S6258A-2011 Actions

• Mar 30, 2012: SIGNED CHAP.58
• Mar 30, 2012: DELIVERED TO GOVERNOR
• Mar 28, 2012: returned to senate
• Mar 28, 2012: passed assembly
• Mar 28, 2012: motion to amend lost
• Mar 28, 2012: ordered to third reading rules cal.24
• Mar 28, 2012: substituted for a9058d
• Mar 28, 2012: referred to ways and means
• Mar 28, 2012: DELIVERED TO ASSEMBLY
• Mar 28, 2012: PASSED SENATE
• Mar 28, 2012: ORDERED TO THIRD READING CAL.472
• Mar 25, 2012: PRINT NUMBER 6258D
• Mar 25, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Mar 11, 2012: PRINT NUMBER 6258C
• Mar 11, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Feb 17, 2012: PRINT NUMBER 6258B
• Feb 17, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Feb 10, 2012: PRINT NUMBER 6258A
• Feb 10, 2012: AMEND AND RECOMMIT TO FINANCE
• Jan 17, 2012: REFERRED TO FINANCE

S6258A-2011 Votes

S6258A-2011 Memo

BILL NUMBER:S6258

TITLE OF BILL:

An act
to authorize funding for the Consolidated Local Street and Highway
Improvement Program (CHIPS) and Marchiselli program for state fiscal
year 2012-2013; to amend chapter 329 of the laws of 1991, amending the
state finance law and other laws relating to the establishment of the
dedicated highway and bridge trust fund; and to amend chapter 60 of the
laws of 2011, authorizing funding
for the Consolidated Local Street and Highway Improvement
Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012
and amending
chapter 329 of the laws of 1991, amending the state finance
law and other
laws relating to the establishment of the dedicated highway and
bridge trust fund, in relation to the effectiveness thereof
(Part A);
to amend the highway law and the state finance law, in relation to
modifying the distribution of certain funds
(Part B);
to amend the transportation law, in relation to enacting a performance
based bus inspection program
(Part C);
to amend the
vehicle and traffic law,
in relation to commercial driver's
licenses and medical certifications; and to repeal paragraph (f)
of subdivision 3 of section 510-a of the vehicle and traffic law,
relating to commercial driver's licenses
(Part D);
to amend the public authorities law, in relation to notes, bonds and
other obligations of the metropolitan transportation authority,
Triborough bridge and tunnel authority and New York city
transit authority
(Part E);
to amend vehicle and traffic law
in relation
to establishing
an additional
retention rate for county clerks
acting as an agent of the
department of motor vehicles based
upon internet transactions
(Part F);
to amend the transportation law, the vehicle and traffic law, the
general municipal law, the environmental conservation law and the
executive law, in relation to federal revenue; and repealing section 214
of the transportation law relating thereto
(Part G);
to amend the environmental conservation law, in relation to the

regulation of various fish and wildlife licenses, permits and fees; and
repealing certain provisions of such law relating thereto
(Part H);
to amend the public service law, in relation to eliminating state
regulation of VoIP service in order to facilitate competition and ensure
consumers receive the maximum benefit of competition
(Part I);
to amend the environmental
conservation law, in relation to
hazardous waste program fees and
surcharges
(Part J);
to amend the state finance law and the public authorities law, in
relation to the sewage treatment and drinking water funds and the
water pollution control and drinking water revolving funds
(Part K);
to amend the agriculture and markets law, in relation to seed testing
(Part L);
to amend the agriculture and markets law, in relation to fees for
services
(Part M);
to amend the agriculture and markets law, in relation to food processing
license fees; and to repeal subdivision 4 of
section 128-a and subdivision
3 of section 133-a of the agriculture and markets law and section 90-b
of the state finance law relating to the commercial feed licensing fund
(Part N);
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 O);
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 P);
to amend chapter 35 of the laws of
1979,
relating
to appropriating funds to the New York state urban development
corporation for the acquisition and initial planning of convention and
exhibition center
facilities in New York county, in relation
to
additional powers of such
corporation
(Part Q);
to amend chapter 393 of the laws of 1994, amending the New York state
urban development corporation act, relating to the powers of the New
York state urban
development corporation to make loans, in relation to the
effectiveness thereof

(Part R);
to repeal subdivision 3 of section 16-m of the New York state urban
development corporation act, in relation to extending certain provisions
relating to the empire state economic development fund
(Part S);
to amend the New York state urban development corporation act, relating
to the powers of the New York state urban development corporation to
make grants
(Part T);
to amend the state finance law, in relation to the excelsior linked
deposit act
(Part U);
to authorize the department of health to finance certain activities with
revenues generated from an assessment on cable television companies
(Part V);
to amend the general business law and the real property law, in relation
to increasing the term of licensure and registration from two to four
years
(Part W);
to amend the racing, pari-mutuel
wagering and breeding law, in
relation to presenting
uncashed pari-mutuel
vouchers within a prescribed period of time
(Part X);
to amend the racing, pari-mutuel
wagering and breeding law and the
public officers law, in relation
to employment of officials at harness race
meetings
(Part Y);
to amend the
agriculture and markets law, in relation to authorizing the creation of
a dairy research and education order
(Part Z); and
to amend public authorities law, in relation to the recovery of state
governmental costs from public authorities and public benefit
corporations
(Part AA)

PURPOSE:

This bill contains provisions needed to implement the Transportation,
Economic Development and Environmental Conservation portions of the
2012-13 Executive Budget.

This memorandum describes Parts A through AA the bill which are
described wholly within the parts listed below.

Part A - Provide the annual authorization for the CHIPS and
Marchiselli programs.

Purpose:

This bill would authorize funding for the Consolidated Local Street
and Highway Improvement Program (CHIPS) and Marchiselli program for
State Fiscal Year 2012-13, and would extend, for one year, the
eligibility of certain highway work types for CHIPS reimbursement.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The CHIPS program is a local highway and bridge program that provides
State funds to local governments for the purpose of reimbursing local
government spending on construction, reconstruction, or improvement
of highways, bridges, highway-railroad crossings, and other local
facilities that are not part of the State highway system. The
Marchiselli program (also known as the Municipal Streets and Highways
Program) is a local highway program that provides municipalities with
State matching funds for local Federal Highway Aid projects. This
bill would authorize the CHIPS and Marchiselli Capital Aid Programs
to counties, cities, towns and villages for State Fiscal Year 2012-13
at approximately $363.1 million and $39.7 million, respectively.

In addition, the bill would extend the eligibility of certain highway
work types for CHIPS reimbursement through March 31, 2013. These work
types, which provide a cost effective way for local governments to
preserve highway infrastructure, were made eligible for CHIPS until
March 31, 2012 in the 2011-12 Enacted Budget.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, because annual authorization is required for these programs.

Effective Date:

This bill takes effect immediately.

Part B - Consolidate the Department of Transportation's Accident
Damage Account with the Dedicated Highway and Bridge Trust Fund.

Purpose:

This bill would consolidate the revenues and disbursements of the
Accident Damage Account with the Dedicated Highway and Bridge Trust
Fund.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This proposal would consolidate highway and bridge maintenance
activities funded by the non-statutory Accident Damage Account with
maintenance activities funded within the Dedicated Highway and Bridge

Trust Fund (Trust Fund). The remaining fund balance in the Accident
Damage account would be shifted to the Trust Fund. Revenues from
accident damage recoveries would also be deposited into the Trust
Fund, thereby improving the Fund's debt service coverage ratio, which
allows for the issuance of
additional Trust Fund bonds to finance transportation projects. The
Accident Damage account would be administratively eliminated by the
Department of Transportation.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. The dedication of additional revenue would improve the annual
debt service coverage ratio of the Trust Fund and reduce General Fund
support for the Trust Fund by $5.9 million in 2012-13. This proposal
would also consolidate State highway repair and maintenance expenses
into a single fund by eliminating an administrative special revenue
fund.

Effective Date:

This bill takes effect April 1 , 2012.

Part C - Implement a performance-based bus inspection program.

Purpose:

This bill would implement a performance-based bus inspection program
to enhance safety and compliance and more efficiently utilize
Department of Transportation (DOT) staffing resources.

Statement in Support, Summary of Provisions. Existing Law,
and Prior Legislative History:

This proposal would modify the current semi-annual inspection process
to allow the Commissioner of Transportation to implement a
performance-based inspection program that would increase inspection
and compliance efforts for vehicle operators with the lowest
compliance rates while performing less frequent inspections for those
operators with the highest compliance rates. The net effect of the
proposal would be both increased public safety and less overtime
worked by State bus inspection staff.
Program details including compliance tiers would be developed and
promulgated through Department rules and regulations. Existing
Transportation Law requires the Department to inspect each passenger
bus every 6 months.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget and will lower expenses by approximately $665,000 in 2012-13
and at least $782,000 on an annualized basis.

Effective Date:

This bill takes effect April 1, 2012.

Part D - Conform the Vehicle and Traffic Law to federal requirements
governing operators of commercial motor vehicles and medical
certification requirements pertaining to such operators.

Purpose:

This bill would amend Vehicle and Traffic Law to bring New York State
into compliance with the Federal Motor Carrier Safety Improvement Act
of 1999 with respect to medical certifications for commercial
driver's license (CDL) holders.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Federal Motor Carrier Safety Administration has notified the
Department of Motor Vehicles (DMV) that notwithstanding the enactment
of Chapter 58 of the Laws of 2011 , New York was still not in full
compliance with the Federal Motor Carrier Safety Improvement Act of
1999, because that chapter required the suspension rather than
downgrade of CDLs under certain circumstances. This proposal would
address existing deficiencies and thereby enable New York to retain
federal funding.

Effective January 30, 2012, new CDL applicants are required to
self-certify to DMV regarding the type of driving they will perform
and, if appropriate, that they are not subject to the federal
physical qualification rules. They also must submit a valid medical
certificate and, if applicable, a valid medical variance to DMV. In
addition, existing CDL holders are required to self-certify to DMV
regarding the type of driving they perform and, if appropriate, that
they are not subject to the federal physical qualification rules.
CDL-holders who are subject to the physical qualification requirements
will have to submit a valid medical certificate and, if applicable, a
valid medical variance to DMV.
Under the federal rules, DMV must "downgrade" not suspend a CDL if a
driver fails to provide the required self-certification and/or
medical certificate/variance to DMV. This legislation would give DMV
the authority to implement these federal mandates.

Budget Implications:

Failure to enact this legislation could result in the loss of $33
million in federal highway funds.

Effective Date:

Sections 1 through 4 of this bill take effect immediately; section 5
takes effect sixty days following enactment.

Part E - Raise the statutory limit on the amount of bonds, notes and
other obligations the MTA, the New York City Transit Authority
(NYCTA), and the Triborough Bridge and Tunnel Authority (TBTA) may
issue.

Purpose:

This bill would help fund the remaining three years of the 2010-2014
capital program plan of the Metropolitan Transportation Authority (MT
A), by raising the statutory limit $7 billion, from $34.877 billion
to $41.877 billion, for the amount of bonds, notes and other
obligations the MT A, the New York City Transit Authority (NYCTA),
and the Triborough Bridge and Tunnel Authority (TBTA) may issue.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Capital Program Review Board (CPRB) approved MTA capital plan for
the period 2010 to 2014 includes approved full funding sources only
for the first two years of the capital program. MTA's January 2012
funding proposal to the CPRB for the three remaining years of the
2010-2014 MTA capital plan includes, among other funding sources,
the proposed issuance of additional bonds. notes or other
obligations. This bill would provide statutory bonding capacity
sufficient to allow (though not require) issuance of the full amount
of bonds, notes and other obligations of MTA. NYCTA, and TBTA
contemplated in MTA's proposed funding package for years 2012 - 2014
of the MTA capital program.

The State has historically raised the MTA's bond cap authorization to
coincide with the approval of the MTA's five-year capital programs.
The cap was last raised in 2010 from $28.9 billion to $34 billion to
ensure funding for the first two years of the MTA's 2010-14 capital
program. In 2006, the cap was raised from $16.5 billion to $28.9
billion to provide sufficient funding for the MTA's 2005-2009 capital
program. In 2000, the cap was raised from $6 billion to $16.5 billion
to provide sufficient funding for the MTA's 2000-2004 capital program.

Budget Implications:

Enactment of this bill is necessary to fund the remaining three years
of the MTA's 2010-14 capital program. While the issuance of
additional debt pursuant to this bill's raised limit would increase
the amount of debt service payable by MTA in the future, the MTA
anticipates that it would use funds currently budgeted as
pay-as-you-go funding to make debt service payments on the additional
debt. MTA expects to repay approximately $7.0 billion in existing
and planned principal over the 2012-2019 period through normal
amortization thereby maintaining a growing. but manageable debt level.

Effective Date:

This bill takes effect immediately.

Part F - Establish an additional retention rate for county clerks
acting as an agent of the Department of Motor Vehicles based upon
internet transactions.

Purpose:

This bill would provide that county clerks would retain a percentage
of motor vehicle fees collected as the result of internet
transactions.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Section 205 of the Vehicle and Traffic Law (VTL) provides that 51
county clerks act as agents of the Commissioner of Motor Vehicles.
These clerks register and title motor vehicles, issue drivers
licenses and perform other critical functions that are also performed
in the state-run motor vehicle offices. Currently, VTL �205(3)
provides that the clerks shall retain 12.7 percent of the gross
receipts collected in their offices.

In recent years, DMV's customers have dramatically increased the use
of the Internet.
For example, almost 30% of registration renewals are done via the
Internet. This serves two purposes: it reduces the number of
individuals who must wait on line in state and county offices and it
enhances customer service.

One result of the increased use of internet services is that county
clerks collect less revenue from motor vehicle transactions. This
proposal would assist the clerks by allowing clerks to retain a
percentage of internet revenue generated by transactions performed by
residents of a given county. Specifically, a clerk would retain 4
percent of fees above the baseline number collected via internet
transactions for calendar year 2011 in that county.

This bill would ameliorate the reduction in motor revenue incurred by
the clerks due to the rise in internet transactions. As technologies
develop, it is anticipated that the number and type of transactions
available through DMV's website will continue to expand. Providing
DMV's county clerk agents with a modest share of revenue derived from
internet transactions removes an artificial barrier to the clerks'
ability to support new technology based initiatives, and allows them
to share in the resulting savings and efficiencies.

Section 1 of this bill would provide that each county clerk shall
retain 4 percent of "enhanced internet and electronic partner
revenue" collected by the commissioner. The share of enhanced
internet and electronic partner revenue retained by each county clerk
would increase or decrease depending upon the amount of revenue

actually delivered to such county clerk during calendar years 2012
and 2013, but in no event would a county clerk's share of the
enhanced internet and electronic partner revenue be lower than 2.5
percent or higher than 6 percent. For purposes of this bill,
"enhanced internet and electronic partner revenue" means the amount
of gross receipts attributable to all transactions conducted on the
Internet by residents of such county and by
designated partners of the department on behalf of such residents for
the current calendar year that exceeds the amount of such revenue
collected by the Commissioner during calendar year 2011.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it will increase revenue to county clerks by $500k in
calendar years 2012 and 2013 and encourage county clerks to support
new State technology based initiatives.

Effective Date:

This bill takes effect April 1, 2012.

Part G - Ensures State compliance with Federal motor carrier
regulations issued by FMSCA and prevents the loss of half the State's
Federal MCSAP funding.

Purpose:

This bill would allow the State's highway safety programs to avoid
over $4 million of annual revenue losses by ensuring State compliance
with Federal Motor Carrier Safety Administration (FMCSA) rules.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

A Federal audit of New York State law has found several discrepancies
between Federal motor carrier safety rules and State law. This
proposal will bring State law into conformance and will allow the
State to avoid over $4 million in annual Federal revenue loss. Motor
Carrier Safety Assistance Program (MCSAP) grants are used to support
State motor carrier compliance reviews; conduct roadside inspections;
enforce violations noted in roadside inspections, and ensure that new
trucking firms pass a safety audit to receive permanent registration.

Sections 1 through 5 expand the variety of entities covered by the
State's law in accordance with Federal regulations (49 CFR 390.3).
Section 4 changes the period of time for which a commercial vehicle
may display an out-of-state or Canadian province certificate of
inspection from six months from the date issued to twelve months.
Section 6 expands coverage of hours of service rules for commercial
motor vehicle drivers to private carriers in accordance with 49 CFR
395.1(a). Section 7 subjects all motor buses operated by a public

authority within the jurisdictional area of such public authority to
the maximum driving and on-duty time rules for commercial motor
vehicle drivers in accordance with 49 CFR 395.5. Section 8 changes
record-keeping provisions in accordance with 49 CFR 395.8(k)(2).
Section 9 eliminates the exceptions to the hours of service rules
that conflict with the Federal hours of service rules in 49 CFR 395.1.

Section 10 deletes the definitions of hazard classes and provides that
the rules governing the transport of hazardous materials will be set
forth in the rules and regulations promulgated by the Department of
Transportation (these rules and regulations will comply with 49 CFR
171-173). Sections 11 through 16 are technical amendments that change
references of "interstate commerce commission" to "United States
department of transportation" to conform to Federal Motor Carrier
Safety Administration rules. Sections 17 through 20 are technical
amendments to conform other State laws to this proposal. This is a
new proposal.

Budget Implications:

This proposal would ensure State compliance with Federal highway
regulations, thereby avoiding Federal penalties and saving the State
$2.1 million in 2012-13 and $4.2 million annually thereafter.

Effective Date:

This bill takes effect April 1, 2012.

Part H - Eliminate certain tagging requirements, streamline various
fish and wildlife licenses, permits and associated fees and extend
the authority of the Department of Environmental Conservation to
collect fees for ocean quahogs taken from all certified waters.

Purpose:

This bill would eliminate certain tagging requirements, streamline
requirements with respect to various fish and wildlife licenses,
permits and associated fees, and extend the authority of the
Department of Environmental Conservation (DEC) to collect fees for
ocean. quahogs taken from all certified waters.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would streamline DEC services allowing the agency to operate
more efficiently and provide services to the general public in the
most uncomplicated manner as possible while still preserving the
legislative intent of various statutes.

The provisions in this bill would amend the Environmental Conservation
Law (ECL) by:

o Eliminating the requirement for a license to collect or possess
birds' nests or eggs;
o Waiving the requirement for a DEC permit if a depredation permit
(issued to address wildlife or game bird nuisances) has been issued
by the U.S. Department of Interior;
o Adding muskrats to the list of nuisance animals that may be taken
without a permit;
o Exempting municipalities from the fee for a nuisance wildlife
control operator license;
o Eliminating the $5 fee on permits for the possession for use of a
firearm in or on a motor vehicle by a non-ambulatory person;
o Eliminating various tagging requirements;
o Increasing the length of the term from one to five years for
domestic game bird breeder's licenses, shooting preserve licenses and
domestic game animal breeder's licenses, while reducing the fee per
year for such licenses;
o Increasing the length of the term from two to five years for
falconry licenses, while reducing the fee per year for such licenses;
and
o Extending until April 1 ,2016, DEC's authority to collect
fifteen cents per bushel of surfclams and ten cents per bushel of
ocean quahogs.

Under existing law, ECL Article 11 requires, among other things, (i)
the tagging of various fish and wildlife and (ii) various licenses
and permits for the handling of fish and wildlife. ECL Article 13
provides that DEC, until April 1, 2010, shall be entitled to collect
fees on surfclams and ocean quahogs taken from certified waters.

Budget Implications:

Enactment of this bill is necessary to implement the 2013 Executive
Budget because it would result in reduced administrative effort and
streamline services. All of the fees addressed in this bill
collectively generate revenue of approximately $70,000 annually,
which are deposited into the Conservation Fund. Elimination of
certain fees and permits as well as adjustments to permit and license
terms, as required under the bill, would reduce overall revenue but
with a corresponding reduction in administrative workload.
Additionally, since 2006, DEC has collected between $45,000 and
$61,000 annually in fees for surfclams and ocean quahogs, which are
then deposited into the Surfclam/Ocean Quahog Account of the
Conservation Fund. These funds are used to conduct population surveys
and stock assessments on the surfclam/ocean quahog fishery.

Effective Date:

This bill takes effect immediately.

Part I - Clarify that the State does not regulate Voice over Internet
Protocol (VoIP) service, in order to facilitate competition for the
benefit of consumers and businesses alike.

Purpose:

This bill would clarify that the Public Service Commission and other
State agencies do not have authority to regulate rates or other terms
of service related to Voice over
Internet Protocol (VoIP) service. New York State consumer protections
would not be impacted by this bill.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill clarifies in State law the role of State agencies with
respect to regulating VoIP, a technology that allows customers to
make phone calls using a broadband internet connection instead of a
regular (or analog) phone line.

VoIP offers an economical and reliable alternative to traditional
networks for providing communication connections. This bill would
benefit rural residents and businesses by:
(i) making it less expensive for telecommunication companies to extend
broadband communication systems to rural areas; (ii) allowing remote
businesses to transform the way they do business; and (iii)
facilitating higher paying information age jobs. The bill would also
further promote competition among the different types of
communication services currently available in all areas of the State.

This bill does not affect the State's authority to enforce federal
requirements, to the extent applicable, with respect to 911
facilities, "Enhanced 911" fees, telecommunications relay service,
and federal Universal Service Fund fees. New York State's consumer
protection laws, including those barring unfair or deceptive trade
practices, continue to apply.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, because of the increased economic activity and investment
through expanded broadband deployment.

Effective Date:

This bill takes effect immediately.

Part J - Reduce costs on businesses by amending the formula for the
imposition of the fees on hazardous waste and hazardous wastewater to
incentivize the on site recycling of such waste.

Purpose:

This bill would amend the formula used in the Environmental
Conservation law (ECL), as previously amended in 2010, by exempting
from the fee requirement associated with the generation of hazardous

waste certain amounts of such waste that are recycled as a mechanism
to incentivize on-site recycling.

Statement in Support, Summary of Provisions. Existing Law, and
Prior Legislative History:

Existing law sets forth regulatory fees for the generation of
hazardous waste and hazardous wastewater. This bill would promote
on-site recovery and reuse and external sale of excess recovered
hazardous waste while still assessing the fee for hazardous waste and
hazardous wastewater on the amount of such materials actually
disposed of as a hazardous waste.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it will eliminate an unintended consequence of a 2010
ECL amendment.

Effective Date:

This bill takes effect immediately and shall apply to hazardous waste
program fee bills issued by the Department of Environmental
Conservation after January 1, 2012 for hazardous waste or hazardous
wastewater generated during calendar year 2011 or later.

Part K - Terminate unnecessary State Operating Fund support of the
Environmental Facilities Corporation with respect to the Clean Water
and Drinking Water State Revolving Funds.

Purpose:

This bill would eliminate State Operating Fund support of the
Environmental Facilities Corporation (EFC) with respect to the Clean
Water and Drinking Water State Revolving Funds, in a manner that
preserves (i) all existing channels of EFC's financial support of the
Departments of Environmental Conservation and Health, and (ii)
existing job levels at EFC. The bill would also eliminate duplicative
administrative functions at EFC and the Office of the State
Comptroller (OSC).

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

EFC - a financially self-sustaining authority - was established to
provide local governments with low cost financing associated with
constructing and maintaining drinking water and water pollution
control facilities. In general, EFC is funded by Federal
capitalization grants and State matching funds, loan repayments and
internally generated funds. The original purpose of the appropriation
at issue ($12 million) was to be a source of administrative cash flow
for EFC prior to EFC's receipt of similarly purposed Federal funds

from which reimbursement was provided by EFC back to the
State. Currently, EFC maintains two payroll systems, one through the
appropriation and another for its remaining off-budget employees.
EFC's on-budget appropriations have been used to meet a portion of
EFC's personal service (payroll) costs. All personal service payments
issued by OSC through this state appropriation are fully reimbursed
by EFC. Given its self-sustaining nature, EFC does not need support
from State Operating Funds.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, because it would result in reducing the overall size of State
Operating Funds by $12 million, while maintaining EFC's current
workforce levels, and eliminate the administrative burden associated
with EFC and OSC operating two separate payroll systems (one
off-budget and one on-budget).

Effective Date:

This bill takes effect immediately and shall be deemed to have been in
full force and effect on and after April 1, 2012.

Part L - Eliminate the mandate that the New York State Agricultural
Experiment Station be the exclusive seed testing entity in the State,
and allow testing to be conducted by the Department of Agriculture
and Markets or a qualified laboratory.

Purpose:

This bill would remove the current requirement that the New York State
Agricultural Experiment Station be the exclusive seed testing entity
in the State, and allow testing to be conducted by the Department of
Agriculture and Markets (Department) or a qualified laboratory.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Under existing law, the Department is required to submit seed samples
to the New York State Agricultural Experiment Station (NYSAES),
operated by Cornell University, for seed analysis and testing which
supports the Department's regulatory role and assures farmers,
homeowners and various businesses that the seed's quality is
consistent with its label. NYSAES can no longer accommodate the Seed
Testing Program. As such, this proposal would amend Agriculture and
Markets Law to allow seed testing to be performed by the Department
of Agriculture and Markets or a qualified laboratory. The Department
may be able to accommodate the seed testing responsibility when the
New York State Food and Metrology Laboratory is built and
operational, which is planned for
the Fall of 2012. In the interim, the Department would contract for
services with an alternative laboratory.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget as it would enable the Department to save $78,000 annually if
testing were performed by the Department or a qualified laboratory.
The 2011-12 Enacted Budget included $128,000 for the NYSAES.

Effective Date:

This bill takes effect immediately.

Part M - Provide the Department of Agriculture and Markets with more
comprehensive fee-for-service authority in order to recover normal
costs related to services provided to other states.

Purpose:

This bill authorizes the Commissioner of Agriculture and Markets
(Commissioner) to enter into contracts and cooperative agreements to
provide services of the Department of Agriculture and Markets
(Department) for a fee to governmental and educational entities when
it serves the public interest.

Statement in Support, Summary of Provisions, Existing Law.
and Prior Legislative History:

Under existing law, the Commissioner is authorized to enter into
contracts and cooperative agreements only to provide laboratory
services of the Department for a fee.
This bill will enable the Department to charge a fee for other
services that it currently performs. For example, this bill will
allow the Department to enter into contracts and cooperative
agreements with other states to conduct milk or food safety
inspections or assist with invasive species eradication and control
efforts, and charge the state for that service. Similarly, this bill
will allow the Department to conduct food safety training seminars at
educational facilities for a fee, which in turn will better enable
the regulated community to comply with food safety requirements.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it will allow the Department to recoup costs
associated with services it provides that are related to its core
mission.

Effective Date:

This bill takes effect immediately.

Part N - Redirect certain fees currently deposited to the Consumer
Food Account and the Commercial Feed Licensing Account to the General

Fund, as a result of the consolidation of these accounts into the
General Fund.

Purpose:

This bill would redirect certain fees currently deposited to the
Consumer Food Account and the Commercial Feed Licensing Account to
the General Fund, as a result of the consolidation of these accounts
into the General Fund.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Under existing law, food processing establishment license fees and
commercial feed tonnage and license fees are deposited into certain
Special Revenue Funds. In recent years, revenues from these fees have
not kept pace with the increasing costs of administering the
respective programs, resulting in a structural imbalance. This bill
would allow the respective license and tonnage fees collected by the
Department pursuant to Agriculture and Markets Law Article 8 and 20-C
to be deposited to the General Fund to offset the costs of inspection
and administration. This proposal, together with the shifting of
corresponding special revenue fund appropriations and costs to the
General Fund, would enable the Department to maintain existing levels
of food safety inspection and oversight.

This bill would also provide for a more efficient and less complicated
licensing renewal period schedule by replacing four food processing
license application periods with a rolling application schedule.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it provides a mechanism to allow the Department to
maintain existing levels of food safety inspection and oversight.

Effective Date:

This bill takes effect immediately.

Part 0 - Authorize and direct the Comptroller to receive for deposit
to the credit of the General Fund a payment of up to $913,000 from
the New York State Energy Research and Development Authority.

Purpose:

This bill would authorize and direct the Comptroller to receive for
deposit to the credit of the General Fund a payment of up to $913,000
from the New York State Energy Research and Development Authority
(NYSERDA).

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would authorize and direct the Comptroller to receive for
deposit to the credit of the General Fund a payment of up to $913,000
from NYSERDA from unrestricted corporate funds. The $913,000 transfer
will help offset New York State's debt service requirements relating
to the Western New York Nuclear Service Center (West Valley).
Chapter 60 of the Laws of 2011 provided a similar one year
authorization.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-2013
Executive Budget because it authorizes the Comptroller to accept from
NYSERDA $913,000 in payments to the General Fund as provided in the
Financial Plan.

Effective Date:

This bill takes effect immediately.

Part P - 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, and to finance the
Department of Environmental Conservation's climate change program,
from an assessment on gas and electric corporations.

Purpose:

This bill would authorize the New York State Energy Research and
Development Authority (NYSERDA) to obtain revenue for certain
programs from a special assessment on gas corporations and electric
corporations.

Statement in Support Summary of Provisions, Existing Law,
and Prior Legislative History:

The bill would authorize NYSERDA to finance its research, development
and demonstration, and policy and planning programs, and to finance
the Department of Environmental Conservation's climate change
program, from a special assessment on gas corporations and electric
corporations. Section 18-a of the Public Service Law authorizes the
Department of Public Service to assess gas corporations and electric
corporations for expenses related to administering Public Service Law
programs. This is a special assessment, in addition to the section
18-a assessment, which has been proposed annually as an Article VII
provision, and a similar bill was last enacted as Part Q of Chapter
60 of the Laws of 2011. Without this authorization, NYSERDA and DEC
could not continue to implement necessary programs in the 2012-13
State Fiscal Year.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it authorizes the collection of assessments to fund
NYSERDA's research, development and demonstration, and policy and
planning programs and, as set forth in the appropriation, DEC's
climate change program. A $16.2 million appropriation is included in
NYSERDA's budget for these programs.

Effective Date:

This bill takes effect immediately.

Part Q - Amend the Jacob K. Javits Convention Center enabling
legislation to authorize the disposal of adjacent properties.

Purpose:

This bill would amend the law authorizing the construction, expansion
and renovation of the Jacob K. Javits Convention Center (Javits
Center) to permit the Convention Center Development Corporation
(CCDC), a subsidiary of the New York State Urban Development
Corporation, to dispose of real and personal property.

Summary of Provisions, Existing Law, Prior Legislative History,
and Statement in Support:

CCDC owns multiple parcels of land at and adjacent to the Javits
Center site that may not be incorporated into or required for the
continued use or expansion of the Javits Center.

The bill would enable the CCDC to dispose of any property it owns that
is determined to be unnecessary for current or future expansion plans
for the Javits Center and to
transfer the proceeds from any disposition of such property to the
State's General Fund.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, which proposes that proceeds from the sale of land adjacent
to the Javits Center will be transferred to the State's General Fund.

Effective Date:

This bill takes effect immediately.

Part R - Make permanent the general loan powers of the New York State
Urban Development Corporation.

Purpose:

This bill would make permanent the general loan powers of the New York
State Urban Development Corporation (UDC).

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Chapter 393 of the Laws of 1994 provides UDC with the general power to
make loans.
This authorization has been renewed annually and is currently set to
expire on July 1, 2012. The sunset date has been extended each year
since 1997.

Absent enactment of this bill, UDC will only be authorized to make
loans in connection with certain State-funded economic development
programs that have statutory loan authorization.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, which assumes that UDC will provide certain economic
development assistance through loans. Absent this legislation, the
UDC could not fund approved loans being made by the Metropolitan
Economic Revitalization Fund.

Effective Date:

This bill takes effect immediately.

Part S - Make permanent the Empire State Economic Development Fund.

Purpose:

This bill would make permanent the Empire State Economic Development
Fund (EDF), one of the State's primary economic development grant and
loan programs for job creation and job retention.

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

This bill would eliminate the section of the New York State Urban
Development Corporation Act (UDC Act) that provides for the
expiration of the EDF, thereby making the EDF permanent.

The EDF was created in 1996 with the adoption of Section 16-1 of the
UDC Act, L.1996, c.309, �105. The EDF is the only economic development
program that contains a sunset provision. Elimination of the sunset
provision would permit UDC to fulfill prior commitments made through
this program to businesses and other stakeholders throughout the
State without interruption.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, which assumes new EDF funding as well as the continuity of
previously authorized EDF funding.

Effective Date:

This bill takes effect immediately and will be deemed to have been in
full force and effect on and after April 1, 2009.

Part T - Provide general grant-making power for the New York State
Urban Development Corporation.

Purpose:

This bill would add grant-making to the general powers of the New York
State Urban Development Corporation (UDC).

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

Currently, UDC's ability to make grants derives solely from the
program-specific sections of the New York State Urban Development
Corporation Act. These individual
program sections typically include program-specific loan-making and
grant-making authority. To further support and clarify the statutory
activities of UDC, the corporation was given the legal authority to
make loans without program-specific authorization in 1994. UDC has
relied on this general loan-making power to make loans using
available funds that do not relate to a program contained within the
UDC Act, such as the Metropolitan Economic Revitalization Fund.

Enactment of this bill is necessary to allow UDC to similarly make
grants with available funds for programs that are authorized outside
the UDC Act. Inclusion in the UDC Act of general grant-making power
is a logical corollary to its general loan-making power and would
provide UDC with the necessary authority to structure financial
assistance to businesses and other entities.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, portions of which appropriate funding for purposes related to
programs authorized outside of the UDC Act.

Effective Date:

This bill takes effect immediately.

Part U - Provide a 3 percent linked loan savings for agricultural
businesses.

Purpose:

This bill would provide a 3 percent linked loan savings for
agricultural businesses.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Linked Deposit Program helps New York State firms obtain
reduced-rate financing so they can undertake projects to improve
their competitiveness, market access and product development;
modernize their equipment; expand their facilities for productivity
growth; introduce new technologies; facilitate ownership transition;
and promote job creation and retention.

The Linked Deposit Program currently only provides for a 2 percent
reduction in interest rates for a 4 year period or a 3 percent
reduction for projects in a highly distressed area.
This bill would expand the Linked Deposit Program to ensure that
certain agricultural businesses will be eligible for a 3 percent
reduction in interest rates on linked deposit loans. Reduction of the
interest rate for agricultural businesses will benefit farms and
encourage growth in agriculture throughout the State.

Budget Implications:

Enactment of this bill is necessary to implement the 2013 Executive
Budget because it will stimulate growth in the agricultural sector
and create and retain jobs.

Effective Date:

This bill takes effect immediately.

Part V - Authorize the Department of Health to finance certain
activities with revenues generated from an assessment on cable
television companies.

Purpose:

This bill would authorize the Department of Health (DOH) to finance
public service education activities with revenues generated from an
assessment on cable television companies.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The bill would authorize certain expenditures of DOH as eligible
expenses for cable television assessment revenue. Section 217 of the
Public Service Law authorizes the Department of Public Service (DPS)
to assess cable television companies for DPS costs associated with
the regulation of cable television companies. This annual Article VII
bill also makes DOH public service education expenses, charged to the

special revenue cable television account, eligible for this funding.
Chapter 60 of the Laws of 2011 provided similar authorization.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-2013
Executive Budget because it ensures the recovery of public service
education expenses incurred by DOH, as provided for in the Financial
Plan. A $454,000 appropriation is included in DOH's budget for these
activities.

Effective Date:

This bill takes effect immediately.

Part W - Extends the renewal period for certain disciplines licensed
by the Department of State.

Purpose:

This bill would increase the renewal term for security guards and real
estate salespersons and brokers from two to four years and
correspondingly doubles the associated fee.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would amend the General Business Law and the Real Property
Law to extend the term for certain disciplines licensed and regulated
by the Department of State. Each renewal fee would be doubled as a
result of the extended licensing term.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-2013
Executive Budget as the State Financial Plan assumes approximately
$1.8 million in additional revenue from the implementation of its
provisions.

Effective Date

This bill takes effect immediately.

Part X - Make uncashed pari-mutuel vouchers subject to escheatment.

Purpose:

This bill would provide that all cash pari-mutuel vouchers must be
presented for payment before April 1st of the year following the
year of their purchase; if not presented, the funds will be paid to
the racing regulation account

Statement in Support, Summary of Provisions. Existing Law
and Prior Legislative History:

Uncashed pari-mutuel tickets are subject to escheatment if not
presented for payment by April 1st of the year following their year
of purchase. No provision in law is made for pari-mutuel vouchers
that are not presented for payment.

This bill would amend Sections 235, 301, 401, and 529 of the Racing,
Pari-Mutuel Wagering and Breeding Law to provide that all cash
pari-mutuel vouchers must be presented for payment before April 1st
of the year following the year of their purchase; if
not presented, the funds will be paid to the racing regulation account
established pursuant to Section 111 of the Racing, Pari-Mutuel
Wagering and Breeding Law.

Additionally, the bill would repeal existing subdivision a concerning
admission charges;
this quarterhorse racing provision was inadvertently not repealed with
corresponding thoroughbred and harness racing provisions (Chapter 211
of the Laws of 1999).

Budget Implications:

This bill would increase funds for the regulation of pari-mutuel horse
racing by an annualized value of $200,000.

Effective Date:

This bill takes effect immediately with authorization
for the promulgation of any rules necessary for timely implementation.

Part Y - Reduce Racing and Wagering Board employee costs.

Purpose:

This bill would authorize licensed harness racing
associations and corporations to appoint and employ the starter and
one of the officiating judges at parimutuel harness race meetings.

Statement in Support, Summary of Provisions, Existing Law
and Prior Legislative History:

This bill would more closely align the appointment and employment of
certain racing officials by the licensed track operator. One of the
three stewards as well as the starting-related employees at
thoroughbred race meetings are employed by the track operator.
Qualified and employable candidates should be readily available as
the corresponding positions would be abolished by the Racing and
Wagering Board. The abolition of positions would also alleviate the
so-called revolving door bar otherwise applicable pursuant to Public
Officers Law Section 73.8.

This bill would provide that the licensed harness racing associations
and corporations shall employ and appoint one associate judge and the
starter to serve at pari-mutuel harness race meetings.

Under current law, the Racing and Wagering Board designates and
employs all of the racing officials who supervise the conduct of live
pari-mutuel harness racing.

Budget Implications:

This bill would reduce the cost of racing regulation in the
approximate annualized amount of $829,000 based on salary, fringe
benefit and indirect costs at seven harness tracks.

Effective Date:

This bill takes effect ninety days after it becomes law.

Part Z - Enable the Commissioner of Agriculture and Markets to issue a
dairy research and education order to fund research for the purpose
of improving dairy industry production and increasing the efficiency
and profitability of the State's dairy industry.

Purpose:

This bill would enable the Commissioner of Agriculture and Markets to
issue a dairy research and education order to fund research for the
purpose of improving dairy industry production and increasing the
efficiency and profitability of the State's dairy industry.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Existing law provides for an industry-initiated and funded referendum
process to provide the Commissioner with approval to issue dairy
promotion orders associated with advertising and promotion of milk,
and post-production research to develop new and
improved dairy products. This bill would add another such referendum
process but for the purpose of funding farm level research and
education, with the goal of increasing the profitability of milk
production and the New York dairy industry in general.

The procedure established under the bill is similar to the statutory
procedures established with respect to dairy promotion orders, as
well as other promotion and research orders that are currently in
place for fruits and vegetables. Accordingly, the bill would
authorize the Commissioner, after due notice and opportunity for a
hearing, and subject to approval of fifty-one percent of milk
producers, to make and issue a dairy research and education order.
The bill would also specify requirements with respect to amending or
terminating any such research and education order, creating an
advisory committee, levying assessments against all milk producers

subject to the order, and providing for payments to institutions or
organizations engaged in research and/or educational activities that
would result in improved dairy production and farm profitability.

Budget Implications:

Enactment of this bill will ensure sufficient future funding to
support necessary dairy research and education once the order is
created, a process which may take a year to complete.

Effective Date:

This bill takes effect immediately.

Part AA - Increase cost recovery from public authorities to support
auditing and oversight work done by the Office of the State
Comptroller.

Purpose:

This bill would increase the amount of governmental costs assessed to
public authorities to support oversight.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Under current law, the State may assess public authorities up to $60
million to cover the costs of services provided to public
authorities. This bill would increase that amount to $62 million.

The Public Authorities Accountability Act of 2005 and the Public
Authorities Reform Act of 2009 increased transparency and
accountability of the State's public authorities and requires
enhanced oversight of authority activities. The increase in
assessments would support this oversight.

Budget Implications:

This bill is necessary to implement and balance the 2012-13 State
Budget by increasing the authority to collect revenues in an amount
commensurate with expected spending.

Effective Date:

This bill takes effect immediately.

The provisions of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

S6258A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 6258--A                                            A. 9058--A
 SENATE - ASSEMBLY
 January 17, 2012
 
 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
 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
 AN  ACT to authorize funding for the Consolidated Local Street and High
 way Improvement Program (CHIPS)  and  Marchiselli  program  for  state
 fiscal  year  2012-2013;  to  amend  chapter  329 of the laws of 1991,
 amending the state finance law and other laws relating to  the  estab
 lishment  of the dedicated highway and bridge trust fund; and to amend
 chapter 60 of the laws of 2011, authorizing funding  for  the  Consol
 idated  Local  Street  and  Highway  Improvement  Program  (CHIPS) and
 Marchiselli program for state fiscal year 2011-2012 and amending chap
 ter 329 of the laws of 1991, amending the state finance law and  other
 laws relating to the establishment of the dedicated highway and bridge
 trust  fund,  in  relation  to  the effectiveness thereof (Part A); to
 amend the highway law and the state finance law, in relation to  modi
 fying  the distribution of certain funds (Part B); to amend the trans
 portation law,  in  relation  to  enacting  a  performance  based  bus
 inspection  program (Part C); to amend the vehicle and traffic law, in
 relation to commercial driver's licenses and  medical  certifications;
 and  to  repeal paragraph (f) of subdivision 3 of section 510-a of the
 vehicle and traffic law,  relating  to  commercial  driver's  licenses
 (Part  D);  to amend the public authorities law, in relation to notes,
 bonds and other obligations of the metropolitan transportation author
 ity, Triborough bridge and tunnel authority and New York city  transit
 authority  (Part  E);  to amend vehicle and traffic law in relation to
 establishing an additional retention rate for county clerks acting  as
 an agent of the department of motor vehicles based upon internet tran
 sactions  (Part  F);  to amend the transportation law, the vehicle and
 traffic law, the general municipal law, the environmental conservation
 law and the executive law, in relation to federal revenue; and repeal
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD12673-02-2
 
       S. 6258--A                          2                         A. 9058--A
 ing section 214 of the transportation law relating thereto  (Part  G);
 to  amend the environmental conservation law, in relation to the regu
 lation of various fish and wildlife licenses, permits  and  fees;  and
 repealing certain provisions of such law relating thereto (Part H); to
 amend  the  public service law, in relation to eliminating state regu
 lation of VoIP service in order to facilitate competition  and  ensure
 consumers  receive  the  maximum  benefit  of competition (Part I); to
 amend the environmental conservation law,  in  relation  to  hazardous
 waste program fees and surcharges (Part J); to amend the state finance
 law  and  the public authorities law, in relation to the sewage treat
 ment and drinking water funds and  the  water  pollution  control  and
 drinking  water revolving funds (Part K); to amend the agriculture and
 markets law, in relation to seed testing (Part L); to amend the  agri
 culture and markets law, in relation to fees for services (Part M); to
 amend  the agriculture and markets law, in relation to food processing
 license fees; and to repeal subdivision 4 of section 128-a and  subdi
 vision  3  of  section  133-a  of  the agriculture and markets law and
 section 90-b of the state finance law relating to the commercial  feed
 licensing  fund  (Part  N); 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 O); 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 P);
 to amend chapter 35 of the laws of  1979,  relating  to  appropriating
 funds  to  the  New  York  state urban development corporation for the
 acquisition and initial planning of convention and  exhibition  center
 facilities  in  New  York  county, in relation to additional powers of
 such corporation (Part Q); to amend chapter 393 of the laws  of  1994,
 amending  the New York state urban development corporation act, relat
 ing to the powers of the New York state urban development  corporation
 to  make  loans, in relation to the effectiveness thereof (Part R); to
 repeal subdivision 3 of section 16-m  of  the  New  York  state  urban
 development   corporation   act,  in  relation  to  extending  certain
 provisions relating to the  empire  state  economic  development  fund
 (Part  S);  to  amend the New York state urban development corporation
 act, relating to the powers of the New York  state  urban  development
 corporation  to  make grants (Part T); to amend the state finance law,
 in relation to the excelsior linked deposit act (Part U); to authorize
 the department of health to finance certain activities  with  revenues
 generated  from  an assessment on cable television companies (Part V);
 to amend the general business  law  and  the  real  property  law,  in
 relation to increasing the term of licensure and registration from two
 to  four years (Part W); to amend the racing, pari-mutuel wagering and
 breeding law, in relation to presenting uncashed pari-mutuel  vouchers
 within  a  prescribed  period  of  time (Part X); to amend the racing,
 pari-mutuel wagering and breeding law and the public officers law,  in
 relation to employment of officials at harness race meetings (Part Y);
 to  amend  the agriculture and markets law, in relation to authorizing
 the creation of a dairy research and  education  order  (Part  Z);  to
 amend the public authorities law, in relation to the recovery of state
 governmental  costs  from public authorities and public benefit corpo
 rations (Part AA); to amend the public authorities law, in relation to
 the powers and duties of the dormitory authority of the state  of  New
 York (Part BB); and to amend the banking law, the business corporation
 law,  the  cooperative corporations law, the general associations law,
 
       S. 6258--A                          3                         A. 9058--A
 the limited liability company law, the not-for-profit corporation law,
 the partnership law and the private housing finance law,  in  relation
 to  facilitating  an  online  corporate filing system, simplifying the
 filing  of  corporate  documents  and  reducing  costs  and regulatory
 burdens on the state's businesses; and to repeal certain provisions of
 the business corporation law, the not-for-profit corporation law,  the
 partnership  law  and  the religious corporations law relating thereto
 (Part CC)
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  This  act enacts into law major components of legislation
 which are necessary to implement the state fiscal plan for the 2012-2013
 state fiscal year. Each component is  wholly  contained  within  a  Part
 identified as Parts A through CC. The effective date for each particular
 provision contained within such Part is set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ
 ing the effective date of the Part, which makes a reference to a section
 "of  this  act", when used in connection with that particular component,
 shall be deemed to mean and refer to the corresponding  section  of  the
 Part  in  which  it  is  found.

