S06609 Summary:

BILL NOS06609B
 
SAME ASSAME AS UNI. A09709-C
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation which are necessary to implement the Transportation, Economic Development and Environmental Conservation Budget; relates to diesel emissions reduction; extends provisions enabling the commissioner of transportation to establish a single audit pilot program (Part E); provides for the mailing of suspension and revocation orders (Part K); relates to the effectiveness of provisions of law relating to NYS higher education matching grant program for independent colleges (Part M); creates small business revolving loan fund (Part N); relates to powers of the NYSUDC to make loans (Part P); relates to licensing, identification and control of dogs (Part T); authorizes the department of health to finance certain activities with revenues generated from assessment on cable television companies (Part V); relates to the community block grant services program and extends provisions of law relating to such program (Part Y); authorizes and directs the NYS energy research and development authority to make a payment to the general fund (Part BB); authorizes and directs the NYS energy research and development authority to finance a portion of its research, development and demonstration, and policy and planning programs from assessment on gas and electric corporations (Part CC); relates to waste tire management and recycling fees (Part DD); establishes a bus rapid transit demonstration program to restrict the use of bus lanes by means of bus lane photo devices (Part II); transfers powers and duties of the Genesee Valley regional market authority to the NYSUDC (Part JJ); relates to shared service initiatives of the division of the lottery and the racing and wagering board (Part LL); creates the excelsior jobs program (Part MM); relates to critical transportation choices for the state (Part OO).
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S06609 Actions:

BILL NOS06609B
 
01/19/2010REFERRED TO FINANCE
02/17/2010AMEND (T) AND RECOMMIT TO FINANCE
02/17/2010PRINT NUMBER 6609A
06/18/2010AMEND (T) AND RECOMMIT TO FINANCE
06/18/2010PRINT NUMBER 6609B
06/21/2010REPORTED AND COMMITTED TO RULES
06/21/2010ORDERED TO THIRD READING CAL.1064
06/21/2010SUBSTITUTED BY A9709C
 A09709 AMEND=C Budget
 01/19/2010referred to ways and means
 02/17/2010amend and recommit to ways and means
 02/17/2010print number 9709a
 03/24/2010amend and recommit to ways and means
 03/24/2010print number 9709b
 06/18/2010amend (t) and recommit to ways and means
 06/18/2010print number 9709c
 06/18/2010reported referred to rules
 06/18/2010reported
 06/18/2010rules report cal.225
 06/18/2010ordered to third reading rules cal.225
 06/18/2010message of necessity - 3 day message
 06/18/2010passed assembly
 06/18/2010delivered to senate
 06/18/2010REFERRED TO FINANCE
 06/21/2010SUBSTITUTED FOR S6609B
 06/21/20103RD READING CAL.1064
 06/21/2010PASSED SENATE
 06/21/2010RETURNED TO ASSEMBLY
 06/21/2010delivered to governor
 06/22/2010signed chap.59
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S06609 Memo:

Memo not available
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S06609 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6609--B                                            A. 9709--C
 
                SENATE - ASSEMBLY
 
                                    January 19, 2010
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered

          reprinted as amended and recommitted to said committee
 
        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee  on  Ways  and  Means -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT Intentionally omitted (Part A); Intentionally omitted  (Part  B);
          to amend the environmental conservation law, in relation to the diesel
          emissions  reduction  act (Part C); Intentionally omitted (Part D); to
          amend chapter 279 of the laws of 1998 amending the transportation  law
          relating to enabling the commissioner of transportation to establish a

          single  audit  pilot program, in relation to extending such provisions
          (Part E); Intentionally omitted (Part F); Intentionally omitted  (Part
          G);  Intentionally  omitted  (Part H); Intentionally omitted (Part I);
          Intentionally omitted (Part J); to amend the vehicle and traffic  law,
          in  relation  to the mailing of suspension and revocation orders (Part
          K); Intentionally omitted (Part L); to amend chapter 57 of the laws of
          2005 amending the labor law and  other  laws  implementing  the  state
          fiscal  plan for the 2005-2006 state fiscal year, relating to New York
          state  higher  education  matching  grant  program   for   independent
          colleges,  in relation to the effectiveness thereof (Part M); to amend
          the New York state urban development corporation act, in  relation  to
          creating  a small business revolving loan fund (Part N); Intentionally

          omitted (Part O); to amend chapter 393 of the laws  of  1994  amending
          the  New  York state urban development corporation act relating to the
          powers of the New York state urban  development  corporation  to  make
          loans,  in  relation  to  the  effectiveness  thereof (Part P); Inten-
          tionally omitted (Part Q);  Intentionally  omitted  (Part  R);  Inten-
          tionally  omitted  (Part S); to amend the agriculture and markets law,
          the general municipal law, the administrative code of the city of  New
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12673-07-0

        S. 6609--B                          2                         A. 9709--C
 

          York  and  chapter  115  of  the  laws  of 1894 relating to the better
          protection of lost and strayed animals and for securing the rights  of
          owners thereof, in relation to animal population control; to amend the
          state  finance law, in relation to the animal population control fund;
          and to repeal certain provisions of the agriculture  and  markets  law
          relating  to animal population control (Part T); Intentionally omitted
          (Part U); to authorize the department of  health  to  finance  certain
          activities  with  revenues generated from an assessment on cable tele-
          vision companies (Part V);  Intentionally  omitted  (Part  W);  Inten-
          tionally  omitted (Part X); to amend the executive law, in relation to
          the community services block grant program and to amend chapter 728 of
          the laws of 1982 and chapter 710 of the  laws  of  1983  amending  the

          executive  law relating to the community services block grant program,
          in relation to extending such program for one year  (Part  Y);  Inten-
          tionally omitted (Part Z); Intentionally omitted (Part AA); to author-
          ize  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  BB); to authorize the New York state energy research and devel-
          opment authority to finance a portion of its research, development and
          demonstration and policy and planning programs from assessments on gas
          and electric  corporations  (Part  CC);  to  amend  the  environmental
          conservation  law and the state finance law, in relation to waste tire
          management and recycling fees (Part DD); Intentionally  omitted  (Part
          EE); Intentionally omitted (Part FF); Intentionally omitted (Part GG);

          Intentionally  omitted (Part HH); to amend the vehicle and traffic law
          and the public officers law, in relation to establishing a  bus  rapid
          transit  demonstration  program  to  restrict  the use of bus lanes by
          means of bus lane photo devices; and providing for the repeal of  such
          provisions  upon  expiration  thereof  (Part  II); to amend the public
          authorities law, in relation to the purposes and powers of the Genesee
          Valley Regional Market  Authority  (Part  JJ);  Intentionally  omitted
          (Part  KK);  relating to shared service initiatives of the division of
          the lottery and the racing and wagering board (Part LL); to amend  the
          economic  development law and the tax law, in relation to creating the
          excelsior jobs program (Part MM); to amend the public authorities law,
          in relation to the amount of bonds, notes or other obligations  issued

          by  the  metropolitan  transportation authority, the Triborough bridge
          and tunnel authority and the New York  city  transit  authority  (Part
          NN);  and to amend the legislative law, in relation to critical trans-
          portation choices for the state (Part OO)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to implement the state fiscal plan for the 2010-2011
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified as Parts A through OO. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-

     7  ing the effective date of the Part, which makes a reference to a section
     8  "of  this  act", when used in connection with that particular component,
     9  shall be deemed to mean and refer to the corresponding  section  of  the
    10  Part  in  which  it  is  found. Section three of this act sets forth the
    11  general effective date of this act.

        S. 6609--B                          3                         A. 9709--C
 
     1                                   PART A
 
     2    Intentionally omitted.
 
     3                                   PART B
 
     4    Intentionally omitted.
 
     5                                   PART C
 
     6    Section  1. Subdivisions 5, 6 and 7 of section 19-0323 of the environ-
     7  mental conservation law are renumbered subdivisions 6, 7 and 8 and a new
     8  subdivision 5 is added to read as follows:

     9    5. In addition to any waiver which may be issued pursuant to  subdivi-
    10  sion  four  of  this  section,  the department shall issue a waiver to a
    11  state agency, a state or regional public authority, or a person  operat-
    12  ing  any  diesel-powered heavy duty vehicle on behalf of a state agency,
    13  state or regional public authority, upon a request in a form  acceptable
    14  to  the department for a waiver from the provisions of subdivision three
    15  of this section for a vehicle engine provided that such  vehicle  engine
    16  will  cease  to be used in the state on or before December thirty-first,
    17  two thousand thirteen. Any waiver issued pursuant  to  this  subdivision
    18  shall  expire when a state agency, a state or regional public authority,

    19  or a person operating any diesel-powered heavy duty vehicle on behalf of
    20  a state agency, state or regional public authority  ceases  to  use  the
    21  engine  in the state but not later than December thirty-first, two thou-
    22  sand thirteen.
    23    § 2. This act shall take effect immediately.
 
    24                                   PART D
 
    25    Intentionally omitted.
 
    26                                   PART E
 
    27    Section 1. Section 2 of chapter 279 of the laws of 1998, amending  the
    28  transportation  law relating to enabling the commissioner of transporta-
    29  tion to establish a single audit pilot program, as amended by section  1
    30  of  part  A  of  chapter  59  of the laws of 2009, is amended to read as
    31  follows:
    32    § 2. This act shall take effect on December 31, 1998, except that  the

    33  commissioner  of  transportation is immediately authorized to promulgate
    34  rules and regulations necessary for the implementation of this  act  and
    35  shall expire December 31, [2010] 2011 when upon such date the provisions
    36  of this act shall be deemed repealed.
    37    § 2. This act shall take effect immediately.
 
    38                                   PART F
 
    39    Intentionally omitted.
 
    40                                   PART G
 
    41    Intentionally omitted.
 
    42                                   PART H

        S. 6609--B                          4                         A. 9709--C
 
     1    Intentionally omitted.
 
     2                                   PART I
 
     3    Intentionally omitted.
 
     4                                   PART J
 
     5    Intentionally omitted.
 
     6                                   PART K
 

     7    Section  1.  Section 214 of the vehicle and traffic law, as amended by
     8  chapter 568 of the laws of 1994, is amended to read as follows:
     9    § 214. Proof of mailing of notice or order. The production of  a  copy
    10  of  a  notice  or order issued by the department, together with an elec-
    11  tronically-generated record of entry of such order or  notice  upon  the
    12  appropriate  driver's license or registration file of the department and
    13  an affidavit by an employee designated by  the  commissioner  as  having
    14  responsibility  for  the  issuance of such order or notice issued by the
    15  department setting forth the procedure for the issuance and the  mailing
    16  of  such  notice or order at the address of such person on file with the
    17  department or at the current  address  provided  by  the  United  States

    18  postal service shall be presumptive evidence that such notice of suspen-
    19  sion,  revocation  or  order  was produced and mailed in accordance with
    20  such procedures. The foregoing procedure shall not preclude the  use  of
    21  an  affidavit  of  service by mail, a certificate of mailing or proof of
    22  certified or registered mail as proof of mailing of any  such  order  or
    23  notice.
    24    §  2. Paragraph (b) of subdivision 3 of section 226 of the vehicle and
    25  traffic law, as added by chapter 607 of the laws of 1993, is amended  to
    26  read as follows:
    27    (b) Failure to answer or appear in accordance with the requirements of
    28  this  section  and any regulations promulgated hereunder shall be deemed
    29  an admission to the violation as charged, and an appropriate  order  may
    30  be  entered  in the department's records, and a fine consistent with the

    31  provisions of this chapter and regulations of the  commissioner  may  be
    32  imposed  by  the  commissioner or person designated by the commissioner.
    33  Prior to entry of an order and imposition of a  fine,  the  commissioner
    34  shall  notify  such person by mail at the address of such person on file
    35  with the department or at the current address  provided  by  the  United
    36  States postal service in accordance with section two hundred fourteen of
    37  this  chapter: (i) of the violation charged; (ii) of the impending entry
    38  of such order and fine; (iii) that such order and fine may be filed as a
    39  judgment with the county clerk of the county in which  the  operator  or
    40  registrant  is located; and (iv) that entry of such order and imposition
    41  of such fine may be avoided by entering a plea or making  an  appearance
    42  within  thirty days of the sending of such notice. In no case shall such

    43  an order and fine be entered and imposed more than two years  after  the
    44  date  of the alleged violation. Upon application in such manner and form
    45  as the commissioner shall prescribe an order and fine shall  be  vacated
    46  upon the ground of excusable default.
    47    §  3.  Paragraph  b of subdivision 4 of section 227 of the vehicle and
    48  traffic law, as amended by chapter 221 of the laws of 1985, such  subdi-
    49  vision  as  renumbered by chapter 288 of the laws of 1989, is amended to
    50  read as follows:

        S. 6609--B                          5                         A. 9709--C
 
     1    b. Unpaid fines may be recovered by the commissioner in a civil action
     2  in the name of the commissioner. In addition, as an alternative to  such
     3  civil  action,  and provided that no appeal is pending, the commissioner

     4  may file with the county clerk of the county in which the person resides
     5  a  final  order of the commissioner containing the amount of the fine or
     6  fines. The filing of such final order shall  have  the  full  force  and
     7  effect  of  a judgment duly docketed in the office of such clerk and may
     8  be enforced in the same manner and with the same effect as that provided
     9  by law in respect to execution issued against property upon judgments of
    10  a court of record. No such civil action shall  be  commenced  nor  shall
    11  such  final  order be filed until at least thirty days after the depart-
    12  ment has posted by ordinary mail to the person at the  address  of  such
    13  person on file with the department or at the current address provided by
    14  the  United  States  postal service notice of the amount of such fine or
    15  fines and that such fine or fines are due and owing.

    16    § 4. Subdivision 6 of section 318 of the vehicle and  traffic  law  is
    17  amended to read as follows:
    18    6.  Notice  of revocation pursuant to this section may be given to the
    19  owner of a vehicle registered in this state or to a driver  licensed  in
    20  this state, by mailing the same to such owner or licensee at the address
    21  contained  in  the  certificate of registration for the vehicle owned by
    22  such person or to the address contained  [in]  on  his  or  her  driving
    23  license  or  to the current address provided by the United States postal
    24  service.
    25    § 5. Subdivision 7 of section 510 of the vehicle and traffic  law,  as
    26  amended  by  chapter  606  of  the  laws  of 1993, is amended to read as
    27  follows:
    28    7. Miscellaneous provisions. Except as  expressly  provided,  a  court

    29  conviction shall not be necessary to sustain a revocation or suspension.
    30  Revocation or suspension hereunder shall be deemed an administrative act
    31  reviewable by the supreme court as such. Notice of revocation or suspen-
    32  sion, as well as any required notice of hearing, where the holder is not
    33  present,  may  be  given by mailing the same in writing to him or her at
    34  the address contained in his or her license [or], certificate of  regis-
    35  tration  or  at the current address provided by the United States postal
    36  service, as the case may be. Proof of such mailing by certified mail  to
    37  the  holder  shall  be  presumptive evidence of the holder's receipt and
    38  actual  knowledge  of  such  notice.  Attendance  of  witnesses  may  be
    39  compelled  by  subpoena.  Failure  of  the  holder  or  any other person

    40  possessing the license card or number plates, to deliver the same to the
    41  suspending or revoking officer is a misdemeanor. Suspending or  revoking
    42  officers shall place such license cards and number plates in the custody
    43  of  the  commissioner  except  where  the  commissioner  shall otherwise
    44  direct. If any person shall fail to deliver a  license  card  or  number
    45  plates as provided herein, any police officer, bridge and tunnel officer
    46  of  the  Triborough bridge and tunnel authority, or agent of the commis-
    47  sioner having knowledge of such facts shall have  the  power  to  secure
    48  possession  thereof  and  return  the  same to the commissioner, and the
    49  commissioner may forthwith direct any police officer, bridge and  tunnel
    50  officer  of  the Triborough bridge and tunnel authority, acting pursuant
    51  to his or her special duties, or agent of  the  commissioner  to  secure

    52  possession  thereof  and to return the same to the commissioner. Failure
    53  of the holder or of any person possessing the  license  card  or  number
    54  plates  to  deliver  to any police officer, bridge and tunnel officer of
    55  the Triborough bridge and tunnel authority, or agent of the commissioner
    56  who requests the same pursuant to this subdivision shall be a  misdemea-

        S. 6609--B                          6                         A. 9709--C
 
     1  nor.   Notice of revocation or suspension of any license or registration
     2  shall be transmitted forthwith by the commissioner [of  motor  vehicles]
     3  to the chief of police of the city or prosecuting officer of the locali-
     4  ty  in  which  the  person  whose  license or registration so revoked or
     5  suspended resides. In case any  license  or  registration  shall  expire

     6  before the end of any period for which it has been revoked or suspended,
     7  and before it shall have been restored as provided in this chapter, then
     8  and  in  that event any renewal thereof may be withheld until the end of
     9  such period of suspension or until restoration, as the case may be.
    10    The revocation of a learner's permit shall  automatically  cancel  the
    11  application for a license of the holder of such permit.
    12    No suspension or revocation of a license or registration shall be made
    13  because  of a judgment of conviction if the suspending or revoking offi-
    14  cer is satisfied that the magistrate who pronounced the judgment  failed
    15  to comply with subdivision one of section eighteen hundred seven of this
    16  chapter.  In  case  a  suspension  or  revocation  has been made and the
    17  commissioner is satisfied that there was such failure, [he] the  commis-

    18  sioner shall restore the license or registration or both as the case may
    19  be.
    20    § 6. This act shall take effect immediately.
 
    21                                   PART L
 
    22    Intentionally omitted.
 
    23                                   PART M
 
    24    Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
    25  chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
    26  implementing  the state fiscal plan for the 2005-2006 state fiscal year,
    27  relating to the New York state higher education capital  matching  grant
    28  program  for  independent  colleges,  as added by section 1 of part D of
    29  chapter 63 of the laws of 2005, is amended to read as follows:
    30    (a) The New York state higher education capital matching  grant  board
    31  is  hereby  created to have and exercise the powers, duties and preroga-

    32  tives provided by the provisions of this section and any other provision
    33  of law. The board shall remain in existence during the period of the New
    34  York state higher education capital  matching  grant  program  from  the
    35  effective  date  of  this  section through March 31, [2010] 2011, or the
    36  date on which the last of the funds  available  for  grants  under  this
    37  section  shall  have  been  disbursed,  whichever  is earlier; provided,
    38  however, that the termination of the existence of the  board  shall  not
    39  effect the power and authority of the dormitory authority to perform its
    40  obligations  with  respect  to  any  bonds, notes, or other indebtedness
    41  issued or incurred pursuant to authority granted in this section.
    42    § 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
    43  57  of the laws of 2005 amending the labor law and other laws implement-

    44  ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
    45  to  New York state higher education matching grant program for independ-
    46  ent colleges, as added by section 1 of part D of chapter 63 of the  laws
    47  of 2005, is amended to read as follows:
    48    (h)  If  a college [does] did not apply for a potential grant by March
    49  31, 2009, funds associated with such potential grant shall  be  awarded,
    50  on  a  competitive basis, to other colleges, according to the priorities
    51  set forth below. Colleges shall be  eligible  to  apply  for  unutilized
    52  grants.    In  such  cases, the following priorities shall apply: first,

        S. 6609--B                          7                         A. 9709--C
 
     1  priority shall be given to otherwise eligible colleges that either were,

     2  or would have been, deemed ineligible for the program prior to March 31,
     3  2009, due to missed deadlines,  insufficient  matching  funds,  lack  of
     4  accreditation  or  other  disqualifying  reasons;  and second, after the
     5  board has acted upon all such  first-priority  applications  for  unused
     6  funds,  if  any  such  funds  remain, those funds shall be available for
     7  distribution to eligible colleges  that  are  located  within  the  same
     8  Regents  of  the  State  of  New  York  region for which such funds were
     9  originally allocated. The dormitory authority shall  develop  a  request
    10  for  proposals  and application process, in consultation with the board,
    11  for such grants and shall develop criteria, subject  to  review  by  the

    12  board,  for the awarding of such grants. Such criteria shall incorporate
    13  the matching criteria contained in paragraph (c)  of  this  subdivision,
    14  and the application criteria set forth in paragraph (e) of this subdivi-
    15  sion. The dormitory authority shall require all applications in response
    16  to  the  request  for  proposals  to be submitted by September 1, [2009]
    17  2010, and the board shall act on  each  application  for  such  matching
    18  grants by November 1, [2009] 2010.
    19    § 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
    20  section 1 of part U of chapter 57 of the laws of 2005 amending the labor
    21  law  and other laws implementing the state fiscal plan for the 2005-2006
    22  state fiscal year, relating to New York state higher education  matching
    23  grant  program for independent colleges, as added by section 1 of part D

    24  of chapter 63 of the laws of 2005, is amended to read as follows:
    25    (A) Notwithstanding the provision of any general or special law to the
    26  contrary, and subject to the provisions of chapter 59  of  the  laws  of
    27  2000 and to the making of annual appropriations therefor by the legisla-
    28  ture, in order to assist the dormitory authority in providing such high-
    29  er  education  capital  matching  grants,  the director of the budget is
    30  authorized in any state fiscal year commencing  April  1,  2005  or  any
    31  state  fiscal  year  thereafter  for a period ending on March 31, [2010]
    32  2011, to enter into one or more service contracts, none of  which  shall
    33  exceed  30  years  in  duration, with the dormitory authority, upon such
    34  terms as the director of the budget and the dormitory authority agree.
    35    § 4. Paragraph (b) of subdivision 7 of section 1 of part U of  chapter

    36  57  of the laws of 2005 amending the labor law and other laws implement-
    37  ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
    38  to  New York state higher education matching grant program for independ-
    39  ent colleges, as added by section 1 of part D of chapter 63 of the  laws
    40  of 2005, is amended to read as follows:
    41    (b)  Any eligible institution receiving a grant pursuant to this arti-
    42  cle shall report to the dormitory authority no later than June 1, [2008]
    43  2011, on the use of funding received and its programmatic  and  economic
    44  impact.  The  dormitory  authority  shall  submit a report no later than
    45  November 1, [2008] 2011 to the board, the governor, the director of  the
    46  budget,  the  temporary  president of the senate, and the speaker of the
    47  assembly on the aggregate impact of the higher education capital  match-

    48  ing grant program. Such report shall provide information on the progress
    49  and economic impact of [each] such project.
    50    §  5.  This  act  shall take effect immediately and shall be deemed to
    51  have been in full force and effect on and after April 1, 2010.
 
    52                                   PART N

        S. 6609--B                          8                         A. 9709--C
 
     1    Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
     2  the  New  York  state  urban  development corporation act, is amended by
     3  adding a new section 16-t to read as follows:
     4    §  16-t.  Small  business  revolving  loan fund. 1. The small business
     5  revolving loan fund  program  is  hereby  created.  The  corporation  is
     6  authorized,  within  available  appropriations,  to provide low interest

     7  loans to community  development  financial  institutions,  in  order  to
     8  provide  funding  for  those lending organizations' loans to small busi-
     9  nesses, located within New York state, that generate economic growth and
    10  job creation within New  York  state  but  that  are  unable  to  obtain
    11  adequate  credit or adequate terms for such credit. If in the discretion
    12  of the corporation the use of a community development financial institu-
    13  tion is not practicable based upon the application of  rules  and  regu-
    14  lations  developed  by  the  corporation, including, but not limited to,
    15  assessments of geographic and administrative capacity, then  the  corpo-
    16  ration  is  authorized,  within available appropriations, to provide low

    17  interest loans to the following  other  local  community  based  lending
    18  organizations:  small  business lending consortia, certified development
    19  companies, providers of United States department of agriculture business
    20  and industrial guaranteed loans, United States small  business  adminis-
    21  tration  loan  providers, credit unions and community banks.  As used in
    22  this section "small business" means a business that is resident  in  New
    23  York state, independently owned and operated, not dominant in its field,
    24  and employs one hundred or fewer persons.
    25    2.  In  order  for  a  lending  organization to be eligible to receive
    26  program funds, it must have established sufficient expertise to  analyze

    27  small  business  applications for program loans, evaluate the creditwor-
    28  thiness of small businesses, and regularly monitor  program  loans.  The
    29  lending  organization  shall  review  every  program loan application in
    30  order to determine, among other things, the feasibility of the  proposed
    31  use  of  the  requested  financing  by the small business applicant, the
    32  likelihood of repayment and the potential that the  loan  will  generate
    33  economic  development  and  jobs  within New York state. The corporation
    34  shall identify  eligible  lending  organizations  through  one  or  more
    35  competitive statewide or local solicitations.
    36    3. Program loans to small businesses shall be targeted and marketed to

    37  minority and women-owned enterprises and other small businesses that are
    38  having  difficulty  accessing traditional credit markets.  Program loans
    39  to small businesses shall be used for  the  creation  and  retention  of
    40  jobs,  as  defined  by the corporation, including:  (a) working capital;
    41  (b) the acquisition and/or improvement of real property; (c) the  acqui-
    42  sition  of  machinery and equipment, property or improvement; or (d) the
    43  refinancing of debt obligations. There shall be two categories of  loans
    44  to  small  businesses:  a  micro loan that shall have a principal amount
    45  that is less than twenty-five thousand dollars and a regular  loan  that
    46  shall  have  a  principal  amount  not  less  than  twenty-five thousand

    47  dollars. Prior to receiving program funds, the lending organization must
    48  certify to the corporation that such loan complies with this section and
    49  rules and regulations promulgated for the program and that  the  lending
    50  organization has performed its obligations pursuant to and is in compli-
    51  ance with this section, the program rules and regulations and all agree-
    52  ments entered into between the corporation and the lending organization.
    53  The  program  funds  amount  used  by the lending organization to fund a
    54  program applicant loan shall not be more than fifty percent of the prin-
    55  cipal amount of such loan.  The program funds amount used by the lending

        S. 6609--B                          9                         A. 9709--C
 

     1  organization to fund a program applicant loan shall not be greater  than
     2  one hundred and twenty-five thousand dollars.
     3    4. Program funds shall not be used for: (a) projects that would result
     4  in the relocation of any business operation from one municipality within
     5  the  state to another, except under one of the following conditions: (i)
     6  when a business is relocating within a municipality with a population of
     7  at least one million where  the  governing  body  of  such  municipality
     8  approves such relocation; or (ii) the lending organization notifies each
     9  municipality  from  which  such business operation will be relocated and
    10  each municipality agrees to such relocation; (b) projects of newspapers,

    11  broadcasting or other news media; medical facilities, libraries,  commu-
    12  nity  or  civic  centers; or public infrastructure improvements; and (c)
    13  providing funds, directly or indirectly, for payment,  distribution,  or
    14  as a loan, to owners, members, partners or shareholders of the applicant
    15  business, except as ordinary income for services rendered.
    16    5.  With  respect  to  its program loans, the lending organization may
    17  charge application, commitment and loan guarantee  fees  pursuant  to  a
    18  schedule of fees adopted by the lending organization and approved by the
    19  corporation.
    20    6.  Program  funds shall be disbursed to a lending organization by the
    21  corporation in the form of a loan to the lending organization.  The term

    22  of the loan shall commence upon disbursement of the program funds by the
    23  corporation to the lending organization.   The loan shall  carry  a  low
    24  interest  rate  determined  by  the corporation based on then prevailing
    25  interest rates  and  the  circumstances  of  the  lending  organization.
    26  Notwithstanding  the performance of the loans made by the lending organ-
    27  ization using program  funds,  the  lending  organization  shall  remain
    28  liable  to  the  corporation with respect to any unpaid amounts due from
    29  the lending organization pursuant to  the  terms  of  the  corporation's
    30  loans  to  the lending organization.   In addition, a portion of program
    31  funds may be disbursed to a lending organization in the form of a  grant

    32  or  forgivable loan, provided those funds are used by the lending organ-
    33  ization for administrative expenses associated with the fund,  loan-loss
    34  reserves, or other eligible expenses as determined by the corporation.
    35    7.  Notwithstanding  anything  to  the  contrary  in this section, the
    36  corporation shall provide at least  five  hundred  thousand  dollars  in
    37  program  funds pursuant to this section to lending organizations for the
    38  purpose of making loans to small business located in Niagara county.
    39    8. Notwithstanding anything to  the  contrary  in  this  section,  the
    40  corporation  shall  provide  at  least  five hundred thousand dollars in
    41  program funds pursuant to this section to lending organizations for  the

    42  purpose  of making loans to small business located in St. Lawrence coun-
    43  ty.
    44    9. Notwithstanding anything to  the  contrary  in  this  section,  the
    45  corporation  shall  provide  at  least  five hundred thousand dollars in
    46  program funds pursuant to this section to lending organizations for  the
    47  purpose of making loans to small business located in Erie county.
    48    10.  Notwithstanding  anything  to  the  contrary in this section, the
    49  corporation shall provide at least  five  hundred  thousand  dollars  in
    50  program  funds pursuant to this section to lending organizations for the
    51  purpose of making loans to small business located in Jefferson county.
    52    11. Notwithstanding any provision of law to the contrary,  the  corpo-

    53  ration  may  establish  a program fund for program use and pay into such
    54  fund any funds available to the corporation from  any  source  that  are
    55  eligible for program use, including moneys appropriated by the state.

        S. 6609--B                         10                         A. 9709--C
 
     1    12. With respect to a lending organization program loan applicants, no
     2  person  who  is  a member of the board or other governing body, officer,
     3  employee, or member of a loan committee, or a family member of any  such
     4  lending  organization shall participate in any decision on such applica-
     5  tion  if such person is a party to or has a financial or personal inter-
     6  est in such loan. Any person who cannot participate in a  loan  applica-

     7  tion  decision  for such reasons shall not be counted as a member of the
     8  loan committee, board or other governing body for purposes of  determin-
     9  ing the number of members required for approval of such application.
    10    13.  The  lending  organization shall submit to the corporation annual
    11  reports stating: the number of program loans made; the amount of program
    12  funding used for loans; the use of loan proceeds by  the  borrower;  the
    13  number of jobs created or retained; a description of the economic devel-
    14  opment  generated; the status of each outstanding program loan; and such
    15  other information as the corporation may require.
    16    14. The corporation may conduct audits of the lending organization  in

    17  order  to  ensure  compliance  with  the provisions of this section, any
    18  regulations promulgated with respect thereto and agreements between  the
    19  lending  organization  and  the corporation of all aspects of the use of
    20  program funds and program loan  transactions.  In  the  event  that  the
    21  corporation  finds substantive noncompliance, the corporation may termi-
    22  nate the lending organization's participation in the program.
    23    15. Upon termination of a lending organization's participation in  the
    24  program,  the  lending  organization  shall  return  to the corporation,
    25  promptly after its demand therefor, all program fund  proceeds  held  by
    26  the lending organization; and provide to the corporation, promptly after

    27  its  demand therefor, an accounting of all program funds received by the
    28  lending organization, including all  currently  outstanding  loans  that
    29  were  made  using  program  funds. Notwithstanding such termination, the
    30  lending organization shall remain liable to the corporation with respect
    31  to any unpaid amounts due from the lending organization pursuant to  the
    32  terms of the corporation's loans to the lending organization.
    33    §  2.  This  act  shall take effect immediately and shall be deemed to
    34  have been in full force and effect on and after April 1, 2010.
 
