-  This bill is not active in this session.
 

A00159 Summary:

BILL NOA00159B
 
SAME ASSAME AS UNI. S00059-B
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for the 2009-2010 state fiscal year; extends the department of transportations single audit program; provides the annual authorization for the CHIPS and Marchiselli programs; extends the suspension of drivers licenses pending prosecution for certain alcohol related offenses an additional two years; extends the suspension/revocation of drivers licenses for certain drug-related offenses an additional two years; extends authorization to pay department of motor vehicle costs from the dedicated highway and bridge trust fund; increases various driver license fees and registration and related fees; reissuance of license plates; eliminates the one hundred dollar cap on surcharges for equipment and certain moving violations with two or more convictions arising out of the same incident; extends provisions relating to the motor vehicle financial security act; conforms NYS motor vehicle provisions with federal requirements governing operation of commercial motor vehicles; provides fees for each book of prelicensing course completion certificates provided to driving schools; modifies the dedicated highway and bridge trust fund reporting requirements; extends certain revenues to the dedicated highway and bridge trust fund and the mass transportation operating assistance fund; increases food inspection penalties for violations which represent a risk to public health; extends the funds distribution formula for the community services block grant program; reduces the amount of real estate transfer tax revenue deposited into the environmental protection fund; authorizes and directs the comptroller to deposit to the general fund certain monies from the state energy and research development authority; assesses a fee upon the entry of a horse in NYS pari-mutuel races; makes permanent the general loan powers of the NYSUDC; authorizes the NYSERDA to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations; requires an appropriation for each fiscal year that reflects the value of assets transferred from NYPA to the state pursuant to an MOU between the NYPA and the state; authorizes the battery city park authority to make contributions to the state treasury; authorizes the NYSUDC to make contributions to the state treasury; increases a bond issuance charge; eliminates the Northeastern Queens nature and historical preserve commission; eliminates the Hudson River greenway communities council and Hudson River valley greenway heritage conservancy and transfer liabilities, assets and responsibilities of the greenway, council and heritage conservancy to the department of state; increases food safety inspection and licensing fees and requires the licensure of seed labelers and distributors; increases certain state pollution discharge elimination system fees; hunting/fishing and trapping licenses; establishes a recreational marine fishing license; increases the utility assessment cap imposed by section 18-A of the public service law; establishes a temporary state energy and utility service conservation assessment and authorizes aggregate energy purchases for state agencies and other entities by the NYPA; increases the civil penalty for repair shops, inspections stations, certified inspectors and automobile dealers; increases the license termination fee, the license reinstatement fee and scofflaw termination fee; dedicates the local share of state receipts from the gaming facility in Erie county and changes the distribution of tribal-state compact revenues for the city of Niagara Falls; extends the authority of the secretary of state to charge increased fees for expedited handling of documents; expands the state's "bottle bill" to include additional beverage containers; clarifies the authority of the office of parks, recreation and historic preservation relating to future sales of merchandise, goods, commodities and food service items; recovers the cost of centralized state services provided on behalf of industrial development agencies; imposes fees related to certain activities conducted by department of taxation and finance and prohibits tax return preparers and software companies from charging separately for electronic filing of NY tax documents; provides that expenses of the public service education program incurred pursuant to appropriations from the cable television account shall be expenses of the department of public service; establishes the healthy food/healthy community initiatives; provides for pesticide applicators fees and registration; provides for mind land reclamation fees; provides for wetland permit fees; provides for operating permit program; provides for water withdrawal reporting; provides for mandatory surcharge on certain environmental offenses; provides for NYSUDC to submit a comprehensive financial plan to the director of the budget and establishing accounts and subaccounts within the treasury of the UDC.
Go to top    

A00159 Actions:

BILL NOA00159B
 
01/07/2009referred to ways and means
01/21/2009amend and recommit to ways and means
01/21/2009print number 159a
03/28/2009amend (t) and recommit to ways and means
03/28/2009print number 159b
03/31/2009reported referred to rules
03/31/2009reported
03/31/2009rules report cal.21
03/31/2009ordered to third reading rules cal.21
03/31/2009passed assembly
03/31/2009delivered to senate
03/31/2009REFERRED TO FINANCE
04/01/2009SUBSTITUTED FOR S59B
04/01/20093RD READING CAL.138
04/03/2009MOTION TO AMEND LOST
04/03/2009MOTION TO AMEND LOST
04/03/2009PASSED SENATE
04/03/2009RETURNED TO ASSEMBLY
04/03/2009delivered to governor
04/07/2009signed chap.59
Go to top

A00159 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 59--B                                               A. 159--B
 
                SENATE - ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        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 to amend chapter 279 of the laws of 1998 amending the transporta-
          tion law relating to enabling the commissioner  of  transportation  to
          establish  a single audit pilot program, in relation to extending such
          provisions (Part A); to authorize funding for the  Consolidated  Local

          Street and Highway Improvement Program (CHIPS) and Marchiselli program
          for  state fiscal year 2009-2010; and making an appropriation therefor
          (Part B); to amend chapter 312 of the laws of 1994, amending the vehi-
          cle and traffic law relating to suspensions of licenses pending prose-
          cution of certain  alcohol-related  charges,  and  authorizations  for
          probationary  and  conditional  driver's  licenses, in relation to the
          effectiveness thereof (Part C); to amend chapter 533 of  the  laws  of
          1993  amending  the  vehicle  and  traffic  law and the correction law
          relating to  suspension  and  revocation  of  driver's  licenses  upon
          conviction of certain drug-related offenses, in relation to the effec-
          tiveness  thereof  (Part  D); to amend chapter 84 of the laws of 2002,
          amending the state finance law relating to the costs of the department

          of motor vehicles, in relation to the effectiveness thereof (Part  E);
          to  amend  the  vehicle  and  traffic law, in relation to license fees
          (Part F); to amend the vehicle and traffic law, in relation  to  motor
          vehicle  registration  fees (Part G); to amend the vehicle and traffic
          law, in relation to the fee for number plates (Part H); to  amend  the
          vehicle  and  traffic  law,  in  relation  to  eliminating  the cap on
          surcharges (Part I); to amend chapter 569 of the laws of 1981,  amend-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12373-03-9

        S. 59--B                            2                          A. 159--B
 

          ing  the  vehicle  and traffic law relating to motor vehicle liability
          insurance, financial security, criminal acts and  penalties  for  non-
          compliance, in relation to the effectiveness of certain provisions; to
          amend  chapter 781 of the laws of 1983, amending the vehicle and traf-
          fic law and other laws relating to motor vehicle liability  insurance,
          financial  security,  criminal acts and certain penalties for non-com-
          pliance, in relation to the effectiveness of certain provisions  (Part
          J);  to  amend the vehicle and traffic law and the transportation law,
          in relation to the disqualifications of  commercial  driver's  license
          holders (Part K); to amend the vehicle and traffic law, in relation to
          authorizing  the  department of motor vehicles to charge certain enti-
          ties a fee for course completion certificates (Part L);  Intentionally

          omitted  (Part  M); Intentionally omitted (Part N); to amend the state
          finance law, in relation to reporting requirements for  the  dedicated
          highway  and  bridge  trust  fund (Part O); to amend chapter 62 of the
          laws of 2003 amending the general business law and other laws relating
          to implementing the state fiscal plan for the 2003-2004  state  fiscal
          year,  in relation to the effectiveness thereof (Part P); to amend the
          agriculture and markets law, in relation  to  increasing  the  penalty
          amounts for first, second and subsequent violations (Part Q); to amend
          the  executive  law, in relation to the community services block grant
          program; to amend chapter 728 of the laws of 1982 and chapter  710  of
          the  laws  of  1983,  amending the executive law relating to community
          services block grant programs, in relation to the effectiveness there-

          of; and to repeal subdivision 1 of section 159-e of the executive  law
          relating  thereto  (Part  R); Intentionally omitted (Part S); to amend
          the tax law and the state finance law,  in  relation  to  real  estate
          transfer  tax  revenue deposits into the environmental protection fund
          (Part T); to authorize and direct the New York state  energy  research
          and  development authority to make a payment to the general fund of up
          to $913,000 (Part U); to amend the racing,  pari-mutuel  wagering  and
          breeding  law,  in  relation  to a fee for the start of a horse in New
          York state pari-mutuel races (Part V); Intentionally omitted (Part W);
          to amend 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 X); to

          authorize the New York State Energy Research and Development Authority
          to finance a portion of its research,  development  and  demonstration
          and  policy and planning programs from assessments on gas and electric
          corporations (Part Y); to  require  appropriations  in  the  executive
          budget  to  the New York Power Authority (Part Z); to amend the public
          authorities law, in relation to  authorizing  the  battery  park  city
          authority  to  make  contributions  to  the  state treasury (Part AA);
          authorizing the New York state urban development corporation  to  make
          contributions  to  the  Governors  Island  Preservation  and Education
          Corporation (Part BB); Intentionally omitted (Part CC);  Intentionally
          omitted  (Part  DD);  Intentionally  omitted  (Part  EE); to amend the
          public authorities law, in relation to  state  cost  recovery  on  the

          issuance  of  certain  bonds  (Part  FF);  to  transfer the functions,
          powers, duties, obligations  and  assets  of  the  State  Northeastern
          Queens  Nature  and  Historical  Preserve  Commission to the office of
          parks, recreation and historic preservation; and to repeal chapter 919
          of the laws of 1973, relating to establishing the  State  Northeastern
          Queens Nature and Historical Preserve (Part GG); Intentionally omitted
          (Part  HH);  to  amend the agriculture and markets law, in relation to
          increasing tonnage fees (Part II); to amend the environmental  conser-

        S. 59--B                            3                          A. 159--B
 
          vation  law,  in  relation  to  fees for the state pollution discharge
          elimination system program  (Part  JJ);  to  amend  the  environmental

          conservation  law,  in relation to fees for hunting, fishing and trap-
          ping  licenses (Part KK); to amend the environmental conservation law,
          in relation to establishing a recreational marine fishing license  and
          sets fees for such license; to review the allocations and expenditures
          of  the department of environmental conservation related to the marine
          resources account; and to repeal subdivision 6 of section  11-0707  of
          the  environmental  conservation  law  relating  to the exemption from
          having a fishing license in the marine  district  and  on  the  Hudson
          River,  south of the Troy barrier dam (Part LL); Intentionally omitted
          (Part MM); to amend the public service law, in relation  to  financing
          the operations of the department of public service, the public service
          commission, department support and energy management services provided

          by  other  state  agencies, to increase the utility assessment cap and
          the minimum threshold for collection thereunder, and  to  establish  a
          temporary state energy and utility service conservation assessment and
          provide  for  the  collection thereof; and providing for the repeal of
          certain provisions upon the expiration thereof (Part NN); to amend the
          vehicle and traffic law, in relation to increasing the  penalties  for
          violations  by  official  inspection  stations,  motor  vehicle repair
          shops, manufacturers, transporters and dealers (Part OO); to amend the
          vehicle and traffic law, in relation to  suspension,  termination  and
          license application fees (Part PP); to amend the state finance law, in
          relation  to  dedicating  the  local share of revenue generated by the
          gaming facility located in the city of Buffalo; and allocating  moneys

          appropriated  to  the  city  of  Niagara  Falls  for  road improvement
          projects (Part QQ); to amend chapter 21 of the laws of  2003  amending
          the  executive  law,  relating to permitting the secretary of state to
          provide special handling for all documents  filed  or  issued  by  the
          division of corporations and to permit additional levels of such expe-
          dited  service, in relation to the effectiveness thereof (Part RR); to
          amend the environmental conservation law and the economic  development
          law,  in  relation  to  including  additional  beverage containers and
          providing for the return of unclaimed deposits on beverage  containers
          to  the  state for deposit into the environmental protection fund; and
          to repeal certain provisions of  the  environmental  conservation  law
          relating thereto (Part SS); to amend the parks, recreation and histor-

          ic  preservation law, in relation to requiring that a written determi-
          nation by the commissioner of parks, recreation and historic preserva-
          tion be made prior to future sales of merchandise, goods,  commodities
          and food service items by the office of parks, recreation and historic
          preservation  (Part  TT);  to  amend  the  public  authorities law, in
          relation to the assessment and  reimbursement  of  state  expenditures
          (Part  UU); to amend the tax law, in relation to bad checks and failed
          electronic fund withdrawal fees; in relation to  the  registration  of
          tax  return  preparers;  creates  a taskforce to address issues in the
          regulation of tax return preparers and commercial tax  return  prepar-
          ers;  to  amend the general business law, in relation to refund antic-
          ipation loans and refund anticipation checks and the consumer bill  of

          rights  regarding  taxpayers;  and  to  repeal  paragraphs  1 and 2 of
          subsection (u) of section 685 of the tax law (Part VV);  to  authorize
          annual  cable television assessments to provide funds from cable tele-
          vision assessment revenues to the department of health (Part  WW);  to
          amend the urban development corporation act, in relation to establish-
          ing  the  healthy  food / healthy communities initiative (Part XX); to

        S. 59--B                            4                          A. 159--B
 
          amend the environmental conservation law,  in  relation  to  fees  for
          pesticide  applicators,  registration  and  application  (Part YY); to
          amend the environmental conservation law,  in  relation  to  fees  for
          mined land reclamation (Part ZZ); to amend the environmental conserva-

          tion  law,  in relation to wetland permit application fees (Part AAA);
          to amend the environmental conservation law, in relation to  operating
          permit  program  fees (Part BBB); to amend the environmental conserva-
          tion law, in relation to water withdrawal  reporting  (Part  CCC);  to
          amend  the  environmental conservation law, in relation to requiring a
          mandatory surcharge for offenses (Part DDD); and in  relation  to  the
          New  York  state urban development corporation submitting a comprehen-
          sive financial plan to the director of the budget and  the  establish-
          ment  of  accounts  and subaccounts within the treasury of such corpo-
          ration; and providing for the  repeal  of  such  provisions  upon  the
          expiration thereof (Part EEE)
 
          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 2009-2010
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through EEE. The effective date for  each  partic-
     5  ular  provision  contained  within  such  Part  is set forth in the last
     6  section of such Part. Any provision in any section  contained  within  a
     7  Part,  including the effective date of the Part, which makes a reference
     8  to a section "of this act", when used in connection with that particular
     9  component, shall be deemed  to  mean  and  refer  to  the  corresponding
    10  section of the Part in which it is found. Section three of this act sets
    11  forth the general effective date of this act.
 
    12                                   PART A
 
    13    Section  1. Section 2 of chapter 279 of the laws of 1998, amending the

    14  transportation law relating to enabling the commissioner of  transporta-
    15  tion  to establish a single audit pilot program, as amended by section 1
    16  of part D of chapter 59 of the laws of  2008,  is  amended  to  read  as
    17  follows:
    18    §  2. This act shall take effect on December 31, 1998, except that the
    19  commissioner of transportation is immediately authorized  to  promulgate
    20  rules  and  regulations necessary for the implementation of this act and
    21  shall expire December 31, [2009] 2010 when upon such date the provisions
    22  of this act shall be deemed repealed.
    23    § 2. This act shall take effect immediately.
 
    24                                   PART B
 
    25    Section 1.  The sum of four hundred two million seven hundred  ninety-
    26  seven  thousand  dollars  ($402,797,000), or so much thereof as shall be

    27  necessary, and in addition to amounts previously appropriated by law, is
    28  hereby made available, in accordance with subdivision 1 of  section  380
    29  of  the  public  authorities  law as amended, according to the following
    30  schedule.  Payments pursuant to subdivision (a) of this section shall be
    31  made available as moneys become available for  such  payments.  Payments
    32  pursuant  to  subdivisions  (b)  and  (c)  of this section shall be made

        S. 59--B                            5                          A. 159--B
 
     1  available on the fifteenth day of June, September, December and March or
     2  as soon thereafter as moneys become  available  for  such  payments.  No
     3  moneys  of  the state in the state treasury or any of its funds shall be
     4  available for payments pursuant to this section:
     5                                  SCHEDULE

     6    (a)  Thirty-nine  million seven hundred thousand dollars ($39,700,000)
     7  to municipalities for repayment of eligible costs of federal aid munici-
     8  pal street and highway projects pursuant to section 15 of chapter 329 of
     9  the laws of 1991, as added by section 9 of chapter 330 of  the  laws  of
    10  1991,  as  amended.  The department of transportation shall provide such
    11  information to the municipalities as may be necessary  to  maintain  the
    12  federal  tax  exempt  status  of  any bonds, notes, or other obligations
    13  issued by such municipalities to provide for the  non-federal  share  of
    14  the  cost  of  projects  pursuant  to chapter 330 of the laws of 1991 or
    15  section 80-b of the highway law.
    16    The program authorized pursuant to section 15 of chapter  329  of  the
    17  laws  of 1991, as added by section 9 of chapter 330 of the laws of 1991,

    18  as amended, shall additionally make payments for reimbursement according
    19  to the following schedule:
    20                      State Fiscal Year        Amount
    21                      2009-10                  $39,700,000
    22    (b)  Three  hundred  four  million  three  hundred  thousand   dollars
    23  ($304,300,000) to counties, cities, towns and villages for reimbursement
    24  of  eligible  costs  of  local  highway  and bridge projects pursuant to
    25  sections 16 and 16-a of chapter 329 of the laws of  1991,  as  added  by
    26  section  9  of  chapter  330  of  the  laws of 1991, as amended. For the
    27  purposes of computing allocations to municipalities, the amount distrib-
    28  uted pursuant to section 16 of chapter 329 of the laws of 1991 shall  be
    29  deemed  to  be $121,520,000.  The amount distributed pursuant to section
    30  16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be

    31  $182,780,000.   Notwithstanding the provisions of any general or special
    32  law, the amounts deemed distributed in accordance  with  section  16  of
    33  chapter  329  of the laws of 1991 shall be adjusted so that such amounts
    34  will not be less than 83.807 percent of the "funding level"  as  defined
    35  in  subdivision 5 of section 10-c of the highway law for each such muni-
    36  cipality. In order to achieve the objectives of section  16  of  chapter
    37  329  of the laws of 1991, to the extent necessary, the amounts in excess
    38  of 83.807 percent of the funding level to be deemed distributed to  each
    39  municipality  under  this  subdivision shall be reduced in equal propor-
    40  tion.
    41    (c) Fifty-eight million seven hundred  ninety-seven  thousand  dollars
    42  ($58,797,000)  to  municipalities for reimbursement of eligible costs of
    43  local highway and bridge projects pursuant to sections 16  and  16-a  of

    44  chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
    45  the  laws of 1991, as amended. For the purposes of computing allocations
    46  to municipalities, the amount distributed  pursuant  to  section  16  of
    47  chapter  329  of the laws of 1991 shall be deemed to be $23,480,000. The
    48  amount distributed pursuant to section 16-a of chapter 329 of  the  laws
    49  of   1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding  the
    50  provisions of any general or special law, the amounts deemed distributed
    51  in accordance with section 16 of chapter 329 of the laws of  1991  shall
    52  be adjusted so that such amounts will not be less than 16.193 percent of
    53  the  "funding  level" as defined in subdivision 5 of section 10-c of the
    54  highway law for each such municipality. In order to achieve  the  objec-
    55  tives  of  section  16 of chapter 329 of the laws of 1991, to the extent

    56  necessary, the amounts in excess of 16.193 percent of the funding  level

        S. 59--B                            6                          A. 159--B
 
     1  to be deemed distributed to each municipality under this paragraph shall
     2  be  reduced in equal proportion. To the extent that the total of remain-
     3  ing payment allocations calculated herein varies from  $58,797,000,  the
     4  payment amounts to each locality shall be adjusted by a uniform percent-
     5  age so that the total payments equal $58,797,000.
     6    The program authorized pursuant to sections 16 and 16-a of chapter 329
     7  of the laws of 1991, as added by section 9 of chapter 330 of the laws of
     8  1991,  as  amended,  shall  additionally make payments for reimbursement
     9  according to the following schedule:
    10                      State Fiscal Year        Amount
    11                      2009-10                  $363,097,000

    12    § 2. This act shall take effect immediately.
 
    13                                   PART C
 
    14    Section 1.  Section 7 of chapter 312 of the laws of 1994, amending the
    15  vehicle and traffic law relating  to  suspensions  of  licenses  pending
    16  prosecution  of  certain alcohol-related charges, and authorizations for
    17  probationary and conditional driver's licenses, as amended by section  1
    18  of  part  C  of  chapter  59  of the laws of 2007, is amended to read as
    19  follows:
    20    § 7. This act shall take effect  immediately;  provided  however  that
    21  sections  three, four, five and six of this act shall take effect on the
    22  first day of November next succeeding the date on which  it  shall  have
    23  become  a  law  and  shall  apply to offenses committed on or after such
    24  date; provided further, however, that the amendment to paragraph (c)  of

    25  subdivision  2  of  section  1193 of the vehicle and traffic law made by
    26  section two of this act shall take effect on the same date as such para-
    27  graph takes effect pursuant to section 9 of chapter 533 of the  laws  of
    28  1993, as amended, provided, further, that the provisions of section four
    29  of  this  act  shall  remain  in  full force and effect until October 1,
    30  [2009] 2011 when upon such date the provisions of such section shall  be
    31  deemed  repealed and the provisions of law amended by such section shall
    32  revert to and be read as if the provisions of such section had not  been
    33  enacted.
    34    §  2.  This  act shall take effect immediately, and shall be deemed to
    35  have been in full force and effect on and after April 1, 2009.
 
    36                                   PART D
 
    37    Section 1. Section 9 of chapter 533 of the laws of 1993, amending  the

    38  vehicle  and  traffic  law and the correction law relating to suspension
    39  and revocation of driver's licenses upon conviction of certain  drug-re-
    40  lated  offenses,  as amended by section 1 of part N of chapter 59 of the
    41  laws of 2007, is amended to read as follows:
    42    § 9. This act shall take effect September 30, 1993 and shall apply  to
    43  convictions  based  on offenses which occurred on or after such date and
    44  shall remain in full force and effect until October 1, [2009] 2011  when
    45  upon  such  date the provisions of this act shall be deemed repealed and
    46  the provisions of law amended by this act shall revert to and be read as
    47  if the provisions of this act had not been enacted.
    48    § 2. This act shall take effect immediately and  shall  be  deemed  to
    49  have been in full force and effect on and after April 1, 2009.
 

    50                                   PART E

        S. 59--B                            7                          A. 159--B
 
     1    Section  1.  Section  2  of  part B of chapter 84 of the laws of 2002,
     2  amending the state finance law relating to the costs of  the  department
     3  of  motor vehicles, as amended by section 1-b of part A of chapter 63 of
     4  the laws of 2005, is amended to read as follows:
     5    §  2.  This act shall take effect April 1, 2002; provided, however, if
     6  this act shall become a law after such date it shall take  effect  imme-
     7  diately and shall be deemed to have been in full force and effect on and
     8  after  April  1,  2002;  provided  further, however, that this act shall
     9  expire and be deemed repealed on March 31, [2010] 2015.
    10    § 2. This act shall take effect immediately, and shall  be  deemed  to

    11  have been in full force and effect on and after April 1, 2009.
 
    12                                   PART F
 
    13    Section  1.  Paragraphs (b) and (c) of subdivision 2 of section 503 of
    14  the vehicle and traffic law, as amended by chapter 55  of  the  laws  of
    15  1992, are amended to read as follows:
    16    (b) Learner permit/license fee. (i) Upon passage of the knowledge test
    17  required  to  obtain  a learner's permit, the applicant for a commercial
    18  driver's license shall be required to pay an additional fee  of  [seven]
    19  nine  dollars  and fifty cents for each six months or portion thereof of
    20  the period of validity of a learner's permit or license which is or  may
    21  be  issued  as well as a fee of forty dollars for a road test which must
    22  be passed before a license will be issued.
    23    (ii) Upon passage of the knowledge test required to obtain a learner's

    24  permit, the applicant for a class C license which does not have an H,  P
    25  or  X  endorsement  or a class E license shall be required to pay [five]
    26  six dollars and twenty-five cents for each six months or portion thereof
    27  of the period of validity of a learner's permit or license which  is  or
    28  may be issued, and an applicant for a class D, DJ, M or MJ license shall
    29  be required to pay [two] three dollars and [fifty] twenty-five cents for
    30  each  six  months  or  portion  thereof  of  the period of validity of a
    31  learner's permit or license which is or may be issued. No additional fee
    32  shall be required of any such applicant to take up to  two  road  tests.
    33  Such road test must be passed before a license will be issued.
    34    (iii)  If  an applicant fails to pass the road test required for issu-

    35  ance of a license in the number of times specified in  subparagraph  (i)
    36  or  (ii)  of  this paragraph, an additional fee of forty dollars will be
    37  required for each additional test applied  for  in  order  to  obtain  a
    38  commercial driver's license and an additional fee of ten dollars will be
    39  required  for up to two tests applied for in order to obtain any license
    40  other than a commercial driver's license.
    41    (iv) Notwithstanding any inconsistent provision of this  section,  the
    42  difference  collected  between  the  fees set forth in this paragraph in
    43  effect on and after September first, two thousand nine and the fees  set
    44  forth  in this paragraph in effect prior to such date shall be deposited
    45  to the credit of the dedicated highway and bridge trust fund.
    46    (c) Renewal fee. Fees for renewal of a license issued by  the  commis-

    47  sioner shall be as follows:
    48    (i)  For a commercial driver's license, [seven] nine dollars and fifty
    49  cents for each six months or portion thereof.
    50    (ii) For a class C license which does not have an H, P or  X  endorse-
    51  ment  or a class E license, [five] six dollars and twenty-five cents for
    52  each six months or portion thereof.
    53    (iii) For a class D, DJ, M or MJ  license,  [two]  three  dollars  and
    54  [fifty] twenty-five cents, for each six months or portion thereof.

        S. 59--B                            8                          A. 159--B
 
     1    (iv)  Notwithstanding  any inconsistent provision of this section, the
     2  difference collected between the fees set forth  in  this  paragraph  in

     3  effect  on and after September first, two thousand nine and the fees set
     4  forth in this paragraph in effect prior to such date shall be  deposited
     5  to the credit of the dedicated highway and bridge trust fund.
     6    §  2. Paragraph (f) of subdivision 2 of section 503 of the vehicle and
     7  traffic law, as amended by section 1-b of part A of chapter  63  of  the
     8  laws of 2005, is amended to read as follows:
     9    (f) Photo image fee. In addition to any other fee prescribed herein, a
    10  fee  of  [ten]  twelve  dollars and fifty cents shall be charged for the
    11  processing of each learner permit or license document requiring a  photo
    12  image.  Of  each  such fee collected, five dollars shall be deposited to
    13  the credit of the general fund and five dollars shall  be  deposited  in

    14  the  dedicated  highway  and  bridge  trust fund established pursuant to
    15  section eighty-nine-b of the state finance law and  the  dedicated  mass
    16  transportation fund established pursuant to section eighty-nine-c of the
    17  state  finance law and distributed according to the provisions of subdi-
    18  vision (d) of section three hundred one-j of the tax law.
    19    Notwithstanding  any  inconsistent  provision  of  this  section,  the
    20  difference  collected  between  the  fees set forth in this paragraph in
    21  effect on and after September first, two thousand nine and the fees  set
    22  forth  in this paragraph in effect prior to such date shall be deposited
    23  to the credit of the dedicated highway and bridge trust fund.
    24    § 3. This act shall take effect September 1, 2009 and shall  apply  to
    25  licenses issued and renewed on and after such date.

 
    26                                   PART G
 
    27    Section  1. Paragraph a of subdivision 6 of section 401 of the vehicle
    28  and traffic law, as amended by section 74 of part A of chapter 56 of the
    29  laws of 1998, is amended to read as follows:
    30    a. The following fees shall be paid to  the  commissioner,  or  agent,
    31  upon  the registration or reregistration of a motor vehicle, including a
    32  suburban, in accordance with the provisions of this article:
    33    If such motor vehicle,  fully  equipped,  weighs  thirty-five  hundred
    34  pounds  or less, [sixty-four and one-half] eighty-one cents for each one
    35  hundred pounds or major fraction thereof; if such motor  vehicle,  fully
    36  equipped,  weighs  more than thirty-five hundred pounds, [sixty-four and
    37  one-half] eighty-one cents for each one hundred pounds up to thirty-five

    38  hundred pounds, and [ninety-seven] one dollar and twenty-one  cents  for
    39  each hundred pounds, or major fraction thereof, in excess of thirty-five
    40  hundred pounds; provided, however, that the total fees for the registra-
    41  tion or reregistration of any passenger motor vehicle propelled by elec-
    42  tricity  shall  be  [twelve dollars and ninety-four] sixteen dollars and
    43  eighteen cents, of a six, eight, or twelve cylinder  motor  vehicle  not
    44  less  than [twelve dollars and ninety-four] sixteen dollars and eighteen
    45  cents, and of any other motor vehicle not less  than  [ten  dollars  and
    46  thirty-five]  twelve dollars and ninety-five cents; and provided further
    47  that for motor vehicles described in subdivision seven of this  section,

    48  the  fee  for such registration shall be as therein prescribed. Provided
    49  further, however, that the maximum registration fee under this paragraph
    50  shall not exceed [fifty-six dollars and six] seventy dollars  and  eight
    51  cents per registration year.  For the purposes of this section a "subur-
    52  ban" shall be a motor vehicle with a convertible or interchangeable body
    53  or  with  removable  seats,  usable  for  both  passenger  and  delivery
    54  purposes, and including motor vehicles, commonly  known  as  station  or

        S. 59--B                            9                          A. 159--B
 
     1  depot  wagons.  The  manufacturer's  weight  of  motor  vehicle shall be
     2  accepted as the weight for the purpose of registration under this  para-
     3  graph.
     4    §  2.  Subdivision 2 of section 420 of the vehicle and traffic law, as

     5  amended by chapter 190 of the laws  of  1990,  is  amended  to  read  as
     6  follows:
     7    2. Such seller or owner may, however, register another vehicle and use
     8  said  number plates thereon, if appropriate, upon making application for
     9  such registration, paying a transfer fee of  [seven]  ten  dollars  [and
    10  seventy-five  cents], and paying the proportional excess, if any, of the
    11  annual fee for registering the second vehicle over the  annual  fee  for
    12  registering  the  first vehicle for each day or fraction thereof consti-
    13  tuting the unexpired registration period. If the number  plates  of  the
    14  first  vehicle  are  not appropriate for the second vehicle, the commis-
    15  sioner or his or her agent shall, upon  the  surrender  of  such  number
    16  plates, furnish appropriate number plates.

    17    §  3.  Subdivision 21 of section 401 of the vehicle and traffic law is
    18  amended by adding twelve new undesignated paragraphs to read as follows:
    19    Notwithstanding  any  inconsistent  provision  of  this  section,  the
    20  difference  collected  between  the registration fees set forth in para-
    21  graph a of subdivision six of  this  section  in  effect  on  and  after
    22  September  first,  two thousand nine and the registration fees set forth
    23  in such paragraph in effect prior to such date shall be deposited to the
    24  credit of the dedicated highway and bridge trust fund.
    25    Notwithstanding  any  inconsistent  provision  of  this  section,  the
    26  difference collected between the registration fees set forth in schedule

    27  A  of subdivision seven of this section in effect on and after September
    28  first, two thousand nine and the registration fees  set  forth  in  such
    29  schedule  in  effect prior to such date shall be deposited to the credit
    30  of the dedicated highway and bridge trust fund.
    31    Notwithstanding  any  inconsistent  provision  of  this  section,  the
    32  difference collected between the registration fees set forth in schedule
    33  B  of subdivision seven of this section in effect on and after September
    34  first, two thousand nine and the registration fees  set  forth  in  such
    35  schedule  in  effect prior to such date shall be deposited to the credit
    36  of the dedicated highway and bridge trust fund.
    37    Notwithstanding  any  inconsistent  provision  of  this  section,  the

    38  difference collected between the registration fees set forth in schedule
    39  C  of subdivision seven of this section in effect on and after September
    40  first, two thousand nine and the registration fees  set  forth  in  such
    41  schedule  in  effect prior to such date shall be deposited to the credit
    42  of the dedicated highway and bridge trust fund.
    43    Notwithstanding  any  inconsistent  provision  of  this  section,  the
    44  difference collected between the registration fees set forth in schedule
    45  E  of subdivision seven of this section in effect on and after September
    46  first, two thousand nine and the registration fees  set  forth  in  such
    47  schedule  in  effect prior to such date shall be deposited to the credit
    48  of the dedicated highway and bridge trust fund.

    49    Notwithstanding  any  inconsistent  provision  of  this  section,  the
    50  difference collected between the registration fees set forth in schedule
    51  F  of subdivision seven of this section in effect on and after September
    52  first, two thousand nine and the registration fees  set  forth  in  such
    53  schedule  in  effect prior to such date shall be deposited to the credit
    54  of the dedicated highway and bridge trust fund.
    55    Notwithstanding  any  inconsistent  provision  of  this  section,  the
    56  difference collected between the registration fees set forth in schedule

        S. 59--B                           10                          A. 159--B
 
     1  G  of subdivision seven of this section in effect on and after September

     2  first, two thousand nine and the registration fees  set  forth  in  such
     3  schedule  in  effect prior to such date shall be deposited to the credit
     4  of the dedicated highway and bridge trust fund.
     5    Notwithstanding  any  inconsistent  provision  of  this  section,  the
     6  difference collected between the registration fees set forth in schedule
     7  I of subdivision seven of this section in effect on and after  September
     8  first,  two  thousand  nine  and the registration fees set forth in such
     9  schedule in effect prior to such date shall be deposited to  the  credit
    10  of the dedicated highway and bridge trust fund.
    11    Notwithstanding  any  inconsistent  provision  of  this  section,  the
    12  difference collected between the registration fees set forth in subdivi-

    13  sion eight of this section in effect on and after September  first,  two
    14  thousand nine and the registration fees set forth in such subdivision in
    15  effect  prior to such date shall be deposited to the credit of the dedi-
    16  cated highway and bridge trust fund.
    17    Notwithstanding any inconsistent provision of this section, the regis-
    18  tration fees collected pursuant to subdivisions two, six  and  eight  of
    19  section four hundred twenty of this title shall be deposited pursuant to
    20  the  provisions  of  this subdivision; provided, however, the difference
    21  collected between the registration fees set forth in  such  subdivisions
    22  two,  six and eight in effect on and after September first, two thousand

    23  nine and the registration fees set forth in such subdivisions in  effect
    24  prior  to  such  date  shall be deposited to the credit of the dedicated
    25  highway and bridge trust fund.
    26    Notwithstanding any inconsistent provision of this section, the regis-
    27  tration fees collected pursuant to paragraph (b) of subdivision three of
    28  section twenty-two hundred sixty-one of this chapter shall be  deposited
    29  pursuant  to  the provisions of this subdivision; provided, however, the
    30  difference collected between the registration fees set  forth  in  para-
    31  graph  (b)  of subdivision three of section twenty-two hundred sixty-one
    32  of this chapter in effect on and after  September  first,  two  thousand

    33  nine  and  the  registration  fees set forth in such paragraph in effect
    34  prior to such date shall be deposited to the  credit  of  the  dedicated
    35  highway and bridge trust fund.
    36    Notwithstanding  any  inconsistent  provision  of this section, eleven
    37  dollars and fifty cents of the registration fees collected  pursuant  to
    38  paragraph  (a)  of  subdivision five of section four hundred ten of this
    39  title shall be deposited pursuant to this subdivision. Three dollars and
    40  fifty cents of such fees collected in relation to applications  for  new
    41  registrations  and  renewals  of  existing registrations expiring on and
    42  after September first, two thousand nine shall be deposited to the cred-

    43  it of the dedicated highway and bridge trust fund. Two dollars and fifty
    44  cents of such registration fees shall be deposited into  the  motorcycle
    45  safety  fund  established  pursuant to section ninety-two-g of the state
    46  finance law.
    47    § 4. Paragraphs (a) and (b) of subdivision 4 of section  2282  of  the
    48  vehicle  and traffic law, as amended by chapter 402 of the laws of 1986,
    49  are amended to read as follows:
    50    (a) An annual fee of [ten] twelve dollars and  fifty  cents  for  each
    51  individual resident registration.
    52    (b)  An  annual  fee  of [ten] twelve dollars and fifty cents for each
    53  individual nonresident registration.
    54  Notwithstanding any inconsistent provision of this section, the  differ-

    55  ence  collected  between the fees set forth in paragraphs (a) and (b) of
    56  this subdivision in effect on and after September  first,  two  thousand

        S. 59--B                           11                          A. 159--B
 
     1  nine  and  the fees set forth in such paragraphs in effect prior to such
     2  date shall be deposited to the  credit  of  the  dedicated  highway  and
     3  bridge trust fund.
     4    §  5. Subdivision 3 of section 2251 of the vehicle and traffic law, as
     5  amended by section 2 of part K-1 of chapter 62 of the laws of  2003,  is
     6  amended to read as follows:
     7    3.  Fees.  The  triennial  fee  for registration of a vessel shall be:
     8  [eighteen] twenty-two dollars and fifty cents and a vessel surcharge  of

     9  three  dollars  and  seventy-five  cents,  if  less than sixteen feet in
    10  length; [thirty-six] forty-five dollars and a vessel surcharge of  [ten]
    11  twelve  dollars  and  fifty cents, if sixteen feet or over but less than
    12  twenty-six feet in length; [sixty] seventy-five  dollars  and  a  vessel
    13  surcharge of [fifteen] eighteen dollars and seventy-five cents, if twen-
    14  ty-six feet or over. All funds derived from the collection of the vessel
    15  access  surcharge  pursuant to this subdivision are to be deposited in a
    16  subaccount of the "I love NY waterways"  [boating  safety  fund]  vessel
    17  access  account  established  pursuant to section ninety-seven-nn of the

    18  state finance law. The vessel access surcharge shall not be considered a
    19  registration fee for purposes of section seventy-nine-b of  the  naviga-
    20  tion law.
    21  Notwithstanding  any inconsistent provision of this section, the differ-
    22  ence collected between the fees set forth in this subdivision in  effect
    23  on  and  after September first, two thousand nine and the fees set forth
    24  in this subdivision prior to such date shall be deposited to the  credit
    25  of  the  dedicated  highway  and bridge trust fund.  Notwithstanding any
    26  inconsistent provision of this section, the difference collected between
    27  the vessel surcharge set forth in this  subdivision  in  effect  on  and
    28  after  September  first,  two thousand nine and the vessel surcharge set

    29  forth in this subdivision in effect prior to such date shall be deposit-
    30  ed to the credit of the dedicated highway and bridge trust fund.
    31    § 6. Schedule A of subdivision 7 of section 401  of  the  vehicle  and
    32  traffic law, as amended by chapter 55 of the laws of 1992, is amended to
    33  read as follows:
    34    A. Schedule for buses.
    35    For each such vehicle having a seating capacity for passengers of five
    36  passengers  or less, and meeting the requirements of subdivisions twenty
    37  and twenty-one, notwithstanding the capacity limitation  of  subdivision
    38  twenty-one,  of  section three hundred seventy-five of this chapter, the
    39  annual fee of [seventeen] twenty-one dollars and [twenty-five] fifty-six
    40  cents.
    41    For each such vehicle having a seating capacity for passengers of  not

    42  less  than  six  passengers, nor more than seven passengers, and meeting
    43  the requirements of subdivisions twenty and twenty-one,  notwithstanding
    44  the  capacity  limitation  of  subdivision  twenty-one, of section three
    45  hundred seventy-five of this chapter, the annual fee  of  [twenty-eight]
    46  thirty-five dollars and [eighteen] twenty-three cents.
    47    For  each such vehicle having a seating capacity for passengers of not
    48  less than eight passengers, nor more than ten  passengers,  and  meeting
    49  the  requirements of subdivisions twenty and twenty-one, notwithstanding
    50  the capacity limitation of  subdivision  twenty-one,  of  section  three
    51  hundred  seventy-five  of  this chapter, the annual fee of [thirty-five]
    52  forty-three dollars and [eight] eighty-five cents.

    53    For each such vehicle having a seating capacity for passengers of  not
    54  less  than  eleven  passengers,  nor  more than fourteen passengers, and
    55  meeting the requirements of subdivisions twenty and twenty-one, notwith-
    56  standing the capacity limitation of subdivision twenty-one,  of  section

        S. 59--B                           12                          A. 159--B
 
     1  three  hundred  seventy-five  of this chapter, the annual fee of [forty-
     2  nine] sixty-one dollars and [forty-five] eighty-one cents.
     3    For  each such vehicle having a seating capacity for passengers of not
     4  less than fifteen passengers, nor more than twenty passengers, the annu-
     5  al fee of [fifty-nine] seventy-four dollars  and  [eighty]  seventy-five
     6  cents.

     7    For  each such vehicle having a seating capacity for passengers of not
     8  less than twenty-one passengers, nor more  than  twenty-two  passengers,
     9  the  annual  fee of [sixty-three] seventy-nine dollars and [twenty-five]
    10  six cents.
    11    For each such vehicle having a seating capacity for passengers of  not
    12  less  than twenty-three passengers, nor more than twenty-six passengers,
    13  the annual fee of [seventy]  eighty-eight  dollars  and  [seventy-three]
    14  forty-one cents.
    15    For  each such vehicle having a seating capacity for passengers of not
    16  less than twenty-seven passengers, nor more than thirty passengers,  the
    17  annual  fee  of  [seventy-seven]  ninety-seven dollars and [sixty-three]
    18  four cents.

