROFESSIONALS SHALL BE CONSIDERED CONFIDEN-
TIAL, AND SHALL BE OPEN TO EXAMINATION ONLY TO THE COMMISSION OR ITS
AUTHORIZED REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER UPON
WRITTEN APPLICATION TO EXAMINE SAID RECORDS, OR UPON THE ORDER OF A
COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE.
S 1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE TEMPORARY
WORKING PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND SECONDS.
A TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE HOLDER
OF SUCH PERMIT TO ENGAGE IN A SINGLE AUTHORIZED PROFESSIONAL COMBATIVE
SPORT AT A SPECIFIED TIME AND PLACE. THE COMMISSION MAY REQUIRE THAT
PROFESSIONALS APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A PHYSICAL
EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO-
S. 6408--A 68 A. 9008--A
NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE. TEMPORARY WORKING
PERMITS SHALL EXPIRE UPON THE COMPLETION OF THE SINGLE AUTHORIZED
PROFESSIONAL COMBATIVE SPORT AND ANY SUBSEQUENT EVALUATIONS OR
INSPECTIONS REQUIRED BY THE COMMISSION. THE FEE FOR SUCH TEMPORARY
WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE.
S 1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS JUDGMENT
MAY EXEMPT FROM LICENSING UNDER THIS ARTICLE ANY TRAINING FACILITY
PROVIDING CONTACT SPARRING ESTABLISHED AND MAINTAINED ON A TEMPORARY
BASIS FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC AUTHOR-
IZED COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE OF
NEW YORK.
S 1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD CREATED
PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED
TWENTY, AND SUBSEQUENT AMENDMENTS THERETO IS HEREBY CONTINUED WITHOUT
INTERRUPTION. IT SHALL REMAIN A DIVISION OF THE STATE ATHLETIC COMMIS-
SION, AND SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR.
THE GOVERNOR SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON OF THE
ADVISORY BOARD. THE TERM OF A MEMBER THEREAFTER APPOINTED, EXCEPT TO
FILL A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM OF
HIS PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE CHAIRPERSON
OF THE ADVISORY BOARD, THE GOVERNOR SHALL DESIGNATE SUCH SUCCESSOR OR
OTHER MEMBER OF THE ADVISORY BOARD AS CHAIRPERSON. A VACANCY OCCURRING
OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT BY
THE GOVERNOR FOR THE REMAINDER ONLY OF THE TERM. EACH MEMBER OF THE
ADVISORY BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE STATE
OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST
FIVE YEARS' EXPERIENCE IN THE PRACTICE OF HIS OR HER PROFESSION. THE
MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY BE
FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND
SHALL BE ALLOWED AND PAID NECESSARY TRAVELING AND OTHER EXPENSES
INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE-
UNDER.
2. THE ADVISORY BOARD SHALL HAVE POWER AND IT SHALL BE THE DUTY OF THE
BOARD TO PREPARE AND SUBMIT TO THE COMMISSION FOR APPROVAL REGULATIONS
AND STANDARDS FOR THE PHYSICAL EXAMINATION OF PROFESSIONALS INCLUDING,
WITHOUT LIMITATION, PRE-FIGHT AND POST-FIGHT EXAMINATIONS AND PERIODIC
COMPREHENSIVE EXAMINATIONS. THE BOARD SHALL CONTINUE TO SERVE IN AN
ADVISORY CAPACITY TO THE COMMISSION AND FROM TIME TO TIME PREPARE AND
SUBMIT TO THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL REGULATIONS AND
STANDARDS OF EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD THE PHYS-
ICAL WELFARE OF PROFESSIONALS LICENSED BY THE COMMISSION. THE ADVISORY
BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED
PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE
PURPOSE OF CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS AND OTHER
SERVICES AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH PHYSICIANS,
IF SO EMPLOYED, SHALL RECEIVE COMPENSATION AS FIXED BY THE COMMISSION
WITHIN AMOUNTS APPROPRIATED THEREFOR. THE PROVISIONS OF SECTION SEVEN-
TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO:
(A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND
(B) IS RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE COMMISSION TO
PROFESSIONALS.
3. THE ADVISORY BOARD SHALL DEVELOP OR RECOMMEND APPROPRIATE MEDICAL
EDUCATION PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE CONDUCT
OF AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE AND
ACT UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS IN
A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH.
S. 6408--A 69 A. 9008--A
4. THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE OF
EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS.
5. THE ADVISORY BOARD SHALL ADVISE THE COMMISSION ON ANY STUDY OF
EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE
THE SAFETY OF PROFESSIONALS.
S 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. THE
COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS THAT:
1. ESTABLISH PARAMETERS AND LIMITATIONS ON WEIGHTS AND CLASSES OF
PROFESSIONALS;
2. ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION OF
ROUNDS;
3. ESTABLISH THE REQUIREMENTS FOR THE PRESENCE OF MEDICAL EQUIPMENT,
MEDICAL PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN EMER-
GENCY MEDICAL PLAN;
4. ESTABLISH RESPONSIBILITIES OF ALL LICENSEES BEFORE, DURING AND
AFTER AN EVENT;
5. DEFINE UNSPORTSMANLIKE PRACTICES;
6. ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE, REMUNERATION
OR PURSE, OR ANY PART THEREOF BASED ON THE CONDUCT OF PROFESSIONALS,
THEIR MANAGERS AND SECONDS;
7. ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED EQUIP-
MENT ITEMS UTILIZED BY PROFESSIONALS;
8. ESTABLISH PARAMETERS AND STANDARDS FOR RINGS, COMBAT SURFACES AND
APPURTENANCES THERETO; AND
9. ESTABLISH SUCH OTHER RULES AND CONDITIONS AS ARE NECESSARY TO
EFFECTUATE THE COMMISSION'S PURPOSE.
S 1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1. ALL
BUILDINGS OR STRUCTURES USED OR INTENDED TO BE USED FOR CONDUCTING
AUTHORIZED PROFESSIONAL COMBATIVE SPORTS SHALL BE PROPERLY VENTILATED
AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES, AND IN ALL MANNER CONFORM
TO THE LAWS, ORDINANCES AND REGULATIONS PERTAINING TO BUILDINGS IN THE
CITY, TOWN OR VILLAGE WHERE SITUATED.
2. NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN ANY
AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, AND NO PERSON UNDER SIXTEEN
YEARS OF AGE SHALL BE PERMITTED TO ATTEND THEREAT AS A SPECTATOR,
PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT-
TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN.
3. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, AT EACH AUTHORIZED PROFESSIONAL
COMBATIVE SPORT, EXCEPT WHERE CONDUCTED SOLELY FOR TRAINING PURPOSES,
THERE SHALL BE IN ATTENDANCE A DULY LICENSED REFEREE WHO SHALL DIRECT
AND CONTROL THE SAME. THERE SHALL ALSO BE IN ATTENDANCE, EXCEPT WHERE
CONDUCTED SOLELY FOR TRAINING PURPOSES, THREE DULY LICENSED JUDGES WHO
SHALL AT THE TERMINATION OF EACH SUCH AUTHORIZED PROFESSIONAL COMBATIVE
SPORT RENDER THEIR DECISION. THE WINNER SHALL BE DETERMINED IN ACCORD-
ANCE WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.
4. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, THE COMMISSION SHALL DIRECT AN
EMPLOYEE OF THE COMMISSION TO BE PRESENT AT EACH PLACE WHERE AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE TO BE CONDUCTED. SUCH EMPLOYEE OF THE
COMMISSION SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORT AND MAKE A WRITTEN REPORT OF THE SAME
IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION. WHERE AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE APPROVED TO BE HELD IN A STATE OR CITY
S. 6408--A 70 A. 9008--A
OWNED ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT THERETO MUST
BE COMPLIED WITH.
5. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, ANY RING OR COMBAT SURFACE MUST BE
INSPECTED AND APPROVED BY THE COMMISSION PRIOR TO THE COMMENCEMENT OF
ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT.
6. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, ALL PROFESSIONALS MUST BE EXAMINED
BY A PHYSICIAN DESIGNATED BY THE COMMISSION BEFORE ENTERING THE RING OR
COMBAT SURFACE AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE
COMMISSION A WRITTEN REPORT OF SUCH EXAMINATION. THE COST OF ANY SUCH
EXAMINATION, AS PRESCRIBED BY A SCHEDULE OF FEES ESTABLISHED BY THE
COMMISSION, SHALL BE PAID BY THE CORPORATION CONDUCTING THE AUTHORIZED
PROFESSIONAL COMBATIVE SPORT TO THE COMMISSION. IT SHALL BE THE DUTY OF
EVERY PERSON OR CORPORATION LICENSED TO CONDUCT AN AUTHORIZED PROFES-
SIONAL COMBATIVE SPORT, TO HAVE IN ATTENDANCE AT EVERY AUTHORIZED
PROFESSIONAL COMBATIVE SPORT, AT LEAST ONE PHYSICIAN DESIGNATED BY THE
COMMISSION AS THE RULES SHALL PROVIDE. THE COMMISSION MAY ESTABLISH A
SCHEDULE OF FEES TO BE PAID BY THE LICENSEE TO COVER THE COST OF SUCH
ATTENDANCE.
7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE
SPORT IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS RECEIVED
SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS PHYSICAL INJURY. IN THE
EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL IMMEDIATELY
RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR
HOSPITALIZATION IF REQUIRED, AND FULLY REPORT THE ENTIRE MATTER TO THE
COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER-
EAFTER. SUCH PHYSICIAN MAY ALSO REQUIRE THAT THE INJURED PROFESSIONAL
AND HIS OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES OR REPORT
TO A HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS SUCH PHYSI-
CIAN DEEMS ADVISABLE. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE
RENDERED UNCONSCIOUS OR SUFFERING HEAD TRAUMA AS DETERMINED BY THE
ATTENDING PHYSICIAN SHALL BE IMMEDIATELY EXAMINED BY THE ATTENDING
COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO UNDERGO NEUROLOGICAL EXAM-
INATIONS BY A NEUROLOGIST INCLUDING BUT NOT LIMITED TO MAGNETIC RESO-
NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE.
8. SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN AUTHORIZED
PROFESSIONAL COMBATIVE SPORT AND MAY TERMINATE THE MATCH IF IN HIS OR
HER OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR SERI-
OUS PHYSICAL INJURY TO A PROFESSIONAL.
9. BEFORE A LICENSE SHALL BE GRANTED TO A PERSON OR CORPORATION TO
CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT SHALL
EXECUTE AND FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT TO BE
DETERMINED BY THE COMMISSION, TO BE APPROVED AS TO FORM AND SUFFICIENCY
OF SURETIES THEREON BY THE SECRETARY OF STATE, CONDITIONED FOR THE
FAITHFUL PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF THIS ARTI-
CLE AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING
AND APPROVAL OF SAID BOND THE SECRETARY OF STATE SHALL ISSUE TO SAID
APPLICANT A CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE, BY
SAID APPLICANT, FILED IN THE OFFICE OF THE COMMISSION WITH ITS APPLICA-
TION FOR LICENSE, AND NO SUCH LICENSE SHALL BE ISSUED UNTIL SUCH CERTIF-
ICATE SHALL BE FILED. IN CASE OF DEFAULT IN SUCH PERFORMANCE, THE
COMMISSION MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED
BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW
S. 6408--A 71 A. 9008--A
YORK IN THE SAME MANNER AS OTHER PENALTIES ARE RECOVERED BY LAW; ANY
AMOUNT SO RECOVERED SHALL BE PAID INTO THE TREASURY.
10. IN ADDITION TO THE BOND REQUIRED BY SUBDIVISION NINE OF THIS
SECTION, EACH APPLICANT FOR A LICENSE TO CONDUCT AN AUTHORIZED PROFES-
SIONAL COMBATIVE SPORT SHALL EXECUTE AND FILE WITH THE SECRETARY OF
STATE A BOND IN AN AMOUNT TO BE DETERMINED BY THE COMMISSION TO BE
APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY
OF STATE, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONALS'
AND PROFESSIONAL WRESTLERS' PURSES, SALARIES OF CLUB EMPLOYEES LICENSED
BY THE COMMISSION, AND THE LEGITIMATE EXPENSES OF PRINTING TICKETS AND
ALL ADVERTISING MATERIAL.
11. ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS PROMOTERS
OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER
FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE
PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR-
ING IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS OR WRESTLING EXHIBI-
TIONS. SUCH ACCIDENT INSURANCE OR FINANCIAL GUARANTEE SHALL PROVIDE
COVERAGE TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND HOSPI-
TAL CARE, WITH A MINIMUM LIMIT OF FIFTY THOUSAND DOLLARS FOR INJURIES
SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE CONTROL
OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF FIFTY THOUSAND DOLLARS TO
THE ESTATE OF ANY DECEASED ATHLETE WHERE SUCH DEATH IS OCCASIONED BY
INJURIES RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN WHICH
SUCH LICENSED PROFESSIONAL OR PROFESSIONAL WRESTLER PARTICIPATED UNDER
THE PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL, SURGI-
CAL AND HOSPITAL CARE WITH A MINIMUM LIMIT OF ONE MILLION DOLLARS FOR
THE TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A PROGRAM
OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI-
ABLE, CAUSAL LINK EXISTS BETWEEN THE PROFESSIONAL LICENSEE'S PARTIC-
IPATION IN SUCH PROGRAM AND THE LIFE-THREATENING BRAIN INJURY. WHERE
APPLICABLE, PROFESSIONAL LICENSEES SHALL BE AFFORDED THE OPTION TO
SUPPLEMENT THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL GUARAN-
TEE TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY THIS
SUBDIVISION. THE COMMISSION MAY FROM TIME TO TIME, PROMULGATE REGU-
LATIONS TO ADJUST THE AMOUNT OF SUCH MINIMUM LIMITS. THE FAILURE TO
PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE
FOR THE SUSPENSION OR THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING
ENTITY.
12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY
PROFESSIONAL OR AMATEUR COMBATIVE SPORT, INCLUDING ANY PROFESSIONAL
WRESTLING MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED OR
RECEIVED, SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN
ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO ANY
SUCH PROFESSIONAL OR AMATEUR COMBATIVE SPORT OR PROFESSIONAL WRESTLING
MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY AUTHORIZED BY
THE STATE ATHLETIC COMMISSION TO PRINT SUCH TICKETS AND SHALL BEAR
CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION OF SAME.
(B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
EMPLOYEES OR OFFICERS OF THE COMMISSION SHALL ACT AS AGENTS OF THE
COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY ARTI-
CLE NINETEEN OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL PROVIDE THE
COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECHNICAL
ASSISTANCE AS MAY BE NECESSARY FOR THE PROPER ADMINISTRATION OF SUCH
TAX.
S. 6408--A 72 A. 9008--A
S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS
OR OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT
OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION
A WRITTEN STATEMENT EXECUTED UNDER PENALTY OF PERJURY STATING (A) ALL
CHARGES, EXPENSES, FEES, AND COSTS THAT WILL BE ASSESSED AGAINST ANY
PROFESSIONAL PARTICIPATING IN THE EVENT; (B) ALL PAYMENTS, BENEFITS,
COMPLIMENTARY BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL RECEIVE
FOR ITS AFFILIATION WITH THE EVENT; (C) THE NAME OF THE PROMOTER; (D)
SPONSOR OF THE EVENT; AND (E) ALL OTHER SOURCES, AND SUCH OTHER AND
ADDITIONAL INFORMATION AS REQUIRED BY THE COMMISSION. SUCH WRITTEN
STATEMENT SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMIS-
SION.
2. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN
THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS
FOR A CONTEST MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT UNDER
PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR
THROUGH THE PROMOTER ON THE PROFESSIONAL PERTAINING TO THE EVENT,
INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL
RECEIVE AND TRAINING EXPENSES AND ALL PAYMENTS, GIFTS OR BENEFITS THE
PROMOTER IS PROVIDING TO ANY SANCTIONING ORGANIZATION AFFILIATED WITH
THE EVENT. SUCH WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER
ACCEPTABLE TO THE COMMISSION.
3. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN
THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS
FOR A CONTEST MUST FILE WITH THE COMMISSION A COPY OF ANY AGREEMENT IN
WRITING TO WHICH THE PROMOTER IS A PARTY WITH ANY PROFESSIONAL PARTIC-
IPATING IN THE MATCH.
4. ALL CONTRACTS CALLING FOR THE SERVICES OF A PROFESSIONAL IN AN
AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND ENTERED INTO BY LICENSED
PROMOTERS, PROFESSIONALS OR MANAGERS AS ONE OR MORE OF THE PARTIES IN
SUCH CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE RIGHTS TO
DISTRIBUTE, TELEVISE OR OTHERWISE TRANSMIT ANY AUTHORIZED PROFESSIONAL
COMBATIVE SPORT OVER THE AIRWAVES OR BY CABLE SHALL BE SUBJECT TO THE
APPROVAL OF THE COMMISSION AND COPIES THEREOF SHALL BE FILED WITH THE
COMMISSION BY SUCH CORPORATION, PROFESSIONAL OR MANAGER WITHIN
FORTY-EIGHT HOURS AFTER THE EXECUTION OF SUCH CONTRACT AND AT LEAST TEN
BUSINESS DAYS PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES OF BOUTS,
TO WHICH THEY RELATE. THE COMMISSION MAY WAIVE SUCH FILING DEADLINE FOR
GOOD CAUSE SHOWN.
S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS
ARTICLE, "PROFESSIONAL WRESTLING" SHALL MEAN AN ACTIVITY IN WHICH
PARTICIPANTS STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF PROVID-
ING ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA FIDE
ATHLETIC CONTEST OR COMPETITION.
2. EVERY PERSON, PARTNERSHIP OR CORPORATION PROMOTING ONE OR MORE
PROFESSIONAL WRESTLING EXHIBITIONS IN THIS STATE SHALL BE REQUIRED TO
OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS
SUBJECT TO TERMS AND CONDITIONS PROMULGATED BY THE COMMISSION PURSUANT
TO RULE AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE.
EACH APPLICANT SHALL PAY AN ANNUAL FEE ESTABLISHED BY THE COMMISSION
PURSUANT TO RULE.
3. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION IN THE
STATE SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN ADVANCE
OF THE HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL EXECUTE AND
FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU-
SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER-
S. 6408--A 73 A. 9008--A
EON BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF
PROFESSIONAL WRESTLER'S PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY
THE COMMISSION, THE LEGITIMATE EXPENSES OF PRINTING TICKETS AND ALL
ADVERTISING MATERIAL, PAYMENTS TO SPONSORING ORGANIZATIONS, AND THE
APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX.
4. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION SHALL
PROVIDE FOR A LICENSED PHYSICIAN TO BE PRESENT AT EACH EXHIBITION, AND
SUCH PHYSICIAN SHALL EXAMINE EACH WRESTLER PRIOR TO EACH PERFORMANCE,
AND EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN ACCORD-
ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION.
5. EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES SIX
OR MORE EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE IN PLACE
AN ANTI-DRUG PLAN AND FILE WITH THE COMMISSION A WRITTEN COPY OF THE
PLAN. EACH SUCH PLAN SHALL ADDRESS THE USE OF A CONTROLLED SUBSTANCE
DEFINED IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH PLAN
SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING:
(A) DISSEMINATION OF EDUCATIONAL MATERIALS TO PROFESSIONAL WRESTLERS
WHO PERFORM FOR ANY SUCH PROMOTER INCLUDING A LIST OF PROHIBITED DRUGS
AND AVAILABLE REHABILITATION SERVICES; AND
(B) A REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL WRESTLER TO
OBTAIN REHABILITATION SERVICES.
S 1018. PROHIBITED CONDUCT. 1. NO CORPORATION OR PERSON SHALL HAVE,
EITHER DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A PROFESSIONAL
BOXER COMPETING ON PREMISES OWNED OR LEASED BY THE CORPORATION OR
PERSON, OR IN WHICH SUCH CORPORATION OR PERSON IS OTHERWISE INTERESTED
EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION.
2. NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL BE
PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE
COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS
OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR.
3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY
PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR
SECOND, WHO SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY SHAM OR
COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF
HIS OR HER LICENSE BY THE COMMISSION AND ANY OTHER APPROPRIATE LEGAL
REMEDIES.
4. NO LICENSED PROMOTER OR MATCHMAKER SHALL KNOWINGLY ENGAGE IN A
COURSE OF CONDUCT IN WHICH FIGHTS ARE ARRANGED WHERE ONE PROFESSIONAL
HAS SKILLS OR EXPERIENCE SIGNIFICANTLY IN EXCESS OF THE OTHER PROFES-
SIONAL SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO
THE PROFESSIONAL.
S 1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM
A PROHIBITED COMBATIVE SPORT SHALL BE GUILTY OF A CLASS A MISDEMEANOR,
AND SHALL BE GUILTY OF A CLASS E FELONY IF HE OR SHE HAS BEEN CONVICTED
IN THE PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION.
2. ANY PERSON WHO KNOWINGLY ADVANCES OR PROFITS FROM A PROHIBITED
COMBATIVE SPORT SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
FOR THE FIRST VIOLATION TEN THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN
DERIVED THEREFROM WHICHEVER IS GREATER, OR FOR A SUBSEQUENT VIOLATION
TWENTY-FIVE THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED THERE-
FROM WHICHEVER IS GREATER. THE ATTORNEY GENERAL IS HEREBY EMPOWERED TO
COMMENCE JUDICIAL PROCEEDINGS TO RECOVER SUCH PENALTIES AND TO OBTAIN
INJUNCTIVE RELIEF TO ENFORCE THE PROVISIONS OF THIS SECTION.