    35                                   PART O
 
    36    Intentionally omitted.
 
    37                                   PART P
 
    38    Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the

    39  New  York state urban development corporation act relating to the powers
    40  of the New York state urban development corporation to  make  loans,  as
    41  amended  by  section  1  of part X of chapter 59 of the laws of 2009, is
    42  amended to read as follows:
    43    § 2. This act shall take effect immediately  provided,  however,  that
    44  section  one  of  this act shall expire on July 1, [2010] 2011, at which
    45  time the provisions of subdivision 26 of section 5 of the New York state
    46  urban development corporation act shall be  deemed  repealed;  provided,
    47  however,  that neither the expiration nor the repeal of such subdivision
    48  as provided for herein shall be deemed to affect or impair in any manner
    49  any loan made pursuant to the authority of  such  subdivision  prior  to
    50  such expiration and repeal.

    51    §  2.  This  act  shall take effect immediately and shall be deemed to
    52  have been in full force and effect on and after April 1, 2010.

        S. 6609--B                         11                         A. 9709--C
 
     1                                   PART Q
 
     2    Intentionally omitted.
 
     3                                   PART R
 
     4    Intentionally omitted.
 
     5                                   PART S
 
     6    Intentionally omitted.
 
     7                                   PART T
 
     8    Section 1. Section 107 of the agriculture and markets law, as added by
     9  chapter 220 of the laws of 1978, subdivision 1 as amended by chapter 473
    10  of the laws of 1995, subdivision 3 as amended by chapter 619 of the laws
    11  of  1987  and subdivision 5 as added by chapter 530 of the laws of 1997,
    12  is amended to read as follows:

    13    § 107. Application. 1. This article shall apply to all  areas  of  the
    14  state  except  any  city having a population of over two million [except
    15  that the provisions in this article relating to  the  animal  population
    16  control program shall be applicable to the entire state].
    17    2.  In the event that any dog owned by a resident of any city having a
    18  population of over two million or by a non-resident  of  this  state  is
    19  harbored within this state outside of any such city, the licensing muni-
    20  cipality  in which such animal is harbored may exempt such dog [shall be
    21  exempt] from the identification and licensing provisions of this article
    22  for a period of thirty days provided such dog is  licensed  pursuant  to
    23  the provisions of law of the area of residence.

    24    3. This article shall not apply to any dog confined to the premises of
    25  any  public  or private hospital devoted solely to the treatment of sick
    26  animals, or confined for the purposes of research to the premises of any
    27  college or other educational or research institution.
    28    4. This article shall not apply to any dog confined to the premises of
    29  any person, firm or corporation engaged in the business of  breeding  or
    30  raising  dogs  for  profit  and  licensed  as a class A dealer under the
    31  Federal Laboratory Animal Welfare Act[, provided that such person,  firm
    32  or  corporation has obtained a certificate of exemption. Application for
    33  such certificate shall be made annually to the commissioner and shall be
    34  accompanied by a fee of one hundred dollars].
    35    5. Nothing contained in this article shall prevent a municipality from

    36  adopting its own program for the control of  dangerous  dogs;  provided,
    37  however, that no such program shall be less stringent than this article,
    38  and no such program shall regulate such dogs in a manner that is specif-
    39  ic  as  to  breed.  Notwithstanding the provisions of subdivision one of
    40  this section, this subdivision  and  [section  one  hundred  twenty-one]
    41  sections  one  hundred  twenty-three, one hundred twenty-three-a and one
    42  hundred twenty-three-b of this article shall apply to all municipalities
    43  including cities of two million or more.
    44    6. Nothing contained in this article shall be construed to prohibit  a
    45  county from administering a dog licensing program for the municipalities
    46  within its jurisdiction.
    47    §  2. Subdivision 14 of section 108 of the agriculture and markets law

    48  is REPEALED.

        S. 6609--B                         12                         A. 9709--C
 
     1    § 3. Subdivisions 3, 11, 12 and 16 of section 108 of  the  agriculture
     2  and  markets  law,  as  added  by  chapter  220 of the laws of 1978, are
     3  amended to read as follows:
     4    3.  "Clerk" means the clerk of any county, town, city or village where
     5  licenses are validated or issued pursuant to this article.
     6    11. "Identification tag" means a tag issued by the  licensing  munici-
     7  pality which sets forth an [official] identification number [as required
     8  by the provisions], together with the name of [this article] the munici-
     9  pality,  the state of New York, contact information, including telephone

    10  number, for the municipality and such other information as the licensing
    11  municipality deems appropriate.
    12    12. "Identified dog" means any dog carrying an identification  tag  as
    13  provided in section one hundred [twelve] eleven of this article.
    14    16.  "Owner of record" means the person in whose name any dog was last
    15  licensed pursuant to [either  subdivision  one  or  subdivision  two  of
    16  section one hundred nine of] this article, except that if any license is
    17  issued on application of a person under eighteen years of age, the owner
    18  of  record  shall be deemed to be the parent or guardian of such person.
    19  If it cannot be determined in whose name any dog was last licensed or if
    20  the owner of record has filed a statement pursuant to the provisions  of

    21  section  one  hundred [thirteen] twelve of this article, the owner shall
    22  be deemed to be the owner of record of such  dog,  except  that  if  the
    23  owner  is  under  eighteen  years  of  age, the owner of record shall be
    24  deemed to be the parent or guardian of such person.
    25    § 4. Section 109 of the agriculture and markets law, as added by chap-
    26  ter 220 of the laws of 1978, subdivision 1 as amended by chapter 645  of
    27  the  laws  of 1988, paragraph (a) of subdivision 1 as amended by chapter
    28  86 of the laws of 2006, paragraph (b) of subdivision  1  as  amended  by
    29  chapter 562 of the laws of 1995, paragraphs (f) and (h) of subdivision 1
    30  and  paragraphs (f) and (h) of subdivision 2 as amended by chapter 39 of
    31  the laws of 2002, paragraph (c) of subdivision 2 as amended  by  chapter
    32  180  of the laws of 2002, and subdivision 3 as amended by chapter 269 of

    33  the laws of 2005, is amended to read as follows:
    34    § 109. Licensing of dogs required;  rabies  vaccination  [requirement]
    35  required.  1. [Licensing of dogs.] (a) The owner of any dog reaching the
    36  age of four months shall immediately make application for a dog license.
    37  No  license shall be required for any dog which is under the age of four
    38  months and which is not at large, or that is  residing  in  a  pound  or
    39  shelter  maintained  by or under contract or agreement with the state or
    40  any county, city, town or village, duly  incorporated  society  for  the
    41  prevention  of  cruelty  to animals, duly incorporated humane society or
    42  duly incorporated dog  protective  association.    Except  as  otherwise
    43  provided in this subdivision, a license shall be issued or renewed for a

    44  period  of  at  least  one  year,  provided[,  that at the option of the
    45  governing board of the municipality, a license may be issued or  renewed
    46  for  a period of one, two or three years, and provided further], that no
    47  license shall be issued for a period expiring after the last day of  the
    48  eleventh  month  following  the  expiration  date  of the current rabies
    49  certificate for the dog being licensed. All licenses shall expire on the
    50  last day of the last month of the period for which they are  issued.  In
    51  the  event  an  applicant  for  a  license presents, in lieu of a rabies
    52  certificate, a  statement  certified  by  a  licensed  veterinarian,  as
    53  provided  in subdivision [three] two of this section, a license shall be
    54  issued or renewed for a period of one year from the date of said  state-

    55  ment.  Any  municipality[, authorized to issue licenses pursuant to this
    56  article, which has a population not exceeding two thousand five hundred]

        S. 6609--B                         13                         A. 9709--C
 
     1  may[, upon the approval of and pursuant to rules and regulations promul-
     2  gated by the commissioner,] establish a common renewal date for all such
     3  licenses. A license issued by a  municipality  that  has  established  a
     4  common  renewal  date shall expire no later than the common renewal date
     5  prior to the expiration date of the rabies certificate for the dog being
     6  licensed.
     7    (b) Application for a dog license shall be made to the  clerk  of  the
     8  town  [or],  city, or county or, in the counties of Nassau and Westches-

     9  ter, incorporated village in which the dog is harbored or to the village
    10  clerk of those villages in the county of Rockland with a  population  of
    11  fifteen  thousand  or  more  which  have  elected to accept applications
    12  pursuant to the provisions of this paragraph or to the village clerk  of
    13  the  village  of  Newark in the county of Wayne upon the election of the
    14  village  of  Newark  pursuant  to  the  provisions  of  this  paragraph.
    15  Provided,  however,  that in the counties of Nassau and Westchester, the
    16  board of trustees of any incorporated village may by resolution  provide
    17  that  applications  for  licenses shall no longer be made to the village
    18  clerk, but to the clerk of the town in which the  village  is  situated.
    19  [If  such  resolution is approved by the town board of the town in which
    20  the village is situated, such resolution shall become effective not less

    21  than six months after a certified copy of such resolution of the village
    22  board and of the resolution of approval of the  town  board  shall  have
    23  been  filed  with  the commissioner.] Provided further, however, that in
    24  the county of Rockland,  the  board  of  trustees  of  any  incorporated
    25  village  with a population of fifteen thousand or more may by resolution
    26  provide that application for licenses  shall  be  made  to  the  village
    27  clerk. Provided further, however, that in the county of Wayne, the board
    28  of  trustees  of  the  village  of Newark may by resolution provide that
    29  application for licenses shall be made to the village  clerk.  [If  such
    30  resolution  is  approved  by  the  town or towns in which the village is
    31  located, it shall become effective not less  than  six  months  after  a

    32  certified  copy  of  such approved resolution shall have been filed with
    33  the commissioner.] The governing body of any town or  city  or,  in  the
    34  counties of Nassau and Westchester, incorporated village or in the coun-
    35  ty  of Rockland, those villages with a population of fifteen thousand or
    36  more which have so elected to accept applications or in  the  county  of
    37  Wayne,  the  village  of Newark if such village has so elected to accept
    38  applications may, on resolution of such body, authorize that such appli-
    39  cation be made to one or more named dog control  officers  of  any  such
    40  town,  city  or village. The issuance of any license by any such officer
    41  shall be under the control and supervision of the clerk. In the case  of
    42  a  seized  dog  being  redeemed or a dog being otherwise obtained from a
    43  county animal shelter or pound, such application  may  be  made  to  the

    44  county  dog  control  officer  in charge of such facility [provided such
    45  officer has been authorized by the commissioner to accept such  applica-
    46  tions].  In the case of a dog being redeemed or a dog being adopted from
    47  a shelter or pound established, maintained or contracted  for,  pursuant
    48  to section one hundred [fifteen] fourteen of this article, such applica-
    49  tion  may be made to the manager of such facility, provided such manager
    50  has been authorized by the  [commissioner]  municipality  in  which  the
    51  prospective owner resides to accept such application. Such authorization
    52  shall be requested by the governing body of the pound or shelter and the
    53  granting  or  denial of such authorization shall be in the discretion of

    54  the [commissioner] municipality in which the prospective owner resides.
    55    (c) The application shall state the sex, actual  or  approximate  age,
    56  breed, color, and [official] municipal identification number of the dog,

        S. 6609--B                         14                         A. 9709--C
 
     1  and other identification marks, if any, and the name, address, telephone
     2  number,  county  and  town,  city  or village of residence of the owner.
     3  Municipalities may also require additional information on such  applica-
     4  tion as deemed appropriate.
     5    (d) The application shall be accompanied by the license fee prescribed
     6  by  section  one hundred ten of this article and a certificate of rabies
     7  vaccination or statement in lieu thereof,  as  required  by  subdivision

     8  [three]  two  of  this section. In the case of a spayed or neutered dog,
     9  every application shall also be accompanied by a certificate signed by a
    10  licensed veterinarian or an affidavit signed by the owner, showing  that
    11  the  dog has been spayed or neutered, provided such certificate or affi-
    12  davit shall not be required if the same is  already  on  file  with  the
    13  clerk  or  authorized dog control officer. In lieu of the spay or neuter
    14  certificate an owner may present a statement  certified  by  a  licensed
    15  veterinarian stating that he has examined the dog and found that because
    16  of  old  age or other reason, the life of the dog would be endangered by
    17  spaying or neutering. In such case, the license fee for the dog shall be
    18  the same as for a spayed or neutered dog as set forth in [paragraph  (a)

    19  of] subdivision one of section one hundred ten of this article.
    20    (e)  Upon  validation  by the clerk, authorized dog control officer or
    21  authorized pound or shelter manager,  the  application  shall  become  a
    22  license  for  the  dog  described therein. [Once an application has been
    23  validated, no refund therefor shall be made.]
    24    (f) The clerk, authorized dog control officer or authorized  pound  or
    25  shelter  manager  shall: (i) provide a copy of the license to the owner;
    26  (ii) [send, by the fifth day of the month following the month of license
    27  issuance, a copy] retain a record of the  license  that  shall  be  made
    28  available upon request to the commissioner for purposes of [the license,
    29  or  a  report of the information contained therein, to the commissioner;

    30  and (iii) retain a record of the license in the manner prescribed by the
    31  commissioner] rabies  and  other  animal  disease  control  efforts  and
    32  actions.    In  addition,  the authorized pound or shelter manager shall
    33  send, within forty-eight hours of validation, a copy of the  license  to
    34  the licensing municipality within which the dog is to be harbored.
    35    (g)  No  license shall be transferable. Upon the transfer of ownership
    36  of any dog, the new owner  shall  immediately  make  application  for  a
    37  license for such dog.
    38    (h)  Notwithstanding  the  provisions of any general, special or local
    39  law, or any rule or regulation to the contrary,  the  clerk,  authorized
    40  dog  control  officer  or authorized pound or shelter manager in munici-
    41  palities having a population of less than  one  hundred  thousand  shall

    42  [send  to  the commissioner a copy of the validated license, or a report
    43  of the information therein, by the fifth day of the month following  the
    44  month of license issuance. In addition, the authorized dog control offi-
    45  cer  or  authorized  pound  or  shelter  manager  in such municipalities
    46  shall,] within five business days after the license has been  validated,
    47  send  a  copy  of the validated license to the licensing municipality in
    48  which the dog is to be harbored.
    49    2. [Purebred license. (a) The owner  of  one  or  more  purebred  dogs
    50  registered  by  a  recognized  registry association may annually make an
    51  application for a purebred license, in lieu of or  in  addition  to  the
    52  individual licenses required by subdivision one of this section. A pure-

    53  bred  license shall be valid for a period of one year beginning with the
    54  first day of the month following the  date  of  issuance  and  shall  be
    55  renewable annually thereafter prior to the expiration date.

        S. 6609--B                         15                         A. 9709--C

     1    (b)  Such  application  shall be made to the person specified in para-
     2  graph (b) of subdivision one of this section.
     3    (c) The application shall state the name, address and telephone number
     4  of  the  owner; the county and city, town or village where such dogs are
     5  harbored; the sex, breed, registry name  and  number  of  each  purebred
     6  registered  dog  over  the  age  of four months which is harbored on the

     7  premises; and the sex and breed of each purebred dog  over  the  age  of
     8  four  months which is harbored on the premises and which is eligible for
     9  registration. The application shall also  include  a  statement  by  the
    10  owner  that  all  purebred  dogs  over  the age of four months which are
    11  harbored on the premises have been listed.
    12    (d) The application shall be accompanied by the license fee prescribed
    13  by section one hundred ten of this article and a certificate  of  rabies
    14  vaccination  or  statement  in  lieu thereof, as required by subdivision
    15  three of this section.
    16    (e) Upon receipt of the foregoing items, the clerk or  authorized  dog
    17  control  officer  shall assign a license number, which shall be reserved

    18  for the sole use of the named owner, and shall issue a purebred license.
    19  Once a purebred license has been issued, no  refund  therefor  shall  be
    20  made.
    21    (f)  The  clerk, authorized dog control officer or authorized pound or
    22  shelter manager shall: (i) provide a copy of the purebred license to the
    23  owner; (ii) send, by the fifth day of the month following the  month  of
    24  license  issuance,  a  copy  of the purebred license, or a report of the
    25  information contained therein, to the commissioner; and (iii)  retain  a
    26  record  of  the purebred license in the manner prescribed by the commis-
    27  sioner. In addition, the authorized dog control  officer  or  authorized
    28  pound  or  shelter manager shall send, within forty-eight hours of vali-

    29  dation, a copy of the license to the licensing municipality within which
    30  the dog is to be harbored.
    31    (g) No purebred license shall be transferable. Upon change  of  owner-
    32  ship of any dog licensed under a purebred license, such dog shall become
    33  subject  to the licensing provisions of subdivision one of this section,
    34  except when the new owner holds a valid purebred license.
    35    (h) Notwithstanding the provisions of any general,  special  or  local
    36  law,  or  any  rule or regulation to the contrary, the clerk, authorized
    37  dog control officer or authorized pound or shelter  manager  in  munici-
    38  palities  having  a  population  of less than one hundred thousand shall
    39  send to the commissioner a copy of the validated license, or a report of

    40  the information contained therein, by the fifth day of the month follow-
    41  ing the month of license  issuance.  In  addition,  the  authorized  dog
    42  control  officer  or authorized pound or shelter manager in such munici-
    43  palities shall, within five business days after  the  license  has  been
    44  validated, send a copy of the validated license to the licensing munici-
    45  pality within which the dog is to be harbored.
    46    3.  The  clerk,  authorized dog control officer or authorized pound or
    47  shelter manager, at the time of issuing any  license  pursuant  to  this
    48  article, shall require the applicant to present a statement certified by
    49  a licensed veterinarian showing that the dog or dogs have been vaccinat-

    50  ed  to  prevent  rabies  or, in lieu thereof, a statement certified by a
    51  licensed veterinarian stating that because of old age or  other  reason,
    52  the life of the dog or dogs would be endangered by the administration of
    53  vaccine.  The  clerk, authorized dog control officer or authorized pound
    54  or shelter manager shall make or cause to be made from such statement  a
    55  record  of  such  information as may be required by the commissioner and
    56  shall file such record with a copy of the license.]

        S. 6609--B                         16                         A. 9709--C
 
     1    The clerk, authorized dog control officer or authorized pound or shel-
     2  ter manager, at the time of issuing any license pursuant to  this  arti-

     3  cle,  shall  require the applicant to present a statement certified by a
     4  licensed veterinarian showing that the dog or dogs have been  vaccinated
     5  to  prevent  rabies  or,  in  lieu  thereof,  a statement certified by a
     6  licensed veterinarian stating that because of old age or another reason,
     7  the life of the dog or dogs would be endangered by the administration of
     8  vaccine. The clerk, authorized dog control officer or  authorized  pound
     9  or  shelter manager shall make or cause to be made from such statement a
    10  record of such information and shall file such record with a copy of the
    11  license. Such records shall be made available to the  commissioner  upon
    12  request for rabies and other animal disease control efforts.

    13    3.    Municipalities may provide for the establishment and issuance of
    14  purebred licenses and, in the event they do so, shall  provide  for  the
    15  assessment  of a surcharge of at least three dollars for the purposes of
    16  carrying out animal population control efforts as  provided  in  section
    17  one hundred seventeen-a of this article.
    18    §  5. Section 110 of the agriculture and markets law is REPEALED and a
    19  new section 110 is added to read as follows:
    20    § 110. License fees.   1. The license  fee  for  dog  licenses  issued
    21  pursuant  to subdivision one of section one hundred nine of this article
    22  shall be determined by the municipality issuing  the  license,  provided
    23  that  the  total fee for an unspayed or unneutered dog shall be at least

    24  five dollars more than the total fee for a spayed or neutered  dog.  All
    25  revenue derived from such fees shall be the sole property of the munici-
    26  pality  setting the same and shall be used only for controlling dogs and
    27  enforcing this article and any rule, regulation, or local law  or  ordi-
    28  nance  adopted  pursuant  thereto,  including subsidizing the spaying or
    29  neutering of dogs and any  facility  as  authorized  under  section  one
    30  hundred  sixteen  of  this article used therefor, and subsidizing public
    31  humane education programs in responsible dog ownership.
    32    2. Municipalities may exempt from their licensing fees any guide  dog,
    33  hearing  dog,  service  dog, war dog, working search dog, detection dog,

    34  police work dog or therapy dog. Each copy of any license for  such  dogs
    35  shall be conspicuously marked "Guide Dog", "Hearing Dog", "Service Dog",
    36  "Working  Search Dog", "War Dog", "Detection Dog", "Police Work Dog", or
    37  "Therapy Dog", as may be appropriate, by the  clerk  or  authorized  dog
    38  control officer.
    39    3.  In addition to the fee charged pursuant to subdivision one of this
    40  section, all municipalities issuing dog licenses pursuant to this  arti-
    41  cle  are  required  to  provide  for  the  assessment  of  an additional
    42  surcharge of at least one dollar for altered dogs  and  at  least  three
    43  dollars for unaltered dogs for the purposes of carrying out animal popu-
    44  lation control efforts as provided in section one hundred seventeen-a of

    45  this article.
    46    4.  In addition to the fee charged pursuant to subdivision one of this
    47  section, any municipality issuing dog licenses pursuant to this  article
    48  is  hereby  authorized  to  provide  for  the  assessment  of additional
    49  surcharges for the purpose of:
    50    (a) recovering costs associated with enumeration conducted pursuant to
    51  subdivision six of section one hundred thirteen of this article should a
    52  dog be identified as unlicensed during such enumeration. Such additional
    53  fee shall be the property of the licensing  municipality  and  shall  be
    54  used  to pay the expenses incurred by the municipality in conducting the
    55  enumeration. In the event  the  additional  fees  collected  exceed  the

    56  expenses  incurred  by  the municipality in conducting an enumeration in

        S. 6609--B                         17                         A. 9709--C
 
     1  any year, such excess fees may be used by the municipality for enforcing
     2  this article and for spaying or neutering animals; and
     3    (b)  offsetting costs associated with the provision and replacement of
     4  identification tags pursuant to section one hundred eleven of this arti-
     5  cle.
     6    § 6. Section 111 of the agriculture and markets law  is  REPEALED  and
     7  section  112  of  such law, as added by chapter 220 of the laws of 1978,
     8  subdivisions 1 and 5 as amended by chapter 645  of  the  laws  of  1988,
     9  subdivision 7 as amended by chapter 494 of the laws of 2002 and subdivi-

    10  sion  8  as  added  by  chapter  169  of the laws of 1994, is renumbered
    11  section 111 and amended to read as follows:
    12    § 111. Identification of dogs. 1. Each dog licensed pursuant to subdi-
    13  vision one of  section  one  hundred  nine  of  this  article  shall  be
    14  assigned,  at the time the dog is first licensed, a [permanent official]
    15  municipal identification number. Such  identification  number  shall  be
    16  carried  by the dog on an identification tag which shall be affixed to a
    17  collar on the dog at all times, provided that a [dog]  municipality  may
    18  exempt  dogs  participating  in  a  dog  show [shall be exempt from this
    19  requirement] during such participation.
    20    2. [The official identification number shall constitute  the  official

    21  identification of the dog to which it is assigned, regardless of changes
    22  of  ownership,  and  the number shall not be reassigned to any other dog
    23  during the lifetime of the dog to which it is assigned.
    24    3. At the time a dog is first licensed, one identification  tag  shall
    25  be  furnished  to  the  owner at no charge. Any replacement tag shall be
    26  obtained by the owner at his expense at a fee and in a manner prescribed
    27  by the commissioner.
    28    4.] No tag carrying  an  [official]  identification  number  shall  be
    29  affixed to the collar of any dog other than the one to which that number
    30  has been assigned.
    31    [5.  The  holder of] 3. A municipality offering a purebred license may

    32  [procure] provide a licensee, at his or her expense, any number of  tags
    33  imprinted  with  the  same number as the purebred license.  One such tag
    34  shall be affixed to the collar of each  dog  harbored  pursuant  to  the
    35  purebred  license at all times, provided that [a dog] municipalities may
    36  exempt dogs participating in a dog  show  [shall  be  exempt  from  this
    37  requirement] during such participation. Such a tag shall be affixed only
    38  to  the  collar of a dog owned by the holder of the purebred license and
    39  harbored on his premises.
    40    [6. The shape, size and form of imprints on  identification  tags  and
    41  purebred  license  tags shall be prescribed by the commissioner, and any
    42  tag bearing an imprint other than that prescribed shall  not  constitute

    43  valid identification for the purposes of this article.
    44    7.  The  applicant  for]  4. A municipality offering a license for any
    45  guide dog, service dog, hearing dog or detection dog may [procure] issue
    46  a special tag for identifying such dog[.  This special],  provided  that
    47  such  tag  shall  be  in  addition to the identification tag required by
    48  subdivision one of this section. The [commissioner  shall]  municipality
    49  may  prescribe  the  shape,  size, color, and form of imprint of the tag
    50  which shall be a different color and shape than the [official]  standard
    51  identification  tag.  Upon  application,  the commissioner shall furnish
    52  such tags without payment of a fee.

    53    [8. Fees received by the department pursuant to this section shall  be
    54  deposited in an account within the miscellaneous special revenue fund.]

        S. 6609--B                         18                         A. 9709--C
 
     1    §  7.  Section  113  of the agriculture and markets law, as amended by
     2  chapter 57 of the laws of 1981, is renumbered section 112 and amended to
     3  read as follows:
     4    §  112.  Change of ownership; lost or stolen dog. 1. In the event of a
     5  change in the ownership of any dog which has been [assigned an  official
     6  identification  number]  licensed  pursuant  to  this  article or in the
     7  address of the owner of record of any such  dog,  the  owner  of  record
     8  shall,  within  ten  days  of  such change, file with the [commissioner]

     9  municipality in which the dog is  licensed  a  written  report  of  such
    10  change.  Such  owner of record shall be liable for any violation of this
    11  article until such filing is made or until the dog is  licensed  in  the
    12  name of the new owner.
    13    2.  If  any  dog  which  has been [assigned an official identification
    14  number] licensed pursuant to this article is lost or stolen,  the  owner
    15  of  record shall, within ten days of the discovery of such loss or theft
    16  file with the [commissioner] municipality in which the dog is licensed a
    17  written report of such loss or theft. In the case of a  loss  or  theft,
    18  the  owner  of  record  of  any  such  dog  shall  not be liable for any
    19  violation of this article committed after such report is filed.
    20    3. In the case of a dog's death, the owner of record shall  so  notify

    21  the  [commissioner]  municipality  in  which  the dog is licensed either
    22  prior to renewal of licensure or upon the time of such  renewal  as  set
    23  forth  [in  subdivision one of section one hundred nine of this chapter.
    24  Until such time that the commissioner files such  information  with]  by
    25  the  [central  registry  of official identification numbers, said number
    26  shall not be reassigned. Failure to notify] municipality  in  which  the
    27  the  [commissioner  of  the  death  of a dog as so required herein shall
    28  constitute a violation and the owner of record shall be held liable] dog
    29  is licensed.
    30    § 8. Section 114 of the agriculture and markets law, as added by chap-

    31  ter 220 of the laws of 1978, subdivisions 2 and 4 as amended by  chapter
    32  714  of the laws of 1980, subdivision 4 as separately amended and subdi-
    33  vision 5 as amended by chapter 843 of the laws of 1980 and subdivision 7
    34  as amended by chapter 180 of the laws of 2002, is renumbered section 113
    35  and amended to read as follows:
    36    § 113. Dog control officers. 1. Each town and city, and  each  village
    37  in  which  licenses are issued, shall appoint, and any other village and
    38  any county may appoint, one or more dog control officers for the purpose
    39  of assisting, within the appointing municipality, with  the  control  of
    40  dogs  and  the  enforcement  of  this article [and rules and regulations
    41  promulgated pursuant thereto].
    42    2. In lieu of or in addition to the appointment of a dog control offi-

    43  cer or officers, any town or city, or any village in which licenses  are
    44  issued shall, and any other village and any county may, contract for dog
    45  control  officer services with any other municipality or with any incor-
    46  porated humane society or similar incorporated  dog  protective  associ-
    47  ation,  or shall appoint, jointly with one or more other municipalities,
    48  one or more dog control officers having  jurisdiction  in  each  of  the
    49  cooperating municipalities.
    50    3. [The commissioner may appoint as many state dog control officers as
    51  he  deems  necessary to supervise the provisions of this article and any
    52  rules and regulations adopted pursuant thereto.
    53    4.] Every dog control officer shall have the power to issue an appear-
    54  ance ticket pursuant to section 150.20 of the criminal procedure law, to

    55  serve a summons and to serve and execute any other order or  process  in
    56  the  execution  of  the provisions of this article. In addition, any dog

        S. 6609--B                         19                         A. 9709--C
 
     1  control officer or any  peace  officer,  when  acting  pursuant  to  his
     2  special  duties,  or police officer, who is authorized by a municipality
     3  to assist in the enforcement of this  article  may  serve  any  process,
     4  including  an  appearance  ticket,  a  uniform  appearance  ticket and a
     5  uniform appearance ticket and simplified  information,  related  to  any
     6  proceeding,  whether  criminal  or  civil in nature undertaken in accord
     7  with the provisions of this  article  or  any  local  law  or  ordinance
     8  promulgated pursuant thereto.
     9    [5] 4.  Every dog control officer, peace officer, when acting pursuant

    10  to his special duties or police officer shall promptly make and maintain
    11  a  complete record of any seizure and subsequent disposition of any dog.
    12  Such record shall include, but not be limited to, a description  of  the
    13  dog, the date and hour of seizure, the official identification number of
    14  such dog, if any, the location where seized, the reason for seizure, and
    15  the owner's name and address, if known.
    16    [6]  5.    Every  dog control officer shall file and maintain[, in the
    17  manner prescribed by the commissioner,] such records [as may be required
    18  by this article or rules and regulations promulgated  pursuant  thereto]
    19  for not less than three years following the creation of such record, and
    20  shall  make  such  reports  available  to  the  commissioner  [as may be

    21  required thereby] upon request.
    22    [7] 6.  The governing body of any municipality in which  licenses  are
    23  issued,  may, either individually or in cooperation with other municipal
    24  entities, require its dog control officer or animal control  officer  or
    25  any  other  authorized  agent  to  ascertain  and  list the names of all
    26  persons in the municipality owning or harboring dogs, or in lieu  there-
    27  of, such municipality may contract to have the same done.
    28    §  9.  Sections  115  and  116  of the agriculture and markets law are
    29  renumbered sections 114 and 115.
    30    § 10. Section 117 of the agriculture and  markets  law  is  renumbered
    31  section 116.
    32    §  11. Section  117-a  of the agriculture and markets law, as added by
    33  chapter 473 of the laws of 1995, subdivisions 1, 2-a, 4 and 7 as amended

    34  by chapter 205 of the laws of 2000, subdivision 2, the opening paragraph
    35  of subdivision 2-a and paragraph (c) of  subdivision  3  as  amended  by
    36  chapter 534 of the laws of 2005, is amended to read as follows:
    37    § 117-a. Animal  population  control program. 1. [The department shall
    38  establish and  implement  an  animal  population  control  program.  The
    39  purpose  of  this  program shall be to reduce the population of unwanted
    40  and stray dogs and cats thereby reducing  potential  threats  to  public
    41  health  and  safety posed by the large population of these animals. This
    42  program shall seek to accomplish its purpose by encouraging residents of
    43  New York state who are the owners of dogs and cats to have  them  spayed
    44  or neutered by providing low-cost spaying and neutering services to such

    45  owners  meeting  the  criteria  enumerated  in  subdivision  two of this
    46  section. The department shall use its best efforts  to  encourage  every
    47  adoption facility that qualifies for participation in the low-cost spay-
    48  neuter program to do so to the maximum possible extent.] The commission-
    49  er  shall submit a request for proposals from not-for-profit entities as
    50  described herein for the purpose of administering a state  animal  popu-
    51  lation  control  program.  The  entity chosen to administer such program
    52  shall enter into a contract with the state for a  term  of  five  years,
    53  which  may  be  renewed subject to the approval of the commissioner. The
    54  purpose of this program shall be to reduce the  population  of  unwanted