Section three of this act sets forth the
 general effective date of this act.
 PART A
 

Section 1. The sum of four hundred two million seven  hundred  ninety
 seven  thousand  dollars  ($402,797,000), or so much thereof as shall be
 necessary, and in addition to amounts previously appropriated by law, is
 hereby made available, in accordance with subdivision 1 of  section  380
 of  the  public  authorities  law as amended, according to the following
 schedule.  Payments pursuant to subdivision (a) of this section shall be
 made available as moneys become available for  such  payments.  Payments
 pursuant  to  subdivisions  (b)  and  (c)  of this section shall be made
 available on the fifteenth day of June, September, December and March or
 as soon thereafter as moneys become  available  for  such  payments.  No
 moneys  of  the state in the state treasury or any of its funds shall be
 available for payments pursuant to this section:

 SCHEDULE
 (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
 to municipalities for repayment of eligible costs of federal aid munici
 pal street and highway projects pursuant to section 15 of chapter 329 of
 the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
 1991, as amended. The department of transportation  shall  provide  such
 information  to  the  municipalities as may be necessary to maintain the
 federal tax exempt status of any  bonds,  notes,  or  other  obligations
 issued  by  such  municipalities to provide for the non-federal share of
 the cost of projects pursuant to chapter 330 of  the  laws  of  1991  or
 section 80-b of the highway law.
 The  program  authorized  pursuant to section 15 of chapter 329 of the
 laws of 1991, as added by section 9 of chapter 330 of the laws of  1991,
 as amended, shall additionally make payments for reimbursement according
 to the following schedule:

 State Fiscal Year        Amount
 2012-13                  $39,700,000
 
       S. 6258--A                          4                         A. 9058--A
 (b)   Three  hundred  four  million  three  hundred  thousand  dollars
 ($304,300,000) to counties, cities, towns and villages for reimbursement
 of eligible costs of local  highway  and  bridge  projects  pursuant  to
 sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
 section  9  of  chapter  330  of  the  laws of 1991, as amended. For the
 purposes of computing allocations to municipalities, the amount distrib
 uted pursuant to section 16 of chapter 329 of the laws of 1991 shall  be
 deemed  to  be $121,520,000.  The amount distributed pursuant to section
 16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be
 $182,780,000.   Notwithstanding the provisions of any general or special
 law, the amounts deemed distributed in accordance  with  section  16  of
 chapter  329  of the laws of 1991 shall be adjusted so that such amounts
 will not be less than 83.807 percent of the "funding level"  as  defined
 in  subdivision 5 of section 10-c of the highway law for each such muni
 cipality. In order to achieve the objectives of section  16  of  chapter
 329  of the laws of 1991, to the extent necessary, the amounts in excess
 of 83.807 percent of the funding level to be deemed distributed to  each
 municipality  under  this  subdivision shall be reduced in equal propor
 tion.
 (c) Fifty-eight million seven hundred  ninety-seven  thousand  dollars
 ($58,797,000)  to  municipalities for reimbursement of eligible costs of
 local highway and bridge projects pursuant to sections 16  and  16-a  of
 chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
 the  laws of 1991, as amended. For the purposes of computing allocations
 to municipalities, the amount distributed  pursuant  to  section  16  of
 chapter  329  of the laws of 1991 shall be deemed to be $23,480,000. The
 amount distributed pursuant to section 16-a of chapter 329 of  the  laws
 of   1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding  the
 provisions of any general or special law, the amounts deemed distributed
 in accordance with section 16 of chapter 329 of the laws of  1991  shall
 be adjusted so that such amounts will not be less than 16.193 percent of
 the  "funding  level" as defined in subdivision 5 of section 10-c of the
 highway law for each such municipality. In order to achieve  the  objec
 tives  of  section  16 of chapter 329 of the laws of 1991, to the extent
 necessary, the amounts in excess of 16.193 percent of the funding  level
 to  be  deemed  distributed  to each municipality under this subdivision
 shall be reduced in equal proportion. To the extent that  the  total  of
 remaining payment allocations calculated herein varies from $58,797,000,
 the  payment  amounts  to  each  locality shall be adjusted by a uniform
 percentage so that the total payments equal $58,797,000.
 The program authorized pursuant to sections 16 and 16-a of chapter 329
 of the laws of 1991, as added by section 9 of chapter 330 of the laws of
 1991, as amended, shall additionally  make  payments  for  reimbursement
 according to the following schedule:

 State Fiscal Year        Amount
 2012-13                  $363,097,000
 

S 2. Subdivision (f) of section 16 of chapter 329 of the laws of 1991,
 amending the state finance law and other laws relating to the establish
 ment of the dedicated highway and bridge trust fund, as added by section
 2  of  part  A  of chapter 60 of the laws of 2011, is amended to read as
 follows:

 (f) For purposes of this section and section 10-c of the highway  law,
 for  projects completed on or before March 31, [2012] 2013 local highway
 and bridge projects may also  include  the  following  work  types:  (1)
 microsurfacing,  (2)  paver  placed surface treatment, (3) single course
 surface treatment involving chip seals and oil and stone, and (4) double
 
       S. 6258--A                          5                         A. 9058--A
 course surface treatment involving chip seals and oil and stone,  howev
 er,  no  reimbursement  shall  be made for (1) microsurfacing, (2) paver
 placed surface treatment, (3) single course surface treatment  involving
 chip  seals  and  oil and stone, and (4) double course surface treatment
 involving chip seals and oil and stone  after  March  31,  [2012]  2013.
 Reimbursement  for  projects using these treatments may be made from the
 proceeds of bonds, notes or other obligations issued  by  the  New  York
 state  thruway  authority pursuant to section 380 of the public authori
 ties law or otherwise as determined by the director of the budget.
 

S 3. Subdivision (f) of section 16-a of chapter 329  of  the  laws  of
 1991,  amending  the  state  finance  law and other laws relating to the
 establishment of the dedicated highway and bridge trust fund,  as  added
 by  section 3 of part A of chapter 60 of the laws of 2011, is amended to
 read as follows:

 (f) For purposes of this section and section 10-c of the highway  law,
 for  projects completed on or before March 31, [2012] 2013 local highway
 and bridge projects may also  include  the  following  work  types:  (1)
 microsurfacing,  (2)  paver  placed surface treatment, (3) single course
 surface treatment involving chip seals and oil and stone, and (4) double
 course surface treatment involving chip seals and oil and stone,  howev
 er,  no  reimbursement  shall  be made for (1) microsurfacing, (2) paver
 placed surface treatment, (3) single course surface treatment  involving
 chip  seals  and  oil and stone, and (4) double course surface treatment
 involving chip seals and oil and stone  after  March  31,  [2012]  2013.
 Reimbursement  for  projects using these treatments may be made from the
 proceeds of bonds, notes or other obligations issued  by  the  New  York
 state  thruway  authority pursuant to section 380 of the public authori
 ties law or otherwise as determined by the director of the budget.
 

S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
 amending the state finance law and other laws relating to the establish
 ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
 section  4  of  part  A of chapter 60 of the laws of 2011, is amended to
 read as follows:

 (d) Any such service contract (i) shall provide that the obligation of
 the director of the budget or the state to fund or to  pay  the  amounts
 therein provided for shall not constitute a debt of the state within the
 meaning  of  any constitutional or statutory provisions in the event the
 thruway authority assigns or pledges service contract payments as  secu
 rity  for its bonds or notes, (ii) shall be deemed executory only to the
 extent moneys are available and that no liability shall be  incurred  by
 the  state  beyond  the  moneys available for the purpose, and that such
 obligation is subject to annual appropriation by  the  legislature,  and
 (iii)  shall  provide  that  no  funds  shall be made available from the
 proceeds of bonds or notes issued pursuant to this  chapter  unless  the
 commissioner  of  transportation  has  certified  to the chairman of the
 thruway authority that such funds shall  be  used  exclusively  for  the
 purposes   authorized   by  subdivision  (a)  of  this  section,  and/or
 construction, reconstruction or improvement of local  highways,  bridges
 and/or  highway-railroad  crossings, including right of way acquisition,
 preliminary engineering, and construction  supervision  and  inspection,
 where  the  service  life  of  the  project is at least ten years or for
 projects completed on or before March 31, [2012] 2013 where the  project
 is:   (1) microsurfacing, (2) paver placed surface treatment, (3) single
 course surface treatment involving chip seals and oil and stone and  (4)
 double  course surface treatment involving chip seals and oil and stone,
 and unless the director of the budget has certified to the  chairman  of
 
       S. 6258--A                          6                         A. 9058--A
 the  thruway  authority  that  a spending plan has been submitted by the
 commissioner of transportation and has been approved by the director  of
 the  budget.  No reimbursement shall be made for (1) microsurfacing, (2)
 paver  placed  surface  treatment,  (3)  single course surface treatment
 involving chip seals and oil and stone, and (4)  double  course  surface
 treatment  involving chip seals and oil and stone after March 31, [2012]
 2013.
 

S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
 amending the state finance law and other laws relating to the establish
 ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
 section  5  of  part  A of chapter 60 of the laws of 2011, is amended to
 read as follows:

 (b) Each county, city, town and village shall certify to  the  commis
 sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
 construction, reconstruction or improvement of local  highways,  bridges
 and/or  highway-railroad  crossings, including right of way acquisition,
 preliminary engineering, and  construction  supervision  and  inspection
 where  the  service  life  of  the  project is at least ten years or for
 projects completed on or before March 31, [2012] 2013 where the  project
 is:  (1)  microsurfacing, (2) paver placed surface treatment, (3) single
 course surface treatment involving chip seals and oil and stone and  (4)
 double  course surface treatment involving chip seals and oil and stone.
 No reimbursement shall be made for (1) microsurfacing, (2) paver  placed
 surface  treatment,  (3)  single course surface treatment involving chip
 seals and oil and stone, and (4) double course surface treatment involv
 ing chip seals and oil and stone after March  31,  [2012]  2013.    Such
 certification  shall include any such information as may be necessary to
 maintain the federal tax exempt status of bonds, notes  or  other  obli
 gations  issued  by  the  New  York  state thruway authority pursuant to
 section 380 of the public authorities law. The commissioner of transpor
 tation shall in writing  request  the  municipalities  to  furnish  such
 information as may be necessary to comply with this section.
 

S  6.  Subdivision  (b)  of section 16-a of chapter 329 of the laws of
 1991, amending the state finance law and  other  laws  relating  to  the
 establishment of the dedicated highway and bridge trust fund, as amended
 by  section 6 of part A of chapter 60 of the laws of 2011, is amended to
 read as follows:

 (b) Each county, city, town and village shall certify to  the  commis
 sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
 construction, reconstruction or improvement of local  highways,  bridges
 and/or  highway-railroad  crossings, including right of way acquisition,
 preliminary engineering, and  construction  supervision  and  inspection
 where  the  service  life  of  the  project is at least ten years or for
 projects completed on or before March 31, [2012] 2013 where the  project
 is:  (1)  microsurfacing, (2) paver placed surface treatment, (3) single
 course surface treatment involving chip seals and oil and stone and  (4)
 double  course surface treatment involving chip seals and oil and stone.
 No reimbursement shall be made for (1) microsurfacing, (2) paver  placed
 surface  treatment,  (3)  single course surface treatment involving chip
 seals and oil and stone, and (4) double course surface treatment involv
 ing chip seals and oil and stone after March  31,  [2012]  2013.    Such
 certification  shall include any such information as may be necessary to
 maintain the federal tax exempt status of bonds, notes  or  other  obli
 gations  issued  by  the  New  York  state thruway authority pursuant to
 section 380 of the public authorities law.  The  commissioner  shall  in
 
       S. 6258--A                          7                         A. 9058--A
 writing request the municipalities to furnish such information as may be
 necessary to comply with this section.
 

S 7. 

Section 7 of part A of chapter 60 of the laws of 2011, authoriz
 ing  funding  for  the Consolidated Local Street and Highway Improvement
 Program (CHIPS) and Marchiselli program for state fiscal year  2011-2012
 and amending chapter 329 of the laws of 1991, amending the state finance
 law  and other laws relating to the establishment of the dedicated high
 way and bridge trust fund, is amended to read as follows:

 

S 7. This act shall take effect immediately; provided,  however,  that
 sections  two, three, four, five and six of this act shall expire and be
 deemed repealed on April 1, [2012] 2013.
 

S 8. This act shall take effect immediately; provided,  however,  that
 the  amendments to subdivisions (f) and (b) of section 16 of chapter 329
 of the laws of 1991 made by sections two and five of this  act,  respec
 tively,  shall  not  affect the repeal of such subdivisions and shall be
 deemed repealed therewith; provided, further,  that  the  amendments  to
 subdivisions  (f)  and (b) of section 16-a of chapter 329 of the laws of
 1991 made by sections three and six of this act, respectively, shall not
 affect the repeal of such subdivisions  and  shall  be  deemed  repealed
 therewith; and provided, further, that the amendments to subdivision (d)
 of section 11 of chapter 329 of the laws of 1991 made by section four of
 this  act  shall  not affect the repeal of such subdivision and shall be
 deemed repealed therewith.
 PART B
 

Section 1.

Section 326 of the highway law, as amended by chapter  1110
 of the laws of 1971, is amended to read as follows:

 

S 326. Penalties, how recovered. All penalties or forfeitures given in
 this  chapter, and not otherwise specially provided for, shall be recov
 ered by the town superintendent, in the name of the town  in  which  the
 offense shall be committed; and when recovered, shall be applied by them
 in  improving  the highways and bridges in such town, except that if the
 offense occurs on any highway included in the systems defined by section
 three hundred forty-one of this chapter, such penalties  or  forfeitures
 may  be  recovered  by  the  commissioner of transportation and where so
 recovered shall be [paid to the state treasurer to  the  credit  of  the
 fund  available for the maintenance and repair of state highways] DEPOS
 ITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND  PAYMENT
 ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND  BRIDGE TRUST FUND ESTABLISHED
 PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
 

S 2. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
 finance law, as amended by section 2 of chapter 165 of the laws of 2008,
 is amended to read as follows:

 (a)  The  special obligation reserve and payment account shall consist
 (i) of all moneys required to be deposited in the dedicated highway  and
 bridge  trust  fund  pursuant  to the provisions of sections two hundred
 five, two hundred  eighty-nine-e,  three  hundred  one-j,  five  hundred
 fifteen  and  eleven  hundred  sixty-seven  of the tax law, section four
 hundred one of the vehicle and traffic law, and  section  thirty-one  of
 chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
 fees, fines or penalties collected by the commissioner of transportation
 pursuant  to  section  fifty-two,  SECTION THREE HUNDRED TWENTY-SIX, and
 subdivisions five, eight and twelve of section eighty-eight of the high
 way law, subdivision fifteen of section three hundred eighty-five of the
 vehicle and traffic law, section two of the chapter of the laws  of  two
 
       S. 6258--A                          8                         A. 9058--A
 thousand  three  that amended this paragraph, subdivision (d) of section
 three hundred four-a, paragraph one of subdivision (a)  and  subdivision
 (d)  of  section  three  hundred five, subdivision six-a of section four
 hundred  fifteen and subdivision (g) of section twenty-one hundred twen
 ty-five of the vehicle and traffic law, section fifteen of this chapter,
 excepting moneys deposited with the  state  on  account  of  betterments
 performed  pursuant  to  subdivision twenty-seven or subdivision thirty
 five of section ten of the highway law, (iii) any  moneys  collected  by
 the  department  of  transportation  for  services  provided pursuant to
 agreements entered into in accordance with section ninety-nine-r of  the
 general  municipal  law, and (iv) any other moneys collected therefor or
 credited or transferred thereto from any other fund, account or source.
 

S 3. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
 finance law, as amended by section 3 of chapter 165 of the laws of 2008,
 is amended to read as follows:

 (a)  The  special obligation reserve and payment account shall consist
 (i) of all moneys required to be deposited in the dedicated highway  and
 bridge  trust  fund  pursuant  to the provisions of sections two hundred
 eighty-nine-e, three hundred one-j,  five  hundred  fifteen  and  eleven
 hundred  sixty-seven  of  the  tax  law, section four hundred one of the
 vehicle and traffic law, and section thirty-one of chapter fifty-six  of
 the  laws  of  nineteen  hundred  ninety-three,  (ii) all fees, fines or
 penalties collected by the commissioner of  transportation  pursuant  to
 section  fifty-two,  SECTION  THREE HUNDRED TWENTY-SIX, and subdivisions
 five, eight and twelve of  section  eighty-eight  of  the  highway  law,
 subdivision  fifteen of section three hundred eighty-five of the vehicle
 and traffic law, section  fifteen  of  this  chapter,  excepting  moneys
 deposited with the state on account of betterments performed pursuant to
 subdivision  twenty-seven  or  subdivision thirty-five of section ten of
 the highway law, (iii) any moneys collected by the department of  trans
 portation  for  services provided pursuant to agreements entered into in
 accordance with section ninety-nine-r of the general municipal law,  and
 (iv)  any  other  moneys  collected  therefor or credited or transferred
 thereto from any other fund, account or source.
 

S 4. This act shall take effect immediately, and shall  be  deemed  to
 have  been  in  full  force  and  effect on and after April 1, 2012; and
 provided, however, that the amendments to paragraph (a) of subdivision 3
 of section 89-b of the state finance law made by section two of this act
 shall be subject to the  expiration  and  reversion  of  such  paragraph
 pursuant to section 13 of part U-1 of chapter 62 of the laws of 2003, as
 amended, when upon such date the provisions of section three of this act
 shall take effect.
 PART C
 

Section  1. Subdivision 3 of section 140 of the transportation law, as
 added by chapter 635 of the laws of 1983, is amended to read as follows:

 3. No motor  vehicle  [carrying]  DESIGNED  TO  CARRY  passengers,  as
 described  in  subdivision two of this section, shall be operated within
 the state unless it carries prominently displayed thereon  the  name  of
 the operator and certificate evidencing an inspection in accordance with
 the  rules  and  regulations of the commissioner [within a period of six
 months last preceding]. The commissioner may, by order,  rule  or  regu
 lation, exempt from the requirements of this subdivision, vehicles which
 are  not  operated  exclusively  in  transportation  services  for which
 inspection is required, provided that  written  evidence  of  the  names
 
       S. 6258--A                          9                         A. 9058--A
 otherwise  subject  to  prominent  display  and  such  a  certificate of
 inspection are at all times carried within  such  vehicles  to  be  made
 available  for  examination  upon  proper demand, while the vehicles are
 operated in such service.
 

S  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2012.
 PART D
 

Section 1. Subdivision 1 of section 502 of  the  vehicle  and  traffic
 law,  as  amended  by  section 2 of part CC of chapter 58 of the laws of
 2011, is amended to read as follows:

 1. Application for license. Application for a driver's  license  shall
 be  made to the commissioner. The fee prescribed by law may be submitted
 with such application. The applicant shall furnish such proof of identi
 ty, age, and fitness as may be required by the commissioner. The commis
 sioner may also provide that the application procedure shall include the
 taking of a photo image or images of the applicant  in  accordance  with
 rules  and  regulations prescribed by the commissioner. In addition, the
 commissioner also shall require that the applicant provide  his  or  her
 social  security number and provide space on the application so that the
 applicant may register in the New York  state  organ  and  tissue  donor
 registry under section forty-three hundred ten of the public health law.
 In  addition,  an  applicant  for a commercial driver's license who will
 operate a commercial motor vehicle in interstate commerce shall  certify
 that such applicant meets the requirements to operate a commercial motor
 vehicle,  as  set forth in public law 99-570, title XII, and title 49 of
 the code of federal regulations, and all regulations promulgated by  the
 United  States secretary of transportation under the hazardous materials
 transportation act. In addition, an applicant for a commercial  driver's
 license shall submit a medical certificate at such intervals as required
 by  the  federal  motor  carrier safety improvement act of 1999 and Part
 383.71(h) of title 49 of the code of  federal  regulations  relating  to
 medical  certification  and  in a manner prescribed by the commissioner.
 For purposes of this section and sections five hundred three [and], five
 hundred ten-a, AND FIVE HUNDRED TEN-AA of this title, the  [term]  TERMS
 "medical  certificate"  AND  "MEDICAL  CERTIFICATION"  shall mean a form
 substantially in compliance with the form set forth in Part 391.43(h) of
 title 49 of the code of federal regulations. Upon a  determination  that
 the  holder  of  a commercial driver's license has made any false state
 ment, with respect to the application for such license, the commissioner
 shall revoke such license.
 

S 2. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
 traffic  law,  as  amended  by section 3 of part CC of chapter 58 of the
 laws of 2011, is amended to read as follows:

 (b) An application for a license shall be valid for a period  of  time
 specified  by regulation of the commissioner not to exceed five years. A
 learner's permit shall be valid from its issuance until  the  expiration
 of  the  application  for  a  driver's  license for which it was issued.
 Provided, however, that [if the medical certificate submitted in accord-
 ance with the requirements of the federal motor carrier safety  improve-
 ment  act  of 1999 and Part 383.71(h) of title 49 of the code of federal
 regulations by an applicant for a commercial driver's  license  expires,
 any]  A learner's permit [that may have been] issued by the commissioner
 in connection with  [the]  AN  application  FOR  A  COMMERCIAL  DRIVER'S
 LICENSE  shall  be [suspended] CANCELLED UPON: (I) THE EXPIRATION OF THE
 
       S. 6258--A                         10                         A. 9058--A
 HOLDER'S  MEDICAL  CERTIFICATION  OR  MEDICAL   VARIANCE   DOCUMENTATION
 REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
 PART  383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS; (II) THE
 HOLDER'S  FAILURE  TO SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL VARI
 ANCE DOCUMENTATION WHEN REQUIRED TO DO SO BY THE COMMISSIONER; OR  (III)
 THE  RECEIPT BY THE COMMISSIONER OF INFORMATION FROM THE ISSUING MEDICAL
 EXAMINER OR THE FEDERAL  MOTOR  CARRIER  SAFETY  ADMINISTRATION  THAT  A
 MEDICAL CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN ERROR.
 

S  3.  Paragraph  (f) of subdivision 3 of section 510-a of the vehicle
 and traffic law is REPEALED.
 

S 4. The vehicle and traffic law is amended by adding  a  new  section
 510-aa to read as follows:

 

S  510-AA.  DOWNGRADE  OF  COMMERCIAL  DRIVER'S LICENSES. A COMMERCIAL
 DRIVER'S LICENSE  SHALL  BE  DOWNGRADED  TO  A  NON-COMMERCIAL  DRIVER'S
 LICENSE  BY THE COMMISSIONER UPON THE EXPIRATION OF THE HOLDER'S MEDICAL
 CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION REQUIRED BY THE  FEDERAL
 MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE
 49  OF  THE CODE OF FEDERAL REGULATIONS, OR UPON THE HOLDER'S FAILURE TO
 SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION WHEN
 REQUIRED TO DO SO BY THE COMMISSIONER.  A  COMMERCIAL  DRIVER'S  LICENSE
 SHALL  ALSO  BE  DOWNGRADED  TO A NON-COMMERCIAL DRIVER'S LICENSE BY THE
 COMMISSIONER UPON RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL  EXAM
 INER  OR  THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT A MEDICAL
 CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN  ERROR.  SUCH  DOWNGRADE
 SHALL BE TERMINATED, AND THE COMMERCIAL DRIVER'S LICENSE RESTORED, UPON:

 (1)  THE  HOLDER'S  SUBMISSION  OF THE REQUIRED VALID MEDICAL EXAMINER'S
 CERTIFICATE OR MEDICAL  VARIANCE  DOCUMENTATION;  OR  (2)  THE  HOLDER'S
 SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE OPER
 ATION HE OR SHE ENGAGES, OR EXPECTS TO ENGAGE IN, AND THAT THE HOLDER IS
 THEREFORE  NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE
 FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART  383.71(H)
 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
 

S 5.

Section 509 of the vehicle and traffic law is amended by adding a
 new subdivision 7-a to read as follows:

 7-A.  NO  PERSON  SHALL  OPERATE  A  COMMERCIAL  MOTOR  VEHICLE UNLESS
 MEDICALLY CERTIFIED IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER  SAFETY
 IMPROVEMENT  ACT  OF  1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF
 FEDERAL REGULATIONS.
 

S 6. This act shall take effect immediately; provided,  however,  that
 if  sections  2 and 3 of part CC of chapter 58 of the laws of 2011 shall
 not have taken effect on or before such date then sections one  and  two
 of this act shall take effect on the same date and in the same manner as
 such  chapter of the laws of 2011 takes effect; provided further, howev
 er, that section five of this act shall take effect on the sixtieth  day
 after it shall have become a law.
 PART E
 

Section  1.  Subdivision  12 of section 1269 of the public authorities
 law, as amended by section 1 of part NN of chapter 59  of  the  laws  of
 2010, is amended to read as follows:

 12.  The  aggregate  principal  amount  of bonds, notes or other obli
 gations issued after the first day of January, nineteen hundred  ninety
 three  by  the authority, the Triborough bridge and tunnel authority and
 the New York city transit authority to fund projects contained in  capi
 tal  program  plans  approved  pursuant to section twelve hundred sixty
 
       S. 6258--A                         11                         A. 9058--A
 nine-b of this [article] TITLE for the period nineteen  hundred  ninety
 two  through  two  thousand  fourteen  shall  not  exceed  [thirty-four]
 FORTY-ONE billion eight  hundred  seventy-seven  million  dollars.  Such
 aggregate  principal  amount of bonds, notes or other obligations or the
 expenditure thereof shall not be subject to any limitation contained  in
 any  other  provision  of law on the principal amount of bonds, notes or
 other obligations or the expenditure thereof applicable to the  authori
 ty,  the  Triborough  bridge  and  tunnel authority or the New York city
 transit authority. The aggregate limitation established by this subdivi
 sion shall not include (i)  obligations  issued  to  refund,  redeem  or
 otherwise  repay,  including by purchase or tender, obligations thereto
 fore issued either by the issuer of such refunding obligations or by the
 authority, the New York city transit authority or the Triborough  bridge
 and  tunnel  authority, (ii) obligations issued to fund any debt service
 or other reserve funds for such obligations, (iii) obligations issued or
 incurred to fund the costs of issuance, the payment of amounts  required
 under  bond  and  note  facilities, federal or other governmental loans,
 security or credit arrangements or other agreements related thereto  and
 the  payment  of  other financing and related costs associated with such
 obligations, (iv) an amount equal to any original  issue  discount  from
 the  principal  amount of such obligations or to fund capitalized inter
 est, (v) obligations incurred pursuant to section twelve hundred seven-m
 of this article, (vi) obligations incurred to fund  the  acquisition  of
 certain buses for the New York city transit authority as identified in a
 capital  program  plan  approved  pursuant to chapter fifty-three of the
 laws of nineteen  hundred  ninety-two,  (vii)  obligations  incurred  in
 connection  with  the leasing, selling or transferring of equipment, and
 (viii) bond anticipation notes or other obligations payable solely  from
 the  proceeds  of other bonds, notes or other obligations which would be
 included in the  aggregate  principal  amount  specified  in  the  first
 sentence  of  this  subdivision,  whether or not additionally secured by
 revenues of the authority, or any of its  subsidiary  corporations,  New
 York  city  transit authority, or any of its subsidiary corporations, or
 Triborough bridge and tunnel authority.
 

S 2. This act shall take effect immediately.
 PART F
 

Section 1.

Section 205 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 3-a to read as follows:

 3-A. IN ADDITION TO THE FEES RETAINED PURSUANT TO SUBDIVISION THREE OF
 THIS  SECTION, EACH COUNTY CLERK ACTING AS THE AGENT OF THE COMMISSIONER
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL RETAIN FOUR PERCENT OF
 "ENHANCED INTERNET AND ELECTRONIC  PARTNER  REVENUE"  COLLECTED  BY  THE
 COMMISSIONER.  FOR  THE PURPOSES OF THIS SUBDIVISION, "ENHANCED INTERNET
 AND ELECTRONIC PARTNER REVENUE" SHALL MEAN THE AMOUNT OF GROSS  RECEIPTS
 ATTRIBUTABLE  TO ALL TRANSACTIONS CONDUCTED ON THE INTERNET BY RESIDENTS
 OF SUCH COUNTY AND BY DESIGNATED PARTNERS OF THE DEPARTMENT ON BEHALF OF
 SUCH RESIDENTS FOR THE CURRENT CALENDAR YEAR THAT EXCEEDS THE AMOUNT  OF
 SUCH  REVENUE  COLLECTED  BY  THE  COMMISSIONER DURING CALENDAR YEAR TWO
 THOUSAND ELEVEN.   THE COMMISSIONER SHALL  CERTIFY  THE  AMOUNTS  TO  BE
 RETAINED  BY  EACH  COUNTY CLERK PURSUANT TO THIS SUBDIVISION. PROVIDED,
 HOWEVER, THAT IF THE AGGREGATE AMOUNT OF FEES RETAINED BY COUNTY  CLERKS
 PURSUANT  TO  THIS SUBDIVISION IN CALENDAR YEARS TWO THOUSAND TWELVE AND
 TWO THOUSAND THIRTEEN COMBINED EXCEEDS EIGHTY-EIGHT MILLION FIVE HUNDRED
 THOUSAND DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED  THEREAFTER
 
       S. 6258--A                         12                         A. 9058--A
 SHALL  BE REDUCED TO A PERCENTAGE THAT, IF APPLIED TO THE FEES COLLECTED
 DURING CALENDAR YEARS TWO THOUSAND  TWELVE  AND  TWO  THOUSAND  THIRTEEN
 COMBINED,  WOULD HAVE RESULTED IN AN AGGREGATE RETENTION OF EIGHTY-EIGHT
 MILLION  FIVE HUNDRED THOUSAND DOLLARS OR 2.5 PERCENT OF ENHANCED INTER
 NET AND ELECTRONIC PARTNER REVENUE, WHICHEVER IS HIGHER. IF  THE  AGGRE
 GATE  AMOUNT OF FEES RETAINED BY COUNTY CLERKS PURSUANT TO THIS SUBDIVI
 SION IN CALENDAR YEARS TWO THOUSAND TWELVE  AND  TWO  THOUSAND  THIRTEEN
 COMBINED  IS  LESS  THAN  EIGHTY-EIGHT  MILLION  FIVE  HUNDRED  THOUSAND
 DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER SHALL  BE
 INCREASED  TO A PERCENTAGE THAT, IF APPLIED TO THE FEES COLLECTED DURING
 CALENDAR YEARS TWO THOUSAND TWELVE AND TWO THOUSAND  THIRTEEN  COMBINED,
 WOULD  HAVE  RESULTED  IN AN AGGREGATE RETENTION OF EIGHTY-EIGHT MILLION
 FIVE HUNDRED THOUSAND DOLLARS, OR SIX PERCENT OF ENHANCED  INTERNET  AND
 ELECTRONIC PARTNER REVENUE, WHICHEVER IS LESS. ON AND AFTER APRIL FIRST,
 TWO  THOUSAND  SIXTEEN,  THE PERCENT OF ENHANCED INTERNET AND ELECTRONIC
 PARTNER REVENUE TO BE RETAINED BY COUNTY CLERKS SHALL BE THE AVERAGE  OF
 THE  ANNUAL  PERCENTAGES  THAT  WERE  IN EFFECT BETWEEN APRIL FIRST, TWO
 THOUSAND TWELVE AND MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
 

S 2. This act shall take effect April 1, 2012.
 PART G
 

Section 1. Subdivision 1 of section 140 of the transportation law,  as
 added by chapter 635 of the laws of 1983, is amended to read as follows:

 1. Every [common and contract] FOR HIRE AND PRIVATE carrier of passen
 ger  by  motor  vehicle  INVOLVED IN INTERSTATE, INTRASTATE, OR INTERNA
 TIONAL COMMERCE DOMICILED IN NEW YORK shall  furnish  and  provide  with
 respect  thereto  such  service  and  facilities  as  shall  be safe and
 adequate. Any such carrier shall give immediate notice  to  the  commis
 sioner  of  every accident to which it shall, in the course of its oper
 ations, have been a party.
 

S 2. Subparagraph (ii) of paragraph a of subdivision 2 of section  140
 of  the  transportation  law,  as  amended by chapter 602 of the laws of
 1985, is amended to read as follows:

 (ii) All MOTOR CARRIERS, EMPLOYEES AND motor vehicles [operated pursu-
 ant to or requiring a certificate or permit for  the  transportation  of
 passengers  or  property  from the interstate commerce commission or the
 commissioner] THAT  TRANSPORT  PROPERTY  OR  PASSENGERS  IN  INTRASTATE,
 INTERSTATE, OR INTERNATIONAL COMMERCE.
 

S  3. Paragraphs b and c of subdivision 2 of section 140 of the trans
 portation law, paragraph b as amended by chapter 173 of the laws of 1990
 and paragraph c as amended by chapter 602  of  the  laws  of  1985,  are
 amended to read as follows:

 b.  [In addition to those vehicles operated pursuant to or requiring a
 certificate or a permit for the  transportation  of  property  from  the
 interstate  commerce  commission  or  the  commissioner  as set forth in
 subparagraph (ii) of paragraph a of this subdivision,  the  commissioner
 shall have the power to adopt rules and regulations governing the safety
 of  operation of other motor vehicles operated for the commercial trans-
 portation of property.
 c.] The department shall have the power to examine  vehicles,  facili
 ties  and  records subject to the provisions of this subdivision, at any
 time and place where they are found, to ascertain whether such rules and
 regulations are being obeyed. The rules and regulations of  the  commis
 sioner shall provide for the inspection of all such vehicles, FACILITIES
 AND RECORDS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, at such peri
 
       S. 6258--A                         13                         A. 9058--A
 ods  and  at  such  manner  as  the  commissioner  may direct, and, when
 adopted, shall have the full force and effect of law.
 

S  3-a. Paragraph d of subdivision 2 of section 140 of the transporta
 tion law is relettered paragraph c and subparagraph (i)  of  such  para
 graph,  as  added by chapter 173 of the laws of 1990, is amended to read
 as follows:

 (i) No MOTOR CARRIER, EMPLOYEE OR motor vehicle [operated pursuant  to
 or requiring a certificate or a permit for the transportation of proper-
 ty  from  the  interstate commerce commission or the commissioner and no
 motor vehicle operated for the commercial  transportation  of  property]
 THAT  TRANSPORTS  PROPERTY  OR  PASSENGERS IN INTRASTATE, INTERSTATE, OR
 INTERNATIONAL COMMERCE shall [be operated] OPERATE in this state  unless
 [it] SUCH MOTOR CARRIER, EMPLOYEE OR MOTOR VEHICLE is in compliance with
 the department's safety rules and regulations.
 

S  4.  Subdivisions  4 and 5 of section 140 of the transportation law,
 subdivision 4 as added by chapter 635 of the laws of 1983  and  subdivi
 sion  5  as  amended  by chapter 731 of the laws of 1988, are amended to
 read as follows:

 4. Each motor vehicle  engaged  in  the  interstate  OR  INTERNATIONAL
 transportation  of passengers operated within the state shall be subject
 to subdivision three of this section as to the display of  the  name  of
 the  operator  thereof,  and of such certificate of inspection as to the
 safety of its appliances, equipment and  mechanical  operation,  as  the
 commissioner  may,  by rules and regulations require. In respect to such
 motor vehicle, the commissioner may, in lieu of  a  certificate  of  the
 commissioner,  authorize  the  display  of  a  certificate of inspection
 issued within a period of [six] TWELVE months last preceding, by a regu
 latory body of another state, or a province  of  Canada,  having  safety
 standards  determined  by the commissioner not to be substantially lower
 than those prescribed by the commissioner. The rules and regulations  to
 be  adopted  under  this  subdivision  shall  insofar  as practicable be
 uniform and the provisions of the vehicle and  traffic  law  so  far  as
 applicable  and not in conflict with the provisions of this subdivision,
 shall continue to apply to all such motor vehicles.
 5. No motor vehicle with  a  seating  capacity  of  more  than  eleven
 passengers  manufactured  after  December thirty-first, nineteen hundred
 seventy-five, used in the business of transporting school  children  for
 hire  or  used  for  the transportation of school children, owned and/or
 operated by school districts or by any public or private school shall be
 operated within the state, unless each seat,  other  than  the  driver's
 seat,  on  such  vehicle is equipped with a padded back at least twenty
 eight inches in height of a  type  and  specification  approved  by  the
 commissioner.  Any  person  who operates a motor vehicle in violation of
 the requirement for such seat backs shall  be  guilty  of  a  violation,
 punishable  by  a fine not exceeding one hundred dollars. The provisions
 of this subdivision shall not apply to any bus used for the  transporta
 tion  of  pupils,  teachers  and  other  persons acting in a supervisory
 capacity to and from school activities and which bus does not receive or
 discharge passengers on or along the public highways on regularly sched
 uled routes and which is being operated pursuant to [a permit or certif-
 icate of public convenience and necessity] FOR-HIRE OPERATING  AUTHORITY
 issued  by  the  commissioner or by the [interstate commerce commission]
 UNITED STATES DEPARTMENT OF TRANSPORTATION. School buses manufactured or
 assembled prior to April first, nineteen hundred seventy-seven  may  not
 be  used  to  transport  pupils,  teachers and other persons acting in a
 supervisory capacity to and from school activities.
 
       S. 6258--A                         14                         A. 9058--A
 

S 5.  The closing paragraph of section 151 of the transportation  law,
 as  added  by  chapter  635  of  the laws of 1983, is amended to read as
 follows:

 For the purposes of this article, the term "sedan" or "sedans" as used
 herein  shall  include  private  passenger  automobiles  [larger  than a
 conventional sedan and commonly known as a  limousine],  but  shall  not
 include  [vans  or  buses]  VEHICLES  WITH  A SEATING CAPACITY OF ELEVEN
 PERSONS OR MORE INCLUDING THE DRIVER.
 

S 6.

Section 210 of the transportation law, as amended by chapter  488
 of the laws of 1979, is amended to read as follows:

 

S 210. Application  of this article. The term "motor truck" as used in
 this article shall be deemed to mean and include any motor vehicle  held
 and used for the transportation of goods, wares and merchandise for hire
 or for a business purpose, [including such motor vehicles commonly known
 as  an auto truck or light delivery car] PURSUANT TO THE RULES AND REGU
 LATIONS OF THE COMMISSIONER.  The term "motor bus" as used in this arti
 cle shall be deemed to mean and include any motor vehicle held and  used
 for the transportation of passengers for hire OR FOR A BUSINESS PURPOSE,
 PURSUANT TO THE RULES AND REGULATIONS OF THE COMMISSIONER.
 

S 7. 

Section 211 of the transportation law, as amended by chapter 475
 of the laws of 1996, is amended to read as follows:

 

S  211.  General provisions.   No driver of a motor truck or motor bus
 shall drive such vehicle or be on duty for any period of time in  excess
 of  that  authorized  pursuant  to  regulation  of the commissioner. The
 commissioner is hereby authorized to promulgate  rules  and  regulations
 governing  the  hours  of  service  of drivers of motor trucks and motor
 buses. Such rules and regulations shall be no less protective of  public
 safety than the rules and regulations promulgated by the federal govern
 ment  with  respect  to  hours of labor of operation of motor trucks and
 motor buses, provided, however, that with regard  to  drivers  of  motor
 buses [operated exclusively in a town or county or] operated by a public
 transportation authority operating exclusively within its jurisdictional
 area,  the  rules and regulations of the commissioner shall provide that
 no driver of such motor buses shall drive more than twelve hours follow
 ing eight consecutive hours off duty and no driver of such  motor  buses
 shall  drive  for any period after having been on duty for fifteen hours
 following eight consecutive hours off duty  and  every  driver  of  such
 motor  buses  shall have at least twenty-four consecutive hours off duty
 in every period of seven consecutive days and in no event shall  such  a
 driver  be  on  duty  for  more than seventy-five hours in any period of
 seven consecutive days.
 

S 8.

Section 212 of the transportation law, as added by chapter 342 of
 the laws of 1974, subdivision a as amended by chapter 843 of the laws of
 1980, is amended to read as follows:

 

S 212. Records. [a.] Every driver of a motor truck or motor bus  shall
 keep  and carry on the vehicle records showing the day and hour when and
 the place where he went and was released  from  duty,  whether  in  this
 state  or  outside  of  this state. The commissioner shall prescribe the
 form of such records and may require such other information to be  shown
 thereon  as  he shall deem advisable to insure the proper enforcement of
 this article. Such records shall be exhibited to the  commissioner,  his
 representatives, or to any peace officer, acting pursuant to his special
 duties  or  police officer who shall demand to see the same and shall be
 held available for further inspection for a period of sixty days  within
 the  state  of New York in an office designated by the owner. Failure to
 produce such records upon demand shall  be  presumptive  evidence  of  a
 
       S. 6258--A                         15                         A. 9058--A
 violation of this article relating to keeping such records. In any pros
 ecution  for the violation of any of the provisions of this article such
 records shall be prima facie evidence of the truth of the contents ther
 eof.
 [b.  The  provisions of this article with reference to the carrying of
 records on the vehicle shall not apply to the operation of a  motor  bus
 or  motor  buses operated on fixed schedules, but this shall not relieve
 any corporation, company, association, joint-stock association, partner-
 ship or person engaged in the operation of a motor bus or motor buses on
 fixed schedules from the necessity of keeping such  records  and  having
 them available in an office within the state of New York.]
 