    19    For each such vehicle having a  seating  capacity  for  passengers  in
    20  excess  of  thirty  passengers,  the fee of [seventy-seven] ninety-seven
    21  dollars and [sixty-three] four cents, and  the  additional  fee  of  two
    22  dollars  and [thirty] eighty-eight cents for each passenger (measured by
    23  seating capacity) in excess of thirty passengers.
    24    For the purposes of this schedule,  the  term  "seating  capacity  for
    25  passengers" shall exclude the driver.
    26    The  words "seating capacity for passengers", as used in this section,
    27  shall mean seating capacity for  adults.  The  commissioner  shall  have
    28  authority to determine, for registration purposes, the manner of comput-
    29  ing the seating capacity of any vehicle.
    30    Provided,  however,  that  in  the  case of a bus operated entirely by

    31  electricity not generated by an engine contained therein the fees to  be
    32  paid  upon  registration  or  reregistration  thereof shall be fifty per
    33  centum in excess of the foregoing rates.
    34    The foregoing schedules shall not apply to omnibuses operated pursuant
    35  to a franchise or franchises over streets designated in  said  franchise
    36  or franchises wholly within a city or cities, provided the holder of the
    37  franchise  or  franchises  pays  for  the same a percentage of its gross
    38  earnings or gross receipts and for any such omnibus, without  regard  to
    39  the  seating  capacity; nor shall the foregoing schedules apply to omni-
    40  buses operated pursuant to  a  certificate  of  public  convenience  and
    41  necessity  granted  under  the  transportation  law  and  based upon the
    42  consent of the local authorities of any city,  town  or  village,  other

    43  than  in the counties of Nassau, Suffolk and Westchester, as required by
    44  the transportation corporations law or, in the county of  Nassau,  based
    45  upon  the  consent  of the board of supervisors of such county or of any
    46  city or village therein, or of both such county and any city or  village
    47  therein  or,  in the counties of Suffolk and Westchester, based upon the
    48  consent of the county board of legislators of such counties, as required
    49  by chapter eight hundred seventy-nine of the laws  of  nineteen  hundred
    50  thirty-six,  provided the holder of such local consent pays for the same
    51  an annual fee to any such county, city, town or  village,  and  for  any
    52  such  omnibus,  without  regard  to the seating capacity, the annual fee
    53  shall be [ten] twelve dollars and fifty cents.  The foregoing  schedules

    54  shall  not apply to trackless trolleys, but if such omnibus shall not be
    55  operated in local transit service pursuant to a certificate  of  conven-

        S. 59--B                           13                          A. 159--B
 
     1  ience  and  necessity  issued  by the commissioner of transportation the
     2  foregoing schedule of fees shall apply.
     3    §  7. Paragraphs 1 and 2 of schedule B of subdivision 7 of section 401
     4  of the vehicle and traffic law, as amended by chapter 55 of the laws  of
     5  1992, are amended to read as follows:
     6    1.  For each auto truck or light delivery car, the annual fee of [two]
     7  three dollars and [eighty-eight]  sixty  cents  for  each  five  hundred
     8  pounds  maximum gross weight or fraction thereof, except that the annual

     9  fee for such motor vehicle operated entirely by electricity  not  gener-
    10  ated  by  an  engine  contained therein shall be [four] five dollars and
    11  [thirty-one] thirty-nine cents for  each  five  hundred  pounds  maximum
    12  gross weight or fraction thereof, but in computing the weight of such an
    13  electric  vehicle the weight of electric batteries shall be excluded and
    14  except also that the annual fee for each auto  truck  having  a  maximum
    15  gross  weight  in excess of eighteen thousand pounds used exclusively in
    16  the transportation of household goods (as defined by the commissioner of
    17  transportation of this state or the interstate commerce commission) by a
    18  carrier under authority of the commissioner of  transportation  of  this
    19  state  or  of  the  interstate commerce commission shall be [seven] nine

    20  dollars and [seventy-six] seventy cents for  each  five  hundred  pounds
    21  maximum  gross  weight  or fraction thereof.   Provided however, that no
    22  motor vehicle registered pursuant to this paragraph  may  be  charged  a
    23  registration  fee  in  excess of that charged for a motor vehicle regis-
    24  tered with a maximum gross weight of eighty thousand pounds.
    25    2. For each tractor of any weight the annual fee  of  one  dollar  and
    26  [twenty-one] fifty-one cents for each one hundred pounds, or major frac-
    27  tion  thereof,  of  maximum gross weight, except that the annual fee for
    28  each tractor of any weight used exclusively  in  the  transportation  of
    29  household  goods  (as  defined  by the commissioner of transportation of
    30  this state or the interstate commerce commission)  by  a  carrier  under

    31  authority  of the commissioner of transportation of this state or of the
    32  interstate commerce commission shall be [one  dollar]  two  dollars  and
    33  [seventy-three]  sixteen  cents  for  each  one hundred pounds, or major
    34  fraction thereof, of maximum gross weight.   Provided however,  that  no
    35  motor  vehicle  registered  pursuant  to this paragraph may be charged a
    36  registration fee in excess of that charged for a  motor  vehicle  regis-
    37  tered with a maximum gross weight of eighty thousand pounds.
    38    §  8.  Schedule  C  of subdivision 7 of section 401 of the vehicle and
    39  traffic law, as amended by chapter 55 of the laws of 1992, is amended to
    40  read as follows:
    41    C. Schedule for taxicabs and livery. For each taxicab or livery having
    42  a seating capacity for passengers, excluding the driver, of five persons

    43  or less, the annual fee of [twenty-five] thirty-one dollars and [thirty]
    44  sixty-three cents. For each such vehicle having a seating  capacity  for
    45  passengers, excluding the driver, of not less than six persons, nor more
    46  than  seven persons, the annual fee of [forty-one] fifty-one dollars and
    47  [forty] seventy-five cents.   For each such  vehicle  having  a  seating
    48  capacity  for  passengers,  excluding  the  driver,  of  at  least eight
    49  persons, but not more than ten persons, the annual  fee  of  [fifty-one]
    50  sixty-four  dollars  and  [seventy-five] sixty-nine cents. For each such
    51  vehicle having a seating capacity for passengers, excluding the  driver,
    52  of  at  least  eleven  persons,  but not more than fourteen persons, the

    53  annual fee of [seventy-three] ninety-two dollars [and sixty cents].  Any
    54  registration  issued  pursuant  to  this  schedule shall be revoked upon
    55  receipt by the commissioner of a notice of revocation of any license  or
    56  permit  necessary  for  the issuance of such registration from the local

        S. 59--B                           14                          A. 159--B
 
     1  authority which issued such  license  or  permit,  or  upon  receipt  of
     2  evidence by the commissioner that the registrant has been convicted of a
     3  violation of any local law requiring the issuance of a license or permit
     4  in  order  to engage in for-hire operation. Provided, however, that upon
     5  surrender to the commissioner  of  any  such  revoked  registration  and
     6  number  plates and upon payment of the proper registration fee, a regis-

     7  tration may be issued for the vehicle for which  such  registration  has
     8  been  revoked  pursuant  to  the  provisions  of subdivision six of this
     9  section.
    10    § 9. Paragraph 1 of schedule E of subdivision 7 of section 401 of  the
    11  vehicle  and  traffic law, as amended by chapter 55 of the laws of 1992,
    12  is amended to read as follows:
    13    1. For each agricultural truck, the annual fee of two dollars and [one
    14  cent] fifty-one cents for each five hundred pounds maximum gross weight,
    15  or fraction thereof.
    16    § 10. Paragraph (a) of schedule F of subdivision 7 of section  401  of
    17  the  vehicle  and  traffic  law, as amended by chapter 55 of the laws of
    18  1992, is amended to read as follows:
    19    (a) For each road roller, tractor crane, truck  crane,  power  shovel,
    20  road  building  machine,  snow  plow,  road sweeper, sand spreader, well

    21  driller, well servicing rig, feed processing machine, mobile car crusher
    22  (whether self-propelled or a combination used exclusively as one  unit),
    23  earth  mover, which shall mean a motor-driven vehicle in excess of eight
    24  feet in width equipped with pneumatic tires designed and constructed for
    25  moving or transporting earth and rock in connection with excavation  and
    26  grading  work,  and truck with small wheels used in a factory, warehouse
    27  or railroad station, for each spreader or sprayer (generally meaning  an
    28  agricultural  vehicle  used  to  spread or spray agricultural chemicals,
    29  agricultural lime and/or agricultural fertilizers) and fire vehicles, an
    30  annual fee of [eleven] fourteen dollars and [fifty] thirty-eight  cents;
    31  provided, however, that the provisions of paragraph b of subdivision six

    32  of this section relating to the exemption of certain motor vehicles from
    33  the  payment of registration fees thereon shall apply to the motor vehi-
    34  cles specified in this schedule. A tractor-trailer combination  designed
    35  and used as a unit exclusively for the same purpose as a vehicle specif-
    36  ically included in this schedule shall be considered as a single vehicle
    37  and  registered  as a motor vehicle under this schedule rather than as a
    38  tractor and trailer separately.
    39    § 11. Paragraph 2 of schedule I of subdivision 7 of section 401 of the
    40  vehicle and traffic law, as amended by chapter 55 of the laws  of  1992,
    41  is amended to read as follows:
    42    2.  For each rental vehicle of the passenger or suburban type having a
    43  seating capacity for passengers, including the driver, of  five  persons

    44  or  less,  the annual fee of [forty-two] fifty-three dollars and [fifty-
    45  five] nineteen cents. For each such vehicle having  a  seating  capacity
    46  for  passengers, including the driver, of not less than six persons, nor
    47  more than seven persons, the annual  fee  of  [fifty-nine]  seventy-four
    48  dollars  and [eighty] seventy-five cents. For each such vehicle having a
    49  seating capacity for passengers, including the driver, of at least eight
    50  persons, but not more than ten persons, the annual fee  of  [sixty-nine]
    51  eighty-six  dollars and twenty-five cents.  For each such vehicle having
    52  a seating capacity for passengers, including the  driver,  of  at  least
    53  eleven  persons,  but  not  more than fifteen persons, the annual fee of

    54  [ninety] one hundred thirteen dollars and [eighty-five] fifty-six cents.

        S. 59--B                           15                          A. 159--B
 
     1    § 12. Schedule K of subdivision 7 of section 401 of  the  vehicle  and
     2  traffic  law, as added by chapter 621 of the laws of 1998, is amended to
     3  read as follows:
     4    K.  Schedule for heavy duty vehicles: Notwithstanding any inconsistent
     5  provision  of  this  section,  the  registration  fee  for  any  vehicle
     6  described  in this paragraph shall be increased by up to [two] three and
     7  [six-tenths] twenty-five one hundredths percent of such registration fee
     8  in effect on [June] September first, [nineteen hundred ninety-eight] two

     9  thousand nine, to fund the direct and indirect costs of the  development
    10  and implementation of a heavy duty emissions inspection program pursuant
    11  to  section  19-0320  of  the  environmental conservation law, including
    12  planning, development of regulations and guidance, state  implementation
    13  plan  development,  personnel  costs  attributable  to  the program, and
    14  enforcement costs. Such fee is authorized to  be  collected,  commencing
    15  June first, nineteen hundred ninety-nine, at the time of registration of
    16  any vehicle required to be registered in New York having a gross vehicle
    17  weight of greater than eight thousand five hundred pounds and powered by
    18  diesel  fuels  except  for those vehicles defined in section one hundred
    19  one of this chapter, subparagraph two of paragraph  E  and  subparagraph
    20  (a) of paragraph F of this subdivision, and vehicles specified in subdi-

    21  vision  thirteen of this section, and farm type tractors and all terrain
    22  type vehicles used exclusively for agricultural or mowing  purposes,  or
    23  for  snow  plowing, other than for hire, farm equipment, including self-
    24  propelled machines used exclusively in growing, harvesting  or  handling
    25  farm  produce,  and self-propelled caterpillar or crawler-type equipment
    26  while being operated on the contract site, and timber harvesting  equip-
    27  ment  such  as  harvesters, wood chippers, forwarders, log skidders, and
    28  other processing equipment  used  exclusively  off  highway  for  timber
    29  harvesting  and  logging purposes.  Notwithstanding any provision of law
    30  to the contrary, any fee amount collected  pursuant  to  this  paragraph
    31  shall  be  deposited  in the clean air fund, to the credit of the mobile
    32  source account, in accordance with the provisions of section ninety-sev-

    33  en-oo of the  state  finance  law.    Notwithstanding  any  inconsistent
    34  provision of this section, the difference collected between the increase
    35  of the percentage of the registration fees set forth in this schedule in
    36  effect  on and after September first, two thousand nine and the percent-
    37  age of the registration fees set forth in this schedule in effect  prior
    38  to  such  date shall be deposited to the credit of the dedicated highway
    39  and bridge trust fund.
    40    § 13. Paragraph a of subdivision 8 of section 401 of the  vehicle  and
    41  traffic law, as amended by chapter 55 of the laws of 1992, is amended to
    42  read as follows:
    43    a.  The  provisions  of this chapter in relation to registration books
    44  and registration, certificates of registration,  number  plates,  dupli-

    45  cates  of  certificates  and  number  plates,  times of registration and
    46  reregistration and the duration thereof, for motor vehicles, shall apply
    47  also to trailers. The following fees shall be paid upon the registration
    48  or reregistration of a trailer, other than a coach or house trailer or a
    49  semitrailer, in accordance with the  provisions  of  this  article:  The
    50  annual fee of [four] five dollars and [thirty-one] thirty-nine cents for
    51  each five hundred pounds or fraction thereof of maximum gross weight but
    52  in  no  case shall the annual fee be less than [eleven] fourteen dollars
    53  and [fifty] thirty-eight cents. The following fees shall  be  paid  upon
    54  the  registration  or  reregistration  of  a  coach  or house trailer in

    55  accordance with the provisions of this article: The annual  fee  of  one
    56  dollar  and  [thirty-eight]  seventy-three  cents  for  each one hundred

        S. 59--B                           16                          A. 159--B
 
     1  pounds or major fraction thereof of unladen weight but in no case  shall
     2  the  annual fee be less than [seventeen] twenty-one dollars and [twenty-
     3  five] fifty-seven cents. The following  fees  shall  be  paid  upon  the
     4  registration  or  reregistration  of  a  semitrailer  in accordance with
     5  provisions of this article: The annual  fee  of  [twenty-three]  twenty-
     6  eight  dollars and seventy-five cents.  However, upon the request of the

     7  applicant upon the registration or renewal of a registration of a  nine-
     8  teen  hundred  eighty-nine  or  later model year semitrailer, such semi-
     9  trailer may be registered for a period of not less than  five  and  one-
    10  half  nor  more  than  six  and one-half years for a fee of [sixty-nine]
    11  eighty-six dollars and twenty-five cents.  A semitrailer, used with  any
    12  device  for  converting it to a trailer, other than one being drawn by a
    13  tractor semitrailer combination as part of a double tandem  combination,
    14  shall be registered as a trailer.
    15    For  the  purposes of this paragraph, the unladen weight of a coach or
    16  house trailer shall include the  weight  of  any  equipment  permanently
    17  attached  to or installed in such trailer. Notwithstanding the foregoing
    18  provisions and pursuant to regulations and limitations to be established

    19  by the commissioner and upon payment of a fee of two dollars and  thirty
    20  cents  therefor  a  temporary permit to move a coach or house trailer on
    21  the public highways from one site to another  shall  be  issued  to  the
    22  owner  thereof upon application therefor. Such application shall be made
    23  in the manner prescribed by the commissioner.
    24    § 14. Subdivisions 2 and 3 of section 405-c of the vehicle and traffic
    25  law, as added by chapter 755 of the laws of 1987, are amended and a  new
    26  subdivision 4 is added to read as follows:
    27    2. In addition to the registration fees provided in subdivision one of
    28  this  section,  each  applicant for such registration shall pay a fee of
    29  two dollars and fifty cents for each cab card,  including  a  duplicate,
    30  issued  by  the  commissioner  in  accordance  with such agreement. If a

    31  number plate or plates is or are to be issued as a result of such appli-
    32  cation, the applicant shall also pay any fee which would be required  of
    33  any  applicant  for registration of a similar type vehicle under section
    34  four hundred one of this [chapter] title for the issuance  of  a  number
    35  plate or plates.
    36    3. The fee for a trip permit which allows operation of a vehicle with-
    37  in  this  state  shall  be  [fifteen]  eighteen dollars and seventy-five
    38  cents.
    39    4. Notwithstanding any inconsistent provision  of  this  section,  the
    40  difference  collected between the fees set forth in subdivisions two and
    41  three of this section in effect on and after September first, two  thou-
    42  sand nine and the fees set forth in such subdivisions in effect prior to

    43  such  date shall be deposited to the credit of the dedicated highway and
    44  bridge trust fund.
    45    § 15. The opening paragraph of section 401-a of the vehicle and  traf-
    46  fic  law,  as  amended by chapter 289 of the laws of 1992, is amended to
    47  read as follows:
    48    The owner of a vehicle intended to be operated upon a  public  highway
    49  or  street  only for the purpose of transporting the same to a jurisdic-
    50  tion, within this state or to any other state, where the same is  to  be
    51  registered,  may  file with the commissioner or any agent of the commis-
    52  sioner an application for issuance of  an  in-transit  permit  for  such
    53  vehicle.  The  application  shall  be  made  on  a form furnished by the
    54  commissioner for such purpose and shall contain such information as  the
    55  commissioner shall require. If satisfied that the vehicle is to be oper-

    56  ated as provided in this section, the commissioner shall upon payment of

        S. 59--B                           17                          A. 159--B
 
     1  a  fee  of [ten] twelve dollars and fifty cents assign to such vehicle a
     2  distinctive number and issue and deliver to the applicant an  in-transit
     3  permit,  valid for a period of thirty days from the date of issuance, in
     4  such  form as the commissioner shall prescribe, indicating the extent to
     5  which the vehicle covered by such permit may be operated on  the  public
     6  highways  and  such  vehicle  may  be  operated  only  as  so indicated.
     7  Notwithstanding any inconsistent provision of this section, the  differ-
     8  ence collected between the fees set forth in this paragraph in effect on

     9  and  after  September first, two thousand nine and the fees set forth in
    10  this paragraph in effect prior to such date shall be  deposited  to  the
    11  credit of the dedicated highway and bridge trust fund.
    12    §  16.  Paragraph a of subdivision 5 of section 410 of the vehicle and
    13  traffic law, as amended by chapter 435 of the laws of 1997,  is  amended
    14  to read as follows:
    15    a.   The annual fee for registration or reregistration of a motorcycle
    16  shall be eleven dollars and fifty cents.  Beginning April  first,  nine-
    17  teen hundred ninety-eight the annual fee for registration or reregistra-
    18  tion  of  a  motorcycle  shall be [fourteen] seventeen dollars and fifty
    19  cents, of which two dollars and fifty cents shall be deposited into  the

    20  motorcycle  safety  fund established pursuant to section ninety-two-g of
    21  the state finance law.
    22    § 17. Subdivision 1 of section 411-a of the vehicle and  traffic  law,
    23  as  added  by  chapter  962  of  the laws of 1981, is amended to read as
    24  follows:
    25    1. The commissioner may issue  special  number  plates  to  applicants
    26  therefor  in  the same manner as other number plates are issued pursuant
    27  to this article. Such special number plates shall be  issued  only  upon
    28  payment  of  an  annual service charge of [fifteen] eighteen dollars and
    29  seventy-five cents in addition to the regular fee prescribed by  section
    30  four  hundred  ten  of  this  [chapter] article. Application for special
    31  number plates shall be made in accordance with  regulations  promulgated

    32  by  the  commissioner  with  respect  to issuance of such number plates.
    33  Notwithstanding any inconsistent provision of this section, the  differ-
    34  ence  collected between the service charge set forth in this subdivision
    35  in effect on and after  September  first,  two  thousand  nine  and  the
    36  service  charge  set  forth  in this subdivision in effect prior to such
    37  date shall be deposited to the  credit  of  the  dedicated  highway  and
    38  bridge trust fund.
    39    §  18. Section 411-b of the vehicle and traffic law, as added by chap-
    40  ter 30 of the laws of 1989, is amended to read as follows:
    41    § 411-b. Registration fee schedule for historical  motorcycles.    For
    42  each  motorcycle  which  is owned and operated as an exhibition piece or
    43  collectors item, and is  used  for  participation  in  club  activities,

    44  exhibit, tours, parades, occasional transportation and similar uses, but
    45  not  used  for  general  daily transportation, an annual fee of [twenty]
    46  twenty-five dollars. For purposes of this section, a historical motorcy-
    47  cle shall mean any motorcycle manufactured more than  twenty-five  years
    48  prior  to  the current calendar year, and any other model, year and type
    49  motorcycle which has unique characteristics and which is  determined  by
    50  the  commissioner  to  be  of  historical,  classic or exhibition value.
    51  Registration plates for such motorcycles shall be of a type  and  design
    52  approved  by  the  commissioner,  but  shall be of a distinctive nature,
    53  except that, with the approval of the commissioner, an owner of any such
    54  motorcycle may utilize registration plates of this state with  the  date
    55  of  year corresponding to the model year date when the vehicle was manu-

    56  factured, if the model year date registration plate is legible and serv-

        S. 59--B                           18                          A. 159--B
 
     1  iceable, as determined by the department, in lieu  of  the  registration
     2  plates  otherwise  required  by  this chapter. Such plates shall be used
     3  only for the operation of the  motorcycle  listed  on  the  registration
     4  application  and  on other motorcycles which would qualify for registra-
     5  tion under this schedule owned by persons other than the registrant  for
     6  the  purpose  of  test  driving by the registrant or his agent in antic-
     7  ipation of possible purchase. No such registration will be issued unless
     8  evidence of financial security, in a form prescribed by the  commission-
     9  er,  is  submitted  which provides coverage for the motorcycle listed on

    10  the registration application and for non-owned motorcycles  being  oper-
    11  ated  with  such plates.   Notwithstanding any inconsistent provision of
    12  this section, the difference collected between the  fees  set  forth  in
    13  this  section  in effect on and after September first, two thousand nine
    14  and the fees set forth in this section in  effect  prior  to  such  date
    15  shall  be  deposited  to  the credit of the dedicated highway and bridge
    16  trust fund.
    17    § 19. Paragraph (b) of subdivision 3 of section 2261  of  the  vehicle
    18  and traffic law, as added by chapter 869 of the laws of 1976, is amended
    19  to read as follows:
    20    (b)  The  annual  fee for the registration, renewal, reregistration or
    21  amendment or duplicate of a registration of  a  limited  use  motorcycle

    22  shall  be  [five] six dollars and twenty-five cents.  Any such registra-
    23  tion will commence and expire on dates to be determined by  the  commis-
    24  sioner.  A  fee  for a registration for periods of more or less than one
    25  year shall not be prorated.
    26    § 20.  Subparagraph A of paragraph e of subdivision 6 of  section  401
    27  of  the  vehicle and traffic law, as added by chapter 793 of the laws of
    28  1977, is amended to read as follows:
    29    A. In addition to any other fee for registration required to  be  paid
    30  pursuant to this article, the commissioner may require the payment of an
    31  annual  service  charge of [five] six dollars and twenty-five cents upon
    32  the issuance  of  a  radio  operator  number  plate  which  he,  in  his
    33  discretion,  is  hereby  authorized to do as provided by this paragraph.

    34  Notwithstanding any inconsistent provision of this section, the  differ-
    35  ence collected between the registration fees set forth in this paragraph
    36  in effect on and after September first, two thousand nine and the regis-
    37  tration  fees  set  forth in this paragraph in effect prior to such date
    38  shall be deposited to the credit of the  dedicated  highway  and  bridge
    39  trust fund.
    40    §  21. Subdivision 1 of section 404 of the vehicle and traffic law, as
    41  amended by chapter 170 of the laws  of  1994,  is  amended  to  read  as
    42  follows:
    43    1.  The  commissioner  may  issue  special number plates to applicants
    44  therefor in the same manner as other number plates are  issued  pursuant
    45  to  this  article.  Such special number plates shall be issued only upon

    46  payment of an annual service charge of [twenty-five] thirty-one  dollars
    47  and  twenty-five  cents  in  addition  to  the regular fee prescribed by
    48  section four hundred one of  this  [chapter]  article.  Application  for
    49  special  number  plates  shall  be  made  in accordance with regulations
    50  promulgated by the commissioner with respect to issuance of such  number
    51  plates.   Provided, however, in lieu of the annual fee specified herein,
    52  the commissioner may establish specific categories of plates  for  which
    53  an  annual  fee of not less than [fifteen] eighteen dollars and seventy-
    54  five cents nor more than [twenty-five] thirty-one  dollars  and  twenty-
    55  five cents may be charged subject to the approval of the director of the

    56  division  of  the budget.  Notwithstanding any inconsistent provision of

        S. 59--B                           19                          A. 159--B
 
     1  this section, the difference collected between the special plates fee or
     2  service charge set forth in this subdivision  in  effect  on  and  after
     3  September first, two thousand nine and the special plates fee or service
     4  charge  set forth in this subdivision in effect prior to such date shall
     5  be deposited to the credit of the dedicated  highway  and  bridge  trust
     6  fund.
     7    §  22. Subdivision 2 of section 404 of the vehicle and traffic law, as
     8  separately amended by chapters 158 and 190  of  the  laws  of  1990,  is
     9  amended to read as follows:

    10    2.  For  purposes  of  this section, a special number plate shall be a
    11  plate which contains not more than eight letters, numerals or any combi-
    12  nation thereof and which is reserved by the commissioner for issuance in
    13  accordance with the provisions of this section, or a plate reserved  for
    14  issuance  in a series for vehicles owned by public officers, physicians,
    15  visiting nurses,  accredited  representatives  of  the  press  or  other
    16  groups.  In  issuing  special  number plates the commissioner shall give
    17  those applicants who held a special number plate  at  the  time  of  the
    18  enactment  of this section the right to retain such special number plate
    19  upon the payment of the annual service charge of  [twenty-five]  thirty-
    20  one  dollars  and twenty-five cents.  Provided, however, that such right

    21  of retention shall apply only to the first renewal of  the  registration
    22  of  such  special  number plate following the enactment of this section.
    23  Notwithstanding any inconsistent provision of this section, the  differ-
    24  ence  collected  between  the  annual  service  charge set forth in this
    25  subdivision in effect on and after September first,  two  thousand  nine
    26  and  the  annual  service charge set forth in this subdivision in effect
    27  prior to such date shall be deposited to the  credit  of  the  dedicated
    28  highway and bridge trust fund.
    29    §  23.  Subdivision 2 of section 404-l of the vehicle and traffic law,
    30  as amended by chapter 170 of the laws of 1994, is  amended  to  read  as
    31  follows:
    32    2. A distinctive plate issued pursuant to this section shall be issued

    33  in  the  same  manner as other number plates upon payment of the regular
    34  registration fee prescribed by section four hundred one of this  article
    35  provided,  however, that an additional annual service charge of [twenty-
    36  five] thirty-one dollars and twenty-five cents shall be charged for such
    37  plates, and provided that a further additional annual service charge  of
    38  [twenty-five]  thirty-one dollars and twenty-five cents shall be charged
    39  for any  such  plate  containing  specially  requested  numerals  and/or
    40  letters.  Provided, however, in lieu of the annual fee specified herein,
    41  the commissioner may establish specific categories of plates  for  which
    42  an  annual  fee of not less than [fifteen] eighteen dollars and seventy-

    43  five cents nor more than [twenty-five] thirty-one  dollars  and  twenty-
    44  five cents may be charged subject to the approval of the director of the
    45  division  of  the budget.  Notwithstanding any inconsistent provision of
    46  this section, the difference collected between the annual service charge
    47  or fee set forth in this subdivision in effect on  and  after  September
    48  first,  two thousand nine and the annual service charge or fee set forth
    49  in this subdivision in effect prior to such date shall be  deposited  to
    50  the credit of the dedicated highway and bridge trust fund.
    51    §  24.  Paragraph b of subdivision 3 of section 401 of the vehicle and
    52  traffic law, as amended by chapter 548 of the laws of 1986,  is  amended
    53  to read as follows:

    54    b. During a registration period the commissioner may, upon application
    55  by  the owner of a registered motor vehicle and upon payment of a fee of
    56  three dollars and seventy-five  cents,  change  the  distinctive  number

        S. 59--B                           20                          A. 159--B
 
     1  assigned  to  such  motor  vehicle  and issue a new set of number plates
     2  provided the original registration and number  plates  are  surrendered.
     3  Notwithstanding  any inconsistent provision of this section, the differ-
     4  ence  collected between the fees set forth in this subdivision in effect
     5  on and after September first, two thousand nine and the fees  set  forth
     6  in  this  subdivision in effect prior to such date shall be deposited to

     7  the credit of the dedicated highway and bridge trust fund.
     8    § 25. Schedule G of subdivision 7 of section 401 of  the  vehicle  and
     9  traffic  law,  as amended by chapter 710 of the laws of 2004, is amended
    10  to read as follows:
    11    G. Schedule for historical motor  vehicles.  For  each  motor  vehicle
    12  which  is  owned and operated as an exhibition piece or collectors item,
    13  and is used  for  participation  in  club  activities,  exhibit,  tours,
    14  parades,  occasional  transportation  and similar uses, but not used for
    15  general daily transportation, an annual fee  of  [twenty-three]  twenty-
    16  eight  dollars and seventy-five cents. For purposes of this paragraph, a
    17  historical motor vehicle shall mean any vehicle manufactured  more  than
    18  twenty-five  years  prior  to  the  current calendar year, and any other

    19  model, year and type vehicle which has unique characteristics and  which
    20  is  determined by the commissioner to be of historical, classic or exhi-
    21  bition value. Registration plates for such vehicles shall be of  a  type
    22  and  design  approved by the commissioner, but shall be of a distinctive
    23  nature. Except that, with the approval of the commissioner, an owner  of
    24  any  such  vehicle  may  utilize  registration plates issued in the year
    25  corresponding to the model year date in which the vehicle  was  manufac-
    26  tured,  if  the registration plate is legible, durable, and serviceable,
    27  of this state, and accurate in color, as determined by  the  department.
    28  Nothing  in  this  paragraph  shall  be construed to prohibit the use of
    29  previously issued registration plates that have been  restored,  without
    30  deviation from their original alphanumeric or pictorial content, to such

    31  condition  as  otherwise  satisfies  all  applicable  requirements. Such
    32  plates shall be used only for the operation of the motor vehicle  listed
    33  on  the registration application and on other motor vehicles which would
    34  qualify for registration under this schedule owned by persons other than
    35  the registrant for the purpose of test driving by the registrant or  his
    36  or  her agent in anticipation of possible purchase. No such registration
    37  will be  issued  unless  evidence  of  financial  security,  in  a  form
    38  prescribed by the commissioner, is submitted which provides coverage for
    39  the  motor  vehicle  listed on the registration application and for non-
    40  owned motor vehicles being operated with such plates.
    41    § 26. Subdivisions 6 and 8 of section 420 of the vehicle  and  traffic
    42  law,  as amended by chapter 190 of the laws of 1990, are amended to read
    43  as follows:

    44    6. Provided, further, that the registration of a vehicle registered in
    45  the names of two or more persons, as partners or  otherwise,  shall  not
    46  expire  upon  a change in ownership of the vehicle so long as any of the
    47  persons named in such registration as owners of the vehicle is the owner
    48  or part owner of the vehicle. However, when any change in the  ownership
    49  of such a vehicle occurs and the registration does not expire, the owner
    50  or owners after such change shall forthwith file with the commissioner a
    51  statement  of  the ownership of such vehicle in such form as the commis-
    52  sioner shall require, together with a fee of [seven]  ten  dollars  [and
    53  seventy-five  cents], and the commissioner shall issue a new certificate
    54  of registration.
    55    8. The owner of a registered motor vehicle, motorcycle or trailer  may

    56  transfer the registration and, if appropriate, the number plates thereof

        S. 59--B                           21                          A. 159--B
 
     1  to  another vehicle owned by him or her upon making application for such
     2  transfer, paying a transfer fee of [seven] ten dollars [and seventy-five
     3  cents], and paying the proportionate excess, if any, of the  annual  fee
     4  for  registering  the second vehicle over the annual fee for registering
     5  the first vehicle for each day  or  fraction  thereof  constituting  the
     6  unexpired  registration period, provided, however, that the registration
     7  and number plates for the second vehicle, if such vehicle is  registered
     8  in this state, are either surrendered to the commissioner or transferred
     9  to another vehicle as provided herein. If the number plates of the first

    10  vehicle  are not appropriate for the second vehicle, the commissioner or
    11  his or her agent shall,  upon  the  surrender  of  such  number  plates,
    12  furnish  appropriate number plates. Whenever a total fee for reregistra-
    13  tion prescribed in this section shall amount to a fee other than a whole
    14  dollar amount, the fee required to be paid shall be rounded to the near-
    15  est twenty-five cents.
    16    § 27.  This act shall take effect September 1, 2009; provided,  howev-
    17  er,  that  sections one, four through thirteen, sixteen, eighteen, nine-
    18  teen and twenty-five of this act shall apply to registrations issued  or
    19  renewed  on  and after such date; provided, further, that section two of
    20  this act shall apply to registrations  transferred  on  and  after  such
    21  date;  provided,  further, that section fourteen of this act shall apply

    22  to cab cards and trip permits issued on and after such  date;  provided,
    23  further,  that  section  fifteen  of  this act shall apply to in-transit
    24  permits issued on and after such date; provided, further, that  sections
    25  seventeen  and twenty-one through twenty-four of this act shall apply to
    26  license plates issued or renewed on and after such date;  and  provided,
    27  further,  that  section  twenty-six of this act shall apply to registra-
    28  tions transferred and changes in ownership occurring on and  after  such
    29  date.
 
    30                                   PART H
 
    31    Section  1. Paragraph a of subdivision 3 of section 401 of the vehicle
    32  and traffic law, as amended by section 1 of part B of chapter 62 of  the
    33  laws of 2003, is amended to read as follows:
    34    a.  Upon filing of such application and the payment of the fee herein-

    35  after provided, the commissioner shall assign to such  motor  vehicle  a
    36  distinctive  number  and,  without  expense  to the applicant, issue and
    37  deliver in such manner as the commissioner may select  to  the  owner  a
    38  certificate  of  registration,  in  such  form as the commissioner shall
    39  prescribe, and two number plates at a place within the state of New York
    40  named by the applicant in his or her application.  A number plate, with-
    41  in the meaning of this chapter, may, in the discretion  of  the  commis-
    42  sioner,  be  a  plate  of a permanent nature, treated with reflectorized
    43  material according to specifications prescribed by the commissioner, and
    44  with a date tag attached to such plate or to the vehicle  as  prescribed
    45  by  regulations of the commissioner indicating the validity of the plate
    46  during a certain period and the issuance of such  a  number  plate  with

    47  such date tag to a person possessing such a number plate shall be deemed
    48  the  issuance  of  a  number  plate.  An  additional  fee, not to exceed
    49  [fifteen] twenty-five dollars, shall be paid to the commissioner whenev-
    50  er a set of reflectorized number plates is issued for  any  vehicle  for
    51  which  a  registration fee is normally charged except that, with respect
    52  to any number plate which is specifically requested  by  the  applicant,
    53  such  fee  shall  be  paid  to  the  commissioner  upon approval of such
    54  request. In the event of the loss,  mutilation  or  destruction  of  any

        S. 59--B                           22                          A. 159--B
 
     1  certificate  of  registration,  any number plate or set of number plates
     2  whether with or without a date tag or tags, or any date tag  or  set  of

     3  date  tags provided for in this article, the owner of a registered motor
     4  vehicle  may  file  such statement and proof of the facts as the commis-
     5  sioner shall require, with a fee of three dollars, in the office of  the
     6  commissioner,  or,  unless  and  until  the commissioner shall otherwise
     7  direct, in the office of the agent who issued  the  certificate,  plate,
     8  plates,  tag  or  tags  and the commissioner or his or her agent, as the
     9  case may be, shall issue a duplicate or substitute. It shall be the duty
    10  of every owner holding a  certificate  of  registration  to  notify  the
    11  commissioner in writing of any change of residence of such person within
    12  ten  days after such change occurs, and to inscribe on such certificate,
    13  in the place provided by the commissioner, a record of  such  change  of
    14  residence.

    15    §  2.  This  act shall take effect on April 1, 2010 and shall apply to
    16  applications for new registrations and renewals  of  existing  registra-
    17  tions of any vehicle required to be registered on or after such date.
 
    18                                   PART I
 
    19    Section  1.  Subdivision  2 of section 1809 of the vehicle and traffic
    20  law, as amended by section 3 of part M of chapter  62  of  the  laws  of
    21  2003, is amended to read as follows:
    22    2.  Where  a person is convicted of two or more such crimes or traffic
    23  infractions committed through a single act or omission,  or  through  an
    24  act or omission which in itself constituted one of the crimes or traffic
    25  infractions  and  also was a material element of the other, the court or
    26  administrative tribunal shall impose a crime victim assistance fee and a
    27  mandatory surcharge mandated by subdivision one of this section for each

    28  such conviction; provided however, that in  no  event  shall  the  total
    29  amount  of  such  crime  victim assistance fees and mandatory surcharges
    30  imposed pursuant to paragraph (a) or (c)  of  subdivision  one  of  this
    31  section exceed one hundred eighty dollars.
    32    §  2.  This  act shall take effect on the ninetieth day after it shall
    33  have become a law; provided, however, that the amendments to subdivision
    34  2 of section 1809 of the vehicle and traffic law made by section one  of
    35  this  act  shall not affect the expiration of such subdivision and shall
    36  be deemed to expire therewith.
 
    37                                   PART J
 
    38    Section 1. Section 12 of chapter 569 of the laws of 1981, amending the
    39  vehicle and traffic law relating to motor vehicle  liability  insurance,
    40  financial  security,  criminal acts and penalties for non-compliance, as

    41  amended by section 1 of part I of chapter 59 of the  laws  of  2007,  is
    42  amended to read as follows:
    43    §  12.  This act shall take effect on the first day of September, 1982
    44  and the amendments made to the provisions of the vehicle and traffic law
    45  by sections one through nine of this act shall expire on June 30, [2009]
    46  2011 and shall apply to the use and operation of motor  vehicles  during
    47  such  period.  Upon such expiration date the provisions of such sections
    48  of such law shall revert to and be read as set out in law  on  the  date
    49  immediately  preceding  the effective date of this act. The commissioner
    50  shall widely publicize the provisions of this act and take  all  actions
    51  necessary to prepare for its implementation prior to the effective date.

        S. 59--B                           23                          A. 159--B

 
     1    § 2. Section 15 of chapter 781 of the laws of 1983, amending the vehi-
     2  cle  and  traffic law and other laws relating to motor vehicle liability
     3  insurance, financial security, criminal acts and certain  penalties  for
     4  non-compliance,  as  amended by section 2 of part I of chapter 59 of the
     5  laws of 2007, is amended to read as follows:
     6    § 15. This act shall take effect immediately except that sections  ten
     7  and  eleven hereof shall take effect on June 30, [2009] 2011; the amend-
     8  ments made to the provisions of the vehicle  and  traffic  law  and  the
     9  insurance  law  by  sections  one through seven of this act shall expire
    10  June 30, [2009] 2011; upon such date the provisions of such sections  of
    11  such  laws  shall  revert  to  and be read as set out in law on the date
    12  immediately preceding the effective date of this act.

    13    § 3. This act shall take effect immediately and  shall  be  deemed  to
    14  have been in full force and effect on and after April 1, 2009.
 
    15                                   PART K
 
    16    Section  1. Item 2 of clause (A) of subparagraph (ii) of paragraph (i)
    17  of subdivision 1 of section 201 of  the  vehicle  and  traffic  law,  as
    18  amended  by  chapter  251  of  the  laws  of 2007, is amended to read as
    19  follows:
    20    (2) fifteen years for violating an out of service  order  as  provided
    21  for  in  the rules and regulations of the department of [motor vehicles]
    22  transportation while operating a commercial motor vehicle.
    23    § 2. Subdivision 5 of section 502 of the vehicle and  traffic  law  is
    24  amended by adding a new paragraph (b) to read as follows:
    25    (b)  The commissioner shall, with respect to the issuance of a hazard-

    26  ous materials endorsement, comply with  the  requirements  imposed  upon
    27  states  pursuant to sections 383.141 and 1572.13 of title 49 of the code
    28  of federal regulations.
    29    § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle  and
    30  traffic law, as amended by chapter 81 of the laws of 1995, is amended to
    31  read as follows:
    32    (a)  A  license  issued  pursuant  to subdivision five of this section
    33  shall be valid until the expiration date contained thereon, unless  such
    34  license  is suspended, revoked or cancelled. Such license may be renewed
    35  by submission of an application for renewal, the fee prescribed by  law,
    36  proofs  of  prior licensing, fitness and acceptable vision prescribed by
    37  the  commissioner,  the  applicant's  social  security  number,  and  if
    38  required  by  the  commissioner  a  photo image of the applicant in such

    39  numbers and form as the commissioner shall prescribe.   In addition,  an
    40  applicant  for  renewal  of  a  license  containing a hazardous material
    41  endorsement shall pass an examination to retain  such  endorsement.  The
    42  commissioner shall, with respect to the renewal of a hazardous materials
    43  endorsement,  comply  with  the  requirements  imposed  upon  states  by
    44  sections 383.141 and 1572.13 of title 49 of the code  of  federal  regu-
    45  lations.  A  renewal of such license shall be issued by the commissioner
    46  upon approval of such application, except that no such license shall  be
    47  issued  if  its  issuance  would  be inconsistent with the provisions of
    48  section five hundred sixteen of this [chapter] title,  and  except  that
    49  the  commissioner  may  refuse to renew such license if the applicant is

    50  the holder of a currently valid or renewable license to drive issued  by
    51  another  state  or  foreign country unless the applicant surrenders such
    52  license.