    55  and  stray  dogs  and  cats thereby reducing incidence of euthanasia and
    56  potential threats to public health and safety posed by the  large  popu-

        S. 6609--B                         20                         A. 9709--C
 
     1  lation  of  these  animals.  This  program  shall seek to accomplish its
     2  purpose by encouraging residents of New York state who are the owners of
     3  dogs and cats to have them spayed  or  neutered  by  providing  low-cost
     4  spaying  and  neutering  services  to  such  owners meeting the criteria
     5  enumerated in subdivision three of this section. For  purposes  of  this
     6  section,  "low-cost" shall mean substantially less than the average cost
     7  in a particular region of the state for spaying or  neutering  services,

     8  including  any and all ancillary changes for services, including but not
     9  limited to, presurgical examinations, tests and immunizations, and other
    10  services related  to  the  spay  or  neuter  procedure.  All  veterinary
    11  services provided pursuant to this section must be performed by a veter-
    12  inarian licensed in this state.
    13    2. Eligible not-for-profit entities shall consist of duly incorporated
    14  societies  for  the  prevention of cruelty to animals, duly incorporated
    15  humane societies, duly incorporated animal protective  associations,  or
    16  duly incorporated non-profit corporations that have received designation
    17  as 501(c)(3) entities by the Internal Revenue Service and which entities

    18  are  operating as animal rescue organizations, animal adoption organiza-
    19  tions, spay/neuter clinics, or other entities whose core mission predom-
    20  inantly includes statewide efforts to manage the companion animal  popu-
    21  lation  in  New  York  state. In awarding the contract, the commissioner
    22  must consider the following criteria with respect to each applicant: its
    23  experience in providing low-cost  spay-neuter  services,  the  scope  of
    24  services  it  provides,  the  length  of time it has been operating, its
    25  financial history, its demonstrated ability to work with outside  organ-
    26  izations  and  community  groups, and the proposed cost of administering
    27  and promoting the program.  In choosing such  entity,  the  commissioner

    28  may  establish other criteria for making his or her selection in consul-
    29  tation with veterinarians,  representatives  from  animal  advocacy  and
    30  welfare organizations, and municipalities. The selection of the adminis-
    31  trative  entity overseeing the state animal population control fund must
    32  be completed no later than December thirty-first, two thousand ten.
    33    (a) The administrative entity chosen by the commissioner shall  review
    34  plans  submitted  for  approval  and  funding  of  low-cost  spay-neuter
    35  programs and award grants for the animal  population  control  fund  for
    36  implementation  of such plans.  In reviewing the plans, the entity shall
    37  consider the following criteria: the method of providing low-cost  spay-

    38  neuter   services,  including  an  anticipated  fee  schedule  for  such
    39  services, the size and need of  the  population  served,  the  plan  for
    40  outreach  and  promotion  of such services, experience in providing low-
    41  cost spay-neuter services and cost-effectiveness of the overall plan. In
    42  awarding grants, the entity shall use best efforts to provide  statewide
    43  distribution of funding.
    44    (b)  (i) Upon approving a plan submitted pursuant to this section, the
    45  administrative entity shall award a grant for the creation and implemen-
    46  tation of such plan.
    47    (ii) Upon approving a plan submitted for approval and funding  of  all
    48  other spay-neuter programs, the administrative entity shall award grants

    49  for   the  ongoing  administration  of  low-cost  spay-neuter  services.
    50  Payments against such grants shall be advanced quarterly. Any  remaining
    51  funds  at  the  end  of the grant period shall be remitted to the animal
    52  population control fund.
    53    (iii) Any grants made pursuant to this section may be discontinued  if
    54  it is found by the administrative entity that funds previously disbursed
    55  were not used for their intended purpose or that services performed were

        S. 6609--B                         21                         A. 9709--C
 
     1  not provided according to the terms and conditions as the administrative
     2  entity shall provide.
     3    (c)  An  administrative entity selected pursuant to this section shall

     4  use proceeds from the animal population control fund to pay for  reason-
     5  able  expenses  incurred  in operating the low-cost spay-neuter program,
     6  but is hereby authorized to solicit funds from other public and  private
     7  sources.
     8    (d)  Such  administrative  entity shall submit an annual report to the
     9  governor, the temporary president of the  senate,  the  speaker  of  the
    10  assembly,  the minority leader of the senate, the minority leader of the
    11  assembly, and the commissioner. Such report shall  include  but  not  be
    12  limited  to the balance of the fund, annual expenditures, annual income,
    13  the number of entities receiving funding and the amount received by each
    14  entity, the total number  and  type  of  low-cost  spay-neuter  services

    15  provided  by  each entity, the method of providing such services by each
    16  entity, the expenditure made for promoting the fund and  description  of
    17  marketing  efforts, and recommendations regarding the implementation and
    18  financial viability of the fund.
    19    (e) The administrative entity shall perform such other tasks as may be
    20  reasonable and necessary for the administration of such fund.
    21    (f) If the administrative entity cannot perform its obligations pursu-
    22  ant to its contract, or if it is determined by the commissioner that  it
    23  is  not performing its obligations in a satisfactory manner, the commis-
    24  sioner may cancel such contract and issue another request for  proposals
    25  from other entities to administer the program.

    26    3.  In  order  to  be eligible to participate in the animal population
    27  control program, and therefore, be entitled to the low-cost  spay/neuter
    28  services  provided for herein, an owner of a dog or cat shall be a resi-
    29  dent of New York state and shall submit proof to [a veterinarian partic-
    30  ipating in the program] the entity providing such services as follows:
    31    (a) in the form of an adoption agreement that their  dog  or  cat  was
    32  adopted  from a pound, shelter maintained by or under contract or agree-
    33  ment with the state or any county, city, town, or village, duly incorpo-
    34  rated society for the prevention of cruelty to  animals,  duly  incorpo-
    35  rated  humane  society  or  duly  incorporated  dog  or  cat  protective
    36  association; or

    37    (b) proof of participation in at least one of the following:
    38    (i) the food stamp program authorized pursuant to 7  U.S.C.  2011,  et
    39  seq.;
    40    (ii) the supplemental security income for the aged, blind and disabled
    41  program authorized pursuant to 42 U.S.C. 1381 et seq.;
    42    (iii) the low income housing assistance program authorized pursuant to
    43  42 U.S.C. 1437(f);
    44    (iv) the Family Assistance program authorized pursuant to title ten of
    45  article five of the social services law;
    46    (v)  the  Safety  Net  Assistance program authorized pursuant to title
    47  three of article five of the social services law;
    48    (vi) the program of Medical Assistance authorized  pursuant  to  title
    49  eleven of article five of the social services law; or
    50    (vii)  [the food assistance program authorized pursuant to subdivision

    51  ten of section ninety-five of the social services  law;]  other  similar
    52  programs  identified  by  the  administrative entity and approved by the
    53  commissioner; and
    54    (c) in any city, town, village, or county which has  enacted  a  local
    55  law  or  ordinance  requiring  spay/neuter of all dogs and cats prior to
    56  adoption from shelters, pounds,  duly  incorporated  societies  for  the

        S. 6609--B                         22                         A. 9709--C
 
     1  prevention of cruelty to animals, humane societies and duly incorporated
     2  dog  or  cat  protective associations within such city, town, village or
     3  county, eligibility for participation in the animal  population  control
     4  program  shall be determined based solely on the provisions of paragraph
     5  (b) of this subdivision.

     6    [2-a.] 4. Notwithstanding the provisions of paragraph (a) of  subdivi-
     7  sion  [two]  three  of  this  section,  no resident, otherwise qualified
     8  pursuant to such paragraph, shall be entitled to participate in the  low
     9  cost spay/neuter program implemented by this section if the animal to be
    10  spayed or neutered:
    11    (a) was imported or caused to be imported from outside the state;
    12    (b)  was  adopted  from  an  otherwise qualifying pound, shelter, duly
    13  incorporated society for the prevention  of  cruelty  to  animals,  duly
    14  incorporated  humane  society or duly incorporated dog or cat protective
    15  association which included the cost of a spaying or neutering  procedure
    16  in the cost of the adoption[;
    17    (c)  was  spayed or neutered by an otherwise eligible veterinarian who

    18  is employed by otherwise qualifying pounds, shelters, duly  incorporated
    19  societies  for the prevention of cruelty to animals, humane societies or
    20  dog or cat protective associations except to the extent that they  shall
    21  have  performed  spay/neuter  procedures in excess of the number of such
    22  procedures done upon animals adopted from such facility during  nineteen
    23  hundred ninety-four; or
    24    (d)  was  adopted  from  any facility that as a condition of adoption,
    25  required or encouraged the utilization of  a  specific  veterinarian  or
    26  veterinary facility to perform such spay or neuter procedure. The estab-
    27  lishment  of  such conditions by a facility shall constitute grounds for
    28  the disqualification of such facility to  participate  in  the  program.

    29  Nothing  contained  in  this  section shall be construed as precluding a
    30  facility from informing a person adopting an animal of the  identity  of
    31  those  participating  veterinarians  in the vicinity of such facility in
    32  addition to providing them with the voucher provided under this  section
    33  and any accompanying materials.
    34    3.  Any person submitting a dog or cat for spaying or neutering pursu-
    35  ant to the provisions of this section shall:
    36    (a) Furnish any licensed veterinarian of this state  participating  in
    37  the  program  with  proof  that the owner meets the eligibility criteria
    38  pursuant to the  provisions  of  subdivisions  two  and  two-a  of  this
    39  section;

    40    (b) Sign a consent form certifying that the person is the owner of the
    41  dog  or  cat or is authorized by the owner to present the dog or cat for
    42  the procedure;
    43    (c) Pay a fee of thirty dollars to the veterinarian  participating  in
    44  the  program  if  such  dog  or cat was adopted from a duly incorporated
    45  pound, shelter, duly incorporated society for the prevention of  cruelty
    46  to  animals,  humane  society or duly incorporated dog or cat protective
    47  association, or pay a fee of twenty dollars to the veterinarian  partic-
    48  ipating  in  the  program  if  such  person  participates  in any of the
    49  programs enumerated in paragraph (b) of subdivision two of this section.
    50  When eligibility to participate in the animal population control program

    51  is based upon participation in a program enumerated in paragraph (b)  of
    52  subdivision  two of this section, the department shall issue vouchers to
    53  dog and cat owners upon provision  of  requisite  proof  required  under
    54  paragraph  (b) of subdivision two of this section and in accordance with
    55  any rules and regulations promulgated by the commissioner.

        S. 6609--B                         23                         A. 9709--C

     1    4. (a) Any licensed veterinarian of  this  state  including,  but  not
     2  limited to, licensed veterinarians working at municipal facilities which
     3  provide  dog  and  cat  spaying  and neutering services, other than with
     4  respect to animals who would not be  eligible  pursuant  to  subdivision

     5  two-a  of  this  section may participate in the program upon filing with
     6  the commissioner an application therefor, on  forms  prescribed  by  the
     7  commissioner,  which application shall certify, in addition to any other
     8  information requested by the commissioner, an animal  sterilization  fee
     9  schedule  listing  the  fees  charged  for  spaying and neutering in the
    10  normal course of business and for the presurgical immunization  of  dogs
    11  against  distemper,  hepatitis, leptospirosis, parvovirus and rabies, or
    12  if deemed necessary for the presurgical  immunization  of  cats  against
    13  feline  panleukopenia,  calici, pneumonitis, rhinotracheitis and rabies,
    14  as the case may be on the first day of January two thousand one and  the

    15  first  day  of  January  each  third  year  thereafter and the number of
    16  spay/neuter procedures done by such facility during such period.   Addi-
    17  tionally, such licensed veterinarian shall certify that the fees charged
    18  for  procedures  and  vaccinations for which reimbursement is sought are
    19  equal to or less than the lowest fees charged to a  private  client  for
    20  such  procedures  during  the previous year. The veterinarian shall also
    21  provide the name of the veterinarian, animal hospital, veterinary clinic
    22  or other entity to which such reimbursement is to be  made.  These  fees
    23  may  vary  with  the  animal's weight, sex and species. The commissioner
    24  may, however, disqualify from participation in the program any veterina-

    25  rian whose fees are  deemed  unreasonable.  Nothing  contained  in  this
    26  subdivision  shall  limit the right of the state education department to
    27  undertake  such  actions  as  it  may  deem  necessary  to  enforce  the
    28  provisions of article one hundred thirty-five of the education law.
    29    (b)  Licensed veterinarians of this state participating in the program
    30  shall provide, if deemed necessary, for the presurgical immunization  of
    31  dogs against distemper, hepatitis, leptospirosis, parvovirus and rabies,
    32  or if deemed necessary, for the presurgical immunization of cats against
    33  feline  panleukopenia,  calici, pneumonitis, rhinotracheitis and rabies,
    34  as the case may be. Charges for such services to  the  owner  or  person

    35  submitting the dog or cat for spaying or neutering shall be no more than
    36  fifty  percent of the amount certified pursuant to paragraph (a) of this
    37  subdivision. In addition to other  reimbursement  to  which  a  licensed
    38  veterinarian may be entitled under this section, a veterinarian may seek
    39  reimbursement  for expenses incurred as a direct result of extraordinary
    40  circumstances which occurred during the course of a  spay/neuter  proce-
    41  dure  up  to an amount approved by the department which shall not exceed
    42  twenty percent of such veterinarian's fee for performing such procedure.
    43    (c) The state comptroller upon  the  submission  of  vouchers  by  the
    44  commissioner  shall,  to  the  extent that monies are available from the

    45  animal population control fund,  reimburse  participating  veterinarians
    46  for  eighty  percent of the balance of the fee charged pursuant to para-
    47  graph (a) of this subdivision, and after deducting that portion  of  the
    48  fee  already  paid to the veterinarian by those persons participating in
    49  the program pursuant to paragraph  (c)  of  subdivision  three  of  this
    50  section,  for  each  animal spaying and neutering procedure administered
    51  after the submission to the  commissioner  of  an  animal  sterilization
    52  certificate,  prescribed by the commissioner, signed by the veterinarian
    53  and the owner of the animal or person authorized by the owner, for  each
    54  spaying and neutering procedure performed in conjunction with the animal

    55  population  control  program.  Notwithstanding the foregoing provisions,
    56  the state comptroller shall not reimburse veterinarians for any  voucher

        S. 6609--B                         24                         A. 9709--C

     1  which  shall  have  been  issued  by the commissioner more than one year
     2  prior to the date upon which it is submitted to the commissioner  unless
     3  the  commissioner  shall  indicate  good  cause  for the payment of such
     4  voucher. If the moneys are not immediately available from such fund, the
     5  commissioner  shall  give priority to approving reimbursement to partic-
     6  ipating veterinarians from counties from which the amount of fees depos-
     7  ited in such fund, after taking into  consideration  the  administrative

     8  expenses to which the department is entitled, exceeds the money paid out
     9  to  participating  veterinarians  in  such  counties.  The participating
    10  veterinarian shall submit to the commissioner within sixty days of  each
    11  animal  spaying  and neutering procedure an animal sterilization certif-
    12  icate for the purposes of reimbursement.  Notwithstanding the provisions
    13  of this paragraph, the commissioner shall not approve  reimbursement  to
    14  municipal  facilities,  not-for-profit  organizations, pounds, shelters,
    15  duly incorporated societies for the prevention of  cruelty  to  animals,
    16  humane  societies  or  dog  or cat protective associations except to the
    17  extent that they shall have performed spay/neuter procedures  in  excess

    18  of  the  number  of  such  procedures done by it during nineteen hundred
    19  ninety-four.
    20    5. The commissioner may solicit and accept funds from  any  public  or
    21  private source to help carry out the provisions of this section.
    22    6.  All  fees  collected  pursuant  to this section and paragraph c of
    23  subdivision four of section one hundred ten of  this  article  shall  be
    24  deposited  in  a  miscellaneous special revenue fund known as the animal
    25  population control fund. An amount not to exceed fifteen percent of  the
    26  balance  of  the  fund  at  the beginning of each fiscal year, following
    27  appropriation by the legislature and allocation by the director  of  the
    28  budget,  shall  be  available  for  the  purposes  of implementation and

    29  promotion of the program. Such promotion  shall  include  educating  the
    30  public  about  the  benefits  associated with spaying and neutering. The
    31  remaining monies shall be used  exclusively  for  the  reimbursement  to
    32  participating  veterinarians  pursuant  to  paragraph (b) of subdivision
    33  four of this section.
    34    7. The commissioner shall,  in  consultation  with  such  professional
    35  organizations  as  the commissioner deems appropriate, develop a list of
    36  veterinarians approved by the commissioner to participate  in  the  low-
    37  cost  spay/neuter  program  who provide care, including, but not limited
    38  to, spay/neuter procedures, to dogs and cats. Any  otherwise  qualifying
    39  pound,  shelter, duly incorporated society for the prevention of cruelty

    40  to animals, humane society, or dog or cat protective  association  shall
    41  distribute such list of approved veterinarians to persons adopting a dog
    42  or  a  cat  as  a  precondition  to  reimbursement  under  the  low-cost
    43  spay/neuter program established in this section.  In  addition  to  such
    44  distribution,  such  pound,  shelter,  duly incorporated society for the
    45  prevention of cruelty to animals, humane society or dog or  cat  protec-
    46  tive association shall not discriminate against any veterinarian on such
    47  list or directly or indirectly require, direct or recommend the utiliza-
    48  tion  or  non-utilization of any such veterinarian for any procedure for
    49  which reimbursement is to be sought under this program.  Such  discrimi-

    50  nation  may,  in  the discretion of the commissioner, constitute grounds
    51  for the revocation of the right of such facility to participate  in  the
    52  program].
    53    5.  Any  county  is  hereby  authorized  to establish and implement an
    54  animal population control program within its  jurisdiction.  Any  county
    55  creating  its own program may submit a plan to the administrative entity
    56  for such program for approval and to receive  funding  from  the  animal

        S. 6609--B                         25                         A. 9709--C
 
     1  population  control  program. Such plan shall include but not be limited
     2  to the criteria described in paragraph (a) of subdivision  two  of  this
     3  section.

     4    6.  Any  county  which  has  created  its  own program, which has been
     5  approved by the administrative entity  pursuant  to  this  section,  may
     6  receive  the  funds  collected  by  the municipalities within the county
     7  pursuant to subdivision three of section one hundred ten of this article
     8  for the sole purpose of administering such program. Such county  program
     9  shall  be  subject  to  this article and the terms and conditions of the
    10  animal population control program, as may be amended from time to time.
    11    7. Any municipality within a county that does not have its own program
    12  approved by the administrative entity pursuant  to  subdivision  two  of
    13  this  section  must  submit  the funds collected pursuant to subdivision

    14  three of section one hundred ten of this article  to  the  animal  popu-
    15  lation  control  fund  pursuant  to section ninety-seven-xx of the state
    16  finance law.
    17    8. In the absence of a county animal population control program, enti-
    18  ties described below within such county may, pursuant to subdivision two
    19  of this section, apply for funds from the animal population control fund
    20  described in section ninety-seven-xx of the state finance  law  for  the
    21  sole  purpose  of  providing  low-cost spay and neuter services in their
    22  service area. In the event that the service area  of  an  entity  encom-
    23  passes  two  or more counties, such entity may apply and receive funding
    24  from the animal population control fund to serve such portion  of  their

    25  service area that is not covered by an existing county animal population
    26  control  program.  Such entities shall include pounds, duly incorporated
    27  societies for the prevention of cruelty to  animals,  duly  incorporated
    28  humane  societies,  duly incorporated animal protective associations and
    29  duly incorporated nonprofit corporations that have received  designation
    30  as a 501(c)(3) organization by the Internal Revenue Service, which enti-
    31  ties  are operating as animal rescue or adoption organizations. Any such
    32  entity must also be in good standing with the charities  bureau  of  the
    33  office of the attorney general and with the secretary of state.
    34    9.  The  administrative  entity shall establish reporting requirements

    35  for any entity awarded funding through  the  animal  population  control
    36  program,  and  any  other  protocols necessary to ensure appropriate and
    37  effective use of monies disbursed pursuant to this section.
    38    § 12. Section 118 of the agriculture and  markets  law  is  renumbered
    39  section  117 and subdivisions 1, 4, 5 and 7, subdivision 1 as amended by
    40  chapter 843 of the laws of 1980, paragraphs (c) and (d) of subdivision 1
    41  as added by chapter 530 of the laws of 1997 and the closing paragraph of
    42  subdivision 1 as amended by chapter 392 of the laws  of  2004,  subdivi-
    43  sions  4 and 5 as added by chapter 220 of the laws of 1978, and subdivi-
    44  sion 7 as amended by chapter 645 of the laws of  1988,  are  amended  to
    45  read as follows:
    46    1.  Any  dog  control officer or peace officer, acting pursuant to his

    47  special duties, or police officer in the employ of or under contract  to
    48  a municipality shall seize:
    49    (a)  any  dog  which is not identified and which is not on the owner's
    50  premises; [and]
    51    (b) any dog which is not licensed, whether on or off the owner's prem-
    52  ises[.];
    53    (c) any licensed dog which is not in  the  control  of  its  owner  or
    54  custodian  or  not  on  the premises of the dog's owner or custodian, if
    55  there is probable cause to believe the dog is [a] dangerous [dog.]; and
    56    (d) any dog which poses an immediate threat to the public safety.

        S. 6609--B                         26                         A. 9709--C
 
     1    Promptly upon  seizure  the  dog  control  officer  shall  commence  a

     2  proceeding  as  provided  for in subdivision two of section [one hundred
     3  twenty-one] one hundred twenty-three of this article.
     4    4. Each dog which is not identified, whether or not licensed, shall be
     5  held  for  a period of five days from the day seized during which period
     6  the dog may be redeemed by its owner, provided that such owner  produces
     7  proof that the dog has been licensed and has been identified pursuant to
     8  the  provisions of this article and further provided that the owner pays
     9  the following impoundment fees:
    10    (a) not less than ten dollars for the first  impoundment  of  any  dog
    11  owned by that person;
    12    (b)  not  less  than twenty dollars for the first twenty-four hours or
    13  part thereof and three dollars for each additional twenty-four hours  or

    14  part  thereof  for  the second impoundment, within one year of the first
    15  impoundment, of any dog owned by that person; or
    16    (c) not less than thirty dollars for the first  twenty-four  hours  or
    17  part  thereof and three dollars for each additional twenty-four hours or
    18  part thereof for the third and subsequent impoundments, within one  year
    19  of the first impoundment, of any dog owned by that person.
    20    The  impoundment fees set forth in paragraphs (a), (b) and (c) of this
    21  subdivision notwithstanding, any municipality may set by  local  law  or
    22  ordinance such fees in any amount.
    23    5.  All  impoundment fees shall be the property of the municipality to
    24  which they are paid and shall be used  only  for  controlling  dogs  and
    25  enforcing  this  article and any rule, regulation, or local law or ordi-
    26  nance adopted pursuant thereto, including  subsidizing  the  spaying  or

    27  neutering  of  dogs  and  any  facility as authorized under section [one
    28  hundred seventeen] one hundred sixteen of this  article  used  therefor,
    29  and  subsidizing  public  humane  education  programs in responsible dog
    30  ownership.
    31    7. An owner shall forfeit title to any dog unredeemed at  the  expira-
    32  tion  of  the  appropriate  redemption period, and the dog shall then be
    33  made available for adoption or euthanized subject to the  provisions  of
    34  subdivisions  two-a,  two-b,  two-c,  two-d,  and two-e of section three
    35  hundred seventy-four of this chapter.  [Provided  that  no  dog  in  the
    36  custody  of a pound or shelter shall be delivered for adoption unless it
    37  has been licensed pursuant to the provisions of this  article  prior  to

    38  its  release  from  the custody of a pound or shelter.] Any municipality
    39  may by local  law  or  ordinance  establish  additional  conditions  for
    40  adoption  including the requirement that adopted dogs shall be spayed or
    41  neutered before or after release from custody upon such terms and condi-
    42  tions as the municipality may establish.
    43    § 13. Subdivision 7 of section 117 of the agriculture and markets law,
    44  as amended by chapter 479 of the laws of 2009, such  section  as  renum-
    45  bered by section twelve of this act, is amended to read as follows:
    46    7.  An  owner shall forfeit title to any dog unredeemed at the expira-
    47  tion of the appropriate redemption period, and the  dog  shall  then  be
    48  made  available  for adoption or euthanized subject to subdivisions six,
    49  eight and nine of this section and subject to the provisions of  section

    50  three hundred seventy-four of this chapter. [Provided that no dog in the
    51  custody  of a pound or shelter shall be delivered for adoption unless it
    52  has been licensed pursuant to the provisions of this  article  prior  to
    53  its  release  from  the custody of a pound or shelter.] Any municipality
    54  may by local  law  or  ordinance  establish  additional  conditions  for
    55  adoption  including the requirement that adopted dogs shall be spayed or

        S. 6609--B                         27                         A. 9709--C
 
     1  neutered before or after release from custody upon such terms and condi-
     2  tions as the municipality may establish.
     3    §  14.  Section  119  of  the agriculture and markets law, as added by
     4  chapter 220 of the laws of 1978,  paragraph  (c)  of  subdivision  1  as

     5  amended by chapter 404 of the laws of 1986, paragraph (g) of subdivision
     6  1  as amended and paragraph (h) of subdivision 1 as added by chapter 263
     7  of the laws of 2000, subdivision 2 as amended by chapter 221 of the laws
     8  of 1978, subdivision 3 as added and subdivision 4 as renumbered by chap-
     9  ter 714 of the laws of 1980, subdivisions 5 and 6 as  added  by  chapter
    10  473  of  the  laws  of  1995, paragraphs (a) and (b) of subdivision 5 as
    11  amended by chapter 534 of the laws of 2005 and subdivision 7 as added by
    12  chapter 494 of the laws of 2002, is renumbered section 118  and  amended
    13  to read as follows:
    14    § 118. Violations.  1. It shall be a violation, punishable as provided
    15  in subdivision two of this section, for:
    16    (a) any owner to fail to license any dog;
    17    (b) any owner to fail to have any dog identified as required  by  this
    18  article;

    19    (c)  any  person  to  knowingly affix to any dog any false or improper
    20  identification tag, special identification tag  for  identifying  guide,
    21  service or hearing dogs or purebred license tag;
    22    [(f)]  (d)  any  owner  or  custodian  of  any dog to fail to confine,
    23  restrain or present such dog for any lawful  purpose  pursuant  to  this
    24  article;
    25    [(g)] (e) any person to furnish any false or misleading information on
    26  any  form required to be filed with any municipality [or the commission-
    27  er] pursuant to the provisions of this article or rules and  regulations
    28  promulgated pursuant thereto;
    29    [(h)]  (f)  the  owner or custodian of any dog to fail to exercise due
    30  diligence in handling his or her dog if the handling results in harm  to

    31  another dog that is a guide, hearing or service dog[.];
    32    (g) any owner of a dog to fail to notify the municipality in which his
    33  or her dog is licensed of any change of ownership or address as required
    34  by section one hundred twelve of this article.
    35    2. It shall be the duty of the dog control officer of any municipality
    36  to  bring  an  action  against  any person who has committed within such
    37  municipality any violation set forth in subdivision one of this section.
    38  Any municipality  may  elect  either  to  prosecute  such  action  as  a
    39  violation  under  the  penal  law  or to commence an action to recover a
    40  civil penalty.
    41    A violation of this section shall be punishable, subject  to  such  an
    42  election, either:
    43    (a)  where  prosecuted  pursuant  to  the  penal law, by a fine of not

    44  [more] less than twenty-five dollars, except that (i) where  the  person
    45  was  found to have violated this section or former article seven of this
    46  chapter within the preceding five years, the fine may be not [more] less
    47  than fifty dollars, and (ii) where the person was found to have  commit-
    48  ted  two  or  more  such  violations within the preceding five years, it
    49  shall be punishable by a fine  of  not  [more]  less  than  one  hundred
    50  dollars or imprisonment for not more than fifteen days, or both; or
    51    (b)  where  prosecuted  as  an action to recover a civil penalty, by a
    52  civil penalty of not [more] less than twenty-five dollars,  except  that
    53  (i)  when the person was found to have violated this section or [former]

    54  this article [seven of this chapter] within the  preceding  five  years,
    55  the  civil  penalty  may be not [more] less than fifty dollars, and (ii)
    56  where the person was found to have committed two or more such violations

        S. 6609--B                         28                         A. 9709--C
 
     1  within the preceding five years, the civil penalty  may  be  not  [more]
     2  less than one hundred dollars.
     3    3. A defendant charged with a violation of any provision of this arti-
     4  cle  or  any  local  law  or  ordinance promulgated pursuant thereto may
     5  [himself] plead guilty to the charge in open court. He or she  may  also
     6  submit to the magistrate having jurisdiction, in person, by duly author-

     7  ized agent, or by registered mail, a statement (a) that he or she waives
     8  arraignment  in  open  court  and the aid of counsel, (b) that he or she
     9  pleads guilty to the offense charged, (c) that  he  or  she  elects  and
    10  requests that the charge be disposed of and the fine or penalty fixed by
    11  the  court,  (d)  of  any  explanation  that  he  or she desires to make
    12  concerning the offense charged, and (e) that he or she makes all  state-
    13  ments  under penalty of perjury. Thereupon the magistrate may proceed as
    14  though the defendant had been convicted upon a plea of  guilty  in  open
    15  court,  provided  however,  that any imposition of fine or penalty here-
    16  under shall be deemed tentative until such fine or  penalty  shall  have
    17  been  paid  and  discharged  in  full.  If upon receipt of the aforesaid

    18  statement the magistrate shall deny the same, he or she shall  thereupon
    19  notify  the  defendant  of  this fact, and that he or she is required to
    20  appear before the said magistrate at a stated time and place  to  answer
    21  the  charge which shall thereafter be disposed of pursuant to the appli-
    22  cable provisions of law.
    23    4. [Any person who shall violate any other provision of  this  article
    24  or  rules  and regulations promulgated pursuant thereto shall be subject
    25  to the penalty provisions of sections  thirty-nine  and  forty  of  this
    26  chapter,  but  not  section  forty-one  of this chapter. Such violations
    27  shall include, but not be limited to, the following:
    28    (a) failure of any owner of record to notify the commissioner  of  any

    29  change  of ownership or address as required by section one hundred thir-
    30  teen of this article;
    31    (b) failure of any person to perform any other duty or carry  out  any
    32  other  requirement imposed pursuant to the provisions of this article or
    33  the rules and regulations promulgated pursuant thereto.  Each  day  that
    34  failure continues shall constitute a separate violation.
    35    5.  For the purpose of participating in the "animal population control
    36  program" established under section one hundred seventeen-a of this arti-
    37  cle, it shall be a violation punishable as provided in  subdivision  six
    38  of this section, for:
    39    (a)  any  person  to  falsify proof of adoption from a pound, shelter,

    40  duly incorporated society for the  prevention  of  cruelty  to  animals,
    41  humane  society or dog or cat protective association or to falsify proof
    42  of participation in any of the programs enumerated in paragraph  (b)  of
    43  subdivision two of section one hundred seventeen-a of this article;
    44    (b) any person to furnish any licensed veterinarian of this state with
    45  inaccurate  information concerning his or her residency or the ownership
    46  of an animal or such person's authority to submit an animal for a  spay-
    47  ing  or  neutering procedure pursuant to section one hundred seventeen-a
    48  of this article or to knowingly furnish the department or  any  licensed
    49  veterinarian of this state with inaccurate information concerning his or

    50  her  participation in any of the programs enumerated in paragraph (b) of
    51  subdivision two of section one hundred seventeen-a of this article;
    52    (c) any licensed veterinarian to furnish the commissioner  with  false
    53  information concerning an animal sterilization fee schedule or an animal
    54  sterilization  certificate  submitted  pursuant  to  subdivision four of
    55  section one hundred seventeen-a of this article.