S 9.

Section 214 of the transportation law is REPEALED.
 

S  10. Paragraph (a) of subdivision 1 of section 14-f of the transpor
 tation law, as added by chapter 963 of the laws of 1981, subparagraphs 7
 and 8 as amended and subparagraphs 9, 10 and 11 as added by chapter  186
 of  the  laws  of  1987,  subparagraph  9  as amended by chapter 180 and
 subparagraph 12 as amended by chapter 190 of the laws of  1989  and  the
 second  undesignated  paragraph as amended by chapter 402 of the laws of
 1993, is amended to read as follows:

 (a) Have the power to make rules and regulations governing transporta
 tion of hazardous materials, which shall mean a substance or material in
 a quantity and form which may pose an unreasonable risk  to  health  and
 safety or property when transported in commerce, by all modes AS DEFINED
 BY  THE  RULES  AND REGULATIONS OF THE DEPARTMENT. [For purposes of this
 section, the term "hazardous materials" shall include the following:
 (1) "Irritating material" which shall mean a liquid or solid substance
 which upon contact with fire or when exposed to air gives off  dangerous
 or  intensely  irritating fumes such as benzylcyande, chloracetophenone,
 diphenylaminechlorarsine, and diphenyl chlorarsine,  but  not  including
 any poisonous material, Class A;
 (2)  "Poison  A"  which shall mean those poisonous gases or liquids of
 such nature that a small amount of the  gas,  liquid  or  vapor  of  the
 liquid,  when  in  contact  with  air is dangerous to life.   This class
 includes  the  following:  bromacetone,  cyanogen,   cyanogen   chloride
 containing  less than 0.9 percent water, diphosgene, ethyldichlorarsine,
 hydrocyanic acid, methyldichlorarsine,  nitrogen  peroxide  (tetroxide),
 phosgene  (diphosgene),  nitrogen  tetroxide  -  nitric  oxide  mixtures
 containing up to 33.2 percent weight nitric oxide;
 (3) "Poison B" which shall mean  those  substances,  liquid  or  solid
 (including  pastes and semi-solids), other than Class A poisons or irri-
 tating materials, which are known to be so toxic as to be  a  hazard  to
 health;
 (4) "Corrosive materials" which shall mean those acids, alkaline caus-
 tic  liquids and other corrosive liquids or solids which when in contact
 with living tissue, will cause severe damage of such tissue by  chemical
 action;  or  in  the  case of leakage, will materially damage or destroy
 other freight by chemical action; or are liable to cause  fire  when  in
 contact with organic matter or with certain chemicals that cause visible
 destruction  or irreversible alteration in human skin tissue at the site
 of contact;
 (5) "Oxidizing materials" which shall mean those substances such as  a
 chlorate, permanganate, peroxide, or a nitrate, that yields oxygen read-
 ily to stimulate the combustion of organic matter;
 (6) "Flammable solids" which shall mean any solid material, other than
 one  designated  an explosive, as further defined in this section, which
 under conditions incident to transportation, cause fires  through  fric-
 
       S. 6258--A                         16                         A. 9058--A
 tion,  through  absorption  of  moisture,  through  spontaneous chemical
 changes, or as a result of retained heat from the manufacturing or proc-
 essing.   Included in  this  class  are  spontaneously  combustible  and
 water-reactive materials;
 (7) "Flammable liquids" which shall mean any liquid, except any liquid
 meeting the definition of subparagraph nine, ten or eleven of this para-
 graph,  which  gives  off  flammable  vapors  below a temperature of one
 hundred degrees Fahrenheit;
 (8) "Radioactive materials" which shall mean irradiated nuclear  reac-
 tor  fuel  and  the  waste by-products of reprocessed irradiated nuclear
 reactor fuel and any other material or  combination  of  materials  that
 spontaneously  emits ionizing radiation which the commissioner of trans-
 portation determines by  regulation  to  present  significant  potential
 threat to public health and safety;
 (9)  "Liquefied  compressed  gas"  which  shall  mean  a gas liquefied
 through compression and under charged pressure is partially liquid at  a
 temperature of seventy degrees Fahrenheit;
 (9)  "Regulated  medical  waste" which shall be defined as provided in
 subdivision one of section 27-1501  of  the  environmental  conservation
 law.
 (10)  "Cryogenic liquid" which shall mean a refrigerated liquefied gas
 having a boiling point colder than  minus  one  hundred  thirty  degrees
 Fahrenheit (minus ninety degrees centigrade) at one atmosphere absolute;
 (11)  "Flammable  compressed  gas"  which  shall  mean any material or
 mixture having in the container an  absolute  pressure  exceeding  forty
 p.s.i.  at seventy degrees Fahrenheit, or, regardless of the pressure at
 seventy degrees Fahrenheit, having an absolute  pressure  exceeding  one
 hundred  four  p.s.i.  at  one hundred thirty degrees Fahrenheit, or any
 liquid flammable material having a vapor pressure exceeding forty p.s.i.
 absolute at one hundred degrees Fahrenheit as determined  by  ASTM  test
 D-323, if any one of the following occurs:
 (i) either a mixture of thirteen percent or less, (by volume) with air
 forms  a flammable mixture or the flammable range with air is wider than
 twelve percent regardless of the lower  limit.  These  limits  shall  be
 determined at atmospheric temperature and pressure;
 (ii) using the bureau of explosives, association of American railroads
 flame projection apparatus, the flame projects more than eighteen inches
 beyond  the ignition source with valve open fully, or, the flame flashes
 back and burns at the valve with any degree of valve opening;
 (iii) using the bureau of explosives, association  of  American  rail-
 roads open drum apparatus, there is any significant propagation of flame
 away from the ignition source;
 (iv) using the bureau of explosives, association of American railroads
 close drum apparatus, there is any explosion of the vapor-air mixture in
 the drum; and
 (12)  Other  identical  or similar substances which shall from time to
 time be identified by the commissioner of transportation  by  rules  and
 regulations  promulgated  pursuant  to  this  section as being hazardous
 materials, provided, however, that this section shall not apply  to  the
 regular  military  or naval forces of the United States; nor to the duly
 authorized militia of any state or territory thereof; nor to the  police
 or  fire  departments  of this state, or of its counties, cities, towns,
 villages, agencies or instrumentalities, providing the same  are  acting
 within their official capacity and in the performance of their duties.
 Such rules and regulations shall be no less protective of public safe-
 ty  than the rules and regulations promulgated by the federal government
 
       S. 6258--A                         17                         A. 9058--A
 with respect to the transportation of  hazardous  materials.  The  regu-
 lations  shall set forth the criteria for identifying and listing, and a
 list of hazardous materials subject to this section as may be amended by
 the  commissioner  of  transportation  from  time  to  time  in a manner
 consistent with the state administrative procedure  act  and  consistent
 with  this  section.  Such  regulations shall include specifications for
 marking and placarding of vehicles transporting hazardous  materials  as
 will  be  applied pursuant to paragraph (a) of subdivision three of this
 section. The regulations promulgated hereunder shall include notice that
 a violation of the rules and regulations is subject to a fine or a peri-
 od of imprisonment, and the rules and regulations shall  set  forth  the
 penalty  provisions  contained  in  subdivision  four  of  this section.
 Provided, however, that all local laws or ordinances,  except  those  of
 cities having a population of one million or more, regulating the trans-
 portation of flammable liquids in trucks, trailers or semi-trailers, are
 hereby  superseded  and without force and hereafter no such local law or
 ordinance shall be adopted to regulate or control the equipment or means
 of transporting flammable liquids in trucks, trailers or semi-trailers.
 For the purposes of this section, a "vehicle" shall mean every  device
 in which property may be transported upon a highway, stationary rails or
 tracks, or on the navigable waterways of the state.]
 

S  11.  Subdivision  3  of  section 14-g of the transportation law, as
 amended by chapter 921 of the laws  of  1983,  is  amended  to  read  as
 follows:

 3. For the purposes of this section, the term "intercity bus passenger
 service"  shall  mean transportation provided to the public on a regular
 and continuing basis by a person, firm,  or  corporation  authorized  to
 transport  passengers in interstate commerce by the [interstate commerce
 commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or in  intrastate
 commerce  by  the  state  department of transportation that is primarily
 intended to satisfy longer distance travel demand  between  cities,  and
 villages  and  unincorporated urban places that have a population of two
 thousand five hundred or more. Such term does not include services  that
 are primarily local or commuter oriented in nature.
 

S  12. Subdivisions 1-a, 1-b and 2 of section 18 of the transportation
 law, as amended by chapter 199 of the laws of 1987, are amended to  read
 as follows:

 1-a.  The  department of transportation is hereby designated the offi
 cial state agency to receive all notifications from the [federal  inter-
 state commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or
 any other federal or state agency in regard to discontinuance of service
 or  railroad property abandonment proceedings, including notification of
 applications from railroad companies for any such purposes.
 1-b. The department of transportation shall promptly inform in writing
 all interested state agencies,  transportation  authorities,  and  every
 county, city, town and village in which such property is located and the
 appropriate  entity  designated  by the governor pursuant to title IV of
 the  federal  intergovernmental  cooperation  act  of  nineteen  hundred
 sixty-eight  and  the  federal  office of management and budget circular
 A-98 of (a) the issuance of any certificate from the [federal interstate
 commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or other
 federal or state agency authorizing discontinuance of  railroad  service
 or  abandonment  of  railroad  transportation  property, (b) approval of
 discontinuance of service or a determination of abandonment of  railroad
 transportation property pursuant to this section, and (c) the receipt of
 
       S. 6258--A                         18                         A. 9058--A
 an  application  to release a preferential acquisition right to railroad
 transportation property pursuant to this section.
 2.  For  the  purposes of this section, property shall be deemed to be
 abandoned for railroad transportation purposes (a) when, where  required
 by law, a certificate of abandonment of the railroad line situate there
 on has been issued by the [interstate commerce commission] UNITED STATES
 DEPARTMENT  OF  TRANSPORTATION  and/or any other federal or state agency
 having jurisdiction thereof; or (b) when such a certificate of  abandon
 ment is not so required and the use of such property for railroad trans
 portation  purposes has been discontinued with the intent not to resume.
 Intent not to resume may be inferred from circumstances. Non-use of  the
 property  for railroad transportation purposes for two consecutive years
 shall create a presumption of abandonment.   When use of  such  property
 for  railroad  transportation  purposes  has  been discontinued and upon
 request of the property owner or his own motion, the commissioner  shall
 undertake  an investigation thereof, which may include consultation with
 the [interstate commerce commission] UNITED STATES DEPARTMENT OF  TRANS
 PORTATION, and shall render a determination as to whether or not (a) the
 property  owner  has  definite  plans  for  the use of such property for
 purposes ordinarily associated with the safe and normal operation  of  a
 railroad  or  associated  transportation  purposes;  (b)  such  property
 continues to be suitable for such railroad transportation purposes;  and
 (c)  such  property is necessary, either presently or in the future, for
 such railroad transportation purposes.  Such property shall be deemed to
 be abandoned for railroad transportation purposes  if  the  commissioner
 shall  determine  that  (a) the property owner has no definite plans for
 the use of such property for purposes  ordinarily  associated  with  the
 safe  and  normal  operation  of a railroad or associated transportation
 purposes; or (b) such property is no longer suitable for  such  railroad
 transportation  purposes; and (c) such property is not necessary, either
 presently or in the future, for such railroad  transportation  purposes.
 The  commissioner  shall  render  such  determination within ninety days
 after the commencement of  such  investigation  and  such  determination
 shall  be conclusive except that if the property is determined not to be
 so abandoned such determination shall not preclude the undertaking of  a
 subsequent  investigation  concerning  the same property. Sales of aban
 doned railroad transportation property for  continued  or  resumed  rail
 transportation use may be exempted at the commissioner's discretion from
 the  preferential  right of acquisition. This section shall not apply to
 the subsequent resale of  property  lawfully  acquired  subject  to  the
 provisions  of  this  section as then applicable, except when the subse
 quent sale involves property previously exempted from  this  section  by
 the commissioner.
 

S 13.

Section 98 of the transportation law, as added by chapter 267 of
 the laws of 1970, is amended to read as follows:

 

S 98. Tariff  schedules;  publication. Every common carrier shall file
 with the commissioner and shall print and keep open to public inspection
 schedules showing the rates, fares and charges for the transportation of
 passengers and property within the state between  each  point  upon  its
 route  and  all  other  points  thereon; and between each point upon its
 route and all points upon every route leased, operated or controlled  by
 it;  and between each point on its route or upon any route leased, oper
 ated or controlled by it and all points upon  the  route  of  any  other
 common  carrier, whenever a through route and joint rate shall have been
 established or ordered between any two such points.  If  no  joint  rate
 over  a through route has been established, the several carriers in such
 
       S. 6258--A                         19                         A. 9058--A
 through route shall file, print and keep open to public  inspection,  as
 aforesaid,  the  separately established rates, fares and charges applied
 to the through transportation. The schedules printed as aforesaid  shall
 plainly  state  the places between which property and passengers will be
 carried, and shall also contain  the  classification  of  passengers  or
 property in force, and shall also state separately all terminal charges,
 storage  charges, icing charges, and all other charges which the commis
 sioner may require to be stated, all privileges or facilities granted or
 allowed, and any rules or  regulations  which  may  in  anywise  change,
 affect or determine any part, or the aggregate of, such aforesaid rates,
 fares  and  charges, or the value of the service rendered to the passen
 ger, shipper or consignee. Such schedules shall be  plainly  printed  in
 large type, and a copy thereof shall be kept by every such carrier read
 ily  accessible  to and for convenient inspection by the public in every
 station or office of such  carrier  where  passengers  or  property  are
 respectively received for transportation, when such station or office is
 in  charge  of  an agent, and in every station or office of such carrier
 where passenger tickets for transportation or tickets covering  sleeping
 or  parlor  car or other train accommodation are sold or bills of lading
 or receipts for property are issued. All or any of such  schedules  kept
 as   aforesaid  shall  be  immediately  produced  by  such  carrier  for
 inspection upon the demand of any person. A notice printed in bold  type
 and  stating  that such schedules are on file with the agent and open to
 inspection by any person and that the agent will assist any such  person
 to  determine  from  such schedules any transportation rates or fares or
 rules or regulations which are in force shall  be  kept  posted  by  the
 carrier  in  two  public and conspicuous places in every such station or
 office. The form of every such  schedule  shall  be  prescribed  by  the
 commissioner and shall conform in the case of railroad company as nearly
 as  may  be to the form of schedule required by the [interstate commerce
 commission] UNITED STATES DEPARTMENT OF TRANSPORTATION under the act  of
 congress  entitled  "An  act  to  regulate  commerce," approved February
 fourth, eighteen hundred and eighty-seven and the acts amendatory there
 of and supplementary thereto. The commissioner shall  have  power,  from
 time  to  time,  in  his discretion, to determine and prescribe by order
 such changes in the form of such schedules as may  be  found  expedient,
 and to modify the requirements of this section in respect to publishing,
 posting  and  filing  of  schedules either in particular instances or by
 general order applicable to special or peculiar circumstances or  condi
 tions.
 

S  14. 

Section 126 of the transportation law, as added by chapter 267
 of the laws of 1970, is amended to read as follows:

 

S 126. Uniform system of accounts; access  to  accounts;  forfeitures.
 The commissioner may, whenever he deems advisable, establish a system of
 accounts  to  be used by common carriers which are subject to his super
 vision, or may classify the said carriers  and  prescribe  a  system  of
 accounts  for  each  class,  and  may prescribe the manner in which such
 accounts shall be kept. He may also  in  his  discretion  prescribe  the
 forms  of  accounts,  records and memoranda to be kept by such carriers,
 including the accounts, records and memoranda of the movement of traffic
 as well as the receipts and expenditures of  moneys.  Notice  of  alter
 ations  by  the commissioner in the required method or form of keeping a
 system of accounts shall be given to such persons  or  carriers  by  the
 commissioner at least six months before the same are to take effect. The
 system  of  accounts  established  by  the commissioner and the forms of
 accounts, records and memoranda prescribed  by  him  as  provided  above
 
       S. 6258--A                         20                         A. 9058--A
 shall  conform  in the case of railroad companies as nearly as may be to
 those from time to time established and prescribed  by  the  [interstate
 commerce  commission]  UNITED  STATES DEPARTMENT OF TRANSPORTATION under
 the  provisions  of  the  act  of  congress entitled "An act to regulate
 commerce" approved February fourth, eighteen hundred  eighty-seven,  and
 the  acts  amendatory thereof or supplementary thereto. The commissioner
 shall at all times have access to all accounts,  records  and  memoranda
 kept  by  common carriers and may designate any officers or employees of
 the department who shall thereupon have authority under the order of the
 commissioner to inspect and examine any and all  accounts,  records  and
 memoranda  kept  by  such carriers. The commissioner may, after hearing,
 prescribe by order the accounts in which particular outlays and receipts
 shall be entered, charged or credited. At any such hearing the burden of
 proof shall be on the common carrier to establish the correctness of the
 accounts in which such outlays and receipts have been entered,  and  the
 commissioner  may suspend a charge or credit pending submission of proof
 by such carrier.  Where the commissioner has  prescribed  the  forms  of
 accounts,  records and memoranda to be kept by such carriers it shall be
 unlawful for them to keep any other accounts, records or memoranda  than
 those  so  prescribed,  or those prescribed by or under authority of the
 United States.
 

S 15.

Section 134 of the transportation law, as added by  chapter  267
 of the laws of 1970, is amended to read as follows:

 

S 134. Duties  of  commissioner  as to interstate traffic. The commis
 sioner may investigate interstate freight or passenger rates  or  inter
 state  freight  or  passenger service on railroads within the state, and
 when such rates are, in the opinion of the  commissioner,  excessive  or
 discriminatory or are levied or laid in violation of the act of congress
 entitled  "An act to regulate commerce," approved February fourth, eigh
 teen hundred and eighty-seven,  and  the  acts  amendatory  thereof  and
 supplementary  thereto, or in conflict with the rulings, orders or regu
 lations of the [interstate commerce commission] UNITED STATES DEPARTMENT
 OF TRANSPORTATION, the commissioner may apply by petition to the [inter-
 state commerce commission] UNITED STATES  DEPARTMENT  OF  TRANSPORTATION
 for relief or may present to the [interstate commerce commission] UNITED
 STATES  DEPARTMENT  OF TRANSPORTATION all facts coming to his knowledge,
 as to violations of the rulings, orders, or regulations of that  commis
 sion  or  as  to violations of the said act to regulate commerce or acts
 amendatory thereof or supplementary thereto.
 

S 16. The opening paragraph of section 432 of the transportation  law,
 as  amended by chapter 385 of the laws of 1994 and as further amended by
 section 1 of part W of chapter 56 of the laws of  2010,  is  amended  to
 read as follows:

 The  level  of  railroad  participation  in the program for the period
 nineteen hundred eighty-seven through nineteen hundred ninety-one  shall
 depend on the estimated tax abatement as computed by the commissioner of
 taxation  and finance pursuant to either subdivision (c) of section four
 hundred eighty-nine-j or subdivision (c) of section four hundred  eight
 y-nine-hh  of  the real property tax law. The nature of railroad partic
 ipation in the program, as set forth below, shall be based on the  rail
 road's economic or exemption factor under title two-A and title two-B of
 article  four of the real property tax law, as applicable, and the rail
 road's size classification as determined  by  the  [interstate  commerce
 commission]  UNITED  STATES DEPARTMENT OF TRANSPORTATION, based on rail
 road system gross revenues. Regardless of the  level  of  their  partic
 ipation,  all  railroads shall annually certify to the commissioner that
 
       S. 6258--A                         21                         A. 9058--A
 to the best of their knowledge and belief such railroads are in substan
 tial compliance with the terms and conditions of any contracts they  may
 have with the department.
 

S  17.  The  opening paragraph of subdivision 1 of section 1690 of the
 vehicle and traffic law, as amended by chapter 420 of the laws of  2001,
 is amended to read as follows:

 Notwithstanding any other provision of law, where the trial of a traf
 fic  or  parking infraction is authorized or required to be tried before
 the Nassau county district court, and such traffic and  parking  infrac
 tion does not constitute a misdemeanor, felony, violation of subdivision
 one  of  section  eleven hundred ninety-two, subdivision five of section
 eleven hundred ninety-two,  section  three  hundred  ninety-seven-a,  or
 subdivision  (g)  of section eleven hundred eighty of this chapter, or a
 violation of paragraph (b) of subdivision four of section fourteen-f  or
 clause  (b)  of subparagraph (iii) of paragraph [d] C of subdivision two
 of section one hundred forty of the transportation law, or  any  offense
 that  is  part of the same criminal transaction, as that term is defined
 in subdivision two of section 40.10 of the criminal  procedure  law,  as
 such  a  misdemeanor,  felony,  violation  of subdivision one of section
 eleven hundred ninety-two, subdivision two  of  section  eleven  hundred
 ninety-two,  section  three hundred ninety-seven-a or subdivision (g) of
 section eleven hundred eighty of this chapter, or a violation  of  para
 graph  (b)  of  subdivision  four of section fourteen-f or clause (b) of
 subparagraph (iii) of paragraph d of  subdivision  two  of  section  one
 hundred forty of the transportation law, the administrative judge of the
 county  in which the trial court is located, may assign judicial hearing
 officers to conduct such a trial. Such judicial hearing  officers  shall
 be  village  court justices or retired judges either of which shall have
 at least two years of experience conducting trials of traffic and  park
 ing  violations  cases  and  shall  be  admitted to practice law in this
 state. Where such assignment is made, the judicial hearing officer shall
 entertain the case in the same manner as a court and shall:

 

S 18. Subdivision 2 of section 371 of the general  municipal  law,  as
 amended  by  chapter  19  of  the  laws  of  2009, is amended to read as
 follows:

 2. The Nassau county traffic and parking violations agency, as  estab
 lished,  may be authorized to assist the Nassau county district court in
 the disposition and administration of infractions of traffic and parking
 laws, ordinances, rules and regulations and the liability of owners  for
 violations  of  subdivision  (d) of section eleven hundred eleven of the
 vehicle and traffic  law  in  accordance  with  section  eleven  hundred
 eleven-b  of  such law, except that such agency shall not have jurisdic
 tion over (a) the traffic infraction defined under  subdivision  one  of
 section  eleven  hundred  ninety-two of the vehicle and traffic law; (b)
 the traffic infraction defined under subdivision five of section  eleven
 hundred  ninety-two  of  the  vehicle and traffic law; (c) the violation
 defined under paragraph (b) of subdivision four of section fourteen-f of
 the transportation law and the violation defined  under  clause  (b)  of
 subparagraph  (iii) of paragraph [d] C of subdivision two of section one
 hundred forty of the transportation  law;  (d)  the  traffic  infraction
 defined  under  section  three hundred ninety-seven-a of the vehicle and
 traffic law and the traffic infraction defined under subdivision (g)  of
 section  eleven  hundred  eighty of the vehicle and traffic law; (e) any
 misdemeanor or felony; or (f) any offense that is part of the same crim
 inal transaction, as that term is defined in subdivision two of  section
 40.10  of  the criminal procedure law, as a violation of subdivision one
 
       S. 6258--A                         22                         A. 9058--A
 of section eleven hundred ninety-two of the vehicle and traffic  law,  a
 violation  of  subdivision  five of section eleven hundred ninety-two of
 the vehicle and traffic law, a violation of paragraph (b) of subdivision
 four  of  section  fourteen-f  of the transportation law, a violation of
 clause (b) of subparagraph (iii) of paragraph d of  subdivision  two  of
 section  one  hundred  forty  of  the transportation law, a violation of
 section three hundred ninety-seven-a of the vehicle and traffic  law,  a
 violation  of  subdivision  (g)  of section eleven hundred eighty of the
 vehicle and traffic law or any misdemeanor or felony.
 

S 19. Subdivision 1 of section 27-1321 of the environmental  conserva
 tion  law,  as  added  by chapter 915 of the laws of 1983, is amended to
 read as follows:

 1. Notwithstanding any other provision of law  to  the  contrary,  any
 person  who  is,  by professional training or experience and attainment,
 qualified to analyze and interpret matters pertaining to the  treatment,
 storage,  disposal,  or  transport  of  hazardous materials or hazardous
 wastes, and who voluntarily and without expectation of monetary  compen
 sation  provides  assistance  or  advice in mitigating the effects of an
 accidental or threatened discharge of any hazardous materials or hazard
 ous wastes, or in preventing, cleaning up,  or  disposing  of  any  such
 discharge,  shall  not be subject to a penalty or to civil liability for
 damages or injuries alleged to have been  sustained  by  any  person  or
 entity  by reason of an act or omission in the giving of such assistance
 or advice. For the purposes of this section, the term "hazardous materi
 als" shall have the same meaning [given] AS that  term  [in  subdivision
 one  of]  IS  DEFINED  IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
 TRANSPORTATION PURSUANT TO section fourteen-f of the transportation law,
 and the term "hazardous wastes" shall mean those  wastes  identified  or
 listed  pursuant  to  section  27-0903 of this article and any rules and
 regulations promulgated thereunder.
 

S 20. Subdivision 1 of section 156-a of the executive law, as  amended
 by  section  1 of part D of chapter 1 of the laws of 2004, is amended to
 read as follows:

 1. The state fire administrator shall[,  in  his  or  her  discretion,
 consult  with the fire fighting and code enforcement personnel standards
 and education commission established pursuant  to  section  one  hundred
 fifty-nine-a  of  this  article,  to]  establish a specialized hazardous
 materials emergency response training program for individuals  responsi
 ble  for  providing  emergency  response  recovery  following  incidents
 involving hazardous materials as SUCH TERM  IS  defined  in  [accordance
 with]  REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER OF TRANSPORTATION
 PURSUANT TO section fourteen-f of the transportation law. The state fire
 administrator shall inform all fire  companies,  municipal  corporations
 and  districts, including agencies and departments thereof and all fire
 fighters, both paid and volunteer, and related  officers  and  employees
 and  police  officers  of  the  implementation  and  availability of the
 hazardous materials  emergency  response  training  program  and  shall,
 subject  to  the availability of an appropriation, conduct such training
 with sufficient frequency  to  assure  adequate  response  to  incidents
 involving  hazardous  materials  and  protection  of  responders  in all
 geographic areas of the state.
 

S 21. This act shall take effect immediately; provided,  however  that
 the  amendments to subdivision 2 of section 371 of the general municipal
 law, made by section eighteen of this act shall not affect  the  expira
 tion of such section and shall be deemed to expire therewith.
 
       S. 6258--A                         23                         A. 9058--A
 PART H
 

Section  1.  Subdivisions  1  and 2 of section 11-0515 of the environ
 mental conservation law, as amended by chapter 528 of the laws of  1986,
 are amended to read as follows:

 1.  The  department may issue to any person a license revocable at its
 pleasure to collect or possess fish, wildlife, shellfish, crustacea,  OR
 aquatic  insects,  birds' nests or eggs for propagation, banding, scien
 tific or exhibition purposes.  The  department  in  its  discretion  may
 require  an  applicant  to  pay a license fee of ten dollars, [to submit
 written testimonials from two well-known persons] and to file a bond  of
 two hundred dollars to be approved by the department that he OR SHE will
 not  violate  any  provisions  of this article. Each licensee shall file
 with the department [on or before February 1] a  report  [of  his  oper-
 ations  during  the preceding calendar year] CONTAINING SUCH INFORMATION
 AS THE DEPARTMENT MAY REQUIRE. Such license shall  be  [effective  until
 revoked] IN FORCE FOR ONE YEAR ONLY AND SHALL NOT BE TRANSFERABLE.
 2.  The  department may also issue a license revocable at its pleasure
 to possess and sell protected fish, wildlife,  shellfish,  crustacea  or
 aquatic insects for propagation, scientific or exhibition purposes.  The
 department  in  its discretion may require a license fee of ten dollars.
 Such license shall be in force for one year only and shall not be trans
 ferable. Each licensee shall [make] FILE WITH THE  DEPARTMENT  a  report
 [of  his  or her operations at the expiration of the license] CONTAINING
 SUCH INFORMATION AS THE DEPARTMENT MAY REQUIRE. Fish, wildlife,  shellf
 ish,  crustacea or aquatic insects lawfully possessed under this section
 may be sold at any time by the licensee for propagation,  scientific  or
 exhibition purposes only.
 

S  2.  Subdivision 1 of section 11-0521 of the environmental conserva
 tion law, as amended by chapter 600 of the laws of 1993, is  amended  to
 read as follows:

 1.  The  department may direct any environmental conservation officer,
 or issue a permit to any person, to take any wildlife at any time  when
 ever it becomes a nuisance, destructive to public or private property or
 a threat to public health or welfare, provided, however, that where such
 wildlife  is a bear, no such permit shall be issued except upon proof of
 damage to such property or threat to public health or  safety  presented
 to  the  department. Upon presentation of such proof, the department may
 issue a permit authorizing the use of trained tracking dogs pursuant  to
 section  11-0928  of this article, and, if the department has determined
 that no other alternative is feasible, a separate  permit  to  take  the
 bear.  Wildlife  so  taken  shall  be  disposed of as the department may
 direct.  ANY PERSON, AGENCY, CORPORATION OR MUNICIPALITY WHO  OBTAINS  A
 MIGRATORY BIRD DEPREDATION PERMIT OR ORDER ISSUED BY THE FEDERAL DEPART
 MENT  OF  THE INTERIOR PURSUANT TO 50 C.F.R. 13 AND 50 C.F.R. 21, AS MAY
 BE AMENDED FROM TIME TO TIME, SHALL NOT BE REQUIRED TO OBTAIN  A  PERMIT
 FROM THE DEPARTMENT TO CONDUCT THE AUTHORIZED ACTIVITIES.
 

S  3.  Subdivisions  6  and  9 of section 11-0523 of the environmental
 conservation law, subdivision 6 as added by chapter 911 of the  laws  of
 1990  and  subdivision  9 as amended by chapter 114 of the laws of 1981,
 are amended to read as follows:

 6. Raccoons, MUSKRATS, coyotes or fox injuring private property may be
 taken by the owner, occupant or lessee thereof, or an employee or family
 member of such owner, occupant or lessee, at any time in any manner.
 9. Varying hares, cottontail rabbits,  skunks,  black,  grey  and  fox
 squirrels,  raccoons,  MUSKRATS,  opossums  or weasels taken pursuant to
 
       S. 6258--A                         24                         A. 9058--A
 this section in the closed season  or  in  a  manner  not  permitted  by
 section 11-0901 shall be immediately buried or cremated. No person shall
 possess or traffic in such skunks or raccoons or the pelts thereof or in
 such varying hares or cottontail rabbits or the flesh thereof.
 

S  4.  Subdivision 4 of section 11-0524 of the environmental conserva
 tion law, as added by chapter 265 of the laws of  2002,  is  amended  to
 read as follows:

 4.  The  fee for a nuisance wildlife control operator license shall be
 fifty dollars paid annually to be deposited  in  the  conservation  fund
 established  pursuant  to section eighty-three of the state finance law,
 PROVIDED, HOWEVER, THAT A MUNICIPALITY SHALL NOT BE SUBJECT TO THIS FEE.
 

S 5. Subdivisions 3 and 4 of  section  11-0927  of  the  environmental
 conservation law, are amended to read as follows:

 3. Wild game shall not be taken by shooting or otherwise killed in the
 course  of  a field trial. Other game on which a field trial may be held
 as provided in this section may be taken by shooting in the course of  a
 field  trial, except a field trial held on a licensed dog training area,
 provided a license for such shooting has been procured from the  depart
 ment. Game so taken shall be immediately [tagged for identification with
 seals,  to  be supplied to the licensee] IDENTIFIED ON FORMS PROVIDED by
 the department [at the price of five cents each, and  such  seals  shall
 not be removed] until the game is finally prepared for consumption.
 4.  Game  so [tagged] IDENTIFIED may be possessed, transported, bought
 and sold at any time, without limitation by section 11-0917.
 

S 6. Subdivision 2 of section 11-0931 of the  environmental  conserva
 tion  law,  as amended by chapter 483 of the laws of 2010, is amended to
 read as follows:

 2. No firearm or crossbow except a pistol or revolver shall be carried
 or possessed in or on a motor vehicle  unless  it  is  unloaded,  for  a
 firearm  in  both  the  chamber  and  the magazine, except that a loaded
 firearm which may be legally used for taking migratory game birds may be
 carried or possessed in a motorboat while being legally used in  hunting
 migratory  game birds, and no person except a law enforcement officer in
 the performance of his official duties shall, while in  or  on  a  motor
 vehicle, use a jacklight, spotlight or other artificial light upon lands
 inhabited  by  deer if he is in possession or is accompanied by a person
 who is in possession, at the time of such use, of a longbow, crossbow or
 a firearm of any kind except a pistol or revolver, unless  such  longbow
 is  unstrung  or  such  firearm  or  crossbow  is taken down or securely
 fastened in a case or locked in the trunk of the vehicle.  For  purposes
 of  this  subdivision,  motor  vehicle shall mean every vehicle or other
 device operated by any power other than muscle power,  and  which  shall
 include  but  not  be limited to automobiles, trucks, motorcycles, trac
 tors, trailers and motorboats, snowmobiles  and  snowtravelers,  whether
 operated  on  or  off public highways. Notwithstanding the provisions of
 this subdivision, the department may issue a permit to any person who is
 non-ambulatory, except with the use of a mechanized aid,  to  possess  a
 loaded  firearm  in  or  on  a motor vehicle as defined in this section,
 subject to such restrictions as the department may deem necessary in the
 interest of public safety[, and for a fee of five dollars].  Nothing  in
 this  section  permits the possession of a pistol or a revolver contrary
 to the penal law.
 

S 7. Subdivision 2 of section 11-0931 of the  environmental  conserva
 tion  law,  as amended by section 50 of part F of chapter 82 of the laws
 of 2002, is amended to read as follows:

 
       S. 6258--A                         25                         A. 9058--A
 2. No firearm  except  a  pistol  or  revolver  shall  be  carried  or
 possessed  in  or  on  a motor vehicle unless it is unloaded in both the
 chamber and the magazine, except that a  loaded  firearm  which  may  be
 legally used for taking migratory game birds may be carried or possessed
 in a motorboat while being legally used in hunting migratory game birds,
 and no person except a law enforcement officer in the performance of his
 official  duties shall, while in or on a motor vehicle, use a jacklight,
 spotlight or other artificial light upon lands inhabited by deer  if  he
 is  in possession or is accompanied by a person who is in possession, at
 the time of such use, of a longbow, crossbow or a firearm  of  any  kind
 except  a  pistol  or  revolver, unless such longbow is unstrung or such
 firearm is taken down or securely fastened in a case or  locked  in  the
 trunk  of  the  vehicle. For purposes of this subdivision, motor vehicle
 shall mean every vehicle or other device operated  by  any  power  other
 than muscle power, and which shall include but not be limited to automo
 biles,  trucks,  motorcycles, tractors, trailers and motorboats, snowmo
 biles and snowtravelers, whether operated on  or  off  public  highways.
 Notwithstanding  the  provisions of this subdivision, the department may
 issue a permit to any person who is non-ambulatory, except with the  use
 of  a mechanized aid, to possess a loaded firearm in or on a motor vehi
 cle as defined in this section, subject  to  such  restrictions  as  the
 department may deem necessary in the interest of public safety[, and for
 a  fee  of five dollars]. Nothing in this section permits the possession
 of a pistol or a revolver contrary to the penal law.
 

S 8.

Section 11-1003 of the environmental conservation law, as amended
 by section 51 of part F of chapter 82 of the laws of 2002, is amended to
 read as follows:

 

S 11-1003. Falconry license.
 Any resident of this state may  be  issued  a  falconry  license.  The
 department  shall  prescribe  and furnish forms for application for such
 license. The fee for  the  license  shall  be  [twenty]  FORTY  dollars.
 Falconry  licenses shall expire on December 31 every [second] FIFTH year
 and shall be renewable at the discretion of the department.  A  falconry
 license  shall  authorize  the  licensee  to  obtain, buy, sell, barter,
 possess and train raptors  for  falconry  and  to  engage  in  falconry,
 provided  that  no  game  shall be taken or killed except during an open
 season therefor, and further provided  that  such  licensee  shall  also
 possess  a  license pursuant to this chapter which authorizes the holder
 to hunt wildlife.   Any non-resident, who  legally  possesses  a  raptor
 where  he or she resides and who may legally engage in falconry where he
 or she resides, may engage in falconry in New York  without  a  falconry
 license  provided  he  or  she  possesses  a  valid non-resident hunting
 license.
 

S 9.

Section 11-1721 of the environmental conservation  law,  subdivi
 sion 2 as amended by chapter 528 of the laws of 1986, is amended to read
 as follows:

 

S 11-1721. [Tagging] IDENTIFICATION of carcasses and parts thereof.
 1. The provisions of this section apply to carcasses and parts thereof
 of
 a.  domestic  game  killed on the premises of the holder of a domestic
 game bird breeder's license PURSUANT TO SECTION 11-1901 OF THIS ARTICLE,
 domestic game animal breeder's license PURSUANT TO  SECTION  11-1905  OF
 THIS ARTICLE or shooting preserve license PURSUANT TO SECTION 11-1903 OF
 THIS ARTICLE;
 b. [domestic game raised outside the state on the premises of a holder
 of a certificate under section 11-1715, subdivision 1;
 
       S. 6258--A                         26                         A. 9058--A
 c. foreign game imported from outside the United States;
 d.  wild  deer (other than white-tailed deer), moose, elk, caribou and
 antelope, coming from outside the state, imported  pursuant  to  section
 11-1711;
 e.]  bear  possessed  under  license  pursuant  to  section 11-0515 or
 outside the state under a license similar in principle  and  killed  for
 food  purposes[,  and bought and sold for such purpose under permit from
 the department pursuant to section 11-1713];
 [f.] C. trout, black bass, lake trout, landlocked salmon, muskellunge,
 pike, pickerel and walleye taken from fishing preserve  waters  licensed
 pursuant to section 11-1913.
 2.  All  such  [game] CARCASSES AND PARTS shall be [tagged] IDENTIFIED
 with a [tag or seal, which shall  be  supplied]  FORM  PROVIDED  by  the
 department  [for  a  fee  of five cents for each tag or seal. The tag or
 seal shall be affixed to each game bird, and in the case of foreign game
 shall be affixed to the breast skin, and to the flesh  of  each  quarter
 and  loin  of  other game, and shall remain so affixed until the game is
 finally prepared for consumption.  Trout, black bass, lake trout,  land-
 locked  salmon, muskellunge, pike, pickerel and walleye taken from fish-
 ing preserve waters licensed pursuant to section 11-1913 shall be tagged
 as prescribed by the department, with a seal, which shall be supplied by
 the department for a fee of five cents for each seal].
 3. [Domestic game killed in this state] CARCASSES AND PARTS shall  not
 be  possessed  unless  [tagged]  ACCOMPANIED  BY  A FORM PROVIDED BY THE
 DEPARTMENT as required by this  section.  [Foreign  game  imported  from
 outside the United States and domestic and wild game coming from outside
 the  state  shall be tagged before it is brought into the state or imme-
 diately upon its receipt within this state by the consignee.
 4. No person shall counterfeit any seal or tag issued by  the  depart-
 ment.  No  person  shall  attach  such  a  tag to game which is not game
 described in subdivision 1, nor attach to any game described in subdivi-
 sion 1 a tag or seal other than  the  tag  or  seal  prescribed  by  the
 department for the tagging of such game.]
 

S 10.

Section 11-1723 of the environmental conservation law is amended
 to read as follows:

 

S 11-1723. Sale of game and trout; transportation within the state.
 1.  a.  Except  as provided in paragraph b, game and trout required by
 section 11-1721 to be  [tagged,  when  so  tagged]  IDENTIFIED,  may  be
 possessed, bought and sold, and subject to section 11-1725 may be trans
 ported within and from within to without the state by any means.
 b.  No domestic duck, goose, brant or swan killed by shooting shall be
 bought or sold unless marked [by having had the hind toe  of  the  right
 foot removed as provided in subdivision 5 of section 11-1901] IN ACCORD
 ANCE WITH REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY
 THE  DEPARTMENT  OF  THE  INTERIOR  PURSUANT  TO  50 C.F.R. 21 AS MAY BE
 AMENDED FROM TIME TO TIME.
 2. No person shall sell or offer for  sale  any  such  game  or  trout
 unless it is so [tagged] IDENTIFIED.
 

S 11.

Section 11-1725 of the environmental conservation law is amended
 to read as follows:

 

S 11-1725. Shipment by carriers.
 1.  Carriers may receive, and may transport, within and from within to
 without the state, carcasses and parts thereof  of  game,  described  in
 subdivision 1 of section 11-1721[, tagged] AND IDENTIFIED as provided in
 that section, when they are also labeled as provided in this section.
 
       S. 6258--A                         27                         A. 9058--A
 2.  a. When received in this state by a carrier, or transported within
 or from within to without the state by a carrier, every shipment of game
 required by section 11-1721 to be [tagged] IDENTIFIED, shall  also  have
 attached  a  card  or  label  with the following data plainly printed or
 written  thereon: names and addresses of consignor and consignee, number
 and kind of carcasses or parts thereof[, and that the same  is  (as  the
 case  may  be)  domestic  game,  imported foreign game, or game imported
 under permit (in the case of game imported pursuant to  section  11-1711
 or 11-1713)].
 b. If the consignor is the person who holds the game breeder's license
 or shooting preserve license[, or the certificate under section 11-1715,
 or  the  permit under section 11-1711 or 11-1713,] by authority of which
 such game (other than imported foreign game) is saleable, or if the game
 is imported foreign game shipped by a licensed game dealer, the card  or
 label  shall  also  state  the  name  and  address of the holder of such
 license, [certificate or permit] and the number of the license[, certif-
 icate or permit].
 3. No carrier or employee thereof shall, while engaged in  such  busi
 ness,  transport  as  owner  any  fish or game not lawfully saleable. No
 carrier or employee thereof shall knowingly receive or possess any  fish
 or game, whether packed or unpacked, for shipment for any person, unless
 (a)  if it is game or trout described in section 11-1721, it is [tagged]
 IDENTIFIED as required by that section, and (b) in any  case,  it  bears
 the  tag,  card,  IDENTIFICATION or label required by this section or by
 sections 11-0911, 11-0917, 11-1319 or 11-1913.
 

