Sponsorship

A.7363 - MAGEE, boyland / S.4837 - YOUNG, LITTLE, WRIGHT.

Memorandum in Support

BILL NUMBER:A7363

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the review of agricultural districts and the reporting of agricultural district data; and to repeal certain provisions of such law relating thereto

Purpose:

The purpose of the bill is to make the process of local review of an agricultural district more efficient and less costly by streamlining reporting requirements and eliminating unnecessary data collection and submission requirements.

Summary of Provisions:

Section 1 of the bill amends Agriculture and Markets Law (AML) 303(2)(a)(1) to remove a reference in subparagraph (1) to inclusion of agricultural land into a certified agricultural district.

Sections 2 and 3 of the bill repeal AML S 303-a(2)(b) and (c), which require county legislative bodies to require reports to be filed by both county agricultural and farmland protection boards (CAFPBs) and county planning boards (CPBs) as part of the agricultural district review process; and add a new paragraph (b) to provide for a single report and recommendation by CAFPBs.

Section 4 of the bill re-designates paragraph (d) of AML S 303-a(2) as paragraph (c), and amends AML S 303-a(2)(d)(3) to conform to other changes made by the bill.

bill.

Section 5 of the bill amends AML S 303-a(3) to conform to other changes made by the

Section 6 of the bill amends AML S 304-b to eliminate certain agricultural district data collection and submission requirements applicable to the Department of Agriculture and Markets (Department), farm landowners and counties, and revise the content of the agricultural district data report required to be filed by the Commissioner of Agriculture and Markets (Commissioner) with the Governor and the Legislature.

Section 7 of the bill specifies the effective date of the bill.

Existing Law:

AML S 303(2)(a) sets forth the public notice requirements for the creation of an agricultural district.

AML S 303-a(2)(b) and (c) set forth the requirements for reports and recommendations from CAFPBs and CPBs as part of the agricultural district review process.

AML S 303-a(3) requires the county legislative body to make a finding of whether to continue, terminate or modify an agricultural district

after a district review is completed and, if a district is to be continued or modified, to submit a district review plan to the Commissioner.

AML S 304-b requires the collection and submission of agricultural district data by farm landowners and counties and the filing of an agricultural district data report by the Commissioner with the Governor and the Legislature.

Legislative History:

This is a new proposal.

Statement in Support:

The New York State Advisory Council on Agriculture (ACA) held a series of round table meetings throughout the State to gather suggestions for improving the State`s agricultural and farmland protection programs. Participants included farmers, county and local legislators, planners, agricultural and farmland protection board members, cooperative extension staff and others involved in local farmland protection program administration. County legislators, planners and Cornell Cooperative extension staff involved in agricultural district administration at the local level all suggested that the process should be streamlined.

In response, the bill simplifies the process by substantially reducing the paperwork burdens on counties, thereby allowing significant savings to be realized in staff time devoted to the agricultural districts program. The bill further improves the process by combining the reports currently required from the CAFPBs and county planning boards. The contents of the single report are limited to cover only the information needed for review of an agricultural district. The CAFPB is the most appropriate body to provide the report and the recommendation whether to continue, terminate or modify a district. The diverse membership of a CAFPB, which includes active farmers, agribusiness, the chair of the county soil and water conservation district`s board of directors, a county legislative body member, a county cooperative extension agent, the county planning director and the county director of real property tax services, makes it especially qualified for this task.

Meeting participants also indicated that data collection by counties and landowners, required by AML S 304-b, is particularly burdensome and unlikely to produce reliable data due to low landowner compliance. Due to the unavailability of information pertaining to the conversions of lands from agriculture to non-agricultural uses and conversion penalties assessed, the Department has been unable, in recent years, to file the AML S 304-b-prescribed status reports on the agricultural districts program. The bill amends the AML to require the collection of the most useful information (e.g., number of districts, total acreage in districts, list of counties that have county agricultural and farmland protection boards and information on the agricultural protection planning grants program). Moreover, this information can be obtained

from Department records without burdening counties and landowners to provide more farm specific data.

