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races displayed at race meetings held by such non-profit racing association, the following percentages of the total pool for regular and multiplé bets, five per centum of regular bets and four per centum of multiple bets plus twenty per centum of the breaks; for exotic wagers seven and one-half per centum plus twenty per centum of the breaks, and for super exotic bets seven and one-half per centum plus fifty per centum of the breaks. Payment to the New York state thoroughbred breeding and development fund by such corporation shall be one-half of one per centum
daily on-track pari-mutuel pools resulting from regular, multiple and exotic bets and three per centum of super exotic bets. Distribution of pools used exclusively for purses shall be in accordance with section two hundred twenty-nine of this chapter. No simulcast signal may
be accepted on any out-of-state thoroughbred track past seven o'clock post meridian.
4. [Notwithstanding any other provision of this chapter, whenever] Whenever a non-profit racing association accepts out-of-state wagers in accordance with subdivision three of this section, regional off-track betting corporations and harness racing associations may
also accept such out-of-state races, provided such regional corporation and harness racing association is authorized to accept such non-profit racing association wagers on that day.
5. Every [regional corporation) licensed simulcast facility authorized to accept wagers and the simulcast signal pursuant to, [subdivision) subdivisions and three of this section shall be subject to all appropriate provisions of this chapter [governing the simulcast of a race meeting by such corporation].
6. During the period such out-of-state wagering and simulcasting is authorized, every approved regional off-track betting, corporation and racing facility that conducts such program shall (i) electronically display current odds and information concerning, medication that is monly published in racing publications or at the out-of-state track and (ii) furnish the board, within three days of the completion of each outof-state wagering and simulcasting program, a report consisting of the components and total wagering activity and other pertinent data, the board shall require. To facilitate such reporting,
the board may prescribe a standard format and shall distribute such reports to the legislature for its review.
The provisions of section five hundred thirty-two of this chapter shall apply to all wagers placed on out-of-state events at simulcast
authorized in accordance with section one thousand eight of this article.
8. A sum equal to the amount authorized by section five hundred thirty-two of this chapter shall apply to all wagers placed out-ofstate events authorized by subdivision one of this section, at simulcast facilities authorized in accordance with sections one thousand seven and one thousand nine of this article. Such sums received by facilities licensed in accordance with section one thousand nine of this article shall be retained by such facility for its general purposes. Such sums received by facilities licensed in accordance with section one thousand seven of this article shall be distributed as follows:
a. fifty percent shall be used exclusively for purses awarded in races conducted by such licensed facility; and
b. fifty percent shall be retained by such licensed facility for its general purposes.
9. Nothing in this section shall prevent the acceptance of wagers on
10. On any day that a simulcast facility licensed in accordance with
The provisions of this section shall remain in full force and effect until March thirty-first, nineteen hundred ninety-three.
$ 8. This act shall take effect immediately.
AN ACT to amend the education law, in relation to interpretation for the
hearing impaired at school district meetings and activities Became a law July 31, 1992, with the approval of the Governor. Passed on
message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assenbly, do enact as follows:
Section 1. The education law is amended by adding a new section 3230 to read as follows:
§ 3230. School district meetings and activities. 1. The board of education or trustees of each school district shall
at any meeting activity which is conducted by the board of education, trustees, school district or a district school which is specific to child's educational program and which parents or persons in parental relationship who are hearing impaired, as defined by the commissioner, attend, the board of education or trustees shall provide interpreter services at no charge to such persons, provided a written request therefor is made to the school district within a reasonable time prior to the scheduled meeting or activity. In the event interpreter services are requested, the school district shall appoint an interpreter of the deaf to interpret the proceedings of the meeting or activity. In the event that interpreter is unavailable, other reasonable accommodations shall be made which are satisfactory to the parents or guardians.
2. Each board of education or trustees shall adopt a policy which shall establish the time limitation for requesting interpreter services, examples of what constitutes reasonable accommodations and how the regų; lations of the commissioner promulgated pursuant to this chapter shall be implemented.
3. For the purposes of this section "meeting" or "activity" shall include those school-initiated meetings or activities which
parents or persons in parental relationship who are hearing impaired attend which are specific to the academic and/or disciplinary aspects of their child's educational program including parent-teacher conferences and other such meetings and activities as defined by the commissioner.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately, the commissioner of education shall take all actions and procedures with respect to the proposed adoption, amendment, suspension or repeal of any rule or regulation as shall be necessary to the timely implementation of this act on or before such effective date.
AN ACT to amend the canal law, the public authorities law and the state
finance law, in relation to expanding the powers and duties of the New York state thruway authority, transferring jurisdiction over the New York state canal system to the thruway authority,
creating the New York state canal recreationway commission, and creating a New York state canal system development fund, and to repeal certain provisions of the canal law and the public authorities law relating thereto Became a law August 3, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings and declaration. The legislature hereby finds and declares that the New York state canal system is one of the state's greatest assets. This system, which consists of the Erie, Champlain, Oswego, and Cayuga and Seneca canals, is an integral part of
New York's commercial, transportation and recreational heritage, and it is essential that the beauty and environmental integrity of the
canals be preserved for future generations. In January 1989, the New York state barge canal planning and development board issued seminal recommendations for the coordinated long-term development of tourism and economic potential on the canal system. These recommendations sought to set the canals on a course to become more self-sufficient and less dependent on direct governmental funding. In November 1991, the citizens of the state voted to amend the New York state constitution to authorize leasing and fees on the New York state canal system, demonstrating their support for the improvement and preservation of the canals, and also making, clear their desire that all resulting revenues be used to improve and enhance the canal system. The legislature further
further finds and declares that the best way to advance these goals is to transfer jurisdiction over the canals to the thruway authority which has the ability to upgrade and improve the canal system, and to maintain that system for future recreational
and transportation users. In operating the canal, the authority shall en. deavor to enhance current funding levels for operations, maintenance and capital purposes and shall endeavor to enhance service to persons using the canals and preserve its capital facilities, while protecting the environment. In addition, this transfer of jurisdiction to a state public benefit corporation will keep management and control over the canals with the state, as required by the state constitution.