S 12. Subdivisions 1, 5 and 8 of section 11-1901 of the  environmental
 conservation  law,  paragraphs  a  and  b of subdivision 1 as amended by
 chapter 528 of the laws of 1986, are amended to read as follows:

 1. The department may, in its discretion, issue to an owner or  lessee
 of  wholly  enclosed  lands,  or  an entire island, a domestic game bird
 breeder's license permitting him to possess and propagate  such  species
 of  domestic game birds as, in its opinion, he has facilities for propa
 gating on the licensed premises. The license shall expire  on  March  31
 [in  each]  EVERY FIFTH year. The department shall prescribe and furnish
 forms for application for such license.  Applicants  shall  pay  to  the
 department,  and  the  department  shall  be  entitled  to receive, fees
 according to the type of license so issued as follows:

 a. Class A license, [fifty] TWO HUNDRED dollars.  This  license  shall
 allow  the holder thereof to purchase, possess, propagate, transport and
 sell domestic game birds, dead or alive, and their eggs.
 b. Class B license, [ten] FORTY dollars. This license shall allow  the
 holder  thereof  to  purchase, possess and propagate domestic game birds
 for his own use. Birds may be killed for food or released  to  the  wild
 for  restocking.  No  live birds or their eggs or carcasses may be sold,
 exchanged or given away.
 5. Each such domestic duck, goose, brant and  swan  [before  attaining
 the  age  of  four weeks] shall be marked [by having the hind toe of the
 right foot removed, and no such duck, goose, brant or  swan,  over  four
 weeks  of age, may be possessed or sold without such mark] IN ACCORDANCE
 WITH REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY  THE
 DEPARTMENT  OF  THE  INTERIOR PURSUANT TO 50 C.F.R. 21 AS MAY BE AMENDED
 FROM TIME TO TIME. Birds so marked, which have escaped,  may  be  recap
 tured  by  the  licensee.  [Other  such  domestic  game birds which have
 escaped may be recaptured by the licensee provided they  are  marked  as
 prescribed  in  the  rules  and  regulations of the department.] Escaped
 birds may be recaptured only on the premises of the licensee.  [However,
 
       S. 6258--A                         28                         A. 9058--A
 removal  of  the  hind  toe  of the right foot shall not be required for
 captive geese, brant and swans, which were adult birds on March 1,  1967
 and  previously  had  been marked with a V-shaped mark on the web of one
 foot.]
 8.  [a. The department shall supply tags, for which the licensee shall
 pay a fee of five cents each, which shall be affixed to the carcass of a
 domestic game bird and remain so  affixed  until  the  bird  is  finally
 prepared  for  consumption.  No  domestic  game  bird so killed shall be
 possessed without such tag, and only an authorized person shall have  in
 his possession such tags.
 b.  Notwithstanding  any provision in this section to the contrary, no
 untagged carcass may be removed from the premises except carcasses which
 are removed for the purpose of processing.  When  transporting  untagged
 carcasses  for  such processing, the bearer must have a statement signed
 by the licensee stating the number of carcasses  being  transported  and
 the  name and address of the processor. The bearer must also have in his
 possession tags equal  in  number  to  the  carcasses  transported.  The
 processor  or  bearer,  after  picking and dressing the carcasses, shall
 affix the tags, furnished by the licensee, to each carcass.
 c. The licensee shall keep records of the number of tags used, and  no
 tags  shall  be removed from the licensed premises except as provided in
 this subdivision. If a game bird breeder's license is not renewed on its
 expiration date, all unused tags and inventory shall be returned to  the
 nearest  regional office of the department not later than ten days after
 the expiration date of the license. There shall be no  refund  of  money
 for such returned tags, which shall be immediately invalidated.
 d.  The  tagging required by this subdivision shall constitute compli-
 ance with the tagging requirements  of  section  11-1721.  Carcasses  of
 domestic  game  birds,  tagged  as  provided in this subdivision, may be
 possessed, bought, sold, offered for sale and transported, to the extent
 permitted by sections 11-1719 and 11-1723.] DOMESTIC GAME BIRD CARCASSES
 AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
 ARTICLE.
 

S  13. Subdivisions 2, 4 and 6 of section 11-1903 of the environmental
 conservation law are REPEALED and subdivisions 1, 3, 7,  and  10,  para
 graph  c of subdivision 1 as amended by chapter 528 of the laws of 1986,
 subdivision 3 as amended by chapter 465 of the laws of 1976,  and  para
 graph  d  of subdivision 7 as amended by chapter 37 of the laws of 1978,
 are amended to read as follows:

 1. The department may, in its discretion, issue to an owner or  lessee
 of wholly enclosed lands or an entire island a shooting preserve license
 permitting  him  OR HER to purchase, possess, rear and transport, and to
 release and take  by  shooting  therein,  domestic  game  birds  legally
 possessed or acquired. No birds may be held for propagation after [March
 31]  APRIL  15  unless the owner or lessee also has a domestic game bird
 breeder's license as provided for in section 11-1901.  In  the  case  of
 leased  lands,  the  applicant shall furnish with his OR HER application
 evidence of a written lease executed by each lessor covering  the  prem
 ises  to  be  licensed.  The  license shall expire on [March 31 in each]
 APRIL 15 EVERY FIFTH year. The department shall  prescribe  and  furnish
 forms  for  application for such license.  Applicants shall pay, and the
 department shall be entitled to receive, fees according to the  type  of
 license issued as follows:

 a.  Class  A  license,  [fifty] TWO HUNDRED dollars [for the first one
 hundred acres and five dollars for each additional one hundred acres  or
 portion  thereof  comprising the premises described in the application].
 
       S. 6258--A                         29                         A. 9058--A
 This license shall allow the holder thereof to operate a commercial CLUB
 OR MEMBERSHIP shooting preserve WITH A MINIMUM OF ONE HUNDRED ACRES  and
 charge a daily fee for hunting or charge a fee for each bird killed or a
 combination  thereof. Birds may be killed by the licensee for his OR HER
 own use and may be sold dead or alive.
 b. [Class B license, twenty-five dollars for  the  first  one  hundred
 acres  and  two  dollars and fifty cents for each additional one hundred
 acres or portion thereof comprising the premises described in the appli-
 cation. This license shall allow the holder thereof to operate a nonpro-
 fit shooting  preserve  or  a  nonprofit  club  or  membership  shooting
 preserve  with use limited to members and guests. Birds may be killed by
 the licensee for his own use but  no  live  birds,  or  their  eggs,  or
 carcasses  may  be  sold  unless  the licensee holds a Class A game bird
 breeder's license.
 c.] Class [C] B license, [fifteen] SIXTY dollars [for  the  first  one
 hundred  acres  and two dollars for each additional one hundred acres or
 portion thereof comprising the premises described in  the  application].
 This  license  shall  allow  the  holder  thereof  to operate a shooting
 preserve with use restricted to the licensee,  his  OR  HER  family  and
 invitees,  provided  no fees are charged for the privilege of hunting or
 for birds shot. Birds may be killed by the licensee for his OR  HER  own
 use  but  no  live birds, or their eggs, or carcasses may be sold unless
 the licensee holds a Class A game bird breeder's license.
 3. The department may revoke the license of any licensee convicted  of
 a  violation  of  this section, and no license shall be issued to him OR
 HER for the ensuing two years. The licensee,  unless  he  OR  SHE  shall
 waive such right, shall have an opportunity to be heard. Notice of hear
 ing shall be given by mailing the same in writing to the licensee at the
 address  contained in his OR HER license. Attendance of witnesses may be
 compelled by subpoena.  Revocation shall be deemed an administrative act
 reviewable by the supreme court as such.
 7. Domestic game birds may not be killed, by shooting, on the premises
 specified in the application for the license, except under the following
 conditions:

 a. Birds [must be at least fourteen weeks of  age  before  liberation.
 Ducks,  geese,  brant and swans] shall be marked [by having had the hind
 toe of the right foot removed, except] as provided in subdivision  5  of
 section  11-1901[,  and  no  such  duck, goose, brant or swan, over four
 weeks of age, may be possessed, sold or killed by shooting without  such
 mark].  Birds  so  marked,  which have escaped, may be recaptured by the
 licensee. [Other such domestic game birds  which  have  escaped  may  be
 recaptured by the licensee provided they are marked as prescribed in the
 rules  and  regulations  of the department.] Escaped birds may be recap
 tured only on the premises of the licensee.
 [b. Before any shooting of domestic  game  birds  may  be  done  on  a
 licensed  shooting  preserve  the licensee must advise the department in
 writing of the numbers of each species of domestic  game  birds  reared,
 purchased  or otherwise acquired for liberation, and request and receive
 in writing a shooting authorization which shall  state  the  numbers  of
 each  species  of game bird that may be taken by shooting. The number of
 birds authorized to be taken by shooting shall not be less  than  eighty
 per cent of the number liberated.
 Shooting authorization shall be based on the actual number of birds on
 hand  or  on contract at the time of application for such authorization.
 If birds are purchased, the applicant  shall  submit  one  copy  of  the
 contract agreement signed by the purchaser and seller on forms furnished
 
       S. 6258--A                         30                         A. 9058--A
 by  the  department.  The  contract  shall  state  the name, address and
 license number of the party from whom purchased as well as  the  numbers
 of birds purchased and the dates of delivery.
 c.]  B. Ducks, geese, brant and swans liberated under this section may
 be taken only under rules and regulations  made  by  the  department  OR
 ADOPTED BY THE FEDERAL DEPARTMENT OF THE INTERIOR.
 [d]  C.  On the premises described in the application for the license,
 the licensee may kill domestic game birds by shooting from  September  1
 through  [March  31] APRIL 15 and in any manner, other than by shooting,
 at any time, or any person may take domestic game birds by shooting from
 September 1 through [March 31] APRIL 15 with the consent of  the  licen
 see. [When an investigation made by the department in the month of March
 of  any  year  reveals  that during the current shooting preserve season
 reasonable opportunities were not  afforded  to  harvest  domestic  game
 birds  in  any  area  or  areas of the state because of abnormal weather
 conditions, the department shall have  power  to  extend  by  order  the
 shooting  preserve  season  in  such  area  or areas for a period not to
 exceed 15 days.]
 10. a. [The department shall supply tags, for which the licensee shall
 pay a fee of five cents each, which shall be  affixed  to  the  carcass]
 CARCASSES  AND  PARTS  of  [a] domestic game [bird and remain so affixed
 until the bird is finally  prepared  for  consumption]  BIRDS  SHALL  BE
 ACCOMPANIED  BY  A  FORM  PROVIDED BY THE DEPARTMENT PURSUANT TO SECTION
 11-1721 OF THIS ARTICLE.   No domestic game birds  so  killed  shall  be
 possessed  OR  TRANSPORTED  without such [tag] FORM.  Only an authorized
 person as provided in the rules and regulations of the department  shall
 have in his OR HER possession such [tags] FORM.
 b.  [Notwithstanding any provision in this section to the contrary, no
 untagged carcass may be removed from the premises except carcasses which
 are removed for processing. When  transporting  untagged  carcasses  for
 processing,  the  bearer  must  have  a statement signed by the licensee
 stating the number of carcasses transported and the name and address  of
 the processor. The bearer must also have in his possession tags equal in
 number  to  the  carcasses  transported.  The processor or bearer, after
 picking and dressing the carcasses, shall affix the tags,  furnished  by
 the licensee, to each carcass.
 c.  The  licensee  shall keep records of the number of tags used. If a
 shooting preserve license is not renewed on  its  expiration  date,  all
 unused  tags  on  inventory  shall  be  returned to the nearest regional
 office of the department not later than ten days  after  the  expiration
 date of the license. There shall be no refund of money for such returned
 tags, which shall be immediately invalidated.
 d.  The  tagging required by this subdivision shall constitute compli-
 ance with the tagging requirements  of  section  11-1721.  Carcasses  of
 domestic  game  birds,  tagged  as  provided in this subdivision, may be
 possessed and transported by all licensees under this section, and  they
 may  be  bought,  sold  and  offered for sale to the extent permitted by
 sections 11-1719 and 11-1723, except that no domestic duck, goose, brant
 or swan shall be bought, sold or killed by  shooting  unless  marked  as
 provided  in subdivision 7 of this section] DOMESTIC GAME BIRD CARCASSES
 AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
 ARTICLE.
 

S  14.  Subdivisions  1  and 6 of section 11-1905 of the environmental
 conservation law, the opening paragraph of subdivision 1 as  amended  by
 chapter  41  of the laws of 1973, paragraphs a and b of subdivision 1 as
 
       S. 6258--A                         31                         A. 9058--A
 amended by chapter 528 of the laws of  1986,  are  amended  to  read  as
 follows:

 1.  The department may, in its discretion, issue to an owner or lessee
 of wholly enclosed lands or an entire  island  a  domestic  game  animal
 breeder's  license permitting him to possess and propagate domestic game
 animals provided such animals are confined and cared  for  according  to
 specifications  and  regulations  which  the department, by order, shall
 adopt. The license shall expire on March 31 [of each] EVERY FIFTH  year.
 The  department  shall  prescribe  and furnish forms for application for
 such license. Applicants shall pay, and the department shall be entitled
 to receive, fees in accordance with the type of license issued.
 a. Class A license, [fifty] TWO HUNDRED dollars.  This  license  shall
 allow  the holder thereof to purchase, possess, propagate, transport and
 sell domestic game animals dead or alive.
 b. Class B license, [ten] FORTY dollars. This license shall allow  the
 holder  thereof to purchase, possess and propagate domestic game animals
 for his own use. No animals may be sold, exchanged or given away  except
 that  portions  of the carcass may be given away provided they are pack
 aged and the package bears the name and license number of the licensee.
 6. [a. The department shall supply tags  for  Class  A  licenses,  for
 which the licensees shall pay five cents each, which shall be affixed to
 each quarter and loin of each carcass of domestic game animals killed by
 Class  A  licensees  and  remain  so  affixed  until the game is finally
 prepared for consumption. No domestic game animal  so  killed,  nor  any
 portion of the carcass thereof, shall be possessed without such tag, and
 no person shall sell such quarter or loin without such tag attached.
 b.  The  tagging required by this subdivision shall constitute compli-
 ance with the tagging requirements of section 11-1721. Loins or quarters
 of domestic game animals, killed by Class  A  licensees  and  tagged  as
 provided in this subdivision, may be possessed, bought, sold and offered
 for sale, and transported as provided in section 11-1723 and may be sold
 and  offered  for  sale  by  the  holder of a Class A license under this
 section without the  game  dealer's  license  provided  for  in  section
 11-1719.]  DOMESTIC  GAME ANIMAL CARCASSES AND PARTS SHALL BE IDENTIFIED
 AS REQUIRED BY SECTION 11-1721 OF THIS ARTICLE.
 

S 15.

Section 11-1907 of the environmental conservation law is amended
 by adding a new subdivision 3 to read as follows:

 3. ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE DEPARTMENT  SHALL
 NOT ISSUE ANY NEW LICENSES PURSUANT TO THIS SECTION.
 

S 16. Subparagraph 4 of paragraph b of subdivision 2 and subdivision 6
 of section 11-1913 of the environmental conservation law, paragraph a of
 subdivision 6 as amended by chapter 528 of the laws of 1986, are amended
 to read as follows:

 (4)  specify the manner of [tagging] IDENTIFICATION OF fish taken from
 the licensed waters, and
 6. a. All trout, black bass, lake trout,  landlocked  salmon,  muskel
 lunge,  pike,  pickerel  and  walleye  taken  from  the licensed fishing
 preserve waters, shall  be  immediately  [tagged]  IDENTIFIED  ON  FORMS
 PROVIDED  BY  THE DEPARTMENT as prescribed in the license or by order of
 the department. [Such tags shall be furnished by the department and sold
 to the licensee at the cost of five cents per tag.]
 b. The [tag so affixed] IDENTIFICATION  FORM  shall  [not  be  removed
 from] ACCOMPANY the fish until the same is finally prepared for consump
 tion.
 c.  No  fish, required to be [tagged] IDENTIFIED as specified in para
 graph a of this subdivision, taken pursuant to  this  section  shall  be
 
       S. 6258--A                         32                         A. 9058--A
 possessed  off  the  premises of the fishing preserve without such [tag]
 IDENTIFICATION FORM, and no person shall sell  such  fish  without  such
 [tag  attached,  except for scientific, exhibition or stocking purposes]
 IDENTIFICATION FORM.
 d.  Fish  taken from such fishing preserves and [tagged] IDENTIFIED as
 provided in this subdivision, may be possessed, bought, sold and offered
 for sale, and transported without restriction. Fish raised or  possessed
 under  license  issued  under  this  section may be sold at any time for
 scientific, exhibition, propagation or stocking purposes.
 

S 17. Subdivision 14 of section 13-0309 of the environmental conserva
 tion law, as amended by section 1 of part A of chapter 59 of the laws of
 2006, is amended to read as follows:

 14. The department, until April  first,  two  thousand  [ten]  SIXTEEN
 shall  be entitled to collect fifteen cents per bushel of surf clams and
 ten cents per bushel of ocean quahogs taken from all certified waters to
 be deposited in the  surf  clam/ocean  quahog  account  as  provided  in
 section eighty-three of the state finance law.
 

S  18. Subdivision 3 of section 11-0103 of the environmental conserva
 tion law, as added by chapter 664 of the laws of  1972,  is  amended  to
 read as follows:

 3.  "Wild  game"  means  all  game,  except (a) domestic game bird and
 domestic game animal as defined  in  subdivision  4;  (b)  carcasses  of
 foreign  game  as  defined in section 11-1717, imported from outside the
 United States [and tagged as provided  in  section  11-1721];  (c)  game
 propagated  or  kept  alive in captivity as provided in section 11-1907;
 (d) game imported alive pursuant to license of the department, or  arti
 ficially  propagated,  until  such  game  is  liberated; and (e) game so
 imported or propagated when liberated for the purpose of a  field  trial
 and taken during the field trial for which it was liberated.
 

S  19. Subdivision 2 of section 11-1717 of the environmental conserva
 tion law, as added by chapter 664 of the laws of  1972,  is  amended  to
 read as follows:

 2.  The  carcasses,  or  parts  thereof, of foreign game imported from
 outside the United States  may  be  bought  and  sold  [when  tagged  as
 required  in  section  11-1721,  subject  to  the  provisions of section
 11-1719 with respect to dealers' licenses].
 

S 20. This act shall take effect immediately, except that if this  act
 shall  have  become  a law on or after April 1, 2012 this act shall take
 effect immediately and shall be deemed to have been in  full  force  and
 effect  on  and  after  April  1,  2012; provided that the amendments to
 subdivision 2 of section 11-0931 of the environmental  conservation  law
 made  by  section six of this act shall be subject to the expiration and
 reversion of such subdivision pursuant to chapter 483  of  the  laws  of
 2010, as amended, when upon such date the provisions of section seven of
 this act shall take effect.
 PART I
 

Section  1.

Section 2 of the public service law is amended by adding a
 new subdivision 28 to read as follows:

 28. THE TERM "VOICE-OVER-INTERNET PROTOCOL SERVICE" OR "VOIP  SERVICE"
 WHEN  USED  IN  THIS  CHAPTER,  SHALL MEAN ANY SERVICE THAT: (A) ENABLES
 REAL-TIME TWO-WAY VOICE COMMUNICATIONS THAT ORIGINATE FROM OR  TERMINATE
 TO  THE  USER'S LOCATION USING INTERNET PROTOCOL OR ANY SUCCESSOR PROTO
 COL; (B) USES A BROADBAND CONNECTION FROM THE USER'S LOCATION;  AND  (C)
 PERMITS  USERS  GENERALLY  TO RECEIVE CALLS THAT ORIGINATE ON THE PUBLIC
 
       S. 6258--A                         33                         A. 9058--A
 SWITCHED TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE PUBLIC SWITCHED
 TELEPHONE NETWORK.
 

S  2.  Paragraph d of subdivision 1 of section 5 of the public service
 law, as amended by chapter 155 of the laws of 1970, is amended  to  read
 as follows:

 d. To every telephone line which lies wholly within the state and that
 part  within  the  state  of New York of every telephone line which lies
 partly within and partly without the state and to the persons or  corpo
 rations  owning, leasing or operating any such telephone line.  NOTWITH
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE COMMIS
 SION, THE DEPARTMENT OF PUBLIC SERVICE,  NOR  ANY  OTHER  DEPARTMENT  OR
 AGENCY  OF  THIS STATE, OR ANY POLITICAL SUBDIVISION THEREOF, SHALL HAVE
 AUTHORITY TO REGULATE THE ENTRY, RATES OR  OTHER  TERMS  OF  SERVICE  OF
 VOICE-OVER-INTERNET  PROTOCOL SERVICE.   PROVIDED, HOWEVER, THAT NOTHING
 IN THIS PARAGRAPH SHALL AFFECT THE AUTHORITY OF THE STATE OR  ITS  AGEN
 CIES  TO  ENFORCE  SUCH REQUIREMENTS AS ARE OTHERWISE EXPRESSLY PROVIDED
 FOR BY FEDERAL LAW, INCLUDING, BUT NOT LIMITED  TO,  CONNECTION  TO  911
 FACILITIES,  THE  COLLECTION  OF  ENHANCED  911 FEES, TELECOMMUNICATIONS
 RELAY  SERVICE  FEES,  OR  FEDERAL  UNIVERSAL  SERVICE  FUND   FEES   ON
 VOICE-OVER-INTERNET  PROTOCOL  SERVICES THAT MAY BE DETERMINED TO APPLY,
 OR BE CONSTRUED TO (1) MODIFY  OR  AFFECT  THE  RIGHTS,  OBLIGATIONS  OR
 AUTHORITY OF ANY ENTITY, INCLUDING BUT NOT LIMITED TO THE PUBLIC SERVICE
 COMMISSION,  TO  ACT PURSUANT TO, OR ENFORCE THE PROVISIONS OF 47 U.S.C.
 251, 47 U.S.C. 252, ANY APPLICABLE TARIFF, OR ANY STATE LAW, RULE, REGU
 LATION OR ORDER RELATED TO WHOLESALE  RIGHTS,  DUTIES  AND  OBLIGATIONS,
 INCLUDING THE RIGHTS, DUTIES, AND OBLIGATIONS OF LOCAL EXCHANGE CARRIERS
 TO  INTERCONNECT  AND  EXCHANGE  VOICE TRAFFIC; (2) MODIFY OR AFFECT THE
 AUTHORITY OF THE PUBLIC SERVICE COMMISSION TO IMPLEMENT, CARRY OUT,  AND
 ENFORCE  SUCH  PROVISIONS, RIGHTS, DUTIES, OBLIGATIONS OR TARIFF THROUGH
 ARBITRATION PROCEEDINGS OR OTHER AVAILABLE MECHANISMS AND PROCEDURES; OR
 (3) AFFECT THE PAYMENT OF SWITCHED NETWORK ACCESS RATES OR OTHER  INTER
 CARRIER  COMPENSATION  RATES,  AS  APPLICABLE.   NOTHING HEREIN SHALL BE
 CONSTRUED TO AFFECT THE APPLICATION OR ENFORCEMENT OF OTHER STATUTES  OR
 REGULATIONS  THAT  APPLY  GENERALLY  TO  THE  CONDUCT OF BUSINESS IN THE
 STATE, INCLUDING CONSUMER PROTECTION, TAXATION OR  UNFAIR  OR  DECEPTIVE
 TRADE PRACTICES RULES OF GENERAL APPLICABILITY.
 

S 3. Subdivision 1 of section 90 of the public service law, as amended
 by chapter 414 of the laws of 1981, is amended to read as follows:

 1.  [The]  EXCEPT  AS  PROVIDED  IN  PARAGRAPH D OF SUBDIVISION ONE OF
 SECTION FIVE OF THIS CHAPTER, THE provisions of this article shall apply
 to communication by telegraph or telephone between one point and another
 within the state of New York and  to  every  telegraph  corporation  and
 telephone corporation.
 

S 4. This act shall take effect immediately.
 PART J
 

Section  1.  Paragraph  f  of  subdivision 1 of section 72-0402 of the
 environmental conservation law, as added by chapter 99 of  the  laws  of
 2010, is amended to read as follows:

 f.  In any case where a generator EITHER (I) recycles more than ninety
 percent of the [amount] TOTAL TONS of hazardous waste or more than nine
 ty percent of the [amount] TOTAL TONS of hazardous wastewater  WHICH  it
 [produces  in  any] GENERATED DURING THAT calendar year, as certified to
 the commissioner, [upon which a fee is imposed pursuant to this section,
 any such fee imposed or to be imposed in such  case]  OR  (II)  RECYCLES
 
       S. 6258--A                         34                         A. 9058--A
 MORE  THAN FOUR THOUSAND TONS OF HAZARDOUS WASTE OR MORE THAN FOUR THOU
 SAND TONS OF HAZARDOUS WASTEWATER WHICH IT GENERATED  IN  THAT  CALENDAR
 YEAR, AS CERTIFIED TO THE COMMISSIONER, THE FEE IMPOSED PURSUANT TO THIS
 SECTION  shall be [determined] CALCULATED AND IMPOSED based upon the net
 amount of hazardous waste or THE  NET  AMOUNT  OF  hazardous  wastewater
 generated[,  as  applicable,  which] THAT is not [so] recycled in [such]
 THAT calendar year, rather than  upon  the  gross  [amount]  AMOUNTS  of
 hazardous waste [or] AND hazardous wastewater generated in such calendar
 year.
 

S 2. This act shall take effect immediately and shall apply to hazard
 ous  waste  program  fee bills issued by the department of environmental
 conservation after January 1, 2012  for  hazardous  waste  or  hazardous
 wastewater generated during calendar year 2011 or later.
 PART K
 

Section  1.  Subdivisions 2 and 4 of section 97-1 of the state finance
 law, as added by chapter 565 of the law of 1989, are amended to read  as
 follows:

 2.  The  sewage  treatment  program management and administration fund
 [shall] MAY consist of (a) all moneys transferred to the state from  the
 water  pollution  control  revolving  fund  pursuant  to  section twelve
 hundred eighty-five-j of the  public  authorities  law,  (b)  all  OR  A
 PORTION  OF  moneys made available to New York state for the purposes of
 administering and managing  financial  assistance  provided  to  munici
 palities from the water pollution control revolving fund pursuant to the
 Federal  Water  Pollution Control Act, and (c) all other moneys credited
 or transferred thereto from any other fund or source  pursuant  to  law.
 Notwithstanding  the  foregoing, no money reserved for planning pursuant
 to section six hundred four (b) of the Federal Water  Pollution  Control
 Act  shall  be  deposited in the sewage treatment program management and
 administration fund.
 4. Moneys in such fund, following appropriation  by  the  legislature,
 [shall]  MAY be used, for the purpose of paying all costs of the depart
 ment of environmental conservation  and  New  York  state  environmental
 facilities  corporation  for management and administration of the sewage
 treatment program established by section 17-1909  of  the  environmental
 conservation  law  and  of  the  water  pollution control revolving fund
 established by  section  twelve  hundred  eighty-five-j  of  the  public
 authorities law.
 

S  2. Subdivisions 2 and 4 of section 97-ddd of the state finance law,
 as added by chapter 432 of the laws of 1997,  are  amended  to  read  as
 follows:

 2.  The  drinking  water  program  management  and administration fund
 [shall] MAY consist of (a) all moneys transferred to the state from  the
 drinking  water revolving fund pursuant to section twelve hundred eight
 y-five-m of the public authorities law, (b) all OR A PORTION  OF  moneys
 made  available  to  New  York  state  for purposes of administering and
 managing financial assistance provided to recipients from  the  drinking
 water  revolving  fund  pursuant to the Federal Safe Drinking Water Act,
 and (c) all other moneys credited or transferred thereto from any  other
 fund or source pursuant to law.
 4.  Moneys  in  the  fund, following appropriation by the legislature,
 [shall] MAY be used, for the purpose of paying all costs of the  depart
 ment  of  health and New York state environmental facilities corporation
 for management and administration of the drinking water  program  estab
 
       S. 6258--A                         35                         A. 9058--A
 lished  by  title four of article eleven of the public health law and of
 the drinking water revolving fund established by section twelve  hundred
 eighty-five-m of the public authorities law.
 

S  3. Subdivisions 5 and 7 of section 1285-j of the public authorities
 law, subdivision 5 as amended by chapter 134 of the  laws  of  2007  and
 subdivision  7  as added by chapter 565 of the laws of 1989, are amended
 to read as follows:

 5. The corporation [shall] MAY make payments to the  sewage  treatment
 program  management  and administration fund in accordance with subdivi
 sion seven of this section to reimburse such fund for expenditures  made
 pursuant  to  appropriation  to  pay the cost of the corporation and the
 department of environmental conservation for administering and  managing
 the  water  pollution  control  revolving  fund  program  established in
 section ninety-seven-l of the state finance law, for  such  costs.  Such
 reimbursement  shall  be  made from (a) available investment earnings on
 all amounts in the water pollution control revolving fund excluding  all
 amounts in the fund which are the subject of allocations or other finan
 cial  assistance  to  a  municipality;  and (b) payments received from a
 municipality for such purpose pursuant to a project financing  agreement
 or  loan  agreement; and (c) if the sources of revenue described in this
 paragraph and paragraphs (a) and (b) of  this  subdivision  are  or  are
 anticipated  to  be  insufficient,  then  from  the  proceeds of federal
 capitalization grants, awards or assistance appropriated to the fund for
 administration and management of such program.
 Notwithstanding the foregoing, if the sources of revenues described in
 paragraphs (a), (b) and (c) of this subdivision are at any time insuffi
 cient to make a reimbursement to the state pursuant to this  subdivision
 when  due,  the corporation shall make such reimbursement from any other
 available amounts in the water pollution control revolving fund, exclud
 ing all amounts that are the subject of allocations, provided, that  the
 amounts  paid from fund sources other than those described in paragraphs
 (a), (b) and (c) of this subdivision shall be reimbursed upon a determi
 nation by the director of the budget that future revenues obtained  from
 sources described in paragraphs (a), (b) and (c) of this subdivision are
 in excess of the amounts reasonably needed to make future reimbursements
 pursuant to this subdivision.
 7.  The  corporation  [shall]  MAY  transfer  to  the sewage treatment
 program management  and  administration  fund  established  pursuant  to
 section  ninety-seven-l of the state finance law no less frequently than
 semi-monthly amounts from the fund sufficient to  reimburse  the  sewage
 treatment  program management and administration fund in accordance with
 the provisions of subdivision five of this section.
 

S 4. Subdivision 7 of section 1285-m of the public authorities law, as
 added by chapter 413 of the laws of 1996, is amended to read as follows:

 7. The corporation [shall] MAY transfer to the state on such  schedule
 as the corporation and the department of health shall agree amounts from
 the  fund  to  reimburse  the state in accordance with the provisions of
 subdivision five of this section.
 

S 5. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2012.
 PART L
 

Section 1.

Section 140 of the agriculture and markets law, as added by
 chapter 631 of the laws of 1955, subdivision 1 as amended by chapter 592
 of the laws of 2003, is amended to read as follows:

 
       S. 6258--A                         36                         A. 9058--A
 

S 140. Samples;  publication  of results of tests. 1. The commissioner
 or his or her duly authorized  representatives  shall  take  samples  of
 seeds  [and  submit  them to the director of the New York state agricul-
 tural experiment station] for examination, analysis, and testing BY  THE
 DEPARTMENT. THE COMMISSIONER MAY CONTRACT WITH A QUALIFIED LABORATORY TO
 PERFORM SUCH EXAMINATION, ANALYSIS, AND TESTING. When the analysis of an
 official  sample  indicates that seed is mislabeled, the results of such
 analysis shall be provided to the person responsible for the labeling of
 the seed and, upon that person's request, made within  fifteen  days  of
 his  or  her  receipt  of  said  results, the commissioner or his or her
 authorized agent shall furnish such person with a portion of the  sample
 taken.
 2. [The director of the New York state agricultural experiment station
 shall  examine,  analyze,  or test, or cause to be examined, analyzed or
 tested such samples of seeds taken under the provisions of this  article
 as  shall  be submitted to him for that purpose by the commissioner, and
 shall report the results of such analysis, examination,  or  testing  to
 the  commissioner.  For  this  purpose  the  New York state agricultural
 experiment station may establish and maintain trial grounds and  a  seed
 laboratory  with  the  necessary  equipment,  and may employ experts and
 incur such expense as may be necessary to comply with  the  requirements
 of this article.
 3.]  From  time  to  time  the [New York state agricultural experiment
 station, in cooperation with the] department of agriculture and markets,
 shall make public the results of  examinations,  analyses,  trials,  and
 tests  of  any  sample  or samples so procured, together with such addi
 tional information as  circumstances  advise.  These  published  results
 shall be the property of the state of New York and shall not be used for
 advertising or regulatory purposes by any person or agency, governmental
 or otherwise without requested and granted permission of the commission
 er [of agriculture and markets].
 

S  2.   

Section 140-a of the agriculture and markets law, as added by
 chapter 631 of the laws of 1955, is amended to read as follows:

 

S 140-a. Provision for seed tests.  Any citizen of  this  state  shall
 have  the  privilege  of  submitting to the [New York state agricultural
 experiment station] DEPARTMENT samples of seeds for [test]  TESTING  and
 analysis subject to [such rules and regulations as may be adopted by the
 director  of said experiment station and approved by Cornell university]
 PAYMENT OF A FEE TO THE COMMISSIONER THAT SHALL, AT A MINIMUM, COVER THE
 FULL COSTS OF THE SERVICES PROVIDED. ALL MONIES RECEIVED BY THE  COMMIS
 SIONER  PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN AN ACCOUNT WITHIN
 THE MISCELLANEOUS SPECIAL RECEIVE FUND AND SHALL BE USED TO  DEFRAY  THE
 EXPENSES  INCIDENTAL  TO  CARRYING  OUT  THE SERVICES AUTHORIZED BY THIS
 SECTION.
 

S 3. This act shall take effect immediately.
 PART M
 

Section 1. Subdivision 25-c of  section  16  of  the  agriculture  and
 markets  law,  as added by section 1 of part H of chapter 59 of the laws
 of 2006, is amended to read as follows:

 25-c. The commissioner may enter into a contract or cooperative agree
 ment under which [laboratory] services, INCLUDING, BUT NOT  LIMITED  TO,
 LABORATORY SERVICES AND SERVICES RELATING TO FOOD SAFETY AND INSPECTION,
 ANIMAL  HEALTH,  INVASIVE SPECIES CONTROL, THE COLLECTION OF SAMPLES FOR
 RESEARCH STUDIES AND SIMILAR SERVICES RELATING TO THE DUTIES AND RESPON
 
       S. 6258--A                         37                         A. 9058--A
 SIBILITIES of the department may be made available  to  federal,  state,
 local,  and  educational  entities when, in the commissioner's judgment,
 such contract or cooperative agreement shall be in the  public  interest
 and  shall  not adversely affect the department's obligations under this
 chapter. Such contracts or cooperative agreements shall require  payment
 by  contractors  and cooperators of, at a minimum, the full costs of the
 services provided.  All moneys received by the commissioner pursuant  to
 such  contracts  and  agreements shall be deposited in an account within
 the miscellaneous special revenue fund and shall be used to  defray  the
 expenses  incidental  to  carrying  out  the services authorized by this
 subdivision.
 

S 2. This act shall take effect immediately.
 PART N
 

Section 1.

Section 251-z-3 of the  agriculture  and  markets  law,  as
 amended  by  chapter  307  of  the laws of 2004, the second undesignated
 paragraph as amended by section 2 of part II of chapter 59 of  the  laws
 of 2009, is amended to read as follows:

 

S  251-z-3. Licenses; fees. No person shall maintain or operate a food
 processing establishment unless licensed biennially by the commissioner.
 Application for a license to operate  a  food  processing  establishment
 shall be made, upon a form prescribed by the commissioner[, on or before
 the  fifteenth  of  the month preceding the applicable license period as
 herein prescribed. The license period shall begin February fifteenth for
 applicants who apply for a license between February  fifteenth  and  May
 fourteenth, May fifteenth for applicants who apply for a license between
 May fifteenth and August fourteenth, August fifteenth for applicants who
 apply  for  a  license between August fifteenth and November fourteenth,
 and November fifteenth for applicants who apply for  a  license  between
 November  fifteenth and February fourteenth]. RENEWAL APPLICATIONS SHALL
 BE SUBMITTED TO THE COMMISSIONER AT  LEAST  THIRTY  DAYS  PRIOR  TO  THE
 COMMENCEMENT OF THE NEXT LICENSE PERIOD.
 The  applicant  shall  furnish  evidence of his or her good character,
 experience and competency, that the establishment has  adequate  facili
 ties and equipment for the business to be conducted, that the establish
 ment  is  such  that  the cleanliness of the premises can be maintained,
 that the product produced therein will not become  adulterated  and,  if
 the applicant is a retail food store, that the applicant has an individ
 ual in a position of management or control who has completed an approved
 food safety education program pursuant to section two hundred fifty-one
 z-twelve of this article. The commissioner, if so satisfied, shall issue
 to  the  applicant,  upon  payment  of  the  license fee of four hundred
 dollars,  a  license  to  operate  the  food  processing   establishment
 described  in  the  application.  However, the license fee shall be nine
 hundred dollars for a food processing establishment  determined  by  the
 commissioner,  pursuant to duly promulgated regulations, to require more
 intensive regulatory  oversight  due  to  the  volume  of  the  products
 produced,  the  potentially  hazardous nature of the product produced or
 the multiple number of processing operations conducted in the establish
 ment. The license application for retail food stores shall  be  accompa
 nied  by  documentation  in  a  form  approved by the commissioner which
 demonstrates that the food safety education program requirement has been
 met. The license shall take effect on the date of issuance and  continue
 [until  the  last day of the applicable license period set forth in this
 section] FOR TWO YEARS FROM SUCH DATE.
 
       S. 6258--A                         38                         A. 9058--A
 [Notwithstanding any other provision  of  law  to  the  contrary,  the
 commissioner  is  hereby  authorized  and  directed to deposit all money
 received pursuant to this section in an account within the miscellaneous
 special revenue fund.]
 

S 2. Subdivision 4 of section 128-a of the agriculture and markets law
 is  REPEALED and subdivisions 5, 6, 7, 8, 9 and 10 are renumbered subdi
 visions 4, 5, 6, 7, 8 and 9.
 

S 3. Subdivision 3 of section 133-a of the agriculture and markets law
 is REPEALED.
 

S 4.

Section 90-b of the state finance law is REPEALED.
 

S 5. This act shall take effect immediately.
 PART O
 

Section 1. Notwithstanding any law to the contrary, the comptroller is
 hereby authorized and directed to receive for deposit to the  credit  of
 the  general  fund  the amount of up to $913,000 from the New York state
 energy research and development authority.
 

S 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2012.
 PART P
 

Section  1.  Expenditures  of  moneys appropriated in a chapter of the
 laws of 2012 to the energy research and development authority, under the
 research, development and demonstration program, from the special reven
 ue funds - other/state operations, miscellaneous special revenue fund
 339,  energy  research and planning account, and special revenue funds
 other/aid to localities, miscellaneous special revenue fund - 339, ener
 gy research and planning account shall be subject to the  provisions  of
 this  section.  Notwithstanding  the  provisions  of  subdivision 4-a of
 section 18-a of the public service law, all moneys committed or expended
 shall be reimbursed by assessment against gas corporations and  electric
 corporations  as defined in section 2 of the public service law, and the
 total amount which may be charged to any gas corporation and  any  elec
 tric  corporation  shall not exceed one cent per one thousand cubic feet
 of gas sold and .010 cent per kilowatt-hour of electricity sold by  such
 corporations  in  their  intrastate  utility operations in calendar year
 2010. Such  amounts  shall  be  excluded  from  the  general  assessment
 provisions  of  subdivision 2 of section 18-a of the public service law,
 but shall be billed and paid in the manner set forth in such subdivision
 and upon receipt shall be paid to the state comptroller for  deposit  in
 the state treasury for credit to the miscellaneous special revenue fund.
 The  director  of  the  budget shall not issue a certificate of approval
 with respect to the commitment and expenditure of moneys  hereby  appro
 priated  until the chair of such authority shall have submitted, and the
 director of the budget shall have approved,  a  comprehensive  financial
 plan  encompassing  all  moneys available to and all anticipated commit
 ments and expenditures by such authority from any source for  the  oper
 ations of such authority. Copies of the approved comprehensive financial
 plan shall be immediately submitted by the director of the budget to the
 chairs and secretaries of the legislative fiscal committees.
 

S  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2012.
 PART Q
 
       S. 6258--A                         39                         A. 9058--A
 

Section 1. Paragraphs (c) and (d) of subdivision 3  of  section  5  of
 chapter  35  of the laws of 1979, relating to appropriating funds to the
 New York state urban development corporation  for  the  acquisition  and
 initial  planning  of convention and exhibition center facilities in New
 York  county,  as  amended by chapter 3 of the laws of 2004, are amended
 and a new paragraph (e) is added to read as follows:

 (c) Enter into such other agreements with the city, the state, the New
 York state urban development  corporation,  the  operating  corporation,
 Triborough  bridge  and tunnel authority and the state of New York mort
 gage agency as the parties thereto deem appropriate  to  effectuate  the
 provisions  of this act, and to effectuate the expansion project and any
 convention center hotel and the financing thereof pursuant to the  chap
 ter of the laws of 2004 which amended this paragraph; [and]
 (d)  If  the subsidiary enters into an agreement with the metropolitan
 transportation authority for the acquisition of the Quill building, then
 any and all proceeds shall be applied to and used for  the  metropolitan
 transportation authority's capital plan[.]; AND
 (E)  SELL, GRANT OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY
 OWNED BY THE NEW YORK CONVENTION CENTER DEVELOPMENT CORPORATION  INCLUD
 ING,  WITHOUT  LIMITATION, THE PROPERTIES IN THE BOROUGH OF MANHATTAN IN
 THE CITY OF NEW YORK, LOCATED BETWEEN 11TH AND  12TH  AVENUES  AND  33RD
 STREET AND 34TH STREET AND BETWEEN 35TH STREET AND 36TH STREET ALONG THE
 EASTERN  BORDER  OF  11TH  AVENUE,  THAT  IS  DETERMINED BY THE NEW YORK
 CONVENTION CENTER DEVELOPMENT CORPORATION  TO  BE  UNNECESSARY  FOR  THE
 OPERATION OF THE CONVENTION CENTER, THE EXPANSION PROJECT OR ANY CONVEN
 TION  CENTER HOTEL, SUBJECT TO ANY OBLIGATIONS SET FORTH IN ANY APPLICA
 BLE BOND RESOLUTION OR CREDIT SUPPORT AGREEMENT AND SUBJECT TO THE PRIOR
 APPROVAL OF THE DIRECTOR OF THE BUDGET, PROVIDED THAT ANY PROCEEDS  FROM
 THE DISPOSITION OF THE PROPERTY SHALL BE TRANSFERRED TO THE STATE TREAS
 URY TO THE CREDIT OF THE GENERAL FUND.
 

S 2. This act shall take effect immediately.
 PART R
 

Section  1.

Section 2 of chapter 393 of the laws of 1994, amending the
 New York state urban development corporation act, relating to the powers
 of the New York state urban development corporation to  make  loans,  as
 amended  by  section  1  of part G of chapter 60 of the laws of 2011, is
 amended to read as follows:

 

S 2. This act shall take effect immediately [provided,  however,  that
 section  one of this act shall expire on July 1, 2012, at which time the
 provisions of subdivision 26 of section 5 of the New  York  state  urban
 development corporation act shall be deemed repealed; provided, however,
 that  neither  the  expiration  nor  the  repeal  of such subdivision as
 provided for herein shall be deemed to affect or impair  in  any  manner
 any  loan  made  pursuant  to the authority of such subdivision prior to
 such expiration and repeal].
 

S 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2012.
 PART S
 

Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
 of the laws of 1968, constituting the New York state  urban  development
 corporation act, is REPEALED.
 