Budget Implications:

The amendments would result in some reduction in administrative work for the Department and a modest savings to the State.

Effective Date:

The amendments take effect immediately, except that new paragraph (b) of AML 303a(2) added by section three of the bill. and sections four and five of the bill. apply to the review of any agricultural district pursuant to AML S 303-a that is commenced on or after the effective date.

Sponsorship

A.4553 - ESPAILLAT, gordon d, towns / S.2490 - SCHNEIDERMAN, ADAMS, DIAZ, DUANE, KRUEGER, SAMPSON, SMITH, STAVISKY.

Memorandum in Support

BILL NUMBER: A4553

TITLE OF BILL : An act to amend the penal law, in relation to the sentence of imprisonment to be imposed for criminal possession of a firearm in the fourth degree in certain cases

PURPOSE OR GENERAL IDEA OF BILL :

The purpose of the bill is to encourage cooperation of defendants with any law enforcement officers or district attorneys investigating or prosecuting unlawful gun trafficking.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends subdivision 1 of section 70.15 of the penal law, to create a new paragraph (c). This paragraph would require defendants to fully cooperate with law enforcement officers or prosecutors concerning the investigation and prosecution of unlawful gun trafficking. Such cooperation could result in a sentence less than the mandatory one year imprisonment for criminal possession of a weapon in the fourth degree.

Section 2 of the bill contains the effective date

JUSTIFICATION :

Gun trafficking contributes dramatically to crime in New York City and New York State. According to Federal Bureau of Alcohol, Tobacco and Firearms reports, most crime guns in New York City were illegally trafficked. In 1999, 80% of guns used in New York City crimes came from out-of-state; in 2000 this rose to 84%. For offenders ages 24 and younger, 93% of crime guns originated outside New York State. Moreover, corrupt dealers are responsible for the largest total number of illegally diverted firearms, as compared to other trafficking channels. Just 1.2% of dealers accounted for over 57 percent of crime guns traced to federally licensed dealers in 1998.

The City`s law enforcement agencies have aggressively pursued a program of apprehending and prosecuting people caught with illegal guns. Every time someone is arrested for illegally possessing a gun, the goal of the police and prosecutors ought to be also to arrest and prosecute the gun trafficker who put that weapon on the street. This legislation would provide that defendants cooperate with law enforcement officers and prosecutors investigating or prosecuting unlawful gun trafficking. Defendants would have to provide sufficient evidence to lead to the arrest and prosecution of the individual from whom the illegal gun was acquired. Identifying the source of the weapon is the key to getting and keeping these illegal guns off our streets.

PRIOR LEGISLATIVE HISTORY :

2003/04: A11119 2005/06: A6104

FISCAL IMPLICATIONS :

To be determined

EFFECTIVE DATE : This act shall take effect on the first of November next succeeding the date on which it shall have become law.

Sponsorship

A.5023 - MAGEE, CROUCH

Memorandum in Support

BILL NUMBER:A5023C

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to slow moving vehicle markings

PURPOSE: The purpose of this legislation is to improve the visibility of farm machinery and towed equipment on our roadways.

EXISTING LAW: Current law requires the slow-moving vehicle emblem to be displayed on agricultural equipment designed to operate at 25 mph or less when traveling on public highways.

JUSTIFICATION: This legislation was drafted in response to a tragic and fatal accident involving a passenger vehicle and a tractor hauling a manure spreader. Because the manure spreader was not required to display any lights or the slow-moving vehicle emblem, the driver was unable to see the machine in front of him until it was too late. This commonsense proposal will require all farm machinery, whether self-propelled or a towed implement, to display the slowmoving vehicle emblem. A farmer can purchase a kit that includes a slowmoving vehicle emblem for less than $20. More than that, this bill would also require the Governor`s Traffic Safety Committee to develop a public outreach campaign to inform the general public of the proper use of the slow moving vehicle sign and of roadway safety pertaining to agricultural equipment.