3. ANY PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY CONDUCTS ANY
COMBATIVE SPORT WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE, OR
HAVING BEEN DESIGNATED AN AUTHORIZED SANCTIONING ENTITY AS PRESCRIBED IN
S. 6408--A 74 A. 9008--A
THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. ANY PERSON WHO PARTIC-
IPATES IN A COMBATIVE SPORT AS A REFEREE, JUDGE, MATCH-MAKER, TIMEKEEP-
ER, PROFESSIONAL, MANAGER, TRAINER, OR SECOND WITHOUT FIRST HAVING
PROCURED AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR WHERE
SUCH COMBATIVE SPORT IS PROHIBITED UNDER THIS ARTICLE SHALL BE GUILTY OF
A MISDEMEANOR. ANY PERSON, PARTNERSHIP OR CORPORATION WHO PROMOTES A
PROFESSIONAL WRESTLING MATCH OR EXHIBITION IN THE STATE WITHOUT FIRST
HAVING PROCURED AN APPROPRIATE LICENSE IN ACCORDANCE WITH SECTION ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR.
4. ANY CORPORATION, ENTITY, PERSON OR PERSONS, LICENSED, PERMITTED OR
OTHERWISE AUTHORIZED UNDER THE PROVISIONS OF THIS ARTICLE, THAT SHALL
KNOWINGLY VIOLATE ANY RULE OR ORDER OF THE COMMISSION OR ANY PROVISION
OF THIS ARTICLE, IN ADDITION TO ANY OTHER PENALTY BY LAW PRESCRIBED,
SHALL BE LIABLE TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS
FOR THE FIRST OFFENSE AND NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR
THE SECOND AND EACH SUBSEQUENT OFFENSE, TO BE IMPOSED BY THE COMMISSION,
TO BE SUED FOR BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK IF DIRECTED BY THE COMMISSION. THE COMMISSION, FOR
CAUSE SHOWN, MAY EXTEND THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY
COMPROMISE, MAY ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY AS IMPOSED
IN SETTLEMENT THEREOF. FOR THE PURPOSES OF THIS SECTION, EACH TRANS-
ACTION OR STATUTORY VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE,
EXCEPT THAT A SECOND OR SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST
UNLESS A DECISION HAS BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT
PROCEEDING.
5. ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED PURSU-
ANT TO SUBDIVISION TWO OF SECTION ONE THOUSAND NINE OF THIS ARTICLE,
WHICH INFRACTION MAY INCLUDE MORE THAN ONE INDIVIDUAL VIOLATION, THE
COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS
FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL-
ITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED. ON THE
SECOND SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO
FIVE HUNDRED DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY
SUSPEND THE TRAINING FACILITY'S LICENSE UNTIL THE VIOLATION OR
VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT
INFRACTIONS, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO SEVEN
HUNDRED FIFTY DOLLARS FOR EACH HEALTH AND SAFETY VIOLATION AND MAY
REVOKE THE TRAINING FACILITY'S LICENSE.
6. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING TO FULLY
COMPLY WITH PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND
FIFTEEN OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY OF FIVE HUNDRED
DOLLARS TO BE COLLECTED BY AND PAID TO THE DEPARTMENT OF STATE. ANY
INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB IS PROHIBITED FROM OPERAT-
ING ANY SHOWS OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS
SECTION AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE NINE-
TEEN OF THE TAX LAW HAVE BEEN PAID.
7. ALL PENALTIES IMPOSED AND COLLECTED BY THE COMMISSION FROM ANY
CORPORATION, ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS OF
THIS ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED UNDER
AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER-
EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY.
S 1020. SUBPOENAS BY COMMISSION; OATHS. THE COMMISSION SHALL HAVE
AUTHORITY TO ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE SEAL OF
THE COMMISSION, SUBPOENAS FOR THE ATTENDANCE OF WITNESSES BEFORE THE
COMMISSION. A SUBPOENA ISSUED UNDER THIS SECTION SHALL BE REGULATED BY
THE CIVIL PRACTICE LAW AND RULES.
S. 6408--A 75 A. 9008--A
S 1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS PROVIDED
IN SUBDIVISION TWELVE OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE
SHALL NOT BE CONSTRUED TO APPLY TO ANY SPARRING OR BOXING CONTEST OR
EXHIBITION CONDUCTED UNDER THE SUPERVISION OR THE CONTROL OF THE NEW
YORK STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE CONTESTANTS
ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION
WHERE THE CONTESTANTS ARE ALL AMATEURS, SPONSORED BY AND UNDER THE
SUPERVISION OF ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER INSTITUTION OF
LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY
BUSINESS ENTITY INCORPORATED FOR THE PURPOSES OF PROVIDING INSTRUCTION
AND EVALUATION IN A COMBATIVE SPORT TO CUSTOMERS FOR THE PURPOSES OF
HEALTH AND FITNESS, PERSONAL DEVELOPMENT, SELF-DEFENSE OR PARTICIPATION
IN AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY; NOR TO
ANY SUCH CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE ALL AMATEURS
SPONSORED BY AND UNDER THE SUPERVISION OF THE AMERICAN OLYMPIC ASSOCI-
ATION OR, IN THE CASE OF BOXING, THE U.S. AMATEUR BOXING FEDERATION OR
ITS LOCAL AFFILIATES OR THE AMERICAN OLYMPIC ASSOCIATION; NOR EXCEPT AS
TO THE EXTENT PROVIDED OTHERWISE IN THIS ARTICLE, TO ANY PROFESSIONAL
WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE. ANY INDIVID-
UAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT ELEMENTARY OR HIGH SCHOOLS
OR EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE REGENTS OF THE
STATE OF NEW YORK, WHO OR WHICH CONDUCTS AN AMATEUR CONTEST PURSUANT TO
THIS SECTION MUST REGISTER WITH THE U. S. AMATEUR BOXING FEDERATION OR
ITS LOCAL AFFILIATES AND ABIDE BY ITS RULES AND REGULATIONS.
S 1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION SHALL
BE PAID INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT RECEIPTS FROM
THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS
PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW.
S 3. Subdivision 1 of section 451 of the tax law, as amended by
section 1 of part F of chapter 407 of the laws of 1999, is amended to
read as follows:
1. "Gross receipts from ticket sales" shall mean the total gross
receipts of every person from the sale of tickets to any [professional
or amateur boxing, sparring or wrestling match or exhibition] AUTHORIZED
COMBATIVE SPORT held in this state, and without any deduction whatsoever
for commissions, brokerage, distribution fees, advertising or any other
expenses, charges and recoupments in respect thereto.
S 4. Section 451 of the tax law is amended by adding a new subdivision
4 to read as follows:
4. "AUTHORIZED COMBATIVE SPORT" SHALL MEAN ANY COMBATIVE SPORT AUTHOR-
IZED PURSUANT TO SECTION ONE THOUSAND ONE OF THE GENERAL BUSINESS LAW.
S 5. Section 452 of the tax law, as amended by section 2 of part F of
chapter 407 of the laws of 1999, is amended to read as follows:
S 452. Imposition of tax. 1. On and after October first, nineteen
hundred ninety-nine, a tax is hereby imposed and shall be paid upon the
gross receipts of every person holding any professional or amateur
boxing, sparring or wrestling match or exhibition in this state. Such
tax shall be imposed on such gross receipts, exclusive of any federal
taxes, as follows:
(a) three percent of gross receipts from ticket sales, except that in
no event shall the tax imposed by this [subdivision] PARAGRAPH exceed
fifty thousand dollars for any match or exhibition;
(b) three percent of gross receipts from broadcasting rights, except
that in no event shall the tax imposed by this [subdivision] PARAGRAPH
exceed fifty thousand dollars for any match or exhibition.
S. 6408--A 76 A. 9008--A
2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE-
BY IMPOSED AND SHALL BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON
HOLDING ANY AUTHORIZED COMBATIVE SPORT IN THIS STATE, OTHER THAN ANY
PROFESSIONAL OR AMATEUR BOXING, SPARRING OR WRESTLING EXHIBITION OR
MATCH, EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS:
(A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPTS FROM TICKET SALES;
AND
(B) THREE PERCENT OF THE SUM OF (I) GROSS RECEIPTS FROM BROADCASTING
RIGHTS, AND (II) GROSS RECEIPTS FROM DIGITAL STREAMING OVER THE INTER-
NET, EXCEPT THAT IN NO EVENT SHALL SUCH TAX IMPOSED PURSUANT TO THIS
PARAGRAPH EXCEED FIFTY THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
S 6. The article heading of article 19 of the tax law, as added by
chapter 833 of the laws of 1987, is amended to read as follows:
[BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE
SPORTS TAX
S 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
amended by section 100 of part A of chapter 389 of the laws of 1997, is
amended to read as follows:
(1) Any admission charge where such admission charge is in excess of
ten cents to or for the use of any place of amusement in the state,
except charges for admission to race tracks[, boxing, sparring or wres-
tling matches or exhibitions] OR AUTHORIZED COMBATIVE SPORTS which
charges are taxed under any other law of this state, or dramatic or
musical arts performances, or live circus performances, or motion
picture theaters, and except charges to a patron for admission to, or
use of, facilities for sporting activities in which such patron is to be
a participant, such as bowling alleys and swimming pools. For any person
having the permanent use or possession of a box or seat or a lease or a
license, other than a season ticket, for the use of a box or seat at a
place of amusement, the tax shall be upon the amount for which a similar
box or seat is sold for each performance or exhibition at which the box
or seat is used or reserved by the holder, licensee or lessee, and shall
be paid by the holder, licensee or lessee.
S 8. The section heading of section 1820 of the tax law, as amended
by section 32 of subpart I of part V-1 of chapter 57 of the laws of
2009, is amended to read as follows:
[Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax.
S 9. Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
beverage control law, as added by chapter 254 of the laws of 2001, is
amended to read as follows:
(b) The prohibition contained in paragraph (a) of this subdivision,
however, shall not be applied to any [professional match or exhibition
which consists of boxing, sparring, wrestling, or martial arts and which
is excepted from the definition of the term "combative sport" contained
in subdivision one of section five-a of chapter nine hundred twelve of
the laws of nineteen hundred twenty, as added by chapter fourteen of the
laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT.
S 10. The department of state, with the assistance of the state
athletic commission, medical advisory board, departments of health and
financial services, state insurance fund, division of budget and such
other state entities as appropriate, shall carefully consider potential
mechanisms to provide financial resources for the payment of expenses
related to medical and rehabilitative care for professionals licensed
under article forty-one of the general business law who experience
debilitating brain injuries associated with repetitive head injuries
sustained through their participation in combative sports. The depart-
S. 6408--A 77 A. 9008--A
ment of state may consult and contract with third parties for services
in the course of this review. The department of state shall report its
findings and recommendations to the governor, temporary president of the
senate and speaker of the assembly within eighteen months of the effec-
tive date of this section. In addition to the foregoing, within twelve
months of the effective date of this section, the state athletic commis-
sion shall make any recommendations to the governor, temporary president
of the senate and speaker of the assembly regarding legislative changes
which may be necessary to effectuate the purpose and intent of this
chapter, including, but not limited to, appropriate adjustments to the
insurance requirements contained therein.
S 11. This act shall take effect on the first day of the first month
next succeeding the one hundred twentieth day after it shall have become
a law and shall apply to gross receipts from combative sports held on or
after that date; provided, however, that the addition, amendment and/or
repeal of any rule or regulation of the state athletic commission neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such effective date.
PART P
Section 1. Section 2 of chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the dormito-
ry authority of the state of New York relative to the establishment of
subsidiaries for certain purposes, as amended by section 1 of part X of
chapter 57 of the laws of 2014, is amended to read as follows:
S 2. This act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2016] 2018; provided however, that the expi-
ration of this act shall not impair or otherwise affect any of the
powers, duties, responsibilities, functions, rights or liabilities of
any subsidiary duly created pursuant to subdivision twenty-five of
section 1678 of the public authorities law prior to such expiration.
S 2. This act shall take effect immediately.
PART Q
Section 1. Subdivisions 10, 11, 12 and 13 of section 351 of the public
authorities law are REPEALED and subdivision 14 of such section is
renumbered subdivision 10.
S 2. Subdivisions 6, 8 and 10 of section 354 of the public authorities
law, subdivision 6 as amended by chapter 506 of the laws of 2009, and
subdivisions 8 and 10 as amended by chapter 766 of the laws of 1992, are
amended to read as follows:
6. To appoint officers, agents and employees and fix their compen-
sation, provided, however, that the appointment of the executive direc-
tor shall be subject to confirmation by the senate in accordance with
section twenty-eight hundred fifty-two of this chapter; subject however
to the provisions of the civil service law, which shall apply to the
authority [and to the subsidiary corporation thereof] as a municipal
corporation other than a city;
8. Subject to agreements with noteholders or bondholders, to fix and
collect such fees, rentals and charges for the use of the thruway
[system] or any part thereof necessary or convenient, with an adequate
margin of safety, to produce sufficient revenue to meet the expense of
maintenance and operation and to fulfill the terms of any agreements
made with the holders of its notes or bonds, and to establish the rights
S. 6408--A 78 A. 9008--A
and privileges granted upon payment thereof[; provided, however, that
tolls may only be imposed for the passage through locks and lift bridges
by vessels which are propelled in whole or in part by mechanical power;
and provided further that no tolls shall be imposed or collected prior
to the first day of April, nineteen hundred ninety-three].
10. To construct, reconstruct or improve on or along the thruway
[system] in the manner herein provided, suitable facilities for gas
stations, restaurants, and other facilities for the public, or to lease
the right to construct, reconstruct or improve and operate such facili-
ties; such facilities shall be publicly offered for leasing for opera-
tion, or the right to construct, reconstruct or improve and operate such
facilities shall be publicly offered under rules and regulations to be
established by the authority, provided, however, that lessees operating
such facilities at the time this act becomes effective, may reconstruct
or improve them or may construct additional like facilities, in the
manner and upon such terms and conditions as the board shall determine[;
and provided further, however, that such facilities constructed, recon-
structed or improved on or along the canal system shall be consistent
with the canal recreationway plan approved pursuant to section one
hundred thirty-eight-c of the canal law and section three hundred eight-
y-two of this title];
S 3. Section 355 of the public authorities law, as amended by chapter
138 of the laws of 1997, is amended to read as follows:
S 355. Officers and employees; transfer, promotion and seniority. 1.
Officers and employees of state departments, agencies, [or the canal
corporation] OR DIVISIONS may be transferred to the authority and offi-
cers, agents and employees of the authority may be transferred to state
departments, agencies, [or the canal corporation] OR DIVISIONS, without
examination and without loss of any civil service status or rights. No
such transfer from the authority [or canal corporation] to any state
department, agency, or division may, however, be made except with the
approval of the head of the state department, agency, or division
involved and the director of the budget and in compliance with the rules
and regulations of the state civil service commission.
2. Promotions from positions in state departments and agencies to
positions in the authority [or canal corporation], and vice versa, may
be made from interdepartmental promotion lists resulting from promotion
examinations in which employees of the authority[, employees of the
canal corporation,] and employees of the state are eligible to partic-
ipate.
3. In computing seniority for purposes of promotion or for purposes of
suspension or demotion upon the abolition of positions in the service of
the authority or in the service of the state, in the case of an employee
of the authority a period of prior employment in the service of the
state shall be counted in the same manner as though such period of
employment had been in the service of the authority, and in the case of
an employee of the state a period of prior employment in the service of
the authority shall be counted in the same manner as though such period
of employment had been in the service of the state. For the purposes of
the establishment and certification of preferred lists, employees
suspended from the authority shall be eligible for reinstatement in the
service of the state, and employees suspended from the service of the
state shall be eligible for reinstatement in the service of the authori-
ty, in the same manner as though the authority were a department of the
state. [All provisions contained within this subdivision shall apply to
S. 6408--A 79 A. 9008--A
the canal corporation in the same manner that they apply to the authori-
ty.]
S 4. Section 357 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
S 357. Right of authority to use state property; payment for improve-
ments. On assuming jurisdiction of a thruway highway section or
connection or any part thereof, or of a highway connection, [or of the
New York state canal system,] the authority shall have the right to
possess and use for its corporate purposes so long as its corporate
existence shall continue, any real property and rights in real property
theretofore acquired by the state, including all improvements thereon
[and state canal lands and properties; provided that the use by the
authority of canal lands and properties for highway purposes shall not
interfere with the use thereof for canal purposes].
S 5. Subdivisions 2 and 3 of section 357-a of the public authorities
law are REPEALED and subdivision 1, as added by section 1 of part E of
chapter 58 of the laws of 2013, is amended to read as follows:
1. Enforcement assistance [shall be] provided by the division of state
police at [a level consistent with historical precedents, as a matter of
state interest, on all sections of the thruway. The authority shall
provide goods and services to the division of state police in connection
with its enforcement activity on the thruway. The division of state
police and the authority shall enter into an agreement identifying those
goods and services that the authority will provide to the division of
state police and determine reporting and other requirements related
thereto. Any costs borne by the state police outside of such agreement
shall not be reimbursed by the authority nor shall they be deemed costs
of the authority] THE REQUEST OF THE AUTHORITY SHALL BE REIMBURSED BY
THE AUTHORITY TO THE DIVISION OF STATE POLICE FROM THE GENERAL RESERVE
FUND ESTABLISHED BY THE AUTHORITY UNDER ITS AGREEMENT WITH BONDHOLDERS,
AFTER PAYMENT OF ANY AMOUNTS DUE ON ANY BONDS OR NOTES OF THE AUTHORITY.
THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE
POLICING NYS THRUWAY ACCOUNT, REVENUES RECEIVED FROM THE AUTHORITY AS
REIMBURSEMENT FOR PERSONAL SERVICE EXPENSES INCLUDING GENERAL STATE
CHARGES. IN ADDITION, THE AUTHORITY SHALL REIMBURSE THE DIVISION OF
STATE POLICE FOR NON-PERSONAL SERVICE EXPENSES CONNECTED WITH SUCH
ASSISTANCE. SUCH REIMBURSEMENT SHALL BE MADE FROM SUCH GENERAL RESERVE
FUND. THE AUTHORITY SHALL DEPOSIT SAID REIMBURSEMENT FUNDS FOR NON-PER-
SONAL SERVICE EXPENSES TO THE CREDIT OF THE DIVISION OF STATE POLICE. NO
PAYMENTS MADE BY THE AUTHORITY UNDER THIS SUBSECTION SHALL BE DEEMED
OPERATING EXPENSES OF THE AUTHORITY.
S 6. Subdivision 1 of section 359 of the public authorities law, as
amended by chapter 766 of the laws of 1992, is amended to read as
follows:
1. On assuming jurisdiction of a thruway section or connection or any
part thereof, or of a highway connection, [or of the New York state
canal system,] the authority shall proceed with the construction, recon-
struction or improvement thereof. All such work shall be done pursuant
to a contract or contracts which shall be let to the lowest responsible
bidder, by sealed proposals publicly opened, after public advertisement
and upon such terms and conditions as the authority shall require;
provided, however, that the authority may reject any and all proposals
and may advertise for new proposals, as herein provided, if in its opin-
ion, the best interests of the authority will thereby be promoted;
provided further, however, that at the request of the authority, all or
any portion of such work, together with any engineering required by the
S. 6408--A 80 A. 9008--A
authority in connection therewith, shall be performed by the commission-
er and his subordinates in the department of transportation as agents
for, and at the expense of, the authority.
S 7. Section 359-a of the public authorities law, as added by chapter
140 of the laws of 2002, is amended to read as follows:
S 359-a. Procurement contracts. For the purposes of section twenty-
eight hundred seventy-nine of this chapter as applied to the authority
[or the canal corporation], the term "procurement contract" shall mean
any written agreement for the acquisition of goods or services of any
kind by the authority [or the canal corporation] in the actual or esti-
mated amount of fifteen thousand dollars or more.
S 8. Section 360 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
S 360. Operation and maintenance. Operation and maintenance by the
authority of any thruway section or connection or any part thereof or of
a highway connection[, the New York state canal system] of which it has
assumed jurisdiction shall be performed (a) by the use of authority
forces and equipment at the expense of the authority or by agreement at
the expense of the state or other parties; (b) by contract with munici-
palities or independent contractors; (c) at the request of the authori-
ty, by the commissioner and his subordinates in the department of trans-
portation as agents for, and at the expense of the authority, or (d) by
a combination of such methods.
S 9. Section 362 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
S 362. Assistance by state officers, departments, boards, divisions
and commissions. At the request of the authority, engineering and legal
services for such authority shall be performed by forces or officers of
the department of transportation and the department of law respectively,
and all other state officers, departments, boards, divisions and commis-
sions shall render services within their respective functions. At the
request of the authority, services in connection with the collection of
any charges or fees for the use of the thruway[, the New York state
canal system] or any part thereof may be performed by the department of
motor vehicles.
S 10. Paragraph (a) of subdivision 1, and paragraph (i) of subdivision
3 of section 365 of the public authorities law, as amended by chapter
766 of the laws of 1992, are amended to read as follows:
(a) Subject to the provisions of section three hundred sixty-six of
this title, the authority shall have the power and is hereby authorized
from time to time to issue its negotiable notes and bonds in conformity
with applicable provisions of the uniform commercial code in such prin-
cipal amount as, in the opinion of the authority, shall be necessary to
provide sufficient moneys for achieving the corporate purposes thereof,
including construction, reconstruction and improvement of the thruway
sections and connections, and highway connections herein described, [the
New York state canal system subject to the provisions of section three
hundred eighty-three of this title,] together with suitable facilities
and appurtenances, the payment of all indebtedness to the state, the
cost of acquisition of all real property, the expense of maintenance and
operation, interest on notes and bonds during construction and for a
reasonable period thereafter, establishment of reserves to secure notes
or bonds, and all other expenditures of the authority incident to and
necessary or convenient to carry out its corporate purposes and powers.