       S. 6258--A                         40                         A. 9058--A
 

S  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2009.
 PART T
 

Section 1. Subdivisions 27, 28, 29 and 30 of section 5 of section 1 of
 chapter  174  of the laws of 1968, constituting the New York state urban
 development corporation act, subdivisions 28 and  29  as  renumbered  by
 chapter  686 of the laws of 1986, are renumbered subdivisions 28, 29, 30
 and 31 and a new subdivision 27 is added to read as follows:

 (27) TO MAKE GRANTS USING FUNDS FROM ANY  SOURCE  ON  SUCH  TERMS  AND
 CONDITIONS  AS THE CORPORATION MAY DEEM ADVISABLE, IN FURTHERANCE OF THE
 LEGISLATIVE FINDINGS AND PURPOSES OF THIS ACT, TO ANY PERSON OR  ENTITY,
 WHETHER  PUBLIC OR PRIVATE, PROVIDED THAT SUCH GRANTS ARE MADE OR ISSUED
 IN COMPLIANCE WITH GUIDELINES ESTABLISHED BY THE CORPORATION.
 

S 2. This act shall take effect immediately.
 PART U
 

Section 1. Subdivision 1 of section 218 of the state finance  law,  as
 amended  by  chapter  424  of  the  laws  of 2009, is amended to read as
 follows:

 1. Linked loans made to certified businesses in  empire  zones  or  to
 eligible businesses in highly distressed areas or to eligible businesses
 that are defined in paragraph (b-1) of subdivision eleven of section two
 hundred thirteen of this article that are located in a renewal community
 or defined in paragraph (b-2) of such subdivision that are located in an
 empowerment  zone or defined in paragraph (b-3) of such subdivision that
 are located  in  an  enterprise  community,  respectively  for  eligible
 projects  defined  in paragraph (c) of subdivision twelve of section two
 hundred thirteen of this article or to minority- or women-owned business
 enterprises for an eligible project defined in paragraph (e) of subdivi
 sion twelve of section two hundred thirteen of  this  article  or  to  a
 defense  industry manufacturer for a project defined in paragraph (d) of
 subdivision twelve of section two hundred thirteen of this article OR TO
 AN ELIGIBLE BUSINESS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ELEVEN  OF
 SECTION  TWO  HUNDRED  THIRTEEN  OF  THIS ARTICLE THAT PRODUCES PRODUCTS
 DEFINED IN SUBDIVISION TWO OF SECTION THREE HUNDRED ONE OF THE  AGRICUL
 TURE AND MARKETS LAW FOR AN ELIGIBLE PROJECT AS DEFINED IN PARAGRAPH (B)
 OF  SUBDIVISION  TWELVE  OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE
 shall bear interest at a fixed rate equal  to  three  percentage  points
 below the fixed interest rate the lender would have charged for the loan
 in  the  absence of a linked deposit based on its usual credit consider
 ations.  All other linked loans shall bear  interest  at  a  fixed  rate
 equal  to two percentage points below the fixed interest rate the lender
 would have charged for the loan in the absence of a linked deposit based
 on its usual credit considerations. Lenders shall certify to the commis
 sioner of economic development that the rate to be charged on  a  linked
 loan  is  two  percentage points or three percentage points, as the case
 may be, below the interest rate the lender would have  charged  for  the
 loan in the absence of a linked deposit.
 

S 2.  Paragraph (a) of subdivision 11 and paragraph (b) of subdivision
 12  of  section 213 of the state finance law, as added by chapter 705 of
 the laws of 1993, are amended to read as follows:

 (a) a manufacturing firm OR AGRICULTURAL BUSINESS which  employs  five
 hundred or fewer employees within the state on a full-time basis; or
 
       S. 6258--A                         41                         A. 9058--A
 (b)  for manufacturing, AGRICULTURAL and service firms, projects which
 involve the preparation of strategic plans  for  improving  productivity
 and  competitiveness;  the  introduction  of  modern equipment and/or an
 expansion of facilities as part of a modernization plan;  the  introduc
 tion  of  advanced  technologies  to  improve  productivity and quality;
 improvements in production processes and operations, INCLUDING  AGRICUL
 TURAL  OPERATIONS;  introduction  of computerized information, reporting
 and control systems; reorganization or improvement of work place systems
 and  the  introduction  of  total  quality  and  employee  participation
 programs;  development  and introduction of new products; identification
 and development of new markets, including entry  into  foreign  markets;
 financial  restructuring  for  purposes of enabling modernization activ
 ities; buyouts of viable companies by employees or local owners residing
 in the state; and the provision of working capital for other  moderniza
 tion  activities  that will improve the competitiveness and productivity
 of a firm and result in the creation or retention of jobs; or
 

S 3. This act shall take effect immediately.
 PART V
 

Section 1. Notwithstanding any other law, rule or  regulation  to  the
 contrary,  expenses of the department of health public service education
 program incurred pursuant to appropriations from  the  cable  television
 account of the state miscellaneous special revenue funds shall be deemed
 expenses of the department of public service.
 

S  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2012.
 PART W
 

Section 1. Subdivision 10 of section 89-h of the general business law,
 as amended by chapter 699 of the laws of 2004, is  amended  to  read  as
 follows:

 10.  Fees: pay (a) a fee of [thirty-six] SEVENTY-TWO dollars for proc
 essing of the application, investigation of the applicant  and  for  the
 initial  [biennial]  FOUR  YEAR  registration period. Such fees shall be
 deposited to the credit of the business and licensing  services  account
 established  pursuant to the provisions of section ninety-seven-y of the
 state finance law; and (b) a fee  pursuant  to  subdivision  eight-a  of
 section  eight hundred thirty-seven of the executive law, and amendments
 thereto, for the cost of the division's full search  and  retain  proce
 dures,  and  a  fee as determined by the federal bureau of investigation
 for the cost of its fingerprint search procedures, which fees  shall  be
 remitted  by the department to the division and federal bureau of inves
 tigation; and
 

S 2. Subdivision 1 of section 89-m of the  general  business  law,  as
 added by chapter 336 of the laws of 1992, is amended to read as follows:

 1.  Registration  cards shall expire [two] FOUR years from the date of
 issuance or last renewal as the case may be. Not  less  than  sixty  nor
 more  than  ninety  days  prior to the expiration date of a registration
 card, the department shall mail to each registrant  at  his  last  known
 address, notice of renewal and a registration renewal form. Registration
 cards  shall  not  be  renewed  unless not more than sixty nor less than
 thirty days prior to the expiration date of the registration  card,  the
 holder  submits  to the department, a registration renewal form sworn to
 or affirmed by the holder under the penalty of perjury together  with  a
 
       S. 6258--A                         42                         A. 9058--A
 [biennial]  renewal  fee  in  the  amount of [twenty-five] FIFTY dollars
 payable to the department and a certificate certifying that  the  holder
 has  satisfactorily  completed  the  required annual in-service training
 courses as prescribed by the commissioner pursuant to subdivision one of
 section  eight  hundred  forty-one-c  of  the  executive law. Unless the
 department determines the existence  of  facts  which  would  constitute
 cause  for  denial,  revocation  or  suspension of the registration card
 pursuant to this article, it shall renew the registration  card.  Denial
 of renewal hereunder shall be reviewable by an administrative hearing as
 set  forth  in  section  seventy-nine of this chapter. The [twenty-five]
 FIFTY dollar [biennial] renewal fee collected by the department shall be
 deposited to the licensing  examinations  services  account  established
 pursuant  to  the  provisions of section 97-aa of the state finance law.
 Notice that a registration card has expired  or  has  not  been  renewed
 pursuant  to  this section shall be given by the secretary to the holder
 of such registration card and to the security  guard  company  by  which
 such holder was employed at the time of such expiration or non-renewal.
 

S  3.  Subdivision 2 and paragraph (a) of subdivision 3 of section 441
 of the real property law, subdivision 2 as amended by chapter 81 of  the
 laws  of  1995  and paragraph (a) of subdivision 3 as amended by chapter
 474 of the laws of 2007, are amended to read as follows:

 2. Renewals. Any license granted under the  provision  hereof  may  be
 renewed by the department upon application therefor by the holder there
 of,  in  such form as the department may prescribe and conforming to the
 requirements of section  3-503  of  the  general  obligations  law,  and
 payment  of the fee for such license. In case of application for renewal
 of license, the department may dispense with  the  requirement  of  such
 statements  as  it  deems  unnecessary in view of those contained in the
 original application for license but may not dispense with the  require
 ments  of section 3-503 of the general obligations law. A renewal period
 within the meaning of this act is considered as being a period of  [two]
 FOUR  years  from the date of expiration of a previously issued license.
 The department shall require any  applicant,  who  does  not  apply  for
 renewal of license within such period, to qualify by passing the written
 examination as provided herein, and may require any licensee who has not
 yet  passed  the written examination, and who cannot reasonably prove to
 the satisfaction of the department, that  he  can  meet  the  competency
 requirements,  to  pass  the  written  examination  before  a renewal of
 license shall be granted; provided, however, that a person who failed or
 was unable to renew his license by reason of his induction or enlistment
 in the armed forces of the United States shall not be required  to  take
 or pass such examination.
 (a) No renewal license shall be issued any licensee under this article
 for  any  license  period  commencing  [November first, nineteen hundred
 ninety-five] APRIL FIRST, TWO THOUSAND SEVENTEEN  unless  such  licensee
 shall  have within the [two] FOUR year period immediately preceding such
 renewal attended at least [twenty-two  and  one-half]  FORTY-FIVE  hours
 which shall include at least [three] SIX hours of instruction pertaining
 to  fair  housing  and/or  discrimination  in the sale or rental of real
 property or an interest in real property and  successfully  completed  a
 continuing  education  real  estate  course  or  courses approved by the
 secretary of state as to method, content and supervision, which approval
 may be withdrawn if in the opinion of the secretary of state such course
 or courses are not being conducted properly as to  method,  content  and
 supervision.    APPLICANTS WITH A LICENSE EXPIRING PRIOR TO APRIL FIRST,
 TWO THOUSAND FIFTEEN, SHALL HAVE WITHIN THE TWO YEAR PERIOD  IMMEDIATELY
 
       S. 6258--A                         43                         A. 9058--A
 PRECEDING  SUCH  RENEWAL ATTENDED AT LEAST TWENTY-TWO AND ONE-HALF HOURS
 WHICH SHALL INCLUDE AT LEAST THREE HOURS OF  INSTRUCTION  PERTAINING  TO
 FAIR HOUSING AND/OR DISCRIMINATION IN THE SALE OR RENTAL OF REAL PROPER
 TY OR AN INTEREST IN REAL PROPERTY AND SUCCESSFULLY COMPLETED A CONTINU
 ING EDUCATION REAL ESTATE COURSE OR COURSES APPROVED BY THE SECRETARY OF
 STATE AS TO METHOD, CONTENT AND SUPERVISION, WHICH APPROVAL MAY BE WITH
 DRAWN IF IN THE OPINION OF THE SECRETARY OF STATE SUCH COURSE OR COURSES
 ARE  NOT BEING CONDUCTED PROPERLY AS TO METHOD, CONTENT AND SUPERVISION.
 The licensee shall provide an affidavit, in a  form  acceptable  to  the
 department of state, establishing the nature of the continuing education
 acquired and shall provide such further proof as required by the depart
 ment  of  state. The provisions of this paragraph shall not apply to any
 licensed real estate broker who is engaged full time in the real  estate
 business  and  who  has  been  licensed under this article prior to July
 first, two thousand eight for at least fifteen consecutive  years  imme
 diately preceding such renewal.
 

S  4.  Subdivisions 2 and 7 of section 441-a of the real property law,
 subdivision 2 as amended by chapter 324 of the laws of 1998 and subdivi
 sion 7 as amended by chapter 497 of the laws of  1985,  are  amended  to
 read as follows:

 2.  Terms.  A  license issued or reissued under the provisions of this
 article shall entitle  the  person,  co-partnership,  limited  liability
 company or corporation to act as a real estate broker, or, if the appli
 cation  is for a real estate salesman's license, to act as a real estate
 salesman in this state [up to and  including  the  thirty-first  day  of
 October  of  the  year  in which the license by its terms expires] FOR A
 PERIOD OF FOUR YEARS FOLLOWING THE ISSUANCE OF SAID LICENSE.
 7. License term. From and after the date when this  subdivision  shall
 take  effect,  the  term for which a license shall be issued or reissued
 under this article shall be a period of [two] FOUR years.
 

S 5. Subdivision 1 of section 441-b  of  the  real  property  law,  as
 amended  by  chapter  324  of  the  laws  of 1998, is amended to read as
 follows:

 1. The fee for a license issued or reissued under  the  provisions  of
 this  article  entitling  a  person,  co-partnership,  limited liability
 company or corporation to act as a real  estate  broker  shall  be  [one
 hundred  fifty]  THREE  HUNDRED dollars. The fee for a license issued or
 reissued under the provisions of this article entitling a person to  act
 as  a  real  estate  salesman  shall  be  [fifty]  ONE  HUNDRED dollars.
 Notwithstanding the provisions of  subdivision  seven  of  section  four
 hundred  forty-one-a  of  this  article,  after  January first, nineteen
 hundred eighty-six, the secretary of state shall assign staggered  expi
 ration  dates for outstanding licenses that have been previously renewed
 on October thirty-first of each  year  from  the  assigned  date  unless
 renewed.  [If  the  assigned date results in a term that exceeds twenty-
 four months, the applicant shall pay an additional  prorated  adjustment
 together  with  the  regular  renewal fee.] The secretary of state shall
 assign dates to existing licenses in a manner which shall  result  in  a
 term of not less than [two] FOUR years.
 

S  6.  This act shall take effect immediately; provided, however, that
 sections three, four and five of this act shall  take  effect  April  1,
 2013.
 PART X
 
       S. 6258--A                         44                         A. 9058--A
 

Section  1.  Subdivision  3  of section 235 of the racing, pari-mutuel
 wagering and breeding law is renumbered subdivision 4 and a new subdivi
 sion 3 is added to read as follows:

 3.  THE  RULES  SHALL  PROVIDE  THAT ALL WINNING CASH VOUCHERS MUST BE
 PRESENTED FOR PAYMENT BEFORE APRIL FIRST OF THE YEAR FOLLOWING THE  YEAR
 OF  THEIR  PURCHASE  AND  FAILURE TO PRESENT ANY SUCH VOUCHER WITHIN THE
 PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE A  WAIVER  OF  THE  RIGHT  TO
 PARTICIPATE  IN  THE AWARD OR DIVIDEND. THE FUNDS RECEIVED FROM UNCASHED
 VOUCHERS SHALL BE PAID TO  THE  RACING  REGULATION  ACCOUNT  ESTABLISHED
 PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
 

S  2. Paragraph c of subdivision 2 of section 301 of the racing, pari
 mutuel wagering and breeding law, as relettered by chapter  211  of  the
 laws  of  1999, is relettered paragraph d and a new paragraph c is added
 to read as follows:

 C. THE RULES OF THE BOARD SHALL PROVIDE THAT ALL WINNING CASH VOUCHERS
 MUST BE PRESENTED FOR PAYMENT BEFORE APRIL FIRST OF THE  YEAR  FOLLOWING
 THE YEAR OF THEIR PURCHASE AND FAILURE TO PRESENT ANY SUCH VOUCHER WITH
 IN  THE PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE A WAIVER OF THE RIGHT
 TO PARTICIPATE IN  THE  AWARD  OR  DIVIDEND.  THE  FUNDS  RECEIVED  FROM
 UNCASHED  VOUCHERS SHALL BE PAID TO THE RACING REGULATION ACCOUNT ESTAB
 LISHED PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
 

S 3. Subdivision 2 of section 401 of the racing, pari-mutuel  wagering
 and breeding law is amended to read as follows:

 2.  Without  limiting the generality of the foregoing, and in addition
 to its other powers:

 a. [The state racing and wagering board shall have power to fix  mini-
 mum  and maximum charges for admission to quarter horse race meetings at
 which pari-mutuel betting is conducted provided, however, that the state
 racing and wagering board shall have power to fix the charge for  admis-
 sion  of  members of the armed forces of the United States in uniform at
 one-half of the amount fixed for such admission generally under authori-
 ty of this section.
 b.] The state racing and wagering  board  shall  prescribe  rules  and
 regulations  for effectually preventing the use of improper devices, the
 administration of drugs or stimulants or other  improper  acts  for  the
 purpose  of  affecting  the speed of quarter horses in any race in which
 they are about to participate.
 [c.] B. The rules of the board shall also  provide  that  all  winning
 pari-mutuel  tickets must be presented for payment before April first of
 the year following the year of their purchase and failure to present any
 such ticket within the prescribed period  of  time  shall  constitute  a
 waiver of the right to participate in the award or dividend.
 C.  THE  RULES  OF  THE BOARD SHALL ALSO PROVIDE THAT ALL WINNING CASH
 VOUCHERS MUST BE PRESENTED FOR PAYMENT BEFORE APRIL FIRST  OF  THE  YEAR
 FOLLOWING  THE  YEAR  OF  THEIR PURCHASE AND FAILURE TO PRESENT ANY SUCH
 VOUCHER WITHIN THE PRESCRIBED PERIOD OF TIME SHALL CONSTITUTE  A  WAIVER
 OF THE RIGHT TO PARTICIPATE IN THE AWARD OR DIVIDEND. THE FUNDS RECEIVED
 FROM  UNCASHED  VOUCHERS  SHALL BE PAID TO THE RACING REGULATION ACCOUNT
 ESTABLISHED PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
 d. The board shall have power in its discretion, consistent  with  the
 powers  of  the  state  tax  commission, to prescribe uniform methods of
 keeping accounts, records and books to be observed  by  associations  or
 corporations  licensed  under  the  provisions of this article or by any
 association or corporation  which  owns  stock  in,  or  shares  in  the
 profits,  or participates in the management or affairs of, such licensed
 association or corporation, or  by  any  person,  firm,  association  or
 
       S. 6258--A                         45                         A. 9058--A
 corporation  holding  any  concession, right or privilege to perform any
 service or sell any article at any track at  which  pari-mutuel  quarter
 horse  racing meets are conducted. The board may also in its discretion,
 consistent  with  the  powers  of the state tax commission, prescribe by
 order forms of accounts, records  and  memoranda  to  be  kept  by  such
 persons, firms, associations or corporations. The board shall have power
 to  visit,  investigate,  and  place  expert  accountants, or such other
 persons as it may deem necessary, in the offices, tracks or other places
 of business of any such person, firm, association or corporation for the
 purpose of seeing that the provisions of sections two hundred twenty-two
 through seven hundred five of this chapter  and  rules  and  regulations
 issued by the board thereunder are strictly complied with. Such persons,
 firms,  associations or corporations shall annually file with the board,
 on such date as the board shall prescribe, a report showing their finan
 cial condition  and  financial  transactions  during  the  fiscal  year,
 including  a  balance sheet and a profit and loss statement, verified by
 the oath of at least two of its principal officers, if it be an  associ
 ation  or  corporation having officers, and by one or more of the owners
 or proprietors thereof if not an association or corporation. The  report
 shall  be  in  such form and contain such other matters as the board may
 determine from time to time to be necessary to disclose  accurately  the
 financial  condition  and operation of such persons, firms, associations
 or corporations during the preceding fiscal year. The board may for good
 cause shown grant a reasonable extension of time for the filing  of  any
 such report.
 

S  4. Subdivision 2 of section 529 of the racing, pari-mutuel wagering
 and breeding law, is renumbered subdivision 3 and a new subdivision 2 is
 added to read as follows:

 2. THE RULES SHALL PROVIDE THAT ALL  WINNING  CASH  VOUCHERS  MUST  BE
 PRESENTED  FOR PAYMENT BEFORE APRIL FIRST OF THE YEAR FOLLOWING THE YEAR
 OF THEIR PURCHASE AND FAILURE TO PRESENT ANY  SUCH  VOUCHER  WITHIN  THE
 PRESCRIBED  PERIOD  OF  TIME  SHALL  CONSTITUTE A WAIVER OF THE RIGHT TO
 PARTICIPATE IN THE AWARD OR DIVIDEND. THE FUNDS RECEIVED  FROM  UNCASHED
 VOUCHERS  SHALL  BE  PAID  TO  THE RACING REGULATION ACCOUNT ESTABLISHED
 PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER.
 

S 5. This act shall take effect immediately; provided,  however,  that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec
 tive  date  is  authorized  and  directed to be made and completed on or
 before such effective date.
 PART Y
 

Section 1.

Section 308 of the racing, pari-mutuel wagering and  breed
 ing law is amended to read as follows:

 

S  308. Officials at harness horse race meetings.  At all harness race
 meetings licensed by the state racing and wagering board  in  accordance
 with  the  provisions  of  sections two hundred twenty-two through seven
 hundred five of this chapter  qualified  judges  and  [starters]  RACING
 OFFICIALS  shall  be  designated by the state racing and wagering board.
 THE LICENSED RACING  ASSOCIATIONS  AND  CORPORATIONS  SHALL  EMPLOY  AND
 APPOINT  ONE  ASSOCIATE  JUDGE  AND THE STARTER TO SERVE AT HARNESS RACE
 MEETINGS, SUBJECT TO WRITTEN APPROVAL OF THE STATE RACING  AND  WAGERING
 BOARD BEFORE ENTERING UPON THE DISCHARGE OF THEIR DUTIES. Such officials
 shall enforce the rules and regulations of the state racing and wagering
 board  and  shall  render  regular written reports of the activities and
 
       S. 6258--A                         46                         A. 9058--A
 conduct of such race meetings to the state racing  and  wagering  board,
 PROVIDED  HOWEVER,  THAT  THE JUDGES AND STARTERS EMPLOYED BY THE RACING
 ASSOCIATION OR CORPORATION SHALL NOT HAVE THE POWER TO IMPOSE  FINES  OR
 ISSUE SUSPENSIONS OF OCCUPATIONAL RACING LICENSES.
 

S 2. Subdivision 8 of section 73 of the public officers law is amended
 by adding a new paragraph (j) to read as follows:

 (J)  THE  PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
 THIS SUBDIVISION SHALL NOT APPLY TO ANY PERSON AS A RESULT OF HIS OR HER
 EMPLOYMENT BY THE NEW YORK STATE RACING AND WAGERING BOARD IN THE  CIVIL
 SERVICE  TITLE OF STARTER OR ASSOCIATE JUDGE WHOSE EMPLOYMENT WAS TERMI
 NATED WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH AS A
 RESULT OF THE ABOLITION OF HIS OR HER POSITION.
 

S 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 PART Z
 

Section 1.  The agriculture and markets law is amended by adding a new
 article 21-A to read as follows:

 ARTICLE 21-A
 DAIRY RESEARCH AND EDUCATION
 SECTION 258-S. LEGISLATIVE DECLARATION.
 258-T. DEFINITIONS.
 258-U. POWERS AND DUTIES OF THE COMMISSIONER.
 258-V. RULES AND REGULATIONS; ENFORCEMENT.
 

S  258-S.    LEGISLATIVE  DECLARATION.  IT IS HEREBY DECLARED THAT THE
 DAIRY INDUSTRY IS OF VITAL SIGNIFICANCE TO THE STATE'S  ECONOMY,  SOCIAL
 FABRIC,  AND  WELFARE  OF  

THE PEOPLE OF THIS STATE, AND THAT RESEARCH,
 EDUCATION AND DEVELOPMENT ASSOCIATED WITH DAIRY PRODUCTION IS IMPERATIVE
 TO ENSURE THAT THE STATE'S DAIRY FARMS AND INDUSTRY  REMAIN  COMPETITIVE
 AND  PROFITABLE.  IT  IS THEREFORE DECLARED TO BE THE LEGISLATIVE INTENT
 AND POLICY OF THE STATE:

 1. TO ENABLE MILK PRODUCERS AND OTHERS IN THE DAIRY INDUSTRY, WITH THE
 AID OF THE STATE, TO MORE ECONOMICALLY AND EFFECTIVELY PRODUCE MILK  AND
 DAIRY PRODUCTS,
 2.  TO  PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW, IMPROVED
 OR INNOVATIVE DAIRY INDUSTRY PRODUCTION PRACTICES, AND TO PROMOTE  THEIR
 USE, AND
 3. TO IMPROVE THE ECONOMIC STRENGTH, FARM PROFITABILITY AND WELL-BEING
 OF  THE  MILK  PRODUCERS  OF THIS STATE THROUGH APPLIED RESEARCH, FARMER
 EDUCATION AND TRAINING.
 

S 258-T. DEFINITIONS. 1. "ADVISORY BOARD" MEANS THE PERSONS  APPOINTED
 BY THE COMMISSIONER FROM NOMINATIONS FROM PRODUCERS AS HEREIN DEFINED TO
 ASSIST  THE COMMISSIONER IN ADMINISTERING A DAIRY RESEARCH AND EDUCATION
 ORDER.
 2. "AREA" MEANS THE ENTIRE GEOGRAPHIC AREA OF THE STATE OF NEW YORK.
 3. "COMMISSIONER" MEANS THE COMMISSIONER OF AGRICULTURE AND MARKETS OF
 THE STATE OF NEW YORK.
 4. "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE  OF
 MILK  PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER
 STATE, HAVING AGREEMENTS WITH ITS PRODUCER MEMBERS  TO  MARKET,  BARGAIN
 FOR  OR  SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE
 OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED  BY  ITS
 MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER
 ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
 5. "DAIRY PRODUCTS" MEANS MILK AND PRODUCTS DERIVED THEREFROM.
 
       S. 6258--A                         47                         A. 9058--A
 6.  "DAIRY  RESEARCH AND EDUCATION ORDER" MEANS AN ORDER ISSUED BY THE
 COMMISSIONER, PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
 7 "MILK" MEANS COW'S MILK.
 8. "MILK DEALER" MEANS ANY PERSON WHO PURCHASES OR HANDLES OR RECEIVES
 OR  SELLS MILK, INCLUDING INDIVIDUALS, PARTNERSHIPS, CORPORATIONS, COOP
 ERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSOCIATIONS.
 9. "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO  IS  ENGAGED  IN  THE
 PRODUCTION OF MILK FOR COMMERCIAL USE.
 

S  258-U. POWERS AND DUTIES OF THE COMMISSIONER. 1. IN ORDER TO EFFEC
 TUATE THE DECLARED POLICY OF THIS ARTICLE, THE COMMISSIONER  MAY,  AFTER
 DUE  NOTICE AND OPPORTUNITY FOR HEARING, MAKE AND ISSUE A DAIRY RESEARCH
 AND EDUCATION ORDER.
 2. SUCH ORDER SHALL BE ISSUED AND AMENDED OR TERMINATED IN  ACCORDANCE
 WITH THE FOLLOWING PROCEDURES:

 (A)  BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT MUST BE APPROVED BY
 FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN  THE  REFERENDUM
 FOR  THE  AREA  TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT
 CONSTITUTE VALID APPROVAL  UNLESS  FIFTY-ONE  PER  CENTUM  OF  ALL  MILK
 PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM. PRODUCERS
 MAY  VOTE  BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPERATIVES IN ACCORD
 ANCE WITH THE FOLLOWING PROCEDURES:

 (I) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH  ORDER  WITHIN  A
 PERIOD  OF NINETY DAYS AFTER THE COMMISSIONER HAS ANNOUNCED A REFERENDUM
 ON A PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND CERTIFIED  TO
 THE COMMISSIONER AS MEMBERS OF SUCH COOPERATIVE, PROVIDED, HOWEVER, THAT
 ANY  COOPERATIVE  BEFORE  SUBMITTING SUCH WRITTEN APPROVAL SHALL GIVE AT
 LEAST THIRTY DAYS PRIOR WRITTEN NOTICE  TO  EACH  PRODUCER  WHO  IS  ITS
 MEMBER,  OF  THE  INTENTION  OF THE COOPERATIVE TO APPROVE SUCH PROPOSED
 ORDER, AND FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT  INTEND  TO
 APPROVE  SUCH  PROPOSED  ORDER, IT SHALL LIKEWISE GIVE WRITTEN NOTICE TO
 EACH SUCH PRODUCER WHO IS ITS MEMBER, OF ITS INTENTION NOT TO APPROVE OF
 SUCH PROPOSED ORDER.
 (II) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING
 A PROPOSED ORDER, THE COMMISSIONER SHALL NOTIFY ALL MILK PRODUCERS  THAT
 AN  ORDER  IS  BEING  CONSIDERED  AND  THAT  EACH  PRODUCER MAY REGISTER
 APPROVAL OR DISAPPROVAL WITH THE COMMISSIONER EITHER DIRECTLY OR THROUGH
 THE PRODUCER'S COOPERATIVE.
 (III) ANY PRODUCER MAY OBTAIN A BALLOT FROM THE COMMISSIONER IN  ORDER
 TO  REGISTER  HIS  OR  HER  OWN  APPROVAL OR DISAPPROVAL OF THE PROPOSED
 ORDER.   INDIVIDUAL BALLOTS SHALL BE  CONSIDERED  CONFIDENTIAL  AND  NOT
 SUBJECT  TO  PUBLIC DISCLOSURE, EXCEPT SUCH BALLOTS SHALL NOT BE CONSID
 ERED CONFIDENTIAL AS DEEMED NECESSARY BY THE COMMISSIONER  TO  IMPLEMENT
 THE PURPOSES OF THIS ARTICLE.
 (IV) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE THAT HAS NOTIFIED THE
 PRODUCER  OF  ITS  INTENT TO APPROVE OR NOT TO APPROVE A PROPOSED ORDER,
 AND WHO OBTAINS A BALLOT AND WITH  SUCH  BALLOT  EXPRESSES  APPROVAL  OR
 DISAPPROVAL  OF  THE PROPOSED ORDER, SHALL NOTIFY THE COMMISSIONER AS TO
 THE NAME OF THE COOPERATIVE OF WHICH THE PRODUCER IS A MEMBER,  AND  THE
 COMMISSIONER  SHALL  REMOVE SUCH PRODUCER'S NAME FROM THE LIST CERTIFIED
 BY SUCH COOPERATIVE.
 (V) THE COMMISSIONER MAY APPOINT A REFERENDUM  ADVISORY  COMMITTEE  TO
 ASSIST AND ADVISE IN THE CONDUCT OF THE REFERENDUM. SUCH COMMITTEE SHALL
 REVIEW  REFERENDUM  PROCEDURES  AND THE TABULATION OF RESULTS, AND SHALL
 ADVISE THE COMMISSIONER OF ITS FINDINGS. THE FINAL CERTIFICATION OF  THE
 REFERENDUM  RESULTS  SHALL  BE  MADE  BY THE COMMISSIONER. THE COMMITTEE
 SHALL CONSIST OF NOT LESS THAN THREE MEMBERS,  NONE  OF  WHOM  SHALL  BE
 
       S. 6258--A                         48                         A. 9058--A
 PERSONS  DIRECTLY  AFFECTED BY THE PROPOSED DAIRY RESEARCH AND EDUCATION
 ORDER. TWO MEMBERS SHALL BE REPRESENTATIVES OF  GENERAL  FARM  ORGANIZA
 TIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE PROPOSED ORDER. THE MEMBERS
 OF  THE  COMMITTEE  SHALL  NOT RECEIVE A SALARY BUT SHALL BE ENTITLED TO
 ACTUAL AND REASONABLE EXPENSES INCURRED  IN  THE  PERFORMANCE  OF  THEIR
 DUTIES.
 3.  THE  COMMISSIONER  SHALL  ADMINISTER  AND  ENFORCE  ANY SUCH DAIRY
 RESEARCH AND EDUCATION ORDER WHILE IT IS IN EFFECT, TO:

 (A) ENCOURAGE THE STABILITY AND CONTINUED GROWTH OF THE  DAIRY  INDUS
 TRY,
 (B)  PROVIDE  FOR  RESEARCH AND EDUCATION PROGRAMS DESIGNED TO IMPROVE
 MILK PRODUCTION AND FARM PROFITABILITY,
 (C) CARRY OUT, IN OTHER WAYS, THE DECLARED POLICY AND INTENT  OF  THIS
 ARTICLE.
 4.  THE  COMMISSIONER  MAY, AND UPON WRITTEN PETITION OF NOT LESS THAN
 TWENTY-FIVE PER CENTUM OF THE PRODUCERS IN THE AREA, EITHER AS  INDIVID
 UALS  OR  THROUGH  COOPERATIVE  REPRESENTATION,  SHALL CALL A HEARING TO
 CONSIDER AMENDING OR TERMINATING SUCH ORDER, AND ANY SUCH  AMENDMENT  OR
 TERMINATION  SHALL  BE  EFFECTIVE  ONLY  UPON  APPROVAL OF FIFTY-ONE PER
 CENTUM OF THE PRODUCERS OF MILK FOR THE AREA REGULATED PARTICIPATING  IN
 A  REFERENDUM  VOTE  AS  PROVIDED  PURSUANT  TO  SUBDIVISION TWO OF THIS
 SECTION.
 5. THE COMMISSIONER SHALL PREPARE A BUDGET FOR THE ADMINISTRATION  AND
 OPERATING  COSTS  AND  EXPENSES  ASSOCIATED  WITH ANY DAIRY RESEARCH AND
 EDUCATION ORDER ISSUED PURSUANT TO THIS ARTICLE.
 6. ANY DAIRY RESEARCH AND EDUCATION ORDER ISSUED BY  THE  COMMISSIONER
 PURSUANT TO THIS ARTICLE MAY CONTAIN ANY OR ALL OF THE FOLLOWING:

 (A) PROVISIONS FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT
 TO  THE ORDER FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS AND PAYING
 THE COSTS OF ADMINISTERING AND ENFORCING SUCH ORDER. IN ORDER TO COLLECT
 ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH MILK  DEALER  WHO
 RECEIVES  MILK  FROM  PRODUCERS  TO DEDUCT THE AMOUNT OF ASSESSMENT FROM
 MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIVERED. THE RATE OF
 SUCH ASSESSMENT SHALL NOT EXCEED ONE-TENTH OF ONE PERCENT  PER  HUNDRED
 WEIGHT OF THE AVERAGE STATISTICAL UNIFORM PRICE FOR THE NORTHEAST FEDER
 AL  MILK  MARKETING  ORDER, OR ANY SUCCESSOR THERETO, AT ONONDAGA COUNTY
 FOR THE PRECEDING YEAR. NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION
 TWO  OF THIS SECTION, THE COMMISSIONER, UPON WRITTEN PETITION OF NO LESS
 THAN TWENTY-FIVE PERCENT OF PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS
 OR THROUGH COOPERATIVE REPRESENTATION, MAY CALL A HEARING FOR  THE  SOLE
 PURPOSE  OF  CONSIDERING ESTABLISHING A NEW RATE OF ASSESSMENT HEREUNDER
 AND MAY SUBMIT A PROPOSED CHANGE  IN  THE  RATE  OF  ASSESSMENT  TO  THE
 PRODUCERS  FOR  ACCEPTANCE  OR REJECTION WITHOUT OTHERWISE AFFECTING THE
 ORDER. THE PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER AS
 INDIVIDUALS OR THOROUGH COOPERATIVE REPRESENTATION.
 (B) PROVISIONS FOR PAYMENTS TO INSTITUTIONS OR  ORGANIZATIONS  ENGAGED
 IN  RESEARCH  LEADING  TO THE DEVELOPMENT OF NEW, INNOVATIVE OR IMPROVED
 PRACTICES OR METHODS FOR DAIRY PRODUCTION AND FARM PROFITABILITY.
 (C) PROVISIONS FOR PAYMENTS TO INSTITUTIONS OR  ORGANIZATIONS  ENGAGED
 IN  EDUCATIONAL  ACTIVITIES  TO  PROMOTE  THE  USE OF NEW, INNOVATIVE OR
 IMPROVED PRACTICES OR METHODS FOR DAIRY PRODUCTION AND FARM  PROFITABIL
 ITY.
 (D)  PROVISIONS  FOR  REQUIRING  RECORDS  TO BE KEPT AND REPORTS TO BE
 FILED BY MILK DEALERS WITH RESPECT TO MILK RECEIVED FROM  PRODUCERS  AND
 WITH RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.
 
       S. 6258--A                         49                         A. 9058--A
 (E)  PROVISIONS  FOR  THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS
 FOR THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
 (F) PROVISIONS FOR AN ADVISORY BOARD AS HEREINAFTER INDICATED.
 (G)  SUCH  OTHER  PROVISIONS  AS  MAY  BE  NECESSARY TO EFFECTUATE THE
 DECLARED POLICES OF THIS ARTICLE.
 7. THE COMMISSIONER MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFEC
 TIVE DAIRY RESEARCH AND EDUCATION ORDER FOR A CONTINUING PERIOD  OF  NOT
 LONGER  THAN ONE YEAR, IF THE PURPOSES OF THIS ARTICLE ARE DEEMED UNNEC
 ESSARY DURING SUCH YEAR.
 8. PRIOR TO THE  ISSUANCE,  AMENDMENT  OR  TERMINATION  OF  ANY  DAIRY
 RESEARCH AND EDUCATION ORDER, THE COMMISSIONER MAY REQUIRE THE PETITION
 ERS  FOR  SUCH ISSUANCE, AMENDMENT OR TERMINATION TO DEPOSIT WITH HIM OR
 HER SUCH AMOUNT AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY  THE  EXPENSES
 OF  PREPARING  AND  MAKING EFFECTIVE, AMENDING OR TERMINATING THE ORDER.
 SUCH FUNDS SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE COMMISSION
 ER IN THE SAME MANNER AS OTHER MONEYS RECEIVED BY THE COMMISSIONER UNDER
 THIS ARTICLE AND, IN THE EVENT THE APPLICATION FOR  ADOPTION,  AMENDMENT
 OR TERMINATION OF A RESEARCH AND EDUCATION ORDER IS APPROVED IN A REFER
 ENDUM, THE COMMISSIONER SHALL REIMBURSE ANY SUCH APPLICANT IN THE AMOUNT
 OF  ANY  SUCH  DEPOSIT  FROM  ANY  UNEXPENDED MONIES COLLECTED UNDER THE
 RESEARCH ORDER AFFECTED BY SUCH REFERENDUM.
 9. ANY MONEYS COLLECTED BY THE COMMISSIONER PURSUANT TO  THIS  ARTICLE
 SHALL  NOT  BE  DEEMED  STATE  FUNDS AND SHALL BE DEPOSITED IN A BANK OR
 OTHER DEPOSITORY IN THIS STATE, APPROVED BY THE COMMISSIONER, AND  SHALL
 BE  DISBURSED  BY  THE  COMMISSIONER  ONLY  FOR  THE  NECESSARY EXPENSES
 INCURRED BY THE COMMISSIONER WITH RESPECT TO THE ORDER, ALL  IN  ACCORD
 ANCE  WITH  THE  RULES  AND  REGULATIONS  OF  THE COMMISSIONER. ALL SUCH
 EXPENDITURES SHALL BE AUDITED BY THE STATE COMPTROLLER  OR  A  CERTIFIED
 PUBLIC  ACCOUNTANT  AT  LEAST EVERY TWO YEARS AND WITHIN FORTY-FIVE DAYS
 AFTER THE COMPLETION THEREOF THE STATE COMPTROLLER OR  CERTIFIED  PUBLIC
 ACCOUNTANT  SHALL  GIVE A COPY THEREOF TO THE COMMISSIONER AND THE ADVI
 SORY BOARD. ANY MONEYS REMAINING IN SUCH FUND MAY, IN THE DISCRETION  OF
 THE  COMMISSIONER,  BE  REFUNDED  AT THE CLOSE OF ANY FISCAL YEAR UPON A
 PRO-RATA BASIS TO ALL  PERSONS  FROM  WHOM  ASSESSMENTS  THEREFORE  WERE
 COLLECTED  OR,  WHENEVER  THE COMMISSIONER FINDS THAT SUCH MONEYS MAY BE
 NECESSARY TO DEFRAY THE COST OF OPERATING SUCH  RESEARCH  AND  EDUCATION
 ORDER  IN  A SUCCEEDING FISCAL YEAR, THE COMMISSIONER MAY CARRY OVER ALL
 OR ANY PORTION OF SUCH MONEYS INTO THE NEXT SUCH SUCCEEDING  YEAR.  UPON
 THE  TERMINATION BY THE COMMISSIONER OF ANY DAIRY RESEARCH AND EDUCATION
 ORDER, ALL MONEYS REMAINING AND NOT  REQUIRED  BY  THE  COMMISSIONER  TO
 DEFRAY  THE  EXPENSES  OF  OPERATING  SUCH  DAIRY RESEARCH AND EDUCATION
 ORDER, SHALL BE REFUNDED BY THE COMMISSIONER UPON A  PRO-RATA  BASIS  TO
 ALL  PERSONS  FROM  WHOM ASSESSMENTS THEREFORE WERE COLLECTED; PROVIDED,
 HOWEVER, THAT IF THE COMMISSIONER FINDS THAT THE AMOUNTS  SO  REFUNDABLE
 ARE  SO  SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF
 SUCH REFUNDS, THE  COMMISSIONER  MAY  USE  SUCH  MONEYS  TO  DEFRAY  THE
 EXPENSES  INCURRED  IN  THE  FORMULATION,  ISSUANCE,  ADMINISTRATION  OR
 ENFORCEMENT OF ANY SUBSEQUENT RESEARCH ORDER.
 10. ADVISORY BOARD. (A) ANY DAIRY RESEARCH AND EDUCATION ORDER  ISSUED
 PURSUANT TO THIS ARTICLE SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVI
 SORY  BOARD  TO ADVISE AND ASSIST THE COMMISSIONER IN THE ADMINISTRATION
 OF SUCH ORDER. THIS BOARD SHALL CONSIST OF NOT LESS THAN  FIVE  MEMBERS.
 AT  LEAST  THREE  MEMBERS SHALL REPRESENT DAIRY COOPERATIVES, ONE MEMBER
 SHALL REPRESENT A GENERAL FARM ORGANIZATION, AND ONE MEMBER SHALL BE  AN
 AT-LARGE  PRODUCER  REPRESENTATIVE. MEMBERS SHALL SERVE THREE-YEAR TERMS
 AND SHALL BE APPOINTED BY THE COMMISSIONER FROM NOMINATIONS SUBMITTED BY
 
       S. 6258--A                         50                         A. 9058--A
 PRODUCERS LOCATED IN THE AREA TO WHICH THE ORDER  APPLIES.  THE  COMMIS
 SIONER  SHALL  MAKE  EVERY  EFFORT  TO ENSURE THAT THERE IS GEOGRAPHICAL
 REPRESENTATION FROM THE MAJOR DAIRY  PRODUCING  REGIONS  OF  THE  STATE.
 NOMINATING  PROCEDURES,  QUALIFICATIONS,  REPRESENTATION AND SIZE OF THE
 ADVISORY BOARD SHALL BE PRESCRIBED IN THE ORDER.
 (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
 ENTITLED TO ACTUAL AND REASONABLE  EXPENSES  INCURRED  WHILE  PERFORMING
 DUTIES AS AUTHORIZED IN THIS SECTION.
 (C)  THE  DUTIES  AND  RESPONSIBILITIES OF THE ADVISORY BOARD SHALL BE
 PRESCRIBED BY THE COMMISSIONER  IN  THE  DAIRY  RESEARCH  AND  EDUCATION
 ORDER,  AND MAY INCLUDE ALL OR ANY OF THE FOLLOWING DUTIES AND RESPONSI
 BILITIES:

 (1) RECOMMENDING TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND REGU
 LATIONS RELATING TO THE ORDER.
 (2) RECOMMENDING TO THE COMMISSIONER SUCH AMENDMENTS TO THE  ORDER  AS
 DEEMED ADVISABLE.
 (3)  PREPARING  AND SUBMITTING TO THE COMMISSIONER AN ESTIMATED BUDGET
 REQUIRED FOR THE PROPER OPERATION OF THE ORDER.
 (4)  REVIEWING,  EVALUATING  AND  RECOMMENDING  TO  THE   COMMISSIONER
 RESEARCH  AND  EDUCATION  ACTIVITIES  FOR  FUNDING  THAT ARE DESIGNED TO
 IMPROVE MILK PRODUCTION AND FARM PROFITABILITY.
 (5) RECOMMENDING TO THE COMMISSIONER METHODS FOR  ASSESSING  PRODUCERS
 AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
 (6)  ASSISTING  THE  COMMISSIONER  IN  THE  COLLECTION AND ASSEMBLY OF
 INFORMATION AND DATA NECESSARY FOR  THE  PROPER  ADMINISTRATION  OF  THE
 ORDER.
 (7)  THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER
 AS THE COMMISSIONER SHALL DESIGNATE.
 