According to the National Safety Council, approximately 15,000 vehicles are involved in highway crashes annually. 90 percent of these accidents actually take place on dry roads during the daytime, and two-thirds are rear-end collisions. When a fatality occurs, the victim is just as likely to be the tractor operator as the driver of the passenger vehicle involved. If we take the necessary steps to improve the visibility of agricultural equipment on our roadways, tragic accidents can be avoided.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: January 1, 2009.

Sponsorship

A.872 - DESTITO, SAYWARD, boyland, duprey, rabbitt / S.1120 - Not available at this time.

Memorandum in Support

BILL NUMBER:A872

TITLE OF BILL: An act to amend the real property tax law, in relation to taxation of forest lands

PURPOSE OR GENERAL IDEA OF BILL: To encourage landowner participation in established forest certification programs by adopting certification as a standard for eligibility in the forest tax law program.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 480-a of the Real Property Tax Law by adding a new paragraph (a) that expands the definition of "approved management plan" to include participation in a forest certification program recognized in future regulations by the Department of Environmental Conservation.

EXISTING LAW: Section 480-a of the Real Property Tax Law provides for a partial property tax exemption for privately owned land certified as an eligible tract of forest land by the NYS Department of Environmental Conservation.

JUSTIFICATION: New York`s forests continue to grow in extent and quality providing a host of benefits to our citizens, including clean drinking water, recreational opportunities, wildlife habitat, and many fine wood and paper products. The State of New York and the New York State Legis- lature, have long encouraged the sustainable use of our forest resources.

This bill furthers those goals by recognizing forest landowners who have enrolled in an established forest certification program that is recog- nized by the Department of Environmental Conservation. It provides incentive for other landowners to enroll in these programs by virtue of making them eligible to participate in the forest tax law program with- out having to modify their existing forest management plan that has been prepared to the standards of one of these certification programs.

There are a variety of credible sustainable forestry programs in place or in development throughout North America and the world. They share the common goal of promoting forestry management techniques that encourage the long-term sustainability of the forests and its inhabitants, both wildlife and human. It is estimated that some 2 million acres of forest land enrolled in one or more of these programs in New York.

Importantly, this bill does NOT change the basic eligibility require- ments for the program. It simply is a reduction in duplication of efforts by recognizing the forest management plans prepared under these certification programs are analogous to the management plan required by DEC under the tax law. It has the further benefit of reducing DEC`s workload while maintaining clear oversight for enrollment and certif- ication of stumpage values.

PRIOR LEGISLATIVE HISTORY:

2006: A.7200 - Referred to the Assembly Real Property Taxation Cmte. 2005: A.7200 - Reported referred to Assembly Ways and Means Committee

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

Sponsorship

A.6524 - MAGEE, AUBERTINE

Memorandum in Support

BILL NUMBER:A6524A

TITLE OF BILL: An act to amend the real property tax law, in relation to exempting buildings used in the production of honey and beeswax from real property taxes

PURPOSE: This legislation would include newly-constructed buildings used in the production of honey and beeswax within the real property tax exemption for buildings essential to the operation of agricultural lands.

SUMMARY OF PROVISIONS: Section 2 amends subdivision 2 of section 483 of the real property tax law to add a new subparagraph (e) which includes structures and buildings used in production of honey & beeswax, and those used for storage of the bees, in the definition of "structures and buildings" for the purposes of the real property tax exemption.

JUSTIFICATION: New York State is one of the leading states in beekeeping and in the production of honey and beeswax. In addition, beekeepers provide approximately $200 million in added value to crops in New York through pollination.

There are approximately 20 full-time commercial beekeepers in the state while the vast majority are "sideliners" or hobbyists. These smaller producers contribute a substantial amount to the overall production of honey and beeswax in our state. Given the important role that these producers, both large and small, contribute to the State`s economy and to other areas of farming, it is important that we aid them in continuing to maintain their much needed presence. In light of other problems affecting the beekeeping industry such as parasites and disease, this exemption would be of tremendous assistance to beekeepers by lightening some of the burden on their production costs.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately, and shall apply to assessment rolls prepared after such date.