S. 6408--A 81 A. 9008--A
(i) the acquisition of jurisdiction over, and of property for, thru-
ways, [the New York state canal system,] and the construction, recon-
struction, improvement, maintenance or operation thereof;
S 11. Section 382 of the public authorities law is REPEALED.
S 12. Section 383 of the public authorities law is REPEALED.
S 13. Section 388 of the public authorities law, as added by chapter
500 of the laws of 2011, is amended to read as follows:
S 388. Limitation on powers of the authority. A department, authority,
division or agency of the state shall not offer or permit any officer or
employee of such department, authority, division or agency to use a pass
to access and/or use the thruway [system] without the officer's or
employee's personal payment of tolls except when the use of such a pass
and/or use of the thruway [system] without personal payment of tolls
occurs in the normal course of the employment or duties of such officer
or employee. This section shall not diminish the rights of any employee
pursuant to a collective bargaining agreement.
S 14. Subdivisions 18 and 21 of section 2 of the canal law, subdivi-
sion 18 as amended and subdivision 21 as renumbered by chapter 335 of
the laws of 2001, subdivision 21 as added by chapter 442 of the laws of
1996, are amended and a new subdivision 24 is added to read as follows:
18. "Authority" shall mean the [New York state thruway authority, a
body corporate and politic constituting a public corporation created and
constituted pursuant to title nine of article two] POWER AUTHORITY OF
THE STATE OF NEW YORK, A BODY CORPORATE AND POLITIC CONSTITUTING A POLI-
TICAL SUBDIVISION OF THE STATE CREATED AND CONSTITUTED PURSUANT TO TITLE
ONE OF ARTICLE FIVE of the public authorities law.
21. "Corporation" AND "CANAL CORPORATION" shall mean the New York
state canal corporation, [a subsidiary of the New York state thruway
authority,] A PUBLIC BENEFIT CORPORATION created pursuant to [section
three hundred eighty-two of the public authorities law] CHAPTER SEVEN
HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND CONTIN-
UED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER AUTHORITY
OF THE STATE OF NEW YORK PURSUANT TO SUBDIVISION ONE OF SECTION ONE
THOUSAND FIVE-B OF THE PUBLIC AUTHORITIES LAW.
24. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORI-
TY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC CORPORATION
CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF ARTICLE TWO OF THE
PUBLIC AUTHORITIES LAW.
S 15. The article heading of article 1-A of the canal law, as added by
chapter 766 of the laws of 1992, is amended to read as follows:
TRANSFER TO [NEW YORK STATE THRUWAY AUTHORITY]
POWER AUTHORITY OF THE STATE OF NEW YORK
S 16. Section 5 of the canal law, as amended by amended chapter 335 of
the laws of 2001, is amended to read as follows:
S 5. Transfer of powers and duties relating to canals and canal lands
to the [New York state thruway authority] POWER AUTHORITY OF THE STATE
OF NEW YORK. The powers and duties of the [commissioner of transporta-
tion] THRUWAY AUTHORITY relating to the New York state canal system as
set forth in articles one through and including fourteen, except article
seven, of this chapter, and except properties in use on the effective
date of this article in support of highway maintenance, equipment
management and traffic signal operations of the department of transpor-
tation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPORTATION TO
THE THRUWAY AUTHORITY, are hereby transferred to and merged with the
authority, to be exercised by the authority DIRECTLY OR THROUGH THE
CANAL CORPORATION on behalf of the people of the state of New York. In
S. 6408--A 82 A. 9008--A
addition, the commissioner of transportation and the [chairman] CHAIR of
the authority OR HIS OR HER DESIGNEE may, in their discretion, enter
into an agreement or agreements transferring the powers and duties of
the commissioner of transportation relating to any or all of the bridges
and highways as set forth in article seven of this chapter, to be exer-
cised by the authority DIRECTLY OR THROUGH THE CANAL CORPORATION on
behalf of the people of the state of New York, and, AS DETERMINED TO BE
FEASIBLE AND ADVISABLE BY THE AUTHORITY'S TRUSTEES, shall enter into an
agreement or agreements DIRECTLY OR THROUGH THE CANAL CORPORATION for
the financing, construction, reconstruction or improvement of lift and
movable bridges on the canal system. Such powers shall be in addition to
other powers enumerated in title [nine] ONE of article [two] FIVE of the
public authorities law. All of the provisions of title [nine] ONE of
article [two] FIVE of such law which are not inconsistent with this
chapter shall apply to the actions and duties of the authority pursuant
to this chapter. The authority shall be deemed to be the state in exer-
cising the powers and duties transferred pursuant to this section but
for no other purposes.
S 17. Subdivisions 1, 2, 3, 4 and 5 of section 6 of the canal law,
subdivisions 2 and 5 as added by chapter 766 of the laws of 1992, and
subdivisions 1, 3 and 4 as amended by chapter 335 of the laws of 2001,
are amended to read as follows:
1. The jurisdiction of the [commissioner of transportation] THRUWAY
AUTHORITY over the New York state canal system and over all state
assets, equipment and property, both tangible and intangible, owned or
used in connection with the planning, development, construction, recon-
struction, maintenance and operation of the New York state canal system,
as set forth in articles one through and including fourteen, except
article seven, of this chapter, and except properties in use on the
effective date of this article in support of highway maintenance, equip-
ment management and traffic signal operations of the department of
transportation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPOR-
TATION TO THE THRUWAY AUTHORITY, are hereby transferred without consid-
eration to the authority, to be held by the authority in the name of the
people of the state of New York. In addition the commissioner of trans-
portation and the [chairman] CHAIR of the authority OR HIS OR HER DESIG-
NEE may, in their discretion, enter into an agreement or agreements
transferring jurisdiction over any or all of the bridges and highways
set forth in article seven of this chapter, and any or all state assets,
equipment and property, both tangible and intangible, owned or used in
connection with the planning, development, construction, reconstruction,
maintenance and operation of such bridges and highways, which shall be
transferred without consideration to the authority, to be held by the
authority through the corporation in the name of the people of the state
of New York. Any other rights and obligations resulting from or arising
out of the planning, development, construction, reconstruction, opera-
tion or maintenance of the New York state canal system shall be deemed
assigned to and shall be exercised by the authority through the corpo-
ration, except that the authority may designate the [commissioner of
transportation] CHAIR OF THE THRUWAY AUTHORITY to be its agent for the
operation and maintenance of the New York state canal system, provided
that such designation shall have no force or effect after [March thir-
ty-first, nineteen hundred ninety-three] JANUARY FIRST, TWO THOUSAND
SEVENTEEN. Such canal system shall remain the property of the state and
under its management and control as exercised by and through the author-
ity, through the corporation which shall be deemed to be the state for
S. 6408--A 83 A. 9008--A
the purposes of such management and control of the canals but for no
other purposes.
2. The department of transportation AND THRUWAY AUTHORITY shall deliv-
er to the authority all books, policies, procedures, papers, plans,
maps, records, equipment and property of such department pertaining to
the functions transferred pursuant to this article.
3. All rules, regulations, acts, determinations, orders and decisions
of the commissioner of transportation [and of the], department of trans-
portation, OR THRUWAY AUTHORITY pertaining to the functions transferred
pursuant to this article in force at the time of such transfer shall
continue in force and effect as rules, regulations, acts, determi-
nations, orders and decisions of the authority and corporation until
duly modified or abrogated by such authority [and] OR corporation.
4. Any business or other matters undertaken or commenced by the
[commissioner of transportation or the department of transportation]
THRUWAY AUTHORITY, including executed contracts, permits and other
agreements, BUT EXCLUDING BONDS, NOTES OR OTHER EVIDENCES OF INDEBT-
EDNESS, pertaining to or connected with the [functions,] powers, [obli-
gations and] duties AND OBLIGATIONS transferred pursuant to this arti-
cle, and in effect on the effective date [hereof] OF THE TRANSFER OF
SUCH MATTERS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY PROVIDED FOR IN
THIS ARTICLE, shall, EXCEPT AS OTHERWISE AGREED BY THE AUTHORITY AND THE
THRUWAY AUTHORITY, be conducted and completed by the authority through
the corporation in the same manner and under the same terms and condi-
tions and with the same effect as if conducted and completed by the
[commissioner of transportation or the department of transportation]
THRUWAY AUTHORITY, PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL BE
DEEMED TO REQUIRE THE AUTHORITY TO TAKE ANY ACTION IN A MANNER THAT
WOULD IN ITS JUDGMENT BE INCONSISTENT WITH THE PROVISIONS OF ANY BOND OR
NOTE RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE AUTHORI-
TY'S BONDS, NOTES OR OTHER OBLIGATIONS.
5. No existing rights or remedies of the state, [including the]
authority, THRUWAY AUTHORITY, OR CANAL CORPORATION shall be lost,
impaired or affected by reason of this article.
S 18. Subdivision 6 of section 6 of the canal law, as added by chapter
766 of the laws of 1992, paragraph (b) as amended by chapter 335 of the
laws of 2001, is amended and a new subdivision 7 is added to read as
follows:
6. (a) No action or proceeding pending on the effective date of [this
article,] THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRU-
WAY AUTHORITY TO THE AUTHORITY brought by or against THE THRUWAY AUTHOR-
ITY, the commissioner of transportation [or], THE CORPORATION, the
department of transportation OR THE AUTHORITY shall be affected by this
article. Any liability arising out of any act or omission occurring
prior to the effective date of the transfer of THE powers [and], duties
[authorized herein] AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE
AUTHORITY, of the officers, employees or agents of THE THRUWAY AUTHORI-
TY, the department of transportation, or any other agency of the state,
other than the authority, in the performance of their obligations or
duties under the canal law, any other law of the state or any federal
law, or pursuant to a contract entered into prior to the effective date
of such transfer, shall remain a liability of THE THRUWAY AUTHORITY, the
department of transportation or such other agency of the state and not
of the authority.
(b) Notwithstanding any provision to the contrary contained in para-
graph (a) of this subdivision, the state shall indemnify and hold harm-
S. 6408--A 84 A. 9008--A
less the THRUWAY authority [and], THE corporation AND THE AUTHORITY for
any and all claims, damages, or liabilities, whether or not caused by
negligence, including civil and criminal fines, arising out of or relat-
ing to any generation, processing, handling, transportation, storage,
treatment, or disposal of solid or hazardous wastes in the canal system
by any person or entity other than the THRUWAY AUTHORITY OR THE authori-
ty occurring prior to [the effective date of the transfer of powers and
duties authorized herein] AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO.
Such indemnification shall extend to, without limitation, any releases
into land, water or air, including but not limited to releases as
defined under the federal comprehensive environmental response compen-
sation and liability act of nineteen hundred eighty, occurring or exist-
ing prior to [the effective date of this section] AUGUST THIRD, NINETEEN
HUNDRED NINETY-TWO; provided that the THRUWAY AUTHORITY, THE CORPORATION
AND THE authority shall cooperate in the investigation and remediation
of hazardous waste and other environmental problems.
(C) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, THE THRUWAY AUTHORITY SHALL INDEMNIFY AND
HOLD HARMLESS THE CORPORATION AND THE AUTHORITY FOR ANY AND ALL CLAIMS,
DAMAGES, OR LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE, INCLUDING
CIVIL AND CRIMINAL FINES, ARISING OUT OF OR RELATING TO ANY GENERATION,
PROCESSING, HANDLING, TRANSPORTATION, STORAGE, TREATMENT, OR DISPOSAL OF
SOLID OR HAZARDOUS WASTES IN THE CANAL SYSTEM BY ANY PERSON OR ENTITY
OTHER THAN THE AUTHORITY OCCURRING AFTER AUGUST THIRD, NINETEEN HUNDRED
NINETY-TWO AND NO LATER THAN THE EFFECTIVE DATE OF THE TRANSFER OF
POWERS, DUTIES AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHOR-
ITY. SUCH INDEMNIFICATION SHALL EXTEND TO, WITHOUT LIMITATION, ANY
RELEASES INTO LAND, WATER OR AIR, INCLUDING BUT NOT LIMITED TO RELEASES
AS DEFINED UNDER THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE
COMPENSATION AND LIABILITY ACT OF NINETEEN HUNDRED EIGHTY, OCCURRING OR
EXISTING PRIOR TO THE EFFECTIVE DATE OF THE TRANSFER OF POWERS, DUTIES
AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY; PROVIDED
THAT THE CORPORATION AND THE AUTHORITY SHALL COOPERATE IN THE INVESTI-
GATION AND REMEDIATION OF HAZARDOUS WASTE AND OTHER ENVIRONMENTAL PROB-
LEMS.
(D) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, THE THRUWAY AUTHORI-
TY SHALL RETAIN ALL LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE,
ARISING OUT OF ANY ACTS OR OMISSIONS OCCURRING ON OR AFTER AUGUST THIRD,
NINETEEN HUNDRED NINETY-TWO, IN CONNECTION WITH ITS POWERS, DUTIES AND
OBLIGATIONS WITH RESPECT TO THE CORPORATION. THE AUTHORITY AND THE STATE
SHALL NOT BE HELD LIABLE IN CONNECTION WITH ANY LIABILITIES ARISING OUT
OF SUCH ACTS OR OMISSIONS.
7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN CONNECTION
WITH THE TRANSFER OF JURISDICTION OF THE CORPORATION TO THE AUTHORITY
AND THE ASSUMPTION OF MANAGEMENT OF THE CORPORATION AS A SUBSIDIARY
CORPORATION OF THE AUTHORITY PURSUANT TO THE CHAPTER OF THE LAWS OF TWO
THOUSAND SIXTEEN WHICH ADDED THIS SUBDIVISION, THE THRUWAY AUTHORITY
SHALL HAVE THE POWER TO FULFILL ANY EXISTING AGREEMENTS OR OBLIGATIONS,
MAKE ANY AGREEMENTS, RECEIVE, RETAIN OR PAY ANY FUNDS, DEEMED NECESSARY
AND IN THE PUBLIC INTEREST TO EFFECTUATE THE PROVISIONS AND INTENT OF
THIS CHAPTER, INCLUDING BUT NOT LIMITED TO, THE ENTERING INTO ANY AGREE-
MENTS WITH THE CORPORATION, THE AUTHORITY AND ANY OTHER FEDERAL, STATE,
MUNICIPAL OR OTHER ENTITIES, AND TO RECEIVE FUNDS FROM THE FEDERAL EMER-
GENCY MANAGEMENT AGENCY OR THE STATE, TO FULFILL THE THRUWAY AUTHORITY'S
EXISTING FINANCIAL OR OTHER OBLIGATIONS ARISING FROM ITS JURISDICTION
OVER THE CANAL SYSTEM AND THE CORPORATION.
S. 6408--A 85 A. 9008--A
S 19. Subdivisions 2 and 5 of section 92-u of the state finance law,
subdivision 2 as added by chapter 766 of the laws of 1992, and subdivi-
sion 5 as amended by chapter 483 of the laws of 1996, are amended to
read as follows:
2. Such fund shall consist of all revenues received from the operation
of the New York state canal system as defined in section three hundred
fifty-one of the public authorities law and section two of the canal
law, including payments on leases for use of canal lands, terminals and
terminal lands, tolls received for lock and lift bridge passage,
payments for hydroelectric easements and sales, for purchase of other
abandoned canal lands, payments for any permits and leases for use of
the water and lands of the system and payments for use of dry docks and
other moneys made available to the fund from any other source other than
a grant, loan or other inter-corporate transfer of funds of the [New
York state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK,
and any income earned by, or incremental to, the fund due to investment
thereof, or any repayment of any moneys advanced by the fund.
5. Moneys of the fund, following appropriation by the legislature,
shall be available to the [New York state thruway authority] POWER
AUTHORITY OF THE STATE OF NEW YORK and shall be expended by such author-
ity or [subsidiary corporation thereof] THE CANAL CORPORATION only for
the maintenance, construction, reconstruction, development or promotion
of the canal system[; provided, however, that in the initial years,
expenditures of moneys of the fund for the development and/or promotion
of the canal system shall be accorded a priority by the authority or
subsidiary corporation thereof]. In addition, moneys of the fund may be
used for the purposes of interpretive signage and promotion for appro-
priate historically significant Erie canal lands and related sites.
Moneys shall be paid out of the fund by the state comptroller on certif-
icates issued by the director of the budget.
S 20. Notwithstanding any other provision of law, the power authority
of the state of New York ("power authority"), New York state thruway
authority and New York state canal corporation ("canal corporation"),
and any other state or municipal agency, department, office, board,
division, commission, public authority or public benefit corporation may
enter into such agreements and understandings relating to the transition
of the canal corporation to its status as a subsidiary of the power
authority and for the administration, maintenance and operation of the
canal corporation and the canal system as they may deem necessary or
desirable.
S 21. Section 1005 of the public authorities law is amended by adding
a new subdivision 25 to read as follows:
25. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO ACCEPT GIFTS,
GRANTS, LOANS, OR CONTRIBUTIONS OF FUNDS OR PROPERTY IN ANY FORM FROM
THE FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALLY THEREOF OR FROM
THE STATE OR ANY OTHER SOURCE (COLLECTIVELY, "RESOURCES"), AND ENTER
INTO CONTRACTS OR OTHER TRANSACTIONS REGARDING SUCH RESOURCES, AND TO
USE SUCH RESOURCES FOR ANY OF ITS CORPORATE PURPOSES.
S 22. The public authorities law is amended by adding a new section
1005-b to read as follows:
S 1005-B. NEW YORK STATE CANAL CORPORATION. 1. THE PUBLIC BENEFIT
CORPORATION KNOWN AS THE "NEW YORK STATE CANAL CORPORATION" (HEREINAFTER
REFERRED TO AS THE "CANAL CORPORATION") CREATED AS A SUBSIDIARY CORPO-
RATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER SEVEN
HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO IS HEREBY
CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE AUTHORITY
S. 6408--A 86 A. 9008--A
AND SHALL HAVE ONLY THE POWER TO OPERATE, MAINTAIN, CONSTRUCT, RECON-
STRUCT, IMPROVE, DEVELOP, FINANCE, AND PROMOTE ALL OF THE CANALS, CANAL
LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS
AND OTHER PROPERTY UNDER THE JURISDICTION OF THE CANAL CORPORATION
PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW (HEREINAFTER REFERRED TO AS
THE "CANAL SYSTEM"). REFERENCE IN ANY PROVISION OF LAW, GENERAL, SPECIAL
OR LOCAL, OR IN ANY RULE, REGULATION OR PUBLIC DOCUMENT TO THE CANAL
CORPORATION OR THE CANAL CORPORATION AS A SUBSIDIARY OF THE NEW YORK
STATE THRUWAY AUTHORITY SHALL BE DEEMED TO BE AND CONSTRUED AS A REFER-
ENCE TO THE CANAL CORPORATION CONTINUED BY THIS SECTION.
2. THE MANAGEMENT AND ADMINISTRATION OF THE CANAL CORPORATION SHALL BE
AN ADDITIONAL CORPORATE PURPOSE OF THE AUTHORITY. TO THE EXTENT THAT THE
TRUSTEES DEEM IT FEASIBLE AND ADVISABLE, THE AUTHORITY MAY TRANSFER TO
THE CANAL CORPORATION ANY MONEYS, REAL, PERSONAL, OR MIXED PROPERTY OR
ANY PERSONNEL IN ORDER TO CARRY OUT THE PURPOSES OF THIS SECTION,
PROVIDED THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO REQUIRE THE
AUTHORITY TO APPLY ANY MONEYS, REVENUES OR PROPERTY OR TO TAKE ANY
ACTION IN A MANNER THAT WOULD BE INCONSISTENT WITH THE PROVISIONS OF ANY
BOND OR NOTE RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE
AUTHORITY'S BONDS, NOTES OR OTHER OBLIGATIONS.
3. THE CANAL CORPORATION AND ANY OF ITS PROPERTY, FUNCTIONS, AND
ACTIVITIES SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS
AND OTHER EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY,
FUNCTIONS, AND ACTIVITIES. THE CANAL CORPORATION SHALL BE SUBJECT TO THE
RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. THE
CANAL CORPORATION MAY DELEGATE TO ONE OR MORE OF ITS MEMBERS, OR ITS
OFFICERS, AGENTS AND EMPLOYEES, SUCH DUTIES AND POWERS AS IT MAY DEEM
PROPER.
4. EXCLUSIVE JURISDICTION IS CONFERRED UPON THE COURT OF CLAIMS TO
HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE CANAL CORPO-
RATION (A) FOR ITS TORTIOUS ACTS AND THOSE OF ITS AGENTS, AND (B) FOR
BREACH OF A CONTRACT, RELATING TO CONSTRUCTION, RECONSTRUCTION, IMPROVE-
MENT, MAINTENANCE OR OPERATION, IN THE SAME MANNER AND TO THE EXTENT
PROVIDED BY AND SUBJECT TO THE PROVISIONS OF THE COURT OF CLAIMS ACT
WITH RESPECT TO CLAIMS AGAINST THE STATE, AND TO MAKE AWARDS AND RENDER
JUDGMENTS THEREFOR. ALL AWARDS AND JUDGMENTS ARISING FROM SUCH CLAIMS
SHALL BE PAID OUT OF MONEYS OF THE CANAL CORPORATION.
5. THE MEMBERS OF THE CANAL CORPORATION SHALL BE THE SAME PERSONS
HOLDING THE OFFICES OF TRUSTEES OF THE AUTHORITY.
6. NO OFFICER OR MEMBER OF THE CANAL CORPORATION SHALL RECEIVE ANY
ADDITIONAL COMPENSATION, EITHER DIRECT OR INDIRECT, OTHER THAN
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM-
ANCE OF HIS OR HER DUTIES, BY REASON OF HIS OR HER SERVING AS A MEMBER,
DIRECTOR, OR TRUSTEE OF THE CANAL CORPORATION.