        S. 59--B                           24                          A. 159--B
 
     1    § 4. Subparagraph (i) of paragraph (d) of subdivision 2 of section 501
     2  of the vehicle and traffic law, as amended by section 6  of  part  E  of
     3  chapter 60 of the laws of 2005, is amended to read as follows:
     4    (i)  Notwithstanding  the  foregoing provisions of this subdivision, a
     5  motor vehicle or combination of vehicles, other than a motorcycle,  that
     6  is  a  military  vehicle  operated by a member of the armed forces, or a
     7  police or fire vehicle during its use  in  an  emergency  operation,  as
     8  defined  in section one hundred fourteen-b of this chapter, or a vehicle

     9  owned and identified as being owned by the state, a  political  subdivi-
    10  sion  thereof,  an  ambulance  service  as defined in subdivision two of
    11  section three thousand one of the public health law or a voluntary ambu-
    12  lance service as defined in subdivision three of such section  and  used
    13  to  provide  emergency medical service as defined in section three thou-
    14  sand one of the public health law may be operated with any class license
    15  other than a class DJ, M or MJ license. For the purposes of  this  para-
    16  graph  the  term  "member of the armed forces" shall include active duty
    17  military personnel; members of the reserve components of the armed forc-
    18  es; members of the national guard on active duty, including personnel on
    19  full time active guard  duty,  personnel  on  part-time  national  guard
    20  training,  and  national  guard  military technicians (civilians who are

    21  required to wear military uniforms); and active duty United States coast
    22  guard personnel. The term shall not include United States reserve  tech-
    23  nicians.    Notwithstanding  the provisions of section one hundred four-
    24  teen-b of this chapter, for the purposes of this subparagraph, the  term
    25  "emergency operation" shall include returning from emergency service.
    26    §  5.  Paragraph  (b) of subdivision 4 of section 501-a of the vehicle
    27  and traffic law, as amended by chapter 251  of  the  laws  of  2007,  is
    28  amended to read as follows:
    29    (b)  However,  a  commercial  motor  vehicle  shall not include: (i) a
    30  personal use vehicle or a farm vehicle or a combination  of  such  vehi-
    31  cles;  (ii)  any motor vehicle or combination of motor vehicles operated
    32  by a member of the armed forces for military purposes; (iii) a police or

    33  fire vehicle or a vehicle during its use in an emergency  operation,  as
    34  defined  in  section  one  hundred fourteen-b of this chapter, owned and
    35  identified as being owned by the state, a political subdivision thereof,
    36  an ambulance service as defined in  subdivision  two  of  section  three
    37  thousand  one  of the public health law or a voluntary ambulance service
    38  as defined in subdivision three of such  section  and  used  to  provide
    39  emergency  medical  service  as defined in section three thousand one of
    40  the public health law or combination of such vehicles; or (iv) a vehicle
    41  or combination of vehicles which is  designed  and  primarily  used  for
    42  purposes  other than the transportation of persons or property and which
    43  is operated on a public highway only occasionally  for  the  purpose  of
    44  being  transported  to  a  construction or off-highway site at which its

    45  primary purpose is to be performed except as may  otherwise  be  specif-
    46  ically  provided  by regulation of the commissioner. For the purposes of
    47  this paragraph, the term "member of  the  armed  forces"  shall  include
    48  active duty military personnel; members of the reserve components of the
    49  armed  forces;  members  of the national guard on active duty, including
    50  personnel on  full  time  active  guard  duty,  personnel  on  part-time
    51  national guard training, and national guard military technicians (civil-
    52  ians who are required to wear military uniforms); and active duty United
    53  States  coast  guard personnel. The term shall not include United States
    54  reserve technicians.  Notwithstanding  the  provisions  of  section  one
    55  hundred  fourteen-b of this chapter, for the purposes of this paragraph,


        S. 59--B                           25                          A. 159--B
 
     1  the term "emergency operation" shall include  returning  from  emergency
     2  service.
     3    §  6.  Paragraphs (a) and (b) of subdivision 2 of section 510-a of the
     4  vehicle and traffic law, as amended by section 2 of part J of chapter 59
     5  of the laws of 2006, are amended to read as follows:
     6    (a) Except as otherwise provided in paragraph (b) of this subdivision,
     7  where revocation of a commercial driver's license is mandatory  pursuant
     8  to  paragraph (a), (c), (d) or (e) of subdivision one of this section no
     9  new commercial driver's license shall be issued for at  least  one  year
    10  nor thereafter except in the discretion of the commissioner, except that
    11  if such person has previously been found to have refused a chemical test

    12  pursuant  to section eleven hundred ninety-four of this chapter or has a
    13  prior conviction of any of the  following  offenses:  any  violation  of
    14  section  eleven  hundred  ninety-two  of  this chapter, any violation of
    15  subdivision one or two of section six hundred of this  chapter,  or  any
    16  felony involving the use of a motor vehicle pursuant to paragraph (a) of
    17  subdivision  one  of  this section, or has been convicted of operating a
    18  commercial motor vehicle when, as a result of prior violations committed
    19  while operating a commercial  motor  vehicle,  the  driver's  commercial
    20  driver's  license  is  revoked, suspended, or canceled, or the driver is
    21  disqualified from operating a commercial  motor  vehicle,  or  has  been
    22  convicted  of  causing  a  fatality through the negligent operation of a
    23  commercial motor vehicle, including but not limited  to  the  crimes  of

    24  vehicular  manslaughter  or  criminally  negligent  homicide,  then such
    25  commercial driver's license revocation shall be permanent.
    26    (b) Where revocation is mandatory pursuant to paragraph (a), (c),  (d)
    27  or (e) of subdivision one of this section and the commercial motor vehi-
    28  cle  was  transporting  hazardous  materials, no new commercial driver's
    29  license shall be issued for at least three years nor  thereafter  except
    30  in  the  discretion  of the commissioner, except that if such person has
    31  previously been found to  have  refused  a  chemical  test  pursuant  to
    32  section  eleven  hundred  ninety-four  of  this  chapter  or has a prior
    33  conviction of any of the following offenses: any  violation  of  section
    34  eleven  hundred ninety-two of this chapter, any violation of subdivision
    35  one or two of section six hundred of this chapter, or any felony involv-

    36  ing the use of a motor vehicle pursuant to paragraph (a) of  subdivision
    37  one  of  this section, or been convicted of operating a commercial motor
    38  vehicle when, as a result of prior violations committed while  operating
    39  a  commercial  motor vehicle the driver's commercial driver's license is
    40  revoked, suspended, or canceled, or  the  driver  is  disqualified  from
    41  operating a commercial motor vehicle, or has been convicted of causing a
    42  fatality  through the negligent operation of a commercial motor vehicle,
    43  including but not limited to the crimes  of  vehicular  manslaughter  or
    44  criminally  negligent  homicide,  then  such commercial driver's license
    45  revocation shall be permanent.
    46    § 7. Paragraphs (a) and (b) of subdivision 3 of section 510-a  of  the
    47  vehicle  and  traffic  law, paragraph (a) as added by chapter 173 of the

    48  laws of 1990 and paragraph (b) as amended by chapter 251 of the laws  of
    49  2007, are amended to read as follows:
    50    (a)  A  commercial  driver's license shall be suspended by the commis-
    51  sioner for a period of sixty days where the holder is convicted[, during
    52  any three year period,] of two serious traffic violations as defined  in
    53  subdivision  four  of this section committed within a three year period,
    54  in separate  incidents  whether  such  convictions  occurred  within  or
    55  outside of this state.

        S. 59--B                           26                          A. 159--B
 
     1    (b)  A  commercial  driver's license shall be suspended by the commis-
     2  sioner for a period of one hundred  twenty  days  where  the  holder  is
     3  convicted[,  during  any  three  year  period,] of three serious traffic

     4  violations as defined in subdivision  four  of  this  section  committed
     5  within   a  three  year  period,  in  separate  incidents  whether  such
     6  convictions occurred within or outside of this  state.  Such  suspension
     7  shall  take  effect upon the termination of any other suspension already
     8  in effect pursuant to paragraph (a) of this subdivision  or  this  para-
     9  graph.
    10    §  8.  Subparagraphs (i) and (ii) of paragraph (d) of subdivision 3 of
    11  section 510-a of the vehicle and traffic law, as amended by chapter  569
    12  of the laws of 2002, are amended to read as follows:
    13    (i)  for a period of [ninety] one hundred eighty days where the holder
    14  was found to have operated a commercial motor vehicle designed  or  used
    15  to  transport property as defined in subparagraphs (i) and (ii) of para-

    16  graph (a) of subdivision four of section  five  hundred  one-a  of  this
    17  title,  in  violation  of an out-of-service order as provided for in the
    18  rules and regulations of the department of transportation  whether  such
    19  violation  was  committed within this state or was the same or a similar
    20  violation involving an out-of-service order committed  outside  of  this
    21  state;
    22    (ii)  for  a  period  of  [one year] two years if, during any ten-year
    23  period, the holder is found to have committed two  such  violations  not
    24  arising  from  the  same incident whether such violations were committed
    25  within or outside of the state;
    26    § 9. Subdivision 6 of section 510-a of the vehicle and traffic law, as
    27  added by chapter 173 of the laws of 1990, is amended to read as follows:
    28    6. Application of section to persons not holding a commercial driver's

    29  license. Whenever a person who is not the holder of a  commercial  driv-
    30  er's  license  issued  by  the  commissioner is convicted of a violation
    31  arising out of the operation of a commercial motor vehicle  which  would
    32  require  the mandatory revocation or suspension of a commercial driver's
    33  license pursuant to this section or clause (i) or (ii)  of  subparagraph
    34  five of paragraph (b) or clause b of subparagraph three of paragraph (e)
    35  of  subdivision  two of section eleven hundred ninety-three, or clause c
    36  of subparagraph one of paragraph (d) of subdivision two of section elev-
    37  en hundred ninety-four of this chapter, the privilege of such person  to
    38  operate  a  commercial motor vehicle and/or to obtain a commercial driv-
    39  er's license issued by the commissioner will be suspended or revoked for

    40  the same periods of time and subject to the same conditions provided  in
    41  this  section,  or  clause (i) or (ii) of subparagraph five of paragraph
    42  (b) or clause b of subparagraph three of paragraph  (e)  of  subdivision
    43  two  of section eleven hundred ninety-three, or clause c of subparagraph
    44  one of paragraph (d) of subdivision two of section eleven hundred  nine-
    45  ty-four  of  this  chapter, which would be applicable to the holder of a
    46  commercial driver's license [and in addition, the  driver's  license  or
    47  privilege of operating a motor vehicle by such person shall be suspended
    48  or revoked for the same periods of time for which the privilege of oper-
    49  ating a commercial motor vehicle or the privilege to obtain a commercial

    50  driver's license are suspended or revoked].
    51    §  10.  Subparagraphs  (v) and (vi) of paragraph d of subdivision 2 of
    52  section 140 of the transportation law, subparagraph (v)  as  amended  by
    53  section  2 of part K of chapter 412 of the laws of 1999 and subparagraph
    54  (vi) as added by chapter 173 of the laws of 1990, are amended to read as
    55  follows:

        S. 59--B                           27                          A. 159--B
 
     1    (v) (a) [Operation of any motor vehicle after it has been placed  out-
     2  of-service]  A  driver  who  is convicted of violating an out-of-service
     3  order as provided for in the department's safety rules  and  regulations
     4  shall  [constitute]  be guilty of a [misdemeanor and] traffic infraction

     5  which  shall be punishable by a fine of not less than [one] two thousand
     6  five hundred dollars nor more than [two] four  thousand  [five  hundred]
     7  dollars[,  or  by imprisonment for not more than ninety days, or by both
     8  such fine and imprisonment] upon the first offense, and upon being found
     9  guilty of a second or subsequent offense within  eighteen  months  by  a
    10  fine  of  not  less  than [two] five thousand [five hundred] dollars nor
    11  more than [five] six thousand dollars [or by imprisonment for  not  more
    12  than one hundred eighty days or by both such fine and imprisonment].
    13    (b)  No  person,  corporation,  limited  liability company or business

    14  entity, joint stock association, partnership, or any  officer  or  agent
    15  thereof,  shall knowingly allow, require, permit or authorize any person
    16  to operate a commercial motor vehicle as defined by section five hundred
    17  one-a of the vehicle and traffic law during any  period  in  which  such
    18  person [or], such commercial motor vehicle, or such motor carrier opera-
    19  tion  has been placed out of service as provided for in the department's
    20  safety rules and regulations and shall be subject to a fine of not  less
    21  than  two  thousand [five] seven hundred fifty dollars and not more than
    22  [ten] twenty-five thousand dollars for any violation thereof.
    23    (c) No person, corporation,  limited  liability  company  or  business

    24  entity,  joint  stock  association, partnership, or any officer or agent
    25  thereof, shall knowingly allow, require, permit or authorize any  person
    26  to operate a commercial motor vehicle as defined in section five hundred
    27  one-a  of  the  vehicle  and  traffic law in violation of section eleven
    28  hundred seventy-one or eleven hundred seventy-six  of  the  vehicle  and
    29  traffic  law and, upon conviction thereof, shall be subject to a fine of
    30  not more than ten thousand dollars for any violation thereof.
    31    (vi) If any person, corporation,  company,  association,  joint  stock
    32  association,  partnership,  person or any officer or agent thereof, does
    33  not appear in response to an appearance ticket or the court's direction,
    34  or pay any fine imposed by the court or a civil penalty imposed pursuant

    35  to the provisions of section one hundred forty-five of this article, the
    36  commissioner of motor vehicles shall  have  the  power  to  suspend  the
    37  registration  or  privilege  of  operation  of  any  vehicle operated or
    38  alleged to have been operated in violation of  the  department's  safety
    39  rules and regulations.
    40    §  11. This act shall take effect immediately; provided, however, that
    41  sections six, seven, and nine of this act shall apply only to violations
    42  occurring on or after such effective date; and provided,  further,  that
    43  sections eight and ten of this act shall take effect on the sixtieth day
    44  after  it  shall  have  become  a law and shall apply only to violations
    45  occurring on or after such effective date.
 
    46                                   PART L
 
    47    Section 1. Subdivision 4 of section 502 of the vehicle and traffic law

    48  is amended by adding a new paragraph (h) to read as follows:
    49    (h)  Course  completion  certificate  fee.    The  fee  for  a  course
    50  completion  certificate  provided by the department to an entity that is
    51  approved by the commissioner to offer the pre-licensing course, required
    52  by this subdivision, for issuance by such entity to students upon  their
    53  completion  of  such  pre-licensing course shall be one dollar. Such fee

        S. 59--B                           28                          A. 159--B
 
     1  shall be paid by such entity and shall not be charged to  a  person  who
     2  takes the course in any manner.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
 
     5                                   PART M
 

     6    Intentionally omitted.
 
     7                                   PART N
 
     8    Intentionally omitted.
 
     9                                   PART O
 
    10    Section 1. Paragraph (e) of subdivision 3 of section 22-c of the state
    11  finance law, as added by section 1 of part Z of chapter 62 of  the  laws
    12  of  2006, subparagraph (vi) as amended by section 1 of part Q of chapter
    13  61 of the laws of 2006, is amended to read as follows:
    14    (e) A comprehensive financial report and plan for the dedicated  high-
    15  way  and  bridge trust fund established by section eighty-nine-b of this
    16  chapter, which shall be submitted to the comptroller at the same time as
    17  the plan is submitted to the legislature, and which  shall  include  the
    18  following  information  pertaining  to  the dedicated highway and bridge
    19  trust fund separately stated for the last completed  fiscal  year,  [the

    20  completed  quarters of] the current fiscal year and the next five fiscal
    21  years:
    22    (i) a detailed description of all actual and projected revenues of the
    23  dedicated highway and bridge trust fund, separately stating  the  amount
    24  received or expected to be received from bond proceeds, and the amounts,
    25  separately  identified,  received or expected to be received from taxes,
    26  fees, transfers, or other sources;
    27    (ii) a detailed description of [actual or proposed appropriations  and
    28  reappropriations  from  the dedicated highway and bridge trust fund, and
    29  the] actual or planned disbursements [pursuant  to  such  appropriations
    30  and  reappropriations]  and  transfers  from  the  dedicated highway and
    31  bridge trust fund, separately  stating  in  the  aggregate  the  amounts

    32  [appropriated,  reappropriated, and] disbursed or transferred or planned
    33  to be disbursed or transferred for (A) debt service costs,  (B)  capital
    34  project  costs,  (C)  state operations costs, (D) costs of contracts for
    35  engineering and similar or related services related to  capital  project
    36  costs  and  state  operations,  and  (E) the costs of state employees to
    37  provide similar services on projects for which service contracts are not
    38  expected to be used, and further separately stating the amounts of  such
    39  [debt  service,]  capital  project and state operations costs [appropri-
    40  ated, reappropriated, and] disbursed or  planned  to  be  disbursed  for
    41  personal service and non-personal service costs[;
    42    (iii)  a detailed description of each capital project supported by the

    43  dedicated highway and bridge trust fund for the  completed  prior  year,
    44  and  the  capital  projects  anticipated or available to be performed in
    45  whole or in part in the next year including the information required  by
    46  paragraph (d) of this subdivision together with the probable life of the
    47  work as determined in accordance with section sixty-one of this chapter;
    48    (iv)  for  prior periods,] (f) For the preceding four fiscal years and
    49  the current fiscal year, the bond coverage  ratio  on  [a  biennial]  an

        S. 59--B                           29                          A. 159--B
 
     1  annual  basis,  including the formula used to compute such ratio and the
     2  source of that formula[;].

     3    [(v)  an]  (g)  An explanation of any deficit projected for the end of
     4  any fiscal year covered by the plan stating whether the projected  defi-
     5  cit  is expected to be caused by an imbalance between projected revenues
     6  and projected expenditures, or by the timing of payments within a fiscal
     7  year, or by other causes[;].
     8    [(vi) an]  (h) A detailed description of actual or proposed  appropri-
     9  ations  and reappropriations from the dedicated highway and bridge trust
    10  fund, and the actual or planned disbursements pursuant to such appropri-
    11  ations and reappropriations.
    12    (i) An explanation of any actions proposed  to  be  taken  to  achieve
    13  increased opportunity for meaningful participation in the performance of

    14  state  contracts  by  minority  and  women-owned business enterprises in
    15  accordance with article fifteen-A of  the  executive  law,  including  a
    16  compliance  report to be submitted by July first of each year commencing
    17  with the two thousand five--two thousand six fiscal year  and  for  each
    18  subsequent  year  thereafter that includes: all the items of information
    19  required in accordance with regulations promulgated by the  director  of
    20  the division of minority and women's business development in the depart-
    21  ment  of  economic  development under article fifteen-A of the executive
    22  law; goals for participation by certified minority or women-owned  busi-
    23  ness enterprises for such fiscal year; and a description of the types of
    24  expenditures, projects or contracts[; and].
    25    [(vii) such] (j) Such other information as shall be necessary to pres-

    26  ent  a  full  and  accurate description of the financial position of the
    27  dedicated highway and bridge trust fund.
    28    § 2. Subdivision 2 of section 24 of the state finance law, as  amended
    29  by  section 3 of part Z of chapter 62 of the laws of 2006, is amended to
    30  read as follows:
    31    2. (a) On or after January first,  nineteen  hundred  eighty-four,  no
    32  budget bill submitted by the governor may include any proposed appropri-
    33  ation  or  reappropriation for any capital project which is not included
    34  in the capital plan presented as part of the budget  submitted  pursuant
    35  to  section  twenty-two  of this article. Each proposed appropriation or
    36  reappropriation for a  capital  project  shall  bear  the  capital  plan
    37  project reference number or numbers to which it shall pertain, and shall
    38  be  classified  into the same category as the associated capital project

    39  or projects have been classified in such capital plan.  Reappropriations
    40  of  appropriations  effective  for fiscal years beginning prior to April
    41  first, nineteen hundred eighty-four may be presented by  the  categories
    42  of  appropriation  contained in the bill originally enacting such appro-
    43  priation.
    44    (b) On or after January first, two thousand [seven]  ten,  any  budget
    45  bill  submitted  by the governor containing a proposed appropriation [or
    46  reappropriation] from the dedicated highway and bridge trust fund  shall
    47  be  itemized  to  show the following information for each such appropri-
    48  ation [or reappropriation]:
    49    (i) each amount appropriated [or reappropriated]  from  the  dedicated
    50  highway and bridge trust fund for capital purposes;

    51    (ii)  [the  amount of each such appropriation or reappropriation to be
    52  financed by pay-as-you-go moneys, as defined in paragraph (c) of  subdi-
    53  vision one of section twenty-two-c of this article;
    54    (iii)]  the  amount of each such appropriation [or reappropriation] to
    55  be used for personal service expenses; and

        S. 59--B                           30                          A. 159--B
 
     1    [(iv)] (iii) the amount of each  such  appropriation  [or  reappropri-
     2  ation] to be used for non-personal service expenses[; and
     3    (v) the citation of the statutory provision authorizing the use of the
     4  dedicated  highway  and  bridge  trust  fund for such capital project or

     5  other purpose].
     6    § 3. Subdivision 6 of section  89-b  of  the  state  finance  law,  as
     7  amended  by  section  4  of part Z of chapter 62 of the laws of 2006, is
     8  amended to read as follows:
     9    6. All payments of moneys from the dedicated highway and bridge  trust
    10  fund  shall  be  made on audit and warrant of the comptroller. Not later
    11  than [ten] twenty days after the end of each calendar quarter, the comp-
    12  troller shall submit to the director of the budget and the  chairpersons
    13  of  the fiscal committees of the legislature a report showing the amount
    14  of receipts identified as bond  proceeds  and  the  amounts,  separately
    15  identified,  received from taxes, fees, transfers, or other sources, and
    16  the amounts disbursed from the dedicated highway and bridge  trust  fund
    17  for  state  operations,  capital  projects and transfers to other funds.

    18  [Not later than thirty days after receiving such report, the director of
    19  the budget shall submit to the comptroller and the chairpersons  of  the
    20  fiscal  committees  of the legislature a detailed report identifying the
    21  amount of the previous quarter's disbursements  that  will  be  financed
    22  with state or public authority bond proceeds, taxes, fees, transfers, or
    23  other available sources.]
    24    §  4.  Section 89-b of the state finance law is amended by adding four
    25  new subdivisions 8, 9, 10 and 11 to read as follows:
    26    8. The state comptroller shall  at  the  commencement  of  each  month
    27  certify  to  the  director of the budget, the chairpersons of the senate
    28  finance and assembly ways and  means  committees,  the  commissioner  of

    29  transportation,  and  the  chairman  of the thruway authority the amount
    30  disbursed from the dedicated  highway  and  bridge  trust  fund  in  the
    31  preceding  month,  the  amounts reimbursed by the thruway authority, the
    32  revenues received in the fund, and the  unreimbursed  disbursements,  in
    33  accordance with section ten-e of the highway law.
    34    9.  Not  later than sixty days after the end of the state fiscal year,
    35  the department of transportation shall provide to the state comptroller,
    36  the chairpersons of the senate  finance  and  assembly  ways  and  means
    37  committees  and  the  division  of the budget, a detailed description of
    38  each capital project let during the completed prior year that is  funded

    39  fully  or  partially  from  the dedicated highway and bridge trust fund.
    40  Such description  shall  include  a  project  identification  number,  a
    41  description of the project in less than thirty words, the work type, the
    42  estimated  total  cost of the project and the probable life of each such
    43  project.
    44    10. Not later than March first of each state fiscal year, the  depart-
    45  ment  of  transportation  shall  provide  to  the state comptroller, the
    46  chairpersons of the senate finance and assembly ways and  means  commit-
    47  tees  and  the  division  of  the budget, a detailed description of each
    48  capital project anticipated or available to be let in  the  next  fiscal
    49  year  that is planned to be funded fully or partially from the dedicated

    50  highway and bridge trust fund. Such description shall include a  project
    51  identification  number, a description of the project in less than thirty
    52  words, the work type, the estimated total cost of the  project  and  the
    53  probable life of each such project.
    54    11.  The department of transportation shall provide to the state comp-
    55  troller and the chairpersons of the senate finance and assembly ways and
    56  means committees, not later than fourteen days subsequent to  reimburse-

        S. 59--B                           31                          A. 159--B
 
     1  ment  from bond proceeds to the dedicated highway and bridge trust fund,
     2  a cooperative agreement schedule of all  projects  so  reimbursed.  Such

     3  schedule  shall  include,  but not be limited to, an identifying project
     4  number, the work type, project description, county, total cost, percent-
     5  age of federal funding, letting date, scheduled completion date, life to
     6  date dedicated highway and bridge trust fund disbursements, prior amount
     7  of  thruway  authority  bond  proceeds  reimbursement, the amount of the
     8  current reimbursement, and the probable life of each such project.
     9    § 5. This act shall take effect immediately.
 
    10                                   PART P
 
    11    Section 1. Section 13 of part U1 of chapter 62 of  the  laws  of  2003
    12  amending  the general business law and other laws relating to implement-
    13  ing the state fiscal plan  for  the  2003-2004  state  fiscal  year,  as
    14  amended  by  section 1-b of part A of chapter 63 of the laws of 2005, is

    15  amended to read as follows:
    16    § 13. This act shall take effect immediately;  provided  however  that
    17  sections  one  through  nine  of  this  act  shall  expire and be deemed
    18  repealed on March 31, [2010] 2015; provided further, however,  that  the
    19  provisions of section eleven of this act shall take effect April 1, 2004
    20  and shall expire and be deemed repealed on March 31, [2010] 2015.
    21    §  2.  This  act shall take effect immediately, and shall be deemed to
    22  have been in full force and effect on and after April 1, 2009.
 
    23                                   PART Q
 
    24    Section 1. Section 39 of the agriculture and markets law,  as  amended
    25  by chapter 189 of the laws of 2008, is amended to read as follows:
    26    § 39. Penalties  for  violation of chapter or other laws. Every person

    27  violating any of the provisions of this chapter, or of any other law the
    28  enforcement of which is within the jurisdiction of the department shall,
    29  except where other penalties are hereinafter prescribed, be subject to a
    30  penalty in the sum of not more than [three hundred] six hundred  dollars
    31  for  the  first  violation, nor more than [six hundred] one thousand two
    32  hundred dollars  for  the  second  and  each  subsequent  violation  and
    33  provided  further, however, that for a violation of subdivision thirteen
    34  or fifteen of section two hundred of this chapter, the  minimum  penalty
    35  shall be five hundred dollars and the maximum penalty shall be one thou-
    36  sand dollars and that for the second and subsequent offenses such person
    37  may  also  be subject to an administrative order suspending the manufac-

    38  ture and/or sale of such confectionery for a period of time up to  three
    39  months  for  each  such  violation.  When such violation consists of the
    40  manufacture or production of any prohibited  article,  each  day  during
    41  which  or any part of which such manufacture or production is carried on
    42  or continued, shall be deemed a separate violation. When  the  violation
    43  consists  of  the sale, or the offering or exposing for sale or exchange
    44  of any prohibited article or substance, the sale of each one of  several
    45  packages  shall  constitute  a separate violation, and each day on which
    46  any such article or substance is offered or exposed for sale or exchange
    47  shall constitute a separate violation. If the sale be of milk and it  be
    48  in cans, bottles or containers of any kind and if the milk in any one of
    49  such  containers  be adulterated, it shall be deemed a violation whether

    50  such vendor be selling all the milk in all  of  his  containers  to  one
    51  person  or not. When the use of any such article or substance is prohib-
    52  ited, each day during which  or  any  part  of  which  such  article  or

        S. 59--B                           32                          A. 159--B
 
     1  substance  is  so used or furnished for use, shall constitute a separate
     2  violation, and the furnishing of the same for use to each person to whom
     3  the same may be furnished shall constitute a  separate  violation.  When
     4  the  storage  of any article is prohibited beyond a certain period, each
     5  day during which or any part of which any article is  so  stored  beyond
     6  the  period  provided  for  by this chapter, shall constitute a separate
     7  violation. A right of action for the recovery of, or  a  liability  for,

     8  penalties  incurred as provided in this chapter, or in any other law the
     9  enforcement of which is within the jurisdiction of the  department,  may
    10  be released, settled or compromised before the matter is referred to the
    11  attorney  general as provided in section forty-four of this article, and
    12  thereafter may be released,  settled  or  compromised  by  the  attorney
    13  general,  either  before  or  after an action is brought to recover such
    14  penalties.
    15    § 2. Section 40 of the agriculture and  markets  law,  as  amended  by
    16  chapter 55 of the laws of 1992, is amended to read as follows:
    17    § 40. Penalty  for  violation  of  rule or order.   [1.] Every person,
    18  association or corporation and all agents, officers and employees there-
    19  of, shall obey every order made as provided in this chapter, so long  as

    20  such  order  shall be in force. A person, association or corporation who
    21  shall fail by himself, itself or through his or its agents, officers and
    22  employees, to obey any order of the commissioner, or who  shall  violate
    23  any  rule  of the department shall be subject to a penalty not exceeding
    24  the sum of [two hundred] four hundred dollars for each and  every  first
    25  offense,  and  a  penalty  not exceeding the sum of [four hundred] eight
    26  hundred  dollars  for  a  second  and  each  subsequent  offense.  Every
    27  violation  of  such order, or of the rules of the department, shall be a
    28  separate and distinct offense, and in case of  a  continuing  violation,
    29  every  day's  continuance  thereof  shall  be  a  separate  and distinct
    30  offense.
    31    § 3. This act shall take effect immediately.
 

    32                                   PART R
 
    33    Section 1. Subdivision 1 of section 159-e  of  the  executive  law  is
    34  REPEALED.
    35    §  2.  Subdivision 2 of section 159-e of the executive law, as amended
    36  by chapter 710 of the laws of 1983,  is  renumbered  subdivision  1  and
    37  amended to read as follows:
    38    1.  "Eligible entity" shall mean any organization [which was]
    39    (a)  officially designated as a community action agency or a community
    40  action program under the provisions of section two hundred  ten  of  the
    41  economic  opportunity  act  of  1964  for  fiscal year 1981, unless such
    42  community action agency or a community action program  lost  its  desig-
    43  nation  under section two hundred ten of such act as a result of a fail-
    44  ure to comply with the provisions of such act; or

    45    (b) designated by the process described in section one hundred  fifty-
    46  nine-m  of  this  article  (including an organization serving migrant or
    47  seasonal farmworkers that is so described or designated).
    48    Such eligible entity shall have a tripartite board  as  its  governing
    49  board  [which  is  constituted  so  as  to  assure that one-third of the
    50  members of the board are elected  public  officials,  currently  holding
    51  office,  or  their  representatives, to be selected by the chief elected
    52  officials of the state or local government or combination  thereof,  who
    53  possess  the  authority to designate an eligible entity pursuant to this
    54  article, except that if  the  number  of  elected  officials  reasonably


        S. 59--B                           33                          A. 159--B

     1  available  and willing to serve is less than one-third of the membership
     2  of the board, membership on the board of appointive public officials may
     3  be counted in meeting such one-third requirements. At least one-third of
     4  the  members  are  persons  chosen  in  accordance  with  any democratic
     5  selection procedure which assures maximum feasible participation of poor
     6  persons residing in the area to be served by the  eligible  entity;  and
     7  the  remainder of the members are representatives of interest groups and
     8  private organizations within the community to be served,  including  but
     9  not  limited to social service agencies, educational institutions, busi-

    10  ness, industrial, labor and religious organizations] which fully partic-
    11  ipates in the development, planning, implementation, and  evaluation  of
    12  the program to serve low-income communities and through which the entity
    13  shall  administer  the  community services block grant program. However,
    14  such eligible entities which are public organizations shall have  either
    15  a tripartite board or another mechanism specified by the state to assure
    16  decision  making  and  participation  by  low-income  individuals in the
    17  development, planning, implementation, and evaluation of programs funded
    18  under this article.
    19    § 3. Section 159-e of the executive law is amended  by  adding  a  new
    20  subdivision 2 to read as follows:

    21    2. "Tripartite board" shall mean
    22    (a)  the governing board of a private nonprofit entity selected by the
    23  entity and composed so as to assure that
    24    (1) one-third of the members of the board  are  elected  public  offi-
    25  cials,  holding  office  on  the  date  of selection, or their represen-
    26  tatives, except that if the number of such elected officials  reasonably
    27  available  and  willing  to serve on the board is less than one-third of
    28  the membership of the board,  membership  on  the  board  of  appointive
    29  public officials or their representatives may be counted in meeting such
    30  one-third requirement;
    31    (2)  (A) not fewer than one-third of the members are persons chosen in

    32  accordance with democratic selection procedures adequate to assure  that
    33  these  members are representative of low-income individuals and families
    34  in the neighborhood served; and
    35    (B)  each  representative  of  low-income  individuals  and   families
    36  selected  to  represent a specific neighborhood within a community under
    37  clause (A) of this subparagraph resides in the neighborhood  represented
    38  by the member; and
    39    (3) the remainder of the members are officials or members of business,
    40  industry,  labor,  religious, law enforcement, education, or other major
    41  groups and interests in the community served; or
    42    (b) the governing board of a public  organization,  which  shall  have

    43  members  selected  by  the  organization  and shall be composed so as to
    44  assure that not fewer than one-third of the members are  persons  chosen
    45  in  accordance  with  democratic selection procedures adequate to assure
    46  that these members
    47    (1) are representative of low-income individuals and families  in  the
    48  neighborhood served;
    49    (2) reside in the neighborhood served; and
    50    (3)  are  able  to  participate actively in the development, planning,
    51  implementation, and evaluation of programs funded under this article.
    52    § 4. Section 159-i of the executive law, as amended by  section  1  of
    53  part R of chapter 59 of the laws of 2008, is amended to read as follows:
    54    §  159-i.  Distribution of funds. For federal fiscal year two thousand

    55  [nine] ten at least ninety percent of the community services block grant
    56  funds received by the state shall be distributed pursuant to a  contract

        S. 59--B                           34                          A. 159--B
 
     1  by  the secretary to [grantees] eligible entities as defined in subdivi-
     2  sion one of section one hundred fifty-nine-e of this article. Each  such
     3  [grantee] eligible entity shall receive the same proportion of community
     4  services  block  grant  funds as was the proportion of funds received in
     5  the immediately preceding federal fiscal year [nineteen hundred  eighty-
     6  one  by  such  grantee]  under  the federal community services [adminis-

     7  tration] block grant program [account numbers  01  and  05  pursuant  to
     8  section  two hundred twenty-one of title II and for migrant and seasonal
     9  farm worker organizations pursuant to section two hundred twenty-two  of
    10  title  II  of  the  economic  opportunity  act  of 1964, as amended,] as
    11  compared to the total amount received by all [grantees]  eligible  enti-
    12  ties in the state, under the federal community services [administration]
    13  block  grant  program [account numbers 01 and 05 pursuant to section two
    14  hundred twenty-one of title II and for migrant and seasonal farm  worker
    15  organizations  pursuant to section two hundred twenty-two of title II of

    16  such act in federal fiscal year nineteen hundred eighty-one].
    17    For federal fiscal year two thousand [nine] ten the  secretary  shall,
    18  pursuant to section one hundred fifty-nine-h of this article, retain not
    19  more  than  five percent of the community services block grant funds for
    20  administration at the state level.
    21    For federal fiscal year two thousand [nine] ten the remainder  of  the
    22  community  services  block  grant  funds  received by the state shall be
    23  distributed pursuant to a contract by the  secretary  in  the  following
    24  order  of  preference:  a  sum  of  up to one-half of one percent of the
    25  community services block grant funds received by  the  state  to  Indian
    26  tribes and tribal organizations as defined in this article, on the basis

    27  of  need;  [community action agencies established in federal fiscal year
    28  nineteen hundred eighty-three; counties which do not  have  a  community
    29  action  agency  in existence and seek to establish an organization which
    30  is consistent with the objectives of an eligible entity; limited purpose
    31  agencies which had received funding during federal fiscal year  nineteen
    32  hundred  eighty-one  under  section  two hundred twenty-one, section two
    33  hundred twenty-two(a)(4) or section two hundred thirty-two of  title  II
    34  of  the  economic opportunity act of 1964, as amended;] and to community
    35  based organizations.  Such remainder funds received by eligible entities
    36  will not be included in determining the proportion of funds received  by

    37  any  such  entity in the immediately preceding federal fiscal year under
    38  the federal community services block grant program.
    39    § 5. Section 159-l of the executive law, as added by  chapter  710  of
    40  the  laws  of  1983, is renumbered section 159-n and amended and two new
    41  sections 159-l and 159-m are added to read as follows:
    42    § 159-l. Decertification and reduction of entity shares. 1. Any eligi-
    43  ble entity that received funding in the  previous  federal  fiscal  year
    44  through  a  community services block grant made under this article shall
    45  not have its funding terminated under this article or reduced below  the
    46  proportional  share  of  funding  the entity received in the immediately
    47  preceding federal fiscal year, as determined  pursuant  to  section  one

    48  hundred fifty-nine-i of this article, unless, after providing notice and
    49  an  opportunity  for  a hearing on the record, the state determines that
    50  cause exists for such termination or such reduction, subject  to  review
    51  by  the  secretary  of  the United States department of health and human
    52  services. For purposes of making a determination that cause exists for:
    53    (a) a funding reduction, the term "cause" shall include
    54    (1) a statewide redistribution of funds provided through  a  community
    55  services block grant under this article to respond to

        S. 59--B                           35                          A. 159--B
 
     1    (A)  the results of the most recently available census or other appro-
     2  priate data;

     3    (B) the designation of a new eligible entity; or
     4    (C) severe economic dislocation; and
     5    (2)  the  failure of an eligible entity to comply with the terms of an
     6  agreement or a state plan, or to meet a state requirement, as  described
     7  in this section; or
     8    (b)  a termination, the term "cause" includes the failure of an eligi-
     9  ble entity to comply with the terms of an agreement or a state plan,  or
    10  to meet a state requirement, as described in this section.
    11    2.  If  the  state  determines,  on the basis of a final decision in a
    12  review pursuant to this article, that an eligible entity fails to comply
    13  with the terms of an agreement or the state  plan  to  provide  services

    14  under  this  article  or to meet appropriate standards, goals, and other
    15  requirements established by  the  state  (including  performance  objec-
    16  tives), the state shall:
    17    (a) inform the entity of the deficiency to be corrected;
    18    (b) require the entity to correct the deficiency;
    19    (c)  (1)  offer  training and technical assistance, if appropriate, to
    20  help correct the deficiency, and prepare and submit to the secretary  of
    21  the United States department of health and human services a report stat-
    22  ing the reasons for the determination; or
    23    (2)  if  the state determines that such training and technical assist-
    24  ance are not appropriate, it shall prepare and submit to  the  secretary

    25  of  the  United  States department of health and human services a report
    26  stating the reasons for the determination;
    27    (d) (1) at the discretion of the state (taking into account the  seri-
    28  ousness  of  the  deficiency and the time reasonably required to correct
    29  the deficiency), allow the entity to develop and implement and submit to
    30  the state, within sixty days after being informed of the  deficiency,  a
    31  quality  improvement plan to correct such deficiency within a reasonable
    32  period of time, as determined by the state; and
    33    (2) not later than thirty days after receiving from an eligible entity
    34  a proposed quality improvement plan pursuant to subparagraph one of this
    35  paragraph, either approve such proposed plan or specify the reasons  why

    36  the proposed plan cannot be approved; and
    37    (e)  after providing adequate notice and an opportunity for a hearing,
    38  initiate proceedings to terminate the designation of or reduce the fund-
    39  ing under this article of the eligible entity unless the entity corrects
    40  the deficiency.
    41    3. A determination to terminate the designation or reduce the  funding
    42  of  an  eligible  entity  pursuant to subdivision two of this section is
    43  reviewable by the secretary of the United States  department  of  health
    44  and  human  services, pursuant to the processes set forth in the federal
    45  community services block grant act of 1981, as amended.
    46    §  159-m.  Designation  and  redesignation  of  eligible  entities  in

    47  unserved  areas.    1.  Qualified  organization in or near area.  (a) In
    48  general. If any geographic area of the state is not, or  ceases  to  be,
    49  served  by  an  eligible  entity under this article, and if the governor
    50  decides to serve such area, the governor may solicit applications  from,
    51  and designate as an eligible entity
    52    (1)  a  private  nonprofit organization (which may include an eligible
    53  entity) that is geographically located in the  unserved  area,  that  is
    54  capable  of  providing  a  broad range of services designed to eliminate
    55  poverty and foster self-sufficiency, and that meets the requirements  of
    56  this article; and

        S. 59--B                           36                          A. 159--B
 

     1    (2) a private nonprofit eligible entity that is geographically located
     2  in  an area contiguous to or within reasonable proximity of the unserved
     3  area and that is already providing  related  services  in  the  unserved
     4  area.
     5    (b)  Requirement.  In  order  to  serve as the eligible entity for the
     6  area, an entity described in subparagraph two of paragraph (a)  of  this
     7  subdivision  shall  agree  to add additional members to the board of the
     8  entity to ensure adequate representation
     9    (1) in each of the three required categories  described  in  paragraph
    10  (a) of subdivision two of section one hundred fifty-nine-e of this arti-
    11  cle,  by  members that reside in the community comprised by the unserved
    12  area; and

    13    (2) in the category described in subparagraph two of paragraph (a)  of
    14  subdivision  two of section one hundred fifty-nine-e of this article, by
    15  members that reside in the neighborhood to be served.
    16    2. Special consideration. In  designating  an  eligible  entity  under
    17  subdivision  one  of  this  section, the governor shall grant the desig-
    18  nation to an organization of demonstrated effectiveness in  meeting  the
    19  goals  and  purposes  of this article and may give priority, in granting
    20  the  designation,  to  eligible  entities  that  are  providing  related
    21  services in the unserved area, consistent with the needs identified by a
    22  community-needs assessment.
    23    3. No qualified organization in or near area. If no private, nonprofit

    24  organization  is identified or determined to be qualified under subdivi-
    25  sion one of this section to serve the unserved area as an eligible enti-
    26  ty the governor may designate an appropriate  political  subdivision  of
    27  the state to serve as an eligible entity for the area. In order to serve
    28  as  the  eligible  entity for that area, the political subdivision shall
    29  have a tripartite board or other mechanism as required  in  section  one
    30  hundred fifty-nine-e of this article.
    31    § 159-n.  Report of the secretary. The secretary of state shall report
    32  to the governor and the legislature by [January] March fifteenth of each
    33  year  on  the  administration  of  the  community  services  block grant
    34  program. The report shall include, but not be limited to, the results of

    35  the monitoring and evaluation of recipients of funds under  the  program
    36  and  any  recommendation  for changes which the secretary of state deems
    37  necessary for the effective administration of the program.
    38    § 6. Section 5 of chapter 728 of the laws of 1982, amending the execu-
    39  tive law relating to community services block grant programs, as amended
    40  by section 2 of part R of chapter 59 of the laws of 2008, is amended  to
    41  read as follows:
    42    §  5.  This  act shall take effect immediately provided, however, that
    43  section four hereof shall take  effect  October  1,  1982  and  provided
    44  further, however, that the provisions of sections two, three and four of
    45  this act shall be in full force and effect only until September 30, 1983
    46  and  section  one  of  this  act shall be in full force and effect until

    47  September 30, [2009] 2010, provided, however, that the  distribution  of
    48  funds pursuant to section 159-i of the executive law shall be limited to
    49  the federal fiscal year expressly set forth in such section.
    50    § 7. Section 7 of chapter 710 of the laws of 1983, amending the execu-
    51  tive law relating to community services block grant programs, as amended
    52  by  section 3 of part R of chapter 59 of the laws of 2008, is amended to
    53  read as follows:
    54    § 7. This act shall take effect September 30, 1983  and  shall  be  in
    55  full force and effect only until September 30, [2009] 2010 at which time
    56  the amendments and additions made pursuant to the provisions of this act

        S. 59--B                           37                          A. 159--B
 

     1  shall be deemed to be repealed, provided, however, that the distribution
     2  of funds pursuant to section 159-i of the executive law shall be limited
     3  to the federal fiscal year expressly set forth in such section.
     4    §  8.  This  act shall take effect immediately; provided, however, the
     5  amendments to section 159-e of the executive law made by  section  three
     6  of  this act shall not affect the expiration of such section as provided
     7  in section 5 of chapter 728 of the laws of 1982, as amended,  and  shall
     8  be deemed to expire therewith; provided, further, that the amendments to
     9  sections  159-e  and 159-i of the executive law made by sections two and
    10  four of this act shall not affect the expiration  of  such  sections  as
    11  provided  in  section  5 of chapter 728 of the laws of 1982, as amended,
    12  and section 7 of chapter 710 of the laws of 1983, as amended, and  shall

    13  be  deemed  to expire therewith; provided, further, that the addition of
    14  sections 159-l and 159-m to article 6-D of the executive  law,  made  by
    15  section five of this act shall not affect the expiration of such article
    16  as provided in section 5 of chapter 728 of the laws of 1982, as amended,
    17  and  such  sections  shall  be deemed to expire therewith; and provided,
    18  further, that the amendments to section 159-n of the executive law  made
    19  by  section five of this act shall not affect the repeal of such section
    20  as provided in section 7 of chapter 710 of the laws of 1983, as amended,
    21  and shall be deemed repealed therewith.
 