        S. 6609--B                         29                         A. 9709--C

     1    6. Any person or veterinarian who violates the provisions of  subdivi-
     2  sion  five  of this section or any rule or regulation promulgated by the
     3  commissioner to carry out the provisions of section one  hundred  seven-

     4  teen-a  of  this article shall be subject to a fine of not more than two
     5  hundred  fifty  dollars  where  prosecuted pursuant to the penal law, or
     6  where prosecuted as an action to recover a civil  penalty  of  not  more
     7  than two hundred fifty dollars.
     8    7.]  Any  person  who  intentionally  refuses,  withholds, or denies a
     9  person, because [they are] he or she is accompanied by an on-duty police
    10  work dog, working search, war, or detection dog as  defined  in  section
    11  one  hundred  eight  of this article, any accommodations, facilities, or
    12  privileges thereof shall be subject to a civil  penalty  of  up  to  two
    13  hundred  dollars  for the first violation and up to four hundred dollars
    14  for each subsequent violation.

    15    5. Any person who for the purpose of participating in the animal popu-
    16  lation control program shall falsify proof of  adoption  from  a  pound,
    17  shelter,  duly  incorporated  society  for  the prevention of cruelty to
    18  animals, duly incorporated humane society or duly  incorporated  dog  or
    19  cat protective association or who shall furnish any licensed veterinari-
    20  an of this state with inaccurate information concerning his or her resi-
    21  dency or the ownership of an animal or such person's authority to submit
    22  an  animal  for a spaying or neutering procedure pursuant to section one
    23  hundred seventeen-a of this article,  and  any  veterinarian  who  shall
    24  furnish  false information concerning animal sterilization fees shall be

    25  guilty of a violation punishable by a fine of not less than two  hundred
    26  fifty dollars where prosecuted pursuant to the penal law, or where pros-
    27  ecuted  as  an  action  to  recover a civil penalty of not more than two
    28  hundred fifty dollars.
    29    § 15. Section 120 of the agriculture and  markets  law,  as  added  by
    30  chapter  220  of the laws of 1978, is renumbered section 119 and amended
    31  to read as follows:
    32    § 119. Disposition of fines. Notwithstanding any  other  provision  of
    33  law, all moneys collected as fines or penalties by any municipality as a
    34  result of any prosecution for violations of the provisions of this arti-
    35  cle  or  any  local law or ordinance and all bail forfeitures by persons
    36  charged with such violations shall be the property of  the  municipality

    37  and  shall  be  paid to the financial officer of such municipality. Such
    38  moneys shall be used only for controlling dogs and enforcing this  arti-
    39  cle and any rule, regulation, or local law or ordinance adopted pursuant
    40  thereto,  including subsidizing the spaying or neutering of dogs and any
    41  facility as authorized under section [one hundred seventeen] one hundred
    42  sixteen of this article used therefor,  and  subsidizing  public  humane
    43  education programs in responsible dog ownership.
    44    §  16.  Section  122  of the agriculture and markets law is renumbered
    45  section 120.
    46    § 17. Section 123 of the agriculture and  markets  law  is  renumbered
    47  section 121.
    48    §  18.  Section  121  of the agriculture and markets law is renumbered
    49  section 123, and subdivisions 1 and 2, as amended by chapter 392 of  the

    50  laws of 2004, are amended to read as follows:
    51    1.  Any person who witnesses an attack or threatened attack, or in the
    52  case of a minor, an adult acting on behalf of such  minor,  may  make  a
    53  complaint  of  an  attack  or threatened attack upon a person, companion
    54  animal as defined in section three hundred fifty of this  chapter,  farm
    55  animal  as  defined  in  [subdivision  twenty-four of] such section [one
    56  hundred eight of this article] three hundred fifty, or a domestic animal

        S. 6609--B                         30                         A. 9709--C
 
     1  as defined in subdivision seven of section one  hundred  eight  of  this
     2  article  to  a  dog control officer or police officer of the appropriate
     3  municipality. Such officer shall immediately inform the  complainant  of

     4  his or her right to commence a proceeding as provided in subdivision two
     5  of  this section and, if there is reason to believe the dog is a danger-
     6  ous dog, the officer shall forthwith commence such proceeding himself or
     7  herself.
     8    2. Any person who witnesses an attack or threatened attack, or in  the
     9  case  of  a minor, an adult acting on behalf of such minor, may, and any
    10  dog control officer or police officer as provided in subdivision one  of
    11  this  section  shall,  make a complaint under oath or affirmation to any
    12  municipal judge or justice of such attack or threatened attack.   There-
    13  upon, the judge or justice shall immediately determine if there is prob-
    14  able cause to believe the dog is a dangerous dog and, if so, shall issue
    15  an  order  to any dog control officer, peace officer, acting pursuant to

    16  his or her special duties, or police officer directing such  officer  to
    17  immediately  seize  such dog and hold the same pending judicial determi-
    18  nation as provided in this section. Whether or not the judge or  justice
    19  finds  there is probable cause for such seizure, he or she shall, within
    20  five days and upon written notice of not less than two days to the owner
    21  of the dog, hold a hearing on the complaint. The petitioner  shall  have
    22  the  burden  at  such  hearing  to prove the dog is a "dangerous dog" by
    23  clear and convincing evidence. If satisfied that the dog is a  dangerous
    24  dog,  the  judge or justice shall then order neutering or spaying of the
    25  dog, microchipping of the dog and one or more of the following as deemed
    26  appropriate under the circumstances and  as  deemed  necessary  for  the
    27  protection of the public:

    28    (a)  evaluation of the dog by a certified applied behaviorist, a board
    29  certified veterinary behaviorist, or another recognized  expert  in  the
    30  field  and completion of training or other treatment as deemed appropri-
    31  ate by such expert. The owner of the dog shall be  responsible  for  all
    32  costs  associated  with  evaluations  and  training  ordered  under this
    33  section;
    34    (b) secure, humane confinement of the dog for a period of time and  in
    35  a  manner  deemed  appropriate  by  the  court but in all instances in a
    36  manner designed to: (1) prevent escape  of  the  dog,  (2)  protect  the
    37  public  from  unauthorized  contact with the dog, and (3) to protect the
    38  dog from the elements pursuant to section three hundred fifty-three-b of
    39  this chapter. Such confinement shall  not  include  lengthy  periods  of
    40  tying or chaining;

    41    (c) restraint of the dog on a leash by an adult of at least twenty-one
    42  years of age whenever the dog is on public premises;
    43    (d)  muzzling  the  dog  whenever it is on public premises in a manner
    44  that will prevent it from biting any person or animal,  but  that  shall
    45  not injure the dog or interfere with its vision or respiration; or
    46    (e)  maintenance  of  a liability insurance policy in an amount deter-
    47  mined by the court, but in no event in excess of  one  hundred  thousand
    48  dollars  for  personal  injury or death resulting from an attack by such
    49  dangerous dog.
    50    § 19. Section 121-a of the agriculture and markets law  is  renumbered
    51  section 123-a.
    52    §  20.  Section 121-b of the agriculture and markets law is renumbered
    53  section 123-b.
    54    § 21. Section 124 of the agriculture and  markets  law  is  renumbered

    55  section 122 and subdivision 1 of such section, as amended by chapter 714
    56  of the laws of 1980, is amended to read as follows:

        S. 6609--B                         31                         A. 9709--C
 
     1    1.  Any municipality may enact a local law or ordinance upon the keep-
     2  ing or running at large of dogs and the  seizure  thereof,  provided  no
     3  municipality  shall  vary, modify, enlarge or restrict the provisions of
     4  this article relating to [identification, licensing,] rabies vaccination
     5  and euthanization.
     6    § 21-a. Section 125 of the agriculture and markets law is REPEALED.
     7    §  22.  Section  126  of  the agriculture and markets law, as added by
     8  chapter 220 of the laws of 1978, is renumbered section 124  and  amended
     9  to read as follows:

    10    § 124. [Duties and powers] Powers of commissioner. [1. The commission-
    11  er shall:
    12    (a) supervise the enforcement of this article;
    13    (b) maintain a central registry of official identification numbers;
    14    (c)  prescribe  the  form of all notices, reports and other papers and
    15  documents required by this article and the rules and regulations promul-
    16  gated pursuant thereto; and
    17    (d) prescribe the manner in which all reports required by this article
    18  and the rules or regulations promulgated thereto are  to  be  filed  and
    19  maintained, and all licenses issued or validated; and
    20    (e)  furnish  all  forms  and other supplies, including identification

    21  tags and preprinted license applications, necessary for the  implementa-
    22  tion  and  enforcement  of  this  article  and the rules and regulations
    23  promulgated pursuant thereto; and
    24    (f) supply, for identification purposes, names and addresses of owners
    25  of record of identified dogs immediately upon request; and
    26    (g) furnish such information and assistance to dog control officers as
    27  he deems necessary for enforcement purposes.
    28    2.] The commissioner is hereby authorized to:
    29    (a) promulgate, after public hearing, such rules  and  regulations  as
    30  are  necessary  to  supplement and give full effect to the provisions of
    31  sections one hundred thirteen, one  hundred  fourteen  and  one  hundred
    32  seventeen of this article; and

    33    (b)  exercise all other powers and functions as are necessary to carry
    34  out the duties and purposes set forth in sections one hundred  thirteen,
    35  one hundred fourteen and one hundred seventeen of this article.
    36    § 23. Subdivision 5 of section 373 of the agriculture and markets law,
    37  as  amended  by  chapter  674 of the laws of 1980, is amended to read as
    38  follows:
    39    5. Nothing herein contained  shall  restrict  the  rights  and  powers
    40  derived  from  section  one hundred [eighteen] seventeen of this chapter
    41  relating to seizure of unlicensed dogs and the disposition to be made of
    42  animals so seized or taken, nor those derived from any other general  or
    43  special  law  relating  to the seizure or other taking of dogs and other
    44  animals by a society for the prevention of cruelty to animals.

    45    § 24. Subparagraph 2 of paragraph b of subdivision 6 of section 373 of
    46  the agriculture and markets law, as amended by chapter 256 of  the  laws
    47  of 1997, is amended to read as follows:
    48    (2)  If the court orders the posting of a security, the security shall
    49  be posted with the clerk of the court within five business days  of  the
    50  hearing  provided  for  in subparagraph one of this paragraph. The court
    51  may order the immediate forfeiture of the seized animal to the  impound-
    52  ing  organization if the person ordered to post the security fails to do
    53  so. Any animal forfeited shall be made available for adoption or euthan-
    54  ized subject to subdivision seven-a of section  one  hundred  [eighteen]
    55  seventeen  of this chapter or section three hundred seventy-four of this
    56  article.


        S. 6609--B                         32                         A. 9709--C
 
     1    § 25. Paragraph (d) of subdivision 2 of section 209-cc of the  general
     2  municipal law, as amended by chapter 392 of the laws of 2004, is amended
     3  to read as follows:
     4    (d)  the  term "dangerous dog" means a dog found dangerous pursuant to
     5  the provisions of section one hundred [twenty-one] twenty-three  of  the
     6  agriculture and markets law.
     7    §  26. Section 97-xx of the state finance law, as added by chapter 473
     8  of the laws of 1995, is amended to read as follows:
     9    § 97-xx. Animal population control fund. 1.  There  is  hereby  estab-
    10  lished in the joint custody of the state comptroller and the commission-
    11  er  of taxation and finance a fund to be known as the "animal population
    12  control fund".

    13    2. Such fund shall consist of all moneys collected pursuant to  [para-
    14  graph  c  of] subdivision [four] three of section one hundred ten of the
    15  agriculture and markets law,  [subdivision  five  of]  and  section  one
    16  hundred  seventeen-a  of  the  agriculture and markets law, [and section
    17  three-a of chapter one hundred fifteen of the laws of  eighteen  hundred
    18  ninety-four,]  and all other moneys credited or transferred thereto from
    19  any other fund or source pursuant to law.
    20    3. Moneys of the fund shall be expended for the purposes  of  carrying
    21  out the provisions of section one hundred seventeen-a of the agriculture
    22  and  markets  law. Moneys shall be paid out of the fund on the audit and
    23  warrant of the state comptroller [on vouchers approved  by  the  commis-

    24  sioner  of agriculture and markets] pursuant to subdivision four of this
    25  section. Any interest received by the comptroller on moneys  on  deposit
    26  in  the  animal  population control fund shall be retained in and become
    27  part of such fund.
    28    4. The comptroller shall disperse the full balance  of  funds  accrued
    29  pursuant  to subdivision two of this section to the administering entity
    30  selected pursuant to subdivision one of section one hundred  seventeen-a
    31  of the agriculture and markets law on a quarterly basis for the purposes
    32  of  administering  the  animal  population  control  program established
    33  pursuant to such section.
    34    § 27. The administrative code of the city of New York  is  amended  by
    35  adding a new section 17-811 to read as follows:

    36    §  17-811  Animal  population  control  program.  The department shall
    37  promulgate rules and regulations to establish and  implement  an  animal
    38  population  control  program  within  one  hundred  eighty days from the
    39  effective date of this section. The purpose of this program shall be  to
    40  reduce  the  population of unwanted stray dogs and cats thereby reducing
    41  potential threats to public health and safety and reducing the costs  of
    42  caring  for  these  animals.  This  program shall seek to accomplish its
    43  purpose by encouraging residents of the city of New  York  who  are  the
    44  owners  of dogs and cats to have them spayed or neutered by providing no
    45  or low-cost spaying and neutering services to such owners.  The  depart-

    46  ment  shall  promulgate  rules and regulations necessary to establish an
    47  animal population control program including, but not limited, to  creat-
    48  ing  clinics  or mobile units where such services shall be performed and
    49  establishing criteria for pet owner eligibility to  use  such  services.
    50  Indicia  of  eligibility  for pet owners seeking no or low-cost spay and
    51  neuter services shall include but not be limited to any criteria  deemed
    52  acceptable  by  the  agencies performing the services.  The commissioner
    53  may solicit and accept funds from the  animal  population  control  fund
    54  established  pursuant  to  section  17-812 of this chapter and any other
    55  public or private source to  help  carry  out  the  provisions  of  this
    56  section.

        S. 6609--B                         33                         A. 9709--C
 
     1    §  28.  The  administrative code of the city of New York is amended by
     2  adding a new section 17-812 to read as follows:
     3    §  17-812  Animal  population  control fund. 1. There is hereby estab-
     4  lished in the joint custody of the city comptroller and commissioner  of
     5  finance a fund to be known as the "animal population control fund" which
     6  shall  be  used  by  the department to subsidize the city's animal popu-
     7  lation control program as established by section 17-811 of this chapter.
     8    2. Such fund shall consist of all moneys  collected  from  the  animal
     9  population  control  program  established  pursuant to section 17-811 of

    10  this chapter and section three-a of chapter one hundred fifteen  of  the
    11  laws  of  eighteen hundred ninety-four, and all other moneys credited or
    12  transferred thereto from any other fund or source pursuant to law.
    13    3. Moneys of the fund shall be made available to  the  department  and
    14  shall  be  expended  for  the purposes of carrying out animal population
    15  control programs pursuant to the provisions of section  17-811  of  this
    16  chapter.  Moneys  shall be paid out of the fund on the audit and warrant
    17  of the city comptroller and approved by the commissioner.  Any  interest
    18  received  by  the  city  comptroller  on moneys on deposit in the animal
    19  population control fund shall be retained in and  become  part  of  such
    20  fund.

    21    §  29.  Section 3-a of chapter 115 of the laws of 1894 relating to the
    22  better protection of lost and  strayed  animals  and  for  securing  the
    23  rights of owners thereof, as amended by chapter 180 of the laws of 2002,
    24  is amended to read as follows:
    25    § 3-a. In addition to the fee charged pursuant to sections one and two
    26  of  this  chapter, any person applying for a dog license shall pay a fee
    27  of three dollars, or such greater amount as determined by the city coun-
    28  cil or the board of health in the code of such city, for  any  dog  four
    29  months  of  age or older which has not been spayed or neutered unless an
    30  owner presents with the license application a statement certified  by  a
    31  licensed  veterinarian  stating  that he or she has examined the dog and
    32  found that because of old age or other reasons,  the  life  of  the  dog

    33  would be endangered by spaying or neutering. All fees collected pursuant
    34  to the provisions of this section shall be forwarded to the [state] city
    35  comptroller  for  deposit  in the animal population control fund created
    36  pursuant to section [97-xx of the state finance law and section 117-a of
    37  the agriculture and markets law] 17-812 of the  administrative  code  of
    38  the city of New York.
    39    §  30. Any unspent moneys collected in prior fiscal years attributable
    40  to dog licensing fees in cities having a population of  two  million  or
    41  more and collected and deposited in the New York state animal population
    42  control fund pursuant to section 97-xx of the state finance law shall be
    43  transferred  to  and  retained  in  the  animal  population control fund

    44  created pursuant to section 17-812 of the  administrative  code  of  the
    45  city of New York as added by section twenty-eight of this act.
    46    §  31. Any funds in the state animal population control fund described
    47  in section 97-xx of the state finance law as of the  effective  date  of
    48  this  act  that  were  derived  from  cities  having a population of two
    49  million or more shall be transferred to the  animal  population  control
    50  fund  as  described  in section 17-812 of the administrative code of the
    51  city of New York as added by section twenty-eight of this  act,  to  the
    52  extent practicable.
    53    §  32.  Section  9  of chapter 115 of the laws of 1894 relating to the
    54  better protection of lost and strayed  animals,  and  for  securing  the
    55  rights of owners thereof, as amended by chapter 473 of the laws of 1995,
    56  is amended to read as follows:


        S. 6609--B                         34                         A. 9709--C
 
     1    §  9.  Any  person or persons, who shall hinder or molest or interfere
     2  with any officer or agent of said society in the performance of any duty
     3  enjoined by this act, or who shall use a license tag on a dog for  which
     4  it  was  not issued, shall be deemed guilty of a misdemeanor. Any person
     5  who  owns or harbors a dog without complying with the provisions of this
     6  act shall be deemed guilty of disorderly conduct,  and  upon  conviction
     7  thereof  before  any  magistrate shall be fined for such offense any sum
     8  not exceeding ten dollars, and in default of payment of such fine may be
     9  committed to prison by such magistrate until the same be paid, but  such
    10  imprisonment  shall  not exceed ten days. Any person who for the purpose
    11  of participating in the "animal population control program" shall falsi-

    12  fy proof of adoption from a pound, shelter,  duly  incorporated  society
    13  for  the  prevention of cruelty to animals, humane society or dog or cat
    14  protective association or who shall furnish any licensed veterinarian of
    15  this state with inaccurate information concerning his or  her  residency
    16  or  the  ownership  of an animal or such person's authority to submit an
    17  animal for a spaying or  neutering  procedure  established  pursuant  to
    18  section  [117-a of the agriculture and markets law] 17-812 of the admin-
    19  istrative code of the city of New York and any  veterinarian  who  shall
    20  furnish  [the  commissioner with] false information concerning an animal
    21  sterilization  fee  schedule  or  an  animal  sterilization  certificate
    22  [submitted pursuant to subdivision 4 of section 117-a of the agriculture

    23  and  markets law] shall be guilty of a violation punishable by a fine of
    24  not more than two hundred fifty dollars where prosecuted pursuant to the
    25  penal law, or where prosecuted as an action to recover a  civil  penalty
    26  of not more than two hundred fifty dollars.
    27    §  33.  This  act shall take effect January 1, 2011; provided, however
    28  that if chapter 479 of the laws of 2009 is not in effect  on  such  date
    29  then section thirteen of this act shall take effect on the same date and
    30  in the same manner as such chapter takes effect.
 
    31                                   PART U
 
    32    Intentionally omitted.
 
    33                                   PART V
 
    34    Section  1.  Notwithstanding  any other law, rule or regulation to the
    35  contrary, expenses of the department of health public service  education
    36  program  incurred  pursuant  to appropriations from the cable television

    37  account of the state miscellaneous special revenue funds shall be deemed
    38  expenses of the department of public service.
    39    § 2. This act shall take effect immediately and  shall  be  deemed  to
    40  have been in full force and effect on and after April 1, 2010.
 
    41                                   PART W
 
    42    Intentionally omitted.
 
    43                                   PART X
 
    44    Intentionally omitted.
 
    45                                   PART Y

        S. 6609--B                         35                         A. 9709--C
 
     1    Section 1. Section 159-i of the executive law, as amended by section 4
     2  of  part  R  of  chapter  59  of the laws of 2009, is amended to read as
     3  follows:
     4    §  159-i.  Distribution of funds. For federal fiscal year two thousand

     5  [ten] eleven at least ninety percent of  the  community  services  block
     6  grant  funds  received  by  the state shall be distributed pursuant to a
     7  contract by the secretary to eligible entities as defined in subdivision
     8  one of section one hundred  fifty-nine-e  of  this  article.  Each  such
     9  eligible  entity shall receive the same proportion of community services
    10  block grant funds as was the proportion of funds received in  the  imme-
    11  diately  preceding  federal  fiscal  year  under  the  federal community
    12  services block grant program as compared to the total amount received by
    13  all eligible entities in the state, under the federal community services
    14  block grant program.
    15    For federal fiscal year two thousand [ten] eleven the secretary shall,
    16  pursuant to section one hundred fifty-nine-h of this article, retain not

    17  more than five percent of the community services block grant  funds  for
    18  administration at the state level.
    19    For federal fiscal year two thousand [ten] eleven the remainder of the
    20  community  services  block  grant  funds  received by the state shall be
    21  distributed pursuant to a contract by the  secretary  in  the  following
    22  order  of  preference:  a  sum  of  up to one-half of one percent of the
    23  community services block grant funds received by  the  state  to  Indian
    24  tribes and tribal organizations as defined in this article, on the basis
    25  of  need;  and  to  community  based organizations. Such remainder funds
    26  received by eligible entities will not be included  in  determining  the
    27  proportion  of  funds  received  by  any  such entity in the immediately
    28  preceding federal fiscal year under the federal community services block
    29  grant program.

    30    § 2. Section 5 of chapter 728 of the laws of 1982, amending the execu-
    31  tive law relating to community services block grant programs, as amended
    32  by section 6 of part R of chapter 59 of the laws of 2009, is amended  to
    33  read as follows:
    34    §  5.  This  act shall take effect immediately provided, however, that
    35  section four hereof shall take  effect  October  1,  1982  and  provided
    36  further, however, that the provisions of sections two, three and four of
    37  this act shall be in full force and effect only until September 30, 1983
    38  and  section  one  of  this  act shall be in full force and effect until
    39  September 30, [2010] 2011, provided, however, that the  distribution  of
    40  funds pursuant to section 159-i of the executive law shall be limited to
    41  the federal fiscal year expressly set forth in such section.

    42    § 3. Section 7 of chapter 710 of the laws of 1983, amending the execu-
    43  tive law relating to community services block grant programs, as amended
    44  by  section 7 of part R of chapter 59 of the laws of 2009, is amended to
    45  read as follows:
    46    § 7. This act shall take effect September 30, 1983  and  shall  be  in
    47  full force and effect only until September 30, [2010] 2011 at which time
    48  the amendments and additions made pursuant to the provisions of this act
    49  shall be deemed to be repealed, provided, however, that the distribution
    50  of funds pursuant to section 159-i of the executive law shall be limited
    51  to the federal fiscal year expressly set forth in such section.
    52    §  4.  This act shall take effect immediately; provided, however, that
    53  the amendments to section 159-i of the executive law made by section one

    54  of this act shall not affect the expiration of such section as  provided
    55  in section 5 of chapter 728 of the laws of 1982, as amended, and section

        S. 6609--B                         36                         A. 9709--C
 
     1  7 of chapter 710 of the laws of 1983, as amended, and shall be deemed to
     2  expire therewith.
 
     3                                   PART Z
 
     4    Intentionally omitted.
 
     5                                   PART AA
 
     6    Intentionally omitted.
 
     7                                   PART BB
 
     8    Section 1. Notwithstanding any law to the contrary, the comptroller is
     9  hereby  authorized  and directed to receive for deposit to the credit of
    10  the general fund the amount of up to $913,000 from the  New  York  state
    11  energy research and development authority.
    12    §  2.  This  act  shall take effect immediately and shall be deemed to

    13  have been in full force and effect on and after April 1, 2010.
 
    14                                   PART CC
 
    15    Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
    16  laws of 2010 to the energy research and development authority, under the
    17  research, development and demonstration program, from the special reven-
    18  ue   funds  -  other/state  operations,  miscellaneous  special  revenue
    19  fund-339, energy research and  planning  account,  and  special  revenue
    20  funds  -  other/aid  to localities, miscellaneous special revenue fund -
    21  339, energy research and  planning  account  shall  be  subject  to  the
    22  provisions  of  this section. Notwithstanding the provisions of subdivi-
    23  sion 4-a of section 18-a of the public service law, all moneys committed
    24  or expended shall be reimbursed by assessment against  gas  corporations

    25  and  electric corporations as defined in section 2 of the public service
    26  law, and the total amount which may be charged to  any  gas  corporation
    27  and  any electric corporation shall not exceed one cent per one thousand
    28  cubic feet of gas sold and .010 cent per  kilowatt-hour  of  electricity
    29  sold  by  such  corporations  in  their intrastate utility operations in
    30  calendar year 2008. Such amounts shall  be  excluded  from  the  general
    31  assessment  provisions  of  subdivision  2 of section 18-a of the public
    32  service law, but shall be billed and paid in the  manner  set  forth  in
    33  such subdivision and upon receipt shall be paid to the state comptroller
    34  for  deposit  in  the  state  treasury  for  credit to the miscellaneous
    35  special revenue fund. The director of  the  budget  shall  not  issue  a
    36  certificate  of  approval with respect to the commitment and expenditure

    37  of moneys hereby appropriated until the chair of  such  authority  shall
    38  have  submitted,  and  the director of the budget shall have approved, a
    39  comprehensive financial plan encompassing all moneys  available  to  and
    40  all  anticipated commitments and expenditures by such authority from any
    41  source for the operations of such  authority.  Copies  of  the  approved
    42  comprehensive  financial  plan  shall  be  immediately  submitted by the
    43  director of the budget to the chairs and secretaries of the  legislative
    44  fiscal committees.
    45    §  2.  This  act  shall take effect immediately and shall be deemed to
    46  have been in full force and effect on and after April 1, 2010.
 
    47                                   PART DD

        S. 6609--B                         37                         A. 9709--C
 

     1    Section 1. Subdivisions 1 and 2 of section  27-1905  of  the  environ-
     2  mental  conservation  law, subdivision 1 as amended by section 1 of part
     3  E1 of chapter 63 of the laws of 2003 and subdivision  2  as  amended  by
     4  chapter 200 of the laws of 2008, are amended to read as follows:
     5    1.  Until  December  thirty-first, two thousand [ten] thirteen, accept
     6  from a customer, waste tires of approximately the same  size  and  in  a
     7  quantity  equal to the number of new tires purchased or installed by the
     8  customer; and
     9    2. Until December thirty-first,  two  thousand  [ten]  thirteen,  post
    10  written notice in a prominent location, which must be at least eight and
    11  one-half  inches  by  fourteen  inches in size and contain the following
    12  language:
    13    "New York State law requires us to accept and manage waste tires  from

    14  vehicles  in  exchange  for an equal number of new tires that we sell or
    15  install. Tire retailers are required to charge a separate  and  distinct
    16  waste tire management and recycling fee of $2.50 for each new tire sold.
    17    The retailers in addition are authorized, at their sole discretion, to
    18  pass  on  waste  tire management and recycling costs to tire purchasers.
    19  Such costs may be included as part of the advertised price  of  the  new
    20  tire,  or  charged  as  a  separate  per-tire charge in an amount not to
    21  exceed $2.50 on each new tire sold."
    22    The written notice shall also contain one of the following  statements
    23  at  the  end  of  the aforementioned language and as part of the notice,
    24  which shall accurately indicate the manner in  which  the  tire  service
    25  charges for waste tire management and recycling costs, and the amount of

    26  any charges that are separately invoiced for such costs:
    27    "Our  waste  tire  management  and recycling costs are included in the
    28  advertised price of each new tire.", or
    29    "We charge a separate per-tire charge of $____ on each new  tire  sold
    30  that  will  be listed on your invoice to cover our waste tire management
    31  and recycling costs."
    32    § 2. Subdivisions 2, 3 and 5 of section 27-1907 of  the  environmental
    33  conservation  law, as added by section 3 of part V1 of chapter 62 of the
    34  laws of 2003, are amended to read as follows:
    35    2. The owner or operator of a noncompliant waste tire stockpile shall,
    36  at the department's request, submit to and/or cooperate with any and all
    37  remedial measures necessary for the abatement of noncompliant waste tire
    38  stockpiles with funds from the waste [tire] management  and  [recycling]

    39  cleanup fund pursuant to section ninety-two-bb of the state finance law.
    40    3.  No later than two years from the effective date of this title, the
    41  department shall publish requests for proposals to seek  contractors  to
    42  prepare whole and mechanically processed waste tires situated at noncom-
    43  pliant  waste  tire  stockpiles  for arrangement in accordance with fire
    44  safety requirements and for removal for appropriate processing,  recycl-
    45  ing  or  beneficial  use.  Disposal  will  be  considered only as a last
    46  option. The expenses of remedial and fire safety activities at a noncom-
    47  pliant waste tire stockpile shall be paid by the person or  persons  who
    48  owned,  operated or maintained the noncompliant waste tire stockpile, or
    49  from the waste [tire] management and [recycling] cleanup fund and  shall

    50  be  a debt recoverable by the state from all persons who owned, operated
    51  or maintained the noncompliant waste tire  stockpile,  and  a  lien  and
    52  charge  may  be placed on the premises upon which the noncompliant waste
    53  tire stockpile is maintained and upon any  real  or  personal  property,
    54  equipment, vehicles, and inventory controlled by such person or persons.
    55  Moneys recovered shall be paid to the waste [tire] management and [recy-

        S. 6609--B                         38                         A. 9709--C

     1  cling] cleanup fund established pursuant to section ninety-two-bb of the
     2  state finance law.
     3    5.  The  department  shall  make all reasonable efforts to recover the
     4  full amount of any funds expended from the waste [tire]  management  and

     5  [recycling] cleanup fund for abatement or remediation through litigation
     6  or cooperative agreements. Any and all moneys recovered, repaid or reim-
     7  bursed  pursuant to this section shall be deposited with the comptroller
     8  and credited to such fund.
     9    § 3. Subdivision 2 of section 27-1911 of the  environmental  conserva-
    10  tion  law, as added by section 3 of part V1 of chapter 62 of the laws of
    11  2003, is amended to read as follows:
    12    2. No moneys from the waste [tire] management and [recycling]  cleanup
    13  fund  shall  be  used to dispose of waste tires in a landfill unless the
    14  department has determined that it is not feasible to convert  the  waste
    15  tires to a beneficial use. Department-approved beneficial uses of scrap-
    16  tire-derived material for leachate collection systems, or gas collection

    17  systems  in  the construction or operation of a landfill are not consid-
    18  ered disposal.
    19    § 4. Subdivisions 1, 2 and 4, the opening paragraph of  subdivision  3
    20  and  paragraph  (a)  of subdivision 6 of section 27-1913 of the environ-
    21  mental conservation law, subdivisions 1, 2 and 4 as amended by section 2
    22  of part E1 of chapter 63 of the laws of 2003, the opening  paragraph  of
    23  subdivision  3  as  amended by section 1 of part E of chapter 686 of the
    24  laws of 2003 and paragraph (a) of subdivision 6 as added by chapter  200
    25  of the laws of 2008, are amended to read as follows:
    26    1.  Until  December thirty-first, two thousand [ten] thirteen, a waste
    27  tire management and recycling fee of two dollars and fifty  cents  shall
    28  be charged on each new tire sold. The fee shall be paid by the purchaser

    29  to  the  tire  service  at the time the new tire or new motor vehicle is
    30  purchased.
    31    The waste tire management and recycling fee does not apply to:
    32    (a) recapped or resold tires;
    33    (b) mail-order sales; or
    34    (c) the sale of new motor vehicle tires to a  person  solely  for  the
    35  purpose  of  resale provided the subsequent retail sale in this state is
    36  subject to such fee.
    37    2. Until December thirty-first, two thousand [ten] thirteen, the  tire
    38  service  shall  collect the waste tire management and recycling fee from
    39  the purchaser at the time of the sale and shall remit such  fee  to  the
    40  department  of  taxation  and  finance  with  the quarterly report filed
    41  pursuant to subdivision three of this section.
    42    (a) The fee imposed shall be stated as an invoice  item  separate  and
    43  distinct from the selling price of the tire.