7. THE EMPLOYEES OF THE CANAL CORPORATION SHALL NOT BE DEEMED TO BE
EMPLOYEES OF THE AUTHORITY BY REASON OF THEIR EMPLOYMENT BY THE CANAL
CORPORATION. ALL OFFICERS AND EMPLOYEES OF THE CANAL CORPORATION SHALL
BE SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW WHICH SHALL APPLY
TO THE CANAL CORPORATION AS A MUNICIPAL CORPORATION OTHER THAN A CITY.
THE CANAL CORPORATION SHALL PARTICIPATE IN THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM. NOTHING CONTAINED IN A CHAPTER OF THE LAWS
OF TWO THOUSAND SIXTEEN THAT ADDED THIS SECTION SHALL BE CONSTRUED TO
AFFECT THE RIGHTS OF THE CANAL CORPORATION OR ANY OF ITS EMPLOYEES UNDER
ANY COLLECTIVE BARGAINING AGREEMENT IN EFFECT AS OF THE EFFECTIVE DATE
OF TRANSFER OF THE CANAL CORPORATION FROM THE THRUWAY AUTHORITY TO THE
AUTHORITY.
S. 6408--A 87 A. 9008--A
8. THE FISCAL YEAR OF THE CANAL CORPORATION SHALL BE THE SAME AS THE
FISCAL YEAR FOR THE AUTHORITY.
9. THE CANAL CORPORATION SHALL HAVE THE POWER TO:
(A) OPERATE, MAINTAIN, CONSTRUCT, RECONSTRUCT, IMPROVE, DEVELOP,
FINANCE, AND PROMOTE THE CANAL SYSTEM;
(B) SUE AND BE SUED;
(C) HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
(D) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
MENT AND MAKE RULES AND REGULATIONS GOVERNING THE USE OF ITS PROPERTY
AND FACILITIES;
(E) APPOINT OFFICERS AND EMPLOYEES AND FIX THEIR COMPENSATION;
(F) MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR
CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS CHAP-
TER;
(G) ACQUIRE, HOLD, AND DISPOSE OF REAL OR PERSONAL PROPERTY FOR ITS
CORPORATE PURPOSES;
(H) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR
RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
(I) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV-
ITIES, PROPERTIES, AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR-
ERS AS IT DEEMS DESIRABLE;
(J) INVEST ANY FUNDS OF THE CANAL CORPORATION, OR ANY OTHER MONIES
UNDER ITS CUSTODY AND CONTROL NOT REQUIRED FOR IMMEDIATE USE OR
DISBURSEMENT, AT THE DISCRETION OF THE CANAL CORPORATION, IN OBLIGATIONS
OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCI-
PAL AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE OR THE UNITED
STATES GOVERNMENT, OR IN ANY OTHER OBLIGATIONS IN WHICH THE COMPTROLLER
OF THE STATE IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A
OF THE STATE FINANCE LAW;
(K) EXERCISE THOSE POWERS AND DUTIES OF THE AUTHORITY DELEGATED TO IT
BY THE AUTHORITY;
(L) PREPARE AND SUBMIT A CAPITAL PROGRAM PLAN PURSUANT TO SECTION TEN
OF THE CANAL LAW;
(M) APPROVE AND IMPLEMENT THE NEW YORK STATE CANAL RECREATIONWAY PLAN
SUBMITTED PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT-C OF THE CANAL
LAW. THE CANAL CORPORATION'S REVIEW AND APPROVAL OF THE CANAL RECREA-
TIONWAY PLAN SHALL BE BASED UPON ITS CONSIDERATION OF A GENERIC ENVIRON-
MENTAL IMPACT STATEMENT PREPARED BY THE CANAL CORPORATION IN ACCORDANCE
WITH ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND THE REGU-
LATIONS THEREUNDER. PRIOR TO THE IMPLEMENTATION OF ANY SUBSTANTIAL
IMPROVEMENT BY THE CANAL CORPORATION ON CANAL LANDS, CANAL TERMINALS, OR
CANAL TERMINAL LANDS, OR THE LEASE OF CANAL LANDS, CANAL TERMINALS, OR
CANAL TERMINAL LANDS FOR SUBSTANTIAL COMMERCIAL IMPROVEMENT, THE CANAL
CORPORATION, IN ADDITION TO ANY REVIEW TAKEN PURSUANT TO SECTION 14.09
OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, SHALL CONDUCT A
RECONNAISSANCE LEVEL SURVEY WITHIN THREE THOUSAND FEET OF SUCH LANDS TO
BE IMPROVED OF THE TYPE, LOCATION, AND SIGNIFICANCE OF HISTORIC BUILD-
INGS, SITES, AND DISTRICTS LISTED ON, OR WHICH MAY BE ELIGIBLE, FOR THE
STATE OR NATIONAL REGISTERS OF HISTORIC PLACES. THE FINDINGS OF SUCH
SURVEY SHALL BE USED TO IDENTIFY SIGNIFICANT HISTORICAL RESOURCES AND TO
DETERMINE WHETHER THE PROPOSED IMPROVEMENTS ARE COMPATIBLE WITH SUCH
HISTORIC BUILDINGS, SITES, AND DISTRICTS;
(N) ENTER ON ANY LANDS, WATERS, OR PREMISES FOR THE PURPOSE OF MAKING
BORINGS, SOUNDINGS, AND SURVEYS;
(O) ACCEPT ANY GIFTS OR ANY GRANT OF FUNDS OR PROPERTY FROM THE FEDER-
AL GOVERNMENT OR FROM THE STATE OR ANY OTHER FEDERAL OR STATE PUBLIC
S. 6408--A 88 A. 9008--A
BODY OR POLITICAL SUBDIVISION OR ANY OTHER PERSON AND TO COMPLY WITH THE
TERMS AND CONDITIONS THEREOF; AND
(P) WAIVE ANY FEE FOR A WORK PERMIT WHICH IT HAS THE POWER TO ISSUE IF
IN ITS DISCRETION THE PROJECT WHICH IS SUBJECT TO A WORK PERMIT WOULD
ADD VALUE TO CANAL LANDS WITHOUT ANY COST TO THE CANAL CORPORATION, THE
AUTHORITY, OR THE STATE.
10. (A) THE CANAL CORPORATION SHALL REVIEW THE BUDGET REQUEST SUBMIT-
TED BY THE CANAL RECREATIONWAY COMMISSION PURSUANT TO SECTION ONE
HUNDRED THIRTY-EIGHT-B OF THE CANAL LAW.
(B) THE CANAL CORPORATION, ON OR BEFORE THE FIFTEENTH DAY OF SEPTEMBER
OF EACH YEAR, SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET A REQUEST FOR
THE EXPENDITURE OF FUNDS AVAILABLE FROM THE NEW YORK STATE CANAL SYSTEM
DEVELOPMENT FUND PURSUANT TO SECTION NINETY-TWO-U OF THE STATE FINANCE
LAW OR AVAILABLE FROM ANY OTHER NON-FEDERAL SOURCES APPROPRIATED FROM
THE STATE TREASURY.
(C) IN THE EVENT THAT THE REQUEST SUBMITTED BY THE CANAL CORPORATION
TO THE DIRECTOR OF THE BUDGET DIFFERS FROM THE REQUEST SUBMITTED BY THE
COMMISSION TO THE CANAL CORPORATION, THEN THE REQUEST SUBMITTED BY THE
CANAL CORPORATION TO THE DIRECTOR OF THE BUDGET SHALL SPECIFY THE
DIFFERENCES AND SHALL SET FORTH THE REASONS FOR SUCH DIFFERENCES.
11. THE CANAL CORPORATION SHALL NOT HAVE THE POWER TO ISSUE BONDS,
NOTES, OR OTHER EVIDENCES OF INDEBTEDNESS; PROVIDED THAT NOTWITHSTANDING
THE FOREGOING, THE CANAL CORPORATION MAY AGREE TO REPAY AMOUNTS ADVANCED
TO THE CANAL CORPORATION BY THE AUTHORITY AND TO EVIDENCE SUCH AGREEMENT
BY DELIVERY OF A PROMISSORY NOTE OR NOTES TO THE AUTHORITY.
12. THE CANAL CORPORATION MAY DO ANY AND ALL THINGS NECESSARY OR
CONVENIENT TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY
THIS SECTION.
13. THE AUTHORITY AND ALL OTHER STATE OFFICERS, DEPARTMENTS, BOARDS,
DIVISIONS, COMMISSIONS, PUBLIC AUTHORITIES, AND PUBLIC BENEFIT CORPO-
RATIONS MAY RENDER SUCH SERVICES TO THE CANAL CORPORATION WITHIN THEIR
RESPECTIVE FUNCTIONS AS MAY BE REQUESTED BY THE CANAL CORPORATION.
14. WHENEVER ANY STATE POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS-
SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION, OR PERSON IS AUTHOR-
IZED AND EMPOWERED FOR ANY OF THE PURPOSES OF THIS TITLE TO COOPERATE
AND ENTER INTO AGREEMENTS WITH THE AUTHORITY, SUCH STATE POLITICAL
SUBDIVISION, MUNICIPALITY, COMMISSION, AGENCY, OFFICER, DEPARTMENT,
BOARD, DIVISION, OR PERSON SHALL HAVE THE SAME AUTHORIZATION AND POWER
FOR ANY SUCH PURPOSES TO COOPERATE AND ENTER INTO AGREEMENTS WITH THE
CANAL CORPORATION.
S 23. The public authorities law is amended by adding a new section
1005-c to read as follows:
S 1005-C. ADDITIONAL POWERS OF THE AUTHORITY TO FINANCE CERTAIN
PROJECTS IN CONNECTION WITH THE NEW YORK STATE CANAL SYSTEM. 1. (A) THE
AUTHORITY IS HEREBY AUTHORIZED, AS AN ADDITIONAL CORPORATE PURPOSE THER-
EOF, TO ISSUE ITS BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS IN
CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE FOR
PURPOSES OF FINANCING THE CONSTRUCTION, RECONSTRUCTION, DEVELOPMENT AND
IMPROVEMENT OF THE NEW YORK STATE CANAL SYSTEM.
(B) THE AUTHORITY SHALL ISSUE ANY SUCH BONDS, NOTES, OR EVIDENCES OF
INDEBTEDNESS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION ON A BASIS
SUBORDINATE IN LIEN AND PRIORITY OF PAYMENT TO THE AUTHORITY'S SENIOR
LIEN INDEBTEDNESS AS THE AUTHORITY SHALL PROVIDE BY RESOLUTION.
2. ALL OF THE PROVISIONS OF THIS TITLE RELATING TO BONDS, NOTES AND
OTHER EVIDENCE OF INDEBTEDNESS, WHICH ARE NOT INCONSISTENT WITH THIS
SECTION, SHALL APPLY TO OBLIGATIONS AUTHORIZED BY THIS SECTION, INCLUD-
S. 6408--A 89 A. 9008--A
ING BUT NOT LIMITED TO THE POWER TO ISSUE RENEWAL NOTES OR REFUNDING
BONDS THEREOF.
3. SUBJECT TO AGREEMENTS WITH NOTEHOLDERS OR BONDHOLDERS, THE AUTHORI-
TY SHALL HAVE THE AUTHORITY TO FIX AND COLLECT SUCH FEES, RENTALS AND
CHARGES FOR THE USE OF THE CANAL SYSTEM OR ANY PART THEREOF NECESSARY OR
CONVENIENT, WITH AN ADEQUATE MARGIN OF SAFETY, TO PRODUCE SUFFICIENT
REVENUE TO MEET THE EXPENSE OF MAINTENANCE AND OPERATION AND TO FULFILL
THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS OF ITS NOTES OR BONDS,
AND TO ESTABLISH THE RIGHTS AND PRIVILEGES GRANTED UPON PAYMENT THEREOF;
PROVIDED, HOWEVER, THAT TOLLS MAY ONLY BE IMPOSED FOR THE PASSAGE
THROUGH LOCKS AND LIFT BRIDGES BY VESSELS WHICH ARE PROPELLED IN WHOLE
OR IN PART BY MECHANICAL POWER.
S 24. Paragraph (i) of subdivision 1 of section 19 of the public offi-
cers law, as added by chapter 115 of the laws of 2000, is REPEALED and a
new paragraph (j) is added to read as follows:
(J) FOR PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE
DIRECTORS, OFFICERS AND EMPLOYEES OF THE THRUWAY AUTHORITY, AND THE
DIRECTORS, OFFICERS AND EMPLOYEES OF THE CANAL CORPORATION. IN THOSE
CASES WHERE THE DEFINITION OF THE TERM "EMPLOYEE" PROVIDED IN THIS PARA-
GRAPH IS APPLICABLE, THE TERM "STATE", AS UTILIZED IN SUBDIVISIONS TWO,
THREE, AND FOUR OF THIS SECTION, SHALL MEAN THE THRUWAY AUTHORITY WHEN
THE EMPLOYEE IS A DIRECTOR, OFFICER, OR EMPLOYEE OF THE THRUWAY AUTHORI-
TY, OR THE CANAL CORPORATION, WHEN THE EMPLOYEE IS A DIRECTOR, OFFICER,
OR EMPLOYEE OF THE CANAL CORPORATION.
S 25. Subdivisions 9 and 10 of section 481 of the transportation law,
as added by section 1 of part A of chapter 60 of the laws of 2005, are
amended to read as follows:
9. "Canal corporation" shall mean the New York state canal corporation
created [pursuant to section three hundred eighty-two] AS A SUBSIDIARY
CORPORATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER
SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND
CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER
AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SUBDIVISION ONE OF
SECTION ONE THOUSAND FIVE-B of the public authorities law.
10. "Canal system" shall mean the "New York state canal system"[, as
such term is defined by subdivision ten of section three hundred fifty-
one of the public authorities law] SHALL MEAN ALL OF THE CANALS, CANAL
LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS
AND OTHER PROPERTY UNDER THE JURISDICTION OF THE CANAL CORPORATION OF
THE STATE OF NEW YORK PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW.
S 26. Section 33.01 of the parks, recreation and historic preservation
law, as amended by chapter 317 of the laws of 2009, is amended to read
as follows:
S 33.01 New York state heritage areas advisory council. There shall
continue to be in the office a New York state heritage areas advisory
council which shall consist of twenty-six members or their designated
representatives. The commissioner shall be a member of the advisory
council. In addition, the advisory council shall consist of the follow-
ing twenty-five other members: the commissioner of economic development,
to advise and assist regarding related tourism and economic revitaliza-
tion; the commissioner of education, to advise and assist regarding the
interpretive and educational aspects of the programs; the secretary of
state, to advise and assist regarding matters of community development
and state planning and to advise on the identification and preservation
of rural resources; the commissioner of transportation, to advise and
assist regarding matters of transportation to and within heritage areas;
S. 6408--A 90 A. 9008--A
the president of the New York state urban development corporation, to
advise and assist regarding matters of economic development; the commis-
sioner of environmental conservation, to advise and assist regarding
matters of conservation and use of natural resources; the chairman of
the state board for historic preservation, to advise and assist in
matters regarding historic preservation; the commissioner of housing and
community renewal to advise and assist regarding neighborhood and commu-
nity development and preservation programs; the [chairman of the New
York state thruway authority] PRESIDENT AND CHIEF EXECUTIVE OFFICER OF
THE POWER AUTHORITY OF THE STATE OF NEW YORK regarding the operation of
the New York state canal system; the commissioner of agriculture and
markets regarding agriculture in heritage areas; a representative of the
State Heritage Area Association; the director or chief executive officer
of the Hudson River National Heritage Area, the Erie Canalway National
Heritage Corridor, the Champlain Valley National Heritage Partnership
and the Niagara Falls National Heritage Area; and ten members to be
appointed by the governor, three of such members shall be municipal
officers, elected officials or representatives of local government
interest and seven of such members shall be, by professional training or
experience or attainment, qualified to analyze or interpret matters
relevant to the establishment and maintenance of state designated herit-
age areas including urban cultural parks and heritage corridors, one of
whom shall be the director of a heritage area. Of these last seven, two
are to be appointed from names recommended by the majority leader of the
senate, two are to be appointed from names recommended by the speaker of
the assembly, one is to be appointed from names recommended by the
minority leader of the senate and one is to be appointed from names
recommended by the minority leader of the assembly. The governor may
designate such ex-officio members who shall be from the executive
department, state agencies or public corporations as he or she deems
appropriate; provided that such ex-officio members shall not vote on
matters before the advisory council. For the ten members appointed by
the governor, each shall hold office for a term of five years and until
his or her successor shall have been appointed or until he or she shall
resign. The members of the advisory council shall elect a chair from
amongst its members for a term of three years. Eleven members of the
advisory council shall constitute a quorum for the transaction of any
business at both regular and special meetings. Any ex-officio member may
delegate all his or her duties of membership, including voting rights,
to an officer or employee of such member's organization. No member shall
receive any compensation.
S 27. Paragraph (h-1) of subdivision 2 of section 35.07 of the parks,
recreation and historic preservation law, as amended by chapter 666 of
the laws of 1994, is amended to read as follows:
(h-1) [Chairman of the New York state thruway authority] PRESIDENT AND
CHIEF EXECUTIVE OFFICER OF THE POWER AUTHORITY OF THE STATE OF NEW YORK
regarding [its] operation of the New York state canal system;
S 28. Notwithstanding any other provision of law, the power authority
of the state of New York (power authority) and the New York state thru-
way authority (thruway authority) are hereby authorized to enter into an
agreement, effective April 1, 2016, whereby the power authority shall
reimburse the thruway authority, monthly, for any and all operating and
capital costs, expended by the thruway authority for the operation and
maintenance of the New York state canal system (canal system), and the
operation of the New York state canal corporation (canal corporation),
for the period of April 1, 2016 through January 1, 2017. The thruway
S. 6408--A 91 A. 9008--A
authority shall provide the power authority with a monthly report of all
expenditures related to the canal corporation and the canal system, and
provide access to all necessary financial records to carry out the
intent of this section.
S 29. This act, being necessary for the welfare of the state and its
inhabitants, shall be liberally construed to effect the purposes there-
of.
S 30. This act shall take effect on January 1, 2017; provided, howev-
er, that sections five and twenty-eight of this act shall take effect
immediately.
PART R
Section 1. Short title. This act shall be known and may be cited as
the "private activity bond allocation act of 2016".
S 2. Legislative findings and declaration. The legislature hereby
finds and declares that the federal tax reform act of 1986 established a
statewide bond volume ceiling on the issuance of certain tax exempt
private activity bonds and notes and, under certain circumstances,
governmental use bonds and notes issued by the state and its public
authorities, local governments, agencies which issue on behalf of local
governments, and certain other issuers. The federal tax reform act
establishes a formula for the allocation of the bond volume ceiling
which was subject to temporary modification by gubernatorial executive
order until December 31, 1987. That act also permits state legislatures
to establish, by statute, an alternative formula for allocating the
volume ceiling. Bonds and notes subject to the volume ceiling require
an allocation from the state's annual volume ceiling in order to qualify
for federal tax exemption.
It is hereby declared to be the policy of the state to maximize the
public benefit through the issuance of private activity bonds for the
purposes of, among other things, allocating a fair share of the bond
volume ceiling upon initial allocation and from a bond reserve to local
agencies and for needs identified by local governments; providing hous-
ing and promoting economic development; job creation; an economical
energy supply; and resource recovery and to provide for an orderly and
efficient volume ceiling allocation process for state and local agencies
by establishing an alternative formula for making such allocations.
S 3. Definitions. As used in this act, unless the context requires
otherwise:
1. "Bonds" means bonds, notes or other obligations.
2. "Carryforward" means an amount of unused private activity bond
ceiling available to an issuer pursuant to an election filed with the
internal revenue service pursuant to section 146(f) of the code.
3. "Code" means the internal revenue code of 1986, as amended.
4. "Commissioner" means the commissioner of the New York state depart-
ment of economic development.
5. "Covered bonds" means those tax exempt private activity bonds and
that portion of the non-qualified amount of an issue of governmental use
bonds for which an allocation of the statewide ceiling is required for
the interest earned by holders of such bonds to be excluded from the
gross income of such holders for federal income tax purposes under the
code.
6. "Director" means the director of the New York state division of the
budget.
7. "Issuer" means a local agency, state agency or other issuer.
S. 6408--A 92 A. 9008--A
8. "Local agency" means an industrial development agency established
or operating pursuant to article 18-A of the general municipal law, the
Troy industrial development authority and the Auburn industrial develop-
ment authority.
9. "Other issuer" means any agency, political subdivision or other
entity, other than a local agency or state agency, that is authorized to
issue covered bonds.
10. "Qualified small issue bonds" means qualified small issue bonds,
as defined in section 144(a) of the code.
11. "State agency" means the state of New York, the New York state
energy research and development authority, the New York job development
authority, the New York state environmental facilities corporation, the
New York state urban development corporation and its subsidiaries, the
Battery Park city authority, the port authority of New York and New
Jersey, the power authority of the state of New York, the dormitory
authority of the state of New York, the New York state housing finance
agency, the state of New York mortgage agency, and any other public
benefit corporation or public authority designated by the governor for
the purposes of this act.
12. "Statewide ceiling" means for any calendar year the highest state
ceiling (as such term is used in section 146 of the code) applicable to
New York state.
13. "Future allocations" means allocations of statewide ceiling for up
to two future years.
14. "Multi-year housing development project" means a project (a) which
qualifies for covered bonds;
(b) which is to be constructed over two or more years; and
(c) in which at least twenty percent of the dwelling units will be
occupied by persons and families of low income.
S 4. Local agency set-aside. (a) A set-aside of statewide ceiling for
local agencies for any calendar year shall be an amount which bears the
same ratio to one-third of the statewide ceiling as the population of
the jurisdiction of such local agency bears to the population of the
entire state. The commissioner shall administer allocations of such
set-aside to local agencies.