S 258-V. RULES AND REGULATIONS; ENFORCEMENT. 1. THE  COMMISSIONER  MAY
 MAKE  AND  PROMULGATE  SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO
 EFFECTUATE THE PROVISIONS AND INTENT OF THIS ARTICLE AND TO ENFORCE  THE
 PROVISION  OF ANY DAIRY RESEARCH AND EDUCATION ORDER, ALL OF WHICH SHALL
 HAVE THE FORCE AND EFFECT OF LAW.
 2. THE COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN  EQUITY  AS
 MAY  APPEAR  NECESSARY  TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS
 ARTICLE, OR ANY RULE OR REGULATION, OR  RESEARCH  AND  EDUCATION  ORDER,
 COMMITTED  TO  HIS  OR  HER ADMINISTRATION, AND IN ADDITION TO ANY OTHER
 REMEDY UNDER ARTICLE THREE OF THIS CHAPTER OR OTHERWISE, MAY  APPLY  FOR
 RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT
 BEING  COMPELLED  TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES
 NOT EXIST. SUCH APPLICATION MAY BE MADE TO  THE  SUPREME  COURT  IN  ANY
 DISTRICT  OR  COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR
 TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
 

S 2. This act shall take effect immediately.
 PART AA
 

Section 1. Paragraph (b) of subdivision  2  of  section  2975  of  the
 public  authorities law, as amended by section 1 of part J of chapter 60
 of the laws of 2011, is amended to read as follows:

 (b) On or before November first, two thousand three and on  or  before
 November first of each year thereafter, the director of the budget shall
 determine  the  amount  owed  under  this section by each public benefit
 corporation. The director of the budget may reduce, in  whole  or  part,
 the amount of such assessment if the payment thereof would necessitate a
 state  appropriation  for  the  purpose,  or  would  otherwise impose an
 
       S. 6258--A                         51                         A. 9058--A
 extraordinary hardship upon the affected public benefit corporation. The
 aggregate amount assessed under this section in any given  state  fiscal
 year may not exceed [sixty] SIXTY-TWO million dollars.
 

S 2. This act shall take effect immediately.
 PART BB
 

Section  1.  Paragraph  (b)  of  subdivision  2 of section 1676 of the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:

 THE STATE OF NEW YORK AND ANY PUBLIC CORPORATION.
 

S 2. Subdivision 1 of section 1680 of the public  authorities  law  is
 amended by adding a new undesignated paragraph to read as follows:

 THE STATE OF NEW YORK AND ANY PUBLIC CORPORATION.
 

S 3.

Section 1680 of the public authorities law is amended by adding a
 new subdivision 41 to read as follows:

 41.  THE DORMITORY AUTHORITY IS EMPOWERED AND AUTHORIZED TO ENTER INTO
 A LEASE, SUBLEASE OR OTHER AGREEMENT WITH THE STATE OF  NEW  YORK  OR  A
 PUBLIC CORPORATION THEREIN, PURSUANT TO WHICH ONE OR MORE FACILITIES ARE
 TO BE FINANCED, DESIGNED, ACQUIRED, CONSTRUCTED, RECONSTRUCTED, REHABIL
 ITATED,  IMPROVED  OR  OTHERWISE  PROVIDED  FOR THE STATE OR SUCH PUBLIC
 CORPORATION, OR SUCH FACILITIES ARE TO BE FURNISHED OR EQUIPPED.
 

S 4. This act shall take effect immediately.
 PART CC
 

Section 1.

Section 579 of the banking law, as amended by  chapter  629
 of the laws of 2002, is amended to read as follows:

 

S  579.  Doing  business  without  license prohibited. Only a [type B]
 not-for-profit corporation [as defined in section two hundred one of the
 not-for-profit corporation law of this state,] or an entity incorporated
 in another state and  having  a  similar  not-for-profit  status,  shall
 engage  in the business of budget planning as defined in subdivision one
 of section four hundred fifty-five of the general business law [of  this
 state]  except as authorized by this article and without first obtaining
 a license from the superintendent.
 

S 2. Paragraph (d) of section 304 of the business corporation  law  is
 amended to read as follows:

 (d) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  MAIL  A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
 AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL  BE  DEEMED
 TO  BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A
 PERSON SHALL MAIL A COPY OF PROCESS SERVED AGAINST  THE  CORPORATION  AS
 REQUIRED  BY  THIS  ARTICLE.  Any  designated  [post-office] POST OFFICE
 address to which the secretary of state OR A PERSON shall mail a copy of
 process served upon [him] THE SECRETARY OF STATE as agent of a  domestic
 corporation or a foreign corporation, shall continue until the filing of
 a  certificate  under  this chapter directing the mailing to a different
 [post-office] POST OFFICE address.
 

S 2-a. Paragraphs (b), (c) and (d) of  section  306  of  the  business
 corporation  law are REPEALED and six new paragraphs (b), (c), (d), (e),
 (f) and (g) are added to read as follows:

 (B) SERVICE OF SUCH PROCESS UPON THE SECRETARY OF STATE AS AGENT OF  A
 DOMESTIC  OR  AUTHORIZED  FOREIGN  CORPORATION, OR OTHER BUSINESS ENTITY
 THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROC
 ESS PURSUANT  TO  ARTICLE  NINE  OF  THIS  CHAPTER,  SHALL  BE  MADE  BY
 
       S. 6258--A                         52                         A. 9058--A
 PERSONALLY  DELIVERING  TO  AND LEAVING WITH THE SECRETARY OF STATE OR A
 DEPUTY, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE
 SUCH SERVICE, AT THE OFFICE OF THE DEPARTMENT OF STATE IN  THE  CITY  OF
 ALBANY,  A  COPY  OF SUCH PROCESS TOGETHER WITH THE STATUTORY FEE, WHICH
 FEE SHALL BE A TAXABLE DISBURSEMENT. SUCH SERVICE SHALL BE SUFFICIENT IF
 NOTICE OF SUCH SERVICE ON THE SECRETARY OF STATE AND A COPY OF THE PROC
 ESS ARE:

 (1) DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH  CORPO
 RATION  BY A PERSON AND IN THE MANNER AUTHORIZED TO SERVE PROCESS BY LAW
 OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
 (2) SENT BY OR ON BEHALF OF  THE  PLAINTIFF  TO  SUCH  CORPORATION  BY
 CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED, AT THE POST OFFICE ADDRESS
 SPECIFIED  FOR THE PURPOSE OF MAILING PROCESS, ON FILE IN THE DEPARTMENT
 OF STATE.
 (C) (1) WHERE SERVICE OF A COPY OF PROCESS WAS  EFFECTED  BY  PERSONAL
 SERVICE,  PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
 SECTION FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER  SUCH
 SERVICE,  WITH  THE  CLERK  OF  THE COURT IN WHICH THE ACTION OR SPECIAL
 PROCEEDING IS PENDING. SERVICE OF PROCESS SHALL  BE  COMPLETE  TEN  DAYS
 AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
 (2)  WHERE  SERVICE  OF  A  COPY OF PROCESS WAS EFFECTED BY MAILING IN
 ACCORDANCE WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT  OF
 COMPLIANCE  WITH  THIS  SECTION FILED, TOGETHER WITH THE PROCESS, WITHIN
 THIRTY DAYS AFTER RECEIPT OF THE RETURN RECEIPT  SIGNED  BY  THE  CORPO
 RATION,  OR OTHER OFFICIAL PROOF OF DELIVERY OR OF THE ORIGINAL ENVELOPE
 MAILED. IF A COPY OF THE PROCESS  IS  MAILED  IN  ACCORDANCE  WITH  THIS
 SECTION,  THERE  SHALL  BE FILED WITH THE AFFIDAVIT OF COMPLIANCE EITHER
 THE RETURN RECEIPT  SIGNED BY SUCH CORPORATION OR OTHER  OFFICIAL  PROOF
 OF  DELIVERY  OR, IF ACCEPTANCE WAS REFUSED BY IT, THE ORIGINAL ENVELOPE
 WITH A NOTATION BY THE POSTAL AUTHORITIES THAT ACCEPTANCE  WAS  REFUSED.
 IF  ACCEPTANCE  WAS  REFUSED,  A COPY OF THE NOTICE AND PROCESS TOGETHER
 WITH NOTICE OF THE MAILING BY CERTIFIED MAIL AND REFUSAL TO ACCEPT SHALL
 BE PROMPTLY SENT TO SUCH CORPORATION AT THE  SAME  ADDRESS  BY  ORDINARY
 MAIL  AND THE AFFIDAVIT OF COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS
 SHALL BE COMPLETE TEN DAYS AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF
 THE COURT. THE REFUSAL TO ACCEPT DELIVERY OF THE CERTIFIED  MAIL  OR  TO
 SIGN THE RETURN RECEIPT SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND
 SUCH CORPORATION REFUSING TO ACCEPT SUCH CERTIFIED MAIL SHALL BE CHARGED
 WITH KNOWLEDGE OF THE CONTENTS THEREOF.
 (D) SERVICE MADE AS PROVIDED IN THIS SECTION SHALL HAVE THE SAME FORCE
 AS PERSONAL SERVICE MADE WITHIN THIS STATE.
 (E) AN ADDITIONAL SERVICE OF THE SUMMONS MAY BE MADE PURSUANT TO PARA
 GRAPH  FOUR  OF SUBDIVISION (G) OF SECTION THIRTY-TWO HUNDRED FIFTEEN OF
 THE CIVIL PRACTICE LAW AND RULES.
 (F) IF AN ACTION OR SPECIAL PROCEEDING IS INSTITUTED  IN  A  COURT  OF
 LIMITED  JURISDICTION,  SERVICE  OF  PROCESS  MAY  BE MADE IN THE MANNER
 PROVIDED IN THIS SECTION IF THE OFFICE OF THE DOMESTIC OR FOREIGN CORPO
 RATION IS WITHIN THE TERRITORIAL JURISDICTION OF THE COURT.
 (G) NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT TO SERVE PROCESS IN
 ANY OTHER MANNER PERMITTED BY LAW.
 

S 3. Subparagraphs 2 and 3 of paragraph (a), paragraph (b) and  clause
 (i)  of subparagraph 2 of paragraph (e) of section 306-A of the business
 corporation law, as added by chapter  469  of  the  laws  of  1997,  are
 amended to read as follows:

 (2)  That  the  address of the party has been designated by the corpo
 ration as the post office address to which [the secretary  of  state]  A
 
       S. 6258--A                         53                         A. 9058--A
 PERSON shall mail a copy of any process served on the secretary of state
 as  agent  for such corporation, SUCH ADDRESS and that such party wishes
 to resign.
 (3) That sixty days prior to the filing of the certificate of resigna
 tion  FOR  RECEIPT OF PROCESS with the department of state the party has
 sent a copy of the certificate of resignation for receipt of process  by
 registered  or  certified mail to the address of the registered agent of
 the designating corporation, if other than the party filing the  certif
 icate  of  resignation[,]  for receipt of process, or if the [resigning]
 DESIGNATING corporation has  no  registered  agent,  then  to  the  last
 address  of  the  designating corporation known to the party, specifying
 the address to which the copy was sent. If there is no registered  agent
 and  no  known  address  of the designating corporation, the party shall
 attach an affidavit to the  certificate  stating  that  a  diligent  but
 unsuccessful  search  was  made  by the party to locate the corporation,
 specifying what efforts were made.
 (b) Upon the failure of the designating corporation to file a  certif
 icate of amendment or change providing for the designation by the corpo
 ration  of the new address after the filing of a certificate of resigna
 tion for receipt of process with the secretary of state,  its  authority
 to  do  business in this state shall be suspended unless the corporation
 has previously filed a BIENNIAL statement [of addresses  and  directors]
 under  section  four  hundred  eight of this chapter, the address of the
 principal executive office stated in the last filed  BIENNIAL  statement
 [of  addresses and directors] shall constitute the new address for proc
 ess of  the  corporation,  and  the  corporation  shall  not  be  deemed
 suspended.
 (i)  delivered  personally within or without this state to such corpo
 ration by a person and in THE manner authorized to serve process by  law
 of the jurisdiction in which service is made, or
 

S  4.  Subparagraph  7 of paragraph (a) of section 402 of the business
 corporation law is amended to read as follows:

 (7) A designation of the secretary of state as  agent  of  the  corpo
 ration  upon  whom  process against it may be served and the post office
 address, within or without this state, to which [the secretary of state]
 A PERSON shall mail a copy of any process against it served  upon  [him]
 THE SECRETARY OF STATE.
 

S  5.  Subparagraph  (c) of paragraph 1 of section 408 of the business
 corporation law, as added by chapter 55 of the laws of 1992, is  amended
 to read as follows:

 (c)  The  post  office address, within or without this state, to which
 [the secretary of state] A PERSON shall  mail  a  copy  of  any  process
 against  it  served  upon  [him  or  her] THE SECRETARY OF STATE.   Such
 address shall supersede any previous address on file with the department
 of state for this purpose.
 

S 6. Subparagraph 4 of paragraph (b) of section 801  of  the  business
 corporation law is amended to read as follows:

 (4)  To specify or change the post office address to which [the secre-
 tary of state] A PERSON shall mail a copy of  any  process  against  the
 corporation served upon [him] THE SECRETARY OF STATE.
 

S  7.  Subparagraph  2 of paragraph (b) of section 803 of the business
 corporation law, as amended by chapter 803  of  the  laws  of  1965,  is
 amended to read as follows:

 (2) To  specify or change the post office address to which [the secre-
 tary of state] A PERSON shall mail a copy of  any  process  against  the
 corporation served upon [him] THE SECRETARY OF STATE.
 
       S. 6258--A                         54                         A. 9058--A
 

S  8.  Paragraph (b) of section 805-A of the business corporation law,
 as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
 follows:

 (b) A certificate of change which changes only the post office address
 to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
 process against a corporation served upon [him] THE SECRETARY  OF  STATE
 or  the  address  of  the  registered agent, provided such address being
 changed is the address  of  a  person,  partnership,  LIMITED  LIABILITY
 COMPANY  or other corporation whose address, as agent, is the address to
 be changed or who has been  designated  as  registered  agent  for  such
 corporation,  may  be signed[, verified] and delivered to the department
 of state by such agent. The certificate of change shall  set  forth  the
 statements  required under subparagraphs [(a)] (1), (2) and (3) OF PARA
 GRAPH (A) of this section; that a notice  of  the  proposed  change  was
 mailed  to the corporation by the party signing the certificate not less
 than thirty days prior to the date of delivery  to  the  department  and
 that such corporation has not objected thereto; and that the party sign
 ing  the  certificate  is the agent of such corporation to whose address
 [the secretary of state] A PERSON is required to mail [copies] A COPY of
 process SERVED ON THE SECRETARY OF STATE or  the  registered  agent,  if
 such  be  the case. A certificate signed[, verified] and delivered under
 this paragraph shall not be deemed to effect a change of location of the
 office of the corporation in whose behalf such certificate is filed.
 

S 9. Subparagraph 8 of paragraph (a) of section 904-a of the  business
 corporation  law,  as  amended  by  chapter  177 of the laws of 2008, is
 amended to read as follows:

 (8) If the surviving or resulting entity is a foreign  corporation  or
 other  business  entity,  a designation of the secretary of state as its
 agent upon whom process against it may be served in the manner set forth
 in paragraph (b) of section three hundred six of this  chapter,  in  any
 action or special proceeding, and a post office address, within or with
 out  this state, to which [the secretary of state] A PERSON shall mail a
 copy of any process against it served upon [him] THE SECRETARY OF STATE.
 Such post office address shall supersede any prior address designated as
 the address to which process shall be mailed;
 

S 10. Clause (G) of subparagraph 2 of paragraph (e) of section 907  of
 the  business  corporation law, as amended by chapter 494 of the laws of
 1997, is amended to read as follows:

 (G) A designation of the secretary of state as  its  agent  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding,  and a post office address, within or without this state, to
 which [the secretary of state] A PERSON shall mail a copy of any process
 against it served upon [him] THE SECRETARY OF STATE.   Such post  office
 address  shall  supersede any prior address designated as the address to
 which process shall be mailed.
 

S 11. Subparagraph 6 of paragraph (a) of section 1304 of the  business
 corporation  law,  as  amended by chapter 684 of the laws of 1963 and as
 renumbered by chapter 590 of the laws of 1982, is  amended  to  read  as
 follows:

 (6)  A  designation  of  the secretary of state as its agent upon whom
 process against it may be served and the post office address, within  or
 without  this  state,  to  which [the secretary of state] A PERSON shall
 mail a copy of any process against it served upon [him] THE SECRETARY OF
 STATE.
 
       S. 6258--A                         55                         A. 9058--A
 

S 12. Subparagraph 7 of paragraph (a) of section 1308 of the  business
 corporation  law,  as  amended by chapter 725 of the laws of 1964 and as
 renumbered by chapter 186 of the laws of 1983, is  amended  to  read  as
 follows:

 (7)  To specify or change the post office address to which [the secre-
 tary of state] A PERSON shall mail a copy  of  any  process  against  it
 served upon [him] THE SECRETARY OF STATE.
 

S  13.  Subparagraph  2  of paragraph (a) and paragraph (c) of section
 1309-A of the business corporation law, subparagraph 2 of paragraph  (a)
 as added by chapter 725 of the laws of 1964 and paragraph (c) as amended
 by chapter 172 of the laws of 1999, are amended to read as follows:

 (2)  To specify or change the post office address to which [the secre-
 tary of state] A PERSON shall mail a copy  of  any  process  against  it
 served upon [him] THE SECRETARY OF STATE.
 (c) A certificate of change of application for authority which changes
 only  the post office address to which [the secretary of state] A PERSON
 shall mail a copy of any process against an  authorized  foreign  corpo
 ration  served  upon  [him]  THE SECRETARY OF STATE or which changes the
 address of its registered agent, provided such address is the address of
 a person, partnership, LIMITED LIABILITY COMPANY  or  other  corporation
 whose  address,  as  agent, is the address to be changed or who has been
 designated as registered agent for such authorized foreign  corporation,
 may  be  signed  and delivered to the department of state by such agent.
 The certificate of change of application for authority shall  set  forth
 the  statements  required  under  subparagraphs (1), (2), (3) and (4) of
 paragraph (b) of this section; that a notice of the proposed change  was
 mailed  by  the  party signing the certificate to the authorized foreign
 corporation not less than thirty days prior to the date of  delivery  to
 the  department  and that such corporation has not objected thereto; and
 that the party signing the certificate is  the  agent  of  such  foreign
 corporation  to  whose  address  [the  secretary  of  state] A PERSON is
 required to mail [copies] A COPY of process SERVED ON THE  SECRETARY  OF
 STATE or the registered agent, if such be the case. A certificate signed
 and  delivered  under  this  paragraph  shall  not be deemed to effect a
 change of location of the office of the corporation in whose behalf such
 certificate is filed.
 

S 14. Subparagraphs 1 and 6 of paragraph (a) of section  1310  of  the
 business  corporation  law,  subparagraph 1 as amended by chapter 590 of
 the laws of 1982, are amended to read as follows:

 (1) The name of the foreign corporation as it appears on the index  of
 names  of  existing  domestic and authorized foreign corporations of any
 type or kind in the department of state, division of corporations  [or,]
 AND  the  fictitious  name, IF ANY, the corporation has agreed to use in
 this state pursuant to paragraph (d) of section 1301  (AUTHORIZATION  OF
 FOREIGN CORPORATIONS) of this [chapter] ARTICLE.
 (6) A post office address, within or without this state, to which [the
 secretary of state] A PERSON shall mail a copy of any process against it
 served upon [him] THE SECRETARY OF STATE.
 

S  15. Subparagraph 4 of paragraph (d) of section 1310 of the business
 corporation law is amended to read as follows:

 (4) The changed post office address, within or without this state,  to
 which [the secretary of state] A PERSON shall mail a copy of any process
 against it served upon [him] THE SECRETARY OF STATE.
 

S  16. 

Section  1311  of  the business corporation law, as amended by
 chapter 375 of the laws of 1998, is amended to read as follows:

 

S 1311. Termination of existence.
 
       S. 6258--A                         56                         A. 9058--A
 When an authorized foreign corporation is dissolved or  its  authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its  incorporation  or  when  such foreign corporation is merged into or
 consolidated with another foreign  corporation,  a  certificate  of  the
 secretary of state, or official performing the equivalent function as to
 corporate  records, of the jurisdiction of incorporation of such foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution of such foreign corporation, the termination of  its  exist
 ence  or  the  cancellation  of  its authority shall be delivered to the
 department of state. The filing of  the  certificate,  order  or  decree
 shall  have  the same effect as the filing of a certificate of surrender
 of authority under section 1310 (Surrender of authority). The  secretary
 of  state  shall  continue as agent of the foreign corporation upon whom
 process against it may be served in the manner set  forth  in  paragraph
 (b)  of  section  306  (Service  of  process),  in any action or special
 proceeding based upon  any  liability  or  obligation  incurred  by  the
 foreign  corporation  within  this  state  prior  to  the filing of such
 certificate, order or decree and [he] THE PERSON  SERVING  SUCH  PROCESS
 shall  promptly cause a copy of any such process to be mailed by [regis-
 tered] CERTIFIED mail, return receipt requested, to such foreign  corpo
 ration  at  the  post  office address on file in [his] THE office OF THE
 SECRETARY OF STATE specified for such purpose. The post  office  address
 may  be  changed  by signing and delivering to the department of state a
 certificate of  change  setting  forth  the  statements  required  under
 section  1309-A  (Certificate of change; contents) to effect a change in
 the post office address under subparagraph [(a) (4)]  (7)  OF  PARAGRAPH
 (A) of section 1308 (Amendments or changes).
 

S  17.    The  opening  paragraph of subdivision 1 of section 5 of the
 cooperative corporations law, as amended by chapter 158 of the  laws  of
 1978, is amended to read as follows:

 The  business  corporation law applies to every corporation heretofore
 or hereafter formed under this chapter, or under any  other  statute  or
 special act of this state, or under laws other than the statutes of this
 state,  which  has  as its purpose or among its purposes the cooperative
 rendering of mutual help and service to its members and which, if formed
 under laws other than the statutes of this state, would, if it  were  to
 be  formed  currently under the laws of this state, be formed under this
 chapter except a membership cooperative as defined in section  three  of
 this  chapter,  to which the not-for-profit corporation law shall apply.
 Any corporation to which the business corporation law is made applicable
 by this section shall be treated as a  "corporation,"  "domestic  corpo
 ration,"  or  "foreign corporation," as such terms are used in the busi
 ness corporation law; provided, however, that neither the  purposes  for
 which  any  such  corporation  may  be formed under this chapter nor its
 classification as a non-profit corporation shall thereby be extended  or
 affected.  [Any  corporation to which the not-for-profit corporation law
 is made applicable by this section shall  be  a  type  D  not-for-profit
 corporation.]
 

S 18.

Section 11 of the cooperative corporations law, subdivision 8 as
 amended by chapter 664 of the laws of 1966 and subdivisions 10 and 11 as
 added by chapter 97 of the laws of 1969, is amended to read as follows:

 

S 11. CERTIFICATE OF INCORPORATION; CONTENTS. Five or more persons may
 form  a  corporation, under this chapter, by making[, acknowledging] and
 filing a certificate of incorporation ENTITLED "CERTIFICATE OF  INCORPO
 
       S. 6258--A                         57                         A. 9058--A
 RATION  OF  ...... (NAME OF CORPORATION) UNDER SECTION 11 OF THE COOPER
 ATIVE CORPORATIONS LAW" which shall state:

 1. Its name. The name shall include the word "Cooperative."
 2. Its purposes, as permitted by this chapter.
 3. Its duration.
 4. The  city, village or town and the county in which its office is to
 be located.
 5. The names and post office addresses of its incorporators.
 6. The number of its directors, or that the number of directors  shall
 be  within  a stated minimum and maximum as the by-laws may from time to
 time provide.  In either case, the number shall be not less than five.
 7. The names and post office addresses  of  the  directors  until  the
 first annual meeting.
 8. Whether  organized with or without capital stock. If organized with
 stock, the total amount thereof, the total number, if any, of the shares
 without par value, and the total number and  par  value  of  any  shares
 having  a  par value.  If the shares are to be classified, the number of
 shares to be included in each class and all of the designations, prefer
 ences, privileges, and voting rights or restrictions and  qualifications
 of the shares of each class.
 9. That  all  of  the  subscribers are of full age; that at least two
 thirds of them are citizens of the United States; that at least  one  of
 them  is  a  resident  of the state of New York; and that of the persons
 named as directors at least one is a citizen of the United States and  a
 resident of the state of New York.
 10. A  designation  of  the  secretary of state as agent of the corpo
 ration upon whom process against it may be served and  the  post  office
 address, within or without this state, to which [the secretary of state]
 A  PERSON  shall mail a copy of any process against it served upon [him]
 THE SECRETARY OF STATE.
 11. If the corporation is to  have  a  registered  agent,  [his]  SUCH
 AGENT'S  name  and  address  within  this state and a statement that the
 registered agent is to be the agent of the corporation upon whom process
 against it may be served.
 

S 19.  The opening paragraph of subdivision 2  and  subdivision  3  of
 section  18 of the general associations law, as amended by chapter 13 of
 the laws of 1938, are amended to read as follows:

 Every association doing business within this state shall file  in  the
 department  of  state  a  certificate in its associate name, signed [and
 acknowledged] by its president, or a vice-president,  or  secretary,  or
 treasurer,  or  managing director, or trustee, designating the secretary
 of state as an agent upon whom  process  in  any  action  or  proceeding
 against  the  association  may  be served within this state, and setting
 forth an address to which [the secretary of state] A PERSON shall mail a
 copy of any process against the association which  may  be  served  upon
 [him]  THE  SECRETARY  OF STATE pursuant to law.  Annexed to the certif
 icate of designation shall be a statement, executed in the  same  manner
 as  the certificate is required to be executed under this section, which
 shall set forth:

 3.  Any association, from time to time,  may  change  the  address  to
 which  [the  secretary of state] A PERSON is directed to mail [copies] A
 COPY of process SERVED ON THE SECRETARY OF STATE, by filing a  statement
 to that effect, executed[,] AND signed [and acknowledged] in like manner
 as a certificate of designation as herein provided.
 

S  20.

Section 18 of the general associations law is amended by adding
 two new subdivisions 5 and 6 to read as follows:

 
       S. 6258--A                         58                         A. 9058--A
 5. ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF  STATE
 SHALL  MAIL  A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
 AGENT IN ANY ACTION OR  PROCEEDING  AGAINST  THE  ASSOCIATION  SHALL  BE
 DEEMED  TO  BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO
 WHICH  A  PERSON SHALL MAIL A COPY OF PROCESS SERVED AGAINST THE ASSOCI
 ATION AS REQUIRED BY THIS ARTICLE. ANY DESIGNATED POST OFFICE ADDRESS TO
 WHICH THE SECRETARY OF STATE OR A PERSON SHALL MAIL A COPY OF ANY  PROC
 ESS  SERVED  UPON  THE  SECRETARY  OF  STATE  AS  AGENT IN ANY ACTION OR
 PROCEEDING AGAINST THE ASSOCIATION SHALL CONTINUE UNTIL THE FILING OF  A
 CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST
 OFFICE ADDRESS.
 6.  "PROCESS"  MEANS JUDICIAL PROCESS AND ALL ORDERS, DEMANDS, NOTICES
 OR OTHER PAPERS REQUIRED OR PERMITTED BY LAW TO BE PERSONALLY SERVED  ON
 AN  ASSOCIATION, FOR THE PURPOSE OF ACQUIRING JURISDICTION OF SUCH ASSO
 CIATION IN ANY ACTION OR PROCEEDING, CIVIL OR  CRIMINAL,  WHETHER  JUDI
 CIAL,  ADMINISTRATIVE, ARBITRATIVE OR OTHERWISE, IN THIS STATE OR IN THE
 FEDERAL COURTS SITTING IN OR FOR THIS STATE.
 

S 21.

Section 19 of the general associations law, as amended by  chap
 ter 166 of the laws of 1991, is amended to read as follows:

 

S 19. Service of process. 1. Service of process against an association
 upon  the  secretary  of state shall be made by personally delivering to
 and leaving with [him] THE SECRETARY OF STATE or a deputy [secretary  of
 state  or  an  associate  attorney,  senior  attorney or attorney in the
 corporation division of the department of  state,  duplicate  copies  of
 such  process  at  the  office of the department of state in the city of
 Albany], OR WITH A PERSON  AUTHORIZED  BY  THE  SECRETARY  OF  STATE  TO
 RECEIVE  SUCH  SERVICE  AT  THE OFFICE OF THE DEPARTMENT OF STATE IN THE
 CITY OF ALBANY, A COPY OF SUCH PROCESS TOGETHER WITH THE  STATUTORY  FEE
 OF  FORTY  DOLLARS,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT.  [At the
 time of such service the plaintiff shall pay a fee of forty  dollars  to
 the  secretary  of  state  which shall be a taxable disbursement. If the
 cost of registered mail for transmitting a copy  of  the  process  shall
 exceed two dollars, an additional fee equal to such excess shall be paid
 at the time of the service of such process. The secretary of state shall
 forthwith  send by registered mail one of such copies to the association
 at the address fixed for that purpose, as herein provided.]
 2. SUCH SERVICE SHALL BE SUFFICIENT IF NOTICE OF SUCH SERVICE  ON  THE
 SECRETARY OF STATE AND A COPY OF THE PROCESS ARE:

 (A) DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH ASSOCI
 ATION  BY  A PERSON AND IN THE MANNER AUTHORIZED TO SERVE PROCESS BY LAW
 OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
 (B) SENT BY OR ON BEHALF OF  THE  PLAINTIFF  TO  SUCH  ASSOCIATION  BY
 CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED, AT THE POST OFFICE ADDRESS
 SPECIFIED  FOR THE PURPOSE OF MAILING PROCESS, ON FILE IN THE DEPARTMENT
 OF STATE.
 3. (A) WHERE SERVICE OF A COPY OF PROCESS  WAS  EFFECTED  BY  PERSONAL
 SERVICE,  PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
 SECTION FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER  SUCH
 SERVICE,  WITH  THE  CLERK  OF  THE COURT IN WHICH THE ACTION OR SPECIAL
 PROCEEDING IS PENDING. SERVICE OF PROCESS SHALL  BE  COMPLETE  TEN  DAYS
 AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
 (B)  WHERE  SERVICE  OF  A  COPY OF PROCESS WAS EFFECTED BY MAILING IN
 ACCORDANCE WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT  OF
 COMPLIANCE  WITH  THIS  SECTION FILED, TOGETHER WITH THE PROCESS, WITHIN
 THIRTY DAYS AFTER RECEIPT OF THE RETURN RECEIPT SIGNED  BY  THE  ASSOCI
 ATION,  OR  OTHER OFFICIAL PROOF OF DELIVERY OR OF THE ORIGINAL ENVELOPE
 
       S. 6258--A                         59                         A. 9058--A
 MAILED. IF A COPY OF THE PROCESS  IS  MAILED  IN  ACCORDANCE  WITH  THIS
 SECTION,  THERE  SHALL  BE FILED WITH THE AFFIDAVIT OF COMPLIANCE EITHER
 THE RETURN RECEIPT SIGNED BY SUCH ASSOCIATION OR OTHER OFFICIAL PROOF OF
 DELIVERY OR, IF ACCEPTANCE WAS REFUSED BY IT, THE ORIGINAL ENVELOPE WITH
 A  NOTATION  BY  THE  POSTAL AUTHORITIES THAT ACCEPTANCE WAS REFUSED. IF
 ACCEPTANCE WAS REFUSED, A COPY OF THE NOTICE AND PROCESS  TOGETHER  WITH
 NOTICE  OF  THE MAILING BY CERTIFIED MAIL AND REFUSAL TO ACCEPT SHALL BE
 PROMPTLY SENT TO SUCH ASSOCIATION AT THE SAME ADDRESS BY  ORDINARY  MAIL
 AND THE AFFIDAVIT OF COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS SHALL
 BE  COMPLETE  TEN DAYS AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE
 COURT. THE REFUSAL TO ACCEPT DELIVERY OF THE CERTIFIED MAIL OR  TO  SIGN
 THE RETURN RECEIPT SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND SUCH
 ASSOCIATION REFUSING TO ACCEPT SUCH CERTIFIED MAIL SHALL BE CHARGED WITH
 KNOWLEDGE OF THE CONTENTS THEREOF.
 4.  If  the  action  or proceeding is instituted in a court of limited
 jurisdiction, service of process may be made in the manner  provided  in
 this  section if the cause of action arose within the territorial juris
 diction of the court and the office of the defendant, as  set  forth  in
 its statement filed pursuant to section eighteen of this [chapter] ARTI
 CLE, is within such territorial jurisdiction.
 

S  22.  Paragraph  4  of subdivision (e) of section 203 of the limited
 liability company law, as added by chapter 470 of the laws of  1997,  is
 amended to read as follows:

 (4)  a  designation  of the secretary of state as agent of the limited
 liability company upon whom process against it may  be  served  and  the
 post  office address, within or without this state, to which [the secre-
 tary of state] A PERSON shall mail a copy of  any  process  against  the
 limited  liability  company  served  upon  [him or her] THE SECRETARY OF
 STATE;
 

S 23. Paragraph 6 of subdivision (d) of section  211  of  the  limited
 liability company law is amended to read as follows:

 (6)  a  change  in  the post office address to which [the secretary of
 state] A PERSON shall mail a copy of any  process  against  the  limited
 liability  company  served  upon  [him or her] THE SECRETARY OF STATE if
 such change is made other than pursuant to section three hundred one  of
 this chapter;
 

S 24. Subdivisions (a) and (b) of section 211-A of the limited liabil
 ity  company  law,  as  added  by  chapter  448 of the laws of 1998, are
 amended to read as follows:

 (a) A limited liability company may amend its articles of organization
 from time to time to (i) specify or change the location of  the  limited
 liability  company's  office;  (ii)  specify  or  change the post office
 address to which [the secretary of state] A PERSON shall mail a copy  of
 any  process against the limited liability company served upon [him] THE
 SECRETARY OF STATE; and (iii) make, revoke or change the designation  of
 a  registered  agent, or specify or change the address of the registered
 agent. Any one or more such changes may  be  accomplished  by  filing  a
 certificate  of  change  which  shall be entitled "Certificate of Change
 of ....... (name of limited liability company) under  section  211-A  of
 the  Limited Liability Company Law" and shall be signed and delivered to
 the department of state. It shall set forth:

 (1) the name of the limited liability company,  and  if  it  has  been
 changed, the name under which it was formed;
 (2) the date the articles of organization were filed by the department
 of state; and
 (3) each change effected thereby.
 
       S. 6258--A                         60                         A. 9058--A
 (b) A certificate of change which changes only the post office address
 to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
 process against a limited liability company served upon [him] THE SECRE
 TARY OF STATE or the address of  the  registered  agent,  provided  such
 address  being  changed is the address of a person, partnership, LIMITED
 LIABILITY COMPANY or corporation whose address, as agent, is the address
 to be changed or who has been designated as registered  agent  for  such
 limited  liability company may be signed and delivered to the department
 of state by such agent. The certificate of change shall  set  forth  the
 statements required under subdivision (a) of this section; that a notice
 of  the  proposed  change  was  mailed to the domestic limited liability
 company by the party signing the certificate not less than  thirty  days
 prior  to  the date of delivery to the department of state and that such
 domestic limited liability company has not objected  thereto;  and  that
 the party signing the certificate is the agent of such limited liability
 company  to  whose address [the secretary of state] A PERSON is required
 to mail [copies] A COPY of process SERVED ON THE SECRETARY OF  STATE  or
 the  registered  agent,  if  such  be the case. A certificate signed and
 delivered under this subdivision shall not be deemed to effect a  change
 of  location  of  the  office  of the limited liability company in whose
 behalf such certificate is filed.
 

S 24-a. Paragraph 2 of subdivision (b) of section 213 of  the  limited
 liability company law is amended to read as follows:

 (2)  to  change  the  post  office  address to which [the secretary of
 state] A PERSON shall mail a copy of any  process  against  the  limited
 liability company served upon [him or her] THE SECRETARY OF STATE; and
 

S 25. Subdivisions (c) and (e) of section 301 of the limited liability
 company  law,  subdivision  (e) as amended by chapter 643 of the laws of
 1995, are amended to read as follows:

 (c) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF  STATE  AS
 AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABIL
 ITY  COMPANY  SHALL  BE  DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN OR
 WITHOUT THIS STATE, TO WHICH A PERSON  SHALL  MAIL  A  COPY  OF  PROCESS
 SERVED  AGAINST  THE LIMITED LIABILITY COMPANY AS REQUIRED BY THIS ARTI
 CLE. Any designated post office address to which the secretary of  state
 OR  A  PERSON  shall mail a copy of process served upon [him or her] THE
 SECRETARY OF STATE as agent of a domestic limited liability company or a
 foreign limited liability company shall continue until the filing  of  a
 certificate under this chapter directing the mailing to a different post
 office address.
 [(e)]  (D)  Every  limited  liability  company  to  which this chapter
 applies, shall biennially in the calendar month during which  its  arti
 cles  of organization or application for authority were filed, or effec
 tive date thereof if stated, file on forms prescribed by  the  secretary
 of  state,  a statement setting forth the post office address, within or
 without this state, to which [the secretary of  state]  A  PERSON  shall
 mail  a copy of any process accepted against it served upon [him or her]
 THE SECRETARY OF  STATE.  Such  address  shall  supersede  any  previous
 address on file with the department of state for this purpose.
 

S 26. Paragraphs 2 and 3 of subdivision (a), subdivision (c), subpara
 graph (ii) of paragraph 2 and subparagraph (ii) of paragraph 3 of subdi
 vision  (e)  of  section  301-A of the limited liability company law, as
 added by chapter 448 of the  laws  of  1998,  are  amended  to  read  as
 follows:

 
       S. 6258--A                         61                         A. 9058--A
 (2)  that  the address of the party has been designated by the limited
 liability company as the post office address to which [the secretary  of
 state] A PERSON shall mail a copy of any process served on the secretary
 of  state  as agent for such limited liability company, SUCH ADDRESS and
 that such party wishes to resign.
 (3) that sixty days prior to the filing of the certificate of resigna
 tion  FOR  RECEIPT OF PROCESS with the department of state the party has
 sent a copy of the certificate of resignation for receipt of process  by
 registered  or  certified mail to the address of the registered agent of
 the [designated] DESIGNATING limited liability company,  if  other  than
 the  party filing the certificate of resignation[,] for receipt of proc
 ess, or if the [resigning] DESIGNATING limited liability company has  no
 registered agent, then to the last address of the [designated] DESIGNAT
 ING limited liability company known to the party, specifying the address
 to which the copy was sent. If there is no registered agent and no known
 address  of  the  designating limited liability company, the party shall
 attach an affidavit to the  certificate  stating  that  a  diligent  but
 unsuccessful  search was made by the party to locate the limited liabil
 ity company, specifying what efforts were made.
 (c) The filing by the department of state of a certificate  of  amend
 ment  [or],  certificate of change OR BIENNIAL STATEMENT providing for a
 new address by a designating limited liability company shall  annul  the
 suspension  and  its  authority  to  do  business in this state shall be
 restored and continued as if no suspension had occurred.
 (ii) sent by or on behalf of the plaintiff to such  limited  LIABILITY
 company by registered or certified mail with return receipt requested to
 the  last  address of such limited liability company known to the plain
 tiff.
 (ii) Where service of a copy of process was  effected  by  mailing  in
 accordance  with this section, proof of service shall be by affidavit of
 compliance with this section filed, together with  the  process,  within
 thirty  days  after  receipt of the return receipt signed by the limited
 liability company or other official proof of delivery or of the original
 envelope mailed. If a copy of the process is mailed in  accordance  with
 this  section,  there  shall  be  filed with the affidavit of compliance
 either the return receipt signed by such limited  LIABILITY  company  or
 other  official  proof of delivery, if acceptance was refused by it, the
 original envelope with a notation by the postal authorities that accept
 ance was refused. If acceptance was refused a copy  of  the  notice  and
 process  together  with notice of the mailing by registered or certified
 mail and refusal to accept  shall  be  promptly  sent  to  such  limited
 liability company at the same address by ordinary mail and the affidavit
 of  compliance  shall so state. Service of process shall be complete ten
 days after such papers are filed  with  the  clerk  of  the  court.  The
 refusal  to  accept  delivery  of the registered or certified mail or to
 sign the return receipt shall not affect the validity of the service and
 such limited liability company refusing to  accept  such  registered  or
 certified mail shall be charged with knowledge of the contents thereof.
 

S  27. 