    44    (b) The tire service shall be entitled to retain an allowance of twen-
    45  ty-five cents per tire from fees collected.
    46    Until  March  thirty-first,  two thousand [eleven] fourteen, each tire
    47  service maintaining a place of business  in  this  state  shall  make  a
    48  return  to  the department of taxation and finance on a quarterly basis,
    49  with the return for December, January, and  February  being  due  on  or
    50  before  the  immediately  following  March  thirty-first; the return for
    51  March, April, and May being due on or before the  immediately  following
    52  June  thirtieth;  the  return for June, July, and August being due on or
    53  before the immediately following September thirtieth; and the return for
    54  September, October, and November being due on or before the  immediately
    55  following December thirty-first.


        S. 6609--B                         39                         A. 9709--C
 
     1    4.  All  waste  tire  management  and  recycling fees collected by the
     2  department of taxation and finance shall be  transferred  to  the  waste
     3  [tire] management and [recycling] cleanup fund pursuant to section nine-
     4  ty-two-bb of the state finance law.
     5    (a)  Until  December  thirty-first,  two  thousand [ten] thirteen, any
     6  additional waste tire management and recycling costs of the tire service
     7  in excess of the amount authorized to be retained pursuant to  paragraph
     8  (b)  of subdivision two of this section may be included in the published
     9  selling price of the new tire, or charged as a separate per-tire  charge
    10  on  each  new  tire sold. When such costs are charged as a separate per-

    11  tire charge: (i) such charge shall be stated as an invoice item separate
    12  and distinct from the selling price of the tire; (ii) the invoice  shall
    13  state  that  the  charge  is  imposed at the sole discretion of the tire
    14  service; and (iii) the amount of such charge shall  reflect  the  actual
    15  cost to the tire service for the management and recycling of waste tires
    16  accepted  by the tire service pursuant to section 27-1905 of this title,
    17  provided however, that in no event shall such charge exceed two  dollars
    18  and fifty cents on each new tire sold.
    19    § 5. The opening paragraph and subdivision 1 of section 27-1915 of the
    20  environmental  conservation  law,  as  added  by section 3 of part V1 of
    21  chapter 62 of the laws of 2003, are amended to read as follows:
    22    [Funds from the waste] Waste tire management and recycling fees  shall

    23  be  deposited  in  the  waste management and cleanup fund established in
    24  section ninety-two-bb of the state finance law, and shall be made avail-
    25  able for the following purposes:
    26    1. costs of the department for the following:
    27    (a) first-year costs:
    28    (i) enumeration and assessment of noncompliant waste tire  stockpiles;
    29  and
    30    (ii)  aerial  reconnaissance  to locate, survey and characterize sites
    31  environmentally, for remote sensing, special analysis and scanning;
    32    (b) abatement of noncompliant waste tire stockpiles; and
    33    (c)  administration  and  enforcement  of  the  requirements  of  this
    34  [section] article, exclusive of titles thirteen and fourteen.
    35    §  6. Section 92-bb of the state finance law, as added by section 4 of

    36  part V1 of chapter 62 of the  laws  of  2003,  is  amended  to  read  as
    37  follows:
    38    §  92-bb.  Waste  [tire]  management  and [recycling] cleanup fund. 1.
    39  There is hereby established in the joint  custody  of  the  state  comp-
    40  troller and the commissioner of the department of taxation and finance a
    41  special fund to be known as the "waste [tire] management and [recycling]
    42  cleanup fund".
    43    2.  The  waste  [tire]  management  and [recycling] cleanup fund shall
    44  consist of all revenue collected from waste tire management and  recycl-
    45  ing  fees  pursuant to section 27-1913 of the environmental conservation
    46  law and any cost recoveries or  other  revenues  collected  pursuant  to
    47  title nineteen of article twenty-seven of the environmental conservation

    48  law, and any other monies deposited into the fund pursuant to law.
    49    3.  Moneys  of  the  fund, following appropriation by the legislature,
    50  shall be used for execution  of  waste  tire  management  and  recycling
    51  pursuant  to title nineteen of article twenty-seven of the environmental
    52  conservation law, and expended for the purposes as set forth in  section
    53  27-1915 of the environmental conservation law.
    54    §  7.  This  act  shall take effect immediately and shall be deemed to
    55  have been in full force and effect on and after April 1, 2010.

        S. 6609--B                         40                         A. 9709--C
 
     1                                   PART EE
 
     2    Intentionally omitted.
 
     3                                   PART FF
 
     4    Intentionally omitted.
 
     5                                   PART GG
 

     6    Intentionally omitted.
 
     7                                   PART HH
 
     8    Intentionally omitted.
 
     9                                   PART II
 
    10    Section  1.  Subdivision  1  of section 235 of the vehicle and traffic
    11  law, as separately amended by sections 1 of chapters 20, 21, 22 and  383
    12  of the laws of 2009, is amended to read as follows:
    13    1.  Notwithstanding any inconsistent provision of any general, special
    14  or local law or administrative code to the contrary, in any  city  which
    15  heretofore  or  hereafter  is  authorized to establish an administrative
    16  tribunal to hear and determine complaints of traffic infractions consti-
    17  tuting parking, standing or stopping violations, or  to  adjudicate  the
    18  liability  of owners for violations of subdivision (d) of section eleven
    19  hundred eleven of this chapter in accordance with section eleven hundred

    20  eleven-a of this chapter, or to adjudicate the liability of  owners  for
    21  violations  of  subdivision (d) of section eleven hundred eleven of this
    22  chapter in accordance with [section] sections eleven hundred eleven-b of
    23  this chapter as added by [section] sections  sixteen  of  [the  chapter]
    24  chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
    25  nine [which amended this subdivision], or to adjudicate the liability of
    26  owners for violations of toll collection regulations as defined  in  and
    27  in  accordance  with the provisions of section two thousand nine hundred
    28  eighty-five of  the  public  authorities  law  and  sections  sixteen-a,
    29  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the

    30  laws of nineteen hundred fifty, or to adjudicate liability of owners  in
    31  accordance  with  section  eleven  hundred  eleven-c of this chapter for
    32  violations of bus lane restrictions as defined  in  such  section,  such
    33  tribunal  and  the  rules  and  regulations  pertaining thereto shall be
    34  constituted in substantial conformance with the following sections.
    35    § 1-a. Section 235 of the  vehicle  and  traffic  law,  as  separately
    36  amended  by  sections  2  of  chapters 20, 21, 22 and 383 of the laws of
    37  2009, is amended to read as follows:
    38    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    39  general, special or local law or administrative code to the contrary, in
    40  any city which heretofore or hereafter is  authorized  to  establish  an
    41  administrative  tribunal  to  hear  and  determine complaints of traffic

    42  infractions constituting parking, standing or stopping violations, or to
    43  adjudicate the liability of owners for violations of subdivision (d)  of
    44  section eleven hundred eleven of this chapter in accordance with section
    45  eleven  hundred eleven-a of this chapter, or to adjudicate the liability
    46  of owners for violations of subdivision (d) of  section  eleven  hundred
    47  eleven  of  this  chapter  in  accordance with [section] sections eleven

        S. 6609--B                         41                         A. 9709--C
 
     1  hundred eleven-b of this chapter as added by [section] sections  sixteen
     2  of [the chapter] chapters twenty, twenty-one, and twenty-two of the laws
     3  of  two thousand nine [which amended this section], or to adjudicate the

     4  liability  of  owners  for  violations of toll collection regulations as
     5  defined in and in accordance with the provisions of section two thousand
     6  nine hundred eighty-five of the  public  authorities  law  and  sections
     7  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
     8  of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
     9  owners in accordance with section eleven hundred eleven-c of this  chap-
    10  ter  for violations of bus lane restrictions as defined in such section,
    11  such tribunal and the rules and regulations pertaining thereto shall  be
    12  constituted in substantial conformance with the following sections.
    13    §  1-b.  Section  235  of  the  vehicle and traffic law, as separately
    14  amended by sections 3 of chapters 20, 21, 22 and  383  of  the  laws  of
    15  2009, is amended to read as follows:

    16    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    17  general, special or local law or administrative code to the contrary, in
    18  any  city  which  heretofore  or hereafter is authorized to establish an
    19  administrative tribunal to hear  and  determine  complaints  of  traffic
    20  infractions constituting parking, standing or stopping violations, or to
    21  adjudicate  the liability of owners for violations of subdivision (d) of
    22  section eleven  hundred  eleven  of  this  chapter  in  accordance  with
    23  [section]  sections  eleven hundred eleven-b of this chapter as added by
    24  [section] sections sixteen of [the chapter] chapters twenty, twenty-one,
    25  and twenty-two of the laws of two  thousand  nine  [which  amended  this

    26  section],  or  to  adjudicate  the liability of owners for violations of
    27  toll collection regulations as defined in and  in  accordance  with  the
    28  provisions  of  section  two  thousand  nine  hundred eighty-five of the
    29  public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
    30  of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
    31  fifty, or to adjudicate liability of owners in accordance  with  section
    32  eleven  hundred  eleven-c  of  this  chapter  for violations of bus lane
    33  restrictions as defined in such section, such tribunal and the rules and
    34  regulations pertaining  thereto  shall  be  constituted  in  substantial
    35  conformance with the following sections.
    36    §  1-c.  Section  235  of  the  vehicle and traffic law, as separately

    37  amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
    38  of 1992, is amended to read as follows:
    39    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    40  general, special or local law or administrative code to the contrary, in
    41  any  city  which  heretofore  or hereafter is authorized to establish an
    42  administrative tribunal to hear  and  determine  complaints  of  traffic
    43  infractions constituting parking, standing or stopping violations, or to
    44  adjudicate  the  liability  of  owners for violations of toll collection
    45  regulations as defined in and  in  accordance  with  the  provisions  of
    46  section  two thousand nine hundred eighty-five of the public authorities
    47  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    48  hundred  seventy-four of the laws of nineteen hundred fifty, or to adju-

    49  dicate liability of owners in accordance  with  section  eleven  hundred
    50  eleven-c  of  this  chapter  for  violations of bus lane restrictions as
    51  defined in such section, such tribunal and  the  rules  and  regulations
    52  pertaining  thereto shall be constituted in substantial conformance with
    53  the following sections.
    54    § 2. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
    55  separately  amended  by sections 4 of chapters 20, 21, 22 and 383 of the
    56  laws of 2009, is amended to read as follows:

        S. 6609--B                         42                         A. 9709--C
 
     1    1. Creation. In any city as hereinbefore or hereafter authorized  such
     2  tribunal  when  created  shall be known as the parking violations bureau
     3  and shall have jurisdiction of traffic infractions  which  constitute  a

     4  parking violation and, where authorized by local law adopted pursuant to
     5  subdivision  (a)  of  section eleven hundred eleven-a of this chapter or
     6  [subdivision] subdivisions (a)  of  [section]  sections  eleven  hundred
     7  eleven-b  of this chapter as added by [section] sections sixteen of [the
     8  chapter] chapters twenty, twenty-one, and twenty-two of the laws of  two
     9  thousand  nine  [which  amended  this subdivision], shall adjudicate the
    10  liability of owners for violations of subdivision (d) of section  eleven
    11  hundred  eleven  of  this chapter in accordance with such section eleven
    12  hundred eleven-a or such [section] sections eleven hundred  eleven-b  as

    13  added  by  [section]  sections sixteen of [the chapter] chapters twenty,
    14  twenty-one, and twenty-two of the  laws  of  two  thousand  nine  [which
    15  amended  this  subdivision] and shall adjudicate the liability of owners
    16  for violations of toll collection  regulations  as  defined  in  and  in
    17  accordance  with  the  provisions  of  section two thousand nine hundred
    18  eighty-five of  the  public  authorities  law  and  sections  sixteen-a,
    19  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    20  laws of nineteen hundred fifty and shall adjudicate liability of  owners
    21  in  accordance  with section eleven hundred eleven-c of this chapter for
    22  violations of bus lane restrictions as defined in such  section.    Such

    23  tribunal,  except  in  a  city with a population of one million or more,
    24  shall also have jurisdiction of abandoned vehicle  violations.  For  the
    25  purposes  of  this  article, a parking violation is the violation of any
    26  law, rule or regulation providing for or regulating the  parking,  stop-
    27  ping or standing of a vehicle. In addition for purposes of this article,
    28  "commissioner" shall mean and include the commissioner of traffic of the
    29  city or an official possessing authority as such a commissioner.
    30    § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
    31  separately  amended  by sections 5 of chapters 20, 21, 22 and 383 of the
    32  laws of 2009, is amended to read as follows:
    33    1. Creation. In any city as hereinbefore or hereafter authorized  such
    34  tribunal  when  created  shall be known as the parking violations bureau

    35  and shall have jurisdiction of traffic infractions  which  constitute  a
    36  parking violation and, where authorized by local law adopted pursuant to
    37  [subdivision]  subdivisions  (a)  of  [section]  sections eleven hundred
    38  eleven-b of this chapter as added by [section] sections sixteen of  [the
    39  chapter]  chapters twenty, twenty-one, and twenty-two of the laws of two
    40  thousand nine [which amended this  subdivision],  shall  adjudicate  the
    41  liability  of owners for violations of subdivision (d) of section eleven
    42  hundred eleven  of  this  chapter  in  accordance  with  such  [section]
    43  sections  eleven hundred eleven-b as added by [section] sections sixteen

    44  of [the chapter] chapters twenty, twenty-one, and twenty-two of the laws
    45  of two thousand nine [which amended this subdivision]; and shall adjudi-
    46  cate liability of owners  in  accordance  with  section  eleven  hundred
    47  eleven-c  of  this  chapter  for  violations of bus lane restrictions as
    48  defined in such section.  For the purposes of this  article,  a  parking
    49  violation  is the violation of any law, rule or regulation providing for
    50  or regulating the parking, stopping or standing of a vehicle.  In  addi-
    51  tion for purposes of this article, "commissioner" shall mean and include
    52  the  commissioner  of  traffic  of  the  city  or an official possessing
    53  authority as such a commissioner.
    54    § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as

    55  added by chapter 715 of the laws of 1972, is amended to read as follows:

        S. 6609--B                         43                         A. 9709--C
 
     1    1. Creation. In any city as hereinbefore or hereafter authorized  such
     2  tribunal  when  created  shall be known as the parking violations bureau
     3  and shall have jurisdiction of traffic infractions  which  constitute  a
     4  parking violation and shall adjudicate liability of owners in accordance
     5  with  section  eleven hundred eleven-c of this chapter for violations of
     6  bus lane restrictions as defined in such section.  For the  purposes  of
     7  this  article,  a parking violation is the violation of any law, rule or
     8  regulation providing for or regulating the parking, stopping or standing
     9  of a vehicle. In addition for purposes of this  article,  "commissioner"

    10  shall  mean  and  include  the commissioner of traffic of the city or an
    11  official possessing authority as such a commissioner.
    12    § 3. Subdivision 11 of section 237 of the vehicle and traffic law,  as
    13  added  by chapter 379 of the laws of 1992, is amended and a new subdivi-
    14  sion 12 is added to read as follows:
    15    11. To adjudicate the liability  of  owners  for  violations  of  toll
    16  collection  regulations  as  defined  in  and  in  accordance  with  the
    17  provisions of section two  thousand  nine  hundred  eighty-five  of  the
    18  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
    19  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
    20  fifty[.];
    21    12.    To  adjudicate  liability  of owners in accordance with section
    22  eleven hundred eleven-c of this  chapter  for  violations  of  bus  lane

    23  restrictions as defined in such section.
    24    §  4.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
    25  traffic law, as separately amended by sections 8 of chapters 20, 21,  22
    26  and 383 of the laws of 2009, is amended to read as follows:
    27    f.  "Notice  of  violation"  means a notice of violation as defined in
    28  subdivision nine of section two hundred thirty-seven  of  this  article,
    29  but shall not be deemed to include a notice of liability issued pursuant
    30  to  authorization  set  forth in section eleven hundred eleven-a of this
    31  chapter or [section] sections eleven hundred eleven-b of this chapter as
    32  added by [section] sections sixteen of [the  chapter]  chapters  twenty,
    33  twenty-one,  and  twenty-two  of  the  laws  of two thousand nine [which

    34  amended this paragraph], and shall not be deemed to include a notice  of
    35  liability  issued  pursuant to section two thousand nine hundred eighty-
    36  five of the public authorities law and sections sixteen-a, sixteen-b and
    37  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    38  hundred  fifty  and shall not be deemed to include a notice of liability
    39  issued pursuant to section eleven hundred eleven-c of this chapter.
    40    § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    41  traffic  law, as separately amended by sections 9 of chapters 20, 21, 22
    42  and 383 of the laws of 2009, is amended to read as follows:
    43    f. "Notice of violation" means a notice of  violation  as  defined  in
    44  subdivision nine of section two hundred thirty-seven of this article but

    45  shall  not be deemed to include a notice of liability issued pursuant to
    46  authorization set forth in [section] sections eleven hundred eleven-b of
    47  this chapter as added by [section] sections  sixteen  of  [the  chapter]
    48  chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
    49  nine [which amended this paragraph] and shall not be deemed to include a
    50  notice of liability issued pursuant to section eleven  hundred  eleven-c
    51  of this chapter.
    52    §  4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
    53  traffic law, as added by chapter 180 of the laws of 1980, is amended  to
    54  read as follows:
    55    f.  "Notice  of  violation"  means a notice of violation as defined in

    56  subdivision nine of section two hundred thirty-seven of this article and

        S. 6609--B                         44                         A. 9709--C
 
     1  shall not be deemed to include a notice of liability issued pursuant  to
     2  section eleven hundred eleven-c of this chapter.
     3    §  5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
     4  law, as separately amended by sections 10 of chapters 20, 21, 22 and 383
     5  of the laws of 2009, are amended to read as follows:
     6    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
     7  violation  enters  a plea of not guilty or a person alleged to be liable
     8  in accordance with section eleven hundred eleven-a of  this  chapter  or
     9  [section]  sections  eleven hundred eleven-b of this chapter as added by

    10  [section] sections sixteen of [the chapter] chapters twenty, twenty-one,
    11  and twenty two of the laws of two  thousand  nine  [which  amended  this
    12  paragraph  subdivision],  for  a violation of subdivision (d) of section
    13  eleven hundred eleven of this chapter contests  such  allegation,  or  a
    14  person alleged to be liable in accordance with the provisions of section
    15  two  thousand  nine hundred eighty-five of the public authorities law or
    16  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    17  seventy-four  of the laws of nineteen hundred fifty, or a person alleged
    18  to be liable in accordance with the provisions of section eleven hundred
    19  eleven-c of this chapter for a violation of a bus  lane  restriction  as

    20  defined  in  such  section  contests  such  allegation, the bureau shall
    21  advise such person personally by such form of first class  mail  as  the
    22  director may direct of the date on which he or she must appear to answer
    23  the  charge at a hearing. The form and content of such notice of hearing
    24  shall be prescribed by the director, and  shall  contain  a  warning  to
    25  advise  the  person  so pleading or contesting that failure to appear on
    26  the date designated, or on  any  subsequent  adjourned  date,  shall  be
    27  deemed  an  admission  of  liability, and that a default judgment may be
    28  entered thereon.
    29    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    30  entered, or the bureau has been notified that an allegation of liability
    31  in  accordance  with  section eleven hundred eleven-a of this chapter or

    32  [section] sections eleven hundred eleven-b of this chapter as  added  by
    33  [section] sections sixteen of [the chapter] chapters twenty, twenty-one,
    34  and  twenty-two  of  the  laws  of two thousand nine [which amended this
    35  subdivision] or an allegation of liability in  accordance  with  section
    36  two  thousand  nine hundred eighty-five of the public authorities law or
    37  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    38  seventy-four  of  the laws of nineteen hundred fifty or an allegation of
    39  liability in accordance with section eleven  hundred  eleven-c  of  this
    40  chapter, is being contested, by a person in a timely fashion and a hear-
    41  ing  upon  the  merits has been demanded, but has not yet been held, the

    42  bureau shall not issue any notice of fine  or  penalty  to  that  person
    43  prior to the date of the hearing.
    44    §  5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    45  fic law, as separately amended by sections 11 of chapters 20, 21, 22 and
    46  383 of the laws of 2009, are amended to read as follows:
    47    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    48  violation  enters  a plea of not guilty or a person alleged to be liable
    49  in accordance with [section] sections eleven hundred  eleven-b  of  this
    50  chapter as added by [section] sections sixteen of [the chapter] chapters
    51  twenty,  twenty-one,  and  twenty-two  of  the laws of two thousand nine
    52  [which amended this subdivision] for a violation of subdivision  (d)  of

    53  section eleven hundred eleven of this chapter, or a person alleged to be
    54  liable  in  accordance  with  the  provisions  of section eleven hundred
    55  eleven-c of this chapter for a violation of a bus  lane  restriction  as
    56  defined  in  such  section  contests  such  allegation, the bureau shall

        S. 6609--B                         45                         A. 9709--C
 
     1  advise such person personally by such form of first class  mail  as  the
     2  director may direct of the date on which he or she must appear to answer
     3  the  charge at a hearing. The form and content of such notice of hearing
     4  shall  be  prescribed  by  the  director, and shall contain a warning to
     5  advise the person so pleading or contesting that failure  to  appear  on
     6  the  date  designated,  or  on  any  subsequent adjourned date, shall be

     7  deemed an admission of liability, and that a  default  judgment  may  be
     8  entered thereon.
     9    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    10  entered, or the bureau has been notified that an allegation of liability
    11  in accordance with [section] sections eleven hundred  eleven-b  of  this
    12  chapter,  as  added by [section] sections sixteen of [the chapter] chap-
    13  ters twenty, twenty-one, and twenty-two of the laws of two thousand nine
    14  [which amended this subdivision],  or  an  allegation  of  liability  in
    15  accordance with section eleven hundred eleven-c of this chapter is being
    16  contested, by a person in a timely fashion and a hearing upon the merits
    17  has been demanded, but has not yet been held, the bureau shall not issue

    18  any  notice  of  fine or penalty to that person prior to the date of the
    19  hearing.
    20    § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    21  fic  law, subdivision 1 as added by chapter 715 of the laws of 1972, and
    22  subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
    23  to read as follows:
    24    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    25  violation  enters  a plea of not guilty or a person alleged to be liable
    26  in accordance with the provisions of section eleven hundred eleven-c  of
    27  this  chapter  for  a  violation of a bus lane restriction as defined in
    28  such section, contests such allegation, the  bureau  shall  advise  such
    29  person  personally  by such form of first class mail as the director may

    30  direct of the date on which he or she must appear to answer  the  charge
    31  at  a  hearing.  The form and content of such notice of hearing shall be
    32  prescribed by the director, and shall contain a warning  to  advise  the
    33  person  so pleading that failure to appear on the date designated, or on
    34  any subsequent adjourned date, shall be deemed an admission  of  liabil-
    35  ity, and that a default judgment may be entered thereon.
    36    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    37  entered, or the bureau has been notified that an allegation of liability
    38  in accordance with section eleven hundred eleven-c of  this  chapter  is
    39  being  contested, by a person in a timely fashion and a hearing upon the
    40  merits has been demanded, but has not yet been held,  the  bureau  shall

    41  not issue any notice of fine or penalty to that person prior to the date
    42  of the hearing.
    43    § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
    44  and  traffic  law,  as separately amended by sections 10 of chapters 20,
    45  21, 22 and 383 of the laws of 2009, are amended to read as follows:
    46    a. Every hearing for the adjudication of a charge of parking violation
    47  or an allegation of liability in accordance with section eleven  hundred
    48  eleven-a of this chapter or in accordance with [section] sections eleven
    49  hundred  eleven-b of this chapter as added by [section] sections sixteen
    50  of [the chapter] chapters twenty, twenty-one, and twenty-two of the laws
    51  of two thousand nine [which amended this paragraph] or an allegation  of

    52  liability  in  accordance with section two thousand nine hundred eighty-
    53  five of the public authorities law or sections sixteen-a, sixteen-b  and
    54  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    55  hundred fifty or an allegation of liability in accordance  with  section
    56  eleven  hundred eleven-c of this chapter, shall be held before a hearing

        S. 6609--B                         46                         A. 9709--C
 
     1  examiner in accordance with rules and  regulations  promulgated  by  the
     2  bureau.
     3    g. A record shall be made of a hearing on a plea of not guilty or of a
     4  hearing  at  which  liability  in accordance with section eleven hundred
     5  eleven-a of this chapter or in accordance with [section] sections eleven

     6  hundred eleven-b of this chapter as added by [section] sections  sixteen
     7  of [the chapter] chapters twenty, twenty-one, and twenty-two of the laws
     8  of two thousand nine [which amended this paragraph] is contested or of a
     9  hearing  at which liability in accordance with section two thousand nine
    10  hundred eighty-five of the public authorities law or sections sixteen-a,
    11  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    12  laws  of  nineteen  hundred  fifty is contested or of a hearing at which
    13  liability in accordance with section eleven  hundred  eleven-c  of  this
    14  chapter  is contested.   Recording devices may be used for the making of
    15  the record.
    16    § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-

    17  cle and traffic law, as separately amended by sections  11  of  chapters
    18  20, 21, 22 and 383 of the laws of 2009, are amended to read as follows:
    19    a. Every hearing for the adjudication of a charge of parking violation
    20  or  an  allegation  of  liability  in accordance with [section] sections
    21  eleven hundred eleven-b of this chapter, as added by [section]  sections
    22  sixteen  of [the chapter] chapters twenty, twenty-one, and twenty-two of
    23  the laws of two thousand nine [which amended this paragraph] or an alle-
    24  gation of liability in accordance with section eleven  hundred  eleven-c
    25  of  this  chapter, shall be held before a hearing examiner in accordance
    26  with rules and regulations promulgated by the bureau.