    22                                   PART S
 
    23    Intentionally omitted.
 
    24                                   PART T
 
    25    Section 1. Section 1421 of the tax law, as amended by chapter  258  of
    26  the laws of 2007, is amended to read as follows:

    27    § 1421. Deposit and dispositions of revenues. From the taxes, interest
    28  and  penalties attributable to the tax imposed pursuant to section four-
    29  teen hundred two of this article, the amount of  thirty-three  and  one-
    30  half  million dollars shall be deposited by the comptroller in the envi-
    31  ronmental protection fund established pursuant to  section  ninety-two-s
    32  of  the  state  finance  law  for the fiscal year beginning April first,
    33  nineteen hundred ninety-five; the amount of eighty-seven million dollars
    34  shall be deposited in such fund for the  fiscal  years  beginning  April
    35  first,  nineteen  hundred  ninety-six and nineteen hundred ninety-seven;
    36  the amount of one hundred twelve million dollars shall be  deposited  in
    37  such  fund  for the fiscal years beginning April first, nineteen hundred
    38  ninety-eight, nineteen hundred ninety-nine, two thousand,  two  thousand

    39  one,  two  thousand  two,  two thousand three, two thousand four and two
    40  thousand five; the amount of one hundred  thirty-seven  million  dollars
    41  shall  be  deposited  in  such  fund for the fiscal year beginning April
    42  first, two thousand six;  the  amount  of  two  hundred  twelve  million
    43  dollars  shall  be  deposited in such fund for the fiscal year beginning
    44  April first, two thousand seven; the amount of two hundred  thirty-seven
    45  million  dollars  shall  be  deposited  in such fund for the fiscal year
    46  beginning April first, two  thousand  eight;  [and  the  amount  of  two
    47  hundred eighty-seven million dollars shall be deposited in such fund for
    48  the  fiscal year beginning April first, two thousand nine] the amount of
    49  one hundred ninety-nine million three hundred thousand dollars shall  be

    50  deposited  in such fund for four fiscal years beginning April first, two
    51  thousand nine; and for each fiscal  year  thereafter;  provided  however
    52  that  at  the  direction  of  the  director of the budget, an additional

        S. 59--B                           38                          A. 159--B
 
     1  amount of up to twenty-five million dollars may  be  deposited  in  such
     2  fund  for  the fiscal year beginning April first, two thousand seven and
     3  ending March  thirty-first,  two  thousand  eight,  for  disposition  as
     4  provided under such section. On or before June twelfth, nineteen hundred
     5  ninety-five  and  on  or before the twelfth day of each month thereafter
     6  (excepting the first and second months of each fiscal year),  the  comp-
     7  troller shall deposit into such fund from the taxes, interest and penal-

     8  ties  collected  pursuant  to  such section fourteen hundred two of this
     9  article which have been deposited and remain to the comptroller's credit
    10  in the banks, banking houses or trust companies referred to  in  section
    11  one  hundred  seventy-one-a  of this chapter at the close of business on
    12  the last day of the preceding month, an amount equal to one-tenth of the
    13  annual amount required to be deposited in such  fund  pursuant  to  this
    14  section  for  the  fiscal  year  in which such deposit is required to be
    15  made. In the event such amount  of  taxes,  interest  and  penalties  so
    16  remaining  to  the comptroller's credit is less than the amount required
    17  to be deposited in such fund by the comptroller, an amount equal to  the
    18  shortfall shall be deposited in such fund by the comptroller with subse-
    19  quent  deposits,  as  soon  as the revenue is available. Beginning April

    20  first, nineteen hundred ninety-seven,  the  comptroller  shall  transfer
    21  monthly  to  the  clean  water/clean  air  fund  established pursuant to
    22  section ninety-seven-bbb of the state finance law, all moneys  remaining
    23  from  such taxes, interest and penalties collected that are not required
    24  for deposit in the environmental protection fund.
    25    § 2. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
    26  amended  by  chapter  145  of  the  laws  of 2004, is amended to read as
    27  follows:
    28    3. Such fund shall consist of the amount of revenue  collected  within
    29  the  state  from the amount of revenue, interest and penalties deposited
    30  pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
    31  amount  of fees and penalties received from easements or leases pursuant
    32  to subdivision fourteen of section seventy-five of the public lands  law

    33  and  the  money  received  as annual service charges pursuant to section
    34  four hundred four-l of the vehicle and traffic law, all moneys  required
    35  to  be  deposited  therein from the contingency reserve fund pursuant to
    36  section two hundred ninety-four of chapter fifty-seven of  the  laws  of
    37  nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
    38  pursuant to section thirteen of chapter six hundred ten of the  laws  of
    39  nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
    40  section 54-0511 of the environmental conservation law, all moneys to  be
    41  deposited from the Northville settlement pursuant to section one hundred
    42  twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
    43  hundred ninety-six, provided however, that such  moneys  shall  only  be
    44  used  for  the cost of the purchase of private lands in the core area of

    45  the central Suffolk pine barrens pursuant to a consent  order  with  the
    46  Northville  industries  signed  on  October thirteenth, nineteen hundred
    47  ninety-four and the related resource restoration and  replacement  plan,
    48  the  amount  of  penalties  required  to be deposited therein by section
    49  71-2724 of the environmental conservation law, all moneys required to be
    50  deposited pursuant to article thirty-three of the environmental  conser-
    51  vation  law, all fees collected pursuant to subdivision eight of section
    52  70-0117 of the environmental conservation law, as added by a chapter  of
    53  the  laws  of  two thousand nine, all moneys collected pursuant to title
    54  thirty-three of article fifteen of the environmental  conservation  law,
    55  as  added  by  a  chapter of the laws of two thousand nine and all other

    56  moneys credited or transferred thereto from any  other  fund  or  source

        S. 59--B                           39                          A. 159--B
 
     1  pursuant  to law. All such revenue shall be initially deposited into the
     2  environmental protection fund, for application as provided  in  subdivi-
     3  sion five of this section.
     4    § 3. This act shall take effect immediately.
 
     5                                   PART U
 
     6    Section 1. Notwithstanding any law to the contrary, the comptroller is
     7  hereby  authorized  and directed to receive for deposit to the credit of
     8  the general fund the amount of up to $913,000 from the  New  York  state
     9  energy research and development authority.
    10    §  2.  This  act  shall take effect immediately and shall be deemed to
    11  have been in full force and effect on and after April 1, 2009.
 

    12                                   PART V
 
    13    Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
    14  amended by adding a new section 112 to read as follows:
    15    §  112.  Fee  for  the  start of a horse in New York state pari-mutuel
    16  races. 1. In order to provide supplemental funding to support the  oper-
    17  ations  of  the  state racing and wagering board, a fee in the amount of
    18  ten dollars shall be assessed and paid upon every  horse  entered  in  a
    19  pari-mutuel  race  in  New  York state that actually starts in the race.
    20  Such fee shall be refunded to the  owner  or  credited  to  the  owner's
    21  account  in the event the horse does not actually start in the race. The
    22  state racing and wagering board shall, as a condition of racing, require

    23  any corporation authorized under this  chapter  to  conduct  pari-mutuel
    24  betting  at  a  race  meeting or races run thereat, to require that each
    25  owner racing a horse shall have placed on deposit at the time  of  entry
    26  with the horsemen's bookkeeper or similar office of such corporation the
    27  required  fee  in the amount of ten dollars per horse entered in a pari-
    28  mutuel race. Unless refunded or credited, the total fee amount collected
    29  during the preceding month  by  the  horsemen's  bookkeeper  or  similar
    30  office  of  such  corporation  shall  be paid to the racing and wagering
    31  board on the first business day of each month. Payment shall be accompa-
    32  nied by a report, under oath, showing such information as the board  may

    33  require.  A  penalty  of  five  percent, and interest at the rate of one
    34  percent per month from the date the report is required to  be  filed  to
    35  the  date  of  the  payment of the fee, shall be payable in case any fee
    36  imposed by this subdivision is not paid when due. If  the  board  deter-
    37  mines  that  any fees received by it under this subdivision were paid in
    38  error, the board may cause the same to be refunded without interest  out
    39  of  any  monies collected hereunder, provided an application therefor is
    40  filed with the board within one year from the time the erroneous payment
    41  is made.
    42    2. The board or its duly authorized  representatives  shall  have  the
    43  power  to  examine or cause to be examined the books and records of such

    44  corporations required to pay over the fee imposed by  this  section  for
    45  the  purpose of examining and checking the same and ascertaining whether
    46  the proper amount or amounts due are being paid. If in  the  opinion  of
    47  the  board,  after  such  examination, any such report is incorrect, the
    48  board is authorized to issue an assessment fixing the correct amount  of
    49  such  fee.  Such  assessments  may be issued within three years from the
    50  filing of any report. Any such assessment shall be final and  conclusive
    51  unless  an  application  for  a hearing is filed by the reporting entity
    52  within thirty days of the assessment. The action of the board in  making

        S. 59--B                           40                          A. 159--B
 

     1  such  final  assessment  shall be reviewable in the supreme court in the
     2  manner provided by and subject to the  provisions  of  article  seventy-
     3  eight of the civil practice law and rules.
     4    3.  The  board shall pay into the racing regulation account, under the
     5  joint custody of the comptroller and the board, the total amount of  the
     6  fees collected pursuant to this section. With the approval of the direc-
     7  tor  of  the budget, monies to be utilized to pay the costs and expenses
     8  of the operations of the state racing and wagering board shall  be  paid
     9  out  of  such  account  on  the  audit and warrant of the comptroller on
    10  vouchers, certified and approved by the director of the division of  the
    11  budget or his or her duly designated official.

    12    §  2.  This  act shall take effect on the thirtieth day after it shall
    13  have become a law.
 
    14                                   PART W
 
    15    Intentionally omitted.
 
    16                                   PART X
 
    17    Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
    18  New  York state urban development corporation act relating to the powers
    19  of the New York state urban development corporation to  make  loans,  as
    20  amended  by  section  1  of part W of chapter 59 of the laws of 2008, is
    21  amended to read as follows:
    22    § 2. This act shall take effect immediately  provided,  however,  that
    23  section  one  of  this act shall expire on July 1, [2009] 2010, at which
    24  time the provisions of subdivision 26 of section 5 of the New York state
    25  urban development corporation act shall be  deemed  repealed;  provided,

    26  however,  that neither the expiration nor the repeal of such subdivision
    27  as provided for herein shall be deemed to affect or impair in any manner
    28  any loan made pursuant to the authority of  such  subdivision  prior  to
    29  such expiration and repeal.
    30    §  2.  This  act  shall take effect immediately and shall be deemed to
    31  have been in full force and effect on and after April 1, 2009.
 
    32                                   PART Y
 
    33    Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
    34  laws  of  2009 to the energy research and development authority from the
    35  special revenue funds - other/state  operations,  miscellaneous  special
    36  revenue  fund-339,  energy  research  and  planning account, and special
    37  revenue funds - other/aid to localities, miscellaneous  special  revenue
    38  fund  -  339,  energy  research and planning account under the research,

    39  development and demonstration  and  policy  and  planning  programs  for
    40  services  and  expenses  for the research, development and demonstration
    41  and policy and planning programs shall be subject to the  provisions  of
    42  this  section.  Notwithstanding  the  provisions  of  subdivision 4-a of
    43  section 18-a of the public service law, all moneys committed or expended
    44  shall be reimbursed by assessment against gas corporations and  electric
    45  corporations  as defined in section 2 of the public service law, and the
    46  total amount which may be charged to any gas corporation and  any  elec-
    47  tric  corporation  shall not exceed one cent per one thousand cubic feet
    48  of gas sold and .010 cent per kilowatt-hour of electricity sold by  such
    49  corporations  in  their  intrastate  utility operations in calendar year
    50  2007. Such  amounts  shall  be  excluded  from  the  general  assessment

        S. 59--B                           41                          A. 159--B
 
     1  provisions  of  subdivision 2 of section 18-a of the public service law,
     2  but shall be billed and paid in the manner set forth in such subdivision
     3  and upon receipt shall be paid to the state comptroller for  deposit  in
     4  the state treasury for credit to the miscellaneous special revenue fund.
     5  The  director  of  the  budget shall not issue a certificate of approval
     6  with respect to the commitment and expenditure of moneys  hereby  appro-
     7  priated  until the chair of such authority shall have submitted, and the
     8  director of the budget shall have approved,  a  comprehensive  financial
     9  plan  encompassing  all  moneys available to and all anticipated commit-
    10  ments and expenditures by such authority from any source for  the  oper-

    11  ations of such authority. Copies of the approved comprehensive financial
    12  plan shall be immediately submitted by the director of the budget to the
    13  chairs and secretaries of the legislative fiscal committees.
    14    §  2.  This  act  shall take effect immediately and shall be deemed to
    15  have been in full force and effect on and after April 1, 2009.
 
    16                                   PART Z
 
    17    Section 1. Notwithstanding any other provision of  law,  the  governor
    18  shall  include  an  appropriation in a budget bill for each state fiscal
    19  year that reflects the value of the assets transferred  from  the  power
    20  authority  of the state of New York to the state of New York pursuant to
    21  a memorandum of understanding between the power authority of  the  state
    22  of  New  York  and the state of New York relating to the transfer to the

    23  state of New York of assets aggregating $318,000,000 presently  held  in
    24  certain  accounts  of  the power authority of the state of New York. The
    25  state comptroller shall encumber the amount so appropriated  before  the
    26  end  of the fiscal year for which such appropriation is made. If for any
    27  of the fiscal years commencing during the  period  from  April  1,  2009
    28  until  such  time  as  the assets have been returned by the state of New
    29  York to the power authority of the state of New York the governor  fails
    30  to submit a budget bill containing an appropriation of such amount, such
    31  amount  appropriated  to and encumbered during the preceding fiscal year
    32  shall be payable to the authority on the last day of June of such year.
    33    § 2. This act shall take effect immediately.
 
    34                                   PART AA
 

    35    Section 1. Subdivisions 2, 3 and 4  of  section  1975  of  the  public
    36  authorities law are renumbered subdivisions 3, 4 and 5, and a new subdi-
    37  vision 2 is added to read as follows:
    38    2. Notwithstanding any provision of law to the contrary, the authority
    39  is  hereby  authorized to contribute twenty million dollars to the state
    40  treasury to the credit of the general fund.
    41    § 2. Subdivision 1 of section 1977-a of the public authorities law  is
    42  amended by adding a new paragraph (e) to read as follows:
    43    (e)  Additional  authorizations. For the purpose of financing costs of
    44  the  state,  the  authority  may,  in  addition  to  the  authorizations
    45  contained  elsewhere  in  this  title,  borrow money by issuing bonds or
    46  notes in an aggregate principal amount not exceeding two  hundred  fifty

    47  million  dollars plus a principal amount of bonds or notes issued (i) to
    48  fund any related debt service reserve fund, (ii) to provide  capitalized
    49  interest,  and  (iii) to provide for fees and other charges and expenses
    50  including any underwriters' discounts, related to the issuance  of  such
    51  bonds  or notes, all as determined by the authority, excluding bonds and

        S. 59--B                           42                          A. 159--B
 
     1  notes issued to refund outstanding bonds and notes  issued  pursuant  to
     2  this section.
     3    § 3. This act shall take effect April 1, 2009.
 
     4                                   PART BB
 
     5    Section  1. Notwithstanding any provisions of law to the contrary, the

     6  New York state urban development corporation is authorized to contribute
     7  up to seven million dollars to the  Governors  Island  Preservation  and
     8  Education  Corporation,  from excess receipts which are authorized to be
     9  paid to the urban development corporation under  certain  provisions  of
    10  the  public authorities control board resolutions, 04-UD-838A and 06-UD-
    11  900.
    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, 2009.
 
    14                                   PART CC
 
    15    Intentionally omitted.
 
    16                                   PART DD
 
    17    Intentionally omitted.
 
    18                                   PART EE
 
    19    Intentionally omitted.
 
    20                                   PART FF
 
    21    Section  1.  Subdivision  2  of section 2976 of the public authorities

    22  law, as amended by section 1 of part X of chapter  85  of  the  laws  of
    23  2002, is amended to read as follows:
    24    2. The bond issuance charge shall be computed by multiplying the prin-
    25  cipal amount of bonds issued by the percentage set forth in the schedule
    26  below,  provided that: (a) the charge applicable to the principal amount
    27  of single family mortgage revenue bonds shall be seven one-hundredths of
    28  one percent; (b) the issuance of bonds shall not include the remarketing
    29  of bonds; and (c) the issuance of bonds shall not  include  the  current
    30  refunding  of short term bonds, notes or other obligations for which the
    31  bond issuance charge provided by this section has  been  paid,  provided
    32  that such current refunding (i) occurs within one year from the issuance
    33  of  the  refunded obligations, or (ii) is part of a program created by a

    34  single indenture or bond resolution that provides for the periodic issu-
    35  ance and refunding of short term obligations.
    36                                  SCHEDULE
    37  Principal Amount of Bonds Issued             Percentage Charge
    38  a. $1,000,000 or less                            [.14%] .168%
    39  b. $1,000,001 to $5,000,000                      [.28%] .336%
    40  c. $5,000,001 to $10,000,000                     [.42%] .504%
    41  d. $10,000,001 to $20,000,000                    [.56%] .672%
    42  e. More than $20,000,000                         [.70%] .84%
    43    § 2. This act shall take effect immediately and  shall  be  deemed  to
    44  have been in full force and effect on and after March 31, 2009.
 
    45                                   PART GG


        S. 59--B                           43                          A. 159--B
 
     1    Section  1.  Notwithstanding any provision of law to the contrary, all
     2  functions, powers, duties, obligations and assets of  the  State  North-
     3  eastern Queens Nature and Historical Preserve Commission, as established
     4  by chapter 919 of the laws of 1973, are transferred and assigned to, and
     5  assumed by, the office of parks, recreation and historic preservation.
     6    § 2. All books, papers, records and property of the State Northeastern
     7  Queens  Nature  and  Historical  Preserve Commission are transferred and
     8  assigned to, and assumed and devolved upon, the office of parks,  recre-
     9  ation and historic preservation.
    10    § 3. Any business or other matter undertaken or commenced by the State
    11  Northeastern  Queens  Nature and Historical Preserve Commission relating

    12  to the functions, powers, duties and obligations of such commission  and
    13  pending  on  the  effective  date  of  this  act,  may  be conducted and
    14  completed by the office of parks, recreation and  historic  preservation
    15  in  the same manner and under the same terms and conditions and with the
    16  same effect as if conducted by the State Northeastern Queens Nature  and
    17  Historical Preserve Commission.
    18    § 4. All rules, regulations, acts, determinations and decisions of the
    19  State Northeastern Queens Nature and Historical Preserve Commission with
    20  respect to the functions, powers, duties and obligations of such commis-
    21  sion in force and effect on the effective date of this act shall contin-
    22  ue  in  force and effect as rules, regulations, acts, determinations and
    23  decisions of the office of parks, recreation and  historic  preservation
    24  until amended or revised by such office.

    25    §  5.  Whenever the functions, powers, duties and obligations relating
    26  to the State Northeastern Queens Nature and Historical Preserve  Commis-
    27  sion  are  referred  to  or designated in any law, contract or document,
    28  such reference or designation shall be deemed to refer to the  appropri-
    29  ate  functions,  powers,  duties and obligations of the office of parks,
    30  recreation and historic preservation.
    31    § 6. No existing right or remedy  of  any  character  shall  be  lost,
    32  impaired or affected by reason of this act.
    33    §  7.  Chapter  919  of the laws of 1973, relating to establishing the
    34  State Northeastern Queens Nature and Historical Preserve, is REPEALED.
    35    § 8. This act shall take effect immediately.
 
    36                                   PART HH
 
    37    Intentionally omitted.
 
    38                                   PART II
 

    39    Section 1.   Subdivision 1 of section 133-a  of  the  agriculture  and
    40  markets  law,  as amended by chapter 233 of the laws of 1996, is amended
    41  to read as follows:
    42    1. Any person who distributes in this state  any  feed  ingredient  or
    43  commercial  feed,  except a pet food or specialty pet food, shall pay to
    44  the commissioner a tonnage fee at the rate of [five] ten cents  per  ton
    45  for each ingredient or feed distributed, subject to the following:
    46    (a)  No  fee  shall be paid on a feed ingredient or commercial feed if
    47  payment has been made for the particular ingredient or feed by a  previ-
    48  ous distributor;
    49    (b) No fee shall be paid on a customer-formula feed if the tonnage fee
    50  has  been  paid  on  the  commercial feeds which are used as ingredients
    51  therein[;


        S. 59--B                           44                          A. 159--B

     1    (c) No fee shall be paid by persons distributing less than one hundred
     2  tons per year of any feed ingredient or commercial feed in this state].
     3    § 2. The second undesignated paragraph of section 251-z-3 of the agri-
     4  culture  and  markets law, as amended by chapter 80 of the laws of 2006,
     5  is amended to read as follows:
     6    The applicant shall furnish evidence of his  or  her  good  character,
     7  experience  and  competency, that the establishment has adequate facili-
     8  ties and equipment for the business to be conducted, that the establish-
     9  ment is such that the cleanliness of the  premises  can  be  maintained,
    10  that  the  product  produced therein will not become adulterated and, if
    11  the applicant is a retail food store, that the applicant has an individ-

    12  ual in a position of management or control who has completed an approved
    13  food safety education program pursuant to section two hundred fifty-one-
    14  z-twelve of this article. The commissioner, if so satisfied, shall issue
    15  to the applicant, upon payment of the license fee of [two] four  hundred
    16  dollars,   a  license  to  operate  the  food  processing  establishment
    17  described in the application.  However, the license fee  shall  be  nine
    18  hundred  dollars  for  a food processing establishment determined by the
    19  commissioner, pursuant to duly promulgated regulations, to require  more
    20  intensive  regulatory  oversight  due  to  the  volume  of  the products
    21  produced, the potentially hazardous nature of the  product  produced  or

    22  the multiple number of processing operations conducted in the establish-
    23  ment.  The  license application for retail food stores shall be accompa-
    24  nied by documentation in a  form  approved  by  the  commissioner  which
    25  demonstrates that the food safety education program requirement has been
    26  met.  The license shall take effect on the date of issuance and continue
    27  until the last day of the applicable license period set  forth  in  this
    28  section.
    29    §  3. Subdivision 5 of section 500 of the agriculture and markets law,
    30  as added by section 8 of part I1 of chapter 62 of the laws of  2003,  is
    31  amended to read as follows:
    32    5. Licensure. No person shall maintain or operate a retail food store,
    33  food  service  establishment or food warehouse unless such establishment
    34  is licensed pursuant to the provisions of this article, provided, howev-

    35  er, that establishments registered, permitted or licensed by the depart-
    36  ment pursuant to other provisions of  this  chapter,  under  permit  and
    37  inspection by the state department of health or by a local health agency
    38  which  maintains  a  program certified and approved by the state commis-
    39  sioner of health, or subject to inspection by the United States  depart-
    40  ment  of  agriculture  pursuant  to  the  federal  meat,  poultry or egg
    41  inspection programs, shall be exempt from licensure under this  article.
    42  Application  for  licensure  of a retail food store, food service estab-
    43  lishment or food warehouse shall be made, upon a form prescribed by  the
    44  commissioner,  on  or  before December first of every other year for the
    45  registration period beginning January first following.  Upon  submission
    46  of  a completed application, together with the applicable licensing fee,

    47  the commissioner shall license  the  retail  food  store,  food  service
    48  establishment  or  food  warehouse  described in the application for two
    49  years from the applicable registration commencement period set forth  in
    50  this section. The licensing fee shall be [one hundred] two hundred fifty
    51  dollars  provided,  however,  that food warehouses shall pay a licensing
    52  fee of [two] four hundred dollars. [The commissioner shall  prorate  the
    53  licensing  fee  for  any  person  licensed after the commencement of the
    54  licensing period.]
    55    § 4. This act shall take effect immediately.

        S. 59--B                           45                          A. 159--B
 
     1                                   PART JJ
 

     2    Section  1.  Subdivisions  a,  b, c, d, e, f, g, h, q and r of section
     3  72-0602 of the environmental conservation law, subdivisions a and  b  as
     4  amended  by  chapter  62 of the laws of 1989, subdivisions c, d, e, f, g
     5  and h as amended by section 1 of part T1 of chapter 62 of  the  laws  of
     6  2003  and subdivision q as added and subdivision r as amended by section
     7  1 of part Q of chapter 59 of the laws of 2004, are  amended  and  a  new
     8  subdivision s is added to read as follows:
     9    a.  [$100.00]  $300.00  for  any  P/C/I  facilities having a permit to
    10  discharge or discharging at an average daily rate of less  than  100,000
    11  gallons;
    12    b. [$200.00] $600.00 for P/C/I facilities having a permit to discharge
    13  or discharging at an average daily rate of 100,000 gallons or more;

    14    c.  [$475.00]  $600.00  for  industrial  facilities having a permit to
    15  discharge or discharging at an average daily rate of  less  than  10,000
    16  gallons;
    17    d.  [$1,575.00] $2,000.00 for industrial facilities having a permit to
    18  discharge or discharging at an average  daily  rate  of  between  10,000
    19  gallons and 99,999 gallons;
    20    e.  [$4,750.00] $6,000.00 for industrial facilities having a permit to
    21  discharge or discharging at an average daily  rate  of  between  100,000
    22  gallons and 499,999 gallons;
    23    f.  [$15,750.00]  $20,000.00 for industrial facilities having a permit
    24  to discharge or discharging at an average daily rate of between  500,000
    25  and 999,999 gallons;
    26    g.  [$23,500.00]  $30,000.00 for industrial facilities having a permit

    27  to discharge  or  discharging  at  an  average  daily  rate  of  between
    28  1,000,000 and 9,999,999 gallons;
    29    h.  [$47,000.00]  $50,000.00 for industrial facilities having a permit
    30  to discharge or discharging at  an  average  daily  rate  of  10,000,000
    31  gallons or more;
    32    q.  [$50.00]  $100.00  per  acre  disturbed plus [$300.00] $600.00 per
    33  future impervious acre for any facility, not owned or managed by a local
    34  government or a state department, agency, or authority,  discharging  or
    35  authorized  to  discharge  pursuant  to  a  SPDES  permit for stormwater
    36  discharges from construction activity. For the purposes of this subdivi-
    37  sion, acres disturbed are acres subject to clearing, grading,  or  exca-
    38  vating subject to SPDES permitting and future impervious acres are acres

    39  that will be newly paved or roofed during construction;
    40    r. $50.00 for a medium concentrated animal feeding operation discharg-
    41  ing or authorized to discharge pursuant to a general permit;
    42    s.  $50.00 for a large concentrated animal feeding operation discharg-
    43  ing or authorized to discharge pursuant to a general permit;
    44    t. [$50.00] $100.00 for any facility, other than a municipal  separate
    45  storm sewer as defined by 40 CFR §122.26 (b) (8), discharging or author-
    46  ized  to  discharge  pursuant  to  a general permit[;] unless a [higher]
    47  specific fee is imposed pursuant to subdivisions a through [q] s of this
    48  section for such discharge or authorization to discharge[, provided that

    49  the department may by regulation, establish a general permit  fee  lower
    50  than the permit fee imposed pursuant to subdivisions a through q of this
    51  section].
    52    §  2.  This  act shall take effect immediately, and shall be deemed to
    53  have been in full force and effect on and after April 1, 2009.
 
    54                                   PART KK

        S. 59--B                           46                          A. 159--B
 
     1    Section 1. Subdivision 5  of  section  11-0701  of  the  environmental
     2  conservation  law  is  amended  by  adding  a new paragraph c to read as
     3  follows:
     4    c.  A  combined  resident  fishing, small and big game, muzzle-loading
     5  stamp and trapping license, hereinafter in this article referred to as a

     6  resident trapper super-sportsman license, entitles  the  holder  to  the
     7  privileges the holder would have if the holder held separately a fishing
     8  license,  a  small and big game license, a muzzle-loading stamp, a trap-
     9  ping license, and a turkey permit.
    10    § 2. Subdivision 1 of section 11-0702 of the  environmental  conserva-
    11  tion  law,  as amended by section 18 of part F of chapter 82 of the laws
    12  of 2002, is amended to read as follows:
    13    1. There are hereby created the following lifetime  hunting,  fishing,
    14  trapping,  archery and muzzle-loading licenses and fees therefor subject
    15  to the same privileges  and  obligations  of  a  comparable  short  term
    16  license:
 
    17               Licenses                               Fees
    18        a. Lifetime sportsman
    19       license and turkey
    20       permit. If purchased,

    21       for a  child four years
    22       of age or younger                          [$300.00] $380.00
 
    23        for a child age five through
    24       eleven years of age                        [$420.00] $535.00
 
    25        for a person age twelve through
    26       [sixty-four] sixty-nine
    27       years of age                               [$600.00] $765.00
 
    28        for a person age [sixty-five] seventy
    29       and over.                                  [$ 50.00] $65.00
 
    30        b. Lifetime small and
    31       big game license.                          [$350.00] $535.00
 
    32        c. Lifetime fishing
    33       license for a person age

    34       sixty-nine or younger.                     [$350.00] $460.00
 
    35        d. Lifetime fishing license
    36       for a person age seventy and over.         $ 65.00
 
    37       e. Lifetime trapping
    38       license.                                   [$300.00] $395.00
 
    39        [e.] f. Lifetime archery
    40       stamp.                                     [$180.00] $235.00
 
    41        [f.] g. Lifetime muzzle-
    42       loading stamp.                             [$180.00] $235.00
 
    43    The holder of a lifetime small and big game license or fishing license
    44  may,  at  any time, convert such license to a lifetime sportsman license


        S. 59--B                           47                          A. 159--B
 
     1  and turkey permit for an additional fee equal to the existing  differen-
     2  tial.
     3    §  3.  Subdivision 2 of section 11-0715 of the environmental conserva-
     4  tion law, as amended by chapter 418 of the laws of 2004, is  amended  to
     5  read as follows:
     6    2.  A  [resident in the state for thirty days immediately prior to the
     7  date of application who has attained the age of seventy is  entitled  to
     8  receive  all  licenses, stamps, tags, buttons, and permits authorized by
     9  this title for which he or  she  is  eligible,  except  turkey  permits,
    10  renewable  each  year for a five dollar fee; a] member of the Shinnecock
    11  tribe or the Poospatuck tribe or a member of the six  nations,  residing

    12  on  any  reservation  wholly  or partly within the state, is entitled to
    13  receive free of charge a fishing license, a small and big game  license,
    14  a  sportsman  license, a muzzle-loading stamp, a trapping license, and a
    15  bow hunting stamp; a resident of the state who is a member of the United
    16  States armed forces in active service who is not  stationed  within  the
    17  state  and  has  not  been  herein  longer  than thirty days on leave or
    18  furlough, is entitled to receive free of charge  a  fishing  license,  a
    19  small  and  big  game license, and a trapping license; a resident of the
    20  state who is an active member of the organized militia of the  state  of
    21  New  York  as defined by section one of the military law, or the reserve
    22  components of the armed forces  of  the  United  States,  and  excluding
    23  members  of the inactive national guard and individual ready reserve, is

    24  entitled to receive free of charge a fishing license, a  small  and  big
    25  game  license,  and  a  trapping license; and a resident who is blind is
    26  entitled to receive a fishing license free of charge. For  the  purposes
    27  of  this  subdivision  a  person is blind only if either: (a) his or her
    28  central visual acuity does not exceed 20/200  in  the  better  eye  with
    29  correcting  lenses,  or  (b)  his  or  her visual acuity is greater than
    30  20/200 but is accompanied by a limitation of the field  of  vision  such
    31  that the widest diameter of the visual field subtends an angle no great-
    32  er than 20 degrees.
    33    A  resident in the state for a period of thirty days immediately prior
    34  to the date of application who has  attained  the  age  of  [sixty-five]
    35  seventy is entitled to receive a sportsman license at the cost of [five]

    36  ten dollars as a license fee.
    37    A  resident in the state for a period of thirty days immediately prior
    38  to the date of application who has attained the age of seventy is  enti-
    39  tled  to receive a fishing license, and a trapping license, at a cost of
    40  five dollars for each license.
    41    A resident in the state for a period of thirty days immediately  prior
    42  to  the date of application who has attained the age of seventy is enti-
    43  tled to receive free of charge a bowhunting stamp and  a  muzzle-loading
    44  stamp.
    45    §  4.  Subdivision 3 of section 11-0715 of the environmental conserva-
    46  tion law, as amended by chapter 344 of the laws of 2008, is  amended  to
    47  read as follows:
    48    3.  Each  applicant  for  a  license, permit or stamp shall pay to the

    49  issuing officer a fee, according to the license, permit or stamp  issued
    50  and the residence or other qualification of the applicant.
    51    a.  In  the  case  of persons who have been residents of the state for
    52  more than thirty days immediately preceding the date of  application  or
    53  who are enrolled in a full-time course at a college or university within
    54  the  state  and  who  are in residence in the state for the school year,
    55  Indians residing off reservations in the state and members of the United

        S. 59--B                           48                          A. 159--B
 
     1  States armed forces in active service stationed in this state regardless
     2  of place of residence at the time of entry into service:
     3          License                                   Fee
     4          (1) Super-sportsman                       [$68.00] $88.00

     5          (2) Trapper Super-sportsman                $88.00
     6          (3) Sportsman                             [$37.00] $47.00
     7          [(3)] (4) Small and big game              [$19.00] $29.00
     8          [(4)] (5) Fishing                         [$19.00] $29.00
     9          [(5)] (6) Trapping                        [$16.00] $21.00
    10          [(6)] (7) Small game                      [$16.00] $26.00
    11          [(7)] (8) Junior trapping                 $ 6.00
    12          [(8)] (9) Muzzle-loading stamp            [$16.00] $21.00

    13          [(9)] (10) Bowhunting stamp               [$16.00] $21.00
    14          [(10)] (11) Turkey permit                 [$ 5.00] $10.00
    15          [(11)] (12) Seven-day fishing             [$12.00] $15.00
    16          [(12)] (13) Conservation legacy           [$76.00] $96.00
    17          (14) One-day fishing                      $ 5.00
    18    b. In the case of a non-resident and persons resident in the state for
    19  less  than  thirty  days, other than persons who are enrolled in a full-
    20  time course at a college or university within the state and who  are  in
    21  residence  in  the  state  for  the school year and those members of the

    22  United States armed forces as to whom fees are specified in paragraph  a
    23  of this subdivision:
    24          License                                   Fee
    25          (1) Big game                              [$110.00] $140.00
    26          (2) Small game                            [$ 55.00]  $85.00
    27          (3) Fishing                               [$ 40.00]  $70.00
    28          (4) Seven-day fishing                     [$ 25.00]  $35.00
    29          (5) Trapping                              [$255.00] $310.00
    30          (6) Super-sportsman                       [$250.00] $280.00
    31          (7) Bowhunting                            [$110.00] $140.00

    32          (8) Muzzle-loading                        [$110.00] $140.00
    33          (9) Bear tag                              [$ 30.00]  $50.00
    34          (10) Turkey permit                        [$ 30.00]  $50.00
    35          (11) One-day fishing                      $15.00
    36    c. In all cases:
    37          (1) Certificates in lieu of lost license or stamp
    38              or tag                                          $ 5.00
    39          (2) Duplicate for lost or destroyed permit, button
    40              or tag                                          $10.00
    41          (3) Junior hunting license                          $ 5.00
    42          (4) Junior archery license                          $ 9.00
    43          (5) One-day fishing license                         $15.00

    44          (6) Conservation patron license                     $12.00
    45    §  5.  Subdivision 4 of section 11-0715 of the environmental conserva-
    46  tion law, as amended by section 31 of part F of chapter 82 of  the  laws
    47  of 2002, is amended to read as follows:
    48    4. A person, resident in the state for at least thirty days immediate-
    49  ly  prior  to the date of application, who has been honorably discharged
    50  from service in the armed forces of the United States and  certified  as
    51  having  a forty percent or greater service-connected disability is enti-
    52  tled to receive all licenses, stamps, tags, buttons, and permits author-
    53  ized by this title for which  he  or  she  is  eligible,  except  turkey
    54  permits, renewable each year for a five dollar fee.

        S. 59--B                           49                          A. 159--B
 

     1    §  6.  Subdivision 7 of section 11-0913 of the environmental conserva-
     2  tion law, as amended by section 48 of part F of chapter 82 of  the  laws
     3  of 2002, is amended to read as follows:
     4    7.  The  department  shall charge and receive a fee of ten dollars for
     5  the application and the processing of such permit or permits. Applicants
     6  who are successful in  the  computerized  selection  shall  receive  the
     7  permit  or  permits  free  of any additional charge. The application fee
     8  shall be non-refundable. The department may waive  the  application  fee
     9  for  holders  of  a  lifetime  sportsman  license existing as of October
    10  first, two thousand nine, junior archery[, sportsman] license,  resident
    11  super-sportsman[,  conservation  legacy or non-resident super-sportsman]
    12  license, or junior hunting license.

    13    § 7. This act shall take effect October 1, 2009. Effective  immediate-
    14  ly,  the  addition,  amendment,  and/or repeal of any rule or regulation
    15  necessary for the implementation of this act on its effective  date  are
    16  authorized to be made on or before such date.
 
    17                                   PART LL
 
    18    Section  1.  Subdivisions  4 and 16 of section 11-0701 of the environ-
    19  mental conservation law, subdivision 4 as amended by chapter 470 of  the
    20  laws  of  1994,  and  subdivision 16 as added by section 17 of part F of
    21  chapter 82 of the laws of 2002, are amended to read as follows:
    22    4. A fishing license entitles the holder  to  take  fish  by  angling,
    23  spearing, hooking, longbow and tipups, to take frogs by spearing, catch-
    24  ing  with  the  hands or by use of a club or hook, and to take bait fish

    25  for personal use, as provided in titles 9 and 13 of this article, except
    26  that such license shall not entitle the holder to take migratory fish of
    27  the sea or to take fish from the waters of the marine district.
    28    16. A conservation legacy license entitles the holder to fish,  except
    29  for migratory fish of the sea or from the waters of the marine district,
    30  hunt wildlife, hunt big game with a longbow and a muzzle-loading firearm
    31  during  special  seasons  therefor, hunt turkey, enjoy the benefits of a
    32  voluntary habitat stamp and receive the "New York State Conservationist"
    33  magazine as if the holder of such license  held  separately  a  resident
    34  super-sportsman license, a voluntary habitat stamp and a subscription to
    35  the "New York State Conservationist" magazine.

    36    §  2.  Subdivision 1 of section 11-0702 of the environmental conserva-
    37  tion law, as amended by section 18 of part F of chapter 82 of  the  laws
    38  of 2002, is amended to read as follows:
    39    1.  There  are hereby created the following lifetime hunting, fishing,
    40  trapping, archery and muzzle-loading licenses and fees therefor  subject
    41  to  the  same  privileges  and  obligations  of  a comparable short term
    42  license:
 
    43               Licenses                               Fees
    44        a. Lifetime sportsman
    45       license and turkey
    46       permit. If purchased,
    47       for a  child four years
    48       of age or younger                              $300.00
 
    49        for a child age five through
    50       eleven years of age                            $420.00

        S. 59--B                           50                          A. 159--B
 

     1        for a person age twelve through
     2       sixty-four years of age                        $600.00
 
     3        for a person age sixty-five
     4       and over.                                      $ 50.00
 
     5        b. Lifetime small and
     6       big game license.                              $350.00
 
     7        c. Lifetime fishing
     8       license.                                       $350.00
 
     9        d. Lifetime trapping
    10       license.                                       $300.00
 
    11        e. Lifetime archery
    12       stamp.                                         $180.00
 
    13        f. Lifetime muzzle-
    14       loading stamp.                                 $180.00
 
    15       g. Lifetime recreational
    16       marine fishing license.                        $150.00
 
    17       h. Lifetime combination fishing

    18       and recreational marine fishing
    19       license.                                       $450.00
 
    20    The holder of a lifetime small and big game license or fishing license
    21  may,  at  any time, convert such license to a lifetime sportsman license
    22  and turkey permit for an additional fee equal to the existing  differen-
    23  tial.
    24    §  3.  Subdivision 6 of section 11-0707 of the environmental conserva-
    25  tion law is REPEALED.
    26    § 4. Subdivisions 1 and 5 of  section  11-0713  of  the  environmental
    27  conservation  law,  paragraph a of subdivision 1 as amended by section 4
    28  of part D of chapter 61 of the laws of 2000, paragraph b of  subdivision
    29  1  as  relettered  by  chapter  470  of the laws of 1994, paragraph d of
    30  subdivision 1 as amended by chapter 108 of the laws of 1995 and subdivi-

    31  sion 5 as added by chapter 316 of the laws of 1996 and as renumbered  by
    32  section  5  of  part D of chapter 61 of the laws of 2000, are amended to
    33  read as follows:
    34    1. a. All licenses, stamps, tags, buttons, permits, and permit  appli-
    35  cations authorized by this title or section 13-0355 of this chapter, and
    36  any  additional  privileges authorized by the department shall be issued
    37  by:
    38    (1) clerks of a county, town or city, except a  city  having  a  popu-
    39  lation of one million or more, although such clerks may request authori-
    40  zation from the department to cease issuing such licenses,
    41    (2)  clerks  of  a  village  having more than one thousand inhabitants
    42  according to the last preceding federal census, or of  a  village  in  a
    43  county  of less than five hundred thousand inhabitants, adjoining a city

    44  of over one million inhabitants, both according to such census, although
    45  such clerks may request authorization from the department to cease issu-
    46  ing such licenses, and

        S. 59--B                           51                          A. 159--B
 
     1    (3) [License] license issuing officers as  may  be  appointed  by  the
     2  commissioner.    Applicants  for designation as license issuing officers
     3  shall be over the age of  eighteen  years  and  shall  meet  such  other
     4  requirements  of  eligibility, including posting bond, as the department
     5  may  by  regulation  specify. Such issuing officers shall be entitled to
     6  receive and keep the same fees for issuing licenses and stamps that  are
     7  specified  in section 11-0715 of this [article] title for issuing clerks

     8  and section 13-0355 of this chapter, and shall file  reports  and  remit
     9  license  fees  to  the  appropriate  regional environmental conservation
    10  officer or the department as required by regulation.
    11    b. Special antlerless deer licenses shall be issued by the  department
    12  as provided in subdivision 6 of section 11-0903 of this article.
    13    [d.] c. One-day fishing licenses and one-day recreational marine fish-
    14  ing licenses may be issued by any person who has never been convicted of
    15  or  pleaded  guilty  to a misdemeanor under this chapter within the past
    16  three years, and has not been convicted of a crime under any other  law.
    17  [One-day  fishing]  Such  licenses  shall  be  issued to any such person

    18  following payment of [ten dollars] the applicable license fee  for  each
    19  license.  One-day fishing licenses and one-day recreational marine fish-
    20  ing licenses may be sold by the initial purchaser for no more than  [ten
    21  dollars  as a] the applicable license fee [and], plus one dollar for the
    22  person selling such license. In the case of misuse or fraud in  handling
    23  the  fishing licenses, the department shall have the authority to revoke
    24  the privilege to buy and sell the licenses.
    25    5. The commissioner shall establish a toll-free telephone number or  a
    26  dedicated  number  for  use to purchase sporting licenses by credit card
    27  purchasers. Notwithstanding any inconsistent provision of this  chapter,

    28  the  commissioner  may  authorize the sale of licenses via the internet,
    29  telephone or mail and establish procedures therefor,  and  may,  through
    30  bulk sales or otherwise, furnish licenses for retail sale to outdoor and
    31  recreational  outlets  and not-for-profit organizations, and the depart-
    32  ment may sell licenses at department facilities. Except as  provided  in
    33  subdivision  1  of  this  section, a license sold at retail shall not be
    34  sold for a price which exceeds the fee for such license  established  in
    35  the fish and wildlife law.
    36    §  5.  Subdivision 1 of section 13-0336 of the environmental conserva-
    37  tion law, as added by chapter 263 of the laws of  1997,  is  amended  to
    38  read as follows:
    39    1.  No  owner  or operator of a party boat or charter boat shall carry

    40  recreational fishing passengers in the marine and  coastal  district  or
    41  land  fish  taken  outside  the  territorial waters of the state without
    42  holding a party or charter boat license issued by the department for  an
    43  annual  fee of two hundred fifty dollars and a recreational marine fish-
    44  ing license issued by the department for an annual fee of  four  hundred
    45  dollars.  Such [license]  licenses shall be issued only to persons domi-
    46  ciled in the state or in a state which affords reciprocal fishing privi-
    47  leges  to  persons domiciled in New York.  Such [license] licenses shall
    48  be available on the vessel at all times. For purposes of  this  subdivi-
    49  sion, party boats and charter boats are vessels used to carry passengers
    50  for  hire  wherein  a fee is charged, either directly or indirectly, for

    51  the purpose of taking or attempting to take marine fish for recreational
    52  purposes.
    53    § 6. The environmental conservation law is amended  by  adding  a  new
    54  section 13-0355 to read as follows:
    55  § 13-0355. Recreational marine fishing license.