Section 303 of the limited liability company law, subdivisions
 (a) and (b) as relettered by chapter 341 of the laws of 1999, is amended
 to read as follows:

 

S 303. Service of process on limited liability companies.  (a) Service
 of process on the secretary of state as  agent  of  a  domestic  limited
 liability company [or], authorized foreign limited liability company, OR
 OTHER  BUSINESS  ENTITY  THAT  HAS  DESIGNATED THE SECRETARY OF STATE AS
 AGENT FOR SERVICE OF PROCESS PURSUANT TO ARTICLE  TEN  OF  THIS  CHAPTER
 
       S. 6258--A                         62                         A. 9058--A
 shall be made by personally delivering to and leaving with the secretary
 of  state or [his or her] A deputy, or with any person authorized by the
 secretary of state to receive such service, at the office of the depart
 ment  of  state in the city of Albany, [duplicate copies] A COPY of such
 process together with the statutory fee, which fee shall  be  a  taxable
 disbursement.  [Service  of  process  on  such limited liability company
 shall be complete when the secretary of state is so served.  The  secre-
 tary  of state shall promptly send one of such copies by certified mail,
 return receipt requested, to such limited liability company at the  post
 office  address  on  file  in the department of state specified for that
 purpose.]
 (b) SUCH SERVICE SHALL BE SUFFICIENT IF NOTICE OF SUCH SERVICE ON  THE
 SECRETARY OF STATE AND A COPY OF THE PROCESS ARE:

 (1) DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH LIMITED
 LIABILITY  COMPANY  BY  A  PERSON  AND IN THE MANNER AUTHORIZED TO SERVE
 PROCESS BY LAW OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
 (2) SENT BY OR ON BEHALF OF THE PLAINTIFF TO  SUCH  LIMITED  LIABILITY
 COMPANY  BY  CERTIFIED  MAIL  WITH  RETURN RECEIPT REQUESTED AT THE POST
 OFFICE ADDRESS SPECIFIED FOR THE PURPOSE OF MAILING PROCESS ON  FILE  IN
 THE DEPARTMENT OF STATE.
 (C)  WHERE  SERVICE  OF  A  COPY  OF  PROCESS WAS EFFECTED BY PERSONAL
 SERVICE, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH  THIS
 SECTION  FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER SUCH
 SERVICE WITH THE CLERK OF THE COURT  IN  WHICH  THE  ACTION  OR  SPECIAL
 PROCEEDING  IS  PENDING.  SERVICE  OF PROCESS SHALL BE COMPLETE TEN DAYS
 AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
 (D) WHERE SERVICE OF A COPY OF PROCESS  WAS  EFFECTED  BY  MAILING  IN
 ACCORDANCE  WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF
 COMPLIANCE WITH THIS SECTION FILED, TOGETHER WITH  THE  PROCESS,  WITHIN
 THIRTY  DAYS  AFTER  RECEIPT OF THE RETURN RECEIPT SIGNED BY THE LIMITED
 LIABILITY COMPANY, OR  OTHER  OFFICIAL  PROOF  OF  DELIVERY  OR  OF  THE
 ORIGINAL  ENVELOPE MAILED. IF A COPY OF THE PROCESS IS MAILED IN ACCORD
 ANCE WITH THIS SECTION, THERE SHALL  BE  FILED  WITH  THE  AFFIDAVIT  OF
 COMPLIANCE  EITHER  THE  RETURN RECEIPT SIGNED BY SUCH LIMITED LIABILITY
 COMPANY OR OTHER PROOF OF DELIVERY OR, IF ACCEPTANCE WAS REFUSED BY  IT,
 THE  ORIGINAL  ENVELOPE  WITH  A NOTATION BY THE POSTAL AUTHORITIES THAT
 ACCEPTANCE WAS REFUSED. IF ACCEPTANCE WAS REFUSED, A COPY OF THE  NOTICE
 AND  PROCESS  TOGETHER  WITH NOTICE OF THE MAILING BY CERTIFIED MAIL AND
 REFUSAL TO ACCEPT SHALL BE  PROMPTLY  SENT  TO  SUCH  LIMITED  LIABILITY
 COMPANY  AT  THE  SAME  ADDRESS  BY  ORDINARY  MAIL AND THE AFFIDAVIT OF
 COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS SHALL BE COMPLETE TEN DAYS
 AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT. THE REFUSAL  TO
 ACCEPT  DELIVERY  OF  THE  CERTIFIED  MAIL OR TO SIGN THE RETURN RECEIPT
 SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND SUCH LIMITED  LIABILITY
 COMPANY  REFUSING  TO  ACCEPT  SUCH CERTIFIED MAIL SHALL BE CHARGED WITH
 KNOWLEDGE OF THE CONTENTS THEREOF. Nothing in this section  shall  limit
 or affect the right to serve any process required or permitted by law to
 be  served  upon  a limited liability company in any other manner now or
 hereafter permitted by law or applicable rules of procedure.
 

S 28. Paragraphs 1 and 4 of subdivision (a)  of  section  802  of  the
 limited  liability company law, paragraph 1 as amended by chapter 643 of
 the laws of 1995 and paragraph 4 as amended by chapter 470 of  the  laws
 of 1997, are amended to read as follows:

 (1)  the  name  of  the  foreign  limited  liability company and, if a
 foreign LIMITED liability company's name is not acceptable for  authori
 zation  pursuant to section two hundred four of this chapter, the ficti
 
       S. 6258--A                         63                         A. 9058--A
 tious name under which it proposes to apply for authority and  do  busi
 ness  in  this state, which name shall be in compliance with section two
 hundred four of this chapter and shall be used by  the  foreign  limited
 liability  company  in all its dealings with the department of state and
 in the conduct of its business in this state. The provisions of  section
 one  hundred  thirty  of the general business law shall not apply to any
 fictitious name filed by a foreign limited liability company pursuant to
 this section, and a filing under  section  one  hundred  thirty  of  the
 general  business  law shall not constitute the adoption of a fictitious
 name;
 (4) a designation of the secretary of state as  its  agent  upon  whom
 process  against it may be served and the post office address, within or
 without this state, to which [the secretary of  state]  A  PERSON  shall
 mail  a  copy  of  any  process  against it served upon [him or her] THE
 SECRETARY OF STATE;
 

S 29.

Section 804-A of the limited liability company law, as added  by
 chapter 448 of the laws of 1998, is amended to read as follows:

 

S 804-A. Certificate of change. (a) A foreign limited liability compa
 ny  may  amend  its  application  for authority from time to time to (i)
 specify or change  the  location  of  the  limited  liability  company's
 office;  (ii)  specify  or  change the post office address to which [the
 secretary of state] A PERSON shall mail a copy of  any  process  against
 the  limited liability company served upon [him] THE SECRETARY OF STATE;
 and (iii) to make, revoke or change  the  designation  of  a  registered
 agent,  or  to  specify or change the address of a registered agent. Any
 one or more such changes may be accomplished by filing a certificate  of
 change  which shall be entitled "Certificate of Change of ........ (name
 of limited liability company) under section 804-A of the Limited Liabil
 ity Company Law" and shall be signed and delivered to the department  of
 state. It shall set forth:

 (1) the name of the foreign limited liability company and, if applica
 ble, the fictitious name the limited liability company has agreed to use
 in  this  state pursuant to section eight hundred two of this article OR
 SECTION THIRTEEN HUNDRED SIX OF THIS CHAPTER;
 (2) the date its application for authority was filed by the department
 of state; and
 (3) each change effected thereby[,].
 (b) A certificate of change which changes only the post office address
 to which [the secretary of state] A PERSON shall  mail  a  copy  of  any
 process  against  a  foreign limited liability company served upon [him]
 THE SECRETARY OF STATE or the address of the registered agent,  provided
 such address being changed is the address of a person, partnership [or],
 corporation  OR OTHER LIMITED LIABILITY COMPANY whose address, as agent,
 is the address to be  changed or who has been designated  as  registered
 agent  for such limited liability company may be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 liability company by the party signing the  certificate  not  less  than
 thirty days prior to the date of delivery to the department of state and
 that  such  foreign  limited liability company has not objected thereto;
 and that the party signing the certificate is the agent of such  foreign
 limited  liability  company  to whose address [the secretary of state] A
 PERSON is required to mail [copies] A COPY  of  process  SERVED  ON  THE
 SECRETARY  OF  STATE  or  the  registered  agent, if such be the case. A
 certificate signed and delivered under this  subdivision  shall  not  be
 
       S. 6258--A                         64                         A. 9058--A
 deemed  to  effect  a  change  of  location of the office of the foreign
 limited liability company in whose behalf such certificate is filed.
 

S  30.  Paragraph  6  of subdivision (b) of section 806 of the limited
 liability company law is amended to read as follows:

 (6) a post office address within or without this state to  which  [the
 secretary of state] A PERSON shall mail a copy of any process against it
 served upon [him or her] THE SECRETARY OF STATE.
 

S  31.  Paragraph 11 of subdivision (a) of section 1003 of the limited
 liability company law, as amended by chapter 374 of the laws of 1998, is
 amended to read as follows:

 (11) a designation of the secretary of state as its  agent  upon  whom
 process  against  it  may  be  served in the manner set forth in article
 three of this chapter in any action or special proceeding,  and  a  post
 office address, within or without this state, to which [the secretary of
 state]  A  PERSON  shall  mail a copy of any process served upon [him or
 her] THE SECRETARY OF STATE. Such post office  address  shall  supersede
 any  prior  address  designated as the address to which process shall be
 mailed;
 

S 32. Subdivisions (b) and (c) of section 1101 of the limited  liabil
 ity company law are amended to read as follows:

 (b) For the change of address of the post office address to which [the
 secretary  of  state]  A PERSON shall mail a copy of any process against
 the limited liability company served upon [him or her] THE SECRETARY  OF
 STATE  pursuant  to  section  three  hundred one of this chapter, twenty
 dollars.
 (c) For the statement of address of the post office address  to  which
 [the  secretary  of  state]  A  PERSON  shall mail a copy of any process
 against the limited liability company  served  upon  [him  or  her]  THE
 SECRETARY  OF  STATE pursuant to section three hundred one of this chap
 ter, nine dollars.
 

S 33. Paragraphs 1, 5 and 6 of subdivision (a) of section 1306 of  the
 limited liability company law are amended to read as follows:

 (1)  the  name  of  the foreign professional service limited liability
 company.  A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE
 LIMITED LIABILITY COMPANY  NAME  IS  NOT  ACCEPTABLE  FOR  AUTHORIZATION
 PURSUANT  TO SECTION TWO HUNDRED FOUR OF THIS CHAPTER, MAY SUBMIT IN ITS
 APPLICATION FOR AUTHORITY A FICTITIOUS NAME  UNDER  WHICH  IT  SHALL  DO
 BUSINESS  IN  THIS  STATE.  A FICTITIOUS NAME SUBMITTED PURSUANT TO THIS
 SECTION SHALL BE SUBJECT TO THE PROVISIONS OF SECTION TWO  HUNDRED  FOUR
 OF THIS CHAPTER. A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPA
 NY  AUTHORIZED  TO  DO  BUSINESS  IN  THIS STATE UNDER A FICTITIOUS NAME
 PURSUANT TO THIS SECTION SHALL USE SUCH FICTITIOUS NAME IN  ALL  OF  ITS
 DEALINGS  WITH THE SECRETARY OF STATE AND IN THE CONDUCT OF ITS BUSINESS
 IN THIS STATE. THE PROVISIONS OF  SECTION  ONE  HUNDRED  THIRTY  OF  THE
 GENERAL  BUSINESS  LAW SHALL NOT APPLY TO ANY FICTITIOUS NAME FILED BY A
 FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY PURSUANT TO  THIS
 SECTION  AND  A  FILING  UNDER SECTION ONE HUNDRED THIRTY OF THE GENERAL
 BUSINESS LAW SHALL NOT CONSTITUTE THE ADOPTION OF A FICTITIOUS NAME.  If
 the  name  does  not  end with the words "Professional Limited Liability
 Company" or "Limited Liability Company" or the abbreviation  "P.L.L.C.",
 "PLLC",  "L.L.C."  or  "LLC",  it shall in addition to the foregoing set
 forth the name to be used in this state, ending with the words  "Profes
 sional  Limited Liability Company" or "Limited Liability Company" or the
 abbreviation "P.L.L.C.", "PLLC", "L.L.C." or "LLC";
 (5) the [city, incorporated village or town  and  the]  county  within
 this state in which its office is to be located, OR IF IT SHALL MAINTAIN
 
       S. 6258--A                         65                         A. 9058--A
 MORE THAN ONE OFFICE IN THIS STATE, THE COUNTY WITHIN THE STATE IN WHICH
 THE PRINCIPAL OFFICE OF THE FOREIGN PROFESSIONAL SERVICE LIMITED LIABIL
 ITY COMPANY IS TO BE LOCATED;
 (6)  a  designation  of  the secretary of state as its agent upon whom
 process against it may be served and the post office address  within  or
 without this state to which [the secretary of state] A PERSON shall mail
 a  copy of any process against it served upon [him or her] THE SECRETARY
 OF STATE; and
 

S 33-a. Paragraphs (a) and (c) of section 103  of  the  not-for-profit
 corporation  law, paragraph (a) as amended by chapter 807 of the laws of
 1973 and paragraph (c) as amended by chapter 961 of the  laws  of  1972,
 are amended to read as follows:

 (a)    Except  as  otherwise  provided  in  this section, this chapter
 applies to every domestic corporation as herein defined,  and  to  every
 foreign  corporation as herein defined which is authorized to conduct or
 which conducts any activities in this state.  This chapter also  applies
 to  any other domestic corporation or foreign corporation of any type or
 kind to the extent, if any, provided  under  this  chapter  or  any  law
 governing  such corporation and, if no such provision for application is
 made, to the extent,  if  any,  that  the  membership  corporations  law
 applied to such corporation as of the effective date of this chapter.  A
 corporation formed by a special act of this state which has as its prin
 cipal  purpose an education purpose and which is a member of the univer
 sity of the state of New  York,  is  an  "education  corporation"  under
 section two hundred sixteen-a of the education law.
 To  the  extent  that  the  membership corporations law or the general
 corporation law applied to it as of the effective date of this  chapter,
 the  corresponding  provisions  of  this  chapter apply to a corporation
 heretofore formed by or pursuant to a special act of  this  state  other
 than  a religious corporation or an "education corporation" under clause
 (b) of subdivision one of section two hundred sixteen-a of the education
 law, if (1) its principal purpose is a religious, charitable  or  educa
 tion  purpose, and (2) it is operated, supervised or controlled by or in
 connection with a religious organization.    Any  such  corporation  may
 elect  hereunder at any time after the effective date of this chapter to
 file a RESTATED certificate of [type] INCORPORATION under section  [one]
 EIGHT  hundred  [thirteen  (Certificate of type of not-for-profit corpo-
 ration)] FIVE (RESTATED CERTIFICATE OF INCORPORATION).    SUCH  RESTATED
 CERTIFICATE OF INCORPORATION SHALL INCLUDE:

 (1)  A  STATEMENT  THAT SUCH CORPORATION IS PERMITTED PURSUANT TO THIS
 SECTION TO ELECT TO BECOME AND BE A NOT-FOR-PROFIT CORPORATION;
 (2) A STATEMENT THAT SUCH CORPORATION HAS ELECTED TO BECOME AND  BE  A
 NOT-FOR-PROFIT CORPORATION OPERATED UNDER THIS CHAPTER;
 (3)  THE CHAPTER AND YEAR OF THE SPECIAL ACT OF THE LEGISLATURE CREAT
 ING SUCH CORPORATION;
 (4) THE CERTIFICATE OF INCORPORATION IN THE SAME MANNER  AS  IF  NEWLY
 INCORPORATED PURSUANT TO SECTION FOUR HUNDRED TWO (CERTIFICATE OF INCOR
 PORATION;  CONTENTS),  HOWEVER  SUCH CERTIFICATE NEED NOT INCLUDE STATE
 MENTS AS TO THE INCORPORATOR OR INCORPORATORS, OR THE INITIAL  DIRECTORS
 OF SUCH CORPORATION.
 Upon  the  filing of such certificate by the department of state, this
 chapter shall apply in all respects to such corporation.
 This chapter also applies to any other  corporation  of  any  type  or
 kind,  formed not for profit under any other chapter of the laws of this
 state except a chapter of the consolidated  laws,  to  the  extent  that
 provisions  of  this chapter do not conflict with the provisions of such
 
       S. 6258--A                         66                         A. 9058--A
 unconsolidated law.  If an applicable provision of  such  unconsolidated
 law  relates to a matter embraced in this chapter but is not in conflict
 therewith, both provisions shall apply.  Any corporation to  which  this
 chapter  is  made  applicable  by  this  paragraph shall be treated as a
 "corporation" or "domestic corporation" as such terms are used  in  this
 chapter,  except  that  the  purposes  of any such corporation formed or
 formable under such unconsolidated law shall not  thereby  be  extended.
 For the purpose of this paragraph, the effective date of this chapter as
 to  corporations  to which this chapter is made applicable by this para
 graph shall be September one, nineteen hundred seventy-three.
 (c)  If any provision in articles one to thirteen  inclusive  of  this
 chapter  conflicts with a provision of any subsequent articles or of any
 special act under which a corporation to which this chapter  applies  is
 formed,  the  provision  in  such  subsequent  article  or  special  act
 prevails.  A provision of any such subsequent  article  or  special  act
 relating  to  a matter referred to in articles one to thirteen inclusive
 and not in conflict therewith is  supplemental  and  both  shall  apply.
 Whenever  the  board  of  a [Type B] corporation, formed under a special
 act, reasonably makes an interpretation as to whether a provision of the
 special act or this chapter prevails, or both apply, such interpretation
 shall govern unless and until a  court  determines  otherwise,  if  such
 board has acted in good faith for a purpose which it reasonably believes
 to  be  in the best interests of the corporation, provided however, that
 such interpretation shall not bind any governmental body or officer.
 

S 34. Subparagraphs 7 and 8 of paragraph (a) of  section  112  of  the
 not-for-profit  corporation  law,  subparagraph  7 as amended by chapter
 1058 of the laws of 1971, are amended to read as follows:

 (7)   To enforce any right given under  this  chapter  to  members,  a
 director  or an officer of a [Type B or Type C] corporation.  The attor
 ney-general shall have the same status  as  such  members,  director  or
 officer.
 (8)   To compel the directors and officers, or any of them, of a [Type
 B or Type C] corporation which has been dissolved  [under  section  1011
 (Dissolution  for  failure to file certificate of type of Not-for-Profit
 Corporation Law under section 113)] to account for  the  assets  of  the
 dissolved corporation.
 

S 35.

Section 113 of the not-for-profit corporation law is REPEALED.
 

S  36. 

Section 114 of the not-for-profit corporation law, as added by
 chapter 847 of the laws of 1970, is amended to read as follows:

 

S 114. Visitation of supreme court.
 [Type B and Type C corporations] CORPORATIONS,  whether  formed  under
 general or special laws, with their books and vouchers, shall be subject
 to  the  visitation and inspection of a justice of the supreme court, or
 of any person appointed by the court for that purpose.  If it appears by
 the verified petition of a member or creditor of any  such  corporation,
 that  it, or its directors, officers or agents, have misappropriated any
 of the funds or property of the corporation, or diverted them  from  the
 purpose of its incorporation, or that the corporation has acquired prop
 erty  in  excess of the amount which it is authorized by law to hold, or
 has engaged in any business other than that stated in its certificate of
 incorporation, the court may order that notice of at least  eight  days,
 with  a  copy  of  the  petition,  be  served on the corporation and the
 persons charged with misconduct, requiring them to show cause at a  time
 and place specified, why they should not be required to make and file an
 inventory  and  account of the property, effects and liabilities of such
 corporation with a detailed statement of  its  transactions  during  the
 
       S. 6258--A                         67                         A. 9058--A
 twelve months next preceding the granting of such order.  On the hearing
 of such application, the court may make an order requiring such invento
 ry,  account and statement to be filed, and proceed to take and state an
 account  of  the  property  and  liabilities  of the corporation, or may
 appoint a referee for that purpose.   When such  account  is  taken  and
 stated,  after hearing all the parties to the application, the court may
 enter a final order determining the amount of property so  held  by  the
 corporation,  its annual income, whether any of the property or funds of
 the corporation have been  misappropriated  or  diverted  to  any  other
 purpose  than  that  for  which  such  corporation was incorporated, and
 whether such corporation has been engaged in any activity not covered by
 its certificate of incorporation.  An appeal may be taken from the order
 by any party aggrieved to the appellate division of the  supreme  court,
 and to the court of appeals, as in a civil action.  No corporation shall
 be  required to make and file more than one inventory and account in any
 one year, nor to make a second account and inventory, while  proceedings
 are pending for the statement of an account under this section.
 

S 37.

Section 201 of the not-for-profit corporation law, paragraph (b)
 as  amended  by  chapter  847  of  the laws of 1970 and paragraph (c) as
 amended by chapter 1058 of the laws of  1971,  is  amended  to  read  as
 follows:

 

S 201. Purposes.
 (a)  A corporation, as defined in subparagraph (5)[,] OF paragraph (a)
 of [S] SECTION 102 OF THIS CHAPTER (Definitions), may  be  formed  under
 this  chapter as provided in paragraph (b) OF THIS SECTION unless it may
 be formed under any other corporate law of this state in which event  it
 may  not  be  formed  under this chapter unless such other corporate law
 expressly so provides.
 (b) A corporation, [of a type  and]  for  a  purpose  or  purposes  as
 follows,  may  be  formed under this chapter, provided consents required
 under any other statute of this state have been obtained:

 [Type A -] (1) A not-for-profit corporation  [of  this  type]  may  be
 formed  for  any  lawful non-business purpose or purposes including, but
 not limited to, any one or more of the following non-pecuniary purposes:

 civic, patriotic, political, social, fraternal, athletic,  agricultural,
 horticultural,  animal  husbandry,  and  for a professional, commercial,
 industrial, trade or service association[.
 Type B - A not-for-profit corporation of this type may be  formed  for
 any  one  or  more of the following non-business purposes:], charitable,
 educational,  religious,  scientific,  literary,  cultural  or  for  the
 prevention of cruelty to children or animals.
 [Type  C  -]  (2)  A  not-for-profit corporation [of this type] may be
 formed for any lawful business purpose to achieve  a  lawful  public  or
 quasi-public objective.
 [Type  D  -]  (3)  A  not-for-profit corporation [of this type] may be
 formed under this chapter when such formation is authorized by any other
 corporate law of this state for any business or non-business, or pecuni
 ary or non-pecuniary, purpose or purposes specified by such other  law[,
 whether  such purpose or purposes are also within types A, B, C above or
 otherwise.
 (c) If a corporation is formed for purposes which are within both type
 A and type B above, it is a type B corporation.   If a  corporation  has
 among  its purposes any purpose which is within type C, such corporation
 is a type C corporation.   A  type  D  corporation  is  subject  to  all
 provisions  of this chapter which are applicable to a type B corporation
 under this chapter unless provided to the contrary in,  and  subject  to
 
       S. 6258--A                         68                         A. 9058--A
 the  contrary  provisions of, the other corporate law authorizing forma-
 tion under this chapter of the type D corporation].
 

S  38.  Paragraph (d) of section 304 of the not-for-profit corporation
 law, as amended by chapter 168 of the laws of 1982, is amended  to  read
 as follows:

 (d) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  MAIL  A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
 AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL  BE  DEEMED
 TO  BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO WHICH A
 PERSON SHALL MAIL A COPY OF PROCESS SERVED AGAINST  THE  CORPORATION  AS
 REQUIRED  BY  THIS  ARTICLE.  Any  designated  [post-office] POST OFFICE
 address to which the secretary of state OR A PERSON shall mail a copy of
 process served upon [him] THE SECRETARY OF STATE as agent of a  domestic
 corporation  formed under article four of this chapter or foreign corpo
 ration, shall continue until the filing  of  a  certificate  under  this
 chapter  directing  the mailing to a different [post-office] POST OFFICE
 address.
 

S 39. Paragraph (b) of section 306 of the  not-for-profit  corporation
 law is REPEALED.
 

S  40.  Paragraphs  (c)  and  (d) of section 306 of the not-for-profit
 corporation law are relettered paragraphs (d) and (e) and two new  para
 graphs (b) and (c) are added to read as follows:

 (B)  SERVICE OF SUCH PROCESS UPON THE SECRETARY OF STATE AS AGENT OF A
 DOMESTIC OR AUTHORIZED FOREIGN CORPORATION,  OR  OTHER  BUSINESS  ENTITY
 THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROC
 ESS  PURSUANT  TO  ARTICLE  NINE  OF  THIS  CHAPTER,  SHALL  BE  MADE BY
 PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF  STATE  OR  A
 DEPUTY, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE
 SUCH  SERVICE,  AT  THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF
 ALBANY, A COPY OF SUCH PROCESS TOGETHER WITH THE  STATUTORY  FEE,  WHICH
 FEE SHALL BE A TAXABLE DISBURSEMENT. SUCH SERVICE SHALL BE SUFFICIENT IF
 NOTICE OF SUCH SERVICE ON THE SECRETARY OF STATE AND A COPY OF THE PROC
 ESS ARE:

 (1)  DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH CORPO
 RATION BY A PERSON AND IN A MANNER AUTHORIZED TO SERVE PROCESS BY LAW OF
 THE JURISDICTION IN WHICH SERVICE IS MADE; OR
 (2) SENT BY OR ON BEHALF OF  THE  PLAINTIFF  TO  SUCH  CORPORATION  BY
 CERTIFIED  MAIL WITH RETURN RECEIPT REQUESTED AT THE POST OFFICE ADDRESS
 SPECIFIED FOR THE PURPOSE OF MAILING PROCESS ON FILE IN  THE  DEPARTMENT
 OF STATE.
 (C)  1.  WHERE  SERVICE  OF A COPY OF PROCESS WAS EFFECTED BY PERSONAL
 SERVICE, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH  THIS
 SECTION,  FILED TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER SUCH
 SERVICE, WITH THE CLERK OF THE COURT IN  WHICH  THE  ACTION  OR  SPECIAL
 PROCEEDING  IS  PENDING.  SERVICE  OF PROCESS SHALL BE COMPLETE TEN DAYS
 AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
 2. WHERE SERVICE OF A COPY OF  PROCESS  WAS  EFFECTED  BY  MAILING  IN
 ACCORDANCE  WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF
 COMPLIANCE WITH THIS SECTION, FILED TOGETHER WITH  THE  PROCESS,  WITHIN
 THIRTY  DAYS  AFTER  RECEIPT  OF THE RETURN RECEIPT SIGNED BY THE CORPO
 RATION, OR OTHER OFFICIAL PROOF OF DELIVERY OR OF THE ORIGINAL  ENVELOPE
 MAILED.  IF  A  COPY  OF  THE  PROCESS IS MAILED IN ACCORDANCE WITH THIS
 SECTION, THERE SHALL BE FILED WITH THE AFFIDAVIT  OF  COMPLIANCE  EITHER
 THE RETURN RECEIPT SIGNED BY SUCH CORPORATION OR OTHER OFFICIAL PROOF OF
 DELIVERY OR, IF ACCEPTANCE WAS REFUSED BY IT, THE ORIGINAL ENVELOPE WITH
 A  NOTATION  BY  THE  POSTAL AUTHORITIES THAT ACCEPTANCE WAS REFUSED. IF
 
       S. 6258--A                         69                         A. 9058--A
 ACCEPTANCE WAS REFUSED, A COPY OF THE NOTICE AND PROCESS  TOGETHER  WITH
 NOTICE  OF  THE MAILING BY CERTIFIED MAIL AND REFUSAL TO ACCEPT SHALL BE
 PROMPTLY SENT TO SUCH CORPORATION AT THE SAME ADDRESS BY  ORDINARY  MAIL
 AND THE AFFIDAVIT OF COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS SHALL
 BE  COMPLETE  TEN DAYS AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE
 COURT. THE REFUSAL TO ACCEPT DELIVERY OF THE CERTIFIED MAIL OR  TO  SIGN
 THE RETURN RECEIPT SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND SUCH
 CORPORATION REFUSING TO ACCEPT SUCH CERTIFIED MAIL SHALL BE CHARGED WITH
 KNOWLEDGE OF THE CONTENTS THEREOF.
 

S  41. Subparagraphs 2, 4 and 6 of paragraph (a) of section 402 of the
 not-for-profit corporation law, subparagraph 2 as amended by chapter 847
 of the laws of 1970, subparagraph 4 as amended by  chapter  679  of  the
 laws  of 1985, and subparagraph 6 as added by chapter 564 of the laws of
 1981 and as renumbered by chapter 132 of the laws of 1985,  are  amended
 to read as follows:

 (2)  That  the corporation is a corporation as defined in subparagraph
 (5) OF PARAGRAPH (a) [(5)] of section 102 (Definitions); the purpose  or
 purposes for which it is formed [and the type of corporation it shall be
 under section 201 (Purposes)]; and in the case of a [Type C] corporation
 FORMED FOR ANY LAWFUL BUSINESS PURPOSE OR PURPOSES, the lawful public or
 quasi-public objective which each business purpose will achieve.
 (4)  [In the case of a Type A, Type B, or Type C corporation, the] THE
 names and addresses of the initial directors. [In the case of a  Type  D
 corporation,  the  names and addresses of the initial directors, if any,
 may but need not be set forth.]
 (6) A designation of the secretary of state as  agent  of  the  corpo
 ration  upon  whom  process against it may be served and the post office
 address, within or without [this] THE state, to which [the secretary  of
 state]  A PERSON shall mail a copy of any process against it served upon
 [him] THE SECRETARY OF STATE.
 

S 42. Paragraph (d) of section 502 of the  not-for-profit  corporation
 law is amended to read as follows:

 (d)  A  member's  capital contribution shall be evidenced by a capital
 certificate [which shall be non-transferable, except  that  the  certif-
 icate  of  incorporation  of  a  Type A corporation may provide that its
 capital certificates, or some of them,  may  be  transferable  to  other
 members  with  the  consent  of the corporation upon specified terms and
 conditions]. A CAPITAL CERTIFICATE SHALL BE NON-TRANSFERABLE  EXCEPT  AS
 OTHERWISE  PROVIDED IN THE CERTIFICATE OF INCORPORATION OF A CORPORATION
 THAT IS NOT ORGANIZED FOR CHARITABLE PURPOSES.
 

S 43. Subparagraph 1 of paragraph (b) of section 503 of  the  not-for
 profit corporation law is REPEALED.
 

S  44.  Subparagraph 1 of paragraph (b) of section 505 of the not-for
 profit corporation law is REPEALED.
 

S 45. Subparagraph 3 of paragraph (a) of section 510 of  the  not-for
 profit  corporation  law, as amended by chapter 847 of the laws of 1970,
 is amended to read as follows:

 (3) [If the corporation is, or would be if formed under this  chapter,
 classified  as  a  Type  B  or  Type  C  corporation  under section 201,
 (Purposes) such] A sale, lease, exchange or other disposition  shall  in
 addition  require leave of the supreme court in the judicial district or
 of the county court of the county  in  which  the  corporation  has  its
 office  or principal place of carrying out the purposes for which it was
 formed.
 
       S. 6258--A                         70                         A. 9058--A
 

S 46. Paragraph (a) of section 513 of the  not-for-profit  corporation
 law,  as  amended by chapter 690 of the laws of 1978, is amended to read
 as follows:

 (a) A corporation [which is, or would be if formed under this chapter,
 classified  as a Type B corporation] shall hold full ownership rights in
 any assets consisting of funds or other real or personal property of any
 kind, that may be given, granted, bequeathed or devised to or  otherwise
 vested  in  such  corporation in trust for, or with a direction to apply
 the same to, any purpose specified in its certificate of  incorporation,
 and  shall  not  be deemed a trustee of an express trust of such assets.
 Any other corporation subject to this chapter may similarly hold  assets
 so  received,  unless otherwise provided by law or in the certificate of
 incorporation.
 

S 47. Paragraph (a) of section 601 of the  not-for-profit  corporation
 law,  as amended by chapter 1058 of the laws of 1971, is amended to read
 as follows:

 (a) A corporation [shall] MAY have one or more classes of members, or,
 [in the case of a Type B corporation,] may have no  members[,  in  which
 case  any  such  provision  for classes of members or for no members]. A
 CORPORATION WHICH HAS ONE OR MORE CLASSES  OF  MEMBERS  shall  [be]  set
 forth in the certificate of incorporation or the by-laws SUCH PROVISIONS
 FOR  CLASSES  OF MEMBERS.  Corporations, joint-stock associations, unin
 corporated associations and partnerships, as well as  any  other  person
 without limitation, may be members.
 

S  48.  Subparagraph 7 of paragraph (b) of section 801 of the not-for
 profit corporation law, as amended by chapter 438 of the laws  of  1984,
 is amended to read as follows:

 (7)  To specify or change the post office address to which [the secre-
 tary of state] A PERSON shall mail a copy of  any  process  against  the
 corporation served upon [him] THE SECRETARY OF STATE.
 

S  49.  Subparagraph 2 of paragraph (c) of section 802 of the not-for
 profit corporation law, as amended by chapter 186 of the laws  of  1983,
 is amended to read as follows:

 (2)  To specify or change the post office address to which [the secre-
 tary of state] A PERSON shall mail a copy of  any  process  against  the
 corporation served upon [him] THE SECRETARY OF STATE.
 

S  50.  Subparagraphs  3  and 6 of paragraph (a) of section 803 of the
 not-for-profit corporation law, paragraphs 3 and 6 as amended by chapter
 168 of the laws of 1982 and paragraph 6 as renumbered by chapter 145  of
 the laws of 1983, are amended to read as follows:

 (3)  That  the corporation is a corporation as defined in subparagraph
 (5) OF PARAGRAPH (a) [(5)] of section 102 (Definitions)[;  the  type  of
 corporation  it  is  under  section 201 (Purposes); and if the corporate
 purposes are enlarged, limited or otherwise changed, the type of  corpo-
 ration it shall thereafter be under section 201].
 (6)  A  designation  of  the secretary of state as agent of the corpo
 ration upon whom process against it may be served and  the  post  office
 address, within or without this state, to which [the secretary of state]
 A  PERSON  shall mail a copy of any process against it served upon [him]
 THE SECRETARY OF STATE.
 

S 51. Paragraph (b) of section 803-A of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended  to  read
 as follows:

 (b) A certificate of change which changes only the post office address
 to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
 process against the corporation served upon [him] THE SECRETARY OF STATE
 
       S. 6258--A                         71                         A. 9058--A
 or the address of the registered  agent,  provided  such  address  being
 changed  is  the  address  of  a  person, partnership, LIMITED LIABILITY
 COMPANY or other corporation whose address, as agent, is the address  to
 be  changed  or  who  has  been  designated as registered agent for such
 corporation, may be signed and delivered to the department of  state  by
 such  agent.  The  certificate  of change shall set forth the statements
 required under subparagraphs (1), (2) and (3) of paragraph (a)  of  this
 section;  that  a notice of the proposed change was mailed to the corpo
 ration by the party signing the certificate not less  than  thirty  days
 prior  to  the  date  of delivery to the department and that such corpo
 ration has not objected thereto; and that the party signing the  certif
 icate  is  the agent of such corporation to whose address [the secretary
 of state] A PERSON is required to mail [copies] A COPY  of  any  process
 against  the corporation served upon [him] THE SECRETARY OF STATE or the
 registered agent, if such be the case. A certificate signed  and  deliv
 ered  under  this  paragraph  shall  not be deemed to effect a change of
 location of the office of the corporation in whose behalf  such  certif
 icate is filed.
 

S  52.  Subparagraph  (ii) of paragraph (a) of section 804 of the not
 for-profit corporation law, as amended by chapter 139  of  the  laws  of
 1993, is amended to read as follows:

 [(ii)]  Every certificate of amendment of a corporation [classified as
 type B or type C under section 201 (Purposes)] which seeks to change  or
 eliminate a purpose or power enumerated in the corporation's certificate
 of  incorporation,  or to add a power or purpose not enumerated therein,
 shall have endorsed thereon or annexed thereto the approval of a justice
 of the supreme court of the judicial district in which the office of the
 corporation is located. Ten days' written notice of the application  for
 such approval shall be given to the attorney-general.
 

S  53. Clause (E) of subparagraph 2 of paragraph (d) of section 906 of
 the not-for-profit corporation law, as amended by chapter  1058  of  the
 laws of 1971, is amended to read as follows:

 (E)  A  designation  of  the secretary of state as its agent upon whom
 process against it may be served in the manner set  forth  in  paragraph
 (b)  of  section  306  (Service  of  process),  in any action or special
 proceeding described in [subparagraph] CLAUSE (D) OF  THIS  SUBPARAGRAPH
 and  a  post office address, within or without this state, to which [the
 secretary of state] A PERSON shall mail a copy of the  process  in  such
 action or special proceeding SERVED UPON THE SECRETARY OF STATE.
 

S  54.  Paragraphs  (a)  and  (c) of section 907 of the not-for-profit
 corporation law are amended to read as follows:

 (a) [Where any constituent corporation or the consolidated corporation
 is, or would be if formed under this chapter, a  Type  B  or  a  Type  C
 corporation under section 201 (Purposes) of this chapter, no] NO certif
 icate  shall  be filed pursuant to section 904 (Certificate of merger or
 consolidation; contents) or section  906  (Merger  or  consolidation  of
 domestic  and foreign corporations) until an order approving the plan of
 merger or consolidation and authorizing the filing  of  the  certificate
 has  been  made  by  the  supreme  court, as provided in this section. A
 certified copy of such order shall be  annexed  to  the  certificate  of
 merger  or  consolidation.  Application for the order may be made in the
 judicial district in which the principal  office  of  the  surviving  or
 consolidated corporation is to be located, or in which the office of one
 of  the  domestic  constituent  corporations is located. The application
 shall be made by all the constituent corporations jointly and shall  set
 forth  by  affidavit  (1)  the  plan of merger or consolidation, (2) the
 
       S. 6258--A                         72                         A. 9058--A
 approval required by section 903 (Approval of plan) or paragraph (b)  of
 section  906  (Merger  or  consolidation  of domestic and foreign corpo
 rations) for each constituent corporation, (3) the objects and  purposes
 of  each  such  corporation  to  be promoted by the consolidation, (4) a
 statement of all property, and the manner in which it is  held,  and  of
 all  liabilities  and  of the amount and sources of the annual income of
 each such corporation, (5) whether any votes  against  adoption  of  the
 resolution  approving  the  plan of merger or consolidation were cast at
 the meeting at which the  resolution  as  adopted  by  each  constituent
 corporation,  and (6) facts showing that the consolidation is authorized
 by the laws of the jurisdictions under which  each  of  the  constituent
 corporations is incorporated.
 (c)  If  the  court  shall  find  that any of the assets of any of the
 constituent corporations are held for [a] ANY purpose specified [as Type
 B] in paragraph (b) of section 201 or are legally required  to  be  used
 for  a  particular  purpose,  but not upon a condition requiring return,
 transfer or conveyance by reason of the  merger  or  consolidation,  the
 court  may, in its discretion, direct that such assets be transferred or
 conveyed to the surviving or consolidated corporation  subject  to  such
 purpose  or  use,  or that such assets be transferred or conveyed to the
 surviving or consolidated corporation or to one or more  other  domestic
 or  foreign corporations or organizations engaged in substantially simi
 lar activities, upon an express  trust  the  terms  of  which  shall  be
 approved by the court.
 

S 55. Paragraph (a), clause (F) of subparagraph 2 of paragraph (d) and
 paragraph  (f)  of section 908 of the not-for-profit corporation law are
 amended to read as follows:

 (a) One or more domestic or foreign corporations [which is,  or  would
 be  if  formed  under this chapter, a type A or type C corporation under
 section 201 (Purposes)] may be merged or consolidated into a domestic or
 foreign corporation which is, or would be if formed under  the  laws  of
 this  state,  a corporation formed under the business corporation law of
 this state if such merger or consolidation is not contrary to the law of
 the state of incorporation of any constituent corporation. With  respect
 to  such  merger  or  consolidation,  any  reference in paragraph (b) of
 section 901 [of this article] (POWER  OF  MERGER  OR  CONSOLIDATION)  or
 paragraph (b) of section 901 of the business corporation law to a corpo
 ration shall, unless the context otherwise requires, include both domes
 tic and foreign corporations.
 (F)  A  designation of the secretary of state as his OR HER agent upon
 whom process against it may be served in the manner set forth  in  para
 graph  (b) of section 306 (Service of process), in any action or special
 proceeding described in [subparagraph] CLAUSE (D) OF  THIS  SUBPARAGRAPH
 and  a  post  office address, within or without the state, to which [the
 secretary of state] A PERSON shall mail a copy of the  process  in  such
 action or special proceeding SERVED UPON THE SECRETARY OF STATE.
 (f) [Where any constituent corporation is, or would be if formed under
 this  chapter, a Type C corporation under section 201 (Purposes), no] NO
 certificate shall be filed pursuant  to  this  section  until  an  order
 approving the plan of merger or consolidation and authorizing the filing
 of  the  certificate  has been made by the supreme court, as provided in
 section 907 (Approval by the supreme court).
 

S 56. Paragraphs (b) and (c) and subparagraph 3 of  paragraph  (d)  of
 section  1001 of the not-for-profit corporation law, as amended by chap
 ter 434 of the laws of 2006, are amended to read as follows:

 
       S. 6258--A                         73                         A. 9058--A
 (b) If the corporation [is a Type B, C or D corporation  and]  has  no
 assets  to distribute and no liabilities at the time of dissolution, the
 plan of dissolution shall include a statement to that effect.
 (c)  If  the  corporation [is a Type B, C or D corporation and] has no
 assets to distribute, other than a reserve  not  to  exceed  twenty-five
 thousand  dollars  for  the  purpose  of  paying  ordinary and necessary
 expenses of winding up its affairs  including  attorney  and  accountant
 fees,  and liabilities not in excess of ten thousand dollars at the time
 of adoption of the plan of dissolution, the plan  of  dissolution  shall
 include a statement to that effect.
 (3)  if there are assets received and held by the corporation [either]
 for a purpose specified [as Type B] in  paragraph  (b)  of  section  201
 (Purposes)  or  which  are  legally required to be used for a particular
 purpose, a statement that the assets owned by the  corporation,  subject
 to  any  unpaid  liabilities of the corporation, shall be distributed as
 required by any gift instrument  or  to  a  charitable  organization  or
 organizations  exempt  from  taxation pursuant to federal and state laws
 and  engaged  in  activities  substantially  similar  to  those  of  the
 dissolved  corporation.  Each such recipient organization shall be iden
 tified and the governing instrument and amendments thereto  of  each  of
 the proposed recipient organizations shall be annexed to such statement,
 along  with the financial reports of each recipient organization for the
 last three years and a sworn affidavit from a director  and  officer  of
 each  recipient  organization  stating the purposes of the organization,
 and that it is currently exempt from federal income taxation.
 

S 57.

Section 1002 of the not-for-profit corporation law,  as  amended
 by chapter 434 of the laws of 2006, is amended to read as follows:

 

S 1002. Authorization of plan.
 (a)  Upon  adopting  a plan of dissolution and distribution of assets,
 the board shall submit it to a vote of the members,  if  any,  and  such
 plan  shall  be  approved  at a meeting of members by two-thirds vote as
 provided in paragraph (c) of section 613 (Vote  of  members);  provided,
 however,  that  if  the  corporation  [is a Type B, C or D corporation],
 other than a corporation incorporated pursuant  to  article  15  (Public
 cemetery  corporations), [and] has no assets to distribute, other than a
 reserve not to exceed twenty-five thousand dollars for  the  purpose  of
 paying ordinary and necessary expenses of winding up its affairs includ
 ing  attorney  and accountant fees, and liabilities not in excess of ten
 thousand dollars at the time of adoption of the plan of dissolution, the
 vote required by the corporation's board of directors  for  adoption  of
 the  plan  of  dissolution of such a corporation or by the corporation's
 members for the authorization thereof shall be:

 (1) In the case of a vote by the board of directors: (i) the number of
 directors required under the certificate of incorporation, by-laws, this
 chapter and any other applicable law; or
 (ii) if the number of directors actually holding office as such at the
 time of the vote to adopt the plan is less than the number  required  to
 constitute a quorum of directors under the certificate of incorporation,
 the  by-laws,  this  chapter  or any other applicable law, the remaining
 directors unanimously;
 (2) In the case of a vote by the members, (i) the  number  of  members
 required  under  the certificate of incorporation, by-laws, this chapter
 and any other applicable law; or (ii) by the vote of members  authorized
 by  an order of the supreme court pursuant to section 608 [of this chap-
 ter] (QUORUM AT  MEETING  OF  MEMBERS)  permitting  the  corporation  to
 dispense with the applicable quorum requirement.
 