    27    g. A record shall be made of a hearing on a plea of not guilty or of a
    28  hearing at which liability in accordance with [section] sections  eleven
    29  hundred eleven-b of this chapter, as added by [section] sections sixteen
    30  of [the chapter] chapters twenty, twenty-one, and twenty-two of the laws
    31  of  two  thousand nine [which amended this paragraph] or of a hearing at
    32  which liability in accordance with section eleven  hundred  eleven-c  of
    33  this chapter is contested.  Recording devices may be used for the making
    34  of the record.
    35    § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    36  cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
    37  amended to read as follows:

    38    a. Every hearing for the adjudication of a charge of parking violation
    39  or an allegation of liability in accordance with section eleven  hundred
    40  eleven-c  of  this  chapter  shall  be held before a hearing examiner in
    41  accordance with rules and regulations promulgated by the bureau.
    42    g. A record shall be made of a hearing on a plea of not guilty or of a
    43  hearing at which liability in accordance  with  section  eleven  hundred
    44  eleven-c  of  this  chapter is contested.  Recording devices may be used
    45  for the making of the record.
    46    § 7. Subdivisions 1 and 2 of section 241 of the  vehicle  and  traffic
    47  law, as separately amended by sections 12 of chapters 20, 21, 22 and 383
    48  of the laws of 2009, are amended to read as follows:
    49    1.  The  hearing  examiner  shall make a determination on the charges,

    50  either sustaining or dismissing them. Where the hearing examiner  deter-
    51  mines  that the charges have been sustained he or she may examine either
    52  the prior  parking  violations  record  or  the  record  of  liabilities
    53  incurred  in  accordance  with  section  eleven hundred eleven-a of this
    54  chapter or in accordance with [section] sections eleven hundred eleven-b
    55  of this chapter as added by [section] sections sixteen of [the  chapter]
    56  chapters  twenty, twenty-one, and twenty-two of the laws of two thousand

        S. 6609--B                         47                         A. 9709--C
 
     1  nine [which amended this  subdivision]  or  the  record  of  liabilities
     2  incurred  in  accordance  with section two thousand nine hundred eighty-

     3  five of the public authorities law or sections sixteen-a, sixteen-b  and
     4  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
     5  hundred fifty of the  person  charged,  or  the  record  of  liabilities
     6  incurred  in  accordance  with  section  eleven hundred eleven-c of this
     7  chapter, as applicable prior to rendering a final  determination.  Final
     8  determinations  sustaining  or  dismissing charges shall be entered on a
     9  final determination roll maintained by the bureau together with  records
    10  showing payment and nonpayment of penalties.
    11    2.  Where  an operator or owner fails to enter a plea to a charge of a
    12  parking violation or contest an allegation of  liability  in  accordance
    13  with  section  eleven  hundred eleven-a of this chapter or in accordance

    14  with [section] sections eleven hundred eleven-b of this chapter as added
    15  by [section] sections sixteen of [the chapter] chapters twenty,  twenty-
    16  one, and twenty-two of the laws of two thousand nine [which amended this
    17  subdivision]  or  fails to contest an allegation of liability in accord-
    18  ance with section two thousand nine hundred eighty-five  of  the  public
    19  authorities  law or sections sixteen-a, sixteen-b and sixteen-c of chap-
    20  ter seven hundred seventy-four of the laws of nineteen hundred fifty, or
    21  fails to contest an allegation of liability in accordance  with  section
    22  eleven  hundred  eleven-c of this chapter or fails to appear on a desig-
    23  nated hearing date or subsequent adjourned date or fails after a hearing

    24  to comply with the determination of a hearing examiner, as prescribed by
    25  this article or by rule or regulation of the  bureau,  such  failure  to
    26  plead or contest, appear or comply shall be deemed, for all purposes, an
    27  admission of liability and shall be grounds for rendering and entering a
    28  default  judgment  in an amount provided by the rules and regulations of
    29  the  bureau.  However,  after  the  expiration  of  the  original   date
    30  prescribed  for  entering  a  plea  and before a default judgment may be
    31  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
    32  provisions  of  law notify such operator or owner, by such form of first
    33  class mail as the commission may direct; (1) of the  violation  charged,
    34  or  liability in accordance with section eleven hundred eleven-a of this
    35  chapter or in accordance with [section] sections eleven hundred eleven-b

    36  of this chapter as added by [section] sections sixteen of [the  chapter]
    37  chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
    38  nine [which amended this subdivision] alleged or liability in accordance
    39  with section two thousand nine hundred eighty-five of the public author-
    40  ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
    41  seven hundred seventy-four of the laws of nineteen hundred fifty alleged
    42  or  liability in accordance with section eleven hundred eleven-c of this
    43  chapter, (2) of the impending default judgment, (3) that  such  judgment
    44  will  be  entered in the Civil Court of the city in which the bureau has
    45  been established, or other court of  civil  jurisdiction  or  any  other
    46  place  provided for the entry of civil judgments within the state of New

    47  York, and (4) that a default may  be  avoided  by  entering  a  plea  or
    48  contesting  an allegation of liability in accordance with section eleven
    49  hundred eleven-a  of  this  chapter  or  in  accordance  with  [section]
    50  sections  eleven  hundred eleven-b of this chapter as added by [section]
    51  sections sixteen of [the chapter] chapters twenty, twenty-one, and twen-
    52  ty-two of the laws of two thousand nine [which amended this subdivision]
    53  or contesting an allegation of liability in accordance with section  two
    54  thousand  nine  hundred  eighty-five  of  the  public authorities law or
    55  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    56  seventy-four  of  the  laws  of  nineteen hundred fifty or contesting an


        S. 6609--B                         48                         A. 9709--C
 
     1  allegation of  liability  in  accordance  with  section  eleven  hundred
     2  eleven-c of this chapter, as appropriate, or making an appearance within
     3  thirty days of the sending of such notice. Pleas entered and allegations
     4  contested  within  that  period shall be in the manner prescribed in the
     5  notice and not subject to additional penalty  or  fee.  Such  notice  of
     6  impending  default judgment shall not be required prior to the rendering
     7  and entry thereof in the case of operators or owners who  are  non-resi-
     8  dents  of  the state of New York. In no case shall a default judgment be
     9  rendered or, where required, a notice of impending default  judgment  be
    10  sent,  more  than  two years after the expiration of the time prescribed

    11  for entering a plea or contesting  an  allegation.  When  a  person  has
    12  demanded  a hearing, no fine or penalty shall be imposed for any reason,
    13  prior to the holding of the hearing. If the hearing examiner shall  make
    14  a  determination on the charges, sustaining them, he or she shall impose
    15  no greater penalty  or  fine  than  those  upon  which  the  person  was
    16  originally charged.
    17    §  7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    18  law, as separately amended by sections 13 of chapters 20, 21, 22 and 383
    19  of the laws of 2009, are amended to read as follows:
    20    1. The hearing examiner shall make a  determination  on  the  charges,
    21  either  sustaining or dismissing them. Where the hearing examiner deter-
    22  mines that the charges have been sustained he or she may examine  either
    23  the  prior  parking  violations  record  or  the  record  of liabilities

    24  incurred in accordance with [section] sections eleven  hundred  eleven-b
    25  of  this chapter as added by [section] sections sixteen of [the chapter]
    26  chapters twenty, twenty-one, and twenty-two of the laws of two  thousand
    27  nine  [which  amended  this  subdivision]  of the person charged, or the
    28  record of liabilities incurred in accordance with section eleven hundred
    29  eleven-c of this chapter, as  applicable  prior  to  rendering  a  final
    30  determination.  Final  determinations  sustaining  or dismissing charges
    31  shall be entered on a final determination roll maintained by the  bureau
    32  together with records showing payment and nonpayment of penalties.
    33    2.  Where  an operator or owner fails to enter a plea to a charge of a

    34  parking violation or contest an allegation of  liability  in  accordance
    35  with [section] sections eleven hundred eleven-b of this chapter as added
    36  by  [section] sections sixteen of [the chapter] chapters twenty, twenty-
    37  one, and twenty-two of the laws of two thousand nine [which amended this
    38  subdivision] or fails to contest an allegation of liability  in  accord-
    39  ance  with  section eleven hundred eleven-c of this chapter, or fails to
    40  appear on a designated hearing date  or  subsequent  adjourned  date  or
    41  fails  after  a  hearing  to  comply with the determination of a hearing
    42  examiner, as prescribed by this article or by rule or regulation of  the
    43  bureau,  such  failure  to  plead,  contest,  appear  or comply shall be

    44  deemed, for all purposes, an admission of liability and shall be grounds
    45  for rendering and entering a default judgment in an amount  provided  by
    46  the  rules  and regulations of the bureau. However, after the expiration
    47  of the original date prescribed for entering a plea and before a default
    48  judgment may be rendered, in such case the bureau shall pursuant to  the
    49  applicable provisions of law notify such operator or owner, by such form
    50  of  first  class mail as the commission may direct; (1) of the violation
    51  charged, or liability  in  accordance  with  [section]  sections  eleven
    52  hundred eleven-b of this chapter, as added by [section] sections sixteen
    53  of [the chapter] chapters twenty, twenty-one, and twenty-two of the laws

    54  of  two  thousand nine [which amended this subdivision], or liability in
    55  accordance with section eleven hundred eleven-c of this chapter alleged,
    56  (2) of the impending default judgment, (3) that such  judgment  will  be

        S. 6609--B                         49                         A. 9709--C
 
     1  entered  in  the  Civil  Court  of the city in which the bureau has been
     2  established, or other court of civil jurisdiction  or  any  other  place
     3  provided  for the entry of civil judgments within the state of New York,
     4  and  (4)  that a default may be avoided by entering a plea or contesting
     5  an allegation of liability in accordance with [section] sections  eleven
     6  hundred  eleven-b of this chapter as added by [section] sections sixteen

     7  of [the chapter] chapters twenty, twenty-one, and twenty-two of the laws
     8  of two thousand nine [which amended this subdivision], or contesting  an
     9  allegation  of  liability  in  accordance  with  section  eleven hundred
    10  eleven-c of this chapter as appropriate, or making an appearance  within
    11  thirty days of the sending of such notice. Pleas entered and allegations
    12  contested  within  that  period shall be in the manner prescribed in the
    13  notice and not subject to additional penalty  or  fee.  Such  notice  of
    14  impending  default judgment shall not be required prior to the rendering
    15  and entry thereof in the case of operators or owners who  are  non-resi-
    16  dents  of  the state of New York. In no case shall a default judgment be
    17  rendered or, where required, a notice of impending default  judgment  be

    18  sent,  more  than  two years after the expiration of the time prescribed
    19  for entering a plea or contesting  an  allegation.  When  a  person  has
    20  demanded  a hearing, no fine or penalty shall be imposed for any reason,
    21  prior to the holding of the hearing. If the hearing examiner shall  make
    22  a  determination on the charges, sustaining them, he or she shall impose
    23  no greater penalty  or  fine  than  those  upon  which  the  person  was
    24  originally charged.
    25    §  7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    26  law, subdivision 1 as added by chapter 715  of  the  laws  of  1972  and
    27  subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
    28  to read as follows:
    29    1.  The  hearing  examiner  shall make a determination on the charges,
    30  either sustaining or dismissing them. Where the hearing examiner  deter-

    31  mines  that  the  charges  have been sustained he or she may examine the
    32  prior parking violations record of the person charged, or the record  of
    33  liabilities  incurred in accordance with section eleven hundred eleven-c
    34  of this chapter, as applicable, prior  to  rendering  a  final  determi-
    35  nation.  Final  determinations sustaining or dismissing charges shall be
    36  entered on a final determination roll maintained by the bureau  together
    37  with records showing payment and nonpayment of penalties.
    38    2.  Where  an operator or owner fails to enter a plea to a charge of a
    39  parking violation, or fails to contest an  allegation  of  liability  in
    40  accordance  with  section  eleven  hundred  eleven-c of this chapter, or
    41  fails to appear on a designated hearing  date  or  subsequent  adjourned

    42  date  or  fails  after  a  hearing to comply with the determination of a
    43  hearing examiner, as prescribed by this article or by rule or regulation
    44  of the bureau, such failure to plead, appear or comply shall be  deemed,
    45  for  all  purposes,  an  admission of liability and shall be grounds for
    46  rendering and entering a default judgment in an amount provided  by  the
    47  rules  and  regulations  of the bureau. However, after the expiration of
    48  the original date prescribed for entering a plea and  before  a  default
    49  judgment  may be rendered, in such case the bureau shall pursuant to the
    50  applicable provisions of law notify such operator or owner, by such form
    51  of first class mail as the commission may direct; (1) of  the  violation
    52  charged  or  alleged liability in accordance with section eleven hundred
    53  eleven-c of this chapter, (2) of the  impending  default  judgment,  (3)

    54  that  such  judgment  will  be entered in the Civil Court of the city in
    55  which the bureau has been established, or other court of civil jurisdic-
    56  tion or any other place provided for the entry of civil judgments within

        S. 6609--B                         50                         A. 9709--C
 
     1  the state of New York, and (4) that a default may be avoided by entering
     2  a plea or contesting an  allegation  of  liability  in  accordance  with
     3  section  eleven hundred eleven-c of this chapter or making an appearance
     4  within  thirty  days of the sending of such notice. Pleas entered within
     5  that period shall be in the manner prescribed  in  the  notice  and  not
     6  subject  to  additional penalty or fee. Such notice of impending default
     7  judgment shall not be required prior to the rendering and entry  thereof

     8  in the case of operators or owners who are non-residents of the state of
     9  New  York.  In  no  case  shall a default judgment be rendered or, where
    10  required, a notice of impending default judgment be sent, more than  two
    11  years  after  the expiration of the time prescribed for entering a plea.
    12  When a person has demanded a  hearing,  no  fine  or  penalty  shall  be
    13  imposed  for  any  reason,  prior  to the holding of the hearing. If the
    14  hearing examiner shall make a determination on the  charges,  sustaining
    15  them,  he or she shall impose no greater penalty or fine than those upon
    16  which the person was originally charged.
    17    § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
    18  of the vehicle and traffic law, as separately amended by sections  1  of
    19  chapters 19 and 23 and sections 14 of chapters 20, 21, 22 and 383 of the

    20  laws of 2009, is amended to read as follows:
    21    (i) If at the time of application for a registration or renewal there-
    22  of  there  is  a  certification from a court, parking violations bureau,
    23  traffic and parking violations  agency  or  administrative  tribunal  of
    24  appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
    25  jurisdiction that the registrant or his or her representative failed  to
    26  appear  on the return date or any subsequent adjourned date or failed to
    27  comply with the rules and  regulations  of  an  administrative  tribunal
    28  following  entry  of a final decision in response to a total of three or
    29  more summonses or other process in the aggregate, issued within an eigh-
    30  teen month period, charging either that:  (i)  such  motor  vehicle  was
    31  parked, stopped or standing, or that such motor vehicle was operated for

    32  hire  by  the registrant or his or her agent without being licensed as a
    33  motor vehicle for hire by the appropriate local authority, in  violation
    34  of  any of the provisions of this chapter or of any law, ordinance, rule
    35  or regulation made by a local authority;  or  (ii)  the  registrant  was
    36  liable  in accordance with section eleven hundred eleven-a of this chap-
    37  ter or section eleven hundred eleven-b of this chapter for  a  violation
    38  of  subdivision (d) of section eleven hundred eleven of this chapter; or
    39  (iii) the registrant  was  liable  in  accordance  with  section  eleven
    40  hundred  eleven-c  of  this  chapter  for  a  violation  of  a  bus lane
    41  restriction as as defined in such section, the commissioner  or  his  or
    42  her  agent  shall deny the registration or renewal application until the

    43  applicant provides proof from the court, traffic and parking  violations
    44  agency  or  administrative tribunal wherein the charges are pending that
    45  an appearance or answer has been made or in the case of  an  administra-
    46  tive tribunal that he or she has complied with the rules and regulations
    47  of  said tribunal following entry of a final decision. Where an applica-
    48  tion is denied pursuant to this section, the commissioner may, in his or
    49  her discretion, deny a registration or renewal application to any  other
    50  person  for  the  same  vehicle  and  may deny a registration or renewal
    51  application for any other motor vehicle registered in the  name  of  the
    52  applicant  where  the commissioner has determined that such registrant's
    53  intent has been to evade the purposes of this subdivision and where  the
    54  commissioner has reasonable grounds to believe that such registration or

    55  renewal  will have the effect of defeating the purposes of this subdivi-
    56  sion. Such denial shall only remain in effect as long as  the  summonses

        S. 6609--B                         51                         A. 9709--C
 
     1  remain  unanswered,  or  in  the case of an administrative tribunal, the
     2  registrant fails to comply with  the  rules  and  regulations  following
     3  entry of a final decision.
     4    §  8-a.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
     5  and traffic law, as separately amended by sections 2 of chapters 19  and
     6  23  and  sections 15 of chapters 20, 21, 22 and 383 of the laws of 2009,
     7  is amended to read as follows:
     8    a. If at the time of application for a registration or renewal thereof
     9  there is a certification from a  court  or  administrative  tribunal  of

    10  appropriate  jurisdiction  that  the  registrant or his or her represen-
    11  tative failed to appear on the return date or any  subsequent  adjourned
    12  date  or  failed to comply with the rules and regulations of an adminis-
    13  trative tribunal following entry of a final decision in  response  to  a
    14  total  of  three  or  more  summonses or other process in the aggregate,
    15  issued within an eighteen month period, charging either that:  (i)  such
    16  motor  vehicle was parked, stopped or standing, or that such motor vehi-
    17  cle was operated for hire by the registrant or his or her agent  without
    18  being  licensed  as  a  motor  vehicle for hire by the appropriate local
    19  authority, in violation of any of the provisions of this chapter  or  of
    20  any  law,  ordinance,  rule  or regulation made by a local authority; or
    21  (ii) the registrant was liable in accordance with section eleven hundred

    22  eleven-b of this chapter for a violation of subdivision (d)  of  section
    23  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
    24  liable in accordance with section eleven hundred eleven-c of this  chap-
    25  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
    26  section, the commissioner or his or her agent shall deny  the  registra-
    27  tion  or renewal application until the applicant provides proof from the
    28  court or administrative tribunal wherein the charges are pending that an
    29  appearance or answer has been made or in the case of  an  administrative
    30  tribunal  that  he or she has complied with the rules and regulations of
    31  said tribunal following entry of a final decision. Where an  application
    32  is  denied pursuant to this section, the commissioner may, in his or her

    33  discretion, deny a registration or  renewal  application  to  any  other
    34  person  for  the  same  vehicle  and  may deny a registration or renewal
    35  application for any other motor vehicle registered in the  name  of  the
    36  applicant  where  the commissioner has determined that such registrant's
    37  intent has been to evade the purposes of this subdivision and where  the
    38  commissioner has reasonable grounds to believe that such registration or
    39  renewal  will have the effect of defeating the purposes of this subdivi-
    40  sion. Such denial shall only remain in effect as long as  the  summonses
    41  remain  unanswered,  or  in  the case of an administrative tribunal, the
    42  registrant fails to comply with  the  rules  and  regulations  following
    43  entry of a final decision.
    44    §  8-b.  Paragraph  a of subdivision 5-a of section 401 of the vehicle

    45  and traffic law, as separately amended by chapters 339 and  592  of  the
    46  laws of 1987, is amended to read as follows:
    47    a. If at the time of application for a registration or renewal thereof
    48  there  is  a  certification  from  a court or administrative tribunal of
    49  appropriate jurisdiction that the registrant or  his  or  her  represen-
    50  tative  failed  to appear on the return date or any subsequent adjourned
    51  date or failed to comply with the rules and regulations of  an  adminis-
    52  trative  tribunal  following  entry  of  a final decision in response to
    53  three or more summonses or other  process,  issued  within  an  eighteen
    54  month  period,  charging  that such motor vehicle was parked, stopped or
    55  standing, or that such motor vehicle was operated for hire by the regis-
    56  trant or his or her agent without being licensed as a motor vehicle  for

        S. 6609--B                         52                         A. 9709--C
 
     1  hire  by  the  appropriate  local  authority, in violation of any of the
     2  provisions of this chapter or of any law, ordinance, rule or  regulation
     3  made  by  a  local  authority or the registrant was liable in accordance
     4  with  section eleven hundred eleven-c of this chapter for a violation of
     5  a bus lane restriction as defined in such section, the  commissioner  or
     6  his  or  her  agent  shall  deny the registration or renewal application
     7  until the applicant provides proof  from  the  court  or  administrative
     8  tribunal  wherein  the  charges are pending that an appearance or answer
     9  has been made or in the case of an administrative tribunal  that  he  or

    10  she has complied with the rules and regulations of said tribunal follow-
    11  ing  entry  of a final decision. Where an application is denied pursuant
    12  to this section, the commissioner may, in his or her discretion, deny  a
    13  registration  or  renewal  application  to any other person for the same
    14  vehicle and may deny a registration or renewal application for any other
    15  motor vehicle registered in the name of the applicant where the  commis-
    16  sioner  has  determined  that such registrant's intent has been to evade
    17  the purposes of this subdivision and where the commissioner has  reason-
    18  able  grounds to believe that such registration or renewal will have the
    19  effect of defeating the purposes of this subdivision. Such denial  shall
    20  only  remain in effect as long as the summonses remain unanswered, or in
    21  the case of an administrative tribunal, the registrant fails  to  comply

    22  with the rules and regulations following entry of a final decision.
    23    §  9.  The  vehicle and traffic law is amended by adding a new section
    24  1111-c to read as follows:
    25    § 1111-c. Owner liability for failure of operator to comply  with  bus
    26  lane  restrictions.  (a)  1. Notwithstanding any other provision of law,
    27  the city of New York is hereby authorized and empowered to  establish  a
    28  bus  rapid  transit demonstration program imposing monetary liability on
    29  the owner of a vehicle for failure of an operator thereof to comply with
    30  bus lane restrictions in such city in accordance with the provisions  of
    31  this section. The New York city department of transportation or applica-
    32  ble  mass  transit  agency,  for  purposes of the implementation of such

    33  program, shall operate bus lane photo devices only within such bus rapid
    34  transit demonstration program and on select bus service  lanes  in  such
    35  city.  Such bus lane photo devices may be stationary or mobile and shall
    36  be activated at locations determined by such department  of  transporta-
    37  tion  and/or  on  buses selected by such department of transportation in
    38  consultation with the applicable mass transit agency.
    39    2. Any image or images captured by bus lane  photo  devices  shall  be
    40  inadmissible  in  any disciplinary proceeding convened by the applicable
    41  mass transit agency or any subsidiary thereof and any proceeding  initi-
    42  ated  by the department involving licensure privileges of bus operators.

    43  Any mobile bus lane photo device mounted on  a  bus  shall  be  directed
    44  outwardly  from  such  bus  to  capture  images  of vehicles operated in
    45  violation of bus lane restrictions, and images produced by  such  device
    46  shall  not be used for any other purpose in the absence of a court order
    47  requiring such images to be produced.
    48    3. The city of New York shall adopt and enforce  measures  to  protect
    49  the privacy of drivers, passengers, pedestrians and cyclists whose iden-
    50  tity  and  identifying  information  may be captured by a bus lane photo
    51  device. Such measures shall include:
    52    (i) utilization of necessary technologies to  ensure,  to  the  extent
    53  practicable,  that  images produced by such bus lane photo devices shall

    54  not include images that identify the  driver,  the  passengers,  or  the
    55  contents  of the vehicle, provided, however, that no notice of liability
    56  issued pursuant to this section shall be  dismissed  solely  because  an

        S. 6609--B                         53                         A. 9709--C
 
     1  image  allows  for  the  identification of the driver, the passengers or
     2  other contents of a vehicle;
     3    (ii)  a  prohibition  on the use or dissemination of vehicles' license
     4  plate information and other information and images captured by bus  lane
     5  photo  devices except: (A) as required to establish liability under this
     6  section or collect payment of penalties; (B) as required by court order;
     7  or (C) as otherwise required by law;

     8    (iii)  the  installation  of  signage  at  regular  intervals   within
     9  restricted  bus  lanes  stating  that bus lane photo devices are used to
    10  enforce restrictions on vehicular traffic in bus lanes; and
    11    (iv) oversight procedures to ensure compliance with the aforementioned
    12  privacy protection measures.
    13    4. Within the city of New York, such bus lane photo devices shall only
    14  be operated on designated bus lanes that are select  bus  service  lanes
    15  within the bus rapid transit demonstration program and only during week-
    16  days from 7:00 a.m. to 7:00 p.m.
    17    (b) If the city of New York has established a bus rapid transit demon-
    18  stration  program pursuant to subdivision (a) of this section, the owner

    19  of a vehicle shall be liable for a  penalty  imposed  pursuant  to  this
    20  section  if such vehicle was used or operated with the permission of the
    21  owner, express or implied, in violation of  any  bus  lane  restrictions
    22  that  apply  to  routes  within  such  demonstration  program,  and such
    23  violation is evidenced by information obtained from  a  bus  lane  photo
    24  device;  provided however that no owner of a vehicle shall be liable for
    25  a penalty imposed pursuant to this section where the  operator  of  such
    26  vehicle  has  been convicted of the underlying violation of any bus lane
    27  restrictions.
    28    (c) For purposes of this section, the following terms shall  have  the
    29  following meanings:

    30    1.  "owner"  shall  have the meaning provided in article two-B of this
    31  chapter.
    32    2. "bus lane photo device" shall mean a  device  that  is  capable  of
    33  operating  independently  of  an enforcement officer and produces one or
    34  more images of each vehicle at the time it is in violation of  bus  lane
    35  restrictions.
    36    3.  "bus  lane  restrictions"  shall  mean  restrictions on the use of
    37  designated traffic lanes by vehicles other than buses imposed on  routes
    38  within  a bus rapid transit demonstration program by local law and signs
    39  erected by the department of transportation of a city  that  establishes
    40  such a demonstration program pursuant to this section.
    41    4.  "Bus Rapid Transit Phase I plan" shall mean the following five bus

    42  rapid  transit  routes  as designated by the New York city department of
    43  transportation: Fordham  Road,  First/Second  Avenue,  Nostrand  Avenue,
    44  Thirty-Fourth  Street, Hylan Boulevard, and an undesignated route in the
    45  borough of Queens not to exceed ten miles.  For purposes of the  Fordham
    46  Road  and  First/Second  Avenue  routes, the authorization of this pilot
    47  program is limited to the designated bus lanes as mapped and  posted  on
    48  the  official  metropolitan  transportation authority website as of June
    49  seventeenth, two thousand ten. Such designated bus lanes  shall  not  be
    50  extended,  shifted  to  another  roadway  or  altered  in any other way.
    51  Provided, however, that nothing shall prohibit the alteration  or  addi-

    52  tion of any bus stops within such mapped routes.
    53    5.  "select  bus  service  lane" shall mean a designated bus lane that
    54  includes upgraded signage, enhanced road markings, and minimum bus  stop
    55  spacing, and may include off-board fare payment, traffic signal priority

        S. 6609--B                         54                         A. 9709--C
 
     1  for  buses,  and any other enhancement that increases bus speed or reli-
     2  ability within the "Bus Rapid Transit Phase I" plan.
     3    6.  "bus  rapid  transit  demonstration  program"  shall  mean a pilot
     4  program that operates exclusively on select bus service lanes within the
     5  "Bus Rapid Transit Phase I" plan pursuant  to  this  section.  Provided,

     6  however,  to  utilize  a bus lane photo device pursuant to this program,
     7  the roadway, except for the 34th Street and Nostrand  Avenue  bus  rapid
     8  transit  routes,  must  have  at  least two lanes of traffic in the same
     9  direction in addition to the select bus service lane.
    10    7. "designated bus lane" shall mean  an  exclusive  bus  only  traffic
    11  lane.
    12    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    13  the city in which the charged violation occurred, or a facsimile  there-
    14  of, based upon inspection of photographs, microphotographs, videotape or
    15  other  recorded  images  produced  by  a bus lane photo device, shall be
    16  prima facie evidence of the facts contained  therein.  Any  photographs,

    17  microphotographs,  videotape  or other recorded images evidencing such a
    18  violation shall be available for inspection in any proceeding to adjudi-
    19  cate the liability for such violation pursuant to this section.
    20    (e) An owner liable for a violation of a bus lane restriction  imposed
    21  on  any  route within a bus rapid transit demonstration program shall be
    22  liable for monetary penalties in accordance with a schedule of fines and
    23  penalties promulgated by the parking violations bureau of  the  city  of
    24  New  York;  provided, however, that the monetary penalty for violating a
    25  bus lane restriction shall  not  exceed  one  hundred  fifteen  dollars;
    26  provided,  further,  that  an  owner  shall  be liable for an additional

    27  penalty not to exceed twenty-five dollars for  each  violation  for  the
    28  failure  to  respond to a notice of liability within the prescribed time
    29  period.
    30    (f) An imposition of liability pursuant to this section shall  not  be
    31  deemed  a  conviction  of  an operator and shall not be made part of the
    32  operating record of the person upon whom such liability is imposed,  nor
    33  shall  it be used for insurance purposes in the provision of motor vehi-
    34  cle insurance coverage.
    35    (g) 1. A notice of liability shall be sent by first class mail to each
    36  person alleged to be liable as an owner for a violation of  a  bus  lane
    37  restriction.  Personal  delivery  to  the owner shall not be required. A

    38  manual or automatic record of mailing prepared in the ordinary course of
    39  business shall be prima facie evidence of the facts contained therein.
    40    2. A notice of liability shall contain the name  and  address  of  the
    41  person  alleged  to  be liable as an owner for a violation of a bus lane
    42  restriction, the registration number of the  vehicle  involved  in  such
    43  violation,  the  location  where such violation took place including the
    44  street address or cross streets, one  or  more  images  identifying  the
    45  violation,  the  date  and time of such violation and the identification
    46  number of the bus lane photo device  which  recorded  the  violation  or
    47  other document locator number.

    48    3.  The  notice  of  liability  shall contain information advising the
    49  person charged of the manner and the time in which he or she may contest
    50  the liability alleged in the notice. Such notice of liability shall also
    51  contain a warning to advise the persons charged that failure to  contest
    52  in  the manner and time provided shall be deemed an admission of liabil-
    53  ity and that a default judgment may be entered thereon.
    54    4. The notice of liability shall be prepared and mailed by the  agency
    55  or  agencies  designated  by  the  city of New York, or any other entity

        S. 6609--B                         55                         A. 9709--C
 
     1  authorized by such  city  to  prepare  and  mail  such  notification  of
     2  violation.

     3    5.  Adjudication  of the liability imposed upon owners by this section
     4  shall be by the New York city parking violations bureau.
     5    (h) If an owner of a vehicle receives a notice of  liability  pursuant
     6  to  this  section  for  any  time  period  during which such vehicle was
     7  reported to the police department as having been stolen, it shall  be  a
     8  valid  defense  to  an  allegation of liability for a violation of a bus
     9  lane restriction that the vehicle had been reported  to  the  police  as
    10  stolen  prior to the time the violation occurred and had not been recov-
    11  ered by such time. For purposes of asserting  the  defense  provided  by
    12  this  subdivision  it  shall  be sufficient that a certified copy of the

    13  police report on the stolen vehicle be sent by first class mail  to  the
    14  parking violations bureau of such city.
    15    (i)  1.  An  owner  who  is a lessor of a vehicle to which a notice of
    16  liability was issued pursuant to subdivision (g) of this  section  shall
    17  not  be  liable  for  the  violation of a bus lane restriction, provided
    18  that:
    19    (i) prior to the violation, the lessor has  filed  with  such  parking
    20  violations  bureau  in  accordance  with  the  provisions of section two
    21  hundred thirty-nine of this chapter; and
    22    (ii) within thirty-seven days after receiving notice from such  bureau
    23  of the date and time of a liability, together with the other information

    24  contained  in  the  original  notice of liability, the lessor submits to
    25  such bureau the correct name and address of the lessee  of  the  vehicle
    26  identified  in  the  notice  of liability at the time of such violation,
    27  together with such other additional information contained in the rental,
    28  lease or other contract document, as may be reasonably required by  such
    29  bureau pursuant to regulations that may be promulgated for such purpose.
    30    2.  Failure  to comply with subparagraph (ii) of paragraph one of this
    31  subdivision shall render the lessor liable for the penalty prescribed in
    32  this section.
    33    3. Where the lessor complies with the provisions of paragraph  one  of
    34  this  subdivision,  the  lessee  of  such  vehicle  on  the date of such

    35  violation shall be deemed to be the owner of such vehicle  for  purposes
    36  of this section, shall be subject to liability for such violation pursu-
    37  ant  to this section and shall be sent a notice of liability pursuant to
    38  subdivision (g) of this section.
    39    (j) If the owner liable for a violation of a bus lane restriction  was
    40  not  the operator of the vehicle at the time of the violation, the owner
    41  may maintain an action for indemnification against the operator.
    42    (k) Nothing in this section shall be construed to limit the  liability
    43  of an operator of a vehicle for any violation of bus lane restrictions.
    44    (l)  If  the city of New York adopts a bus rapid transit demonstration
    45  program pursuant to subdivision (a) of this section it  shall  submit  a

    46  report on the results of the use of bus lane photo devices to the gover-
    47  nor, the temporary president of the senate and the speaker of the assem-
    48  bly  by April first, two thousand twelve and every two years thereafter.
    49  Such report shall include, but not be limited to:
    50    1. a description of the locations and/or buses where  bus  lane  photo
    51  devices were used;
    52    2.  the  total  number  of violations recorded on a monthly and annual
    53  basis;
    54    3. the total number of notices of liability issued;
    55    4. the number of fines and total amount of fines paid after the  first
    56  notice of liability;

        S. 6609--B                         56                         A. 9709--C
 

     1    5.  the  number  of violations adjudicated and results of such adjudi-
     2  cations including breakdowns of dispositions made;
     3    6.  the  total amount of revenue realized by such city and any partic-
     4  ipating mass transit agency;
     5    7. the quality of the adjudication process and its results;
     6    8. the total number of cameras by type of camera;
     7    9. the total cost to the city and the total cost to any  participating
     8  mass transit agency; and
     9    10.  a  detailed  report on the bus speeds, reliability, and ridership
    10  before and after implementation of the bus rapid  transit  demonstration
    11  program for each bus route, including current statistics.
    12    §  10.  The  opening  paragraph  and paragraph (c) of subdivision 1 of

    13  section 1809 of the vehicle and traffic law, as  separately  amended  by
    14  sections  4 of chapters 19 and 23 and sections 17 of chapters 20, 21, 22
    15  and 383 of the laws of 2009, are amended to read as follows:
    16    Whenever proceedings in an administrative tribunal or a court of  this
    17  state  result  in  a  conviction  for an offense under this chapter or a
    18  traffic infraction under this chapter, or a local law,  ordinance,  rule
    19  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    20  infraction involving standing, stopping, or  parking  or  violations  by
    21  pedestrians or bicyclists, or other than an adjudication of liability of
    22  an  owner  for  a violation of subdivision (d) of section eleven hundred
    23  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    24  eleven-a  of this chapter, or other than an adjudication of liability of

    25  an owner for a violation of subdivision (d) of  section  eleven  hundred
    26  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    27  eleven-b of this chapter, or other than an  adjudication  in  accordance
    28  with  section eleven hundred eleven-c of this chapter for a violation of
    29  a bus lane restriction as defined in such section, there shall be levied
    30  a crime victim assistance fee and a mandatory surcharge, in addition  to
    31  any  sentence  required  or  permitted  by  law,  in accordance with the
    32  following schedule:
    33    (c) Whenever proceedings in an administrative tribunal or a  court  of
    34  this  state  result  in  a  conviction for an offense under this chapter
    35  other than a crime pursuant to section eleven hundred ninety-two of this
    36  chapter, or a traffic infraction under this chapter,  or  a  local  law,

    37  ordinance,  rule  or  regulation adopted pursuant to this chapter, other
    38  than a traffic infraction involving standing, stopping,  or  parking  or
    39  violations  by  pedestrians or bicyclists, or other than an adjudication
    40  of liability of an owner for a violation of subdivision (d)  of  section
    41  eleven  hundred eleven of this chapter in accordance with section eleven
    42  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
    43  liability  of  an  owner  for  a violation of subdivision (d) of section
    44  eleven hundred eleven of this chapter in accordance with section  eleven
    45  hundred  eleven-b  of this chapter, or other than an infraction pursuant
    46  to article nine of this chapter or other than an adjudication of liabil-
    47  ity of an owner for a violation of toll collection regulations  pursuant
    48  to  section two thousand nine hundred eighty-five of the public authori-

    49  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    50  hundred seventy-four of the laws of nineteen hundred fifty or other than
    51  an adjudication in accordance with section eleven  hundred  eleven-c  of
    52  this  chapter  for  a  violation of a bus lane restriction as defined in
    53  such section, there shall be levied a crime victim assistance fee in the
    54  amount of five dollars and a mandatory surcharge,  in  addition  to  any
    55  sentence  required  or  permitted  by  law,  in the amount of fifty-five
    56  dollars.