(b) Any financings or bond issuances that utilize the local agency
set-aside authorized by this section and executed by entities or succes-
sor entities defined by subdivisions 8 and 9 of section 3 of this act,
including entities established pursuant to article 18-A of the general
municipal law, and corporations established pursuant to section 1411 of
the not-for-profit corporation law and article 12 of the private housing
finance law, shall be subject to the provisions of article 1-A of the
public authorities law.
S 5. State agency set-aside. A set-aside of statewide ceiling for all
state agencies for any calendar year shall be one-third of the statewide
ceiling. The director shall administer allocations of such set-aside to
state agencies and may grant an allocation to any state agency upon
receipt of an application in such form as the director shall require.
S 6. Statewide bond reserve. One-third of the statewide ceiling is
hereby set aside as a statewide bond reserve to be administered by the
director. 1. Allocation of the statewide bond reserve among state agen-
cies, local agencies and other issuers. The director shall transfer a
portion of the statewide bond reserve to the commissioner for allocation
to and use by local agencies and other issuers in accordance with the
terms of this section. The remainder of the statewide bond reserve may
S. 6408--A 93 A. 9008--A
be allocated by the director to state agencies in accordance with the
terms of this section.
2. Allocation of statewide bond reserve to local agencies or other
issuers. (a) Local agencies or other issuers may at any time apply to
the commissioner for an allocation from the statewide bond reserve. Such
application shall demonstrate:
(i) that the requested allocation is required under the code for the
interest earned on the bonds to be excluded from the gross income of
bondholders for federal income tax purposes;
(ii) that the local agency's remaining unused allocation provided
pursuant to section four of this act, and other issuer's remaining
unused allocation, or any available carryforward will be insufficient
for the specific project or projects for which the reserve allocation is
requested; and
(iii) that, except for those allocations made pursuant to section
twelve of this act to enable carryforward elections, the requested allo-
cation is reasonably expected to be used during the calendar year, and
the requested future allocation is reasonably expected to be used in the
calendar year to which the future allocation relates.
(b) In reviewing and approving or disapproving applications, the
commissioner shall exercise discretion to ensure an equitable distrib-
ution of allocations from the statewide bond reserve to local agencies
and other issuers. Prior to making a determination on such applications,
the commissioner shall notify and seek the recommendation of the presi-
dent and chief executive officer of the New York state housing finance
agency in the case of an application related to the issuance of multi-
family housing or mortgage revenue bonds, and in the case of other
requests, such state officers, departments, divisions and agencies as
the commissioner deems appropriate.
(c) Applications for allocations shall be made in such form and
contain such information and reports as the commissioner shall require.
3. Allocation of statewide bond reserve to state agencies. The direc-
tor may make an allocation from the statewide bond reserve to any state
agency. Before making any allocation of statewide bond reserve to state
agencies the director shall be satisfied: (a) that the allocation is
required under the code for the interest earned on the bonds to be
excluded from the gross income of bondholders for federal income tax
purposes;
(b) that the state agency's remaining unused allocation provided
pursuant to section five of this act or any available carryforward will
be insufficient to accommodate the specific bond issue or issues for
which the reserve allocation is requested; and
(c) that, except for those allocations made pursuant to section twelve
of this act to enable carryforward elections, the requested allocation
is reasonably expected to be used during the calendar year, and the
requested future allocation is reasonably expected to be used in the
calendar year to which the future allocation relates.
S 7. Access to employment opportunities. 1. All issuers shall require
that any new employment opportunities created in connection with the
industrial or manufacturing projects financed through the issuance of
qualified small issue bonds shall be listed with the New York state
department of labor and with the one-stop career center established
pursuant to the federal workforce investment act (Pub. L. No. 105-220)
serving the locality in which the employment opportunities are being
created. Such listing shall be in a manner and form prescribed by the
commissioner. All issuers shall further require that for any new employ-
S. 6408--A 94 A. 9008--A
ment opportunities created in connection with an industrial or manufac-
turing project financed through the issuance of qualified small issue
bonds by such issuer, industrial or manufacturing firms shall first
consider persons eligible to participate in workforce investment act
(Pub. L. No. 105-220) programs who shall be referred to the industrial
or manufacturing firm by one-stop centers in local workforce investment
areas or by the department of labor. Issuers of qualified small issue
bonds are required to monitor compliance with the provisions of this
section as prescribed by the commissioner.
2. Nothing in this section shall be construed to require users of
qualified small issue bonds to violate any existing collective bargain-
ing agreement with respect to the hiring of new employees. Failure on
the part of any user of qualified small issue bonds to comply with the
requirements of this section shall not affect the allocation of bonding
authority to the issuer of the bonds or the validity or tax exempt
status of such bonds.
S 8. Overlapping jurisdictions. In a geographic area represented by a
county local agency and one or more sub-county local agencies, the allo-
cation granted by section four of this act with respect to such area of
overlapping jurisdiction shall be apportioned one-half to the county
local agency and one-half to the sub-county local agency or agencies.
Where there is a local agency for the benefit of a village within the
geographic area of a town for the benefit of which there is a local
agency, the allocation of the village local agency shall be based on the
population of the geographic area of the village, and the allocation of
the town local agency shall be based upon the population of the
geographic area of the town outside of the village. Notwithstanding the
foregoing, a local agency may surrender all or part of its allocation
for such calendar year to another local agency with an overlapping
jurisdiction. Such surrender shall be made at such time and in such
manner as the commissioner shall prescribe.
S 9. Ineligible local agencies. To the extent that any allocation of
the local agency set-aside would be made by this act to a local agency
which is ineligible to receive such allocation under the code or under
regulations interpreting the state volume ceiling provisions of the
code, such allocation shall instead be made to the political subdivision
for whose benefit that local agency was created.
S 10. Municipal reallocation. The chief executive officer of any poli-
tical subdivision or, if such political subdivision has no chief execu-
tive officer, the governing board of the political subdivision for the
benefit of which a local agency has been established, may withdraw all
or any portion of the allocation granted by section four of this act to
such local agency. The political subdivision may then reallocate all or
any portion of such allocation, as well as all or any portion of the
allocation received pursuant to section nine of this act, to itself or
any other issuer established for the benefit of that political subdivi-
sion or may assign all or any portion of the allocation received pursu-
ant to section nine of this act to the local agency created for its
benefit. The chief executive officer or governing board of the political
subdivision, as the case may be, shall notify, and receive prior
approval from the commissioner before any such reallocation.
S 11. Future allocations for multi-year housing development projects.
1. In addition to other powers granted under this act, the commissioner
is authorized to make the following future allocations of statewide
ceiling for any multi-year housing development project for which the
commissioner also makes an allocation of statewide ceiling for the
S. 6408--A 95 A. 9008--A
current year under this act: (a) to local agencies from the local agen-
cy set-aside (but only with the approval of the chief executive officer
of the political subdivision to which the local agency set-aside relates
or the governing body of a political subdivision having no chief execu-
tive officer) and
(b) to other issuers from that portion, if any, of the statewide bond
reserve transferred to the commissioner by the director. Any future
allocation made by the commissioner shall constitute an allocation of
statewide ceiling for the future year specified by the commissioner and
shall be deemed to have been made on the first day of the future year so
specified.
2. In addition to other powers granted under this act, the director is
authorized to make future allocations of statewide ceiling from the
state agency set-aside or from the statewide bond reserve to state agen-
cies for any multi-year housing development project for which the direc-
tor also makes an allocation of statewide ceiling from the current year
under this act, and is authorized to make transfers of the statewide
bond reserve to the commissioner for future allocations to other issuers
for multi-year housing development projects for which the commissioner
has made an allocation of statewide ceiling for the current year. Any
such future allocation or transfer of the statewide bond reserve for
future allocation made by the director shall constitute an allocation of
statewide ceiling or transfer of the statewide bond reserve for the
future years specified by the director and shall be deemed to have been
made on the first day of the future year so specified.
3. (a) If an allocation made with respect to a multi-year housing
development project is not used by October fifteenth of the year to
which the allocation relates, the allocation with respect to the then
current year shall be subject to recapture in accordance with the
provisions of section twelve of this act, and in the event of such a
recapture, unless a carryforward election by another issuer shall have
been approved by the commissioner or a carryforward election by a state
agency shall have been approved by the director, all future allocations
made with respect to such project pursuant to subdivision one or two of
this section shall be canceled.
(b) The commissioner and the director shall have the authority to make
future allocations from recaptured current year allocations and canceled
future allocations to multi-year housing development projects in a
manner consistent with the provisions of this act.
(c) The commissioner and the director shall establish procedures
consistent with the provisions of this act relating to carryforward of
future allocations.
4. The aggregate future allocations from either of the two succeeding
years shall not exceed six hundred fifty million dollars for each such
year.
S 12. Year end allocation recapture. On or before October first of
each year, each state agency shall report to the director and each local
agency and each other issuer shall report to the commissioner the amount
of bonds subject to allocation under this act that will be issued prior
to the end of the then current calendar year, and the amount of the
issuer's then total allocation that will remain unused. As of October
fifteenth of each year, the unused portion of each local agency's and
other issuer's then total allocation as reported and the unallocated
portion of the set-aside for state agencies shall be recaptured and
added to the statewide bond reserve and shall no longer be available to
covered bond issuers except as otherwise provided herein. From October
S. 6408--A 96 A. 9008--A
fifteenth through the end of the year, each local agency or other issuer
having an allocation shall immediately report to the commissioner and
each state agency having an allocation shall immediately report to the
director any changes to the status of its allocation or the status of
projects for which allocations have been made which should affect the
timing or likelihood of the issuance of covered bonds therefor. If the
commissioner determines that a local agency or other issuer has overes-
timated the amount of covered bonds subject to allocation that will be
issued prior to the end of the calendar year, the commissioner may
recapture the amount of the allocation to such local agency or other
issuer represented by such overestimation by notice to the local agency
or other issuer, and add such allocation to the statewide bond reserve.
The director may likewise make such determination and recapture with
respect to state agency allocations.
S 13. Allocation carryforward. 1. No local agency or other issuer
shall make a carryforward election utilizing any unused allocation
(pursuant to section 146(f) of the code) without the prior approval of
the commissioner. Likewise no state agency shall make or file such an
election, or elect to issue or carryforward mortgage credit certif-
icates, without the prior approval of the director.
2. On or before November fifteenth of each year, each state agency
seeking unused statewide ceiling for use in future years shall make a
request for an allocation for a carryforward to the director, whose
approval shall be required before a carryforward election is filed by or
on behalf of any state agency. A later request may also be considered by
the director, who may file a carryforward election for any state agency
with the consent of such agency.
3. On or before November fifteenth of each year, each local agency or
other issuer seeking unused statewide ceiling for use in future years
shall make a request for an allocation for a carryforward to the commis-
sioner, whose approval shall be required before a carryforward election
is filed by or on behalf of any local or other agency. A later request
may also be considered by the commissioner.
S 14. New York state bond allocation policy advisory panel. 1. There
is hereby created a policy advisory panel and process to provide policy
advice regarding the priorities for distribution of the statewide ceil-
ing.
2. The panel shall consist of five members, one designee being
appointed by each of the following: the governor, the temporary presi-
dent of the senate, the speaker of the assembly, the minority leader of
the senate and the minority leader of the assembly. The designee of the
governor shall chair the panel. The panel shall monitor the allocation
process through the year, and in that regard, the division of the budget
and the department of economic development shall assist and cooperate
with the panel as provided in this section. The advisory process shall
operate through the issuance of advisory opinions by members of the
panel as provided in subdivisions six and seven of this section. A meet-
ing may be held at the call of the chair with the unanimous consent of
the members.
3. (a) Upon receipt of a request for allocation or a request for
approval of a carryforward election from the statewide reserve from a
local agency or other issuer, the commissioner shall, within five work-
ing days, notify the panel of such request and provide the panel with
copies of all application materials submitted by the applicant.
(b) Upon receipt of a request for allocation or a request for approval
of carryforward election from the statewide reserve from a state agency,
S. 6408--A 97 A. 9008--A
the director shall, within five working days, notify the panel of such
request and provide the panel with copies of all application materials
submitted by the applicant.
4. (a) Following receipt of a request for allocation from a local
agency or other issuer, the commissioner shall notify the panel of a
decision to approve or exclude from further consideration such request,
and the commissioner shall state the reasons. Such notification shall be
made with or after the transmittal of the information specified in
subdivision three of this section and at least five working days before
formal notification is made to the applicant.
(b) Following receipt of a request for allocation from a state agency,
the director shall notify the panel of a decision to approve or exclude
from further consideration such request, and shall state the reasons.
Such notification shall be made with or after the transmission of the
information specified in subdivision three of this section and at least
five working days before formal notification is made to the state agen-
cy.
5. The requirements of subdivisions three and four of this section
shall not apply to adjustments to allocations due to bond sizing chang-
es.
6. In the event that any decision to approve or to exclude from
further consideration a request for allocation is made within ten work-
ing days of the end of the calendar year and in the case of all requests
for consent to a carryforward election, the commissioner or director, as
is appropriate, shall provide the panel with the longest possible
advance notification of the action, consistent with the requirements of
the code, and shall, wherever possible, solicit the opinions of the
members of the panel before formally notifying any applicant of the
action. Such notification may be made by means of telephone communi-
cation to the members or by written notice delivered to the Albany
office of the appointing authority of the respective members.
7. Upon notification by the director or the commissioner, any member
of the panel may, within five working days, notify the commissioner or
the director of any policy objection concerning the expected action. If
three or more members of the panel shall submit policy objections in
writing to the intended action, the commissioner or the director shall
respond in writing to the objection prior to taking the intended action
unless exigent circumstances make it necessary to respond after the
action has been taken.
8. On or before the first day of July, in any year, the director shall
report to the members of the New York state bond allocation policy advi-
sory panel on the actual utilization of volume cap for the issuance of
bonds during the prior calendar year and the amount of such cap allo-
cated for carryforwards for future bond issuance. The report shall
include, for each local agency or other issuer and each state agency the
initial allocation, the amount of bonds issued subject to the allo-
cation, the amount of the issuer's allocation that remained unused, the
allocation of the statewide bond reserve, carryforward allocations and
recapture of allocations. Further, the report shall include projections
regarding private activity bond issuance for state and local issuers for
the calendar year, as well as any recommendations for legislative
action.
S 15. Severability. If any clause, sentence, paragraph, section, or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair, or invali-
date the remainder thereof, but shall be confined in its operation to
S. 6408--A 98 A. 9008--A
the clause, sentence, paragraph, section, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
S 16. Chapter 49 of the laws of 2014 is REPEALED.
S 17. Section 51 of the public authorities law is amended by adding a
new subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, THE BOARD SHALL HAVE
THE POWER AND IT SHALL BE ITS DUTY TO RECEIVE APPLICATIONS FOR APPROVAL
FOR ANY FINANCING OR BOND ISSUANCES THAT UTILIZE THE LOCAL AGENCY SET-
ASIDE, AS AUTHORIZED BY THE "PRIVATE ACTIVITY BOND ALLOCATION ACT OF
2016", EXECUTED BY ENTITIES OR SUCCESSOR ENTITIES AS DEFINED BY SUBDIVI-
SIONS EIGHT AND NINE OF SECTION THREE OF THAT ACT, INCLUDING ENTITIES
ESTABLISHED PURSUANT TO ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW,
AND CORPORATIONS ESTABLISHED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN
OF THE NOT-FOR-PROFIT CORPORATION LAW AND ARTICLE TWELVE OF THE PRIVATE
HOUSING FINANCE LAW.
S 18. This act shall take effect immediately.
PART S
Section 1. Section 258-aa and article 25 of the agriculture and
markets law are REPEALED.
S 2. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding
three new sections 16-x, 16-y and 16-z to read as follows:
S 16-X. DAIRY PROMOTION ACT. 1. DECLARATION OF POLICY. (A) IT IS HERE-
BY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE A VIGOROUS
AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION, THE CORPORATION
HAS UNDERTAKEN A VIGOROUS CAMPAIGN TO MARKET THE STATE'S ASSETS AND, BY
CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER THIS MISSION
BY PROMOTING THE STATE'S DAIRY INDUSTRY.
(B) IT IS FURTHER DECLARED THAT THE CONTINUED EXISTENCE OF THE STATE
DAIRY INDUSTRY, AND THE CONTINUED PRODUCTION OF MILK ON THE FARMS OF
THIS STATE, IS OF VAST ECONOMIC IMPORTANCE TO THE STATE AND TO THE
HEALTH AND WELFARE OF THE INHABITANTS THEREOF; THAT IT IS ESSENTIAL, IN
ORDER TO ASSURE SUCH CONTINUED PRODUCTION OF MILK AND ITS HANDLING AND
DISTRIBUTION, THAT PRICES TO PRODUCERS BE SUCH AS TO RETURN REASONABLE
COSTS OF PRODUCTION, AND AT THE SAME TIME TO ASSURE AN ADEQUATE SUPPLY
OF MILK AND DAIRY PRODUCTS TO CONSUMERS AT REASONABLE PRICES; AND TO
THESE ENDS IT IS ESSENTIAL THAT CONSUMERS AND OTHERS BE ADEQUATELY
INFORMED AS TO THE DIETARY NEEDS AND ADVANTAGES OF MILK AND DAIRY
PRODUCTS AND AS TO THE ECONOMIES RESULTING FROM THE USE OF MILK AND
DAIRY PRODUCTS, AND TO COMMAND FOR MILK AND DAIRY PRODUCTS, CONSUMER
ATTENTION AND DEMAND CONSISTENT WITH THEIR IMPORTANCE AND VALUE. IT IS
FURTHER DECLARED THAT CONTINUED DECLINE IN THE CONSUMPTION OF FLUID MILK
AND SOME OTHER DAIRY PRODUCTS WILL JEOPARDIZE THE PRODUCTION OF ADEQUATE
SUPPLIES OF MILK AND DAIRY PRODUCTS BECAUSE OF INCREASING SURPLUSES
NECESSARILY RETURNING LESS TO PRODUCERS; AND THAT CONTINUED ADEQUATE
SUPPLIES OF MILK AND DAIRY PRODUCTS IS A MATTER OF VITAL CONCERN AS
AFFECTING THE HEALTH AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT
IS THEREFORE DECLARED TO BE THE LEGISLATIVE INTENT AND POLICY OF THE
STATE:
(I) TO ENABLE MILK PRODUCERS AND OTHERS IN THE DAIRY INDUSTRY, WITH
THE AID OF THE STATE, TO MORE EFFECTIVELY PROMOTE THE CONSUMPTION OF
MILK AND DAIRY PRODUCTS,
S. 6408--A 99 A. 9008--A
(II) TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND
IMPROVED DAIRY PRODUCTS, AND TO PROMOTE THEIR USE, AND
(III) TO THIS END, TO ELIMINATE THE POSSIBLE IMPAIRMENT OF THE
PURCHASING POWER OF THE MILK PRODUCERS OF THIS STATE AND TO ASSURE AN
ADEQUATE SUPPLY OF MILK FOR CONSUMERS AT REASONABLE PRICES.
2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION.
(B) "DAIRY PRODUCTS" MEANS MILK AND PRODUCTS DERIVED THEREFROM, AND
PRODUCTS OF WHICH MILK OR A PORTION THEREOF IS A SIGNIFICANT PART.
(C) "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO IS ENGAGED IN THE
PRODUCTION OF MILK OR WHO CAUSES MILK TO BE PRODUCED FOR ANY MARKET IN
THIS OR ANY OTHER STATE.
(D) "ADVISORY BOARD" MEANS THE PERSONS APPOINTED BY THE PRESIDENT FROM
NOMINATIONS FROM PRODUCERS TO ASSIST THE PRESIDENT IN ADMINISTERING A
DAIRY PROMOTION ORDER.
(E) "MILK DEALER" MEANS ANY PERSON WHO PURCHASES OR HANDLES OR
RECEIVES OR SELLS MILK, INCLUDING INDIVIDUALS, PARTNERSHIPS, CORPO-
RATIONS, COOPERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSO-
CIATIONS.
(F) "DAIRY PROMOTION ORDER" MEANS AN ORDER ISSUED BY THE PRESIDENT,
PURSUANT TO THE PROVISIONS OF THIS SECTION.
(G) "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF
MILK PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER
STATE, HAVING AGREEMENTS WITH THEIR PRODUCER MEMBERS TO MARKET, BARGAIN
FOR OR SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE
OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY THEIR
MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER-
ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
(H) "STATE" MEANS THE STATE OF NEW YORK.
3. POWERS AND DUTIES OF THE PRESIDENT. (A) THE PRESIDENT SHALL ADMIN-
ISTER AND ENFORCE THE PROVISIONS OF THIS SECTION. IN ORDER TO EFFECTUATE
THE DECLARED POLICY OF THIS SECTION THE PRESIDENT, IN CONSULTATION WITH
THE COMMISSIONER OF AGRICULTURE AND MARKETS, MAY, AFTER DUE NOTICE AND
HEARING, MAKE AND ISSUE A DAIRY PROMOTION ORDER, OR ORDERS.
(B) SUCH ORDER OR ORDERS SHALL BE ISSUED AND AMENDED OR TERMINATED IN
ACCORDANCE WITH THE FOLLOWING PROCEDURES:
(I) BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT MUST BE APPROVED BY
FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN THE REFERENDUM
FOR THE AREA TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT
CONSTITUTE VALID APPROVAL UNLESS FIFTY-ONE PER CENTUM OF ALL MILK
PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM. PRODUCERS
MAY VOTE BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPERATIVES IN ACCORD-
ANCE WITH THE FOLLOWING PROCEDURES:
(A) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH ORDER WITHIN A
PERIOD OF ONE HUNDRED TWENTY DAYS AFTER THE PRESIDENT HAS ANNOUNCED A
REFERENDUM ON A PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND
CERTIFIED TO THE PRESIDENT AS MEMBERS OF SUCH COOPERATIVE; PROVIDED,
HOWEVER, THAT ANY COOPERATIVE BEFORE SUBMITTING SUCH WRITTEN APPROVAL
SHALL GIVE AT LEAST SIXTY DAYS PRIOR WRITTEN NOTICE TO EACH PRODUCER WHO
IS ITS MEMBER, OF THE INTENTION OF THE COOPERATIVE TO APPROVE SUCH
PROPOSED ORDER, AND FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT
INTEND TO APPROVE SUCH PROPOSED ORDER, IT SHALL LIKEWISE GIVE WRITTEN
NOTICE TO EACH SUCH PRODUCER WHO IS ITS MEMBER, OF ITS INTENTION NOT TO
APPROVE OF SUCH PROPOSED ORDER.