        S. 59--B                           52                          A. 159--B
 
     1    1.  Definitions  of  licenses;  privileges.   a. A recreational marine
     2  fishing license entitles the holder who is sixteen years of age or older
     3  to take fish from the waters of the marine and coastal district  and  to
     4  take  migratory  fish of the sea from all waters of the state, except as
     5  provided  in  sections 13-0333 and 13-0335 of this title. A recreational
     6  marine fishing license is effective for a license year beginning January

     7  first and ending December thirty-first.
     8    b. A seven-day recreational marine fishing license entitles the holder
     9  to exercise the privileges of a recreational marine fishing license  for
    10  the seven consecutive days specified in such license.
    11    c.  A  one-day recreational marine fishing license entitles the holder
    12  to exercise the privileges of a recreational marine fishing  license  on
    13  the day specified on such license.
    14    2.  General  provisions.    a. The privileges of a recreational marine
    15  fishing license may be exercised only at the times and  places,  and  in
    16  the manner and to the extent, permitted by the fish and wildlife law and
    17  applicable regulations of the department.

    18    b.  Recreational  marine  fishing  licenses  are  not transferable. No
    19  person shall alter, change, lend to another person or attempt to  trans-
    20  fer to another person any recreational marine fishing license.
    21    c.  A license issued in lieu of a lost or destroyed license is void if
    22  it is obtained: (i) by fraud; or (ii) by a person who is not  authorized
    23  to hold it or who makes a false statement in applying for it.
    24    d.    No  license  authorizes  the holder (a) to trespass upon private
    25  lands or waters or to  interfere  with  property  belonging  to  another
    26  person;  (b)  to  take fish or wildlife on an Indian reservation; (c) to
    27  enter upon, or to take or disturb fish or wildlife upon, state lands  or

    28  waters  posted  by  the  department  except in accordance with a written
    29  permit from the department or an order adopted by the department; (d) to
    30  take any fish or wildlife in any area closed to the taking  of  fish  or
    31  wildlife,  or  to take any species of fish, wildlife or protected insect
    32  in an area closed to the taking of such species.
    33    3. Failure to carry license.  a. The holder of a  recreational  marine
    34  fishing license shall:
    35    (i)  at all times have such license on the holder's person while exer-
    36  cising any privilege of that license; and
    37    (ii) shall exhibit such license on demand to any police officer, peace
    38  officer, or owner, lessee or other person in control  of  the  lands  or

    39  waters or the designees of the owner, lessee or person in control of the
    40  lands or waters on which the license holder is present and is exercising
    41  the privileges thereof.
    42    b.  Failure  to  have  a  recreational marine fishing license on one's
    43  person while exercising any privilege of  that  license  is  presumptive
    44  evidence  that  such  person  is  fishing  without  holding  the license
    45  required by this section.
    46    4. Fees.  Each applicant for a  recreational  marine  fishing  license
    47  shall  pay  to the issuing officer a fee according to the license issued
    48  and the residence or other qualification of the applicant, as follows:
    49    a. In the case of persons who have been residents  of  the  state  for

    50  thirty days or more immediately preceding the date of application or who
    51  are enrolled in a full-time course at a college or university within the
    52  state and who are in residence in the state for the school year, Indians
    53  residing  off reservations in the state and members of the United States
    54  armed forces in active service stationed in  this  state  regardless  of
    55  place of residence at the time of entry into service:

        S. 59--B                           53                          A. 159--B
 
     1       License                              Fee
     2       (1) Recreational marine fishing    $10.00
     3       (2) Seven-day recreational marine
     4       fishing                            $8.00

     5       (3) One-day recreational marine
     6       fishing                            $ 4.00
     7    b. In the case of a non-resident and persons resident in the state for
     8  less  than  thirty  days, other than persons who are enrolled in a full-
     9  time course at a college or university within the state and who  are  in
    10  residence  in  the  state  for  the school year and those members of the
    11  United States armed forces as to whom fees are specified in paragraph  a
    12  of this subdivision:
    13       License                              Fee
    14       (1) Recreational marine fishing    $15.00
    15       (2) Seven-day recreational marine
    16       fishing                            $10.00

    17       (3) One-day recreational marine
    18       fishing                            $ 5.00
    19    c. A person eligible for any free license pursuant to subdivision 2 of
    20  section 11-0715 of this chapter shall be eligible for a free recreation-
    21  al marine fishing license.
    22    d.  License  issuing  officers  may  retain  5.5  percent of the gross
    23  proceeds from the sale of all recreational marine fishing licenses.
    24    5. Exemption from requirement of recreational marine fishing  license.
    25  a.  Minors  under  the  age  of  sixteen may take fish as if they held a
    26  recreational marine fishing license.
    27    b. Recreational fishing passengers on a marine  and  coastal  district

    28  party or charter boat licensed pursuant to section 13-0336 of this title
    29  may take fish as if they held a recreational marine fishing license.
    30    6.  Recreational  marine  fishing license data.   a. The department is
    31  authorized to collect data on holders  of  recreational  marine  fishing
    32  licenses,  which shall include but not be limited to, a licensee's name,
    33  address and date of birth.
    34    b. License holder data collected by the department or available to the
    35  department shall be confidential and shall not be  disclosed  except  as
    36  required to comply with section 401(g) of the Magnuson-Stevens fisheries
    37  management and conservation act (16 U.S.C. 1881), as may be amended from
    38  time  to time, or by court order, except that the department may release

    39  or make public any statistics in an aggregate or summary form which does
    40  not make it possible to identify any person who submits such  data.  The
    41  department may prescribe such procedures as may be necessary to preserve
    42  such confidentiality.
    43    7.  Reciprocity  in boundary waters.   If persons holding recreational
    44  marine fishing licenses issued under the New York fish and wildlife  law
    45  are  not  required to have licenses issued by a state named in paragraph
    46  a, b or c of this subdivision when fishing in that part of  the  waters,
    47  specified  in such paragraph, which lies within that state then, in such
    48  case, a person holding a similar license issued by such state may, with-
    49  out a recreational marine fishing license issued under the New York fish

    50  and wildlife law, take fish as provided in this title, from that part of
    51  such waters specified in paragraph a, b or c of this  subdivision  which
    52  lies within this state:
    53    a.  License  issued  by  Connecticut: those parts of Long Island Sound
    54  lying between New York and Connecticut.

        S. 59--B                           54                          A. 159--B
 
     1    b. License issued by New Jersey:  those  parts  of  New  York  Harbor,
     2  Hudson River, Kill Van Kull, Arthur Kill, Raritan Bay and Atlantic Ocean
     3  lying between New York and New Jersey.
     4    c.  License  issued by Rhode Island: those parts of Long Island Sound,
     5  Block Island Sound and Atlantic Ocean lying between New York  and  Rhode
     6  Island.

     7    §  7.  Subdivision 2 of section 13-0503 of the environmental conserva-
     8  tion law, as amended by chapter 263 of the laws of 2007, is  amended  to
     9  read as follows:
    10    2. The board shall have the power and duty to: (a) receive and review,
    11  and to approve or deny, applications from eligible recipients for grants
    12  from  the  marine  and coastal district of New York conservation, educa-
    13  tion, and research fund, created pursuant to  section  ninety-five-c  of
    14  the  state  finance  law,  for  conservation,  research,  and  education
    15  projects relating to such marine and coastal district. Approval  of  any
    16  such proposed project may be granted only by unanimous vote of all three
    17  members  of  the  board. In the event a member of the board is unable to
    18  vote, the alternate for such member may vote in his or her  place[.  The

    19  board shall have the power to];
    20    (b)  make  by-laws  for  the  management  of its affairs and to do all
    21  things necessary or convenient to carry out the powers  expressly  given
    22  in this title;
    23    (c)  review the allocations and expenditures of the department related
    24  to the marine resources account. To assist the board in its review,  the
    25  department  shall  by September first of each year make available to the
    26  board, the governor and the legislature current and  anticipated  income
    27  and expenditures for the account, including planned expenditures by time
    28  and activity code for the next fiscal year;
    29    (d)  consult with marine fish and wildlife interests and render annual

    30  reports to the commissioner on fiscal needs and make recommendations  on
    31  expenditures and how such needs shall be met; and
    32    (e)  make  recommendations  regarding  the maximum fees for the recre-
    33  ational marine fishing licenses identified in section  13-0355  of  this
    34  article.  In  recommending  such fees, the board shall consider economic
    35  indicators, the general financial condition of the saltwater recreation-
    36  al fishing industry and the status  of  the  marine  resources  account,
    37  including  the viability of the marine resources program, as it may deem
    38  appropriate.
    39    § 8. This act shall take effect October 1,  2009;  provided,  however,
    40  that  effective  immediately,  any  regulations necessary for the timely

    41  implementation of this act on its effective date are  authorized  to  be
    42  promulgated before such date.
 
    43                                   PART MM
 
    44    Intentionally omitted.
 
    45                                   PART NN
 
    46    Section 1. Legislative findings. The legislature finds that the nature
    47  of  the work of the department of public service has become increasingly
    48  complex. The public service commission has instituted  proceedings  with
    49  statewide  environmental  and  economic  implications in addition to its
    50  core ratemaking and consumer protection responsibilities for  the  elec-
    51  tric,  natural  gas,  water, steam and telephone industries. The current
    52  amount of the cap set forth in section 18-a of the public  service  law,

        S. 59--B                           55                          A. 159--B
 

     1  established  in 1972, may no longer be adequate to meet the responsibil-
     2  ities of the department and related costs of other  state  agencies  and
     3  authorities  that  are  and  will  continue to be supported through this
     4  assessment. Increasing the assessment cap will allow the department, the
     5  commission and other agencies to continue their oversight of the state's
     6  utilities  and the development of important environmental and efficiency
     7  policies and programs relating to, among other things, energy efficiency
     8  and renewable energy.
     9    The legislature further finds that  while  the  commission  applies  a
    10  traditional regulatory approach to electric, gas, steam and water utili-
    11  ties,  recent  changes  in the telecommunications industry have impacted
    12  the commission's regulatory oversight.  New  York's  landline  telephone

    13  companies  are subject to significant levels of competition from provid-
    14  ers exempt from New York's regulatory structure. To  address  the  chal-
    15  lenges  posed  by such competition, the commission has, within statutory
    16  parameters, streamlined its regulatory oversight to provide  flexibility
    17  while  maintaining  consumer  protections. As a result of these changes,
    18  the regulatory focus  has  narrowed,  allowing  a  shift  of  department
    19  resources to oversight of other jurisdictional industries.
    20    The  legislature  also  finds  that  the challenges facing the state's
    21  energy and water utilities have increased. The commission's  traditional
    22  focus  on  utilities'  rates  and  the  quality  of  utility service has
    23  expanded to include issues related to the role of energy service  compa-
    24  nies  in retail markets and utility efficiencies, the development of the

    25  state's renewable resources and new utility-related issues posed at  the
    26  federal  level.  These  events  have  expanded  the  level  of resources
    27  required to regulate and oversee entities regulated by the commission.
    28    § 2. The section heading and subdivisions 1 and 2 of section  18-a  of
    29  the public service law, the section heading as amended by chapter 446 of
    30  the  laws of 1972, subdivision 1 as amended by chapter 83 of the laws of
    31  1995, subdivision 2 as amended by chapter 15 of the laws  of  1983,  and
    32  paragraph  (d)  of  subdivision  2 as amended by section 1 of part H1 of
    33  chapter 62 of the laws of 2003, are amended to read as follows:
    34    [Cost] Costs and expenses of the commission  and  department  and  the
    35  assessment  [thereof]  of  such  costs  and expenses.   1. All costs and

    36  expenses of the department and commission  shall  be  paid  pursuant  to
    37  appropriation  [in  the  first instance from the state treasury,] on the
    38  certification of the chairman of the department and upon the  audit  and
    39  warrant  of  the  comptroller.    The state treasury shall be reimbursed
    40  therefore by payments to be  made  thereto  from  all  moneys  collected
    41  pursuant  to this chapter. The total of such costs and expenses shall be
    42  borne by the public utility companies (including  for  the  purposes  of
    43  this  section  municipalities  other  than  municipalities as defined in
    44  section eighty-nine-l of  this  chapter),  corporations  (including  the
    45  power  authority  of  the state of New York), and persons subject to the
    46  commission's regulation, to be assessed in the manner provided in subdi-
    47  visions two, three and four of this  section  and  section  two  hundred

    48  seventeen of this chapter.
    49    2.  (a)  The  chairman  of  the department shall estimate prior to the
    50  start of each state fiscal year the total costs and expenses,  including
    51  the  compensation  and  expenses  of  the commission and the department,
    52  their officers, agents and employees, and including the cost of  retire-
    53  ment contributions, social security, health and dental insurance, survi-
    54  vor's  benefits, workers' compensation, unemployment insurance and other
    55  fringe benefits required to be paid by the state for  the  personnel  of
    56  the  commission  and  the  department,  and including all other items of

        S. 59--B                           56                          A. 159--B
 
     1  maintenance and operation expenses, and all other  direct  and  indirect
     2  costs.  Based on such [estimate] estimates, the chairman shall determine

     3  the amount to be paid by each assessed public utility company and a bill
     4  shall be rendered [therefor] to each such public utility company.
     5    (b)  The  bill for each public utility company shall be rendered on or
     6  before February first preceding each fiscal year, and shall be  for  the
     7  amount  equal  to  the  product  of  the  aforesaid  estimated costs and
     8  expenses of conducting the department's  and  commission's  total  oper-
     9  ations during the fiscal year for which billing is being made multiplied
    10  by the proportion which compares:
    11    (1)  the  gross  operating revenues, over and above [twenty-five] five
    12  hundred thousand dollars, for that utility company derived  from  intra-
    13  state  utility  operations in the last preceding calendar year, or other
    14  twelve month period as determined by the chairman, to:

    15    (2) the total of the gross operating revenues, derived from intrastate
    16  utility operations for all utility companies in the state which revenues
    17  are included under subparagraph [(1)] one of  [paragraph  (b)  of]  this
    18  [subdivision] paragraph.
    19    For  the  purposes  of calculating the commodity cost component of its
    20  gross operating revenue, where the utility delivers to end-use customers
    21  electricity and/or natural gas commodities that are sold to such custom-
    22  ers by a third party, such utility shall  include  in  its  revenues  an
    23  estimate  of  the  sales  revenue  for  the  electric and/or natural gas
    24  commodities that it delivers, including all  such  commodities  sold  to

    25  end-use customers by third parties, in such manner as to assure that all
    26  end-use  delivery  customers,  regardless  of the entity from which they
    27  purchase their electric and/or natural gas commodities, bear a fair  and
    28  proportionate  share of the assessment imposed herein, as the commission
    29  may determine.
    30    (c) The minimum assessment for any utility company whose gross  reven-
    31  ues  from  intrastate  utility operations are in excess of [twenty-five]
    32  five hundred thousand dollars in the preceding calendar  year  shall  be
    33  [ten] two hundred dollars.
    34    (d)  The  amount  of  such bill for fiscal years beginning on or after
    35  April first, nineteen hundred eighty-three so rendered shall be paid  by
    36  such  public utility company to the department on or before April first;

    37  provided, however, that a utility company  may  elect  to  make  partial
    38  payments  for  such  costs  and expenses on March tenth of the preceding
    39  fiscal year and on  September  tenth  of  such  fiscal  year.  [Provided
    40  further,  however, that for the fiscal year beginning April two thousand
    41  three payment will be due March tenth, two thousand three at twenty-five
    42  percentum; June tenth, two thousand three at twenty-five percentum;  and
    43  September  tenth,  two  thousand  three  at fifty percentum. Thereafter,
    44  each] Each such partial payment shall be a sum equal to fifty  percentum
    45  of the estimate of costs and expenses to be assessed against such utili-
    46  ty  company  under  the  provisions of this subdivision and shall not be
    47  less than [ten] two hundred dollars.

    48    (e) During the course of any  state  fiscal  year,  the  chairman  may
    49  increase  or decrease the estimate of costs and expenses [of the depart-
    50  ment and the commission].  In such case, revised bills shall be sent  to
    51  each   public  utility  company  [which  has  elected  to  make  partial
    52  payments], and such increase or decrease shall  be  equally  apportioned
    53  against the remaining payments for such fiscal year.
    54    (f)  On  or  before  October  tenth  of  each year, the chairman shall
    55  compute the actual costs and expenses of the department and the  commis-
    56  sion  and  adjustments  or other corrections as needed for the preceding

        S. 59--B                           57                          A. 159--B
 
     1  state fiscal year and, after deducting the amounts recovered pursuant to

     2  subdivisions three and four of this section, shall, on or before October
     3  twentieth, send to each public utility company affected thereby a state-
     4  ment setting forth the amount due and payable by, or the amount standing
     5  to  the  credit of, such public utility company. Any amount owing by any
     6  public utility company shall be paid not later than thirty days  follow-
     7  ing the date such statement is received. Any such amount standing to the
     8  credit of any public utility company shall be refunded by the commission
     9  or,  at the option of such utility company, shall be applied as a credit
    10  against any succeeding payment due.
    11    (g) The total amount which may be charged to any public utility compa-
    12  ny under authority of this subdivision for any state fiscal  year  shall
    13  not  exceed  [one-third of] one per centum of such public utility compa-

    14  ny's gross operating revenues derived from intrastate utility operations
    15  in the last preceding calendar year, or other  twelve  month  period  as
    16  determined  by  the  chairman; provided, however, that no corporation or
    17  person that is subject to the jurisdiction of the commission  only  with
    18  respect  to  safety,  or  the  power authority of the state of New York,
    19  shall be subject to the  general  assessment  provided  for  under  this
    20  subdivision.
    21    Notwithstanding the provisions of subdivision one of this section, for
    22  telephone  corporations  as  defined in subdivision seventeen of section
    23  two of this article, the total amount which may be charged  such  corpo-
    24  rations  for  department expenses under the authority of subdivision one
    25  of this section for any state fiscal year shall not exceed one-third  of

    26  one  percentum  of  such corporation's gross operating revenue, over and
    27  above five hundred thousand dollars,  derived  from  intrastate  utility
    28  operations  in  the  last preceding calendar year, or other twelve month
    29  period as determined by the chairman.
    30    § 3. Subdivision 4-a of section 18-a of the  public  service  law,  as
    31  amended  by  chapter  46  of the laws of 1983, is renumbered subdivision
    32  4-b.
    33    § 4. Section 18-a of the public service law is amended by adding a new
    34  subdivision 6 to read as follows:
    35    6.(a) Notwithstanding any  provision  of  law  to  the  contrary,  and
    36  subject to the exceptions provided for in paragraph (b) of this subdivi-
    37  sion,  for  the state fiscal year beginning on April first, two thousand

    38  nine and four state fiscal years thereafter, a temporary annual  assess-
    39  ment  (hereinafter "temporary state energy and utility service conserva-
    40  tion assessment") is hereby imposed on public utility companies (includ-
    41  ing for the purposes  of  this  subdivision  municipalities  other  than
    42  municipalities  as  defined  in  section eighty-nine-l of this chapter),
    43  corporations (including for purposes of this subdivision the Long Island
    44  power authority), and persons subject  to  the  commission's  regulation
    45  (hereinafter  such  public  utility companies, corporations, and persons
    46  are referred to collectively as the "utility entities") to encourage the
    47  conservation of energy and  other  resources  provided  through  utility

    48  entities,  to  be  assessed  in the manner provided in this subdivision;
    49  provided, however, that such assessment shall not be imposed upon  tele-
    50  phone corporations as defined in subdivision seventeen of section two of
    51  this article.
    52    (b)  The  temporary  state  energy  and  utility  service conservation
    53  assessment shall be equal to two percentum of the utility entity's gross
    54  operating revenues derived from intrastate  utility  operations  in  the
    55  last preceding calendar year, minus the amount, if any, that such utili-
    56  ty  entity  is  assessed  pursuant  to  subdivisions one and two of this

        S. 59--B                           58                          A. 159--B
 

     1  section for the corresponding state fiscal year period.  With respect to
     2  the Long Island power authority, the temporary state energy and  utility
     3  service  conservation assessment shall be equal to one percentum of such
     4  authority's  gross  operating  revenues  derived from intrastate utility
     5  operations in the last preceding  calendar  year.    No  corporation  or
     6  person  subject  to the jurisdiction of the commission only with respect
     7  to safety, or the power authority of the state of  New  York,  shall  be
     8  subject  to  the temporary state energy and utility service conservation
     9  assessment provided for under this subdivision. Utility  entities  whose
    10  gross  operating  revenues  from  intrastate utility operations are five

    11  hundred thousand dollars or less in the preceding  calendar  year  shall
    12  not be subject to the temporary state energy and utility service conser-
    13  vation  assessment.  The  minimum  temporary  state  energy  and utility
    14  service conservation assessment to be billed to any utility entity whose
    15  gross revenues from intrastate utility operations are in excess of  five
    16  hundred  thousand  dollars  in  the preceding calendar year shall be two
    17  hundred dollars.
    18    (c) The chairman of the department shall determine, prior to the start
    19  of each state fiscal year, the amount of the temporary state energy  and
    20  utility  service  conservation  assessment  for utility entities for the
    21  fiscal year. Based on that determination, a bill shall be  rendered  for

    22  each  utility  entity  on  or before February first preceding each state
    23  fiscal year for the amount as set forth in paragraph (b) of this  subdi-
    24  vision.
    25    (d)  Each  utility entity must pay the bill rendered to it pursuant to
    26  paragraph (c) of this subdivision as follows:
    27    (i) The amount of such bill shall  be  paid  by  such  public  utility
    28  company  to  the department on or before April first; provided, however,
    29  that a utility company may elect to make partial payments for such costs
    30  and expenses on March tenth of the preceding fiscal year and on  Septem-
    31  ber tenth of such fiscal year.  Each such partial payment shall be a sum
    32  equal  to  fifty  percentum  of the estimate of costs and expenses to be

    33  assessed against such utility  company  under  the  provisions  of  this
    34  subdivision and shall not be less than two hundred dollars.
    35    (ii)  During  the  course  of  any state fiscal year, the chairman may
    36  adjust the amount of the bills as appropriate to  reflect,  among  other
    37  things,  the actual reported revenues. In such case, revised bills shall
    38  be sent to each utility entity subject to the provisions of this  subdi-
    39  vision,  and  such  increase  or  decrease  shall be equally apportioned
    40  against the remaining payments for such fiscal year;
    41    (e) For the purposes of calculating the commodity  cost  component  of
    42  its  gross  operating  revenue,  where  the  utility delivers to end-use

    43  customers electricity and/or natural gas commodities that  are  sold  to
    44  such  customers  by  a  third  party,  such utility shall include in its
    45  revenues an estimate of  the  sales  revenue  for  the  electric  and/or
    46  natural gas commodities that it delivers, including all such commodities
    47  sold  to end-use customers by third parties, in such manner as to assure
    48  that all end-use delivery customers, regardless of the entity from which
    49  they purchase their electric and/or natural gas commodities, bear a fair
    50  and proportionate share of the assessment imposed herein, as the commis-
    51  sion may determine.
    52    (f) Notwithstanding any provision of law to the contrary,  all  tempo-
    53  rary  state  energy  and  utility service conservation assessment monies

    54  collected and received by the department shall be deposited to the cred-
    55  it of the comptroller with such responsible  banks,  banking  houses  or
    56  trust  companies as may be designated by the comptroller.  Such deposits

        S. 59--B                           59                          A. 159--B
 
     1  shall be kept separate and apart from all other monies in the possession
     2  of the comptroller. The comptroller shall require adequate security from
     3  all such depositories. Of the total amount  collected,  the  comptroller
     4  shall  retain  the amount determined by the chairman to be necessary for
     5  refund of overpayments out of which the comptroller must pay any refunds
     6  to which a utility entity may be entitled pursuant to paragraph  (g)  of

     7  this  subdivision.  After reserving the amount to pay refunds, the comp-
     8  troller shall, on or before  the  tenth  day  of  each  month,  or  more
     9  frequently  as  he  or she may deem appropriate, pay all temporary state
    10  energy and utility service conservation assessment monies collected  and
    11  received under this subdivision and remaining to the comptroller's cred-
    12  it into the state general fund.
    13    (g)  On or before October tenth of each year, the chairman may compute
    14  adjustments or other corrections  as  needed  for  the  preceding  state
    15  fiscal  year  and,  shall,  on or before October twentieth, send to each
    16  utility entity affected thereby, a statement setting  forth  the  amount

    17  due and payable by, or the amount standing to the credit of, such utili-
    18  ty  entity.  Any  amount  owing  by any utility entity shall be paid not
    19  later than thirty days following the date such  statement  is  received.
    20  Any  such  amount  standing to the credit of any utility entity shall be
    21  refunded by the chairman.
    22    (h) The chairman is authorized to  coordinate  the  implementation  of
    23  this  subdivision with the other subdivisions of this section, including
    24  for purposes of, but not limited  to,  billing  and  collection  of  the
    25  assessments provided for under this section.
    26    §  5. The department of taxation and finance, in consultation with the
    27  department of public service,  is  hereby  authorized  and  directed  to

    28  conduct  a  study  of  assessments,  fees, and tax rates, and associated
    29  policies of the state of New York, relating  to  the  telecommunications
    30  industry including, but not limited to the cable, satellite and wireless
    31  industries  of the state. The results of the study shall be set forth in
    32  a written report made to the governor, the temporary  president  of  the
    33  senate,  the  speaker of the assembly, the minority leader of the senate
    34  and the minority leader of the assembly on or before October 1, 2009.
    35    § 6. This act shall take effect immediately; provided,  however,  that
    36  subdivision  6  of  section  18-a of the public service law, as added by
    37  section four of this act shall take  effect  April  1,  2009  and  shall
    38  expire  and  be  deemed  repealed March 31, 2014; and provided, further,
    39  that if section four of this act shall become law after April  1,  2009,

    40  it  shall  take  effect  immediately and shall be deemed to have been in
    41  full force and effect on and after April 1, 2009.
 
    42                                   PART OO
 
    43    Section 1. Subdivision (h) of section 303 of the vehicle  and  traffic
    44  law,  as  amended by chapter 608 of the laws of 1993, is amended to read
    45  as follows:
    46    (h) The commissioner, or any person duly deputized, in addition to  or
    47  in  lieu  of  revoking  or  suspending  a license to operate an official
    48  inspection station or a certificate to inspect vehicles,  may  by  order
    49  require the licensee or certified inspector to pay to the people of this
    50  state  a  penalty [in] for a first violation a sum not exceeding [three]
    51  seven hundred and fifty dollars for each violation found  to  have  been

    52  committed;  and  for a second or subsequent violation not arising out of
    53  the same incident both of which were committed within a period of thirty
    54  months, a sum of not more than one thousand dollars for  each  violation

        S. 59--B                           60                          A. 159--B
 
     1  found  to  have  been committed; provided, however, the penalty for each
     2  and any violation of paragraph three of subdivision (e) of this  section
     3  found  to  have  been  committed shall be no less than three hundred and
     4  fifty  dollars and no more than one thousand dollars, and upon the fail-
     5  ure of such licensee to pay such penalty within twenty  days  after  the
     6  mailing  of  such  order,  postage prepaid, registered or certified, and

     7  addressed to the last known place of business of such licensee or certi-
     8  fied inspector, unless such order is stayed  by  a  court  of  competent
     9  jurisdiction  or in accordance with the provisions of Article three-A of
    10  this chapter, the commissioner may revoke the license of  such  licensee
    11  or  the  certificate of such certified inspector or may suspend the same
    12  for such period as may be determined.   Civil penalties  assessed  under
    13  this  subdivision shall be paid to the commissioner for deposit into the
    14  state treasury, and unpaid civil  penalties  may  be  recovered  by  the
    15  commissioner in a civil action in the name of the commissioner. In addi-
    16  tion,  as  an  alternative  to  such  civil  action and provided that no
    17  proceeding for judicial review shall then be pending and  the  time  for
    18  initiation  of  such proceeding shall have expired, the commissioner may

    19  file with the county clerk of the county  in  which  the  registrant  is
    20  located  or the certified inspector resides a final order of the commis-
    21  sioner containing the amount of the penalty assessed. The filing of such
    22  final order shall have the full force and  effect  of  a  judgment  duly
    23  docketed  in  the  office  of such clerk and may be enforced in the same
    24  manner and with the same effect as that provided by law  in  respect  to
    25  executions issued against property upon judgments of a court of record.
    26    §  2.  Paragraph  (b) of subdivision 2 of section 398-e of the vehicle
    27  and traffic law, as amended by chapter 634  of  the  laws  of  1980,  is
    28  amended to read as follows:
    29    (b) Such penalty for a first violation shall be in a sum not exceeding
    30  [three]  seven  hundred  fifty  dollars for each violation found to have

    31  been committed, and for a second or subsequent violation not arising out
    32  of the same incident both of which were committed  within  a  period  of
    33  thirty  months,  be  in  a sum of not more than one thousand dollars for
    34  each violation found to have  been  committed;  provided,  however,  the
    35  penalty  for  each and any violation of paragraph (g) of subdivision one
    36  of this section found to have been committed shall be no less than three
    37  hundred and fifty dollars and no more than one thousand dollars,  except
    38  that  if  a finding of financial loss has been made pursuant to subdivi-
    39  sion three of this section, the amount of such penalty may be  increased
    40  by the amount of financial loss so found.
    41    §  3. Subdivision 12 of section 415 of the vehicle and traffic law, as

    42  amended by chapter 7 of the laws of 2000, is amended to read as follows:
    43    12. The commissioner, or any person deputized by him, in  addition  to
    44  or  in lieu of revoking or suspending the certificate of registration of
    45  a registrant in accordance with the provisions of this article,  may  in
    46  any  one proceeding by order require the registrant to pay to the people
    47  of this state a penalty [in] for a first violation a sum  not  exceeding
    48  one  thousand  dollars  for each violation found to have been committed;
    49  and for a second or subsequent violation not arising  out  of  the  same
    50  incident  both of which were committed within a period of thirty months,
    51  a sum of not more than  one  thousand  five  hundred  dollars  for  each
    52  violation  found  to have been committed; provided, however, the penalty

    53  for each and any violation of paragraph c of subdivision  nine  of  this
    54  section found to have been committed shall be no less than three hundred
    55  and  fifty  dollars  and no more than one thousand five hundred dollars,
    56  except that if a finding of financial loss has  been  made  pursuant  to

        S. 59--B                           61                          A. 159--B
 
     1  subdivision  fourteen of this section, the amount of such penalty may be
     2  increased by the amount of financial loss so found, and upon the failure
     3  of such registrant to pay such penalty  within  twenty  days  after  the
     4  mailing  of  such  order,  postage prepaid, registered or certified, and
     5  addressed to the last known place of business of such registrant, unless
     6  such order is stayed by an order of a court of  competent  jurisdiction,

     7  the  commissioner  may  revoke  the  certificate of registration of such
     8  registrant or may suspend the same for such period as he may  determine.
     9  Civil  penalties  assessed  under  this subdivision shall be paid to the
    10  commissioner for deposit into  the  state  treasury,  and  unpaid  civil
    11  penalties  may be recovered by the commissioner in a civil action in the
    12  name of the commissioner.
    13    § 4. This act shall take effect on the ninetieth day  after  it  shall
    14  have  become  a  law and shall apply only to violations occurring on and
    15  after such date.
 
    16                                   PART PP
 
    17    Section 1.  Paragraph (h) of subdivision 2 of section 503 of the vehi-
    18  cle and traffic law, as amended by chapter 196 of the laws of  1996,  is
    19  amended to read as follows:
    20    (h)  An  applicant whose driver's license has been revoked pursuant to

    21  (i) section five hundred ten of this title, (ii) section eleven  hundred
    22  ninety-three  of  this chapter, and (iii) section eleven hundred ninety-
    23  four of this chapter, shall, upon application for issuance of a driver's
    24  license, pay to the commissioner a fee of [fifty] one hundred  dollars[;
    25  provided, however, when]. When the basis for the revocation is a finding
    26  of  driving  after having consumed alcohol pursuant to the provisions of
    27  section eleven hundred ninety-two-a of this chapter, the fee to be  paid
    28  to  the  commissioner  shall  be  one  hundred  dollars. Such fee is not
    29  refundable and shall not be returned to the applicant regardless of  the
    30  action  the commissioner may take on such person's application for rein-
    31  statement of such driving license. Such fee shall be in addition to  any

    32  other  fees  presently  levied but shall not apply to an applicant whose
    33  driver's license was revoked for failure to pass a reexamination  or  to
    34  an applicant who has been issued a conditional or restricted use license
    35  under the provisions of article twenty-one-A or thirty-one of this chap-
    36  ter.
    37    §  2. Paragraph (j) of subdivision 2 of section 503 of the vehicle and
    38  traffic law, as amended by chapter 196 of the laws of 1996,  is  amended
    39  to read as follows:
    40    (j) Whenever a license issued pursuant to this article, or a privilege
    41  of  operating  a  motor vehicle or of obtaining such a license, has been
    42  suspended, such suspension shall remain in effect until a termination of
    43  a suspension fee of [twenty-five] fifty dollars is paid to  the  commis-
    44  sioner;  provided, however, when the basis for the suspension is a find-

    45  ing of driving after having consumed alcohol pursuant to the  provisions
    46  of  section  eleven  hundred ninety-two-a of this chapter, the fee to be
    47  paid to the commissioner shall be one hundred dollars. The provisions of
    48  this paragraph shall not apply to a temporary suspension pending a hear-
    49  ing, prosecution or investigation, nor to an indefinite suspension which
    50  is issued because of the failure of the person suspended to  perform  an
    51  act, which suspension will be terminated by the performance of the act.
    52    §  3.  Subparagraph (i) of paragraph (j-1) of subdivision 2 of section
    53  503 of the vehicle and traffic law, as added by section 8 of part  J  of
    54  chapter 62 of the laws of 2003, is amended to read as follows:

        S. 59--B                           62                          A. 159--B
 

     1    (i)  When a license issued pursuant to this article, or a privilege of
     2  operating a motor vehicle or of  obtaining  such  a  license,  has  been
     3  suspended  based  upon  a  failure  to  answer an appearance ticket or a
     4  summons or failure to pay a fine, penalty or mandatory surcharge, pursu-
     5  ant  to subdivision three of section two hundred twenty-six, subdivision
     6  four of section two hundred twenty-seven, subdivision four-a of  section
     7  five  hundred ten or subdivision five-a of section eighteen hundred nine
     8  of this chapter, such suspension shall remain in effect until  a  termi-
     9  nation  of  a suspension fee of [thirty-five] seventy dollars is paid to
    10  the court or tribunal that initiated the suspension of such  license  or
    11  privilege. In no event may the aggregate of the fees imposed by an indi-
    12  vidual  court  pursuant  to  this  paragraph  for the termination of all

    13  suspensions that may be terminated as a result of  a  person's  answers,
    14  appearances  or payments made in such cases pending before such individ-
    15  ual court exceed [two] four hundred dollars. For the  purposes  of  this
    16  paragraph,  the  various locations of the administrative tribunal estab-
    17  lished under article two-A of this chapter shall be considered an  indi-
    18  vidual court.
    19    §  4.  Paragraph  (j-1) of subdivision 2 of section 503 of the vehicle
    20  and traffic law is amended by adding a new subparagraph (iv) to read  as
    21  follows:
    22    (iv)  Notwithstanding  any  other  provision  of this paragraph, fifty
    23  percent of all fees collected pursuant to this paragraph shall be depos-
    24  ited to the credit of the general fund.
    25    § 5. This act shall take effect on the ninetieth day  after  it  shall

    26  have  become  a  law,  provided  that section one of this act shall only
    27  apply to revocations  issued  on  or  after  such  effective  date,  and
    28  provided  that  sections  two  and three of this act shall apply only to
    29  suspensions issued on or after such effective date.
 
    30                                   PART QQ
 
    31    Section 1. Subdivision 3 of section 99-h of the state finance law,  as
    32  amended  by  chapter  747  of  the  laws  of 2006, is amended to read as
    33  follows:
    34    3. Moneys of the account, following appropriation by the  legislature,
    35  shall  be  available  for  purposes  including  but  not limited to: (a)
    36  reimbursements or payments to municipal  governments  that  host  tribal
    37  casinos  pursuant  to  a  tribal-state  compact  for  costs  incurred in
    38  connection with services provided to such casinos or arising as a result

    39  thereof,  for  economic  development  opportunities  and  job  expansion
    40  programs  authorized  by  the executive law; provided, however, that for
    41  any gaming facility located in the [county of Erie] city of Buffalo, the
    42  [municipal governments hosting  the  facility]  city  of  Buffalo  shall
    43  [collectively]  receive  a minimum of twenty-five percent of the negoti-
    44  ated percentage of the net drop from electronic gaming devices the state
    45  receives pursuant to the compact, and  provided  further  that  for  any
    46  gaming  facility located in the city of Niagara Falls, county of Niagara
    47  a minimum of twenty-five percent of the negotiated percentage of the net
    48  drop from electronic gaming devices the state receives pursuant  to  the
    49  compact shall be distributed in accordance with subdivision four of this

    50  section,  and  provided  further that for any gaming facility located in
    51  the county or counties  of  Cattaraugus,  Chautauqua  or  Allegany,  the
    52  municipal  governments  of  the state hosting the facility shall collec-
    53  tively receive a  minimum  of  twenty-five  percent  of  the  negotiated
    54  percentage  of  the  net  drop  from electronic gaming devices the state

        S. 59--B                           63                          A. 159--B
 
     1  receives pursuant to the compact; and provided further that pursuant  to
     2  chapter  five hundred ninety of the laws of two thousand four, a minimum
     3  of twenty-five percent of the revenues received by the state pursuant to
     4  the state's compact with the St. Regis Mohawk tribe shall be made avail-
     5  able to the counties of Franklin and St. Lawrence, and affected towns in

     6  such  counties.  Each  such  county and its affected towns shall receive
     7  fifty percent of the moneys made available by the state; and (b) support
     8  and services of treatment programs for persons suffering  from  gambling
     9  addictions.    Moneys not appropriated for such purposes shall be trans-
    10  ferred to the general fund for the  support  of  government  during  the
    11  fiscal year in which they are received.
    12    §  2.  Subdivision  4  of  section  99-h  of the state finance law, as
    13  amended by chapter 747 of the laws  of  2006,  is  amended  to  read  as
    14  follows:
    15    4.  (a)  Monies  which  are appropriated and received each year by the
    16  state as a portion of the negotiated percentage of  the  net  drop  from
    17  electronic  gaming  devices the state receives in relation to the opera-
    18  tion of a gaming facility in  the  city  of  Niagara  Falls,  county  of

    19  Niagara which subdivision three of this section requires to be a minimum
    20  of  twenty-five  percent, shall be budgeted and disbursed by the city of
    21  Niagara Falls [and the county of Niagara] in the following manner:
    22    (i) seventy-five percent of the total annual amount received shall  be
    23  available  for  expenditure by the city of Niagara Falls for such public
    24  purposes as are determined, by the city, to be necessary  and  desirable
    25  to  accommodate and enhance economic development, neighborhood revitali-
    26  zation, public health and safety, and infrastructure improvement in  the
    27  city, shall be deposited into the tribal revenue account of the city and
    28  any  and all interest and income derived from the deposit and investment
    29  of such monies shall be deposited into the general operating fund of the
    30  city; and
    31    (ii) the remaining twenty-five percent  of  the  total  annual  amount

    32  received shall be allocated for the [county] city of Niagara Falls to be
    33  available for expenditure in the following manner:
    34    (1)  within  thirty-five days upon receipt of such funds by such city,
    35  five and one-half percent of the total annual amount  received  in  each
    36  year, not to exceed seven hundred fifty thousand dollars annually, shall
    37  be  transferred  [to  the county treasurer for disbursement, within five
    38  business days of receipt by the  county  treasurer,]  to  Niagara  Falls
    39  memorial  medical  center  to be used for capital construction projects;
    40  and
    41    (2) within thirty-five days upon receipt of such funds by  such  city,
    42  five  and  one-half  percent of the total annual amount received in each
    43  year, not to exceed seven hundred fifty thousand dollars annually, shall

    44  be transferred to the Niagara Falls city  school  district  for  capital
    45  construction projects; and
    46    (3)  within  thirty-five days upon receipt of such funds by such city,
    47  [seven] six percent in each year shall be  transferred  to  the  Niagara
    48  tourism  and  convention  center  corporation  for marketing and tourism
    49  promotion in the county of Niagara including the city of Niagara  Falls;
    50  and
    51    (4)  an  amount  equal  to  the lesser of one million dollars or seven
    52  percent of the total amount in each year shall  be  transferred  to  the
    53  city of Niagara [county industrial development agency] Falls and held in
    54  an  escrow  account maintained by the city of Niagara [county industrial
    55  development agency] Falls and, if additional funding has been secured by

    56  the Niagara frontier transportation authority to finance construction of

        S. 59--B                           64                          A. 159--B
 
     1  a new terminal at Niagara Falls, such amount held  in  escrow  shall  be
     2  transferred  to  the  Niagara frontier transportation authority for such
     3  purpose provided however that if such additional funding  has  not  been
     4  secured  or  construction of a new terminal has not commenced within two
     5  years of the date which such monies were received by the city of Niagara
     6  [county industrial development agency] Falls such amounts held in escrow
     7  by the city of Niagara  [county  industrial  development  agency]  Falls
     8  shall  be  distributed pursuant to subparagraph (iii) of this paragraph;
     9  and

    10    (5) within thirty-five days upon receipt of such funds by  such  city,
    11  one percent or three hundred fifty thousand dollars, whichever is great-
    12  er,  of  the  total  annual amount received in each year shall be trans-
    13  ferred to the Niagara Falls Underground  Railroad  Heritage  Commission,
    14  established pursuant to article forty-three of the parks, recreation and
    15  historic  preservation  law to be used for, but not limited to, develop-
    16  ment, capital improvements, acquisition of real property,  and  acquisi-
    17  tion  of  personal  property  within  the  heritage  area in the city of
    18  Niagara Falls as established pursuant to the commission; and
    19    (iii) all other  monies  appropriated  or  received  for  distribution

    20  pursuant  to  this  subdivision  after the transfer of money pursuant to
    21  this subparagraph and subparagraphs (i) and (ii) of  this  paragraph  in
    22  each  year  shall  be  allocated  to the [county of Niagara for economic
    23  development including but not limited to: marketing, tourism and  devel-
    24  opment  to facilitate private investment and private sector job creation
    25  in the county of Niagara  including  the]  city  of  Niagara  Falls  for
    26  infrastructure and road improvement projects.
    27    (b)  On  or  before  the  first of April, each entity receiving moneys
    28  pursuant to subparagraphs (i), (ii) and (iii) of paragraph (a)  of  this
    29  subdivision,  shall  annually submit a report to the governor, temporary
    30  president of the senate, speaker of the assembly,  [the  Niagara  county

    31  manager,]  mayor  of  the  city  of Niagara Falls and leader of the city
    32  council of the city of Niagara Falls. Each such report shall include  an
    33  accounting  of  all moneys received by such entity pursuant to paragraph
    34  (a) of this subdivision and the expenditure of any such moneys.
    35    (c) Notwithstanding any other provision of law to the contrary,  fail-
    36  ure  by  the  city  of  Niagara  Falls to disburse funds as such city is
    37  required pursuant to clauses one, two, three and  four  of  subparagraph
    38  (ii) of paragraph (a) of this subdivision within thirty-five days of the
    39  actual  receipt of the funds or the submission of the subentity expendi-
    40  ture report due by April first of each year, which ever is later,  shall
    41  result in an additional payment by the city of Niagara Falls of one-half
    42  percent  per week not to exceed eighteen percent of the amount which was

    43  to have been disbursed pursuant to such [subparagraphs]  clauses.    Any
    44  such  additional  payment  required  to  be  made  by  the city shall be
    45  disbursed from  the  city's  seventy-five  percent  share  described  in
    46  subparagraph (i) of paragraph (a) of this subdivision.
    47    (d) [Notwithstanding any other provision of law to the contrary, fail-
    48  ure  by  the  county  of  Niagara  to  disburse  funds as such county is
    49  required pursuant to clause one of subparagraph (ii) of paragraph (a) of
    50  this subdivision within five business days of the actual receipt of  the
    51  funds or the submission of the subentity expenditure report due by April
    52  first  of  each year, which ever is later, shall result in an additional
    53  payment by the county of Niagara of one-half percent  per  week  not  to

    54  exceed  eighteen  percent of the amount which was to have been disbursed
    55  pursuant to such subparagraphs. Any such additional payment required  to

        S. 59--B                           65                          A. 159--B

     1  be  made  by  the  county  shall  be  disbursed  from the county's share
     2  described in subparagraph (iii) of paragraph (a) of this subdivision.
     3    (e)] In the event that any monies to be distributed pursuant to claus-
     4  es  one,  three  and  four of subparagraph (ii) of paragraph (a) of this
     5  subdivision cannot, for any reason, be received or utilized, such monies
     6  shall be distributed to the city of Niagara [county] Falls for  economic
     7  development projects within such [county] city.