        S. 6609--B                         57                         A. 9709--C
 
     1    § 10-a. Subdivision 1 of section 1809 of the vehicle and traffic  law,
     2  as  separately  amended by sections 5 of chapters 19 and 23 and sections

     3  18 of chapters 20, 21, 22 and 383 of the laws of  2009,  is  amended  to
     4  read as follows:
     5    1.  Whenever  proceedings  in an administrative tribunal or a court of
     6  this state result in a conviction for a crime under this  chapter  or  a
     7  traffic  infraction  under this chapter, or a local law, ordinance, rule
     8  or regulation adopted pursuant to this chapter,  other  than  a  traffic
     9  infraction involving standing, stopping, parking or motor vehicle equip-
    10  ment  or violations by pedestrians or bicyclists, or other than an adju-
    11  dication of liability of an owner for a violation of subdivision (d)  of
    12  section eleven hundred eleven of this chapter in accordance with section
    13  eleven  hundred  eleven-a of this chapter, or other than an adjudication
    14  of liability of an owner for a violation of subdivision (d)  of  section
    15  eleven  hundred eleven of this chapter in accordance with section eleven

    16  hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
    17  accordance  with  section  eleven hundred eleven-c of this chapter for a
    18  violation of a bus lane restriction as defined in  such  section,  there
    19  shall  be  levied  a  mandatory  surcharge,  in addition to any sentence
    20  required or permitted by law, in the amount of twenty-five dollars.
    21    § 10-b. Subdivision 1 of section 1809 of the vehicle and traffic  law,
    22  as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
    23  of the laws of 1989, is amended to read as follows:
    24    1. Whenever proceedings in an administrative tribunal or  a  court  of
    25  this  state  result  in a conviction for a crime under this chapter or a
    26  traffic infraction under this chapter other than  a  traffic  infraction
    27  involving  standing,  stopping,  parking  or  motor vehicle equipment or

    28  violations by pedestrians or bicyclists, or other than  an  adjudication
    29  in accordance with section eleven hundred eleven-c of this chapter for a
    30  violation  of  a  bus lane restriction as defined in such section, there
    31  shall be levied a mandatory  surcharge,  in  addition  to  any  sentence
    32  required or permitted by law, in the amount of seventeen dollars.
    33    §  11.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
    34  and traffic law, as separately amended by sections 6 of chapters 19  and
    35  23  and  sections 19 of chapters 20, 21, 22 and 383 of the laws of 2009,
    36  is amended to read as follows:
    37    a. Notwithstanding any other provision of law, whenever proceedings in
    38  a court or  an  administrative  tribunal  of  this  state  result  in  a
    39  conviction for an offense under this chapter, except a conviction pursu-

    40  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    41  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    42  regulation adopted pursuant to this chapter, except a traffic infraction
    43  involving standing, stopping, or parking or violations by pedestrians or
    44  bicyclists, and except an adjudication of liability of an  owner  for  a
    45  violation  of  subdivision  (d) of section eleven hundred eleven of this
    46  chapter in accordance with section eleven hundred eleven-a of this chap-
    47  ter, and except an adjudication of liability of an owner for a violation
    48  of subdivision (d) of section eleven hundred eleven of this  chapter  in
    49  accordance  with  section  eleven  hundred eleven-b of this chapter, and
    50  except  an  adjudication  in  accordance  with  section  eleven  hundred

    51  eleven-c  of  this  chapter  of a violation of a bus lane restriction as
    52  defined in such section, and except an adjudication of liability  of  an
    53  owner for a violation of toll collection regulations pursuant to section
    54  two  thousand  nine hundred eighty-five of the public authorities law or
    55  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    56  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be

        S. 6609--B                         58                         A. 9709--C
 
     1  levied in addition to any sentence, penalty or other surcharge  required
     2  or permitted by law, an additional surcharge of twenty dollars.
     3    §  11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
     4  and traffic law, as added by section 1 of part EE of chapter 56  of  the

     5  laws of 2008, is amended to read as follows:
     6    a. Notwithstanding any other provision of law, whenever proceedings in
     7  a  court  or  an  administrative  tribunal  of  this  state  result in a
     8  conviction for an offense under this chapter, except a conviction pursu-
     9  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    10  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    11  regulation adopted pursuant to this chapter, except a traffic infraction
    12  involving standing, stopping, or parking or violations by pedestrians or
    13  bicyclists,  and  except  an adjudication of liability of an owner for a
    14  violation of subdivision (d) of section eleven hundred  eleven  of  this
    15  chapter in accordance with section eleven hundred eleven-a of this chap-
    16  ter,  and  except  an  adjudication  in  accordance  with section eleven

    17  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
    18  restriction  as  defined  in such section, and except an adjudication of
    19  liability of an owner for a violation  of  toll  collection  regulations
    20  pursuant  to section two thousand nine hundred eighty-five of the public
    21  authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
    22  ter  seven  hundred  seventy-four of the laws of nineteen hundred fifty,
    23  there shall be levied in addition to  any  sentence,  penalty  or  other
    24  surcharge required or permitted by law, an additional surcharge of twen-
    25  ty dollars.
    26    §  12.  Subdivision  2  of  section  87  of the public officers law is
    27  amended by adding a new paragraph (l) to read as follows:
    28    (l) are photographs, microphotographs,  videotape  or  other  recorded

    29  images  produced  by a bus lane photo device prepared under authority of
    30  section eleven hundred eleven-c of the vehicle and traffic law.
    31    § 13.  The purchase or lease of equipment for the  bus  rapid  transit
    32  demonstration  program  established  pursuant  to  section 1111-c of the
    33  vehicle and traffic law shall be subject to the  provisions  of  section
    34  103 of the general municipal law.
    35    §  14.  This act shall take effect on the ninetieth day after it shall
    36  have become a law and shall expire 5 years  after  such  effective  date
    37  when upon such date the provisions of this act shall be deemed repealed;
    38  and provided that any rules and regulations related to this act shall be
    39  promulgated on or before such effective date, provided that:
    40    (a)  the amendments to subdivision 1 of section 235 of the vehicle and

    41  traffic law made by section one of this act  shall  be  subject  to  the
    42  expiration  and reversion of such section pursuant to subdivision (p) of
    43  section 406 of chapter 166 of the laws of 1991, as  amended,  when  upon
    44  such date the provisions of section one-a of this act shall take effect;
    45    (b)  the amendments to section 235 of the vehicle and traffic law made
    46  by section one-a of this act shall be  subject  to  the  expiration  and
    47  reversion  of  such section pursuant to section 17 of chapter 746 of the
    48  laws of 1988, as amended, when upon such date the provisions of  section
    49  one-b of this act shall take effect;
    50    (c)  the amendments to section 235 of the vehicle and traffic law made
    51  by section one-b of this act shall be  subject  to  the  expiration  and
    52  reversion  of  such section pursuant to section 18 of chapter 379 of the

    53  laws of 1992, as amended, when upon such date the provisions of  section
    54  one-c of this act shall take effect;
    55    (d)  the amendments to subdivision 1 of section 236 of the vehicle and
    56  traffic law made by section two of this act  shall  be  subject  to  the

        S. 6609--B                         59                         A. 9709--C
 
     1  expiration  and  reversion of such subdivision pursuant to section 17 of
     2  chapter 746 of the laws of 1988, as amended, when  upon  such  date  the
     3  provisions of section two-a of this act shall take effect;
     4    (e)  the amendments to subdivision 1 of section 236 of the vehicle and
     5  traffic law made by section two-a of this act shall be  subject  to  the
     6  expiration  and  reversion  of such subdivision pursuant to chapters 20,
     7  21, 22 and 383 of the laws of 2009, as amended, when upon such date  the

     8  provisions of section two-b of this act shall take effect;
     9    (f)  the  amendments to paragraph f of subdivision 1 of section 239 of
    10  the vehicle and traffic law made by section four of this  act  shall  be
    11  subject  to  the  expiration and reversion of such paragraph pursuant to
    12  section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
    13  such  date  the  provisions  of  section  four-a  of this act shall take
    14  effect;
    15    (g) the amendments to paragraph f of subdivision 1 of section  239  of
    16  the  vehicle and traffic law made by section four-a of this act shall be
    17  subject to the expiration and reversion of such  paragraph  pursuant  to
    18  chapters  20,  21, 22 and 383 of the laws of 2009, as amended, when upon
    19  such date the provisions of  section  four-b  of  this  act  shall  take
    20  effect;
    21    (h)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the

    22  vehicle and traffic law made by  section  five  of  this  act  shall  be
    23  subject to the expiration and reversion of such subdivisions pursuant to
    24  section  17  of  chapter  746 of the laws of 1988, as amended, when upon
    25  such date the provisions of  section  five-a  of  this  act  shall  take
    26  effect;
    27    (i)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
    28  vehicle and traffic law made by section five-a  of  this  act  shall  be
    29  subject to the expiration and reversion of such subdivisions pursuant to
    30  chapters  20,  21, 22 and 383 of the laws of 2009, as amended, when upon
    31  such date the provisions of  section  five-b  of  this  act  shall  take
    32  effect;
    33    (j)  the  amendments to paragraphs a and g of subdivision 2 of section
    34  240 of the vehicle and traffic law made by section six of this act shall

    35  be subject to the expiration and reversion of such  paragraphs  pursuant
    36  to  section 17 of chapter 746 of the laws of 1988, as amended, when upon
    37  such date the provisions of section six-a of this act shall take effect;
    38    (k) the amendments to paragraphs a and g of subdivision 2  of  section
    39  240  of  the  vehicle  and traffic law made by section six-a of this act
    40  shall be subject to the expiration  and  reversion  of  such  paragraphs
    41  pursuant to chapters 20, 21, 22 and 383 of the laws of 2009, as amended,
    42  when  upon  such  date the provisions of section six-b of this act shall
    43  take effect;
    44    (l) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    45  cle and traffic law made by section seven of this act shall  be  subject
    46  to the expiration and reversion of such subdivisions pursuant to section
    47  17  of  chapter 746 of the laws of 1988, as amended, when upon such date

    48  the provisions of section seven-a of this act shall take effect;
    49    (m) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    50  cle and traffic law made by section seven-a of this act shall be subject
    51  to the expiration and reversion of such subdivisions pursuant  to  chap-
    52  ters  20, 21, 22 and 383 of the laws of 2009, as amended, when upon such
    53  date the provisions of section seven-b of this act shall take effect;
    54    (n) the amendments to subparagraph (i) of paragraph a  of  subdivision
    55  5-a  of section 401 of the vehicle and traffic law made by section eight
    56  of this act shall be subject to the expiration  and  reversion  of  such

        S. 6609--B                         60                         A. 9709--C
 
     1  subparagraph  pursuant to section 17 of chapter 746 of the laws of 1988,

     2  as amended, when upon such date the provisions  of  section  eight-a  of
     3  this act shall take effect;
     4    (o) the amendments to paragraph a of subdivision 5-a of section 401 of
     5  the vehicle and traffic law made by section eight-a of this act shall be
     6  subject  to  the  expiration and reversion of such paragraph pursuant to
     7  chapters 19, 20, 21, 22, 23 and 383 of the laws  of  2009,  as  amended,
     8  when  upon such date the provisions of section eight-b of this act shall
     9  take effect;
    10    (p) the amendments to the  opening  paragraph  and  paragraph  (c)  of
    11  subdivision  1  of  section  1809 of the vehicle and traffic law made by
    12  section ten of this act shall be subject to the expiration and reversion
    13  of such paragraphs pursuant to subdivision (p) of section 406 of chapter
    14  166 of the laws of 1991, section 10 of chapter 19 of the laws  of  2009,

    15  sections  24  of chapters 20 and 383 of the laws of 2009, sections 22 of
    16  chapters 21 and 22 of the laws of 2009 and section 9 of  chapter  23  of
    17  the  laws  of  2009,  as  amended, when upon such date the provisions of
    18  section ten-a of this act shall take effect;
    19    (q) the amendments to subdivision 1 of section 1809 of the vehicle and
    20  traffic law made by section ten-a of this act shall be  subject  to  the
    21  expiration  and  reversion of such subdivision pursuant to section 17 of
    22  chapter 746 of the laws of 1988, section 10 of chapter 19 of the laws of
    23  2009, sections 24 of chapters 20 and 383 of the laws of  2009,  sections
    24  22 of chapters 21 and 22 of the laws of 2009, section 9 of chapter 23 of
    25  the  laws  of  2009,  as  amended, when upon such date the provisions of
    26  section ten-b of this act shall take effect; and

    27    (r) the amendments to paragraph a of subdivision 1 of  section  1809-e
    28  of  the vehicle and traffic law made by section eleven of this act shall
    29  be subject to the expiration and reversion of such paragraph  when  upon
    30  such  date  the  provisions  of  section eleven-a of this act shall take
    31  effect.
 
    32                                   PART JJ
 
    33    Section 1. Section 878 of the public authorities  law  is  amended  by
    34  adding a new subdivision 6 to read as follows:
    35    6. In fulfilling the authority's mission, the board shall work cooper-
    36  atively  and  in  consultation  with  the  department of agriculture and
    37  markets to assure the proper development of regional  market  facilities
    38  in  the  Genesee  Valley  Regional  Market  District.  The board and the

    39  department of agriculture and markets shall jointly develop a  plan  for
    40  the  future  development  and viability of regional market facilities in
    41  the district. Such plan shall include both  short  term  and  long  term
    42  goals  and  objectives  as  well  as  actual  and projected revenues and
    43  expenditures. Such plan shall annually allocate no  less  than  seventy-
    44  five percent of the authority's available funds for the creation, devel-
    45  opment,  and  enhancement of regional market facilities in the district.
    46  For purposes of this subdivision, available funds  shall  mean  the  net
    47  amount   available   after   contractually  obligated  expenditures  are
    48  subtracted from, but not be limited to, cash, cash equivalents,  certif-

    49  icates  of  deposit,  and  other  receivables  available.  The board and
    50  department shall meet annually prior to the  close  of  the  authority's
    51  fiscal  year  to evaluate the effectiveness of the use of funds for that
    52  fiscal year, review the goals and objectives of the plan,  and  properly
    53  prepare  for  the  allocation  and use of such funds for the next fiscal
    54  year. The plan shall be updated annually to make  appropriate  modifica-

        S. 6609--B                         61                         A. 9709--C
 
     1  tions  to  such  plan  for the next fiscal year. Prior to any such funds
     2  being expended, both the board and  the  department  must  approve  such
     3  plan,  its  goals  and  objectives as well as the projected revenues and

     4  proposed allocations.
     5    The  Genesee  Valley Regional Market Authority shall furnish an annual
     6  real estate report detailing all real estate holdings and detailed prop-
     7  erty information, including but not limited to  the  tenants,  important
     8  lease  terms,  rents,  durations  of  leases,  as well as copies of each
     9  lease. Notwithstanding any other provision of law to the  contrary,  the
    10  Genesee  Valley  Regional  Market  Authority  shall furnish all required
    11  reports, audits, and reviews, including the annual real  estate  report,
    12  to all parties enumerated in paragraph (a) of subdivision one of section
    13  twenty-eight  hundred  of  this  chapter as well as to the department of
    14  agriculture and markets, within ninety days after the end of its  fiscal

    15  year.
    16    § 2. Notwithstanding any provision of law to the contrary, the Genesee
    17  Valley  Regional  Market  Authority is authorized and directed to make a
    18  contribution to the state treasury to the credit of the general fund  in
    19  the  amount  of  $12,000,000  by  December  1, 2010, for the fiscal year
    20  commencing April 1, 2010.
    21    § 3. This act shall take effect immediately and  shall  be  deemed  to
    22  have been in full force and effect on and after April 1, 2010.
 
    23                                   PART KK
 
    24    Intentionally omitted.
 
    25                                   PART LL
 
    26    Section  1. The director of the division of the lottery and the chair-
    27  man of the racing and wagering board,  shall,  to  the  greatest  extent
    28  possible,  coordinate and centralize administrative functions, including

    29  but not limited to,  clerical,  payroll,  bookkeeping,  procurement  and
    30  human resource functions in an effort to create greater efficiencies and
    31  cost savings. The director of the division of the lottery and the chair-
    32  man  of  the  racing  and wagering board shall report on the progress of
    33  such shared services initiatives undertaken during  the  2010-11  fiscal
    34  year,  including such savings achieved thereby, as well as the identifi-
    35  cation of future shared services opportunities,  to  the  governor,  the
    36  temporary president of the senate, and the speaker of the assembly on or
    37  before January 1, 2011.
    38    § 2. This act shall take effect immediately.
 
    39                                   PART MM
 
    40    Section  1.  The  economic  development law is amended by adding a new
    41  article 17 to read as follows:
    42                                 ARTICLE 17

    43                         EXCELSIOR JOBS PROGRAM ACT
    44  Section 350. Short title.
    45          351. Statement of legislative findings and declaration.
    46          352. Definitions.
    47          353. Eligibility criteria.
    48          354. Application and approval process.
    49          355. Excelsior jobs program credit.
    50          356. Powers and duties of the commissioner.

        S. 6609--B                         62                         A. 9709--C
 
     1          357. Maintenance of records.
     2          358. Reporting.
     3          359. Cap on tax credit.
     4    §  350.  Short title.  This article shall be known and may be cited as
     5  the "excelsior jobs program act".

     6    § 351. Statement of legislative findings and declaration.  It is here-
     7  by found and declared that New York state needs, as a matter  of  public
     8  policy,  to  create  competitive  financial incentives for businesses to
     9  create jobs and invest in the new economy. The  excelsior  jobs  program
    10  act is created to support the growth of the state's traditional economic
    11  pillars  including  the  manufacturing  and  financial industries and to
    12  ensure that New York emerges as the leader in the knowledge,  technology
    13  and  innovation  based economy. The program will encourage the expansion
    14  in and relocation to New York of businesses in growth industries such as
    15  clean-tech,  broadband,  information  systems,  renewable   energy   and
    16  biotechnology.

    17    This  legislation  creates  the excelsior jobs program, which has four
    18  components: the excelsior jobs tax credit, the excelsior investment  tax
    19  credit,  the  excelsior  research  and  development  tax  credit and the
    20  excelsior real property tax credit.    These  credits  are  designed  to
    21  promote  business  expansion  in New York state and increase jobs in the
    22  new economy. At the same time, the  program  protects  state  taxpayers'
    23  dollars  by  ensuring  that New York provides tax benefits only to busi-
    24  nesses that have created the promised jobs and made the promised invest-
    25  ments.
    26    § 352. Definitions.  For the purposes of this article:
    27    1. "Agriculture" means both  agricultural  production  (establishments

    28  performing  the complete farm or ranch operation, such as farm owner-op-
    29  erators, tenant farm  operators,  and  sharecroppers)  and  agricultural
    30  support  (establishments  that perform one or more activities associated
    31  with farm operation, such as soil preparation, planting, harvesting, and
    32  management, on a contract or fee basis).
    33    2. "Back office operations" means a business function that may include
    34  one or more of the following activities: customer  service,  information
    35  technology  and data processing, human resources, accounting and related
    36  administrative functions.
    37    3. "Benefit-cost ratio" means the following calculation: the numerator
    38  is the sum of (i) the value of all remuneration projected to be paid for

    39  all net new jobs during the period of participation in the program,  and
    40  (ii)  the value of capital investments to be made by the business enter-
    41  prise during the period of participation in the program, and the denomi-
    42  nator is the amount of total tax benefits under this article  that  will
    43  be used and refunded.
    44    4.  "Certificate  of  eligibility"  means  the  document issued by the
    45  department to an applicant that  has  completed  an  application  to  be
    46  admitted  into the excelsior jobs program and has been accepted into the
    47  program by the department. Possession of a  certificate  of  eligibility
    48  does not by itself guarantee the eligibility to claim the tax credit.
    49    5.  "Certificate of tax credit" means the document issued to a partic-

    50  ipant by the department, after the  department  has  verified  that  the
    51  participant has met all applicable eligibility criteria in this article.
    52  The  certificate shall be issued annually if such criteria are satisfied
    53  and shall specify the exact amount of each of the tax credit  components
    54  under  this  article  that  a participant may claim, pursuant to section
    55  three hundred fifty-five of this article, and shall specify the  taxable
    56  year in which such credit may be claimed.

        S. 6609--B                         63                         A. 9709--C
 
     1    6.  "Distribution center" means a large scale facility involving proc-
     2  essing, repackaging and/or movement of finished or  semi-finished  goods

     3  to retail locations across a multi-state area.
     4    7.  "Financial  services  data  centers or financial services customer
     5  back office  operations"  means  operations  that  manage  the  data  or
     6  accounts of existing customers or provide product or service information
     7  and  support  to  customers  of  financial services companies, including
     8  banks, other lenders, securities and commodities  brokers  and  dealers,
     9  investment  banks,  portfolio  managers,  trust  offices,  and insurance
    10  companies.
    11    8. "Investment zone" shall mean an area within the state that had been
    12  designated under paragraph (i) of subdivision (a) and subdivision (d) of
    13  section nine hundred fifty-eight of the general municipal law  that  was

    14  wholly  contained  within  up  to  four distinct and separate contiguous
    15  areas as of the date immediately preceding the date the  designation  of
    16  such  area  expired  pursuant  to section nine hundred sixty-nine of the
    17  general municipal law.
    18    9. "Manufacturing" means the process of  working  raw  materials  into
    19  products  suitable for use or which gives new shapes, new quality or new
    20  combinations to matter which has already gone  through  some  artificial
    21  process  by  the  use  of machinery, tools, appliances, or other similar
    22  equipment.  "Manufacturing" does not include an operation that  involves
    23  only  the  assembly  of  components,  provided, however, the assembly of
    24  motor vehicles or other high value-added products  shall  be  considered

    25  manufacturing.
    26    10. "Net new jobs" means jobs created in this state that:
    27    (a) are new to the state;
    28    (b)  have  not  been transferred from employment with another business
    29  located in this state including from a related person in this state;
    30    (c) are either full-time wage-paying jobs or equivalent to a full-time
    31  wage-paying job requiring at least thirty-five hours per week; and
    32    (d) are filled for more than six months.
    33    11. "Participant" means a business entity that:
    34    (a) has completed an application prescribed by the  department  to  be
    35  admitted into the program;
    36    (b) has been issued a certificate of eligibility by the department;

    37    (c) has demonstrated that it meets the eligibility criteria in section
    38  three  hundred  fifty-three and subdivision two of section three hundred
    39  fifty-four of this article; and
    40    (d) has been certified as a participant by the commissioner.
    41    12. "Preliminary schedule of benefits"  means  the  maximum  aggregate
    42  amount  of  each  component  of the tax credit that a participant in the
    43  excelsior jobs program is eligible to receive pursuant to this  article.
    44  The  schedule  shall indicate the annual amount of each component of the
    45  credit a participant may claim in each of its five years of eligibility.
    46  The preliminary schedule of benefits shall be issued by  the  department
    47  when  the  department  approves  the  application for admission into the

    48  program. The commissioner may amend that  schedule,  provided  that  the
    49  commissioner  complies  with  the  credit  caps in section three hundred
    50  fifty-nine of this article.
    51    13. "Qualified investment" means an investment  in  tangible  property
    52  (including  a building or a structural component of a building) owned by
    53  a business enterprise which:
    54    (a) is depreciable pursuant to section one hundred sixty-seven of  the
    55  internal revenue code;
    56    (b) has a useful life of four years or more;

        S. 6609--B                         64                         A. 9709--C
 
     1    (c)  is  acquired by purchase as defined in section one hundred seven-
     2  ty-nine (d) of the internal revenue code;

     3    (d) has a situs in this state; and
     4    (e) is placed in service in the state on or after the date the certif-
     5  icate of eligibility is issued to the business enterprise.
     6    14. "Regionally significant project" means (a) a manufacturer creating
     7  at  least fifty net new jobs in the state and making significant capital
     8  investment in the state; (b) a business creating at least twenty net new
     9  jobs in agriculture in the state and making significant capital  invest-
    10  ment  in  the state, (c) a financial services firm, distribution center,
    11  or back office operation creating at least three hundred net new jobs in
    12  the state and making significant capital investment in the state, or (d)
    13  a scientific research and development firm creating at least twenty  net

    14  new  jobs in the state, and making significant capital investment in the
    15  state. Other businesses creating three hundred or more net new  jobs  in
    16  the  state and making significant capital investment in the state may be
    17  considered eligible as a regionally significant project by  the  commis-
    18  sioner  as  well. The commissioner shall promulgate regulations pursuant
    19  to section three hundred fifty-six of this  article  to  determine  what
    20  constitutes significant capital investment for each of the project cate-
    21  gories  indicated  in  this  subdivision  and what additional criteria a
    22  business must meet to be eligible as a regionally  significant  project,
    23  including,  but not limited to, whether a business exports a substantial

    24  portion of its products or services outside of the state or outside of a
    25  metropolitan statistical area or county within the state.
    26    15. "Related person" means a "related person" pursuant to subparagraph
    27  (c) of paragraph three of subsection (b) of section four hundred  sixty-
    28  five of the internal revenue code.
    29    16.  "Remuneration"  means wages and benefits paid to an employee by a
    30  participant in the excelsior jobs program.
    31    17. "Research and development expenditures" mean the expenses  of  the
    32  business  enterprise  that  are  qualified  research  expenses under the
    33  federal research and development credit under section forty-one  of  the
    34  internal  revenue  code  and are attributable to activities conducted in

    35  the state.  If the federal research and development credit has  expired,
    36  then the research and development expenditures shall be calculated as if
    37  the  federal research and development credit structure and definition in
    38  effect in federal tax year two thousand nine were still in effect.
    39    18. "Scientific research and development"  means  conducting  research
    40  and  experimental  development  in  the  physical, engineering, and life
    41  sciences, including but not limited to agriculture,  electronics,  envi-
    42  ronmental,  biology,  botany, biotechnology, computers, chemistry, food,
    43  fisheries, forests, geology, health, mathematics,  medicine,  oceanogra-
    44  phy,  pharmacy,  physics, veterinary, and other allied subjects. For the

    45  purposes of this article, scientific research and development  does  not
    46  include medical or veterinary laboratory testing facilities.
    47    19.  "Software  development"  means  the  creation  of  coded computer
    48  instructions and includes new media as defined by  the  commissioner  in
    49  regulations.
    50    §  353. Eligibility criteria.  1. To be a participant in the excelsior
    51  jobs program, a business entity shall operate in New York state predomi-
    52  nantly:
    53    (a) as a financial services data center or a financial  services  back
    54  office operation;
    55    (b) in manufacturing;
    56    (c) in software development and new media;

        S. 6609--B                         65                         A. 9709--C
 

     1    (d) in scientific research and development;
     2    (e) in agriculture;
     3    (f)  in  the  creation  or  expansion of back office operations in the
     4  state;
     5    (g) in a distribution center; or
     6    (h) in an  industry  with  significant  potential  for  private-sector
     7  economic  growth  and  development  in  this state as established by the
     8  commissioner in regulations promulgated pursuant  to  this  article.  In
     9  promulgating  such  regulations  the  commissioner shall include job and
    10  investment criteria.
    11    2. For the purposes of this article, in order to  participate  in  the
    12  excelsior  jobs  program,  a  business entity operating predominantly in

    13  manufacturing must create at least twenty-five net new jobs; a  business
    14  entity  operating  predominately in agriculture must create at least ten
    15  net new jobs; a business entity operating predominantly as  a  financial
    16  service data center or financial services customer back office operation
    17  must create at least one hundred net new jobs; a business entity operat-
    18  ing  predominantly in scientific research and development must create at
    19  least ten net new jobs; a business  entity  operating  predominantly  in
    20  software  development  must create at least ten net new jobs; a business
    21  entity creating or expanding back office operations  or  a  distribution
    22  center in the state must create at least one hundred fifty net new jobs,

    23  notwithstanding  subdivision  four of this section; or a business entity
    24  must be a regionally significant project as defined in this article; or
    25    3. A business entity operating predominantly in one of the  industries
    26  referenced  in  paragraphs  (a)  through  (h) of subdivision one of this
    27  section but which does not meet the job requirements of subdivision  two
    28  of  this  section must have at least fifty full-time job equivalents and
    29  must demonstrate that its benefit-cost ratio is at least ten to one.
    30    4. A not-for-profit business entity, a business entity  whose  primary
    31  function is the provision of services including personal services, busi-
    32  ness  services,  or  the  provision  of utilities, and a business entity

    33  engaged predominantly in the retail or  entertainment  industry,  and  a
    34  company  engaged  in  the generation or distribution of electricity, the
    35  distribution of natural gas, or the production of steam associated  with
    36  the generation of electricity are not eligible to receive the tax credit
    37  described in this article.
    38    5.  A business entity must be in compliance with all worker protection
    39  and environmental laws and regulations. In addition, a  business  entity
    40  may not owe past due state taxes or local property taxes.
    41    §  354.  Application  and approval process.   1. A business enterprise
    42  must submit a completed application as prescribed by  the  commissioner.
    43  An application may be recommended by entities, including but not limited

    44  to,  those  created  pursuant to subdivision (e) of section nine hundred
    45  fifty-seven of the general municipal law.
    46    2. As part of such application, each business enterprise must:
    47    (a) Agree to allow the department of taxation and finance to share its
    48  tax information with the department. However, any information shared  as
    49  a  result  of  this  agreement  shall not be available for disclosure or
    50  inspection under the state freedom of information law.
    51    (b) Agree to allow the department  of  labor  to  share  its  tax  and
    52  employer  information  with  the  department.  However,  any information
    53  shared as a result of this agreement shall not be available for  disclo-
    54  sure or inspection under the state freedom of information law.

    55    (c)  Allow  the  department and its agents access to any and all books
    56  and records the department may require to monitor compliance.