S. 6408--A 100 A. 9008--A
(B) ANY PRODUCER MAY OBTAIN A BALLOT FROM THE PRESIDENT SO THAT HE OR
SHE MAY REGISTER HIS OR HER OWN APPROVAL OR DISAPPROVAL OF THE PROPOSED
ORDER.
(C) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE WHICH HAS NOTIFIED HIM
OR HER OF ITS INTENT TO APPROVE OR NOT TO APPROVE OF A PROPOSED ORDER,
AND WHO OBTAINS A BALLOT AND WITH SUCH BALLOT EXPRESSES HIS OR HER
APPROVAL OR DISAPPROVAL OF THE PROPOSED ORDER, SHALL NOTIFY THE PRESI-
DENT AS TO THE NAME OF THE COOPERATIVE OF WHICH HE OR SHE IS A MEMBER,
AND THE PRESIDENT SHALL REMOVE SUCH PRODUCER'S NAME FROM THE LIST CERTI-
FIED BY SUCH COOPERATIVE.
(D) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING
A PROPOSED ORDER, THE PRESIDENT SHALL NOTIFY ALL MILK PRODUCERS THAT AN
ORDER IS BEING CONSIDERED AND THAT EACH PRODUCER MAY REGISTER HIS OR HER
APPROVAL OR DISAPPROVAL WITH THE PRESIDENT EITHER DIRECTLY OR THROUGH
HIS OR HER COOPERATIVE.
(E) THE PRESIDENT MAY APPOINT A REFERENDUM ADVISORY COMMITTEE TO
ASSIST AND ADVISE HIM OR HER IN THE CONDUCT OF THE REFERENDUM. SUCH
COMMITTEE SHALL REVIEW REFERENDUM PROCEDURES AND THE TABULATION OF
RESULTS, AND SHALL ADVISE THE PRESIDENT OF ITS FINDINGS. THE FINAL
CERTIFICATION OF THE REFERENDUM RESULTS SHALL BE MADE BY THE PRESIDENT.
THE COMMITTEE SHALL CONSIST OF NOT LESS THAN THREE MEMBERS, NONE OF WHOM
SHALL BE PERSONS DIRECTLY AFFECTED BY THE PROMOTION ORDER BEING VOTED
UPON. TWO MEMBERS SHALL BE REPRESENTATIVES OF GENERAL FARM ORGANIZA-
TIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE ORDER BEING VOTED UPON. THE
MEMBERS OF THE COMMITTEE SHALL NOT RECEIVE A SALARY BUT SHALL BE ENTI-
TLED TO ACTUAL AND REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF
THEIR DUTIES.
(II) THE PRESIDENT MAY, AND UPON WRITTEN PETITION OF NOT LESS THAN TEN
PER CENTUM OF THE PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS OR
THROUGH COOPERATIVE REPRESENTATION, SHALL CALL A HEARING TO AMEND OR
TERMINATE SUCH ORDER, AND ANY SUCH AMENDMENT OR TERMINATION SHALL BE
EFFECTIVE ONLY UPON APPROVAL OF FIFTY-ONE PER CENTUM OF THE PRODUCERS OF
MILK FOR THE AREA REGULATED PARTICIPATING IN A REFERENDUM VOTE AS
PROVIDED PURSUANT TO THIS PARAGRAPH.
(C) THE PRESIDENT SHALL ADMINISTER AND ENFORCE ANY SUCH DAIRY
PROMOTION ORDER WHILE IT IS IN EFFECT, FOR THE PURPOSE OF:
(I) ENCOURAGING THE CONSUMPTION OF MILK AND DAIRY PRODUCTS BY
ACQUAINTING CONSUMERS AND OTHERS WITH THE ADVANTAGES AND ECONOMY OF
USING MORE OF SUCH PRODUCTS,
(II) PROTECTING THE HEALTH AND WELFARE OF CONSUMERS BY ASSURING AN
ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS,
(III) PROVIDING FOR RESEARCH PROGRAMS DESIGNED TO DEVELOP NEW AND
IMPROVED DAIRY PRODUCTS,
(IV) PROVIDING FOR RESEARCH PROGRAMS DESIGNED TO ACQUAINT CONSUMERS
AND THE PUBLIC GENERALLY WITH THE EFFECTS OF THE USE OF MILK AND DAIRY
PRODUCTS ON THE HEALTH OF SUCH CONSUMERS,
(V) CARRYING OUT, IN OTHER WAYS, THE DECLARED POLICY AND INTENT OF
THIS SECTION.
4. PROVISIONS OF DAIRY PROMOTION ORDERS. ANY DAIRY PROMOTION ORDER OR
ORDERS MAY CONTAIN, AMONG OTHERS, ANY OR ALL OF THE FOLLOWING:
(A) PROVISION FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT
TO THE REGULATION FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUCH
ORDER AND TO PAY THE COST OF ADMINISTERING AND ENFORCING SUCH ORDER. IN
ORDER TO COLLECT ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH
MILK DEALER WHO RECEIVES MILK FROM PRODUCERS TO DEDUCT THE AMOUNT OF
ASSESSMENT FROM MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIV-
S. 6408--A 101 A. 9008--A
ERED. THE RATE OF SUCH ASSESSMENT SHALL NOT EXCEED TWO PERCENT PER
HUNDREDWEIGHT OF THE GROSS VALUE OF THE PRODUCERS' MILK, AND THERE MAY
BE CREDITED AGAINST ANY SUCH ASSESSMENT THE AMOUNTS PER HUNDREDWEIGHT
OTHERWISE PAID BY ANY PRODUCER COVERED BY THE ORDER BY VOLUNTARY
CONTRIBUTION OR OTHERWISE PURSUANT TO ANY OTHER FEDERAL OR STATE MILK
MARKET ORDER FOR ANY SIMILAR RESEARCH PROMOTION OR ADVERTISING PROGRAM.
NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF
THIS SECTION, THE PRESIDENT, UPON WRITTEN PETITION OF NO LESS THAN TWEN-
TY-FIVE PERCENT OF PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS OR
THROUGH COOPERATIVE REPRESENTATION, MAY CALL A HEARING FOR THE SOLE
PURPOSE OF ESTABLISHING A NEW RATE OF ASSESSMENT HEREUNDER AND MAY
SUBMIT A PROPOSED CHANGE IN THE RATE OF ASSESSMENT TO THE PRODUCERS FOR
ACCEPTANCE OR REJECTION WITHOUT OTHERWISE AFFECTING THE ORDER. THE
PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER AS INDIVID-
UALS OR THROUGH COOPERATIVE REPRESENTATION. NOTWITHSTANDING THE FOREGO-
ING PROVISIONS OF THIS PARAGRAPH AND OF PARAGRAPH (B) OF SUBDIVISION
THREE OF THIS SECTION, OR THE PROVISIONS OF ANY ORDER PROMULGATED PURSU-
ANT TO THIS SECTION, THE RATE OF ASSESSMENT, FOR ANY PERIOD DURING WHICH
A DAIRY PRODUCTS PROMOTION AND RESEARCH ORDER ESTABLISHED PURSUANT TO
THE FEDERAL DAIRY AND TOBACCO ADJUSTMENT ACT OF 1983 IS IN EFFECT, SHALL
NOT BE LESS THAN AN AMOUNT EQUAL TO THE MAXIMUM CREDIT WHICH PRODUCERS
PARTICIPATING IN THIS STATE'S DAIRY PRODUCTS PROMOTION OR NUTRITION
EDUCATION PROGRAMS MAY RECEIVE PURSUANT TO SUBDIVISION (G) OF SEC. 113
OF SAID FEDERAL ACT.
(B) PROVISION FOR PAYMENTS TO ORGANIZATIONS ENGAGED IN CAMPAIGNS BY
ADVERTISEMENTS OR OTHERWISE, INCLUDING PARTICIPATION IN SIMILAR REGIONAL
OR NATIONAL PLANS OR CAMPAIGNS TO PROMOTE THE INCREASED CONSUMPTION OF
MILK AND DAIRY PRODUCTS, TO ACQUAINT THE PUBLIC WITH THE DIETARY ADVAN-
TAGES OF MILK AND DAIRY PRODUCTS AND WITH THE ECONOMY OF THEIR INCLUSION
IN THE DIET AND TO COMMAND, FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTEN-
TION CONSISTENT WITH THEIR IMPORTANCE AND VALUE.
(C) PROVISION FOR PAYMENTS TO INSTITUTIONS OR ORGANIZATIONS ENGAGED IN
RESEARCH LEADING TO THE DEVELOPMENT OF NEW OR IMPROVED DAIRY PRODUCTS OR
RESEARCH WITH RESPECT TO THE VALUE OF MILK AND DAIRY PRODUCTS IN THE
HUMAN DIET.
(D) PROVISION FOR REQUIRING RECORDS TO BE KEPT AND REPORTS TO BE FILED
BY MILK DEALERS WITH RESPECT TO MILK RECEIVED FROM PRODUCERS AND WITH
RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.
(E) PROVISION FOR THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS FOR
THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
(F) PROVISION FOR AN ADVISORY BOARD PURSUANT TO SUBDIVISION 10 OF THIS
SECTION.
(G) PROVISION FOR THE PRESIDENT TO RETAIN MONEY COLLECTED UNDER ANY
MARKETING ORDER ISSUED PURSUANT TO THIS SECTION, TO DEFRAY THE COSTS AND
EXPENSES IN THE ADMINISTRATION THEREOF.
(H) SUCH OTHER PROVISIONS AS MAY BE NECESSARY TO EFFECTUATE THE
DECLARED POLICIES OF THIS SECTION.
5. MATTERS TO BE CONSIDERED. IN CARRYING OUT THE PROVISIONS OF THIS
SECTION AND PARTICULARLY IN DETERMINING WHETHER OR NOT A DAIRY PROMOTION
ORDER SHALL BE ISSUED, THE PRESIDENT, IN CONSULTATION WITH THE COMMIS-
SIONER OF AGRICULTURE AND MARKETS, SHALL TAKE INTO CONSIDERATION, AMONG
OTHERS, FACTS AVAILABLE TO HIM OR HER WITH RESPECT TO THE FOLLOWING:
(A) THE TOTAL PRODUCTION OF MILK IN THE AREA AND THE PROPORTION OF
SUCH MILK BEING UTILIZED IN FLUID FORM AND IN OTHER PRODUCTS,
(B) THE PRICES BEING RECEIVED FOR MILK BY PRODUCERS IN THE AREA,
S. 6408--A 102 A. 9008--A
(C) THE LEVEL OF CONSUMPTION PER CAPITA FOR FLUID MILK AND OF OTHER
DAIRY PRODUCTS,
(D) THE PURCHASING POWER OF CONSUMERS,
(E) OTHER PRODUCTS WHICH COMPETE WITH MILK AND DAIRY PRODUCTS AND
PRICES OF SUCH PRODUCTS.
6. INTERSTATE ORDERS FOR COMPACTS. THE PRESIDENT, IN CONSULTATION WITH
THE COMMISSIONER OF AGRICULTURE AND MARKETS, IS AUTHORIZED TO CONFER AND
COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF OTHER STATES AND
OF THE UNITED STATES WITH RESPECT TO THE ISSUANCE AND OPERATION OF JOINT
AND CONCURRENT DAIRY PROMOTION ORDERS OR OTHER ACTIVITIES TENDING TO
CARRY OUT THE DECLARED INTENT OF THE ACT. HE OR SHE MAY JOIN WITH SUCH
OTHER AUTHORITIES IN CONDUCTING JOINT INVESTIGATIONS, HOLDING JOINT
HEARINGS AND ISSUING JOINT OR CONCURRENT ORDER OR ORDERS COMPLEMENTARY
TO THOSE OF THE FEDERAL GOVERNMENT AND SHALL HAVE THE AUTHORITY TO
EMPLOY OR DESIGNATE A JOINT AGENT OR JOINT AGENCIES TO CARRY OUT AND
ENFORCE SUCH JOINT, CONCURRENT OR SUPPLEMENTARY ORDERS.
7. PRIOR ASSESSMENTS. PRIOR TO THE EFFECTIVE DATE OF ANY DAIRY
PROMOTION ORDER AS PROVIDED IN THIS SECTION, THE PRESIDENT MAY REQUIRE
THAT COOPERATIVE ASSOCIATIONS WHICH HAVE PETITIONED FOR SUCH AN ORDER
AND THAT HAVE APPROVED OF THE ISSUANCE OF SUCH AN ORDER, TO DEPOSIT WITH
THE PRESIDENT SUCH AMOUNTS AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY THE
EXPENSE OF ADMINISTERING AND ENFORCING SUCH ORDER UNTIL SUCH TIME AS THE
ASSESSMENTS AS HEREIN BEFORE PROVIDED ARE ADEQUATE FOR THAT PURPOSE.
SUCH FUNDS SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT
IN THE SAME MANNER AS OTHER FUNDS RECEIVED BY HIM OR HER PURSUANT TO
THIS SECTION AND THE PRESIDENT SHALL REIMBURSE THOSE WHO PAID THESE
PRIOR ASSESSMENTS FROM OTHER FUNDS RECEIVED BY HIM OR HER PURSUANT TO
THIS SECTION.
8. STATUS OF FUNDS. ANY MONEYS COLLECTED UNDER ANY MARKET ORDER ISSUED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO BE STATE FUNDS AND SHALL
BE DEPOSITED IN A BANK OR OTHER DEPOSITORY OF THE CORPORATION, APPROVED
BY THE PRESIDENT, ALLOCATED TO EACH DAIRY PROMOTION ORDER UNDER WHICH
THEY WERE COLLECTED, AND SHALL BE DISBURSED BY THE PRESIDENT ONLY FOR
THE NECESSARY EXPENSES INCURRED BY THE PRESIDENT WITH RESPECT TO EACH
SEPARATE ORDER, ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
PRESIDENT. ALL SUCH EXPENSES SHALL BE AUDITED BY THE CORPORATION AT
LEAST ANNUALLY. ANY MONEYS REMAINING IN SUCH FUND ALLOCABLE TO A
PARTICULAR ORDER, AFTER THE TERMINATION OF SUCH ORDER AND NOT REQUIRED
BY THE PRESIDENT TO DEFRAY THE EXPENSES OF OPERATING SUCH ORDER, MAY IN
THE DISCRETION OF THE PRESIDENT BE REFUNDED ON A PRO-RATA BASIS TO ALL
PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED, HOWEV-
ER, THAT IF THE PRESIDENT FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO
SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH
MONEYS, THE PRESIDENT MAY USE SUCH MONEYS TO DEFRAY THE EXPENSES
INCURRED BY HIM OR HER IN THE PROMULGATION, ISSUANCE, ADMINISTRATION OR
ENFORCEMENT OF ANY OTHER SIMILAR DAIRY PROMOTION ORDER OR IN THE ABSENCE
OF ANY OTHER SUCH DAIRY PROMOTION ORDER, THE PRESIDENT MAY PAY SUCH
MONEYS TO ANY ORGANIZATION OR INSTITUTION AS PROVIDED IN PARAGRAPH (B)
OR (C) OF SUBDIVISION FOUR OF THIS SECTION.
9. BUDGET. THE PRESIDENT SHALL PREPARE A BUDGET FOR THE ADMINISTRATION
AND OPERATING COSTS AND EXPENSES INCLUDING ADVERTISING AND SALES
PROMOTION WHEN REQUIRED IN ANY DAIRY PROMOTION ORDER EXECUTED HEREUNDER
AND TO PROVIDE FOR THE COLLECTION OF SUCH NECESSARY FEES OR ASSESSMENTS
TO DEFRAY COSTS AND EXPENSES, IN NO CASE TO EXCEED TWO PERCENT PER
HUNDREDWEIGHT OF THE GROSS VALUE OF MILK MARKETED BY PRODUCERS IN THE
AREA COVERED BY THE ORDER.
S. 6408--A 103 A. 9008--A
10. ADVISORY BOARD. (A) ANY DAIRY PROMOTION ORDER ISSUED PURSUANT TO
THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD TO
ADVISE AND ASSIST THE PRESIDENT IN THE ADMINISTRATION OF SUCH ORDER.
THIS BOARD SHALL CONSIST OF NOT LESS THAN FIVE MEMBERS AND SHALL BE
APPOINTED BY THE PRESIDENT FROM NOMINATIONS SUBMITTED BY PRODUCERS
MARKETING MILK IN THE AREA TO WHICH THE ORDER APPLIES. NOMINATING PROCE-
DURE, QUALIFICATION, REPRESENTATION, AND SIZE OF THE ADVISORY BOARD
SHALL BE PRESCRIBED IN THE ORDER FOR WHICH SUCH BOARD WAS APPOINTED.
(B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
ENTITLED TO HIS OR HER ACTUAL AND REASONABLE EXPENSES INCURRED WHILE
PERFORMING HIS OR HER DUTIES AS AUTHORIZED IN THIS SECTION.
(C) THE DUTIES AND RESPONSIBILITIES OF THE ADVISORY BOARD SHALL BE
PRESCRIBED BY THE PRESIDENT AND HE OR SHE MAY SPECIFICALLY DELEGATE TO
THE ADVISORY BOARD, BY INCLUSION IN THE DAIRY PROMOTION ORDER, ALL OR
ANY OF THE FOLLOWING DUTIES AND RESPONSIBILITIES:
(I) THE RECOMMENDATION TO THE PRESIDENT OF ADMINISTRATIVE RULES AND
REGULATIONS RELATING TO THE ORDER.
(II) RECOMMENDING TO THE PRESIDENT SUCH AMENDMENTS TO THE ORDER AS
DEEMED ADVISABLE.
(III) THE PREPARATION AND SUBMISSION TO THE PRESIDENT OF AN ESTIMATED
BUDGET REQUIRED FOR THE PROPER OPERATION OF THE ORDER.
(IV) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING PRODUCERS AND
METHODS FOR COLLECTING THE NECESSARY FUNDS.
(V) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLY OF INFORMA-
TION AND DATA NECESSARY FOR THE PROPER ADMINISTRATION OF THE ORDER.
(VI) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER
AS THE PRESIDENT SHALL DESIGNATE.
11. RULES AND REGULATIONS; ENFORCEMENT. (A) THE PRESIDENT MAY, WITH
THE ADVICE AND ASSISTANCE OF THE ADVISORY BOARD, MAKE AND ISSUE SUCH
RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE THE PROVISIONS
AND INTENT OF THIS SECTION AND TO ENFORCE THE PROVISIONS OF ANY DAIRY
PROMOTION ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW.
(B) THE PRESIDENT MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS MAY
APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS
SECTION, OR ANY RULE OR REGULATION, OR DAIRY PROMOTION ORDER COMMITTED
TO HIS OR HER ADMINISTRATION, AND MAY APPLY FOR RELIEF BY INJUNCTION IF
NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT BEING COMPELLED TO
ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES NOT EXIST. SUCH
APPLICATION SHALL BE MADE TO THE SUPREME COURT IN ANY DISTRICT OR COUNTY
PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR TO THE SUPREME COURT IN
THE THIRD JUDICIAL DISTRICT.
12. COOPERATION BY THE DEPARTMENT OF AGRICULTURE AND MARKETS. THE
PRESIDENT OF THE CORPORATION MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS
OF SUCH REQUEST FROM THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND
MARKETS (HEREAFTER REFERRED TO IN THIS SUBDIVISION AS THE "DEPARTMENT")
SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECESSARY FOR THE
CORPORATION TO PROVIDE SERVICES WITH RESPECT TO THE ADMINISTRATION OF
THE PROCEDURES SET FORTH FOR THE ISSUANCE, TERMINATION OR AMENDMENT OF
ANY DAIRY PROMOTION ORDER AND/OR THE ADMINISTRATION OF ANY SUCH ORDER.
THE CORPORATION SHALL RETAIN AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY
THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS SECTION AND
REIMBURSE THE DEPARTMENT AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE
DEPARTMENT IN SUPPLYING SUCH SERVICES, SUBSEQUENT TO SUBMISSION AND
AUDIT OF A VOUCHER THEREFOR. SUCH REIMBURSEMENT SHALL NOT EXCEED THE
TOTAL AMOUNT OF FUNDS COLLECTED BY THE CORPORATION PURSUANT TO THIS
S. 6408--A 104 A. 9008--A
SECTION LESS THE REASONABLE EXPENSES INCURRED BY THE CORPORATION IN
PERFORMING ITS DUTIES PURSUANT TO THIS SECTION.
13. INDEMNIFICATION. THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM-
LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS
AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING
TO, THE ADMINISTRATION OF A DAIRY PROMOTION ORDER ISSUED OR ADMINISTERED
PURSUANT TO THIS SECTION. IN CONNECTION WITH THE FOREGOING, THE CORPO-
RATION SHALL GIVE THE STATE (A) PROMPT WRITTEN NOTICE OF ANY ACTION,
CLAIM OR THREAT OF SUIT, (B) THE OPPORTUNITY TO TAKE OVER, SETTLE OR
DEFEND SUCH ACTION, CLAIM OR SUIT AT THE STATE'S SOLE EXPENSE, AND (C)
ASSISTANCE IN THE DEFENSE OF ANY SUCH ACTION AT THE EXPENSE OF THE
STATE.