     8    [(f) In the event that any monies to be distributed pursuant to clause
     9  two of subparagraph (ii) of paragraph (a) of this subdivision cannot for
    10  any reason, be received or utilized, such monies shall be distributed to
    11  the  city of Niagara Falls for economic development projects within such
    12  city.]
    13    § 3. This act shall take effect immediately and  shall  be  deemed  to
    14  have  been in full force and effect on and after April 1, 2009; provided
    15  further, that the amendments to subdivisions 3 and 4 of section 99-h  of
    16  the state finance law made by sections one and two of this act shall not
    17  affect  the  expiration  of  such  section and shall be deemed to expire
    18  therewith.
 
    19                                   PART RR
 
    20    Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the

    21  executive  law  relating to permitting the secretary of state to provide
    22  special handling for all documents filed or issued by  the  division  of
    23  corporations  and to permit additional levels of such expedited service,
    24  as amended by section 1 of part Q of chapter 59 of the laws of 2008,  is
    25  amended to read as follows:
    26    §  2.  This  act shall take effect immediately, provided however, that
    27  section one of this act shall be deemed to have been in full  force  and
    28  effect  on  and  after  April  1, 2003 and shall expire March 31, [2009]
    29  2010.
    30    § 2. This act shall take effect immediately and  shall  be  deemed  to
    31  have been in full force and effect on and after March 31, 2009.
 
    32                                   PART SS
 
    33    Section  1.  Section 27-1001 of the environmental conservation law, as

    34  added by chapter 200 of the laws of 1982, is amended to read as follows:
    35  § 27-1001. Legislative findings.
    36    The legislature hereby finds that litter composed of discarded  [soft-
    37  drink,  beer  and ale bottles and cans] beverage containers is a growing
    38  problem of state concern and a direct threat to the health and safety of
    39  the citizens of  this  state.  Discarded  beverage  [bottles  and  cans]
    40  containers  create  a  hazard to vehicular traffic, a source of physical
    41  injury to pedestrians[,] and farm animals [and], a hazard  to  farm  and
    42  other  machinery  and  an unsightly accumulation of litter which must be
    43  disposed of at increasing public expense. Beverage  [bottles  and  cans]

    44  containers  also create an unnecessary addition to the state's and muni-
    45  cipalities'  already  overburdened  solid  waste  and  refuse   disposal
    46  systems.    Unsegregated  disposal of such [bottles and cans] containers
    47  creates an impediment to the efficient operation  of  resource  recovery
    48  plants.  Further,  the legislature finds that the uninhibited discard of
    49  beverage containers constitutes a  waste  of  both  mineral  and  energy
    50  resources.  The legislature hereby finds that requiring a deposit on all
    51  beverage containers, along with  certain  other  facilitating  measures,

        S. 59--B                           66                          A. 159--B
 
     1  will  provide  a  necessary incentive for the economically efficient and
     2  environmentally benign collection and recycling of such containers.

     3    §  2.  Subdivisions  1  and  2 of section 27-1003 of the environmental
     4  conservation law, subdivision 1 as amended by chapter 778 of the laws of
     5  1988 and subdivision 2 as amended by chapter 546 of the  laws  of  1986,
     6  are amended to read as follows:
     7    1.  "Beverage"  means  carbonated  soft drinks, [mineral] water, [soda
     8  water,] beer, other malt beverages and a  wine  product  as  defined  in
     9  subdivision  thirty-six-a  of  section  three  of the alcoholic beverage
    10  control law.  "Malt beverages" means any beverage obtained by the  alco-
    11  holic  fermentation  or  infusion or decoction of barley, malt, hops, or
    12  other wholesome grain or cereal and water including, but not limited  to
    13  ale, stout or malt liquor. "Water" means any beverage identified through

    14  the  use  of letters, words or symbols on its product label as a type of
    15  water, including any flavored water  or  nutritionally  enhanced  water,
    16  provided, however, that "water" does not include any beverage identified
    17  as a type of water to which a sugar has been added.
    18    2.  "Beverage container" means the individual, separate, sealed glass,
    19  metal, aluminum, steel or plastic bottle, can or jar used for containing
    20  less than one gallon or [3.8] 3.78 liters [or less] at the time of  sale
    21  or  offer for sale of a beverage intended for use or consumption in this
    22  state. Beverage containers sold  or  offered  for  sale  or  distributed
    23  aboard  aircraft  or  ships  shall  be considered as intended for use or
    24  consumption outside this state.

    25    § 3. Subdivisions 6 and 9 of  section  27-1003  of  the  environmental
    26  conservation  law,  as  added  by  chapter  200 of the laws of 1982, are
    27  amended and four new subdivisions 2-a, 5-a, 12 and 13 are added to  read
    28  as follows:
    29    2-a. "Bottler" means a person, firm or corporation who:
    30    a.  bottles, cans or otherwise packages beverages in beverage contain-
    31  ers except that if such packaging is for a distributor having the  right
    32  to  bottle,  can  or  otherwise package the same brand of beverage, then
    33  such distributor shall be the bottler; or
    34    b. imports filled beverage containers into the United States.
    35    5-a. A "deposit initiator" for each beverage  container  for  which  a
    36  refund value is established under section 27-1005 of this title means:

    37    a. the bottler of the beverage in such container;
    38    b. the distributor of such container if such distributor's purchase of
    39  such container was not, directly or indirectly, from a registered depos-
    40  it initiator;
    41    c.  a  dealer  of  such  container  who  sells or offers for sale such
    42  container in this state, whose  purchase  of  such  container  was  not,
    43  directly or indirectly, from a registered deposit initiator; or
    44    d. an agent acting on behalf of a registered deposit initiator.
    45    6.    "Distributor"  means  any  person,  firm  or  corporation  which
    46  [bottles, cans or otherwise fills or packages  beverage  containers,  or
    47  which]  engages  in  the  sale  or offer for sale of [such] beverages in

    48  beverage containers to a dealer.
    49    9. "Redemption center" means any [establishment offering  to  pay  the
    50  refund  value of a beverage container] person offering to pay the refund
    51  value of an empty beverage container to a redeemer, or  any  person  who
    52  contracts  with one or more dealers or distributors to collect, sort and
    53  obtain the refund value and handling fee of  empty  beverage  containers
    54  for, or on behalf of, such dealer or distributor under the provisions of
    55  section 27-1013 of this title.

        S. 59--B                           67                          A. 159--B
 
     1    12.  "Reverse  vending  machine" means an automated device that uses a
     2  laser scanner, microprocessor, or other technology to accurately  recog-

     3  nize  the universal product code (UPC) on containers to determine if the
     4  container is redeemable and accumulates information regarding containers
     5  redeemed,  including  the  number  of  such containers redeemed, thereby
     6  enabling the reverse vending machine to accept containers from redeemers
     7  and to issue a scrip or receipt for their refund value.
     8    13. "Universal product code" or "UPC code" means a standard for encod-
     9  ing a set of lines and spaces that can be scanned and  interpreted  into
    10  numbers  to identify a product. Universal product code may also mean any
    11  accepted industry barcode which replaces the UPC code including EAN  and
    12  other codes that may be used to identify a product.
    13    §  4.  Sections  27-1005 and 27-1007 of the environmental conservation

    14  law are REPEALED and two new sections 27-1005 and 27-1007 are  added  to
    15  read as follows:
    16  § 27-1005. Refund value.
    17    No  person  shall  sell or offer for sale a beverage container in this
    18  state unless the deposit on such  beverage  container  is  or  has  been
    19  collected  by  a  registered deposit initiator and unless such container
    20  has a refund value of not less than five cents which  is  clearly  indi-
    21  cated thereon as provided in section 27-1011 of this title.
    22  § 27-1007. Mandatory acceptance.
    23    Except as provided in section 27-1009 of this title:
    24    1.  (a)  A  dealer shall accept at his or her place of business from a
    25  redeemer any empty beverage  containers  of  the  design,  shape,  size,

    26  color, composition and brand sold or offered for sale by the dealer, and
    27  shall  pay  to  the  redeemer  the  refund  value  of each such beverage
    28  container as established in section 27-1005 of this  title.  Redemptions
    29  of  refund  value  must be in legal tender, or a scrip or receipt from a
    30  reverse vending machine, provided that  the  scrip  or  receipt  can  be
    31  exchanged  for  legal  tender  for  a period of not less than sixty days
    32  without requiring the purchase of other goods.  The use or presence of a
    33  reverse vending machine shall not relieve a dealer  of  any  obligations
    34  imposed  pursuant to this section.  If a dealer utilizes a reverse vend-
    35  ing machine to redeem containers, the dealer shall provide redemption of

    36  beverage containers when the reverse vending machine  is  full,  broken,
    37  under  repair  or  does  not accept a type of beverage container sold or
    38  offered for sale by such dealer and may not limit the hours or  days  of
    39  redemption except as provided by subdivision three of this section.
    40    (b)  Beginning  March first, two thousand ten, a dealer whose place of
    41  business is part of a chain engaged in the same general field  of  busi-
    42  ness  which operates ten or more units in this state under common owner-
    43  ship and whose business exceeds: (i) forty thousand square feet  but  is
    44  less than sixty thousand square feet shall install and maintain at least
    45  three  reverse  vending machines at the dealer's place of business; (ii)

    46  sixty thousand square feet but is less than eighty-five thousand  square
    47  feet  shall  install and maintain at least four reverse vending machines
    48  at the dealer's place of business; or (iii) eighty-five thousand  square
    49  feet  shall install and maintain at least eight reverse vending machines
    50  at the dealer's place of business; provided, however, that the  require-
    51  ments of this paragraph to install and maintain reverse vending machines
    52  shall  not  apply  to  a  dealer  that  sells only refrigerated beverage
    53  containers of twenty ounces or less where  each  beverage  container  is
    54  sold  as  an  individual  container that is not connected to or packaged
    55  with any other beverage container.


        S. 59--B                           68                          A. 159--B
 
     1    (c) A dealer to which paragraph (b) of this subdivision does not apply
     2  and whose place of business is at least forty thousand square feet which
     3  does not utilize reverse vending  machines  to  process  empty  beverage
     4  containers  for redemption shall: (i) establish and maintain a dedicated
     5  area  within such business to accept beverage containers for redemption;
     6  (ii) adequately staff such area to facilitate efficient  acceptance  and
     7  processing  of such containers during business hours; and (iii) post one
     8  or more conspicuous signs conforming to the size and color  requirements
     9  described  in subdivision two of this section at each public entrance to

    10  the business which describes where in the business the  redemption  area
    11  is  located.  The  commissioner  may  establish in rules and regulations
    12  additional standards for the efficient processing of beverage containers
    13  by such dealers.
    14    (d) For the purposes of this subdivision on any day that a  dealer  is
    15  open  for less than twenty-four hours, the dealer may restrict or refuse
    16  the payment of refund values during the first and last hour  the  dealer
    17  is open for business.
    18    2.  A dealer shall post a conspicuous sign, at the point of sale, that
    19  states:
    20                       "NEW YORK BOTTLE BILL OF RIGHTS
 
    21          STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE

    22    CONTAINERS OF THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 
    23  YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK  STATE  RETURNABLE  CONTAINER
    24  ACT:
    25    THE  RIGHT  to  return your empties for refund to any dealer who sells
    26  the same brand, type and size, whether you bought the beverage from  the
    27  dealer  or  not.  It is illegal to return containers for refund that you
    28  did not pay a deposit on in New York state.
    29    THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
    30  purchase.
    31    THE  RIGHT  to  return  your empties any day, any hour, except for the
    32  first and last hour of the dealer's business day (empty  containers  may
    33  be redeemed at any time in 24-hour stores).

    34    THE  RIGHT  to  return  your  containers if they are empty and intact.
    35  Washing containers is not required by law, but is  strongly  recommended
    36  to maintain sanitary conditions.
    37    The New York state returnable container act can be enforced by the New
    38  York  state department of environmental conservation, the New York state
    39  department of agriculture and markets, the New York state department  of
    40  taxation and finance, the New York state attorney general and/or by your
    41  local government."
    42    Such  sign must be no less than eight inches by ten inches in size and
    43  have lettering a minimum of one quarter inch high, and of a color  which
    44  contrasts  with  the  background.   The department shall maintain a toll

    45  free telephone number for a "bottle bill complaint line" that  shall  be
    46  available  from  9:00  a.m.  to  5:00  p.m. each business day to receive
    47  reports of violations of this title. The telephone number shall be list-
    48  ed on any sign required by this section.
    49    3. On or after June first, two thousand nine, a dealer may  limit  the
    50  number of empty beverage containers to be accepted for redemption at the
    51  dealer's  place  of  business to no less than seventy-two containers per
    52  visit, per redeemer, per day, provided that:
    53    (a) The dealer has a written agreement with a redemption center, be it
    54  either at a fixed physical location within the same  county  and  within


        S. 59--B                           69                          A. 159--B
 
     1  one-half  mile of the dealer's place of business, or a mobile redemption
     2  center, operated by a redemption center, that  is  located  within  one-
     3  quarter  mile  of the dealer's place of business.  The redemption center
     4  must  have  a  written agreement with the dealer to accept containers on
     5  behalf of the dealer; and the redemption  center's  hours  of  operation
     6  must  cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of
     7  a mobile redemption center, the hours of operation must cover  at  least
     8  four consecutive hours between 8:00 a.m. and 8:00 p.m. daily. The dealer
     9  must  post  a  conspicuous,  permanent  sign, meeting the size and color

    10  specifications set forth in subdivision two of  this  section,  open  to
    11  public  view,  identifying  the  location  and hours of operation of the
    12  affiliated redemption center or mobile redemption center; and
    13    (b) The dealer provides, at a minimum, a consecutive two  hour  period
    14  between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
    15  to two hundred forty containers, per redeemer,  per  day,  and  posts  a
    16  conspicuous,  permanent  sign, meeting the size and color specifications
    17  set forth in subdivision two of this section, open to public view, iden-
    18  tifying those hours. The dealer may not change the hours  of  redemption
    19  without first posting a thirty day notice; and

    20    (c) The dealer's primary business is the sale of food or beverages for
    21  consumption  off-premises,  and  the  dealer's place of business is less
    22  than ten thousand square feet in size.
    23    4. A deposit initiator shall accept from a dealer  or  operator  of  a
    24  redemption  center  any  empty  beverage container of the design, shape,
    25  size, color, composition and brand sold  or  offered  for  sale  by  the
    26  deposit  initiator, and shall pay the dealer or operator of a redemption
    27  center the refund value of each such beverage container  as  established
    28  by  section 27-1005 of this title.  A deposit initiator shall accept and
    29  redeem all such empty beverage containers from a  dealer  or  redemption
    30  center without limitation on quantity.

    31    5.  A  deposit  initiator's  or distributor's failure to pick up empty
    32  beverage containers, including containers processed in a reverse vending
    33  machine, from a redemption center, dealer or the operator of  a  reverse
    34  vending machine, shall be a violation of this title.
    35    6.  In  addition to the refund value of a beverage container as estab-
    36  lished by section 27-1005 of this title, a deposit initiator  shall  pay
    37  to any dealer or operator of a redemption center a handling fee of three
    38  and  one-half  cents for each beverage container accepted by the deposit
    39  initiator from such dealer or operator of a redemption center.   Payment
    40  of the handling fee shall be as compensation for collecting, sorting and

    41  packaging of empty beverage containers for transport back to the deposit
    42  initiator or its designee. Payment of the handling fee may not be condi-
    43  tioned on the purchase of any goods or services, nor may such payment be
    44  made  out  of  the  refund value account established pursuant to section
    45  27-1012 of this title. A distributor who does not initiate deposits on a
    46  type of beverage container is considered a dealer only for  the  purpose
    47  of receiving a handling fee from a deposit initiator.
    48    7.  A deposit initiator on a brand shall accept from a distributor who
    49  does not initiate deposits on that brand any empty  beverage  containers
    50  of that brand accepted by the distributor from a dealer or operator of a

    51  redemption  center  and shall reimburse the distributor the refund value
    52  of each such beverage container, as established by  section  27-1005  of
    53  this  title.  In  addition,  the  deposit initiator shall reimburse such
    54  distributor for each such beverage container  the  handling  fee  estab-
    55  lished  under  subdivision  six  of this section.   Without limiting the
    56  rights of the department or any person, firm or corporation  under  this

        S. 59--B                           70                          A. 159--B
 
     1  subdivision  or any other provision of this section, a distributor shall
     2  have a civil right of action to  enforce  this  subdivision,  including,
     3  upon three days notice, the right to apply for temporary and preliminary

     4  injunctive  relief against continuing violations, and until arrangements
     5  for collection and return of empty containers or reimbursement  of  such
     6  distributor for such deposits and handling fees are made.
     7    8.    It  shall  be  the  responsibility  of  the deposit initiator or
     8  distributor to provide to a dealer or  redemption  center  a  sufficient
     9  number  of  bags, cartons, or other suitable containers, at no cost, for
    10  the packaging, handling and pickup of empty beverage containers that are
    11  not redeemed through a reverse vending machine.  The bags,  cartons,  or
    12  containers must be provided by the deposit initiator or distributor on a
    13  schedule  that allows the dealer or redemption center sufficient time to

    14  sort the empty beverage containers prior  to  pick  up  by  the  deposit
    15  initiator or distributor. In addition:
    16    (a)  When picking up empty beverage containers, a deposit initiator or
    17  distributor shall not require a dealer  or  redemption  center  to  load
    18  their  own  bags,  cartons or containers onto or into the deposit initi-
    19  ator's or distributor's vehicle or vehicles  or  provide  the  staff  or
    20  equipment needed to do so.
    21    (b)  A  deposit  initiator  or  distributor  shall  not  require empty
    22  containers to be counted at a location other than the redemption  center
    23  or  dealer's  place  of  business. The dealer or redemption center shall
    24  have the right to be present at the count.

    25    (c) A deposit initiator or distributor shall pick  up  empty  beverage
    26  containers  from the dealer or redemption center at reasonable times and
    27  intervals as determined in  rules  or  regulations  promulgated  by  the
    28  department.
    29    9.  No  person shall return or assist another to return to a dealer or
    30  redemption center an empty beverage container for its  refund  value  if
    31  such  container had previously been accepted for redemption by a dealer,
    32  redemption center, or deposit initiator who initiates deposits on bever-
    33  age containers of the same brand.
    34    10. A redeemer, dealer, distributor or  redemption  center  shall  not
    35  knowingly  redeem  an  empty  beverage  container on which a deposit was
    36  never paid in New York state.

    37    11. Notwithstanding the  provisions  of  subdivision  two  of  section
    38  27-1009  of  this title, a deposit initiator or distributor shall accept
    39  and redeem beverage containers as provided in this title, if the  dealer
    40  or  operator  of  a  redemption  center shall have accepted and paid the
    41  refund value of such beverage containers.
    42    § 5. Section 27-1009 of the environmental conservation law,  as  added
    43  by chapter 200 of the laws of 1982, is amended to read as follows:
    44  § 27-1009. Refusal of acceptance.
    45    1.  A  dealer  or operator of a redemption center may refuse to accept
    46  from a redeemer, and a [distributor] deposit  initiator  or  distributor
    47  may  refuse  to  accept from a dealer or operator of a redemption center

    48  any empty beverage container which does not state thereon a refund value
    49  as established by section 27-1005 and provided  by  section  27-1011  of
    50  this title.
    51    2.  A  dealer  or  operator  of a redemption center may also refuse to
    52  accept any broken bottle, corroded or dismembered can, or  any  beverage
    53  container  which  contains  a significant amount of foreign material, as
    54  determined in rules and regulations to be promulgated by the commission-
    55  er. [Notwithstanding the provisions of this subdivision,  a  distributor
    56  shall  accept  beverage  containers  as  provided  in subdivision two of

        S. 59--B                           71                          A. 159--B

     1  section 27-1007 of this title, if the dealer  shall  have  accepted  and
     2  paid the refund value of such beverage containers.]

     3    §  6.  Subdivision 2 of section 27-1011 of the environmental conserva-
     4  tion law is REPEALED.
     5    § 7. Subdivisions 3 and 4 of  section  27-1011  of  the  environmental
     6  conservation law, subdivision 3 as amended by chapter 834 of the laws of
     7  1984  and  subdivision  4 as amended by chapter 149 of the laws of 1983,
     8  are amended to read as follows:
     9    [3.] 2. No deposit initiator, distributor  or  dealer  shall  sell  or
    10  offer for sale, at wholesale or retail in this state, any metal beverage
    11  container designed and constructed with a part of the container which is
    12  detachable  in  opening  the  container unless such detachable part will
    13  decompose by photodegradation or biodegradation.
    14    [4.] 3. No deposit initiator, distributor  or  dealer  shall  sell  or

    15  offer for sale in this state beverage containers connected to each other
    16  by  a  separate  holding  device  constructed  of plastic which does not
    17  decompose by photodegradation or biodegradation.
    18    § 8. The environmental conservation law is amended  by  adding  a  new
    19  section 27-1012 to read as follows:
    20  §  27-1012. Deposit  and  disposition  of  refund  values; registration;
    21             reports.
    22    1. Each deposit initiator shall deposit in a refund value  account  an
    23  amount equal to the refund value initiated under section 27-1005 of this
    24  title  which is received with respect to each beverage container sold by
    25  such deposit initiator.  Such deposit initiator shall hold  the  amounts
    26  in  the  refund  value  account  in  trust for the state. A refund value

    27  account shall be an interest-bearing account established  in  a  banking
    28  institution  located in this state, the deposits in which are insured by
    29  an agency of the federal government. Deposits of such amounts  into  the
    30  refund  value  account shall be made not less frequently than every five
    31  business days. All interest, dividends and returns earned on the  refund
    32  value  account  shall  be paid directly into said account. The monies in
    33  such accounts shall be kept separate and apart from all other monies  in
    34  the  possession  of  the deposit initiator. The commissioner of taxation
    35  and finance may specify a system of accounts and  records  to  be  main-
    36  tained with respect to accounts established under this subdivision.

    37    2. Payments of refund values pursuant to section 27-1007 of this title
    38  shall  be  paid  from  each deposit initiator's refund value account. No
    39  other payment or withdrawal from such account  may  be  made  except  as
    40  prescribed by this section.
    41    3.  Each  deposit  initiator  shall  file  quarterly  reports with the
    42  commissioner of taxation and  finance  on  a  form  and  in  the  manner
    43  prescribed  by  such  commissioner.  The  commissioner  of  taxation and
    44  finance may require such reports to be filed electronically.  The  quar-
    45  terly  reports required by this subdivision shall be filed for the quar-
    46  terly periods ending on the last day of May, August, November and Febru-
    47  ary of each year, and each such report shall be filed within twenty days

    48  after the end of the quarterly period covered thereby. Each such  report
    49  shall  include  all information such commissioner shall determine appro-
    50  priate including but not limited to the following information:
    51    a. the balance in the refund value account at  the  beginning  of  the
    52  quarter for which the report is prepared;
    53    b.  all  such  deposits  credited  to the refund value account and all
    54  interest, dividends or returns received on  such  account,  during  such
    55  quarter;

        S. 59--B                           72                          A. 159--B
 
     1    c.  all withdrawals from the refund value account during such quarter,
     2  including all reimbursements paid pursuant to subdivision  two  of  this

     3  section,  all  service  charges  on  the  account, and all payments made
     4  pursuant to subdivision four of this section; and
     5    d.  the balance in the refund value account at the close of such quar-
     6  ter.
     7    4. a. Quarterly payments.  An amount equal to eighty  percent  of  the
     8  balance  outstanding  in  the  refund value account at the close of each
     9  quarter shall be paid to the commissioner of taxation and finance at the
    10  time the report provided for in subdivision three  of  this  section  is
    11  required  to  be  filed.    The commissioner of taxation and finance may
    12  require that the payments be made electronically.  The remaining  twenty
    13  percent of the balance outstanding at the close of each quarter shall be

    14  the  monies  of  the  deposit  initiator  and may be withdrawn from such
    15  account by the deposit initiator.   If the provisions  of  this  section
    16  with  respect  to  such  account have not been fully complied with, each
    17  deposit initiator shall pay to such commissioner at such time,  in  lieu
    18  of  the  amount  described in the preceding sentence, an amount equal to
    19  the balance which would have been outstanding  on  such  date  had  such
    20  provisions  been  fully complied with.  The commissioner of taxation and
    21  finance may require that the payments be made electronically.
    22    b. Refund value account shortfall.  In the event a  deposit  initiator
    23  pays  out  more  in refund values than it collects in deposits of refund

    24  values during the course of a quarterly period as described in  subdivi-
    25  sion  three  of  this  section,  the  deposit initiator may apply to the
    26  commissioner of taxation and finance for a refund of the amount of  such
    27  excess payment of refund values from sources other than the refund value
    28  account,  in  the manner as provided by the commissioner of taxation and
    29  finance.  A deposit initiator must apply for  a  refund  no  later  than
    30  twelve months after the due date for filing the quarterly report for the
    31  quarterly  period  for which the refund claim is made. No interest shall
    32  be payable for any refund paid pursuant to this paragraph.
    33    c. Final report. A deposit initiator who ceases to do business in this

    34  state as a deposit initiator shall file a final report and remit payment
    35  of eighty percent of all amounts remaining in the refund  value  account
    36  as  of  the  close  of the deposit initiator's last day of business. The
    37  commissioner of taxation and finance may require that  the  payments  be
    38  made  electronically. The deposit initiator shall indicate on the report
    39  that it is a "final report". The final report is due to  be  filed  with
    40  payment twenty days after the close of the quarterly period in which the
    41  deposit initiator ceases to do business. In the event the deposit initi-
    42  ator pays out more in refund values than it collects in such final quar-
    43  terly  period,  the  deposit  initiator may apply to the commissioner of

    44  taxation and finance for a refund of the amount of such  excess  payment
    45  of  refund  values  from sources other than the refund value account, in
    46  the manner as provided by the commissioner of taxation and finance.
    47    5. All monies collected or received by the department of taxation  and
    48  finance  pursuant  to this title shall be deposited to the credit of the
    49  comptroller with such responsible banks, banking houses or trust  compa-
    50  nies  as  may  be  designated by the comptroller. Such deposits shall be
    51  kept separate and apart from all other moneys in the possession  of  the
    52  comptroller.  The  comptroller  shall require adequate security from all
    53  such depositories. Of the total revenue collected, the comptroller shall

    54  retain the amount determined by the commissioner of taxation and finance
    55  to be necessary for refunds out of which the comptroller  must  pay  any
    56  refunds  to  which a deposit initiator may be entitled.  After reserving

        S. 59--B                           73                          A. 159--B
 
     1  the amount to pay refunds, the comptroller must, by  the  tenth  day  of
     2  each  month,  pay  into  the state treasury to the credit of the general
     3  fund the revenue deposited under this subdivision during  the  preceding
     4  calendar month and remaining to the comptroller's credit on the last day
     5  of that preceding month.
     6    6. The commissioner and the commissioner of taxation and finance shall

     7  promulgate, and shall consult each other in promulgating, such rules and
     8  regulations  as  may  be  necessary  to  effectuate the purposes of this
     9  title. The commissioner and the commissioner  of  taxation  and  finance
    10  shall  provide all necessary aid and assistance to each other, including
    11  the sharing of any information that is  necessary  to  their  respective
    12  administration   and   enforcement   responsibilities  pursuant  to  the
    13  provisions of this title.
    14    7. a. Any person who is a deposit initiator under  this  title  before
    15  April  first,  two thousand nine, must apply by June first, two thousand
    16  nine to the commissioner of taxation and finance for registration  as  a
    17  deposit  initiator.    Any  person who becomes a deposit initiator on or

    18  after April first, two thousand nine shall apply for registration  prior
    19  to collecting any deposits as such a deposit initiator. Such application
    20  shall  be  in  a  form  prescribed  by  the commissioner of taxation and
    21  finance and shall require such information deemed to  be  necessary  for
    22  proper  administration  of this title.  The commissioner of taxation and
    23  finance may require that applications for registration must be submitted
    24  electronically.  The commissioner of taxation and  finance  shall  elec-
    25  tronically  issue a deposit initiator registration certificate in a form
    26  prescribed by the commissioner of taxation and  finance  within  fifteen
    27  days  of  receipt of such application or may take an additional ten days

    28  if the commissioner of  taxation  and  finance  deems  it  necessary  to
    29  consult  with  the commissioner before issuing such registration certif-
    30  icate. A registration certificate issued pursuant  to  this  subdivision
    31  may  be  issued  for  a  specified term of not less than three years and
    32  shall be subject to renewal in accordance with procedures  specified  by
    33  the  commissioner  of taxation and finance. The commissioner of taxation
    34  and finance shall furnish to the commissioner a complete list of  regis-
    35  tered  deposit  initiators  and  shall  continually  update such list as
    36  warranted. The commissioner shall share any information with the commis-
    37  sioner of taxation and finance that is necessary for the  administration
    38  of this subdivision.

    39    b.  The  commissioner of taxation and finance shall have the authority
    40  to revoke or refuse to renew any registration issued  pursuant  to  this
    41  subdivision  when  he  or she has determined or has been informed by the
    42  commissioner that any of the provisions of this title or rules and regu-
    43  lations promulgated thereunder have been violated. Such violations shall
    44  include, but not be limited to, the failure to file  quarterly  reports,
    45  the failure to make payments pursuant to this subdivision, the providing
    46  of  false or fraudulent information to either the department of taxation
    47  and finance or the department, or knowingly aiding or  abetting  another
    48  person  in  violating  any  of the provisions of this title. A notice of

    49  proposed revocation or non-renewal shall be given to the deposit  initi-
    50  ator  in the manner prescribed for a notice of deficiency of tax and all
    51  the provisions applicable to a notice of deficiency under article  twen-
    52  ty-seven  of the tax law shall apply to a notice issued pursuant to this
    53  paragraph, insofar as such provisions can be made applicable to a notice
    54  authorized by this paragraph, with such modifications as may  be  neces-
    55  sary  in  order  to  adapt the language of such provisions to the notice
    56  authorized by this paragraph. All such notices issued by the commission-

        S. 59--B                           74                          A. 159--B
 
     1  er of taxation and finance pursuant to this paragraph  shall  contain  a

     2  statement  advising the deposit initiator that the revocation or non-re-
     3  newal of registration may be challenged through a  hearing  process  and
     4  the petition for such a challenge must be filed with the commissioner of
     5  taxation  and  finance within ninety days after such notice is issued. A
     6  deposit initiator whose registration has been so revoked or not  renewed
     7  shall  cease  to do business as a deposit initiator in this state, until
     8  this title has been complied  with  and  a  new  registration  has  been
     9  issued. Any deposit initiator whose registration has been so revoked may
    10  not  apply  for registration for two years from the date such revocation
    11  takes effect.
    12    8. The commissioner of taxation and finance may  require  the  mainte-

    13  nance  of  such  accounts,  records or documents relating to the sale of
    14  beverage containers, by any  deposit  initiator,  bottler,  distributor,
    15  dealer  or  redemption  center as such commissioner may deem appropriate
    16  for the administration of this section. Such commissioner may make exam-
    17  inations, including the conduct of facility inspections  during  regular
    18  business  hours,  with  respect  to  the  accounts, records or documents
    19  required to be  maintained  under  this  subdivision.    Such  accounts,
    20  records  and  documents  shall be preserved for a period of three years,
    21  except that such commissioner may consent to  their  destruction  within
    22  that  period  or  may  require that they be kept longer.  Such accounts,

    23  records and documents may be kept within the meaning of this subdivision
    24  when reproduced by any photographic, photostatic, microfilm, micro-card,
    25  miniature photographic or other process which  actually  reproduces  the
    26  original accounts, records or documents.
    27    9.  a.  Any  person  required to be registered under this section who,
    28  without being so registered, sells or offers for sale beverage  contain-
    29  ers  in  this  state,  in  addition to any other penalty imposed by this
    30  title, shall be subject to a penalty to be assessed by the  commissioner
    31  of  taxation and finance in an amount not to exceed five hundred dollars
    32  for the first day on which such sales or offers for sale are made,  plus

    33  an  amount not to exceed five hundred dollars for each subsequent day on
    34  which such sales or offers for sale are made, not to exceed  twenty-five
    35  thousand dollars in the aggregate.
    36    b.  Any  deposit  initiator  who fails to maintain accounts or records
    37  pursuant to this section, unless it is shown that such failure  was  due
    38  to  reasonable  cause  and  not due to negligence or willful neglect, in
    39  addition to any other penalty imposed by this title, shall be subject to
    40  a penalty to be assessed by the commissioner of taxation and finance  of
    41  not  more  than  one thousand dollars for each quarter during which such
    42  failure occurred, and an additional penalty of not more than  one  thou-
    43  sand dollars for each quarter such failure continues.

    44    10.  The provisions of article twenty-seven of the tax law shall apply
    45  to the provisions of this title for which the commissioner  of  taxation
    46  and  finance  is  responsible,  including  collection  of  refund  value
    47  amounts, in the same manner and with the same force and effect as if the
    48  language of such article had been incorporated in full into this section
    49  except to the extent that any provision of such article is either incon-
    50  sistent with a provision of this section or  is  not  relevant  to  this
    51  section  as  determined  by  the  commissioner  of taxation and finance.
    52  Furthermore, for purposes of applying the provisions of article  twenty-
    53  seven  of  the tax law, where the terms "tax" and "taxes" appear in such

    54  article, such terms  shall  be  construed  to  mean  "refund  value"  or
    55  "balance in the refund value account".

        S. 59--B                           75                          A. 159--B
 
     1    11.  If  any  deposit  initiator  fails or refuses to file a report or
     2  furnish any information requested in writing by the department of  taxa-
     3  tion  and  finance  or  the  department,  the department of taxation and
     4  finance with the assistance of the department may, from any  information
     5  in  its  possession, make an estimate of the deficiency and collect such
     6  deficiency from such deposit initiator.
     7    12. Beginning on June first, two thousand nine each deposit  initiator

     8  shall  register  the container label of any beverage offered for sale in
     9  the state on which it initiates a deposit. Any such registered container
    10  label shall bear a universal product code.  Such universal product  code
    11  shall  be  New  York  state  specific, in order to identify the beverage
    12  container as offered for sale exclusively in New York state,  and  as  a
    13  means  of preventing illegal redemption of beverage containers purchased
    14  out-of-state.   Registration must be  on  forms  as  prescribed  by  the
    15  department and must include the universal product code for each combina-
    16  tion  of  beverage  and  container  manufactured.  The  commissioner may
    17  require that such forms be filed electronically.  The deposit  initiator

    18  shall  renew  a  label  registration  whenever  that label is revised by
    19  altering the universal product code or whenever the container  on  which
    20  it appears is changed in size, composition or glass color.
    21    § 9. Section 27-1013 of the environmental conservation law, as amended
    22  by chapter 149 of the laws of 1983, is amended to read as follows:
    23  § 27-1013. Redemption centers.
    24    The  commissioner  is  hereby  empowered to promulgate rules and regu-
    25  lations governing (1) the circumstances in which dealers  and  distribu-
    26  tors, individually or collectively, are required to accept the return of
    27  empty beverage containers, and make payment therefor; (2) the sorting of
    28  the  containers  which a deposit initiator or distributor may require of

    29  dealers and redemption centers; (3) the [pick up] collection of returned
    30  beverage containers by deposit initiators or distributors, including the
    31  party to whom such expense is to be charged, the frequency of such  pick
    32  ups and the payment for refunds and handling fees thereon; (4) the right
    33  of  dealers  to restrict or limit the number of containers redeemed, the
    34  rules for redemption at the dealers' place of business, and the  redemp-
    35  tion  of containers from a beverage for which sales have been discontin-
    36  ued, and to issue permits to persons, firms or corporations which estab-
    37  lish redemption centers, subject to applicable provisions of  local  and
    38  state  laws,  at  which  redeemers and dealers may return empty beverage
    39  containers and receive payment of the  refund  value  of  such  beverage

    40  containers.  No  dealer or distributor, as defined in section 27-1003 of
    41  this title, shall be required to obtain a permit to operate a redemption
    42  center at the same location as the dealer's or  distributor's  place  of
    43  business.  Operators of such redemption centers shall receive payment of
    44  the refund  value  of  each  beverage  container  from  the  appropriate
    45  [manufacturer]  deposit  initiator  or  distributor  as  provided  under
    46  [sections] section 27-1007 [and 27-1009] of this title.
    47    § 10. Section 27-1014 of the environmental conservation law, as  added
    48  by chapter 149 of the laws of 1983, is amended to read as follows:
    49  §  27-1014.  [Limitation  on]  Authority  to  promulgate rules and regu-
    50                  lations.

    51    In addition to the  authority  of  the  commissioner,  under  sections
    52  27-1009 and 27-1013 of this title, the commissioner shall [only have the
    53  power  to  promulgate  rules and regulations governing the initiation of
    54  deposits, sale of beverages in containers through vending  machines  and
    55  for  on-premises  consumption,  record keeping, refunding for refillable
    56  beverage containers, embossing, imprinting or labeling of refund  values

        S. 59--B                           76                          A. 159--B

     1  and  enforcement  of the provisions of this section and sections 27-1009
     2  and 27-1013 of this title] have the power to promulgate rules and  regu-

     3  lations necessary and appropriate [to] for the [implementation] adminis-
     4  tration of this title.
     5    §  11. Section 27-1015 of the environmental conservation law, as added
     6  by chapter 200 of the laws of 1982,  subdivision  1  as  designated  and
     7  subdivision 2 as added by chapter 149 of the laws of 1983, is amended to
     8  read as follows:
     9  § 27-1015. Violations.
    10    1.  A  violation  of  this title, except as otherwise provided in this
    11  section and section 27-1012 of this title, shall be a  public  nuisance.
    12  In  addition,  except  as otherwise provided in this section and section
    13  27-1012 of this title, any person who shall  violate  any  provision  of
    14  this  title shall be liable to the state of New York for a civil penalty

    15  of not more than five hundred dollars, and an additional  civil  penalty
    16  of  not  more  than  five hundred dollars for each day during which each
    17  such violation continues. Any civil penalty may be assessed following  a
    18  hearing or opportunity to be heard.
    19    2.  Any distributor or deposit initiator who violates any provision of
    20  this title, except as provided in section 27-1012 of this  title,  shall
    21  be  liable to the state of New York for a civil penalty of not more than
    22  one thousand dollars, and an additional civil penalty of not  more  than
    23  one  thousand  dollars  for  each  day  during which each such violation
    24  continues. Any civil penalty may be  assessed  following  a  hearing  or
    25  opportunity to be heard.

    26    3. It shall be unlawful for a distributor or deposit initiator, acting
    27  alone  or  aided  by  another, to return any empty beverage [containers]
    28  container to a dealer or redemption center for [their] its refund  value
    29  if  the  distributor  or  deposit initiator had previously accepted such
    30  beverage [containers] container from any dealer or operator of a redemp-
    31  tion center. A violation of this  subdivision  shall  be  a  misdemeanor
    32  punishable by a fine of not less than five hundred dollars nor more than
    33  one  thousand  dollars  and  an  amount equal to two times the amount of
    34  money received as a result of such violation.
    35    4. Any person who willfully tenders to a dealer, distributor,  redemp-

    36  tion  center  or  deposit initiator more than forty-eight empty beverage
    37  containers for which such person knows or should reasonably know that no
    38  deposit was paid in New York state may be assessed by the  department  a
    39  civil  penalty  of up to one hundred dollars for each container or up to
    40  twenty-five thousand dollars for each such tender of containers. At each
    41  location where a person tenders containers for redemption,  dealers  and
    42  redemption centers must conspicuously display a sign in letters that are
    43  at  least  one  inch in height with the following information: "WARNING:
    44  Persons tendering for redemption containers on which a deposit was never
    45  paid in this state may be subject to  a  civil  penalty  of  up  to  one

    46  hundred  dollars per container or up to twenty-five thousand dollars for
    47  each such tender of containers."   Any civil  penalty  may  be  assessed
    48  following a hearing or opportunity to be heard.
    49    5.  The  department,  the  department  of agriculture and markets, the
    50  department of taxation and finance and the attorney general  are  hereby
    51  authorized  to  enforce  the provisions of this title.  In addition, the
    52  provisions of section 27-1005 of this title and subdivisions  one,  two,
    53  three,  four,  five, ten and eleven of section 27-1007 of this title may
    54  be enforced by a county, city, town or village and the local legislative
    55  body thereof may adopt local laws, ordinances or regulations  consistent

    56  with this title providing for the enforcement of such provisions.