        S. 6609--B                         66                         A. 9709--C
 
     1    (d) Agree to be permanently decertified from the empire zones  program
     2  if  admitted  into  the  excelsior jobs program, effective for the first
     3  taxable year that the business enterprise may claim the  excelsior  jobs
     4  program credit and for all subsequent taxable years.
     5    (e) Provide the following information to the department upon request:
     6    (i)  a  plan outlining the schedule for meeting the job and investment
     7  requirements as set forth in subdivisions two and three of section three

     8  hundred fifty-three of this article.  Such plan must include details  on
     9  job titles and expected salaries;
    10    (ii)  the  prior  three years of federal and state income or franchise
    11  tax returns, unemployment insurance quarterly returns, real property tax
    12  bills and audited financial statements;
    13    (iii) the amount and description of  projected  qualified  investments
    14  for which it plans to claim the excelsior investment tax credit;
    15    (iv)  an  estimate of the portion of any federal research and develop-
    16  ment tax credits, attributable to research  and  development  activities
    17  conducted  in New York state, that it anticipates claiming for the years
    18  it expects to claim the excelsior research and development credit; and

    19    (v) the employer identification or social  security  numbers  for  all
    20  related  persons  to  the applicant, including those of any members of a
    21  limited liability company or partners in a partnership.
    22    (f) Provide a clear and detailed presentation of all  related  persons
    23  to the applicant to assure the department that jobs are not being shift-
    24  ed within the state.
    25    (g)  Certify,  under  penalty  of  perjury,  that it is in substantial
    26  compliance with all environmental, worker protection, and local,  state,
    27  and federal tax laws.
    28    3.  After  reviewing a business enterprise's completed application and
    29  determining that the business enterprise will meet  the  conditions  set

    30  forth in subdivisions two and three of section three hundred fifty-three
    31  of this article, the department may admit the applicant into the program
    32  and  provide  the  applicant  with  a  certificate  of eligibility and a
    33  preliminary schedule of  benefits  by  year  based  on  the  applicant's
    34  projections  as  set forth in its application. This preliminary schedule
    35  of benefits delineates the maximum possible benefits  an  applicant  may
    36  receive.
    37    4.  In order to become a participant in the program, an applicant must
    38  submit evidence of achieving job and  investment  requirements  in  such
    39  form  as  the commissioner may prescribe.  After reviewing such evidence
    40  and finding it sufficient, the department shall certify the applicant as

    41  a participant and issue to that participant a certificate of tax  credit
    42  for  one taxable year. To receive a certificate of tax credit for subse-
    43  quent taxable years, the participant must submit  to  the  department  a
    44  performance  report.   A participant's increase in employment, qualified
    45  investment, or federal research and development tax credit  attributable
    46  to  research  and  development  activities  in  New York state above its
    47  projections listed in its application shall not result in an increase in
    48  tax benefits under this article. However, if the participant's  expendi-
    49  tures are less than the estimated amounts, the credit shall be less than
    50  the estimate.
    51    5.  A participant may claim tax benefits commencing in the first taxa-

    52  ble year that the business enterprise  receives  a  certificate  of  tax
    53  credit  or  the first taxable year listed on its preliminary schedule of
    54  benefits, whichever is later. A participant may claim such benefits  for
    55  the  next  four consecutive taxable years, provided that the participant
    56  demonstrates to the department that it continues to satisfy  the  eligi-

        S. 6609--B                         67                         A. 9709--C
 
     1  bility  criteria  specified in section three hundred fifty-three of this
     2  article and subdivision two of this section in  each  of  those  taxable
     3  years.
     4    §  355.  Excelsior  jobs program credit.  1. Excelsior jobs tax credit

     5  component. A participant in the excelsior jobs program shall be eligible
     6  to claim a credit for each net new job it creates in New York state. The
     7  amount of such credit per job shall be equal to the sum of  the  follow-
     8  ing:  five  percent  of the amount of remuneration equal to or less than
     9  fifty thousand dollars; four percent of the amount  of  remuneration  in
    10  excess  of fifty thousand dollars and equal to or less than seventy-five
    11  thousand dollars; and 1.33 percent of  the  amount  of  remuneration  in
    12  excess  of  seventy-five  thousand dollars.   However, the amount of the
    13  credit for each net new job shall not exceed five thousand dollars.
    14    2. Excelsior investment tax credit component.  A  participant  in  the

    15  excelsior  jobs program shall be eligible to claim a credit on qualified
    16  investments. The credit shall be equal to two percent  of  the  cost  or
    17  other basis for federal income tax purposes of the qualified investment.
    18  A  participant  may  not  claim both the excelsior investment tax credit
    19  component and the investment tax credit set forth in subdivision  twelve
    20  of  section  two hundred ten, subsection (a) of section six hundred six,
    21  or subsection (i) of section fourteen hundred fifty-six of the  tax  law
    22  for  the  same property in any taxable year. In addition, a taxpayer who
    23  or which is qualified to  claim  the  excelsior  investment  tax  credit
    24  component and is also qualified to claim the brownfield tangible proper-

    25  ty  credit  component  under section twenty-one of the tax law may claim
    26  either the excelsior investment tax credit component  or  such  tangible
    27  property  credit  component,  but  not  both with regard to a particular
    28  piece of property. A credit may not be claimed until a  business  enter-
    29  prise  has received a certificate of tax credit, provided that qualified
    30  investments made on or after the issuance of the certificate  of  eligi-
    31  bility  but  before the issuance of the certificate of tax credit to the
    32  business enterprise, may be claimed in the first taxable year for  which
    33  the  business  enterprise  is  allowed  to  claim  the  credit. Expenses
    34  incurred prior to the date the certificate of eligibility is issued  are

    35  not eligible to be included in the calculation of the credit.
    36    3.  Excelsior research and development tax credit component. A partic-
    37  ipant in the excelsior jobs program shall be eligible to claim a  credit
    38  equal  to  ten  percent  of  the  portion  of  the participant's federal
    39  research and development tax credit that relates  to  the  participant's
    40  research and development expenditures in New York state during the taxa-
    41  ble  year.   If the federal research and development credit has expired,
    42  then the research and development expenditures relating to  the  federal
    43  research  and  development  credit shall be calculated as if the federal
    44  research and development credit structure and definition  in  effect  in

    45  two thousand nine were still in effect.
    46    4.  Excelsior real property tax credit. A participant in the excelsior
    47  jobs program who either qualified as a regionally significant project or
    48  is located in an investment zone shall be eligible to claim a credit for
    49  a period of five years. The credit shall be equal to  fifty  percent  of
    50  the  eligible  real  property  taxes on the real property comprising the
    51  regionally significant project or located in the  investment  zone  that
    52  were  assessed and paid in the year immediately prior to application. In
    53  the remaining years the  credit  shall  be  computed  according  to  the
    54  following schedule:
    55    Year  two:  forty  percent of eligible real property taxes on the real

    56  property comprising the regionally significant project or located in the

        S. 6609--B                         68                         A. 9709--C
 
     1  investment zone that were assessed and  paid  in  the  year  immediately
     2  prior to application;
     3    Year three: thirty percent of eligible real property taxes on the real
     4  property comprising the regionally significant project or located in the
     5  investment  zone  that  were  assessed  and paid in the year immediately
     6  prior to application;
     7    Year four: twenty percent of eligible  real  property  taxes  on  real
     8  property comprising the regionally significant project or located in the
     9  investment  zone  that  were  assessed  and paid in the year immediately

    10  prior to application; and
    11    Year five: ten percent of eligible real property  taxes  on  the  real
    12  property comprising the regionally significant project or located in the
    13  investment  zone  that  were  assessed  and paid in the year immediately
    14  prior to application.
    15    For purposes of this credit, the term "eligible real  property  taxes"
    16  shall  have the same meaning as in subdivision (e) of section fifteen of
    17  the tax law, provided that such subdivision (e) shall be read as  if  it
    18  specifically  referenced  the excelsior jobs program and participants in
    19  that program.
    20    5. Refundability of credits.  The tax credit components established in
    21  this section shall be refundable as  provided  in  the  tax  law.  If  a

    22  participant  fails  to satisfy the eligibility criteria in any one year,
    23  it will lose the ability to claim credit for that  year.  The  event  of
    24  such failure shall not extend the original five-year eligibility period.
    25    6.  Claim  of tax credit.  The business enterprise shall be allowed to
    26  claim the credit as prescribed in section thirty-one of the tax law.
    27    § 356. Powers and duties of the commissioner.    1.  The  commissioner
    28  shall  promulgate  regulations  establishing  an application process and
    29  eligibility criteria, that will be applied consistent with the  purposes
    30  of  this  article, so as not to exceed the annual cap on tax credits set
    31  forth in  section  three  hundred  fifty-nine  of  this  article  which,

    32  notwithstanding  any provisions to the contrary in the state administra-
    33  tive procedure act, may be adopted on an emergency basis.
    34    2. The commissioner shall, in  consultation  with  the  department  of
    35  taxation  and finance, develop a certificate of tax credit that shall be
    36  issued by the commissioner to participants.  Participants  must  include
    37  the  certificate  of tax credit with their tax return to receive any tax
    38  benefits under this article.
    39    3. The commissioner shall solely  determine  the  eligibility  of  any
    40  applicant  applying  for  entry  into  the  program and shall remove any
    41  participant from the program for failing to meet any of the requirements
    42  set forth in subdivision two of section three hundred fifty-four of this

    43  article, or for failing to meet the minimum job or  investment  require-
    44  ments  set  forth in subdivisions two and three of section three hundred
    45  fifty-three of this article.
    46    § 357. Maintenance of records.  Each participant shall keep all  rele-
    47  vant  records  for  their  duration  of program participation plus three
    48  years.
    49    § 358. Reporting.   1. Each  participant  must  submit  a  performance
    50  report  annually,  in  such form as the commissioner may require, within
    51  thirty days of the end of their taxable year.
    52    2. The commissioner shall prepare  on  a  quarterly  basis  a  program
    53  report  for  posting on the department's website.  The first report will

    54  be due June thirtieth, two thousand eleven, and every three months ther-
    55  eafter.  Such report shall include, but not be limited to,  the  follow-
    56  ing:  number  of  applicants;  number of participants approved; names of

        S. 6609--B                         69                         A. 9709--C
 
     1  participants; total amount of benefits certified; benefits received  per
     2  participant;  total  number  of  net new jobs created; number of net new
     3  jobs created per participant; aggregate new investment in the state; new
     4  investment  per  participant;  and such other information as the commis-
     5  sioner determines.
     6    § 359. Cap on tax credit.  The total amount of tax credits  listed  on

     7  certificates  of  tax  credit issued by the commissioner for any taxable
     8  year may not exceed the limitations  set  forth  in  this  section.  Any
     9  amount  of tax credits not awarded for a particular taxable year may not
    10  be used by the commissioner to award  tax  credits  in  another  taxable
    11  year.
 
    12  Credit components in the aggregate                With respect to
    13  shall not exceed:                                 taxable years
    14                                                    beginning in:
 
    15  $ 50 million                                      2011
    16  $ 100 million                                     2012
    17  $ 150 million                                     2013

    18  $ 200 million                                     2014
    19  $ 250 million                                     2015
    20  $ 200 million                                     2016
    21  $ 150 million                                     2017
    22  $ 100 million                                     2018
    23  $ 50 million                                      2019
    24    Twenty-five  percent  of  tax credits shall be allocated to businesses
    25  accepted into the program  under  subdivision  three  of  section  three
    26  hundred  fifty-three  of  this  article  and seventy-five percent of tax
    27  credits shall be allocated to businesses accepted into the program under

    28  subdivision two of section three hundred fifty-three of this article.
    29    Provided, however, if by September thirtieth of a calendar  year,  the
    30  department  has  not  allocated  the full amount of credits available in
    31  that year to either: (i) businesses  accepted  into  the  program  under
    32  subdivision  three  of section three hundred fifty-three of this article
    33  or (ii) businesses accepted into the program under  subdivision  two  of
    34  section  three hundred fifty-three of this article, the commissioner may
    35  allocate any remaining tax credits to  businesses  referenced  in  para-
    36  graphs  (i)  and (ii) of this section as needed; provided, however, that
    37  under no circumstances may the statutory cap be exceeded.

    38    § 2. The tax law is amended by adding a new  section  31  to  read  as
    39  follows:
    40    §  31.  Excelsior jobs program credit. (a) General. A taxpayer subject
    41  to tax under article nine-A, twenty-two, thirty-two or  thirty-three  of
    42  this chapter shall be allowed a credit against such tax, pursuant to the
    43  provisions  referenced in subdivision (g) of this section. The amount of
    44  the credit, allowable for up to five consecutive taxable years,  is  the
    45  sum of the following four credit components:
    46    (1) the excelsior jobs tax credit;
    47    (2) the excelsior investment tax credit;
    48    (3) the excelsior research and development tax credit; and
    49    (4) the excelsior real property tax credit.

    50    (b) To be eligible for the excelsior jobs program credit, the taxpayer
    51  shall  have  been issued a "certificate of tax credit" by the department
    52  of economic development pursuant to subdivision four  of  section  three
    53  hundred  fifty-four  of  the economic development law, which certificate
    54  shall set forth the amount of each credit component that may be  claimed

        S. 6609--B                         70                         A. 9709--C
 
     1  for  the taxable year. A taxpayer may claim such credit for five consec-
     2  utive taxable years commencing  in  the  first  taxable  year  that  the
     3  taxpayer  receives a certificate of tax credit or the first taxable year
     4  listed  on its preliminary schedule of benefits, whichever is later. The

     5  taxpayer shall be allowed to claim only the amount listed on the certif-
     6  icate of tax credit for that taxable year.  Such certificate  should  be
     7  attached  to  the taxpayer's return. No cost or expense paid or incurred
     8  by the taxpayer shall be the basis for more than one component  of  this
     9  credit or any other tax credit.
    10    (c)  Election of credit. A taxpayer who or which is qualified to claim
    11  the excelsior investment tax credit component and is also  qualified  to
    12  claim the investment tax credit provided for under subdivision twelve of
    13  section  two  hundred ten, subsection (a) of section six hundred six, or
    14  subsection (i) of section fourteen hundred fifty-six  of  this  chapter,

    15  may  claim  either  the excelsior investment tax credit component or the
    16  investment tax credit, but not both with regard to a particular piece of
    17  property. In addition, a taxpayer who or which is qualified to claim the
    18  excelsior investment tax credit component and is also qualified to claim
    19  the brownfield tangible property credit component under section  twenty-
    20  one of this article, as added by chapter one of the laws of two thousand
    21  three, may claim either the excelsior investment tax credit component or
    22  such  tangible  property credit component, but not both with regard to a
    23  particular piece of  property.  The  election  to  claim  the  excelsior
    24  investment tax credit component, the investment tax credit or the brown-

    25  field  tangible property credit component, with regard to the same prop-
    26  erty, is irrevocable.
    27    (d) Information sharing. Notwithstanding any provision of  this  chap-
    28  ter,  employees  and  officers of the department of economic development
    29  and the department shall be  allowed  and  are  directed  to  share  and
    30  exchange:
    31    (1)  information  derived from tax returns or reports that is relevant
    32  to a  taxpayer's  eligibility  to  participate  in  the  excelsior  jobs
    33  program;
    34    (2)  information  regarding  the component or components of the credit
    35  applied for, allowed, or claimed pursuant to this section and  taxpayers
    36  who are applying for the credit or who are claiming the credit; and

    37    (3)  information  contained  in  or  derived  from  credit claim forms
    38  submitted to the department and  applications  for  admission  into  the
    39  excelsior jobs program.
    40    Other  than  the  information  required  to be contained in the report
    41  issued pursuant to subdivision (e)  of  this  section,  all  information
    42  exchanged between the department of economic development and the depart-
    43  ment  shall not be subject to disclosure or inspection under the state's
    44  freedom of information law.
    45    (e) Excelsior jobs program credit report. (1)  The  commissioner  must
    46  publish  an  excelsior  jobs  program tax credit report annually by June
    47  thirtieth. The first report must be published  by  June  thirtieth,  two
    48  thousand twelve.

    49    (2) The credit report must contain the following information about the
    50  excelsior  jobs program tax credit claimed under this chapter during the
    51  previous calendar year:
    52    (i) the name of each taxpayer claiming a credit; provided however,  if
    53  the  taxpayer  claims  a  credit  because  the taxpayer is a member of a
    54  limited liability company, a partner in a partnership or  a  shareholder
    55  in a subchapter S corporation, the name of each limited liability compa-
    56  ny,  partnership  or  subchapter S corporation earning any of the credit

        S. 6609--B                         71                         A. 9709--C
 
     1  must be included in the report instead of information about the taxpayer
     2  claiming the credit; and

     3    (ii)  the  amount  of  each  credit component earned by each taxpayer;
     4  provided however, if the taxpayer claims a credit because  the  taxpayer
     5  is  a  member of a limited liability company, a partner in a partnership
     6  or a shareholder in a subchapter S corporation,  the  amount  of  credit
     7  earned by each entity must be included in the report instead of informa-
     8  tion about the taxpayer claiming the credit.
     9    (3)  The credit report may also contain any other information received
    10  by the commissioner with regard to the  excelsior  jobs  program  credit
    11  that  the  commissioner  deems to be useful in evaluating the use of the
    12  credit.  The information included in the credit report will be based  on

    13  the  information  filed with the department during the previous calendar
    14  year, to the extent that it is practicable to use that information.
    15    (f) Credit recapture. If a certificate of eligibility or a certificate
    16  of tax credit issued by the department  of  economic  development  under
    17  article  seventeen  of  the  economic development law is revoked by such
    18  department, the amount of credit described in this section  and  claimed
    19  by  the  taxpayer prior to that revocation shall be added back to income
    20  in the taxable year in which any such revocation becomes final.
    21    (g) Cross-references. For application of the credit  provided  for  in
    22  this section, see the following provisions of this chapter:
    23    (1) article 9-A: section 210: subdivision 41.

    24    (2) article 22: section 606: subsection (qq).
    25    (3) article 32: section 1456: subsection (u).
    26    (4) article 33: section 1511: subdivision (y).
    27    § 3. Section 210 of the tax law is amended by adding a new subdivision
    28  41 to read as follows:
    29    41. Excelsior jobs program credit. (a) Allowance of credit. A taxpayer
    30  will  be allowed a credit, to be computed as provided in section thirty-
    31  one of this chapter, against the tax imposed by this article.
    32    (b) Application of credit. The credit allowed under  this  subdivision
    33  for  any  taxable  year may not reduce the tax due for such year to less
    34  than the higher of the amounts prescribed in paragraphs (c) and  (d)  of
    35  subdivision  one  of  this  section.  However,  if  the amount of credit

    36  allowed under this subdivision for any taxable year reduces the  tax  to
    37  such  amount,  any  amount of credit thus not deductible in such taxable
    38  year will be treated as an overpayment of tax to be credited or refunded
    39  in accordance with the provisions of section one thousand eighty-six  of
    40  this  chapter.  Provided,  however,  the provisions of subsection (c) of
    41  section one thousand eighty-eight of this  chapter  notwithstanding,  no
    42  interest will be paid thereon.
    43    §  4. Section 606 of the tax law is amended by adding a new subsection
    44  (qq) to read as follows:
    45    (qq) Excelsior jobs program credit. (1) A taxpayer will be  allowed  a
    46  credit,  to the extent allowed under section thirty-one of this chapter,
    47  against the tax imposed by this article.

    48    (2) Application of credit. If the amount of the credit  allowed  under
    49  this subsection for any taxable year exceeds the taxpayer's tax for such
    50  year, the excess will be treated as an overpayment of tax to be credited
    51  or  refunded  in  accordance  with the provisions of section six hundred
    52  eighty-six of this article, provided, however, that no interest will  be
    53  paid thereon.
    54    §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    55  of the tax law is amended by adding a  new  clause  (xxxi)  to  read  as
    56  follows:

        S. 6609--B                         72                         A. 9709--C
 
     1  (xxxi) Excelsior jobs program tax  Amount of credit under subdivision

     2  credit under subsection (qq)       forty-one of section two hundred ten
     3                                     or under subdivision (u) of section
     4                                     fourteen hundred fifty-six
 
     5    § 6. Section 1456 of the tax law is amended by adding a new subsection
     6  (u) to read as follows:
     7    (u)  Excelsior  jobs  program  tax  credit. (1) Allowance of credit. A
     8  taxpayer will be allowed a credit, to be computed as provided in section
     9  thirty-one of this chapter, against the tax imposed by this article.
    10    (2) The credit allowed under this subsection for any taxable year will
    11  not reduce the tax due for such year to less than the minimum tax  fixed
    12  by  paragraph three of subsection (b) of section fourteen hundred fifty-

    13  five of this article. However, if the amount  of  credit  allowed  under
    14  this subsection for any taxable year reduces the tax to such amount, any
    15  amount of credit thus not deductible in such taxable year will be treat-
    16  ed  as  an  overpayment  of tax to be credited or refunded in accordance
    17  with the provisions of section one thousand eighty-six of this  chapter.
    18  Provided, however, the provisions of subsection (c) of section one thou-
    19  sand  eighty-eight  of this chapter notwithstanding, no interest will be
    20  paid thereon.
    21    § 7. Section 1511 of the tax law is amended by adding a  new  subdivi-
    22  sion (y) to read as follows:
    23    (y)  Excelsior  jobs  program  tax  credit. (1) Allowance of credit. A

    24  taxpayer will be allowed a credit, to be computed as provided in section
    25  thirty-one of this chapter, against the taxes imposed by this article.
    26    (2) Application of credit. The credit allowed under  this  subdivision
    27  for  any  taxable year will not reduce the tax due for such year to less
    28  than the minimum tax fixed by this article. However, if  the  amount  of
    29  credit  allowed  under this subdivision for any taxable year reduces the
    30  tax to such amount, any amount of credit thus  not  deductible  in  such
    31  taxable  year will be treated as an overpayment of tax to be credited or
    32  refunded in accordance with  the  provisions  of  section  one  thousand
    33  eighty-six  of  this  chapter.  Provided,  however,  the  provisions  of

    34  subsection (c) of section one  thousand  eighty-eight  of  this  chapter
    35  notwithstanding, no interest will be paid thereon.
    36    § 8. This act shall take effect July 1, 2010.
 
    37                                   PART NN
 
    38    Section  1.  Subdivision  12 of section 1269 of the public authorities
    39  law, as amended by section 1 of part K of chapter  59  of  the  laws  of
    40  2006, is amended to read as follows:
    41    12.  The  aggregate  principal  amount  of bonds, notes or other obli-
    42  gations issued after the first day of January, nineteen hundred  ninety-
    43  three  by  the authority, the Triborough bridge and tunnel authority and
    44  the New York city transit authority to fund projects contained in  capi-
    45  tal  program  plans  approved  pursuant to section twelve hundred sixty-
    46  nine-b of this  article  for  the  period  nineteen  hundred  ninety-two

    47  through  two  thousand  [nine]  fourteen shall not exceed [twenty-eight]
    48  thirty-four billion eight hundred seventy-seven  million  dollars.  Such
    49  aggregate  principal  amount of bonds, notes or other obligations or the
    50  expenditure thereof shall not be subject to any limitation contained  in
    51  any  other  provision  of law on the principal amount of bonds, notes or
    52  other obligations or the expenditure thereof applicable to the  authori-
    53  ty,  the  Triborough  bridge  and  tunnel authority or the New York city

        S. 6609--B                         73                         A. 9709--C
 
     1  transit authority. The aggregate limitation established by this subdivi-
     2  sion shall not include (i)  obligations  issued  to  refund,  redeem  or
     3  otherwise  repay,  including by purchase or tender, obligations thereto-

     4  fore issued either by the issuer of such refunding obligations or by the
     5  authority,  the New York city transit authority or the Triborough bridge
     6  and tunnel authority, (ii) obligations issued to fund any  debt  service
     7  or other reserve funds for such obligations, (iii) obligations issued or
     8  incurred  to fund the costs of issuance, the payment of amounts required
     9  under bond and note facilities, federal  or  other  governmental  loans,
    10  security  or credit arrangements or other agreements related thereto and
    11  the payment of other financing and related costs  associated  with  such
    12  obligations,  (iv)  an  amount equal to any original issue discount from
    13  the principal amount of such obligations or to fund  capitalized  inter-
    14  est, (v) obligations incurred pursuant to section twelve hundred seven-m
    15  of  this  article,  (vi) obligations incurred to fund the acquisition of

    16  certain buses for the New York city transit authority as identified in a
    17  capital program plan approved pursuant to  chapter  fifty-three  of  the
    18  laws  of  nineteen  hundred  ninety-two,  (vii)  obligations incurred in
    19  connection with the leasing, selling or transferring of  equipment,  and
    20  (viii)  bond anticipation notes or other obligations payable solely from
    21  the proceeds of other bonds, notes or other obligations which  would  be
    22  included  in  the  aggregate  principal  amount  specified  in the first
    23  sentence of this subdivision, whether or  not  additionally  secured  by
    24  revenues  of  the  authority, or any of its subsidiary corporations, New
    25  York city transit authority, or any of its subsidiary  corporations,  or
    26  Triborough bridge and tunnel authority.
    27    § 2. This act shall take effect immediately.
 
    28                                   PART OO
 

    29    Section  1.  Section  83-a of the legislative law, as added by chapter
    30  141 of the laws of 1994, is amended to read as follows:
    31    § 83-a. Legislative commission on critical transportation choices.  1.
    32  (a)  The  legislature  hereby  finds  and declares that the economic and
    33  social well-being of the people of the state are inextricably linked  to
    34  the  quality  of  the  state's transportation services [and further that
    35  said transportation services are heavily dependent upon  energy  sources
    36  or  fuels  of  uncertain  future  supply]  and that the delivery of that
    37  service has grown increasingly expensive for  governmental  agencies  at
    38  all levels as well as for individuals and families in the state.
    39    (b)  Recent  surveys of New York's transportation system indicate that

    40  portions of said system are badly in need of rehabilitation and improve-
    41  ment and such surveys warn that the  transportation  infrastructure  may
    42  begin  to  deteriorate rapidly unless action is taken quickly to prevent
    43  such deterioration. The transportation systems serving  the  regions  of
    44  the  state can be characterized as contributing to or having facilitated
    45  sprawling and inefficient land use patterns and as  a  result  are  also
    46  subject  to  severe  dislocations or disruptions of fuel supplies in the
    47  future, which will affect appreciably the standard of living of all  New
    48  York  residents and call into question the ability to sustain the system
    49  in light of relatively new energy and environmental policy goals.
    50    2. There is hereby created a legislative commission to be known as the

    51  legislative commission on critical transportation choices. Such  commis-
    52  sion  shall  consist  of  ten members to be appointed as follows:  three
    53  members of the senate shall be appointed by the temporary  president  of
    54  the  senate;  three  members  of  the assembly shall be appointed by the

        S. 6609--B                         74                         A. 9709--C
 
     1  speaker of the assembly; two members of the senate shall be appointed by
     2  the minority leader of the senate; and two members of the assembly shall
     3  be appointed by the minority leader of  the  assembly.  From  among  the
     4  members  as  appointed,  a chairman and vice chairman shall be appointed
     5  jointly by the temporary president of the senate and the speaker of  the
     6  assembly. Any vacancy that occurs in the chairmanship, vice chairmanship

     7  or other membership of the commission shall be filled in the same manner
     8  in  which  the  original  appointment  was  made. No member, officer, or
     9  employee of the commission shall be disqualified from holding any  other
    10  public  office  or  employment,  nor shall he forfeit any such office or
    11  employment by reason of his appointment hereunder,  notwithstanding  the
    12  provisions  of  any  general,  special, or local law, ordinance, or city
    13  charter.
    14    3. The commission hereby created shall have the power to:  (a)  recom-
    15  mend  a  statewide  plan of action to meet critical transportation needs
    16  within the state; (b) assess the transportation needs of localities with
    17  respect to various modes of moving people and  goods  and  their  energy
    18  [dependency]  efficiency  and  environmental sustainability thereof; (c)

    19  evaluate probable impact of energy shortages on the ability  to  sustain
    20  the  various  modes  of transportation; (d) identify and study long-term
    21  transportation needs under attenuated energy supplies and  new  environ-
    22  mental  policy  objectives; (e) assess impact of federal and state regu-
    23  lations on transportation systems; (f) evaluate  the  impact  of  public
    24  projects  on existing transportation networks; (g) [coordinate and coop-
    25  erate with other states in the  planning  and  development  of  mutually
    26  beneficial and supportive transportation projects and services including
    27  highways,  bridges,  tunnels, railroad facilities and aviation projects;
    28  (h)] study and assess the future of commercial and private  air  service
    29  and  make  recommendations  for the preservation and improvement of such

    30  service;  [(i)]  (h)  undertake  research  and  develop   proposals   in
    31  connection  with the development of ports, free trade zones, transporta-
    32  tion hubs and facilities related thereto; [(j)] (i)  undertake  research
    33  and  develop  proposals  in  connection  with  safety and safety related
    34  programs in the various transportation modes;  [(k)]  (j)  evaluate  the
    35  short-term and long-term capital needs and operating assistance require-
    36  ments  of  the  state's  public  transit systems; (k) identify and study
    37  potential revenue sources for the dedicated  highway  and  bridge  trust
    38  fund; (l) cooperate with local, state and federal officials in the anal-
    39  ysis  of  possible  changes  in  rules, regulations and laws relating to

    40  transportation;   [and]   (m)   assess    the    relationship    between
    41  transportation,  the  environment  and  long  term, sustainable economic
    42  development; (n) research and evaluate proposals related to the federal,
    43  state and local government organizational environment  with  respect  to
    44  planning,  design  and construction of transportation programs, projects
    45  and services; and (o) evaluate the transportation system in light of the
    46  current social, economic and environmental regulatory climate  including
    47  but  not  limited to energy efficiency, air quality, quality communities
    48  or smart growth objectives, environmental  justice,  sustainability  and
    49  costs per household.
    50    4.  The commission may employ and at pleasure remove such personnel as

    51  it may deem necessary for the performance of the commission's  functions
    52  and  fix  their  compensation  within the amount appropriated [therefor]
    53  therefore.   The commission may hold public  and  private  hearings  and
    54  otherwise  have  all of the powers of a legislative committee under this
    55  chapter. The members of the commission shall receive no compensation for

        S. 6609--B                         75                         A. 9709--C
 
     1  their services but shall be allowed their actual and necessary  expenses
     2  incurred in the performance of their duties hereunder.
     3    5.  Employees of the commission shall be considered to be employees of
     4  the legislature for all purposes.
     5    6. The commission may request and shall receive from any  subdivision,
     6  department,  board,  bureau, commission, office, agency or other instru-

     7  mentality of the state or of any  political  subdivision  thereof,  such
     8  facilities,  assistance  and data as it deems necessary or desirable for
     9  the proper execution of its powers and duties.
    10    7. The commission is hereby authorized and empowered to make and  sign
    11  any  agreements,  and  to do and perform any acts that may be necessary,
    12  desirable or proper to carry out the purposes  and  objectives  of  this
    13  section.
    14    §  2.  This act shall take effect immediately; provided, however, that
    15  the amendments to section 83-a of the legislative law  made  by  section
    16  one of this act shall not affect the repeal of such section and shall be
    17  deemed to be repealed therewith.
    18    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    19  sion,  section  or  part  of  this act shall be adjudged by any court of

    20  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    21  impair,  or  invalidate  the remainder thereof, but shall be confined in
    22  its operation to the clause, sentence, paragraph,  subdivision,  section
    23  or part thereof directly involved in the controversy in which such judg-
    24  ment shall have been rendered. It is hereby declared to be the intent of
    25  the  legislature  that  this  act  would  have been enacted even if such
    26  invalid provisions had not been included herein.
    27    § 3. This act shall take effect immediately  provided,  however,  that
    28  the applicable effective date of Parts A through OO of this act shall be
    29  as specifically set forth in the last section of such Parts.
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