Sponsorship

A.6886 - NOLAN, MARKEY, colton, diaz r, pheffer / - 2

Memorandum in Support

BILL NUMBER : A6886

TITLE OF BILL : An act to amend the public authorities law, in relation to requiring the metropolitan transportation authority to issue an anti-crime initiatives report

PURPOSE OR GENERAL IDEA OF BILL : Requires the Metropolitan Transportation Authority (MTA) to issue biannual reports of anti-crime initiatives implemented, continued, or discontinued by the MTA and its operating subsidiaries. SUMMARY OF SPECIFIC PROVISIONS : Beginning July 1, 2009 and every year thereafter, the Chairman of the MTA shall issue a report to the Governor, the Majority Leader of the Senate, the Speaker of the Assembly, relevant committees of the State Legislature, the Mayor of New York City, and the County Executives of each county within the Metropolitan Commuter Transportation District, itemizing all anti-crime initiatives undertaken, continued, or discontinued by each of the operating agencies of the MTA during the reporting period. The reports shall include, but not be limited to, a description of the anti-crime initiatives implemented, continued, or discontinued during the reporting period, and capital and operating expenditures pursuant to such initiatives. JUSTIFICATION : In a recent survey in New York City, 54 percent of subway riders queried reported that their own personal subway usage is at times affected by their fear of crime. While the MTA and the State and New York City governments have initiated programs aimed at reducing crime in the transit system and altering passenger misconceptions about personal security when using the system, more must be done. The MTA must make transit crime prevention a priority in overall planning and provide government officials with information relative to MTA approaches to and initiatives directed toward lowering the incidence of transit crime and improving passenger perceptions. PRIOR LEGISLATIVE HISTORY : A.5033 of 2001-2002: passed Assembly. A.6590 of 2003-2004: referred to Corporations, Authorities and Commissions FISCAL IMPLICATIONS : None. EFFECTIVE DATE : 30th day after becoming law.

Sponsorship

A.1233 - GUNTHER, MAGEE, DELMONTE, FIELDS, ESPAILLAT, SCHROEDER, CARROZZA, LUPARDO, bacalles, barclay, boyland, calhoun, cook, crouch, errigo, finch, giglio, glick, hawley, koon, lavine, lentol, lifton, miller, o`mara, pheffer, quinn, rabbitt, reilly, scozzafava

Memorandum in Support

BILL NUMBER: A1233B

TITLE OF BILL : An act to amend the tax law, in relation to providing that excess investment tax credit amounts may be refundable to operators of a farm operation

PURPOSE OR GENERAL IDEA OF BILL : To allow farmers to receive the investment tax credit as a fully refundable credit.

SUMMARY OF SPECIFIC PROVISIONS : Amends the tax law to provide that, as it applies to farm operations, the investment tax credit shall become a refundable credit.

JUSTIFICATION : This state is home to some 38,000 farms encompassing roughly 7.8 million acres of cropland, pasture and woodlands from Erie County to Suffolk County. These farms produce nearly $3.1 billion annually in direct economic output and probably double or triple that in indirect economic benefits with the farming and food industry employing over 425,000 people. Given the enormous economic impact that agriculture has on the economy of this state we must do everything we can to ensure that our farmers survive.

As part of that, when farmers make long term investments in their operations they are, often times, eligible for the investment tax credit (ITC). As it currently stands, however, unlike the agricultural school tax credit, the investment tax credit is not refundable - so if you have no taxable income, you cannot receive the benefit of the ITC. To remedy this and to assist our farmers with continuing to make investment in their agri-enterprises, this bill would simply provide that farmers could receive the ITC as a fully refundable credit just as they do the school tax credit. By making this small change our farmers, overall, could receive a large and needed benefit that would enable them to continue to update, modernize and invest in their farms.

PRIOR LEGISLATIVE HISTORY : 2006: A9297 Assembly Ways and Means

FISCAL IMPLICATIONS :

EFFECTIVE DATE : Immediately.