        S. 59--B                           77                          A. 159--B
 
     1    §  12.  The  environmental conservation law is amended by adding a new
     2  section 27-1016 to read as follows:
     3  § 27-1016. Public education.
     4    The commissioner shall establish a public education program to dissem-
     5  inate information regarding implementation of this title.  Such informa-
     6  tion  shall  include, but not be limited to, publication of the New York
     7  Bottle Bill of Rights as specified in subdivision two of section 27-1007
     8  of this title; publication  of  information  specifying  the  procedures
     9  necessary  to  establish  a  redemption  center  as  provided in section

    10  27-1013 of this title, including information regarding financial assist-
    11  ance available for the establishment of redemption centers  as  provided
    12  in section 27-1018 of this title; publication of information delineating
    13  the relevant rights and responsibilities of deposit initiators, distrib-
    14  utors, dealers, redemption centers and redeemers under the provisions of
    15  this  title;  publication  of information regarding the requirement that
    16  deposit initiators register with the department of taxation and finance;
    17  and publication of information on the general benefits of recycling.
    18    § 13. The environmental conservation law is amended by  adding  a  new
    19  section 27-1018 to read as follows:
    20  § 27-1018. Beverage container assistance program.

    21    Notwithstanding any other provision of law to the contrary, within the
    22  limits  of  appropriations  therefor,  the commissioner shall make state
    23  assistance payments to  municipalities,  businesses  and  not-for-profit
    24  organizations  located  in  the  state  for  the cost of reverse vending
    25  machines located or to be located in the state.  Such  state  assistance
    26  payments  shall  not  exceed  fifty  percent  of the costs of equipment,
    27  and/or the acquisition and/or rehabilitation of real property or  struc-
    28  tures  located  or to be located in the state related to the collecting,
    29  sorting, and packaging of  empty  beverage  containers  subject  to  the
    30  provisions of this title. Such payments may include costs related to the

    31  establishment   of   redemption  centers,  including  mobile  redemption
    32  centers. For the purposes of this section, municipalities  and  not-for-
    33  profit  organizations  shall  have  the  meaning  as  defined in section
    34  54-0101 of this chapter and businesses shall mean a dealer,  distributor
    35  or  redemption  center  as  defined in this title that employs less than
    36  fifty employees.
    37    § 14. Paragraph h of subdivision 1 of  section  261  of  the  economic
    38  development  law,  as  amended  by  chapter  471 of the laws of 1998, is
    39  amended to read as follows:
    40    h. "Eligible project" shall mean actions taken by or on  behalf  of  a
    41  New  York  business involving the acquisition, construction, alteration,
    42  repair or improvement of a building, fixtures, machinery  or  equipment,

    43  provided that such project results in:
    44    (i)  source  reduction  or  material  substitution,  provided that the
    45  substitution of one hazardous substance, product  or  nonproduct  output
    46  for another does not result in the creation of a new risk,
    47    (ii) in-process recycling,
    48    (iii) recycling or reuse of non-hazardous solid wastes,
    49    (iv) increased energy efficiency,
    50    (v)  conservation  of  the  use  of  water  or other natural resources
    51  improvements in process economics,
    52    (vi) elimination of the purchase of materials, the production of which
    53  for the use of said firm would result in more waste or resource consump-
    54  tion, or
    55    (vii) other practices or technologies that reduce the use of hazardous
    56  materials or otherwise improve air or water quality.

        S. 59--B                           78                          A. 159--B
 

     1    The term "eligible project" shall also include actions taken by or  on
     2  behalf  of a business to support costs of equipment, and/or the acquisi-
     3  tion and/or rehabilitation of real property or structures located or  to
     4  be  located in the state related to the collecting, sorting, and packag-
     5  ing  of empty beverage containers as such terms are defined in title ten
     6  of article twenty-seven of  the  environmental  conservation  law.  Such
     7  actions shall be eligible for state assistance payments under the bever-
     8  age  container  assistance  program  pursuant  to section 27-1018 of the
     9  environmental conservation law.
    10    The term "eligible project" shall not include end  of  pipe  pollution
    11  control  technologies  or practices where such controls or practices are

    12  designed primarily to achieve compliance with the environmental  conser-
    13  vation law or regulations promulgated pursuant thereto, or energy recov-
    14  ery  or  incineration, or out-of-process recycling or reuse of hazardous
    15  waste or hazardous substances.
    16    § 15. Subdivisions 1 and 4 of section  54-0701  of  the  environmental
    17  conservation law, subdivision 1 as amended by chapter 146 of the laws of
    18  2000,  subdivision  4  as  added by chapter 610 of the laws of 1993, are
    19  amended to read as follows:
    20    1. "Cost" means the capital cost  of  a  municipal  recycling  project
    21  including  engineering  and  architectural  services, surveys, plans and
    22  specifications; consultant and legal services; lands  acquired  pursuant
    23  to  the conditions set forth in section 54-0709 of this title, and other
    24  direct capital expenses incident to such a  project,  less  any  federal

    25  assistance  or other assistance received or to be received. "Cost" shall
    26  also include the capital, planning and promotional costs associated with
    27  waste reduction projects, the costs related to household hazardous waste
    28  collection and disposal programs, and the  costs  related  to  planning,
    29  educational  and  promotional  activities  associated with a recyclables
    30  recovery program.  "Cost" shall also include beverage container  assist-
    31  ance  program  grants to municipalities and not-for-profit organizations
    32  pursuant to section 27-1018 of this chapter. Provided,  however,  "cost"
    33  shall  exclude  any cost incurred prior to April first, nineteen hundred
    34  ninety-three, and shall  further  exclude  costs  related  to  planning,
    35  educational  and  promotional  activities  associated with a recyclables

    36  recovery program incurred prior to April first, two thousand.
    37    4. "Recycling project" means recyclables  recovery  equipment,  source
    38  separation  equipment, a recyclables recovery program or any combination
    39  thereof required by a recyclables recovery program and the reimbursement
    40  to municipalities and not-for-profit corporations,  as  such  terms  are
    41  defined in section 54-0101 of this article, for the cost of a redemption
    42  center as defined in section 27-1003 of this chapter.
    43    § 16. This act shall take effect immediately, provided however, that:
    44    1. sections two and three of this act shall take effect April 1, 2009;
    45    2. sections four, five, six, seven, nine, and eleven of this act shall
    46  take effect June 1, 2009; and
    47    3. section eight of this act shall take effect on April 1, 2009 except

    48  that  the  requirements  to  make  deposits, file reports and make with-
    49  drawals and payments under section 27-1012 of the environmental  conser-
    50  vation  law,  as  added  by  section  eight of this act, with respect to
    51  containers defined as beverage containers prior to April 1, 2009,  shall
    52  first apply to the period beginning on April 15, 2009 and ending May 31,
    53  2009,  and  with  respect  to  all other beverage containers shall first
    54  apply to the period beginning on June 1,  2009  and  ending  August  31,
    55  2009,  provided that such other beverage containers will not be required
    56  to have a refund value as required under section 27-1005 of the environ-

        S. 59--B                           79                          A. 159--B
 
     1  mental conservation law, as added by section four of this act until June

     2  1, 2009.   However, no refunds shall be  paid  to  a  deposit  initiator
     3  pursuant to paragraph b of subdivision 4 of section 27-1012 of the envi-
     4  ronmental  conservation law, as added by section eight of this act prior
     5  to March 1, 2010.
 
     6                                   PART TT
 
     7    Section 1. Section 3.09 of the parks, recreation and historic  preser-
     8  vation  law  is  amended  by  adding  a  new subdivision 19-a to read as
     9  follows:
    10    19-a. Prior to offering for sale to the public any merchandise, goods,
    11  commodities or food service at parks,  recreation  facilities,  historic
    12  sites  or  other facilities under the jurisdiction of the office, make a
    13  written finding that the  private  sector  is  unable  or  unwilling  to
    14  provide  such  merchandise,  goods,  commodities  or  food service under

    15  agreement with the office and under such terms  and  conditions  as  the
    16  commissioner  determines are fair and reasonable to the state and neces-
    17  sary to serve the public interest. Any proceeds realized from  the  sale
    18  of  such merchandise, goods, commodities or food service shall be depos-
    19  ited in the patron services account of the miscellaneous special revenue
    20  fund and shall be used by the office to defray the cost of operating and
    21  maintaining such parks, recreation facilities and historic sites.
    22    § 2. This act shall take effect on the one hundred twentieth day after
    23  it shall have become a law.
 
    24                                   PART UU
 
    25    Section 1. The public authorities law  is  amended  by  adding  a  new
    26  section 2975-a to read as follows:

    27    §  2975-a. Recovery of state governmental costs from industrial devel-
    28  opment agencies. 1. Notwithstanding any other provision of  law  to  the
    29  contrary,  industrial development agencies or authorities created pursu-
    30  ant to title one of article eighteen-A of the general municipal  law  or
    31  any  other provision of law shall reimburse to New York state an alloca-
    32  ble share of state governmental costs attributable to the  provision  of
    33  services  to industrial development agencies, as determined herein.  The
    34  payment of such costs by industrial development agencies or  authorities
    35  is  a  valid  and proper purpose for which available agency or authority
    36  funds may be applied.
    37    2. On November first of each year, the director of  the  budget  shall

    38  determine the amount owed under this section by each industrial develop-
    39  ment  agency  or  authority.  The  aggregate  amount assessed under this
    40  section in any given state fiscal  year  may  not  exceed  five  million
    41  dollars.
    42    3.  The  state  treasurer  shall  impose and collect such assessments,
    43  which shall be paid no later than March thirty-first following the impo-
    44  sition of the assessments, and pay the same into the state  treasury  to
    45  the credit of the general fund.
    46    4.  On  or  before  June  first, two thousand nine, and annually on or
    47  before June first, the director  of  the  budget  shall  report  to  the
    48  respective  chairpersons  of  the  assembly ways and means committee and

    49  senate finance committee the amount of cost recovery  obtained  pursuant
    50  to  this  title  for the state fiscal year ending on the preceding March
    51  thirty-first.

        S. 59--B                           80                          A. 159--B
 
     1    § 2. This act shall take effect immediately and  shall  be  deemed  to
     2  have been in full force and effect on and after April 1, 2009.
 
     3                                   PART VV
 
     4    Section  1.  The tax law is amended by adding a new section 30 to read
     5  as follows:
     6    § 30. Bad check or failed electronic  funds  withdrawal  fee.  If,  in
     7  payment  of any amount due under a tax, fee, special assessment or other
     8  imposition administered by the commissioner, a person tenders a check or

     9  money order to the department, or the department, with the consent of  a
    10  person, originates an electronic funds withdrawal against the designated
    11  bank account, and the check, money order or electronic funds withdrawal,
    12  as applicable, is returned without payment, the person must pay a fee to
    13  the  commissioner  of fifty dollars; provided, however, that in the case
    14  of an electronic funds withdrawal, the fee  will  not  be  paid  if  the
    15  reason for return of the payment is attributable to error of the depart-
    16  ment  or  its originating depository financial institution. The fee must
    17  be paid upon notice and demand, and will be assessed, collected and paid
    18  in the same manner as the tax, fee, special assessment or other  imposi-

    19  tion to which the payment relates. All fees collected by the commission-
    20  er pursuant to this subdivision must be deposited monthly, to the credit
    21  of  the  general  fund  of  the  state. The commissioner will maintain a
    22  system of accounts showing the amount of money collected  from  the  fee
    23  imposed by this section.
    24    §  2.  The  tax  law  is amended by adding a new section 32 to read as
    25  follows:
    26    § 32. Registration of tax return preparers. (a) For purposes  of  this
    27  section, the following terms have the specified meanings:
    28    (1)  "Attorney" means an attorney admitted to practice law in New York
    29  state or one or more of the other states or jurisdictions of the  United
    30  States.

    31    (2)  "Certified public accountant" means an accountant licensed pursu-
    32  ant to section seventy-four hundred four of the education law or a simi-
    33  lar law of one or more of the  other  states  or  jurisdictions  of  the
    34  United States.
    35    (3) "Commercial tax return preparer" means a tax return preparer who:
    36    (A)  prepared  ten  or  more returns for compensation in the preceding
    37  calendar year and will prepare at  least  one  return  for  compensation
    38  during the current calendar year; or (B) prepared fewer than ten returns
    39  in  the preceding calendar year but will prepare ten or more returns for
    40  the current calendar year.
    41    (4) "Commercial tax return preparation business" means an entity  that

    42  employs  individuals  who prepare tax returns and that meets the thresh-
    43  olds described in paragraph three of this subdivision.
    44    (5) "Creditor" means any person who makes a refund  anticipation  loan
    45  or who takes an assignment of a refund anticipation loan.
    46    (6) "Facilitator" means a person who individually or in conjunction or
    47  cooperation  with  another  person: (a) solicits the execution of, proc-
    48  esses, receives, or accepts an application or  agreement  for  a  refund
    49  anticipation  loan  or refund anticipation check, (b) serves or collects
    50  upon a refund anticipation loan or refund anticipation check; or (c)  in
    51  any other manner facilitates the making of a refund anticipation loan or

    52  refund anticipation check. This term excludes any employees of a facili-
    53  tator  who provide only clerical or other comparable support services to
    54  such facilitator.

        S. 59--B                           81                          A. 159--B
 
     1    (7) "Electronic" means computer technology.
     2    (8)  "Enrolled  agent"  means an agent enrolled to practice before the
     3  internal revenue service pursuant to section 10.4 of subpart A  of  part
     4  ten of title thirty-one of the code of federal regulations.
     5    (9)  "Public  accountant"  means  an  accountant  licensed pursuant to
     6  section seventy-four hundred five of the education law or a similar  law
     7  of  one  or  more  of  the  other  states or jurisdictions of the United

     8  States.
     9    (10) "Refund anticipation check" means a check, stored value card,  or
    10  other  payment  mechanism  which:  (a)  represents the proceeds of a tax
    11  refund; (b) was issued by a depository institution or other person  that
    12  received  a  direct  deposit of the tax refund or tax credits; and (c) a
    13  fee or other consideration is paid for such payment mechanism.
    14    (11) "Refund anticipation loan" means a loan that  is  secured  by  or
    15  that  the creditor arranges to be repaid directly or indirectly from the
    16  proceeds of an income tax refund or tax credits. A  refund  anticipation
    17  loan  also includes any sale, assignment, or purchase of tax refund at a
    18  discount or for a fee, whether or not  the  amount  is  required  to  be

    19  repaid  to  the buyer or assignee if the internal revenue service or the
    20  department denies or reduces the amount of the tax refund.
    21    (12) "Return" means a return or report relating to a tax  administered
    22  by the commissioner.
    23    (13)  "Tax" means any tax, fee, special assessment or other imposition
    24  administered by the commissioner.
    25    (14) "Tax return preparer" means an individual who prepares a substan-
    26  tial portion of any return for compensation. Enrolled agents or  employ-
    27  ees  of  a  tax  return  preparer or a commercial tax return preparation
    28  business who prepare returns for clients of that preparer or preparation
    29  business, as applicable, and partners who prepare returns for clients of

    30  a partnership engaged in a commercial tax return  preparation  business,
    31  are  all  "tax  return preparers" for purposes of this section. Excluded
    32  from the definition of  "tax  return  preparer"  are  attorneys,  public
    33  accountants,  and  certified public accountants, who are registered with
    34  or licensed by the state, and  employees  preparing  returns  under  the
    35  supervision  of such attorneys, public accountants, and certified public
    36  accountants. Also excluded are volunteer tax preparers, employees  of  a
    37  business or partners in a partnership whose job responsibilities include
    38  preparation  of only the business' or partnership's returns, and employ-
    39  ees of a tax return preparer or  a  commercial  tax  return  preparation

    40  business who provides only clerical or other comparable services.
    41    (b)(1)  Each tax return preparer, who will prepare at least one return
    42  in a calendar year, and each facilitator, who will facilitate the making
    43  of a refund anticipation loan or refund anticipation check, must  regis-
    44  ter  electronically  with  the  department  for  that  calendar year, in
    45  accordance with instructions prescribed by the commissioner.
    46    (2)(A) Upon completion of the registration process,  each  tax  return
    47  preparer  and  facilitator  will be issued a tax preparer or facilitator
    48  registration certificate. If an individual acts as  both  a  tax  return
    49  preparer  and a facilitator, one registration certificate shall indicate
    50  both activities.

    51    (B) In accordance with instructions prescribed  by  the  commissioner,
    52  each  tax return preparer and facilitator will also be assigned a unique
    53  identification number by the department, which must be used by  the  tax
    54  return  preparer  and  facilitator  on  each return which the tax return
    55  preparer is required to sign  and  each  refund  anticipation  loan  and
    56  refund anticipation check the facilitator is required to sign.

        S. 59--B                           82                          A. 159--B
 
     1    (C) If a tax return preparer or facilitator is an employee or prospec-
     2  tive employee of a tax return preparer, a commercial tax return prepara-
     3  tion business, or a facilitator, the tax return preparer, commercial tax

     4  return preparation business or facilitator must ensure that the employee
     5  or  prospective  employee is properly registered with the department and
     6  possesses a valid tax preparer or facilitator registration  certificate.
     7  If  an  individual  acts as both a tax return preparer and a facilitator
     8  one registration certificate shall indicate both activities.
     9    (3) Each registered tax return preparer and facilitator must electron-
    10  ically re-register with the  department  annually,  in  accordance  with
    11  instructions  prescribed by the commissioner. If, at any time during the
    12  year following  registration  or  re-registration,  as  applicable,  any
    13  information  provided  by  the  tax  return preparer or facilitator upon

    14  registration or re-registration is no longer  correct,  the  tax  return
    15  preparer or facilitator must update his or her information in accordance
    16  with instructions prescribed by the commissioner.
    17    (4)  Each tax return preparer preparing any return must sign the docu-
    18  ment and include the unique identification number specified in paragraph
    19  two of this subdivision, in accordance with instructions  prescribed  by
    20  the commissioner.
    21    (c)(1)  Each commercial tax return preparer must electronically pay an
    22  annual fee of one hundred dollars to the department, in accordance  with
    23  instructions  prescribed  by the commissioner. Registration of a commer-
    24  cial tax return preparer is not complete until payment  of  the  fee  is
    25  made.

    26    (2)  All  fees  received by the commissioner pursuant to this subdivi-
    27  sion, reduced by those amounts the commissioner determines are necessary
    28  to cover administrative costs to  administer  the  registration  program
    29  prescribed  by  this  section  and  the  costs  of any reimbursements to
    30  commercial tax return preparers that may be required due to  duplicative
    31  fee  payments  under  this subdivision, must be deposited monthly to the
    32  credit of the general fund of the state. The commissioner will  maintain
    33  a system of accounts showing the amount of money collected and disbursed
    34  from the fee imposed by this subdivision.
    35    (d) The issuance of a tax preparer or facilitator registration certif-

    36  icate  to  provide  tax preparation services or refund anticipation loan
    37  services is not, and must not be advertised as, an  endorsement  by  the
    38  department  of the tax return preparer or the facilitator, or his or her
    39  qualifications or the services rendered by him or her.
    40    (e) A tax return preparer who has not registered with the  department,
    41  or a commercial tax return preparer who has not paid the required regis-
    42  tration  fee, will not be allowed to represent his or her clients before
    43  the division of taxation or the division of tax appeals.  This  sanction
    44  is  in addition to any penalties which may be imposed pursuant to subdi-
    45  vision (f) of this section.
    46    (f) (1) A tax return preparer or facilitator shall not: (A) charge  or

    47  impose  any  fee, charge or other consideration in the making or facili-
    48  tating of a refund anticipation loan or refund anticipation check  apart
    49  from  the  fee charged by the creditor or bank that provided the loan or
    50  check;
    51    (B) Engage in unfair or deceptive acts or practices in the  facilitat-
    52  ing  of  a  refund  anticipation  check  or  a refund anticipation loan,
    53  including making any oral statements contradicting any of  the  informa-
    54  tion  required  to be disclosed under the Taxpayer Bill of Rights as set
    55  forth in sections three hundred seventy-one through three hundred seven-
    56  ty-three of the general business law;

        S. 59--B                           83                          A. 159--B
 

     1    (C) Directly or indirectly arrange for a third  party  to  charge  any
     2  interest,  fee or charge related to a refund anticipation loan or refund
     3  anticipation check;
     4    (D)  Include any of the following provisions in any documents provided
     5  or signed to obtain a refund anticipation loan  or  refund  anticipation
     6  check,  including the loan application or agreement: (i) a hold harmless
     7  clause; (ii)  a confession of judgment clause; (iii)  a  waiver  of  the
     8  right  to  a  jury trial; (iv) any assignment of or order for payment of
     9  wages or other compensation for services; (v) a waiver of any  provision
    10  of  the  Taxpayer Bill of Rights, as set forth in sections three hundred
    11  seventy-one through three hundred seventy-three of the general  business

    12  law;  or  (vi)  a  waiver of the right to injunctive, declaratory, other
    13  equitable relief, or relief on a  classwide  basis.  Any  aforementioned
    14  waivers shall be deemed null, void and of no effect;
    15    (E)  Take or arrange for a creditor to take a security interest in any
    16  property interest of the taxpayer other than the  proceeds  of  the  tax
    17  refund to secure payment of a refund anticipation loan;
    18    (F)  Directly or indirectly, individually or in conjunction or cooper-
    19  ation with another person, engage in the collection of an outstanding or
    20  delinquent refund anticipation loan for any creditor or assignee;
    21    (G) Refer, facilitate, solicit consumers or conduct business on behalf

    22  of, in conjunction with or on the same premises as a third party engaged
    23  in check cashing for a fee;
    24    (H) Make a misrepresentation of fact in  obtaining  or  attempting  to
    25  obtain a registration; or
    26    (I)  Engage in any other action prohibited by rules promulgated by the
    27  commissioner.
    28    (2) If a tax return  preparer  violates  any  one  of  the  provisions
    29  provided  for in this subdivision, then the tax return preparer must pay
    30  a penalty of five hundred dollars for each such violation,  in  addition
    31  to any other penalties provided for in this section.
    32    (g)  (1) If a tax return preparer or facilitator is required to regis-
    33  ter or re-register with the department  pursuant  to  paragraph  one  or

    34  three of subdivision (b) of this section, as applicable, and fails to do
    35  so  in  accordance  with  the terms of this section, then the tax return
    36  preparer of facilitator must pay a penalty of two hundred fifty dollars.
    37  Provided, however, that  if  the  tax  return  preparer  or  facilitator
    38  complies with the registration requirements of this section within nine-
    39  ty  calendar  days  after  notification of assessment of this penalty is
    40  sent by the department, then this penalty must be  abated.  If  the  tax
    41  return  preparer  or facilitator continues to fail to register or re-re-
    42  gister after the ninety calendar day period, the tax return preparer  or
    43  facilitator  must  pay  an additional penalty of five hundred dollars if

    44  the failure is for not more than one  month,  with  an  additional  five
    45  hundred  dollars  for  each  additional month or fraction thereof during
    46  which the failure continues. Once the ninety calendar days specified  in
    47  this  paragraph  have  expired,  the penalty can be waived only for good
    48  cause shown by the tax return preparer or facilitator.
    49    (2) If a commercial tax return  preparer  fails  to  pay  the  fee  as
    50  required  in  paragraph  one  of  subdivision (c) of this section, for a
    51  calendar year, then the commercial tax return preparer must pay a penal-
    52  ty of fifty dollars for each return the commercial tax  return  preparer
    53  has  filed  with the department in that calendar year. Provided however,

    54  that if the commercial tax return preparer  complies  with  the  payment
    55  requirements of paragraph one of subdivision (c) of this section, within
    56  ninety calendar days after notification of the assessment of this penal-

        S. 59--B                           84                          A. 159--B
 
     1  ty  is  sent  by  the  department, then this penalty must be abated. The
     2  maximum penalty that may be imposed under this paragraph on any  commer-
     3  cial  tax  return preparer during any calendar year must not exceed five
     4  thousand  dollars. Once the ninety calendar days specified in this para-
     5  graph have expired, the penalty can be waived only for good cause  shown
     6  by the commercial tax return preparer.

     7    (3)  If  a  tax  return  preparer fails to sign his or her name to any
     8  return that requires the tax return preparer's signature, or a facilita-
     9  tor fails to sign his or her name to any  refund  anticipation  loan  or
    10  refund  anticipation  check  facilitation  documentation,  then  the tax
    11  return preparer or facilitator must pay a penalty in the amount  of  two
    12  hundred  fifty  dollars  for each failure to so sign. Provided, however,
    13  that this penalty can be waived only for good cause  shown  by  the  tax
    14  return preparer or facilitator.
    15    The  maximum  penalty  imposed  under this paragraph on any tax return
    16  preparer with respect to returns filed during any calendar year  by  the

    17  tax  return  preparer,  or on any facilitator with respect to any refund
    18  anticipation loan or refund anticipation check  facilitation  documenta-
    19  tion  completed  during  any  calendar  year by the facilitator must not
    20  exceed ten thousand dollars. Provided, however, that  if  a  tax  return
    21  preparer  or  facilitator  has been penalized under this paragraph for a
    22  preceding calendar year and again fails to sign his or her name  on  any
    23  return  that requires the tax return preparer's signature or again fails
    24  to sign his or her name on any refund anticipation loan or refund antic-
    25  ipation check facilitation documentation during  a  subsequent  calendar
    26  year,  then  the  penalty  under this paragraph for each failure will be

    27  five hundred dollars, and no annual cap will apply.
    28    (4) If a tax return preparer or a facilitator  fails  to  include  the
    29  unique  identification  number  assigned  by  the department pursuant to
    30  subparagraph (B) of paragraph two of subdivision (b) of this section  on
    31  any return, or any return anticipation loan or return anticipation check
    32  facilitation  documentation that requires his or her signature, then the
    33  tax return preparer or facilitator must pay a  penalty  of  one  hundred
    34  dollars  for  each  failure  to include his or her unique identification
    35  number. Provided, however, that this penalty can be waived only for good
    36  cause shown by the tax  return  preparer  or  facilitator.  The  maximum

    37  penalty imposed under this paragraph on any tax return preparer or faci-
    38  litator  with respect to returns filed during any calendar year must not
    39  exceed two thousand five hundred dollars; provided, however, that  if  a
    40  tax  return  preparer or facilitator has been penalized under this para-
    41  graph for a preceding calendar year  and  again  fails  to  include  the
    42  unique  identification number on one or more returns during a subsequent
    43  calendar year, then the penalty under this paragraph  for  each  failure
    44  will be two hundred fifty dollars, and no annual cap will apply.
    45    (5)  If  a tax return preparer, facilitator or a commercial tax return
    46  preparation business employs an individual to prepare tax returns who is

    47  not registered with the department and does  not  possess  a  valid  tax
    48  preparer  or  facilitator  registration certificate, then the tax return
    49  preparer, facilitator or commercial tax return preparation business,  as
    50  applicable,  will  be  subject  to a penalty of five hundred dollars per
    51  occurrence. This penalty can be waived only for good cause shown.
    52    (6) The penalties provided for by this subdivision must be  paid  upon
    53  notice  and  demand and will be assessed, collected and paid in the same
    54  manner as taxes under article twenty-seven of this chapter.
    55    (g) The provisions of this  section  will  apply  exclusively  to  the
    56  registration  of  tax return preparers and facilitators with the depart-


        S. 59--B                           85                          A. 159--B
 
     1  ment, payment of the registration fee  if  required  by  commercial  tax
     2  return preparers, the signing of returns and use of the unique identifi-
     3  cation  numbers  assigned  by  the department upon registration.   Other
     4  provisions  of  this  chapter  or any other provision of law prescribing
     5  additional requirements applicable to tax return preparers or  facilita-
     6  tors  will  not  be affected by the provisions of this section except as
     7  set forth expressly herein, and will remain in full force and effect.
     8    § 3. Paragraphs 1 and 2 of subsection (u) of section 685  of  the  tax
     9  law are REPEALED.
    10    §  4.  The  commissioner  of taxation and finance shall convene a task

    11  force consisting of representatives from the department of taxation  and
    12  finance,  the  state  education department, the department of state, the
    13  consumer protection board, the banking department, the office of  tempo-
    14  rary  and  disability  assistance,  the New York state bar, the New York
    15  state association of certified public accountants, enrolled agents  with
    16  the  internal  revenue  service,  and  other  representatives of the tax
    17  return preparation industry in order to prepare a report addressing  the
    18  following  issues:  determining the appropriate scope of the program for
    19  regulating tax return preparers and  commercial  tax  return  preparers;
    20  setting appropriate qualifications, including, but not limited to, mini-
    21  mum  educational  qualifications and continuing educational requirements
    22  for tax return preparers; examining issues and abuses  involving  refund

    23  anticipation loans and checks and considering any other matters the task
    24  force  determines to be necessary or appropriate. The report required by
    25  this section will be submitted  to  the  commissioner  of  taxation  and
    26  finance,  the  governor,  the  speaker of the assembly and the temporary
    27  president of the senate no later than March 31, 2012.  The  commissioner
    28  of  taxation  and finance may promulgate regulations to implement any of
    29  the recommendations made by the task force.
    30    § 5. Section 371 of the general business law, as added by chapter  432
    31  of the laws of 2008, is amended to read as follows:
    32    § 371. Definitions. For the purposes of this article:
    33    (a) "Facilitator" means a person who individually or in conjunction or
    34  cooperation  with  another  person: (i) solicits the execution of, proc-

    35  esses, receives, or accepts an application or  agreement  for  a  refund
    36  anticipation  loan or refund anticipation check; (ii) serves or collects
    37  upon a refund anticipation loan or refund anticipation check;  or  (iii)
    38  in any other manner that facilitates the making of a refund anticipation
    39  loan or refund anticipation check. This term excludes any employees of a
    40  facilitator  who  provide  only  clerical  or  other  comparable support
    41  services to such facilitator.
    42    (b) "Tax preparer" or "preparer" means a person,  partnership,  corpo-
    43  ration  or  other  business  entity,  that in exchange for consideration
    44  advises or assists or offers to advise or assist in the  preparation  of
    45  income tax returns for another.

    46    [(b)]  (c)  "Refund  anticipation  check"  means a check, stored value
    47  card, or other payment mechanism: (i) representing the proceeds of a tax
    48  refund; (ii) which was issued  by  a  depository  institution  or  other
    49  person  that received a direct deposit of the tax refund or tax credits;
    50  and (iii) for which a fee or other consideration has been paid for  such
    51  payment mechanism.
    52    (d)  "Refund anticipation loan" means [any loan a taxpayer may receive
    53  against his or her anticipated income tax refund.
    54    (c)] a loan that is secured by or that the  creditor  arranges  to  be
    55  repaid  directly or indirectly from the proceeds of an income tax refund

    56  or tax credits. A refund  anticipation  loan  also  includes  any  sale,

        S. 59--B                           86                          A. 159--B
 
     1  assignment, or purchase of tax refund at a discount or for a fee, wheth-
     2  er  or  not the amount is required to be repaid to the buyer or assignee
     3  if the internal revenue service or the department denies or reduces  the
     4  amount of the tax refund.
     5    (e) "Department" means the department of taxation and finance.
     6    §  6. Section 372 of the general business law, as added by chapter 432
     7  of the laws of 2008, is amended to read as follows:
     8    § 372. Consumer bill of rights regarding  tax  preparers.  (a)  A  tax
     9  preparer shall provide his or her customers with a receipt containing an

    10  address and phone number at which the preparer can be contacted through-
    11  out the year.
    12    (b)  The  department shall, in accordance with regulations promulgated
    13  by the commissioner of taxation and finance, produce and make  available
    14  to  taxpayers and tax preparers an informational flier regarding consum-
    15  ers' rights and laws concerning tax preparers to be called  a  "consumer
    16  bill  of  rights regarding tax preparers".  The department shall consult
    17  with the state consumer protection  board  to  enhance  distribution  of
    18  fliers  to  consumers.  The  flier  shall  also be made available on the
    19  [department's] department and  the  state  consumer  protection  board's
    20  internet  site, and shall contain information including, but not limited
    21  to, the following:

    22    (1) postings required by state and federal laws, such as price posting
    23  and posting of qualifications;
    24    (2) explanations of some of the commonly offered services and industry
    25  jargon, such as preparation of short and  long  federal  forms,  refund,
    26  electronic  filing,  express  mail,  direct deposit, refund anticipation
    27  check, refund anticipation loan, quick, instant, rapid, fast,  fee,  and
    28  interest;
    29    (3) basic information on what a tax preparer is and is not required to
    30  do  for  a  consumer,  such  as  the preparer's responsibility to sign a
    31  return, that a tax preparer may not be required to accompany a  consumer
    32  to  an  audit  but  the company may have a voluntary policy to accompany
    33  consumers to audits; and
    34    (4) the telephone  numbers  of  the  department  for  information  and
    35  complaints.

    36    The flier shall be in a form which is easily reproducible by photocopy
    37  machine.
    38    (c)  The  department  shall  coordinate  its  response to consumer tax
    39  preparer complaints with the state consumer protection  board,  pursuant
    40  to  subdivision (b) of section five hundred fifty-three of the executive
    41  law, as the department deems appropriate.
    42    (d) A copy of the consumer bill  of  rights  regarding  tax  preparers
    43  shall be provided to individuals or businesses on request to the depart-
    44  ment,  and  shall  be  sent  by  the  department  no  later than October
    45  fifteenth of each year to each tax preparer who has been found to be  in
    46  violation  of  this  subdivision  or any other provision of this section
    47  within the previous calendar year. Each tax  preparer  subject  to  this

    48  section  shall  obtain a current consumer's bill of rights regarding tax
    49  preparers from the department and shall reproduce it so that it is clear
    50  and legible.  As of January first of each year, each tax preparer  shall
    51  give  to  each  customer, free of charge, a current, legible copy of the
    52  consumer's  bill  of  rights  regarding  tax  preparers  prior  to   any
    53  discussion with the customer. Each such tax preparer shall also verbally
    54  direct  the consumer to review the consumer bill of rights regarding tax
    55  preparers and shall answer any questions the consumer may have about its
    56  contents.

        S. 59--B                           87                          A. 159--B
 
     1    [(d)] (e) (1) Any tax preparer who advertises the  availability  of  a
     2  refund  anticipation  loan or refund anticipation check may not directly

     3  or indirectly represent such a loan as a refund. Any advertisement which
     4  mentions a refund anticipation loan must state conspicuously that it  is
     5  a  loan and that a fee or interest will be charged by the lending insti-
     6  tution. The advertisement must also disclose the  name  of  the  lending
     7  institution.
     8    (2)  (i)  Before  any taxpayer enters into a refund anticipation loan,
     9  the tax preparer facilitating such  loan  shall  provide  the  following
    10  disclosure to the taxpayer in writing in at least fourteen-point type:
    11    "YOU  ARE  NOT  REQUIRED  TO  ENTER INTO THIS REFUND ANTICIPATION LOAN
    12  AGREEMENT MERELY BECAUSE YOU HAVE RECEIVED THIS INFORMATION.
    13    IF YOU DO SIGN A CONTRACT FOR A REFUND ANTICIPATION LOAN, YOU WILL  BE
    14  TAKING  OUT  A LOAN. YOU WILL BE RESPONSIBLE FOR REPAYMENT OF THE ENTIRE
    15  LOAN AMOUNT AND ALL RELATED COSTS AND FEES, REGARDLESS OF HOW MUCH MONEY

    16  YOU ACTUALLY RECEIVE IN YOUR TAX REFUND.  IF YOUR REFUND IS DELAYED, YOU
    17  MAY HAVE TO PAY ADDITIONAL COSTS.
    18    IF YOU DO NOT TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU ARE ELIGIBLE
    19  TO RECEIVE A GROSS TAX REFUND OF APPROXIMATELY $(insert amount).
    20    IF YOU DO TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU WILL BE  RESPON-
    21  SIBLE TO PAY $(insert amount) IN FEES FOR THE LOAN. AFTER THESE FEES ARE
    22  PAID, YOU WILL RECEIVE APPROXIMATELY $ (insert amount) AS YOUR LOAN.
    23    THE  ESTIMATED ANNUAL PERCENTAGE RATE OF YOUR REFUND ANTICIPATION LOAN
    24  IS (insert amount)%. THIS IS BASED ON THE ACTUAL AMOUNT OF TIME YOU WILL
    25  BE LENT MONEY THROUGH THIS REFUND ANTICIPATION LOAN.
    26    IF YOU DO TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU  CAN  EXPECT  TO
    27  RECEIVE  YOUR  LOAN  WITHIN  APPROXIMATELY  TWO BUSINESS DAYS OF (insert
    28  date).

    29    IF YOU DO NOT TAKE OUT THIS REFUND ANTICIPATION LOAN,  YOU  CAN  STILL
    30  RECEIVE  YOUR  TAX REFUND QUICKLY. IF YOU FILE YOUR TAX RETURN ELECTRON-
    31  ICALLY AND RECEIVE YOUR TAX REFUND THROUGH THE MAIL, YOU CAN  EXPECT  TO
    32  RECEIVE  YOUR  REFUND  WITHIN APPROXIMATELY TWO BUSINESS DAYS OF (insert
    33  date). IF YOU FILE YOUR TAX RETURN  ELECTRONICALLY  AND  HAVE  YOUR  TAX
    34  REFUND DIRECTLY DEPOSITED INTO A BANK ACCOUNT, YOU CAN EXPECT TO RECEIVE
    35  YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS DAYS OF (insert date)."
    36    (ii)  Before any taxpayer enters into an agreement to receive a refund
    37  anticipation check, the tax preparer facilitating  the  agreement  shall
    38  provide  the following disclosure to the taxpayer in writing in at least
    39  fourteen-point type:
    40    "YOU ARE NOT REQUIRED TO ENTER INTO  THIS  REFUND  ANTICIPATION  CHECK

    41  AGREEMENT  MERELY  BECAUSE YOU HAVE RECEIVED THIS INFORMATION. IF YOU DO
    42  TAKE OUT THIS REFUND ANTICIPATION CHECK, YOU WILL BE RESPONSIBLE TO  PAY
    43  $(insert  amount)  IN FEES FOR THE CHECK TO BE ISSUED BY (insert name of
    44  issuer of refund anticipation check). YOU CAN AVOID THIS FEE  AND  STILL
    45  RECEIVE  YOUR  REFUND  IN  THE SAME AMOUNT OF TIME BY HAVING YOUR REFUND
    46  DIRECTLY DEPOSITED INTO YOUR OWN BANK ACCOUNT. YOU CAN ALSO WAIT FOR THE
    47  FEDERAL OR STATE REFUND TO BE MAILED TO YOU.
    48    IF YOU DO ENTER INTO THIS REFUND ANTICIPATION CHECK AGREEMENT, YOU CAN
    49  EXPECT TO RECEIVE YOUR CHECK  BY  APPROXIMATELY  TWO  BUSINESS  DAYS  OF
    50  (insert date).
    51    IF YOU DO NOT ENTER INTO THIS REFUND ANTICIPATION CHECK AGREEMENT, YOU

    52  CAN  STILL  RECEIVE YOUR TAX REFUND QUICKLY. IF YOU FILE YOUR TAX RETURN
    53  ELECTRONICALLY AND RECEIVE YOUR TAX REFUND THROUGH  THE  MAIL,  YOU  CAN
    54  EXPECT  TO RECEIVE YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS DAYS OF
    55  (insert date). IF YOU FILE YOUR TAX RETURN ELECTRONICALLY AND HAVE  YOUR
    56  TAX  REFUND  DIRECTLY  DEPOSITED  INTO A BANK ACCOUNT, YOU CAN EXPECT TO

        S. 59--B                           88                          A. 159--B
 
     1  RECEIVE YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS  DAYS  OF  (insert
     2  date)."
     3    (iii)  It  shall be the obligation of the tax preparer to complete the
     4  required [disclosure] disclosures accurately with all relevant  informa-

     5  tion  for each taxpayer and to ensure that the completed disclosure form
     6  is signed by the taxpayer before he or she enters into a  refund  antic-
     7  ipation  loan  or  a  refund anticipation check, with a copy of the same
     8  provided to the taxpayer. The name and the unique identification  number
     9  of  the  tax  return  preparer  (and facilitator, if different) assigned
    10  pursuant to section thirty-two of the tax law must be  included  on  the
    11  disclosure form provided to the taxpayer.
    12    [(e)] (f)(1) If a taxpayer applies for a refund anticipation loan, the
    13  facilitator  must also orally inform the taxpayer in the language prima-
    14  rily used for oral communications between the facilitator and taxpayer:
    15    (i) that the product is a loan that only lasts one to two weeks;

    16    (ii) if the tax refund is less than expected, the taxpayer  is  liable
    17  for the full amount of the loan and must repay any difference;
    18    (iii) if the refund is delayed for any reason, there may be additional
    19  costs, such as additional interest, that the taxpayer will have to pay;
    20    (iv) the amount of the refund anticipation loan fee; and
    21    (v) the refund anticipation loan interest rate.
    22    (2) If a taxpayer applies for a refund anticipation check, the facili-
    23  tator  must  also  orally  inform the taxpayer in the language primarily
    24  used for oral communications between the facilitator and taxpayer:
    25    (i) the amount of the refund anticipation check fee; and
    26    (ii) that the taxpayer can receive a refund in the same amount of time

    27  without a fee if the tax return is filed electronically, and the consum-
    28  er chooses direct deposit to their own personal bank account.
    29    (g) Any person, partnership, corporation or other business entity  who
    30  violates any provision of this section or any of the regulations promul-
    31  gated  pursuant  to  this section shall be liable for a civil penalty of
    32  not less than two hundred fifty  dollars  nor  more  than  five  hundred
    33  dollars  for  the  first  violation  and for each succeeding violation a
    34  civil penalty of not less than five hundred dollars nor more than  seven
    35  hundred  fifty dollars.   The penalties provided for by this subdivision
    36  must be paid upon notice and demand and will be assessed, collected  and
    37  paid  in  the same manner as taxes under article twenty-seven of the tax
    38  law.