       S. 6258--A                         74                         A. 9058--A
 Notice of a special or regular meeting of the board of directors or of
 the  members  entitled to vote on adoption and authorization or approval
 of the plan of dissolution shall  be  sent  to  all  the  directors  and
 members  of  record entitled to vote. Unless otherwise directed by order
 of  the  supreme court pursuant to section 608 [of this chapter] (QUORUM
 AT MEETING OF MEMBERS), the notice shall  be  sent  by  certified  mail,
 return  receipt  requested,  to the last known address of record of each
 director and member not fewer than thirty, and not more than sixty  days
 before  the  date  of  each  meeting provided, however, that if the last
 known address of record of any director or  member  is  not  within  the
 United  States,  the  notice to such director shall be sent by any other
 reasonable means.
 (b) If there are no members entitled to vote on the dissolution of the
 corporation, the plan of dissolution and distribution of assets shall be
 deemed authorized upon its adoption by the board.
 (c) Whenever a statute creating, or authorizing the  formation  of,  a
 corporation  requires approval by a governmental body or officer for the
 formation of such corporation, dissolution shall not be authorized with
 out the approval of such body or officer.
 (d) The plan of dissolution and  distribution  of  assets  shall  have
 annexed  thereto  the  approval of a justice of the supreme court in the
 judicial district in which the office of the corporation is located  [in
 the  case  of a Type B, C or D corporation, and in the case of any other
 corporation which holds  assets  at  the  time  of  dissolution  legally
 required  to  be  used  for  a  particular purpose,] except that no such
 approval shall be required with respect to the plan of dissolution of  a
 corporation,  other  than a corporation incorporated pursuant to article
 15 (Public cemetery corporations), which has no assets to distribute  at
 the  time of dissolution, other than a reserve not to exceed twenty-five
 thousand dollars for  the  purpose  of  paying  ordinary  and  necessary
 expenses  of  winding  up  its affairs including attorney and accountant
 fees, and liabilities not in excess of ten thousand dollars,  and  which
 has  complied with the requirements of section 1001 (Plan of dissolution
 and distribution of assets) and this section applicable to such a corpo
 ration. Application to the supreme court for an order for such  approval
 shall be by verified petition, with the plan of dissolution and distrib
 ution  of assets and certified copies of the consents prescribed by this
 section annexed thereto, and upon ten days written notice to the  attor
 ney  general  accompanied by copies of such petition, plan and consents.
 In such case where approval of a justice of the  supreme  court  is  not
 required  [for a Type B, C or D corporation,] a copy of such plan certi
 fied under penalties of perjury shall be filed with the attorney general
 within ten days after its authorization.
 

S 58. Subparagraph 1 of paragraph (c) of section 1002-a  of  the  not
 for-profit  corporation  law,  as  amended by chapter 434 of the laws of
 2006, is amended to read as follows:

 (1) assets received and held by the corporation [either for a  purpose
 specified  as Type B in paragraph (b) of section 201 (Purposes) or which
 are legally required to be used for  a  particular  purpose,]  shall  be
 distributed  to  one  or  more domestic or foreign corporations or other
 organizations engaged in activities substantially similar  to  those  of
 the  dissolved  corporation  pursuant  to  the  plan  of dissolution and
 distribution or, if applicable, as ordered by the court  to  which  such
 plan  is  submitted  for  approval  under section 1002 (Authorization of
 plan). Any disposition of assets contained in a will  or  other  instru
 ment, in trust or otherwise, made before or after the dissolution, to or
 
       S. 6258--A                         75                         A. 9058--A
 for  the  benefit  of any corporation so dissolved shall inure to or for
 the benefit of the corporation or organization acquiring such assets  of
 the  dissolved corporation as provided in this section, and so far as is
 necessary  for  that  purpose  the corporation or organization acquiring
 such disposition shall be deemed a successor  to  the  dissolved  corpo
 ration  with respect to such assets; provided, however, that such dispo
 sition shall be devoted by the acquiring corporation or organization  to
 the purposes intended by the testator, donor or grantor.
 

S  59. Subparagraph 4 of paragraph (a) of section 1003 of the not-for
 profit corporation law is REPEALED.
 

S 60. Subparagraph 2 of paragraph (b) of section 1003 of the  not-for
 profit  corporation  law, as amended by chapter 434 of the laws of 2006,
 is amended to read as follows:

 (2) By the attorney general [in the case of a Type B, C  or  D  corpo-
 ration,  or  any  other  corporation  that  holds  assets at the time of
 dissolution legally required to be used for a particular purpose].
 

S 61. Subparagraph 15 of paragraph (a) of section 1008 of the not-for
 profit corporation law, as amended by chapter 434 of the laws  of  2006,
 is amended to read as follows:

 (15) Where assets were received and held by the corporation either for
 a  purpose  specified  [as  Type  B]  in  paragraph  (b)  of section 201
 (Purposes), or were  legally  required  to  be  used  for  a  particular
 purpose,  the  distribution  of  such  assets to one or more domestic or
 foreign  corporations  or  other  organizations  engaged  in  activities
 substantially  similar  to those of the dissolved corporation, on notice
 to the attorney general and to such other persons, and in  such  manner,
 as the court may deem proper.
 

S  62.  Subparagraph  6  of paragraph (a) and paragraph (h) of section
 1012 of the not-for-profit corporation law are REPEALED.
 

S 63.

Section 1302 of the not-for-profit corporation law,  as  amended
 by chapter 847 of the laws of 1970, is amended to read as follows:

 

S 1302. Application to existing authorized foreign corporations.
 Every  foreign corporation which on the effective date of this chapter
 is authorized to conduct activities in this state under a certificate of
 authority heretofore issued to  it  by  the  secretary  of  state  shall
 continue to have such authority.  Such foreign corporation, its members,
 directors,  and  officers  shall  have  the same rights, franchises, and
 privileges and shall be subject to the same  limitations,  restrictions,
 liabilities,  and  penalties  as  a foreign corporation authorized under
 this chapter, its members,  directors,  and  officers  respectively.  [A
 foreign corporation may by amendment to its certificate of authority set
 forth the type of corporation it is under section 201 (Purposes); and in
 the absence of such amendment an authorized foreign corporation shall be
 a  Type  B corporation.] Reference in this chapter to an application for
 authority shall, unless the  context  otherwise  requires,  include  the
 statement and designation and any amendment thereof required to be filed
 by  the  secretary of state under prior statutes to obtain a certificate
 of authority.
 

S 64. Intentionally omitted.
 

S 65. Subparagraphs 4 and 6 of paragraph (a) of section  1304  of  the
 not-for-profit corporation law, subparagraph 4 as amended by chapter 847
 of  the laws of 1970 and such subparagraphs as renumbered by chapter 590
 of the laws of 1982, are amended to read as follows:

 (4) That the corporation  is  a  foreign  corporation  as  defined  in
 subparagraph  [(a)]  (7)  OF PARAGRAPH (A) of section 102 (Definitions);
 [the type of corporation it shall be under section  201  (Purposes);]  a
 
       S. 6258--A                         76                         A. 9058--A
 statement  of its purposes to be pursued in this state and of the activ
 ities which it proposes to conduct in this state; a statement that it is
 authorized to conduct those activities in the jurisdiction of its incor
 poration; and in the case of a [Type C] corporation THAT WILL PURSUE ANY
 LAWFUL  BUSINESS PURPOSE OR PURPOSES IN THIS STATE, the lawful public or
 quasi-public objective which each business purpose will achieve.
 (6) A designation of the secretary of state as  its  agent  upon  whom
 process  against it may be served and the post office address, within or
 without this state, to which [the secretary of  state]  A  PERSON  shall
 mail a copy of any process against it served upon [him] THE SECRETARY OF
 STATE.
 

S  66. Subparagraph 7 of paragraph (a) of section 1308 of the not-for
 profit corporation law, as renumbered by chapter  186  of  the  laws  of
 1983, is amended to read as follows:

 (7)  To specify or change the post office address to which [the secre-
 tary of state] A PERSON shall mail a copy  of  any  process  against  it
 served upon [him] THE SECRETARY OF STATE.
 

S  67.  Subparagraph  2  of paragraph (a) and paragraph (c) of section
 1310 of the not-for-profit corporation law, paragraph (c) as amended  by
 chapter 172 of the laws of 1999, are amended to read as follows:

 (2)  To specify or change the post office address to which [the secre-
 tary of state] A PERSON shall mail a copy  of  any  process  against  it
 served upon [him] THE SECRETARY OF STATE.
 (c) A certificate of change of application for authority which changes
 only  the post office address to which [the secretary of state] A PERSON
 shall mail a copy of any process against an  authorized  foreign  corpo
 ration  served  upon  [him]  THE SECRETARY OF STATE or which changes the
 address of its registered agent, provided such address is the address of
 a person, partnership, LIMITED LIABILITY COMPANY  or  other  corporation
 whose  address,  as  agent, is the address to be changed or who has been
 designated as registered agent for such authorized foreign  corporation,
 may  be  signed  and delivered to the department of state by such agent.
 The certificate of change of application for authority shall  set  forth
 the  statements  required  under  subparagraphs (1), (2), (3) and (4) of
 paragraph (b) of this section; that a notice of the proposed change  was
 mailed  by  the  party signing the certificate to the authorized foreign
 corporation not less than thirty days prior to the date of  delivery  to
 the  department  and that such corporation has not objected thereto; and
 that the party signing the certificate is  the  agent  of  such  foreign
 corporation  to  whose  address  [the  secretary  of  state] A PERSON is
 required to mail copies of process SERVED ON THE SECRETARY OF  STATE  or
 the  registered  agent,  if  such  be the case. A certificate signed and
 delivered under this paragraph shall not be deemed to effect a change of
 location of the office of the corporation in whose behalf  such  certif
 icate is filed.
 

S  68. Subparagraph 6 of paragraph (a) and subparagraph 4 of paragraph
 (d) of section 1311 of the not-for-profit corporation law are amended to
 read as follows:

 (6) A post office address, within or without this state, to which [the
 secretary of state] A PERSON shall mail a copy of any process against it
 served upon [him] THE SECRETARY OF STATE.
 (4) The changed post office address, within or without this state,  to
 which [the secretary of state] A PERSON shall mail a copy of any process
 against it served upon [him] THE SECRETARY OF STATE.
 

S  69. 

Section 1312 of the not-for-profit corporation law, as amended
 by chapter 375 of the laws of 1998, is amended to read as follows:

 
       S. 6258--A                         77                         A. 9058--A
 

S 1312. Termination of existence.
 When  an  authorized foreign corporation is dissolved or its authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its incorporation or when such foreign corporation  is  merged  into  or
 consolidated  with  another  foreign  corporation,  a certificate of the
 secretary of state, or official performing the equivalent function as to
 corporate records, of the jurisdiction of incorporation of such  foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution  of  such foreign corporation, the termination of its exist
 ence or the cancellation of its authority  shall  be  delivered  to  the
 department  of  state.    The filing of the certificate, order or decree
 shall have the same effect as the filing of a certificate  of  surrender
 of authority under section 1311 (Surrender of authority).  The secretary
 of  state  shall  continue as agent of the foreign corporation upon whom
 process against it may be served in the manner set  forth  in  paragraph
 (b)  of  section  306  (Service  of  process),  in any action or special
 proceeding based upon  any  liability  or  obligation  incurred  by  the
 foreign  corporation  within  this  state  prior  to  the filing of such
 certificate, order or decree and [he] THE PERSON  SERVING  SUCH  PROCESS
 shall  promptly cause a copy of any such process to be mailed by [regis-
 tered] CERTIFIED mail, return receipt requested, to such foreign  corpo
 ration  at  the  post  office address on file in [his] THE office OF THE
 SECRETARY OF STATE specified for such purpose.  The post office  address
 may  be  changed  by signing and delivering to the department of state a
 certificate of  change  setting  forth  the  statements  required  under
 section 1310 (Certificate of change, contents) to effect a change in the
 post  office  address  under  subparagraph [(a)] (4) OF PARAGRAPH (A) of
 section 1308 (Amendments or changes).
 

S 70. Subparagraphs 1, 2 and 3 of paragraph (a) of section 1321 of the
 not-for-profit corporation law, as amended by chapter 847 of the laws of
 1970, are amended to read as follows:

 [(1)] The [corporation is a Type A  corporation  under  this  chapter;
 its]  CORPORATION'S  principal  activities  are  conducted  outside this
 state; [the greater part of its property is located outside this state;]
 and (1) less than one third of its members are residents of this  state;
 or
 (2)  [The  corporation is a Type B corporation under this chapter; its
 principal activities are conducted outside this state; the greater  part
 of  its  property  is located outside this state; and] less than ten per
 cent of its annual revenues is derived from solicitation of funds within
 this state; or
 (3) [The corporation is a Type C corporation under this  chapter;  its
 principal  activities are conducted outside this state; the greater part
 of its property is located outside this state; and] less than  one  half
 of  its  revenues  for the preceding three fiscal years, or such portion
 thereof as the foreign corporation was in existence,  was  derived  from
 sources within this state.
 

S  71. Paragraph (d) of section 1401 of the not-for-profit corporation
 law is REPEALED.
 

S 72. Paragraph (b) of section 1402 of the not-for-profit  corporation
 law is REPEALED.
 

S  73. Paragraph (c) of section 1403 of the not-for-profit corporation
 law is REPEALED.
 

S 74. Paragraph (b) of section 1404 of the not-for-profit  corporation
 law is REPEALED.
 
       S. 6258--A                         78                         A. 9058--A
 

S  75. Paragraph (b) of section 1405 of the not-for-profit corporation
 law is REPEALED.
 

S  76. Paragraph (b) of section 1406 of the not-for-profit corporation
 law is REPEALED.
 

S 77. Paragraph (b) of section 1407 of the not-for-profit  corporation
 law is REPEALED.
 

S  78. Paragraph (b) of section 1408 of the not-for-profit corporation
 law is REPEALED.
 

S 79. Paragraph (b) of section 1409 of the not-for-profit  corporation
 law is REPEALED.
 

S 80.  Paragraph (b) of section 1410 of the not-for-profit corporation
 law is REPEALED.
 

S  81. Paragraph (b) of section 1411 of the not-for-profit corporation
 law is REPEALED.
 

S 82. Paragraph (d) of section 1412 of the not-for-profit  corporation
 law is REPEALED.
 

S  83. Paragraph (c) of section 1505 of the not-for-profit corporation
 law is REPEALED.
 

S 84. Subdivision  (c) of section 121-104 of the partnership  law,  as
 added by chapter 950 of the laws of 1990, is amended to read as follows:

 (c)    ANY  DESIGNATED  POST  OFFICE ADDRESS TO WHICH THE SECRETARY OF
 STATE SHALL MAIL A COPY OF ANY PROCESS  SERVED  UPON  THE  SECRETARY  OF
 STATE  AS  AGENT  OF  A  DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED
 PARTNERSHIP SHALL BE DEEMED TO BE THE POST  OFFICE  ADDRESS,  WITHIN  OR
 WITHOUT  THIS  STATE,  TO  WHICH  A  PERSON SHALL MAIL A COPY OF PROCESS
 SERVED AGAINST THE LIMITED PARTNERSHIP AS REQUIRED BY THIS ARTICLE.  Any
 designated  post  office  address  to  which the secretary of state OR A
 PERSON shall mail a copy of process served upon [him] THE  SECRETARY  OF
 STATE  as  agent  of  a  domestic limited partnership or foreign limited
 partnership shall continue until the filing of a certificate under  this
 article directing the mailing to a different post office address.
 

S 85. Paragraphs 1, 2 and 3 of subdivision (a) of section 121-104-A of
 the  partnership  law,  as added by chapter 448 of the laws of 1998, are
 amended to read as follows:

 (1) the name of the limited partnership and the date that  its  [arti-
 cles  of organization] CERTIFICATE OF LIMITED PARTNERSHIP or application
 for authority was filed by the department of state.
 (2) that the address of the party has been designated by  the  limited
 partnership as the post office address to which [the secretary of state]
 A  PERSON  shall  mail  a copy of any process served on the secretary of
 state as agent for such limited partnership, and that such party  wishes
 to resign.
 (3) that sixty days prior to the filing of the certificate of resigna
 tion  FOR  RECEIPT OF PROCESS with the department of state the party has
 sent a copy of the certificate of resignation for receipt of process  by
 registered  or  certified mail to the address of the registered agent of
 the [designated] DESIGNATING limited  partnership,  if  other  than  the
 party  filing  the certificate of resignation[,] for receipt of process,
 or if the [resigning] DESIGNATING limited partnership has no  registered
 agent,  then to the last address of the [designated] DESIGNATING limited
 partnership, known to the party, specifying the  address  to  which  the
 copy  was  sent. If there is no registered agent and no known address of
 the designating limited partnership the party shall attach an  affidavit
 to  the  certificate stating that a diligent but unsuccessful search was
 made by the party to locate the  limited  partnership,  specifying  what
 efforts were made.
 
       S. 6258--A                         79                         A. 9058--A
 

S  86.  Subdivision  (a)  of section 121-109 of the partnership law is
 REPEALED and a new subdivision (a) is added to read as follows:

 (A)  (1)  SERVICE OF SUCH PROCESS UPON THE SECRETARY OF STATE AS AGENT
 OF A DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP, OR OTHER  BUSI
 NESS  ENTITY  THAT  HAS  DESIGNATED  THE SECRETARY OF STATE AS AGENT FOR
 SERVICE OF PROCESS PURSUANT TO THIS CHAPTER, SHALL BE MADE BY PERSONALLY
 DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE OR  A  DEPUTY,  OR
 WITH  A  PERSON  AUTHORIZED  BY  THE  SECRETARY OF STATE TO RECEIVE SUCH
 SERVICE, AT THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF ALBANY,
 A COPY OF SUCH PROCESS TOGETHER WITH THE STATUTORY FEE, WHICH FEE  SHALL
 BE A TAXABLE DISBURSEMENT. SUCH SERVICE SHALL BE SUFFICIENT IF NOTICE OF
 SUCH SERVICE ON THE SECRETARY OF STATE AND A COPY OF THE PROCESS ARE:

 (I) DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH LIMITED
 PARTNERSHIP BY A PERSON AND IN THE MANNER AUTHORIZED TO SERVE PROCESS BY
 LAW OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
 (II) SENT BY OR ON BEHALF OF THE PLAINTIFF TO SUCH LIMITED PARTNERSHIP
 BY  CERTIFIED  MAIL  WITH  RETURN  RECEIPT REQUESTED, AT THE POST OFFICE
 ADDRESS SPECIFIED FOR THE PURPOSE OF MAILING PROCESS,  ON  FILE  IN  THE
 DEPARTMENT OF STATE.
 (2)  WHERE  SERVICE  OF  A  COPY  OF  PROCESS WAS EFFECTED BY PERSONAL
 SERVICE, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH  THIS
 SECTION  FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER SUCH
 SERVICE, WITH THE CLERK OF THE COURT IN  WHICH  THE  ACTION  OR  SPECIAL
 PROCEEDING  IS  PENDING.  SERVICE  OF PROCESS SHALL BE COMPLETE TEN DAYS
 AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
 (3) WHERE SERVICE OF A COPY OF PROCESS  WAS  EFFECTED  BY  MAILING  IN
 ACCORDANCE  WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF
 COMPLIANCE WITH THIS SECTION FILED, TOGETHER WITH  THE  PROCESS,  WITHIN
 THIRTY  DAYS  AFTER  RECEIPT OF THE RETURN RECEIPT SIGNED BY THE LIMITED
 PARTNERSHIP, OR OTHER OFFICIAL PROOF OF  DELIVERY  OR  OF  THE  ORIGINAL
 ENVELOPE  MAILED.  IF A COPY OF THE PROCESS IS MAILED IN ACCORDANCE WITH
 THIS SECTION, THERE SHALL BE FILED  WITH  THE  AFFIDAVIT  OF  COMPLIANCE
 EITHER  THE  RETURN  RECEIPT SIGNED BY SUCH LIMITED PARTNERSHIP OR OTHER
 OFFICIAL PROOF OF DELIVERY OR, IF ACCEPTANCE  WAS  REFUSED  BY  IT,  THE
 ORIGINAL ENVELOPE WITH A NOTATION BY THE POSTAL AUTHORITIES THAT ACCEPT
 ANCE  WAS  REFUSED.  IF ACCEPTANCE WAS REFUSED, A COPY OF THE NOTICE AND
 PROCESS TOGETHER WITH NOTICE  OF  THE  MAILING  BY  CERTIFIED  MAIL  AND
 REFUSAL  TO ACCEPT SHALL BE PROMPTLY SENT TO SUCH LIMITED PARTNERSHIP AT
 THE SAME ADDRESS BY ORDINARY MAIL AND THE AFFIDAVIT OF COMPLIANCE  SHALL
 SO  STATE.  SERVICE  OF  PROCESS  SHALL  BE COMPLETE TEN DAYS AFTER SUCH
 PAPERS ARE FILED WITH THE CLERK OF THE  COURT.  THE  REFUSAL  TO  ACCEPT
 DELIVERY  OF  THE CERTIFIED MAIL OR TO SIGN THE RETURN RECEIPT SHALL NOT
 AFFECT THE VALIDITY OF THE SERVICE AND SUCH LIMITED PARTNERSHIP REFUSING
 TO ACCEPT SUCH CERTIFIED MAIL SHALL BE CHARGED  WITH  KNOWLEDGE  OF  THE
 CONTENTS THEREOF.
 

S  87.  Paragraph 3 of subdivision (a) of section 121-201 of the part
 nership law, as amended by chapter 264 of the laws of 1991,  is  amended
 to read as follows:

 (3)  a  designation  of the secretary of state as agent of the limited
 partnership upon whom process against it may  be  served  and  the  post
 office address, within or without this state, to which [the secretary of
 state]  A PERSON shall mail a copy of any process against it served upon
 [him] THE SECRETARY OF STATE;
 

S 88. Paragraph 4 of subdivision (b) of section 121-202 of  the  part
 nership  law,  as amended by chapter 576 of the laws of 1994, is amended
 to read as follows:

 
       S. 6258--A                         80                         A. 9058--A
 (4) a change in the name of the limited partnership, or  a  change  in
 the post office address to which [the secretary of state] A PERSON shall
 mail  a  copy  of  any process against the limited partnership served on
 [him] THE SECRETARY OF STATE, or a change in the name or address of  the
 registered  agent, if such change is made other than pursuant to section
 121-104 or 121-105 of this article.
 

S 89.

Section 121-202-A of the partnership law, as  added  by  chapter
 448  of  the  laws of 1998, paragraph 2 of subdivision (a) as amended by
 chapter 172 of the laws of 1999, is amended to read as follows:

 

S 121-202-A. Certificate of change. (a) A certificate of limited part
 nership may be changed by filing with the department of state a  certif
 icate of change entitled "Certificate of Change of ..... (name of limit
 ed   partnership)   under 

Section  121-202-A  of  the  Revised  Limited
 Partnership Act" and shall be signed and delivered to the department  of
 state. A certificate of change may (i) specify or change the location of
 the limited partnership's office; (ii) specify or change the post office
 address  to which [the secretary of state] A PERSON shall mail a copy of
 process against the limited partnership served upon [him] THE  SECRETARY
 OF  STATE;  and (iii) make, revoke or change the designation of a regis
 tered agent, or to specify or  change  the  address  of  its  registered
 agent. It shall set forth:

 (1)  the  name of the limited partnership, and if it has been changed,
 the name under which it was formed;
 (2) the date its certificate of limited partnership was filed  by  the
 department of state; and
 (3) each change effected thereby.
 (b) A certificate of change which changes only the post office address
 to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
 process against a limited partnership served upon [him] THE SECRETARY OF
 STATE or the address of the  registered  agent,  provided  such  address
 being changed is the address of a person, partnership, LIMITED LIABILITY
 COMPANY  or  corporation  whose  address, as agent, is the address to be
 changed or who has been designated as registered agent for such  limited
 partnership  shall be signed and delivered to the department of state by
 such agent. The certificate of change shall  set  forth  the  statements
 required  under  subdivision  (a)  of this section; that a notice of the
 proposed change was mailed to the domestic limited  partnership  by  the
 party  signing  the  certificate  not less than thirty days prior to the
 date of delivery to the department  of  state  and  that  such  domestic
 limited partnership has not objected thereto; and that the party signing
 the  certificate  is  the  agent  of  such  limited partnership to whose
 address [the secretary of state] A PERSON is required to mail [copies] A
 COPY of process SERVED ON THE  SECRETARY  OF  STATE  or  the  registered
 agent,  if  such  be  the case. A certificate signed and delivered under
 this subdivision shall not be deemed to effect a change of  location  of
 the  office  of the limited partnership in whose behalf such certificate
 is filed.
 

S 90. Paragraph 4 of subdivision (a) of section 121-902 of  the  part
 nership  law,  as amended by chapter 172 of the laws of 1999, is amended
 to read as follows:

 (4) a designation of the secretary of state as  its  agent  upon  whom
 process  against it may be served and the post office address, within or
 without this state, to which [the secretary of  state]  A  PERSON  shall
 mail a copy of any process against it served upon [him] THE SECRETARY OF
 STATE;
 
       S. 6258--A                         81                         A. 9058--A
 

S  91. 

Section  121-903-A of the partnership law, as added by chapter
 448 of the laws of 1998, is amended to read as follows:

 

S  121-903-A. Certificate of change. (a) A foreign limited partnership
 may change its application for authority by filing with  the  department
 of  state  a  certificate  of  change  entitled  "Certificate  of Change
 of ........ (name of limited partnership) under

Section 121-903-A of the
 Revised Limited Partnership Act" and shall be signed  and  delivered  to
 the  department  of  state.  A  certificate of change may (i) change the
 location of the limited  partnership's  office;  (ii)  change  the  post
 office  address  to which [the secretary of state] A PERSON shall mail a
 copy of process against the limited partnership served  upon  [him]  THE
 SECRETARY  OF STATE; and (iii) make, revoke or change the designation of
 a registered agent, or to specify or change the address  of  its  regis
 tered agent. It shall set forth:

 (1)  the  name  of the foreign limited partnership and, if applicable,
 the fictitious name the foreign limited partnership has agreed to use in
 this state pursuant to section 121-902 of this article;
 (2) the date its application for authority was filed by the department
 of state; and
 (3) each change effected thereby.
 (b) A certificate of change which changes only the post office address
 to which [the secretary of state] A PERSON shall  mail  a  copy  of  any
 process  against  a  foreign  limited  partnership served upon [him] THE
 SECRETARY OF STATE or the address of the registered agent, provided such
 address being changed is the address of a person,  partnership,  LIMITED
 LIABILITY COMPANY or corporation whose address, as agent, is the address
 to  be  changed  or who has been designated as registered agent for such
 foreign limited partnership shall be signed and delivered to the depart
 ment of state by such agent. The certificate of change shall  set  forth
 the  statements  required  under subdivision (a) of this section; that a
 notice of the proposed change was mailed to the foreign limited partner
 ship by the party signing the certificate  not  less  than  thirty  days
 prior  to  the date of delivery to the department of state and that such
 foreign limited partnership has not objected thereto; and that the party
 signing the certificate is the agent of such foreign limited partnership
 to whose address [the secretary of state] A PERSON is required  to  mail
 [copies]  A  COPY  of  process  SERVED  ON THE SECRETARY OF STATE or the
 registered agent, if such be the case. A certificate signed  and  deliv
 ered  under  this  subdivision shall not be deemed to effect a change of
 location of the office of the limited partnership in whose  behalf  such
 certificate is filed.
 

S  92.  Paragraph 6 of subdivision (b) of section 121-905 of the part
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:

 (6) a post office address, within or without this state, to which [the
 secretary of state] A PERSON shall mail a copy of any process against it
 served upon [him] THE SECRETARY OF STATE.
 

S  93. Paragraph 7 of subdivision (a) of section 121-1103 of the part
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:

 (7)  A  designation  of  the secretary of state as its agent upon whom
 process against it may be served in the  manner  set  forth  in  section
 121-109  of this article in any action or special proceeding, and a post
 office address, within or without this state, to which [the secretary of
 state] A PERSON shall mail a copy of any process served upon  [him]  THE
 
       S. 6258--A                         82                         A. 9058--A
 SECRETARY  OF STATE.  Such post office address shall supersede any prior
 address designated as the address to which process shall be mailed.
 

S  94.  Subparagraphs  2  and 4 of paragraph (I) of subdivision (a) of
 section 121-1500 of the partnership law,  subparagraph  2  as  added  by
 chapter 576 of the laws of 1994 and subparagraph 4 as amended by chapter
 643  of  the  laws of 1995 and such paragraph as redesignated by chapter
 767 of the laws of 2005, are amended to read as follows:

 (2) the address, WITHIN THIS STATE, of the  principal  office  of  the
 partnership without limited partners;
 (4)  a  designation of the secretary of state as agent of the partner
 ship without limited partners upon whom process against it may be served
 and the post office address, within or without this state, to which [the
 secretary of state] A PERSON shall mail a copy of any process against it
 [or] served [upon it] ON THE SECRETARY OF STATE;
 

S 95. Subdivision (j-1) of section 121-1500 of the partnership law, as
 added by chapter 448 of the laws of 1998, is amended to read as follows:

 (j-1) A certificate of change  which  changes  only  the  post  office
 address  to which [the secretary of state] A PERSON shall mail a copy of
 any process against a registered limited  liability  partnership  served
 upon  [him]  THE  SECRETARY  OF  STATE  or the address of the registered
 agent, provided such address being changed is the address of  a  person,
 partnership, LIMITED LIABILITY COMPANY, or corporation whose address, as
 agent, is the address to be changed or who has been designated as regis
 tered  agent  for such registered limited liability partnership shall be
 signed and delivered to the department  of  state  by  such  agent.  The
 certificate  of  change  shall set forth: (i) the name of the registered
 limited liability partnership and, if it  has  been  changed,  the  name
 under  which  it was originally filed with the department of state; (ii)
 the date of filing of its  initial  registration  or  notice  statement;
 (iii)  each  change effected thereby; (iv) that a notice of the proposed
 change was mailed to the limited  liability  partnership  by  the  party
 signing  the  certificate not less than thirty days prior to the date of
 delivery to the department of state  and  that  such  limited  liability
 partnership has not objected thereto; and (v) that the party signing the
 certificate  is the agent of such limited liability partnership to whose
 address [the secretary of state] A PERSON is required to mail [copies] A
 COPY of process SERVED ON THE  SECRETARY  OF  STATE  or  the  registered
 agent,  if  such  be  the case. A certificate signed and delivered under
 this subdivision shall not be deemed to effect a change of  location  of
 the  office  of  the  limited liability partnership in whose behalf such
 certificate is filed. The certificate of change shall be accompanied  by
 a fee of five dollars.
 

S  96.  Subdivision (a) of section 121-1502 of the partnership law, as
 amended by chapter 643 of the laws of 1995, paragraph (v) as amended  by
 chapter 470 of the laws of 1997, is amended to read as follows:

 (a)  In  order for a foreign limited liability partnership to carry on
 or conduct or transact business or activities as a New  York  registered
 foreign limited liability partnership in this state, such foreign limit
 ed  liability  partnership  shall  file  with  the department of state a
 notice which shall set forth: (i)  the  name  under  which  the  foreign
 limited liability partnership intends to carry on or conduct or transact
 business  or  activities  in  this state; (ii) the date on which and the
 jurisdiction in which it registered as a limited liability  partnership;
 (iii)  the  address,  WITHIN  THIS STATE, of the principal office of the
 foreign  limited  liability  partnership;   (iv)   the   profession   or
 professions  to  be practiced by such foreign limited liability partner
 
       S. 6258--A                         83                         A. 9058--A
 ship and a statement that it is a foreign limited liability  partnership
 eligible  to  file a notice under this chapter; (v) a designation of the
 secretary of state as agent of the foreign limited liability partnership
 upon  whom process against it may be served and the post office address,
 within or without this state, to which [the secretary of state] A PERSON
 shall mail a copy of any process against it [or] served  upon  [it]  THE
 SECRETARY OF STATE; (vi) if the foreign limited liability partnership is
 to  have  a  registered  agent, its name and address in this state and a
 statement that the registered agent is to be the agent  of  the  foreign
 limited  liability  partnership  upon  whom  process  against  it may be
 served; (vii) a statement that its registration as a  limited  liability
 partnership is effective in the jurisdiction in which it registered as a
 limited  liability partnership at the time of the filing of such notice;
 (viii) a statement that the foreign  limited  liability  partnership  is
 filing  a  notice  in  order  to  obtain status as a New York registered
 foreign limited liability partnership; (ix) if the registration  of  the
 foreign limited liability partnership is to be effective on a date later
 than  the  time  of  filing, the date, not to exceed sixty days from the
 date of filing, of  such  proposed  effectiveness;  and  (x)  any  other
 matters  the foreign limited liability partnership determines to include
 in the notice. Such notice shall be accompanied by either (1) a copy  of
 the  last  registration  or renewal registration (or similar filing), if
 any, filed by the foreign limited liability partnership with the  juris
 diction  where it registered as a limited liability partnership or (2) a
 certificate, issued by the jurisdiction where it registered as a limited
 liability partnership, substantially to the  effect  that  such  foreign
 limited  liability  partnership  has  filed  a registration as a limited
 liability partnership which is effective on the date of the  certificate
 (if  such  registration,  renewal  registration  or  certificate is in a
 foreign language, a translation thereof under  oath  of  the  translator
 shall  be  attached thereto). Such notice shall also be accompanied by a
 fee of two hundred fifty dollars.
 

S 97. Subdivision (i-1) of section 121-1502 of the partnership law, as
 added by   chapter 448 of the laws  of  1998,  is  amended  to  read  as
 follows:

 (i-1)  A  certificate  of  change  which  changes only the post office
 address to which the secretary of state shall mail a copy of any process
 against a New York  registered  foreign  limited  liability  partnership
 served  upon  him  or the address of the registered agent, provided such
 address being changed is the address of a person,  partnership,  LIMITED
 LIABILITY COMPANY or corporation whose address, as agent, is the address
 to  be  changed  or  who has been designated as registered agent of such
 registered foreign limited liability partnership  shall  be  signed  and
 delivered  to  the department of state by such agent. The certificate of
 change shall set forth: (i) the name of the New York registered  foreign
 limited  liability  partnership;  (ii) the date of filing of its initial
 registration or notice statement; (iii) each  change  effected  thereby;
 (iv)  that  a  notice  of  the proposed change was mailed to the limited
 liability partnership by the party signing the certificate not less than
 thirty days prior to the date of delivery to the department of state and
 that such limited liability partnership has not  objected  thereto;  and
 (v)  that the party signing the certificate is the agent of such limited
 liability partnership to whose address [the secretary of state] A PERSON
 is required to mail [copies] A COPY of process SERVED ON  THE  SECRETARY
 OF  STATE  or  the  registered agent, if such be the case. A certificate
 signed and delivered under this  subdivision  shall  not  be  deemed  to
 
       S. 6258--A                         84                         A. 9058--A
 effect a change of location of the office of the limited liability part
 nership  in  whose  behalf such certificate is filed. The certificate of
 change shall be accompanied by a fee of five dollars.
 

S  98.  Subdivision  (a) of section 121-1505 of the partnership law is
 REPEALED and three new subdivisions (a), (d) and (e) are added  to  read
 as follows:

 (A)  (1)  SERVICE  OF  PROCESS ON THE SECRETARY OF STATE AS AGENT OF A
 REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP  UNDER  THIS  ARTICLE  SHALL  BE MADE BY
 PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF  STATE  OR  A
 DEPUTY, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE
 SUCH  SERVICE,  AT  THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF
 ALBANY, A COPY OF SUCH PROCESS TOGETHER WITH THE  STATUTORY  FEE,  WHICH
 FEE SHALL BE A TAXABLE DISBURSEMENT. SUCH SERVICE SHALL BE SUFFICIENT IF
 NOTICE OF SUCH SERVICE ON THE SECRETARY OF STATE AND A COPY OF THE PROC
 ESS ARE:

 (I)  DELIVERED PERSONALLY, WITHIN OR WITHOUT THE STATE, TO SUCH REGIS
 TERED LIMITED LIABILITY  PARTNERSHIP  OR  NEW  YORK  REGISTERED  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP BY A PERSON AND IN THE MANNER AUTHORIZED
 TO SERVE PROCESS BY LAW OF THE JURISDICTION IN WHICH SERVICE IS MADE, OR
 (II) SENT BY OR ON BEHALF OF THE PLAINTIFF TO SUCH REGISTERED  LIMITED
 LIABILITY  PARTNERSHIP  OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY
 PARTNERSHIP BY CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED, AT THE POST
 OFFICE ADDRESS SPECIFIED FOR THE PURPOSE OF MAILING PROCESS, ON FILE  IN
 THE DEPARTMENT OF STATE.
 (2)  WHERE  SERVICE  OF  A  COPY  OF  PROCESS WAS EFFECTED BY PERSONAL
 SERVICE, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH  THIS
 SECTION  FILED, TOGETHER WITH THE PROCESS, WITHIN THIRTY DAYS AFTER SUCH
 SERVICE, WITH THE CLERK OF THE COURT IN  WHICH  THE  ACTION  OR  SPECIAL
 PROCEEDING  IS  PENDING.  SERVICE  OF PROCESS SHALL BE COMPLETE TEN DAYS
 AFTER SUCH PAPERS ARE FILED WITH THE CLERK OF THE COURT.
 (3) WHERE SERVICE OF A COPY OF PROCESS  WAS  EFFECTED  BY  MAILING  IN
 ACCORDANCE  WITH THIS SECTION, PROOF OF SERVICE SHALL BE BY AFFIDAVIT OF
 COMPLIANCE WITH THIS SECTION FILED, TOGETHER WITH  THE  PROCESS,  WITHIN
 THIRTY DAYS AFTER RECEIPT OF THE RETURN RECEIPT SIGNED BY THE REGISTERED
 LIMITED  LIABILITY  PARTNERSHIP  OR  NEW YORK REGISTERED FOREIGN LIMITED
 LIABILITY PARTNERSHIP, OR OTHER OFFICIAL PROOF OF  DELIVERY  OR  OF  THE
 ORIGINAL  ENVELOPE MAILED. IF A COPY OF THE PROCESS IS MAILED IN ACCORD
 ANCE WITH THIS SECTION, THERE SHALL  BE  FILED  WITH  THE  AFFIDAVIT  OF
 COMPLIANCE  EITHER  THE RETURN RECEIPT SIGNED BY SUCH REGISTERED LIMITED
 LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN  LIMITED  LIABILITY
 PARTNERSHIP  OR  OTHER  OFFICIAL PROOF OF DELIVERY OR, IF ACCEPTANCE WAS
 REFUSED BY IT, THE ORIGINAL ENVELOPE  WITH  A  NOTATION  BY  THE  POSTAL
 AUTHORITIES  THAT  ACCEPTANCE  WAS REFUSED. IF ACCEPTANCE WAS REFUSED, A
 COPY OF THE NOTICE AND PROCESS TOGETHER WITH NOTICE OF  THE  MAILING  BY
 CERTIFIED  MAIL  AND  REFUSAL  TO  ACCEPT SHALL BE PROMPTLY SENT TO SUCH
 REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP AT THE SAME ADDRESS BY ORDINARY MAIL AND
 THE AFFIDAVIT OF COMPLIANCE SHALL SO STATE. SERVICE OF PROCESS SHALL  BE
 COMPLETE  TEN  DAYS  AFTER  SUCH  PAPERS ARE FILED WITH THE CLERK OF THE
 COURT. THE REFUSAL TO ACCEPT DELIVERY OF THE CERTIFIED MAIL OR  TO  SIGN
 THE RETURN RECEIPT SHALL NOT AFFECT THE VALIDITY OF THE SERVICE AND SUCH
 REGISTERED  LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN
 LIMITED LIABILITY PARTNERSHIP REFUSING TO  ACCEPT  SUCH  CERTIFIED  MAIL
 SHALL BE CHARGED WITH KNOWLEDGE OF THE CONTENTS THEREOF.
 
       S. 6258--A                         85                         A. 9058--A
 (D) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
 UPON  THE  SECRETARY  OF STATE UNDER THIS CHAPTER, INCLUDING THE DATE OF
 SUCH SERVICE. IT SHALL, UPON REQUEST  MADE  WITHIN  TEN  YEARS  OF  SUCH
 SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT
 OF  THE  PROCESS  BY  AN  AUTHORIZED  PERSON, THE DATE AND PLACE OF SUCH
 SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS  SERVED  UPON  THE
 SECRETARY  OF  STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE SECRE
 TARY OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE.
 (E) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL MAIL A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF  STATE  AS
 AGENT  OF  A REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGIS
 TERED FOREIGN LIMITED LIABILITY PARTNERSHIP SHALL BE DEEMED  TO  BE  THE
 POST  OFFICE  ADDRESS,  WITHIN  OR  WITHOUT THE STATE, TO WHICH A PERSON
 SHALL MAIL A COPY OF  PROCESS  SERVED  AGAINST  THE  REGISTERED  LIMITED
 LIABILITY  PARTNERSHIP  OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY
 PARTNERSHIP AS REQUIRED BY THIS  ARTICLE.  ANY  DESIGNATED  POST  OFFICE
 ADDRESS TO WHICH THE SECRETARY OF STATE OR A PERSON SHALL MAIL A COPY OF
 ANY  PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT OF A REGISTERED
 LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  REGISTERED  FOREIGN  LIMITED
 LIABILITY  PARTNERSHIP  SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE
 UNDER THIS CHAPTER DIRECTING THE MAILING  TO  A  DIFFERENT  POST  OFFICE
 ADDRESS.
 

S  99.  Subdivision (b) of section 121-1506 of the partnership law, as
 added by chapter 448 of the laws of 1998,  paragraph  4  as  amended  by
 chapter 172 of the laws of 1999, is amended to read as follows:

 (b)  The party (or the party's legal representative) whose post OFFICE
 address has been supplied by a  limited  liability  partnership  as  its
 address  for  process may resign. A certificate entitled "Certificate of
 Resignation for Receipt of Process  under 

Section  121-1506(b)  of  the
 Partnership  Law"  shall  be  signed  by such party and delivered to the
 department of state. It shall set forth:

 (1) The name of the limited liability partnership and  the  date  that
 its certificate of registration was filed by the department of state.
 (2)  That  the address of the party has been designated by the limited
 liability partnership as the post office address to which [the secretary
 of state] A PERSON shall mail a copy of any process served on the secre
 tary of state as agent for such limited liability partnership  and  that
 such party wishes to resign.
 (3) That sixty days prior to the filing of the certificate of resigna
 tion  with  the  department  of  state  the party has sent a copy of the
 certificate of resignation for  receipt  of  process  by  registered  or
 certified  mail  to  the  address of the registered agent of the [desig-
 nated] DESIGNATING limited liability  partnership,  if  other  than  the
 party  filing  the certificate of resignation[,] for receipt of process,
 or if the [resigning] DESIGNATING limited liability partnership  has  no
 registered agent, then to the last address of the [designated] DESIGNAT
 ING  limited  liability  partnership, known to the party, specifying the
 address to which the copy was sent. If there is no registered agent  and
 no  known  address  of the designating limited liability partnership the
 party shall attach an affidavit to the certificate stating that a  dili
 gent but unsuccessful search was made by the party to locate the limited
 liability partnership, specifying what efforts were made.
 (4) That the [designated] DESIGNATING limited liability partnership is
 required  to  deliver to the department of state a certificate of amend
 ment providing for the designation by the limited liability  partnership
 
       S. 6258--A                         86                         A. 9058--A
 of a new address and that upon its failure to file such certificate, its
 authority to do business in this state shall be suspended.
 

S  100.  Paragraph  16  of subdivision 1 of section 103 of the private
 housing finance law, as added by chapter 22 of  the  laws  of  1970,  is
 amended to read as follows:

 (16)  A  designation  of the secretary of state as agent of the corpo
 ration upon whom process against it may be served and  the  post  office
 address, within or without this state, to which [the secretary of state]
 A  PERSON  shall mail a copy of any process against it served upon [him]
 THE SECRETARY OF STATE.
 

S 101. Subdivision 2 of section 2-b of the religious corporations  law
 is REPEALED.
 

S  102. This act shall take effect on the ninetieth day after it shall
 have become a law.
 

S 2. Severability clause. If any clause, sentence, paragraph, subdivi
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
 

S  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through CC of this act shall be
 as specifically set forth in the last section of such Parts.

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