14. CONTRACTUAL PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES
WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE WITH
THE CORPORATION'S POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING
SECTION 2879 OF THE PUBLIC AUTHORITIES LAW OR ANY OTHER LAW TO THE
CONTRARY, ANY SUCH CONTRACT MAY BE PROCURED BY THE CORPORATION ON A
SOLE-SOURCE BASIS, AND SHALL NOT BE SUBJECT TO COMPETITIVE BID OR
COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS.
S 16-Y. MARKETING OF AGRICULTURAL PRODUCTS. DECLARATION OF POLICY. (A)
IT IS HEREBY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE
A VIGOROUS AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION, THE
CORPORATION HAS UNDERTAKEN A VIGOROUS CAMPAIGN TO MARKET THE STATE'S
ASSETS AND BY CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER
THIS MISSION BY PROMOTING THE DEVELOPMENT OF MARKETS FOR AGRICULTURAL
PRODUCTS GROWN AND PRODUCED IN THE STATE.
(B) IT IS FURTHER DECLARED THAT THE MARKETING OF AGRICULTURAL COMMOD-
ITIES AND AQUATIC PRODUCTS IN THIS STATE, IN EXCESS OF REASONABLE AND
NORMAL MARKET DEMANDS THEREFOR; DISORDERLY MARKETING OF SUCH COMMOD-
ITIES; IMPROPER PREPARATION FOR MARKET AND LACK OF UNIFORM GRADING AND
CLASSIFICATION OF AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS; UNFAIR
METHODS OF COMPETITION IN THE MARKETING OF SUCH COMMODITIES AND THE
INABILITY OF INDIVIDUAL PRODUCERS TO DEVELOP NEW AND LARGER MARKETS FOR
AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS, RESULT IN AN UNREASONABLE
AND UNNECESSARY ECONOMIC WASTE OF THE AGRICULTURAL WEALTH OF THIS STATE.
SUCH CONDITIONS AND THE ACCOMPANYING WASTE JEOPARDIZE THE FUTURE CONTIN-
UED PRODUCTION OF ADEQUATE FOOD SUPPLIES FOR THE PEOPLE OF THIS AND
OTHER STATES. THESE CONDITIONS VITALLY CONCERN THE HEALTH, SAFETY AND
GENERAL WELFARE OF THE PEOPLE OF THIS STATE.
IT IS THEREFORE DECLARED THE LEGISLATIVE PURPOSE AND THE POLICY OF
THIS STATE:
(I) TO ENABLE AGRICULTURAL PRODUCERS AND AQUATIC PRODUCERS OF THIS
STATE, WITH THE AID OF THE STATE, MORE EFFECTIVELY TO CORRELATE THE
MARKETING OF THEIR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS WITH
MARKET DEMANDS THEREFOR.
(II) TO ESTABLISH ORDERLY, EFFICIENT AND EQUITABLE MARKETING OF AGRI-
CULTURAL COMMODITIES AND AQUATIC PRODUCTS.
(III) TO PROVIDE FOR UNIFORM GRADING AND PROPER PREPARATION OF AGRI-
CULTURAL COMMODITIES AND AQUATIC PRODUCTS FOR MARKET.
(IV) TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND LARG-
ER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS PRODUCED IN
NEW YORK.
(V) TO ELIMINATE OR REDUCE THE ECONOMIC WASTE IN THE MARKETING OF
AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS.
S. 6408--A 105 A. 9008--A
(VI) TO ELIMINATE UNJUST IMPAIRMENT OF THE PURCHASING POWER OF AQUATIC
PRODUCERS AND THE AGRICULTURAL PRODUCERS OF THIS STATE; AND
(VII) TO AID AGRICULTURAL AND AQUATIC PRODUCERS IN MAINTAINING AN
INCOME AT AN ADEQUATE AND EQUITABLE LEVEL.
2. DEFINITIONS. (A) "AGRICULTURAL COMMODITY" MEANS ANY AND ALL AGRI-
CULTURAL, HORTICULTURAL, VINEYARD PRODUCTS, CORN FOR GRAIN, OATS, SOYBE-
ANS, BARLEY, WHEAT, POULTRY OR POULTRY PRODUCTS, BEES, MAPLE SAP AND
PURE MAPLE PRODUCTS PRODUCED THEREFROM, CHRISTMAS TREES, LIVESTOCK,
INCLUDING SWINE, AND HONEY, SOLD IN THE STATE EITHER IN THEIR NATURAL
STATE OR AS PROCESSED BY THE PRODUCER THEREOF BUT DOES NOT INCLUDE MILK,
TIMBER OR TIMBER PRODUCTS, OTHER THAN CHRISTMAS TREES, ALL HAY, RYE AND
LEGUMES EXCEPT FOR SOYBEANS.
(B) "AQUACULTURE" MEANS THE CULTURE, CULTIVATION AND HARVEST OF AQUAT-
IC PLANTS AND ANIMALS.
(C) "AQUATIC PRODUCTS" MEANS ANY FOOD OR FIBER PRODUCTS OBTAINED
THROUGH THE PRACTICE OF AQUACULTURE, INCLUDING MARICULTURE; OR BY
HARVEST FROM THE SEA WHEN SUCH PRODUCTS ARE CULTURED OR LANDED IN THIS
STATE. SUCH PRODUCTS INCLUDE BUT ARE NOT LIMITED TO FISH, SHELLFISH,
SEAWEED OR OTHER WATER BASED PLANT LIFE.
(D) "PRODUCER" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN THE BUSI-
NESS OF PRODUCING, OR CAUSING TO BE PRODUCED FOR ANY MARKET, ANY AGRI-
CULTURAL COMMODITY OR AQUATIC PRODUCT.
(E) "HANDLER" MEANS ANY PERSON ENGAGED IN THE OPERATION OF PACKING,
GRADING, SELLING, OFFERING FOR SALE OR MARKETING ANY MARKETABLE AGRICUL-
TURAL COMMODITIES OR AQUATIC PRODUCTS, WHO AS OWNER, AGENT OR OTHERWISE
SHIPS OR CAUSES AN AGRICULTURAL COMMODITY TO BE SHIPPED.
(F) "PROCESSOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN PROCESS-
ING, OR IN THE OPERATION OF RECEIVING, GRADING, PACKING, CANNING, FREEZ-
ING, DEHYDRATING, FERMENTING, DISTILLING, EXTRACTING, PRESERVING, GRIND-
ING, CRUSHING, OR IN ANY OTHER WAY PRESERVING OR CHANGING THE FORM OF AN
AGRICULTURAL PRODUCT OR AQUATIC PRODUCT FOR THE PURPOSE OF MARKETING
SUCH COMMODITY BUT SHALL NOT INCLUDE A PERSON ENGAGED IN MANUFACTURING
FROM AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT ANOTHER AND DIFFERENT
PRODUCT.
(G) "DISTRIBUTOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE, IN SELL-
ING, OFFERING FOR SALE, MARKETING OR DISTRIBUTING AN AGRICULTURAL
COMMODITY OR AQUATIC PRODUCT WHICH HE OR SHE HAS PURCHASED OR ACQUIRED
FROM A PRODUCER OR OTHER PERSON OR WHICH HE OR SHE IS MARKETING ON
BEHALF OF A PRODUCER OR OTHER PERSON, WHETHER AS OWNER, AGENT, EMPLOYEE,
BROKER OR OTHERWISE, BUT SHALL NOT INCLUDE A RETAILER, EXCEPT SUCH
RETAILER WHO PURCHASES OR ACQUIRES FROM, OR HANDLES ON BEHALF OF ANY
PRODUCER OR OTHER PERSON, AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT
SUBJECT TO REGULATION BY THE MARKETING AGREEMENT OR ORDER COVERING SUCH
COMMODITY.
(H) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION.
(I) "MARKETING AGREEMENT" MEANS AN AGREEMENT ENTERED INTO, WITH THE
APPROVAL OF THE PRESIDENT, BY PRODUCERS WITH DISTRIBUTORS, PROCESSORS
AND HANDLERS REGULATING THE PREPARATION, SALE AND HANDLING OF AGRICUL-
TURAL COMMODITIES OR AQUATIC PRODUCTS.
(J) "MARKETING ORDER" MEANS AN ORDER ISSUED BY THE PRESIDENT PURSUANT
TO THIS SECTION, PRESCRIBING RULES AND REGULATIONS GOVERNING THE MARKET-
ING FOR PROCESSING, THE DISTRIBUTING, THE SALE OF, OR THE HANDLING IN
ANY MANNER OF ANY AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SOLD IN THIS
STATE DURING ANY SPECIFIED PERIOD OR PERIODS.
3. POWERS AND DUTIES OF THE PRESIDENT. (A) IN ORDER TO EFFECTUATE THE
DECLARED POLICY OF THIS SECTION, THE PRESIDENT, IN CONSULTATION WITH THE
S. 6408--A 106 A. 9008--A
COMMISSIONER OF AGRICULTURE AND MARKETS, MAY, AFTER DUE NOTICE AND
OPPORTUNITY FOR HEARING, APPROVE MARKETING AGREEMENTS, WHICH MARKETING
AGREEMENTS SHALL THEREUPON BE BINDING UPON THE SIGNATORIES THERETO
EXCLUSIVELY.
(B) THE PRESIDENT MAY MAKE AND ISSUE MARKETING ORDERS, AFTER DUE
NOTICE AND OPPORTUNITY FOR HEARING, SUBJECT TO:
(I) APPROVAL OF NOT LESS THAN SIXTY-SIX AND TWO-THIRDS PER CENTUM OF
THE PRODUCERS PARTICIPATING IN A REFERENDUM IN THE AREA AFFECTED, OR
(II) APPROVAL OF NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE PRODUCERS
PARTICIPATING IN A REFERENDUM VOTE, IN THE AREA AFFECTED, AND HAVING
MARKETED NOT LESS THAN FIFTY-ONE PER CENTUM OF THE TOTAL QUANTITY OF THE
COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING, ORDINARY MARKETING
SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM, OR
(III) APPROVAL OF NOT LESS THAN FIFTY-ONE PER CENTUM OF THE PRODUCERS
PARTICIPATING IN A REFERENDUM VOTE, IN THE AREA AFFECTED, AND HAVING
MARKETED NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE TOTAL QUANTITY OF
THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING, ORDINARY MARKET-
ING SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM. THE PRESIDENT
MAY, AND UPON WRITTEN PETITION DULY SIGNED BY TWENTY-FIVE PER CENTUM OF
THE PRODUCERS IN THE AREA AMEND OR TERMINATE SUCH ORDER AFTER DUE NOTICE
AND OPPORTUNITY FOR HEARING, BUT SUBJECT TO THE APPROVAL OF NOT LESS
THAN FIFTY PER CENTUM OF SUCH PRODUCERS PARTICIPATING IN A REFERENDUM
VOTE.
(C) THE PRESIDENT SHALL ADMINISTER AND ENFORCE ANY MARKETING ORDER,
WHILE IT IS IN EFFECT, TO:
(I) ENCOURAGE AND MAINTAIN STABLE PRICES RECEIVED BY PRODUCERS FOR
SUCH AGRICULTURAL COMMODITY AND AQUATIC PRODUCT AT A LEVEL WHICH IS
CONSISTENT WITH THE PROVISIONS AND AIMS OF THIS ACT.
(II) PREVENT THE UNREASONABLE OR UNNECESSARY WASTE OF LAND OR WATER
BASED WEALTH.
(III) PROTECT THE INTERESTS OF CONSUMERS OF SUCH COMMODITY, BY EXER-
CISING THE POWERS OF THIS SECTION TO SUCH EXTENT AS IS NECESSARY TO
EFFECTUATE THE PURPOSES OF THIS ACT.
(IV) PREPARE A BUDGET FOR THE ADMINISTRATION AND OPERATING COSTS AND
EXPENSES INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN ANY
MARKETING AGREEMENT OR ORDER EXECUTED IN THIS SECTION AND TO PROVIDE FOR
THE COLLECTION AND RETENTION OF SUCH NECESSARY FEES TO DEFRAY SUCH COSTS
AND EXPENSES, IN NO CASE TO EXCEED FIVE PERCENT OF THE GROSS DOLLAR
VOLUME OF SALES OR DOLLAR VOLUME OF PURCHASES OR AMOUNTS HANDLED, TO BE
COLLECTED FROM EACH PERSON ENGAGED IN THE PRODUCTION, PROCESSING,
DISTRIBUTING OR THE HANDLING OF ANY MARKETABLE AGRICULTURAL COMMODITY
AND AQUATIC PRODUCT PRODUCED OR LANDED IN THIS STATE AND DIRECTLY
AFFECTED BY ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION FOR SUCH
COMMODITY.
(V) CONFER AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF
OTHER STATES AND THE UNITED STATES.
(D) ANY MARKETING AGREEMENT OR ORDER ISSUED BY THE PRESIDENT PURSUANT
TO THIS SECTION MAY CONTAIN ANY OR ALL OF THE FOLLOWING:
(I) PROVISIONS FOR DETERMINING THE EXISTENCE AND EXTENT OF THE SURPLUS
OF ANY AGRICULTURAL COMMODITY, OR OF ANY GRADE, SIZE OR QUALITY THEREOF,
AND PROVIDING FOR THE REGULATION AND DISPOSITION OF SUCH SURPLUS.
(II) PROVISIONS FOR LIMITING THE TOTAL QUANTITY OF ANY AGRICULTURAL
PRODUCT, OR OF ANY GRADE OR GRADES, SIZE OR SIZES, OR QUALITY OR
PORTIONS OR COMBINATIONS THEREOF, WHICH MAY BE MARKETED DURING ANY SPEC-
IFIED PERIOD OR PERIODS. SUCH TOTAL QUANTITY OF ANY SUCH COMMODITY SO
REGULATED SHALL NOT BE LESS THAN THE QUANTITY WHICH THE PRESIDENT SHALL
S. 6408--A 107 A. 9008--A
FIND IS REASONABLY NECESSARY TO SUPPLY THE MARKET DEMAND OF CONSUMERS
FOR SUCH COMMODITY.
(III) PROVISIONS REGULATING TO THE PERIOD, OR PERIODS, DURING WHICH
ANY AGRICULTURAL COMMODITY, OR ANY GRADE OR GRADES, SIZE OR SIZES OR
QUALITY OR PORTIONS OR COMBINATIONS OF SUCH COMMODITY, MAY BE MARKETED.
(IV) PROVISIONS FOR THE ESTABLISHMENT OF UNIFORM GRADING, STANDARDS,
AND INSPECTION OF ANY AGRICULTURAL COMMODITY DELIVERED BY PRODUCERS OR
OTHER PERSONS TO HANDLERS, PROCESSORS, DISTRIBUTORS OR OTHERS ENGAGING
IN THE HANDLING THEREOF, AND FOR THE ESTABLISHMENT OF GRADING OR STAND-
ARDS OF QUALITY, CONDITION, SIZE, MATURITY OR PACK FOR ANY AGRICULTURAL
COMMODITY, AND THE INSPECTION AND GRADING OF SUCH COMMODITY IN ACCORD-
ANCE WITH SUCH GRADING OR STANDARDS SO ESTABLISHED; AND FOR PROVISIONS
THAT NO PRODUCER, HANDLER, PROCESSOR OR DISTRIBUTOR OF ANY AGRICULTURAL
COMMODITY FOR WHICH GRADING OR STANDARDS ARE SO ESTABLISHED MAY, EXCEPT
AS OTHERWISE PROVIDED IN SUCH MARKETING AGREEMENT OR ORDER, SELL, OFFER
FOR SALE, PROCESS, DISTRIBUTE OR OTHERWISE HANDLE ANY SUCH COMMODITY
WHETHER PRODUCED WITHIN OR WITHOUT THIS STATE, NOT MEETING AND COMPLYING
WITH SUCH ESTABLISHED GRADING OR STANDARDS. FOR THE PURPOSES OF THIS
SECTION, THE FEDERAL-STATE INSPECTION SERVICE SHALL PERFORM ALL
INSPECTIONS MADE NECESSARY BY SUCH PROVISIONS.
(V) PROVISIONS FOR THE ESTABLISHMENT OF RESEARCH PROGRAMS DESIGNED TO
BENEFIT A SPECIFIED COMMODITY OR NEW YORK AGRICULTURE IN GENERAL.
(VI) PROVISIONS FOR THE PRESIDENT TO RETAIN MONEY COLLECTED UNDER ANY
MARKETING ORDER ISSUED PURSUANT TO THIS SECTION TO DEFRAY THE COSTS AND
EXPENSES IN THE ADMINISTRATION THEREOF.
(VII) SUCH OTHER PROVISIONS AS MAY BE NECESSARY TO EFFECTUATE THE
DECLARED POLICIES OF THIS SECTION.
(VIII) PROVISIONS TO ESTABLISH MARKETING PROMOTION AND RESEARCH
PROGRAMS FOR AQUATIC PRODUCTS WHICH MAY INCLUDE SUBPARAGRAPHS (I)
THROUGH (VII) OF THIS PARAGRAPH.
(E) THE PRESIDENT MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFEC-
TIVE MARKETING ORDER FOR A CONTINUING PERIOD OF NOT LONGER THAN ONE
GROWING AND MARKETING SEASON, IF THE PURPOSES OF THIS SECTION ARE DEEMED
UNNECESSARY DURING SUCH SEASON.
(F) IN CARRYING OUT THE PURPOSES OF THIS SECTION, THE PRESIDENT, IN
CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, SHALL
TAKE INTO CONSIDERATION ANY AND ALL FACTS AVAILABLE TO HIM OR HER WITH
RESPECT TO THE FOLLOWING ECONOMIC FACTORS:
(I) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY AVAILABLE FOR DISTRIB-
UTION.
(II) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY NORMALLY REQUIRED BY
CONSUMERS.
(III) THE COST OF PRODUCING SUCH AGRICULTURAL COMMODITY.
(IV) THE PURCHASING POWER OF CONSUMERS.
(V) THE LEVEL OF PRICES OF COMMODITIES, SERVICES AND SECTIONS WHICH
THE FARMERS COMMONLY BUY.
(VI) THE LEVEL OF PRICES OF OTHER COMMODITIES WHICH COMPETE WITH OR
ARE UTILIZED AS SUBSTITUTES FOR SUCH AGRICULTURAL COMMODITY.
(G) THE EXECUTION OF SUCH MARKETING AGREEMENTS SHALL IN NO MANNER
AFFECT THE ISSUANCE, ADMINISTRATION OR ENFORCEMENT OF ANY MARKETING
ORDER PROVIDED FOR IN THIS SECTION. THE PRESIDENT MAY ISSUE SUCH MARKET-
ING ORDER WITHOUT EXECUTING A MARKETING AGREEMENT OR MAY EXECUTE A
MARKETING AGREEMENT WITHOUT ISSUING A MARKETING ORDER COVERING THE SAME
COMMODITY. THE PRESIDENT, IN HIS OR HER DISCRETION, MAY HOLD A CONCUR-
RENT HEARING UPON A PROPOSED MARKETING AGREEMENT AND A PROPOSED MARKET-
S. 6408--A 108 A. 9008--A
ING ORDER IN THE MANNER PROVIDED FOR GIVING DUE NOTICE AND OPPORTUNITY
FOR HEARING FOR A MARKETING ORDER AS PROVIDED IN THIS SECTION.
(H) PRIOR TO THE ISSUANCE, AMENDMENT OR TERMINATION OF ANY MARKETING
ORDER, THE PRESIDENT MAY REQUIRE THE APPLICANTS FOR SUCH ISSUANCE,
AMENDMENT OR TERMINATION TO DEPOSIT WITH HIM OR HER SUCH AMOUNT AS HE OR
SHE MAY DEEM NECESSARY TO DEFRAY THE EXPENSES OF PREPARING AND MAKING
EFFECTIVE AMENDING OR TERMINATING A MARKETING ORDER. SUCH FUNDS SHALL BE
RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT IN THE SAME MANNER AS
OTHER FEES RECEIVED BY HIM OR HER UNDER THIS SECTION AND, IN THE EVENT
THE APPLICATION FOR ADOPTION, AMENDMENT OR TERMINATION OF A MARKETING
ORDER IS APPROVED IN A REFERENDUM, THE PRESIDENT SHALL REIMBURSE ANY
SUCH APPLICANT IN THE AMOUNT OF ANY SUCH DEPOSIT FROM ANY UNEXPENDED
MONIES COLLECTED UNDER THE MARKETING ORDER AFFECTED BY SUCH REFERENDUM.
(I) ANY MONEYS COLLECTED BY THE PRESIDENT PURSUANT TO THIS SECTION
SHALL NOT BE DEEMED STATE FUNDS AND SHALL BE DEPOSITED IN A BANK OR
OTHER DEPOSITORY OF THE CORPORATION, APPROVED BY THE PRESIDENT, ALLO-
CATED TO EACH MARKETING ORDER UNDER WHICH THEY ARE COLLECTED, AND SHALL
BE DISBURSED BY THE PRESIDENT ONLY FOR THE NECESSARY EXPENSES INCURRED
BY THE PRESIDENT WITH RESPECT TO EACH SUCH SEPARATE MARKETING ORDER, ALL
IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE PRESIDENT. ALL SUCH
EXPENDITURES SHALL BE AUDITED BY THE CORPORATION AT LEAST ANNUALLY. ANY
MONEYS REMAINING IN SUCH FUND ALLOCABLE TO ANY PARTICULAR COMMODITY
AFFECTED BY A MARKETING ORDER MAY, IN THE DISCRETION OF THE PRESIDENT,
BE REFUNDED AT THE CLOSE OF ANY MARKETING SEASON UPON A PRO-RATA BASIS
TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED OR, WHENEV-
ER THE PRESIDENT FINDS THAT SUCH MONEYS MAY BE NECESSARY TO DEFRAY THE
COST OF OPERATING SUCH MARKETING ORDER IN A SUCCEEDING MARKETING SEASON,
HE OR SHE MAY CARRY OVER ALL OR ANY PORTION OF SUCH MONEYS INTO THE NEXT
SUCH SUCCEEDING SEASON. UPON THE TERMINATION BY THE PRESIDENT OF ANY
MARKETING ORDER, ALL MONEYS REMAINING AND NOT REQUIRED BY THE PRESIDENT
TO DEFRAY THE EXPENSES OF OPERATING SUCH MARKETING ORDER, SHALL BE
REFUNDED BY THE PRESIDENT UPON A PRO-RATA BASIS TO ALL PERSONS FROM WHOM
ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED, HOWEVER, THAT IF THE
PRESIDENT FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE
IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH REFUNDS, THE PRESI-
DENT MAY USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY HIM OR HER
IN THE FORMULATION, ISSUANCE, ADMINISTRATION OR ENFORCEMENT OF ANY
SUBSEQUENT MARKETING ORDER FOR SUCH COMMODITY.