    39    [(f)] (h) Apart from subdivision [(d)] (e) of  this  section  and  the
    40  accompanying  penalties  as  listed  in  subdivision  [(e)]  (f) of this
    41  section, the provisions of this section shall not apply to:
    42    (1) an officer or employee of a  corporation  or  business  enterprise
    43  who,  in his or her capacity as such, advises or assists in the prepara-
    44  tion of income tax returns relating  to  such  corporation  or  business
    45  enterprise;
    46    (2)  an  attorney  at law who advises or assists in the preparation of
    47  income tax returns in the practice of law and the employees thereof;
    48    (3) a fiduciary and the employees thereof who advise or assist in  the
    49  preparation of income tax returns on behalf of the fiduciary estate, the
    50  testator, trustee, grantor or beneficiaries thereof;

    51    (4)  a  certified public accountant licensed pursuant to the education
    52  law or licensed by one or more of the states  or  jurisdictions  of  the
    53  United States, and the employees thereof;
    54    (5) a public accountant licensed pursuant to the education law and the
    55  employees thereof;

        S. 59--B                           89                          A. 159--B
 
     1    (6)  an employee of a governmental unit, agency or instrumentality who
     2  advises or assists in the preparation  of  income  tax  returns  in  the
     3  performance of his or her official duties; or
     4    (7)  an agent enrolled to practice before the internal revenue service
     5  pursuant to section 10.4 of subpart A of part ten of title thirty-one of
     6  the code of federal regulations.
     7    § 7. This act shall take effect immediately, provided,  however,  that

     8  section one of this act shall apply to authorized tax documents required
     9  to  be  filed  for  tax years beginning on or after January 1, 2009, and
    10  section two of this act shall  apply  to  tax  return  preparers  filing
    11  personal  income  tax  returns  on or after December 31, 2009 and to tax
    12  return preparers who do not prepare  income  tax  returns  on  or  after
    13  December  31,  2010;  and  sections  five and six of this act shall take
    14  effect on the same date as chapter  432  of  the  laws  of  2008,  takes
    15  effect.
 
    16                                   PART WW
 
    17    Section  1.  Notwithstanding  any other law, rule or regulation to the
    18  contrary, expenses of the department of health public service  education
    19  program  incurred  pursuant  to appropriations from the cable television
    20  account of the state miscellaneous special revenue funds shall be deemed

    21  expenses of the department of public service.
    22    § 2. This act shall take effect immediately and  shall  be  deemed  to
    23  have been in full force and effect on and after April 1, 2009.
 
    24                                   PART XX
 
    25    Section  1.    Section 16-s of section 1 of chapter 174 of the laws of
    26  1968 constituting the New York state urban development corporation  act,
    27  as  added  by section 2 of part QQ of chapter 57 of the laws of 2008, is
    28  amended to read as follows:
    29    § 16-s. The upstate agricultural economic development fund and healthy
    30  food / healthy communities initiative.    1.  The  upstate  agricultural
    31  economic  development fund and healthy food / healthy communities initi-
    32  ative is hereby created. The corporation is authorized, within available

    33  appropriations, to provide financial assistance in the  form  of  loans,
    34  grants  or  contracts for services, to eligible entities as set forth in
    35  this subdivision to support the upstate revitalization  fund  to  reduce
    36  the cost of financing the construction, expansion or renovation of agri-
    37  cultural  economic  development projects, to reduce the cost of agricul-
    38  tural inputs or to support activities related to the retention of exist-
    39  ing farmers or the recruitment of new farmers and to increase the number
    40  of food markets providing affordable and nutritious foods in underserved
    41  areas.
    42    2. Not-for-profit corporations, agricultural cooperative corporations,
    43  public benefit corporations, municipalities and educational institutions
    44  serving rural areas shall be eligible to apply for  support  under  this

    45  subdivision for the following activities:
    46    (a)  Support  for  local efforts to identify new agricultural economic
    47  development opportunities, and to organize  industry-wide  collaborative
    48  efforts  designed  to  develop  growth  strategies  for the agricultural
    49  industry.
    50    (b) Support for local or regional activities designed to provide busi-
    51  ness development and financial packaging assistance to new and expanding
    52  agricultural economic development projects.

        S. 59--B                           90                          A. 159--B
 
     1    (c) Development and delivery of programs to promote the  retention  of
     2  existing farmers and to attract new farmers.
     3    (d)  Feasibility  studies  to  determine the projected local, national
     4  and/or international demand for the  proposed  crop  or  product  to  be

     5  financed  pursuant  to  this section and the suitability of the land and
     6  climate for such production.
     7    (e) Support for land acquisition and/or the construction,  acquisition
     8  or  expansion  of  buildings,  machinery and equipment associated with a
     9  project.
    10    (f) Loans can be provided by the corporation to  agricultural  cooper-
    11  ative  corporations,  not-for-profit  corporations  and  public  benefit
    12  corporations for the purpose of providing low cost financing  from  such
    13  entities to projects for purposes described in this subdivision.
    14    (g)   Such   projects  shall  be  consistent  with  the  environmental
    15  protection goals of the state.
    16    [2.] 3. Community development financial institutions,  as  defined  by
    17  paragraph  (a)  of subdivision 2 of section sixteen-o of this act, shall

    18  be eligible to apply for designation under this subdivision  to  perform
    19  the  duties  of  a  program administrator for the healthy food / healthy
    20  communities initiative.
    21    (a) Program administrators will be required to enter into  a  contract
    22  with the corporation for the following responsibilities:
    23    (i)  raise matching capital to leverage state funds within three years
    24  of signing a contract with the corporation;
    25    (ii) report, at least annually, on the sources and  amounts  of  funds
    26  raised;
    27    (iii) develop underwriting criteria; and
    28    (iv) process loans and grants for food markets.
    29    (b)  Administrative costs of program administrators will be reimbursa-

    30  ble as set forth in either rules and regulations  issued  in  accordance
    31  with  paragraph (d) of subdivision 5 of this section or in a request for
    32  proposal.
    33    (c) Eligible food markets are any entities in subparagraph (i) of this
    34  paragraph. Eligible food markets must demonstrate  that  their  proposed
    35  project  will  benefit  an  underserved area, as defined in subparagraph
    36  (ii) of this paragraph.
    37    (i) An eligible food market applicant may  be  a  for-profit  business
    38  enterprise  (including  a   corporation, limited liability company, sole
    39  proprietor, cooperative or partnership), a nonprofit organization  or  a
    40  food cooperative.
    41    (ii)  An  underserved  area  is  defined  as a low- or moderate-income

    42  census tract, an area of below average supermarket density  or  an  area
    43  having a supermarket customer base with more than 50 percent living in a
    44  low-income census tract.
    45    (iii)  Eligible  uses  for  funds  from state grants and loans to food
    46  markets include:
    47    (A) pre-development costs for project feasibility,  including  profes-
    48  sional fees, market studies and appraisals;
    49    (B) land assembly, including demolition and environmental remediation;
    50    (C) site development;
    51    (D)    infrastructure    improvements,   including   renovation,   new
    52  construction or adaptive reuse; and
    53    (E) equipment purchases.
    54    (d)  The  program  administrator  shall  review,  and  if  appropriate

    55  approve,  applications by food markets.  The program administrator shall
    56  review applications every other month for as long as funds remain avail-

        S. 59--B                           91                          A. 159--B
 
     1  able in the loan pool.  The  program  administrator  shall  review  each
     2  application  to  determine  whether  the proposed project is financially
     3  viable and demonstrates all of the following:
     4    (i) makes a positive impact on the local economy;
     5    (ii)  increases  revenues  to the state, the host municipality, or the
     6  market region or creates a new agricultural economic development  oppor-
     7  tunity;
     8    (iii) adherence to sound land use principles;

     9    (iv)  promotes  community  development  by working in conjunction with
    10  other programs;
    11    (v) incorporates energy efficiency and green building principles; and
    12    (vi) to the maximum extent practicable, provides  healthy,  nutritious
    13  food grown by sustainable agricultural practices.
    14    4.  Applications  for  assistance pursuant to this section, except for
    15  the healthy foods / healthy communities initiative,  shall  be  reviewed
    16  and  evaluated  pursuant  to  eligibility  requirements and criteria set
    17  forth in rules and regulations promulgated by the upstate  chairman,  in
    18  consultation  with the commissioner of the department of agriculture and
    19  markets, and subject to approval  by  the  board  of  directors  of  the

    20  upstate empire state development corporation. Approval of project appli-
    21  cations  shall be made by the upstate chairman, in consultation with the
    22  commissioner of the department of agriculture and  markets,  subject  to
    23  approval  by the board of directors of the upstate empire state develop-
    24  ment corporation.
    25    [3.] 5. Applications to be the program administrator for  the  healthy
    26  food  /  healthy  communities initiative shall be reviewed and evaluated
    27  pursuant to eligibility requirements and criteria which may be set forth
    28  in either rules and regulations, a request for proposal or  an  applica-
    29  tion.
    30    (a)  Applications  shall  identify at least one food access, health or
    31  community development organization who will work with the program admin-

    32  istrator applicant to:
    33    (i) analyze market opportunities in underserved areas;
    34    (ii) recruit food market operators and developers;
    35    (iii) pre-qualify food market applications on non-financial  criteria;
    36  and
    37    (iv)  provide  technical  assistance  with regard to operating grocery
    38  stores in low-income communities.
    39    (b) Administrative costs of  the  food  access,  health  or  community
    40  development  organization will be reimbursable as set forth in rules and
    41  regulations issued in accordance with paragraph (d) of this  subdivision
    42  or in a request for proposal.
    43    (c)  Approval  of  at least one program administrator shall be made by
    44  the upstate chairman, in  consultation  with  the  commissioner  of  the

    45  department  of agriculture and markets, subject to approval by the board
    46  of directors of the upstate empire state development corporation.
    47    (d) At his or her discretion, the upstate chairman of the  corporation
    48  may  promulgate  rules and regulations, in consultation with the commis-
    49  sioner of the department of agriculture  and  markets,  and  subject  to
    50  approval  by the board of directors of the upstate empire state develop-
    51  ment corporation for the implementation of this section.
    52    6. The corporation, in  consultation  with  the  commissioner  of  the
    53  department  of  agriculture  and  markets,  shall submit a report to the
    54  director of the budget, the  temporary  president  of  the  senate,  the

    55  speaker  of  the  assembly,  the  minority  leader of the senate and the
    56  minority leader of the assembly on the investments  and  accomplishments

        S. 59--B                           92                          A. 159--B
 
     1  of the upstate agricultural economic development fund. Such report shall
     2  include,  but  not  be  limited  to,  information  on the number of jobs
     3  created and retained, levels  of  private  sector  investment,  economic
     4  benefit  to  the  state  and  local  economies  and  types of industries
     5  invested in. Such report shall be submitted by July  1,  2009  and  July
     6  first every year thereafter.
     7    [4.]  7. The corporation, in consultation with the commissioner of the
     8  department of agriculture and markets, shall  submit  a  report  to  the

     9  director  of  the  budget,  the  temporary  president of the senate, the
    10  speaker of the assembly, the minority  leader  of  the  senate  and  the
    11  minority leader of the assembly evaluating the economic and social bene-
    12  fits  of the upstate agricultural economic development fund. Such evalu-
    13  ation shall be prepared by an entity  or  entities  independent  of  the
    14  corporation which shall be selected through a request for proposal proc-
    15  ess.  Such  evaluation shall be submitted by October 1, 2009 and October
    16  first every year thereafter.
    17    [5.] 8. The corporation is hereby authorized to promulgate  rules  and
    18  regulations in accordance with the state administrative procedure act as
    19  are necessary to fulfill the purposes of this section.
    20    [6.]  9.  The  provisions  of  section  [10]  ten and subdivision 2 of

    21  section [16] sixteen of [the urban  development  corporation]  this  act
    22  shall not apply to assistance provided under this section.
    23    § 2. This act shall take effect immediately.
 
    24                                   PART YY
 
    25    Section  1.  Paragraph  b  of  subdivision 4 of section 15-0313 of the
    26  environmental conservation law, as amended by chapter 261 of the laws of
    27  1990, is amended to read as follows:
    28    b. Such rules and regulations may specify the pesticides and chemicals
    29  and quantities and concentrations thereof which may be directly  applied
    30  or used, which specified chemicals and pesticides shall be selected with
    31  maximum  protection  of  life, health and property as criteria for their
    32  selection, and shall  also  provide  for  giving  reasonable  notice  to

    33  persons likely to be adversely affected by such use of chemicals and may
    34  require  consent  of  persons  who  may reasonably be expected to suffer
    35  substantial damage or injury thereby prior to the issuance of any permit
    36  for such use. A fee of [fifty] one hundred dollars shall accompany  each
    37  permit.
    38    §  2.  Subdivision 2 of section 33-0901 of the environmental conserva-
    39  tion law, as amended by section 3 of part B of chapter 82 of the laws of
    40  2002, is amended to read as follows:
    41    2. Any person  desiring  such  a  permit  shall  file  an  application
    42  containing  such  information required by the commissioner and in a form
    43  prescribed by the  commissioner.  The  commissioner  shall  examine  the
    44  application  and  shall  issue  or  refuse to issue the permit requested
    45  therein. The commissioner shall impose whatever restrictions  or  condi-

    46  tions  on  the permit he deems appropriate in order to fully protect the
    47  public interest. Such a permit shall not be  valid  for  more  than  two
    48  years  as  determined by the commissioner. A separate permit is required
    49  for each location in the state, and a fee for each location in the state
    50  of [three] six hundred dollars is required.
    51    § 3. Section 33-0911 of the environmental conservation law, as amended
    52  by section 6 of part B of chapter 82 of the laws of 2002, subdivision  2
    53  as  amended by section 2 of part U of chapter 59 of the laws of 2004, is
    54  amended to read as follows:

        S. 59--B                           93                          A. 159--B
 
     1  § 33-0911. Certification and registration fees.
     2    1. Every applicant for pesticide applicator certification shall pay an

     3  examination fee of [fifty] one hundred dollars for each examination.
     4    2.  a. Except as provided in paragraph b of this subdivision, fees for
     5  pesticide applicator certification shall be [two] four hundred  [twenty-
     6  five] fifty dollars for commercial pesticide applicator certification in
     7  one  individual  category,  [seventy-five] one hundred fifty dollars for
     8  each additional category and [seventy-five] one  hundred  fifty  dollars
     9  for  each  additional sub-category chosen. For private applicators a fee
    10  of twenty-five dollars for the initial certified private applicator  and
    11  five  dollars  for  subsequent  applicators on the same farm or business
    12  shall be charged at  the  time  of  initial  certification,  renewal  of

    13  certification or recertification.
    14    b. Fees for pesticide applicator certification for a commercial pesti-
    15  cide  applicator  with  only subcategory 3A-ornamentals, shade trees and
    16  turf or only subcategory 3B-turf shall be [one] two hundred dollars.
    17    3. Pesticide businesses shall pay a registration fee  of  [four]  nine
    18  hundred [fifty] dollars. When the applicant regularly maintains or oper-
    19  ates  more  than  one business address a fee may be required for each of
    20  the applicant's business addresses in the state. Any agency which  is  a
    21  state  agency, municipal corporation, public authority, or college shall
    22  be exempt from any fee for registration.
    23    § 4. Section 33-0304 of the environmental conservation law, as amended
    24  by chapter 60 of the laws of 1993, is amended to read as follows:
    25  § 33-0304. Fees.

    26    All fees collected pursuant to this article shall  be  deposited  into
    27  the environmental conservation special revenue fund to the credit of the
    28  environmental regulatory account; provided, however, that the first five
    29  million  dollars  collected  pursuant to this article shall be deposited
    30  into the environmental protection fund established pursuant  to  section
    31  ninety-two-s of the state finance law.
    32    §  5.  Subdivisions  a  and  b of section 33-0705 of the environmental
    33  conservation law, as amended by section 2 of part FF of  chapter  59  of
    34  the laws of 2008, are amended to read as follows:
    35    a.  On  or  before  July 1, 2011, [three] six hundred dollars for each
    36  pesticide proposed to be registered, provided  that  the  applicant  has

    37  submitted  to  the  department proof in the form of a federal income tax
    38  return for the previous year showing gross  annual  sales,  for  federal
    39  income  tax  purposes, of three million five hundred thousand dollars or
    40  less;
    41    b. On or before July 1, 2011, for  all  others,  [three]  six  hundred
    42  [ten] twenty dollars for each pesticide proposed to be registered;
    43    §  6.  Subdivision 5 of section 33-0922 of the environmental conserva-
    44  tion law, as amended by chapter 345 of the laws of 2008, is  amended  to
    45  read as follows:
    46    5.  When  engaged in the commercial application of aquatic antifouling
    47  paints, an aquatic antifouling paint application business  shall  ensure
    48  that such aquatic antifouling paints are only applied by an employee who
    49  is  a  certified commercial pesticide applicator or technician certified

    50  in the application of aquatic antifouling paint or an aquatic  antifoul-
    51  ing  paint  applicator, or a person who is a certified commercial pesti-
    52  cide applicator or technician certified in the  application  of  aquatic
    53  antifouling paint or an aquatic antifouling paint applicator employed by
    54  another  registered  business with which such business has contracted to
    55  apply aquatic antifouling paints; provided, however, that until  [Decem-
    56  ber  thirty-first,  two  thousand eight,] such time as authorization for

        S. 59--B                           94                          A. 159--B
 
     1  pesticide application by  pesticide  apprentices  is  repealed,  aquatic
     2  antifouling  paint  registered as a general use pesticide may be applied

     3  by a commercial pesticide apprentice who is at least seventeen years  of
     4  age  and  employed  by such business (a) working under the direct super-
     5  vision of a certified commercial pesticide applicator,  or  (b)  working
     6  under  the  supervision of a certified pesticide technician qualified in
     7  aquatic antifouling paints, if such application  is  otherwise  done  in
     8  compliance  with  the  rules and regulations of the department, and who,
     9  during the handling and application of such paint, utilizes  appropriate
    10  safety  equipment  including  but  not  limited  to  a  respirator,  eye
    11  protection and skin protection.
    12    § 7. This act shall take effect immediately and  shall  be  deemed  to
    13  have been in full force and effect on and after April 1, 2009.
 
    14                                   PART ZZ
 

    15    Section  1.  Subdivisions  5  and 6 of section 72-1003 of the environ-
    16  mental conservation law, as amended by section 1 of part O1  of  chapter
    17  62 of the laws of 2003, are amended to read as follows:
    18    5. [two] four thousand dollars for affected land of an acreage greater
    19  than twenty acres and equal to or less than thirty acres; or
    20    6. [four thousand dollars] eight thousand dollars for affected land of
    21  an acreage greater than thirty acres.
    22    §  2.  This  act shall take effect immediately, and shall be deemed to
    23  have been in full force and effect on and after April 1, 2009.
 
    24                                  PART AAA
 
    25    Section 1.  Section 70-0117 of the environmental conservation  law  is
    26  amended by adding a new subdivision 8 to read as follows:

    27    8.  (a)  All  persons  required to obtain a permit from the department
    28  pursuant to section 24-0701 of this chapter shall submit to the  depart-
    29  ment an application fee in an amount not to exceed the following:
    30    (i)  fifty dollars per application for a permit for a minor project as
    31  defined in this article or modification to any  existing  permit  issued
    32  pursuant to section 24-0701 of this chapter;
    33    (ii)  fifty  dollars  per  application  for a permit for a residential
    34  project defined as  associated  with  one  single  family  dwelling  and
    35  customary appurtenances thereto;
    36    (iii) one hundred dollars per application for multiple family dwelling
    37  and customary appurtenances thereto;

    38    (iv)  two  hundred  dollars per application for a permit for any other
    39  project as defined in this article.
    40    (b) All persons required to obtain a permit from the department pursu-
    41  ant to section 25-0402 of this chapter shall submit to the department an
    42  application fee in an amount not to exceed the following:
    43    (i) two hundred dollars per application  for  a  permit  for  a  minor
    44  project  as  defined  in  this  article  or modification to any existing
    45  permit issued pursuant to section 25-0402 of this chapter;
    46    (ii) nine hundred dollars per application for a permit for  a  project
    47  as defined in this article.
    48    (c) All fees collected pursuant to this subdivision shall be deposited

    49  into  the environmental protection fund pursuant to section ninety-two-s
    50  of the state finance law.
    51    § 2. This act shall take effect April 1, 2009.

        S. 59--B                           95                          A. 159--B
 
     1                                  PART BBB
 
     2    Section  1.  The opening paragraph of subdivision 1 of section 72-0303
     3  of the environmental conservation law, as amended by section 1 of part D
     4  of chapter 413 of the laws of 1999, is amended to read as follows:
     5    Commencing January first, nineteen hundred ninety-four and every  year
     6  thereafter all sources of regulated air contaminants identified pursuant
     7  to  subdivision  one  of section 19-0311 of this chapter shall submit to
     8  the department [a] an annual fee [not to exceed] of  forty-five  dollars

     9  per  ton  up to [six] seven thousand tons annually of each regulated air
    10  contaminant as follows: forty-five dollars per ton for  facilities  with
    11  total  emissions less than one thousand tons annually; fifty dollars per
    12  ton for facilities with total emissions of one thousand or more but less
    13  than two thousand tons annually; fifty-five dollars per ton for  facili-
    14  ties  with  total  emissions  of two thousand or more but less than five
    15  thousand tons annually; and sixty-five dollars per  ton  for  facilities
    16  with  total  emissions of five thousand or more tons annually.  Such fee
    17  shall be sufficient to support an appropriation approved by the legisla-
    18  ture for the direct and indirect costs  associated  with  the  operating

    19  permit  program established in section 19-0311 of this chapter. Such fee
    20  shall be established by the department and shall be calculated by divid-
    21  ing the amount of the current  year  appropriation  from  the  operating
    22  permit  program account of the clean air fund by the total tons of emis-
    23  sions of regulated air contaminants that are subject  to  the  operating
    24  permit program fees from sources subject to the operating permit program
    25  pursuant  to  section 19-0311 of this chapter up to [six] seven thousand
    26  tons annually of  each  regulated  air  contaminant  from  each  source;
    27  provided  that,  in making such calculation, the department shall adjust
    28  their calculation to account for any deficit or surplus in the operating
    29  permit program account of the clean air  fund  established  pursuant  to
    30  section  ninety-seven-oo  of  the  state finance law; any loan repayment

    31  from the mobile source account of the clean air fund established  pursu-
    32  ant to section ninety-seven-oo of the state finance law; and the rate of
    33  collection  by  the  department  of the bills issued for the fee for the
    34  prior year.
    35    § 2. This act shall take effect June 1, 2009.
 
    36                                  PART CCC
 
    37    Section 1. Article 15 of the environmental conservation law is amended
    38  by adding a new title 33 to read as follows:
    39                                  TITLE 33
    40                         WATER WITHDRAWAL REPORTING
    41  Section 15-3301. Water withdrawal reporting.
    42  § 15-3301. Water withdrawal reporting.
    43    1. Any person who withdraws or is operating any system  or  method  of
    44  withdrawal  that  has the capacity to withdraw more than 100,000 gallons

    45  of groundwater or surface water per day at a single tract of land, water
    46  source or place of business shall file a  report  with  the  department.
    47  Such report shall be filed on or before February first, two thousand ten
    48  and  every  February  first thereafter. Any report filed in two thousand
    49  ten shall be based on those calendar months commencing after the  effec-
    50  tive  date  of  this  section.  The  report  shall be made on a form and
    51  contain such information as may be  prescribed  by  the  department  and
    52  shall  be based on the water withdrawals for the previous calendar year,
    53  and shall include but not be limited to:

        S. 59--B                           96                          A. 159--B
 

     1    (a) the water source, the location of the water source and the  source
     2  capacity if known;
     3    (b)  the amount of water withdrawn for the reporting period, including
     4  the average or peak withdrawals for intervals specified by  the  depart-
     5  ment;
     6    (c) a description of the use of the water withdrawn; and
     7    (d)  estimated  amounts of water to be returned, if any, the locations
     8  of such returns and the method of such returns.
     9    2. The following water  withdrawals  are  exempt  from  the  reporting
    10  requirements of subdivision one of this section:
    11    (a)  a withdrawal for emergency fire suppression or other public emer-
    12  gency purposes;
    13    (b) a withdrawal reported to the department  under  any  program  that

    14  requires  the  reporting  of substantially similar data, including with-
    15  drawals regulated pursuant to the Susquehanna River Basin  Compact,  the
    16  Delaware  River  Basin Compact, the Great Lakes-St. Lawrence River Basin
    17  Water Resources Compact, public water supply permits, permits  for  Long
    18  Island  water  wells  and  permits issued pursuant to section 15-1505 of
    19  this article. The department shall  record  such  withdrawals  with  the
    20  information from water withdrawals reported under this paragraph;
    21    (c) closed loop, standing column, or similar non-extractive geothermal
    22  heat pumps; and
    23    (d) reclaimed wastewater withdrawn for reuse.
    24    3.  All persons required to make a report under this title, except for

    25  withdrawals for an agricultural purpose and for a  public  water  supply
    26  purpose,  shall  submit  to  the department a fee with such report in an
    27  amount of fifty dollars.  For the purpose of this subdivision, "agricul-
    28  tural purpose" means the practice of farming for  crops,  plants,  vines
    29  and trees, and the keeping, grazing, or feeding of livestock for sale of
    30  livestock or livestock products; and "public water supply purpose" shall
    31  mean water use by a public water supply system.
    32    4.  Revenue received from the reporting fees shall be deposited to the
    33  credit of the environmental  protection  fund  established  pursuant  to
    34  section ninety-two-s of the state finance law.
    35    § 2. This act shall take effect April 1, 2009.
 

    36                                  PART DDD
 
    37    Section  1.  The environmental conservation law is amended by adding a
    38  new section 71-0213 to read as follows:
    39  § 71-0213. Mandatory surcharge.
    40    1. Whenever proceedings result in a conviction for  an  offense  under
    41  this chapter there shall be levied, in addition to any sentence required
    42  or  permitted  by  law,  the  following mandatory surcharges: (a) in the
    43  amount of twenty-five dollars for violations of sportfishing regulations
    44  set forth in 6 NYCRR 10; (b) in the amount of seventy-five  dollars  for
    45  all   other   offenses   under  this  chapter  provided,  however,  that
    46  convictions for offenses under articles seventeen, nineteen  or  twenty-
    47  seven of this chapter shall be subject to a mandatory surcharge equal to

    48  the  greater  of  seventy-five  dollars or six percent of any penalty or
    49  fine imposed.  The mandatory surcharge shall be paid to the clerk of the
    50  court who shall remit such mandatory surcharge to the state  comptroller
    51  provided,  however, that in cases where the conviction was rendered by a
    52  town or a village justice court, the clerk of such court shall pay twen-
    53  ty-five dollars of such surcharge to the chief  fiscal  officer  of  the
    54  town  or  village in the case of surcharges resulting from paragraph (b)

        S. 59--B                           97                          A. 159--B
 
     1  of this subdivision and ten dollars in the case of surcharges  resulting
     2  from  paragraph  (a)  of  this  subdivision  and shall pay the remaining

     3  amounts of such mandatory surcharges to the  state  comptroller  in  the
     4  same  manner  as provided in section 71-0211 of this article.  The comp-
     5  troller shall pay such monies into the state treasury to the  credit  of
     6  the general fund.
     7    2.  Any  person who has paid a mandatory surcharge under the authority
     8  of this section which is ultimately determined not  to  be  required  by
     9  this  section  shall be entitled to a refund of such mandatory surcharge
    10  upon application to the state comptroller. The state  comptroller  shall
    11  require  such  proof  as  is  necessary to determine whether a refund is
    12  required by law.
    13    § 2. This act shall take effect  immediately,  provided,  however  the

    14  provisions  of  this  act  shall  only apply to offenses committed on or
    15  after April 1, 2009.
 
    16                                  PART EEE
 
    17    Section 1. The New York  state  urban  development  corporation  shall
    18  submit for approval to the director of the budget a comprehensive finan-
    19  cial  plan  for  the  corporation and its subsidiaries for expenditures,
    20  regardless of source, including but not limited to those from  the  debt
    21  service account, the excess debt service account, the housing repair and
    22  modernization fund account, the interest income account, and the econom-
    23  ic  development  income  account,  in such detail as the director of the
    24  budget may require. The director of the budget shall file copies of such
    25  financial plan with the senate finance committee, the assembly ways  and
    26  means  committee  and  the department of audit and control in both paper

    27  and electronic format.
    28    § 2. 1. Notwithstanding any provision of law to the contrary, the  New
    29  York  state  urban  development corporation shall establish accounts and
    30  subaccounts within the treasury of such corporation which shall  reflect
    31  and  consist  of  all  funds  made available to such corporation, at any
    32  time, from any sources for its corporate purposes.  Such  account  shall
    33  consist of, but not be limited to, the following:
    34    (i)  general  and  administrative accounts, which shall consist of all
    35  funds made available for the operational expenses of such corporation;
    36    (ii) general and administrative accounts of certain subsidiary  corpo-
    37  rations,  which shall consist of all funds made available for the opera-
    38  tional expenses of the  mortgage  loan  enforcement  and  administration
    39  corporation  and  the  42nd  street  development  project, incorporated,

    40  provided, however, that such subsidiary shall be established as a  sepa-
    41  rate account;
    42    (iii)  debt  service  account,  which  shall consist of all funds made
    43  available for debt service payments on  the  outstanding  general  obli-
    44  gations  of  the  corporation  where the original issue of such bonds or
    45  notes was prior to April 1,  1976,  and  including  any  refinancing  or
    46  renewal of such bonds and notes, provided such account shall not, in any
    47  manner,  reduce  any  debt  service reserve fund below a level agreed to
    48  pursuant to a statute, covenant or other  contract  between  the  corpo-
    49  ration and such bondholders or noteholders;
    50    (iv)  excess  debt  service  account, which shall consist of all funds
    51  made available from the net savings achieved as a result of the  refund-
    52  ing  of  the  corporation's general purpose bonds authorized pursuant to

    53  resolution number 96-ud-526 of the public authorities control board. Net
    54  savings shall be  determined  by  the  difference  between  annual  debt

        S. 59--B                           98                          A. 159--B
 
     1  service payments which would have been required pursuant to the refunded
     2  bonds  and the annual debt service payments for the corporation's corpo-
     3  rate purpose bonds issued to accomplish such refunding;
     4    (v) housing repair and modernization fund account, which shall consist
     5  of  funds  made available from the excess debt service account to assist
     6  in maintaining the residential and commercial portfolios of  the  corpo-
     7  ration as determined by the chairman of the corporation or his designee;
     8    (vi) buildout account, which shall consist of all funds made available
     9  for the payment of expenses associated with final settlements on remain-

    10  ing issues of construction costs and mortgage amounts on residential and
    11  nonresidential projects financed by the corporation;
    12    (vii)  project  repair  account, which shall consist of all funds made
    13  available for the maintenance, servicing or repairing of  real  property
    14  in  the residential, industrial and commercial portfolios of such corpo-
    15  rations;
    16    (viii) economic development income account, which shall consist of all
    17  payments, including payments to compensate for any funds, time or  other
    18  costs provided by the corporation in relation to nonresidential projects
    19  and all other reimbursable corporate service income from economic devel-
    20  opment  projects and payments which are provided to such corporation for
    21  purposes of repayment of funds in  respect  to  any  contract  or  other
    22  agreements entered into by the corporation which are attributable to any

    23  economic development project of the corporation, provided, however, that
    24  such  account  shall not include funds representing repayments which are
    25  to be returned to the  development  of  such  project  pursuant  to  any
    26  contract or other agreement entered into by the corporation;
    27    (ix)  economic  development  program and project accounts, which shall
    28  consist of all funds made available for  specific  economic  development
    29  programs  and  projects excluding any program or project authorized by a
    30  resolution or other action of the corporation prior to  April  1,  1976,
    31  and  excluding  any  residential  project,  provided, however, that each
    32  specified program and project shall be established as a separate account
    33  unless otherwise authorized pursuant to an appropriation;
    34    (x) new communities and community support account, which shall consist

    35  of all funds made available for, and all income received from the  Audu-
    36  bon and Radisson communities;
    37    (xi)  Roosevelt  Island  operating  corporation  account,  which shall
    38  consist of all funds made available for, and all  income  received  from
    39  the Roosevelt Island community;
    40    (xii)  interest  income  account,  which  shall  consist of all moneys
    41  earned by the corporation from investment of any funds available in  the
    42  accounts and subaccounts within the treasury of the corporation; and
    43    (xiii)  mortgage  servicing  fee  account,  which shall consist of all
    44  funds made available to the mortgage loan enforcement and administration
    45  corporation for the payment of  fees  to  the  housing  special  revenue
    46  account  of  the  miscellaneous special revenue fund associated with the
    47  provision of mortgage servicing activities by the  division  of  housing
    48  and community renewal.

    49    2.  The amounts deposited in any such account may be interchanged with
    50  any other account for purposes of  investment  and  may  be  commingled,
    51  provided,  however,  that  such interchange may not increase or decrease
    52  any account, other than the  debt  service  account,  and  the  interest
    53  income account, by more than five percent in the aggregate in the entire
    54  period  of any fiscal year of the corporation. Provided further, that in
    55  addition to any other specific exception provided for in  this  section,
    56  the  following exemptions to the above interchange provision shall apply

        S. 59--B                           99                          A. 159--B
 
     1  for the purposes of  the  debt  service  account,  the  interest  income
     2  account, the project repair account, the mortgage servicing fee account,

     3  the  general and administrative account of the mortgage loan enforcement
     4  and  administration  corporation,  excess  debt service account, housing
     5  repair and modernization fund account, Roosevelt Island operating corpo-
     6  ration account and the economic development income account:
     7    (i) Interchange from the debt service account  to  any  other  account
     8  shall be unlimited, but all such transfers from the debt service account
     9  shall  be  repaid  quarterly to such account on or before June 30, 2009,
    10  September 30, 2009, December 31, 2009 and March 31,  2010,  except  for:
    11  (A)  $30,762,000  which shall be transferred to the general and adminis-
    12  trative account from the debt service account during  the  state  fiscal
    13  year  commencing April 1, 2009, and such amount of $30,762,000 shall not
    14  be repaid to the debt service account; (B)  $2,000,000  which  shall  be

    15  transferred to the general and administrative account of the 42nd street
    16  development  project, incorporated and which shall be repaid pursuant to
    17  a repayment agreement as set out in paragraph (vi) of this subdivision.
    18    (ii) Interchange from the excess debt service account shall be  unlim-
    19  ited,  but all such transfers from the excess debt service account shall
    20  be repaid quarterly to such account on or before June 30, 2009,  Septem-
    21  ber 30, 2009, December 31, 2009, and March 31, 2010, except for:  (A) an
    22  amount  sufficient  to  fund  the  housing repair and modernization fund
    23  account to assist in maintaining the residential and commercial  portfo-
    24  lios of the corporation as determined by the chairman of the corporation
    25  or  his  designee; (B) an amount necessary to invest in the job develop-
    26  ment authority, as certified by the chairman of  the  authority  or  his

    27  designee, to provide funds in order to pay lawful debts of the authority
    28  provided  that  the corporation shall not make any payment or investment
    29  for the benefit of the authority unless and until it  has  independently
    30  verified  that the authority does not have sufficient funds available to
    31  pay its lawfully incurred  debts  and  obligations,  and  with  any  net
    32  savings  which  remain  and are available; (C) all remaining balances of
    33  funds contained in the excess debt service account shall be remitted  to
    34  the  credit  of  the state of New York general fund not later than March
    35  31, 2009.
    36    (iii) Interchange from the interest income account, other than to  the
    37  general  and administrative account of the mortgage loan enforcement and
    38  administration corporation, may be unlimited.
    39    (iv) Interchange to the project repair account from any account may be

    40  unlimited, and the corporation shall transfer up to $10,000,000 to  such
    41  account  from  any  account  during  the fiscal year commencing April 1,
    42  2009, and such amount up to $10,000,000 shall not be repaid.
    43    (v) Interchange between the general and administrative account of  the
    44  mortgage  loan  enforcement and administration corporation and any other
    45  account shall comply with the provisions specified herein,  except  that
    46  up  to  $1,700,000  shall  be transferred to such subsidiary corporation
    47  during the fiscal year commencing April 1,  2009  and  any  such  amount
    48  shall not be repaid.
    49    (vi)  An  advance  up  to $2,000,000 may be made from the debt service
    50  account to the general and administrative account  of  the  42nd  street
    51  development  project,  incorporated, provided, however, that before such
    52  advance is made the New York state urban development  corporation  shall

    53  enter  into  an  agreement with the director of the budget providing for
    54  repayment of such advance. Subject to the approval of  the  director  of
    55  the  budget,  and  notification  of  the chairs of the assembly ways and
    56  means and the senate finance committees in  both  paper  and  electronic

        S. 59--B                           100                         A. 159--B
 
     1  format,  the  corporation is hereby authorized to expend revenues of the
     2  project for services and expenses of the corporation. The  total  amount
     3  expended  by the 42nd street development project, incorporated shall not
     4  exceed  $2,000,000  and any unexpended project revenues shall be used to
     5  reduce the total advance provided to the project from the  debt  service
     6  account.
     7    (vii)  Interchange  from  the  debt  service  account  to the mortgage

     8  servicing fee account of the  mortgage  loan  enforcement  and  adminis-
     9  tration  corporation  shall comply with the provisions specified herein,
    10  except that up to $2,838,000  shall  be  transferred  to  such  mortgage
    11  servicing  fee  account  during the fiscal year commencing April 1, 2009
    12  and such amount shall not be repaid. Prior  to  the  allocation  of  any
    13  moneys  from  the  debt  service  account to the 42nd street development
    14  project, incorporated, and the mortgage loan  enforcement  and  adminis-
    15  tration  corporation  for the fiscal year commencing April 1, 2009, each
    16  corporation shall submit for approval to the director of the  budget,  a
    17  comprehensive  financial plan for each corporation for such fiscal year,
    18  in such detail as the director of the budget shall require in both paper
    19  and electronic format. The financial plan  shall  be  submitted  to  the

    20  budget  director  on  or before May 15, 2009. A report for each plan and
    21  any plan update, if necessary, shall be submitted to the director of the
    22  budget on or before August 15, 2009, November 15, 2009 and February  15,
    23  2010. Each such report shall provide the actual revenue and expenditures
    24  for  the preceding quarters ending June 30, 2009, September 30, 2009 and
    25  December 31, 2009, in such detail as the director of  the  budget  shall
    26  require.  Further,  any  plan  update shall revise, where necessary, the
    27  revenue and expenditure plan for each corporation for the  remainder  of
    28  the  fiscal  year  beginning  April  1, 2009. No transfer to the general
    29  administrative account of the  corporation  shall  occur  prior  to  the
    30  approval  of  the  financial  plan  and  unless  in  compliance with the
    31  approved financial plan.

    32    The director of the budget shall file copies of such financial  plans,
    33  quarterly  reports and any plan updates with the department of audit and
    34  control and the senate finance committee and the assembly ways and means
    35  committee in both paper and electronic format. Interchange made  to  the
    36  debt  service  account  shall not be repaid if such payment would reduce
    37  any debt service or debt service reserve requirements below  any  amount
    38  required  pursuant  to a covenant, contract or other agreements with the
    39  bondholders and noteholders. No payments or deposits shall be made  from
    40  any  debt service reserve fund established pursuant to the provisions of
    41  section 20 of the New York state urban development  corporation  act  to
    42  any  account of the corporation other than the debt service account; and
    43  such payment or deposit shall only occur if deemed necessary to meet the

    44  payments specified in the debt service account described herein.
    45    Provided further, (a) that such investment shall be made  pursuant  to
    46  the  provisions  of  subdivision  22  of section 5 of the New York state
    47  urban development corporation act; (b) that  such  investment  shall  be
    48  made  in a fashion which shall enable the corporation to timely meet its
    49  obligations; (c) that such investment shall be specified in each account
    50  in respect to the amount contributed, and that upon termination of  such
    51  investment each account shall be reimbursed. Such account and subaccount
    52  shall  be  included  in  detailed  quarterly  reports of the corporation
    53  commencing with the quarterly report for the period immediately  preced-
    54  ing  April  1,  2009  which  set  forth the status of all such accounts,
    55  including for each account and subaccount the amount in such accounts at

    56  the beginning of such quarter (from and including the entire  period  of

        S. 59--B                           101                         A. 159--B
 
     1  the  first  day  of  the  operative calendar year), the payments of such
     2  accounts, the payments  from  such  accounts  and  the  amount  in  such
     3  accounts at the close of such quarter (to and including the entire peri-
     4  od  of the last day of the operative calendar year). Such detailed quar-
     5  terly report shall be prepared and submitted within 30 days of the close
     6  of each fiscal quarter of the corporation to the director of the budget,
     7  and the chair of the senate finance  committee  and  the  chair  of  the
     8  assembly  ways  and means committee in both paper and electronic format.
     9  Such accounts and subaccounts shall be detailed in the annual report  of
    10  the corporation.

    11    No  disbursements or payments shall be made from the economic develop-
    12  ment income account or the interest income account except upon a request
    13  for the transfer of such funds to the director of the budget  who  shall
    14  file  such request and approval thereof with the department of audit and
    15  control and copies thereof with the senate  finance  committee  and  the
    16  assembly  ways  and means committee in both paper and electronic format,
    17  except that such prior approval shall not  be  required  in  respect  to
    18  repayments  to the state. Any amounts in any debt service reserve funds,
    19  any inconsistent provisions of law notwithstanding, established  by  the
    20  corporation  pursuant  to  the  provisions of section 20 of the New York
    21  state urban development corporation act,  which  would  not  reduce  the
    22  amount  of  such  fund  or  funds to less than (1) the maximum amount of

    23  principal and interest maturing and becoming due  in  2009  or  (2)  any
    24  amount required pursuant to a covenant, contract or other agreement with
    25  bondholders  and  noteholders  shall  be  paid by the corporation to the
    26  state comptroller for deposit to the credit of the general fund  of  the
    27  state  on  or  before March 1, 2010.   In the event that the corporation
    28  shall fail to make such payment, the comptroller shall withhold from any
    29  appropriations otherwise available to the corporation, the amount suffi-
    30  cient to pay to the general fund the amounts required to be paid by  the
    31  corporation  pursuant to the foregoing provisions. The state comptroller
    32  shall create accounts for each item of appropriation.
    33    § 3. This act shall take effect April 1, 2009; provided,  however,  if
    34  this  act  shall become a law after such date it shall take effect imme-

    35  diately and shall be deemed to have been in full force and effect on and
    36  after April 1, 2009; and provided further that sections one and  two  of
    37  this act shall expire and be deemed repealed March 31, 2010.
    38    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    39  sion,  section  or  part  of  this act shall be adjudged by any court of
    40  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    41  impair,  or  invalidate  the remainder thereof, but shall be confined in
    42  its operation to the clause, sentence, paragraph,  subdivision,  section
    43  or part thereof directly involved in the controversy in which such judg-
    44  ment shall have been rendered. It is hereby declared to be the intent of
    45  the  legislature  that  this  act  would  have been enacted even if such
    46  invalid provisions had not been included herein.

    47    § 3. This act shall take effect immediately  provided,  however,  that
    48  the  applicable  effective date of Parts A through EEE of this act shall
    49  be as specifically set forth in the last section of such Parts.
Go to top