The legislature further finds that a canal recreationway commission should be established, and that the activities of the authority must be coordinated and integrated with the activities of the commission, in or, der to ensure that the desires of local residents, environmental and recreational groups are considered and implemented. Pursuant to this act, the commission shall develop a conceptual framework for fostering the development
of the canal system into a canal recreationway system that considers, among other things, appropriate use and development, the preservation of undeveloped open spaces, public access to the canal system and local interests. This process will allow appropriate development of the New York state canal system while preserving the beauty and environmental integrity of the canals.
The legislature further finds and declares that the thruway authority should be directed to undertake three specific transportation projects in Erie, Onondaga and Orange counties which will result in the creation of jobs and will help to revitalize our economy. In addition, the
improvement of our transportation infrastructure in these three areas will speed travel, improve safety, and provide an added incentive for private companies to remain in New York or expand their New York operations. This, in turn, will boost private investment and will provide for longterm employment for our citizens. Finally, the
legislature further finds and declares that the thruway authority's involvement in the canals and the three transportation projects must be achieved in a manner which does not adversely impact the thruway. The principal responsibility and
thruway authority must remain the operation and maintenance of a safe, reliable and convenient superhighway system for New Yorkers and out-of-state travelers.
§ 2. Subdivision 5 of section 2 of the canal law is amended to read as follows:
5. "New York State Canal System", "Canal System" or "Barge Canal System" shall each mean all the canals,
canal lands, feeder canals, reservoirs,
canal terminals and canal [terminals] terminal lands of the state as hereinafter defined. All general references herein to "canal" shall be deemed to mean the New York state canal system.
§ 3. Section 2 of the canal law is amended by adding three new subdivisions 22, 23, and 24 to read as follows: 22. "Authority" shall
the New York state thruway authority, a body corporate and politic constituting a public corporation created and constituted pursuant to title nine of article two of the public authorities law, and unless otherwise specified shall include the subsidiary of the New York state thruway authority created pursuant to section three hundred eighty-two of the public authorities law for the purpose of operating,
maintaining, constructing, reconstructing, improving, developing, financing and promoting the New York state canal system. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law
23. "Adirondack park" shall have the same meaning as set forth in section 9-0101 of the environmental conservation law.
24. "Commission" shall mean the canal recreationway commission created pursuant to section one hundred thirty-eight-e of this chapter.
§ 4. The canal law is amended by adding a new article I-A to read as follows:
& the C 2:00 a force s rules Kthorit
TRANSFER TO NEW YORR STATE THRUWAY AUTHORITY
powers and duties relating to canals and canal
in their discretion, enter into an
§ 6. Transfer of canal lands and other assets. 1. The jurisdiction of the commissioner of transportation over the New York state canal system and over all state assets, equipment and property, both tangible and intangible, owned or used in connection with
planning, development , construction, reconstruction, maintenance and operation of the New York state canal system, as set forth in articles one through and including fourteen, except article seven, of this chapter, and except properties in use on the effective date of this article in support of highway maintenance, equipment management and traffic signal operations of the department of transportation are hereby transferred without consideration to the authority, to be held by the authority in the name of the people of the state of New York. In addition the commissioner of transportation
and the chairman of the authority may, in their discretion, enter into an agreement or agreements transferring jurisdiction over any or all of the bridges and highways set forth in article seven of this chapter, and any or ail state asset's, equipment and property, both tangible and intangible, owned or used in connection with the planning, development, construction, reconstruction, maintenance and operation of such bridges and highways, which shall be transferred without consideration to the authority, to be held by the authority in the
of the people of the
state of New York. Any other rights and obligations resulting from or arising out of the planning, development, construco tion, reconstruction, operation maintenance of the New York state Canai system shall be deemed assigned to and shali be exercised by the authority, except that the authority may designate the commissioner of transportation to be its agent for the operation and maintenance of the New York state canal system, provided that uch designation shall have no force or effect after March thirty-first, nineteen hundred ninetythree. Such canal system shall remain the property of the state and under its management and control exercised by and through the
DCE, O parte: e the states
authority, which shall be deemed to be the state for the purposes of
2. The department of transportation shall deliver to the authority all
3. All rules, regulations, acts, determinations, orders and decisions
4. Any business or other matters undertaken or commenced by the com-
6. (a). No action or proceeding pending on the effective date of this
(b) Notwithstanding any provision to the contrary contained in paragraph (a) of this subdivision, the state shall indemnify and hold harmless
the authority for any and all claims, damages, or liabilities, whether or not caused by negligence, including civil and criminal fines, arising out of relating to any generation, processing, handling, transportation, storage, treatment, or disposal of solid or hazardous wastes in the canal system by any person or entity other than the authority occurring prior to the effective date of the transfer of pow
and duties authorized herein. Such indemnification shall extend to, without limitation, any releases into land, water or air, including but not limited to releases as defined under the federal comprehensive environmental response compensation and liability act of nineteen hundred eighty, occurring or existing prior to the effective date of this section; provided that the authority shall cooperate in the investigation and remediation of hazardous waste and other environmental problems.
§ 5. Subdivision 15 of section 10 of the canal law, as amended by
15. [Issue] Grant leases and issue revocable permits [covering certain
§ 6. Subdivision 17 of section 10 of the canal law, as amended by
17. Cause to be acquired lands necessary for canal purposes and cause
Subdivision 23 of section 10 of the canal law is renumbered sub-