(J) ADVISORY BOARD. (I) ANY MARKETING ORDER ISSUED PURSUANT TO THIS
SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD, TO
CONSIST OF NOT LESS THAN FIVE MEMBERS NOR MORE THAN NINE MEMBERS, TO
ADVISE THE PRESIDENT IN THE ADMINISTRATION OF SUCH MARKETING ORDER IN
ACCORDANCE WITH ITS TERMS AND PROVISIONS. THE MEMBERS OF SAID BOARD
SHALL BE APPOINTED BY THE PRESIDENT FROM NOMINATIONS RECEIVED FROM THE
COMMODITY GROUP FOR WHICH THE MARKETING ORDER IS ESTABLISHED. NOMINATING
PROCEDURE, QUALIFICATION, REPRESENTATION AND SIZE OF THE ADVISORY BOARD
SHALL BE PRESCRIBED IN EACH MARKETING ORDER FOR WHICH SUCH BOARD IS
APPOINTED. EACH ADVISORY BOARD SHALL BE COMPOSED OF SUCH PRODUCERS AND
HANDLERS OR PROCESSORS AS ARE DIRECTLY AFFECTED BY THE MARKETING ORDER
IN SUCH PROPORTION OF REPRESENTATION AS THE ORDER SHALL PRESCRIBE. THE
PRESIDENT MAY APPOINT ONE PERSON WHO IS NEITHER A PRODUCER, PROCESSOR OR
OTHER HANDLER TO REPRESENT THE DEPARTMENT OF AGRICULTURE AND MARKETS,
THE CORPORATION, OR THE PUBLIC GENERALLY.
(II) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY, BUT EACH
SHALL BE ENTITLED TO HIS OR HER ACTUAL EXPENSES INCURRED WHILE ENGAGED
IN PERFORMING HIS OR HER DUTIES HEREIN AUTHORIZED.
S. 6408--A 109 A. 9008--A
(III) THE DUTIES AND RESPONSIBILITIES OF EACH ADVISORY BOARD SHALL BE
PRESCRIBED BY THE PRESIDENT, AND HE OR SHE MAY SPECIFICALLY DELEGATE TO
THE ADVISORY BOARD, BY INCLUSION IN THE MARKETING ORDER, ALL OR ANY OF
THE FOLLOWING DUTIES AND RESPONSIBILITIES:
(A) THE RECOMMENDATION TO THE PRESIDENT OF ADMINISTRATIVE RULES AND
REGULATIONS RELATING TO THE MARKETING ORDER.
(B) RECOMMENDING TO THE PRESIDENT SUCH AMENDMENTS TO THE MARKETING
ORDER AS DEEMED ADVISABLE.
(C) THE PREPARATION AND SUBMISSION TO THE PRESIDENT OF THE ESTIMATED
BUDGET REQUIRED FOR THE PROPER OPERATION OF THE MARKETING ORDER.
(D) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING MEMBERS OF THE
INDUSTRY AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
(E) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLING OF INFOR-
MATION AND DATA NECESSARY TO THE PROPER ADMINISTRATION OF THE ORDER.
(F) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE
MARKETING ORDER AS THE PRESIDENT SHALL DESIGNATE.
4. RULES AND REGULATIONS; ENFORCEMENT. THE PRESIDENT MAY MAKE AND
PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE
THE PROVISIONS AND INTENT OF THIS SECTION AND TO ENFORCE THE PROVISION
OF ANY MARKETING AGREEMENT OR ORDER, ALL OF WHICH SHALL HAVE THE FORCE
AND EFFECT OF LAW.
THE PRESIDENT MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS MAY
APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS
SECTION, OR ANY RULE OR REGULATION, MARKETING AGREEMENT OR ORDER,
COMMITTED TO HIS OR HER ADMINISTRATION, AND IN ADDITION MAY APPLY FOR
RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT
BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES
NOT EXIST. SUCH APPLICATION MAY BE MADE TO THE SUPREME COURT IN ANY
DISTRICT OR COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR
TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
5. COOPERATION BY THE DEPARTMENT OF AGRICULTURE AND MARKETS. THE PRES-
IDENT OF THE CORPORATION MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS OF
SUCH REQUEST, FROM THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND
MARKETS (HEREINAFTER REFERRED TO IN THIS SUBDIVISION AS THE "DEPART-
MENT") SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECESSARY
FOR THE CORPORATION TO PROVIDE SERVICES WITH RESPECT TO THE ADMINIS-
TRATION OF THE PROCEDURES SET FORTH FOR THE ISSUANCE, TERMINATION OR
AMENDMENT OF ANY AGRICULTURAL, COMMODITIES OR AQUATIC ORDER AND/OR THE
ADMINISTRATION OF ANY SUCH ORDER. THE CORPORATION SHALL RETAIN AN
AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING
ITS DUTIES PURSUANT TO THIS SECTION AND REIMBURSE THE DEPARTMENT AN
AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE DEPARTMENT IN SUPPLYING
SUCH SERVICES, SUBSEQUENT TO SUBMISSION AND AUDIT OF A VOUCHER THEREFOR.
SUCH REIMBURSEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FUNDS COLLECTED
BY THE CORPORATION PURSUANT TO THIS SECTION LESS THE REASONABLE EXPENSES
INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS
SECTION.
6. INDEMNIFICATION. THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM-
LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS
AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING
TO, THE ADMINISTRATION OF ANY AGRICULTURAL, COMMODITIES OR AQUATIC
PROMOTION ORDER ISSUED OR ADMINISTERED PURSUANT TO THIS SECTION. IN
CONNECTION WITH THE FOREGOING, THE CORPORATION SHALL GIVE THE STATE (A)
PROMPT WRITTEN NOTICE OF ANY ACTION, CLAIM OR THREAT OF SUIT, (B) THE
OPPORTUNITY TO TAKE OVER, SETTLE OR DEFEND SUCH ACTION, CLAIM OR SUIT AT
S. 6408--A 110 A. 9008--A
THE STATE'S SOLE EXPENSE, AND (C) ASSISTANCE IN THE DEFENSE OF ANY SUCH
ACTION AT THE EXPENSE OF THE STATE.
7. CONTRACTUAL PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES
WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE WITH
THE CORPORATION'S POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING
SECTION 2879 OF THE PUBLIC AUTHORITIES LAW OR ANY OTHER LAW TO THE
CONTRARY, ANY SUCH CONTRACT MAY BE PROCURED BY THE CORPORATION ON A
SOLE-SOURCE BASIS, AND SHALL NOT BE SUBJECT TO COMPETITIVE BID OR
COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS.
S 16-Z. MARKETING ORDERS. THE MARKETING ORDERS, THE REGULATORY
PROVISIONS RELATING THERETO, SET FORTH IN TITLE ONE OF THE OFFICIAL
COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
PARTS 40, 200, 201, 202, 203, 204, AND 205, AND THE CONTRACTS RELATING
THERETO SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL AMENDED OR REPEALED
PURSUANT TO THE STATUTORY AUTHORITY SET FORTH IN SECTIONS 16-X AND 16-Y
OF THIS ACT EXCEPT THAT: (A) SUCH MARKETING ORDERS, THE REGULATORY
PROVISIONS RELATING THERETO, AND THE CONTRACTS RELATING THERETO SHALL BE
ADMINISTERED BY AND UNDER THE SUPERVISION OF THE PRESIDENT OF THE CORPO-
RATION AS OF THE EFFECTIVE DATE OF SECTIONS 16-X AND 16-Y OF THIS ACT;
(B) ALL UNDISBURSED FUNDS UNDER THE CONTROL OF THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS SHALL BE TRANSFERRED TO THE CORPORATION ON OR BEFORE
SUCH EFFECTIVE DATE; AND (C) ANY ASSESSMENTS DUE AND PAYABLE UNDER SUCH
MARKETING ORDERS SHALL BE REMITTED TO THE CORPORATION STARTING 30 DAYS
AFTER THE EFFECTIVE DATE OF THIS SECTION.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be deemed repealed five years
after such date; provided, however, that any assessment due and payable
under such marketing orders shall be remitted to the urban development
corporation starting 30 days after such effective date.
PART T
Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
section 27-1905 of the environmental conservation law, as amended by
section 1 of part G of chapter 58 of the laws of 2013, are amended to
read as follows:
1. [Until December thirty-first, two thousand sixteen, accept] ACCEPT
from a customer, waste tires of approximately the same size and in a
quantity equal to the number of new tires purchased or installed by the
customer; and
[Until December thirty-first, two thousand sixteen, post] POST written
notice in a prominent location, which must be at least eight and one-
half inches by fourteen inches in size and contain the following
language:
S 2. The opening paragraph of subdivision 1, the opening paragraph of
subdivision 2 and the opening paragraph of subdivision 3 and paragraph
(a) of subdivision 6 of section 27-1913 of the environmental conserva-
tion law, as amended by section 2 of part G of chapter 58 of the laws of
2013, are amended to read as follows:
[Until December thirty-first, two thousand sixteen, a] A waste tire
management and recycling fee of two dollars and fifty cents shall be
charged on each new tire sold. The fee shall be paid by the purchaser to
the tire service at the time the new tire or new motor vehicle is
purchased.
[Until December thirty-first, two thousand sixteen, the] THE tire
service shall collect the waste tire management and recycling fee from
S. 6408--A 111 A. 9008--A
the purchaser at the time of the sale and shall remit such fee to the
department of taxation and finance with the quarterly report filed
pursuant to subdivision three of this section.
[Until March thirty-first, two thousand seventeen, each] EACH tire
service maintaining a place of business in this state shall make a
return to the department of taxation and finance on a quarterly basis,
with the return for December, January, and February being due on or
before the immediately following March thirty-first; the return for
March, April, and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being due on or
before the immediately following September thirtieth; and the return for
September, October, and November being due on or before the immediately
following December thirty-first.
(a) [Until December thirty-first, two thousand sixteen, any] ANY addi-
tional waste tire management and recycling costs of the tire service in
excess of the amount authorized to be retained pursuant to paragraph (b)
of subdivision two of this section may be included in the published
selling price of the new tire, or charged as a separate per-tire charge
on each new tire sold. When such costs are charged as a separate per-
tire charge: (i) such charge shall be stated as an invoice item separate
and distinct from the selling price of the tire; (ii) the invoice shall
state that the charge is imposed at the sole discretion of the tire
service; and (iii) the amount of such charge shall reflect the actual
cost to the tire service for the management and recycling of waste tires
accepted by the tire service pursuant to section 27-1905 of this title,
provided however, that in no event shall such charge exceed two dollars
and fifty cents on each new tire sold.
S 3. This act shall take effect immediately.
PART U
Section 1. Paragraph a of subdivision 2 of section 92-s of the state
finance law, as added by chapter 610 of the laws of 1993, is amended to
read as follows:
a. The comptroller shall establish the following separate and distinct
accounts within the environmental protection fund:
(i) solid waste account;
(ii) parks, recreation and historic preservation account;
(iii) open space account; [and]
(iv) CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT; AND
(V) environmental protection transfer account.
S 2. Paragraph (b) of subdivision 6 of section 92-s of the state
finance law, as amended by chapter 432 of the laws of 1997, is amended
to read as follows:
(b) Moneys from the solid waste account shall be available, pursuant
to appropriation and upon certificate of approval of availability by the
director of the budget, for any non-hazardous municipal landfill closure
project; municipal waste reduction or recycling project, as defined in
article fifty-four of the environmental conservation law; for the
purposes of section two hundred sixty-one and section two hundred
sixty-four of the economic development law; any project for the develop-
ment, updating or revision of local solid waste management plans pursu-
ant to sections 27-0107 and 27-0109 of the environmental conservation
law; ENVIRONMENTAL JUSTICE PROGRAMS, PROJECTS AND GRANTS; and for the
development of the pesticide sales and use data base [in conjunction
S. 6408--A 112 A. 9008--A
with Cornell University] pursuant to title twelve of article thirty-
three of the environmental conservation law.
S 3. Subdivision 6 of section 92-s of the state finance law is amended
by adding a new paragraph (f) to read as follows:
(F) MONEYS FROM THE CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT
SHALL BE AVAILABLE, PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF
APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET, FOR PROGRAMS AND
PROJECTS TO REDUCE GREENHOUSE GASSES; FOR THE DEVELOPMENT, UPDATING OR
REVISION OF LOCAL WATERFRONT REVITALIZATION PLANS PURSUANT TO TITLE
ELEVEN OF ARTICLE FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW TO
ADAPT FOR CLIMATE CHANGE, OR FOR OTHER PLANNING UNDERTAKEN TO IMPROVE
RESILIENCY FROM IMPACTS OF CLIMATE CHANGE; FOR SMART GROWTH PROGRAMS;
AND FOR ADAPTIVE INFRASTRUCTURE, INCLUDING GRANTS PURSUANT TO THE
CLIMATE SMART COMMUNITIES PROGRAM; RESILIENCY PLANTING PROJECTS; THE
CLIMATE RESILIENT FARMS PROGRAM; STATE VULNERABILITY ASSESSMENTS; AND
PROGRAMS AND PROJECTS TO IMPLEMENT AND COMPLY WITH THE PROVISIONS OF
CHAPTER THREE HUNDRED FIFTY-FIVE OF THE LAWS OF TWO THOUSAND FOURTEEN,
KNOWN AS THE "COMMUNITY RISK AND RESILIENCY ACT".
S 4. Section 54-1101 of the environmental conservation law, as amended
by chapter 309 of the laws of 1996, subdivisions 1 and 5 as amended by
chapter 355 of the laws of 2014, is amended to read as follows:
S 54-1101. Local waterfront revitalization programs.
1. The secretary is authorized to provide on a competitive basis,
within amounts appropriated, state assistance payments AND/OR TECHNICAL
ASSISTANCE to municipalities toward the [cost] DEVELOPMENT of any local
waterfront revitalization program, including planning projects to miti-
gate future physical climate risks. Eligible costs include planning,
studies, preparation of local laws, and construction projects.
2. State assistance payments AND/OR TECHNICAL ASSISTANCE shall not
exceed fifty percent of the cost of the program, EXCEPT WHERE THE MUNI-
CIPALITY HAS A POPULATION, AS DETERMINED IN THE MOST RECENT UNITED
STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND A MEDIAN HOUSEHOLD
INCOME OF LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE
STATEWIDE MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT UNITED STATES
CENSUS, OR AS OTHERWISE DETERMINED BY REGULATION PROMULGATED BY THE
DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE FUTURE PHYS-
ICAL CLIMATE RISKS, IN WHICH CASE STATE ASSISTANCE PAYMENTS AND/OR TECH-
NICAL ASSISTANCE SHALL NOT EXCEED NINETY PERCENT OF THE COST OF THE
PROGRAM. For the purpose of determining the amount of state assistance
payments, costs shall not be more than the amount set forth in the
application for state assistance payments approved by the secretary. The
state assistance payments shall be paid on audit and warrant of the
state comptroller on a certificate of availability of the director of
the budget.
3. THE SECRETARY IS AUTHORIZED TO PROVIDE ON A NONCOMPETITIVE BASIS,
WITHIN AMOUNTS APPROPRIATED, STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL
ASSISTANCE TOWARD THE DEVELOPMENT OF PLANNING PROJECTS TO MITIGATE
FUTURE PHYSICAL CLIMATE RISKS TO MUNICIPALITIES THAT HAVE BEEN AWARDED
STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL ASSISTANCE UNDER SUBDIVISION
ONE OF THIS SECTION. SUCH PAYMENTS MAY BE USED FOR UPDATES DESIGNED TO
MITIGATE FUTURE PHYSICAL CLIMATE RISKS.
4. The secretary shall have the power to approve vouchers for payments
pursuant to an approved contract.
[4.] 5. No moneys shall be expended as authorized by this section
except pursuant to an appropriation therefor.
S. 6408--A 113 A. 9008--A
[5.] 6. The secretary shall impose such contractual requirements and
conditions upon any municipality which receives state assistance
payments pursuant to this article as may be necessary and appropriate to
ensure that a public benefit shall accrue from the use of such funds by
the municipality including but not limited to, a demonstration that
future physical climate risk due to sea level rise, and/or storm surges
and/or flooding, based on available data predicting the likelihood of
future extreme weather events, including hazard risk analysis data if
applicable, has been considered.
S 5. Section 912 of the executive law is amended by adding a new
subdivision 17 to read as follows:
17. TO ENCOURAGE STATE AGENCIES AND LOCAL GOVERNMENTS TO CONSIDER
PHYSICAL CLIMATE RISKS IN PLANNING AND DEVELOPMENT EFFORTS.
S 6. Subdivision 1 of section 918 of the executive law, as added by
chapter 840 of the laws of 1981, is amended to read as follows:
1. The secretary may enter into a contract or contracts for grants OR
PAYMENTS to be made, within the limits of any appropriations therefor,
for the following:
a. To any local governments, or to two or more local governments, for
projects approved by the secretary which lead to preparation of a water-
front revitalization program; provided, however, that such grants OR
PAYMENTS shall not exceed fifty percent of the approved cost of such
projects, EXCEPT WHERE EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETER-
MINED IN THE MOST RECENT UNITED STATES CENSUS, OF UNDER THREE HUNDRED
THOUSAND AND A MEDIAN HOUSEHOLD INCOME OF LESS THAN OR EQUAL TO ONE
HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR
THE MOST RECENT UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY
REGULATION PROMULGATED BY THE DEPARTMENT OF STATE, OR FOR PLANNING
PROJECTS TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE SUCH
GRANTS OR PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED COST
OF SUCH PROJECTS;
b. TO SERVICE PROVIDERS, ON BEHALF OF AND IN CONSULTATION WITH ANY
LOCAL GOVERNMENTS OR TWO OR MORE LOCAL GOVERNMENTS, FOR PROJECTS
APPROVED BY THE SECRETARY WHICH LEAD TO PREPARATION OF A WATERFRONT
REVITALIZATION PROGRAM; HOWEVER, THAT SUCH GRANTS OR PAYMENTS SHALL NOT
EXCEED FIFTY PERCENT OF THE APPROVED COST OF SUCH PROJECTS, EXCEPT WHERE
EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETERMINED IN THE MOST RECENT
UNITED STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND A MEDIAN
HOUSEHOLD INCOME OF LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE
PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT
UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY REGULATION PROMUL-
GATED BY THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE
FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE SUCH GRANTS OR PAYMENTS
SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED COST OF SUCH PROJECTS;
C. To any local government or local government agency for research,
design, and other activities which serve to facilitate construction
projects provided for in an approved waterfront revitalization program;
provided, however, that such grants or payments shall not exceed ten
percent of the estimated cost of such construction project.
S 7. This act shall take effect immediately.
PART V
Section 1. Subdivision 3 of section 79-b of the navigation law, as
amended by section 1 of part D of chapter 109 of the laws of 2010, is
amended to read as follows:
S. 6408--A 114 A. 9008--A
3. The amount of state aid to be allocated to eligible governmental
entities pursuant to this article shall be determined by the commission-
er as hereinafter provided. The commissioner shall determine the
percentage proportion which the authorized expenditures of each individ-
ual entity, not exceeding four hundred thousand dollars for each county
including municipalities therein, shall bear to the total authorized
expenditures of all entities. Such percentage proportion shall then be
applied against an amount equal to one-half of the total of the amount
received by the state in each preceding program year in vessel registra-
tion fees as provided in section twenty-two hundred fifty-one of the
vehicle and traffic law, less no more than thirty percent, subject to
appropriation, which may be used by the commissioner and the commission-
er of motor vehicles for administrative costs of the program, including
training and equipment, and by the department of environmental conserva-
tion, the division of state police and other state agencies, subject to
the approval of the commissioner, for the purposes of this article, plus
the entire amount received pursuant to subdivision nine of section
forty-four of this chapter. The amount thus determined shall constitute
the maximum amount of state aid to which each such entity shall be enti-
tled; provided, however, that no entity shall receive state aid in an
amount in excess of [fifty] TWENTY-FIVE percent of its authorized
expenditures as approved by the commissioner for such program year. The
commissioner shall certify to the comptroller the amount thus determined
for each eligible local governmental entity as the amount of state aid
to be apportioned to such eligible local governmental entity. The allo-
cation of state aid to any county, town or village within the Lake
George park shall not be reduced because of the allocation of state aid
to the Lake George park commission. Of the remaining funds received by
the state for the registration of vessels as provided in section twen-
ty-two hundred fifty-one of the vehicle and traffic law, no less than
six percent shall be made available to the commissioner for the expenses
of the office in providing navigation law enforcement training and
administering the provisions of this section.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through V of this act shall be
as specifically set forth in the last section of such Parts.