2. It shall be unlawful for any retail or wholesale distributor of comestibles to add sulfiting agents in, or to, the comestibles they sell, offer or expose for sale, or serve. The provisions of this section shall not apply to sales by a manufacturer or grower to 8 retail or wholesale distributor. 3. Any violation of the provisions of this section shall be punishable by a civil penalty not to exceed five hundred dollars. Each day a violation is continued shall constitute a separate violation. 4. § 2. This act shall take effect on the ninetieth day after it shall have become a law. CHAPTER 78 AN ACT to amend the executive law and the criminal procedure law, in relation to consideration of victim statements at parole release consideration interviews Became a law May 7, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph (c) of subdivision two of section two hundred fifty-nine-i of the executive law, as amended by chapter seventy-six of the laws of nineteen hundred eighty, is amended to read as follows: in (c) Discretionary release on parole shall not be granted merely as a reward for good conduct or efficient performance of duties while confined but after considering if there is a reasonable probability that if such inmate is released, he will live and remain at liberty without violating the law, and that his release is not incompatible with the welfare of society and will not so deprecate the seriousness of his crime as to undermine respect for law. In making the parole release decision, the guidelines adopted pursuant to subdivision four of section two hundred fifty-nine-c shall require that the following be considered: (i) the institutional record including program goals and accomplishments, academic achievements, vocational education, training or work assignments, therapy and interpersonal relationships with staff and mates; (ii) performance, if any, as a participant in a temporary release program; (iii) release plans including community resources, employment, education and training and support services available to the inmate; [and] (iv) any deportation order issued by the federal government against the inmate while in the custody of the department of correctional services and any recommendation regarding deportation made by the commissioner of the department of correctional services pursuant to section one hundred forty-seven of the correction law; and (v) the written statement of the crime victim or the victim's representative, where the crime victim is deceased or is mentally or physically incapacitated. A crime victim's representative shall mean the crime victim's closest surviving relative, the committee or guardian of such person, or the legal representative of any such person. Notwithstanding the provisions of this section, in making the parole release decision for persons whose minimum period of imprisonment was not fixed pursuant to the provisions of subdivision one of this section, in addition to the factors listed in this paragraph the board shall consider the factors listed in paragraph (a) of subdivision one of this section. (a) § 2. Subdivision one of section 440.50 of the criminal procedure law, as added by chapter four hundred ninety-six of the laws of nineteen hundred seventy-eight, is amended to read as follows: 1. Upon the request of a victim of a crime, the district attorney shall, within sixty days of the final disposition of the case, inform the victim by letter of such final disposition. If such final disposition results in the commitment of the defendant to the custody of the EXPLANATION-Matter in italics is new; matter in brackets [] is old law department of correctional services, the notice provided to the crime victim shall also inform the victim of his right to submit a written victim impact statement to the state division of parole pursuant to subdivision two of section two hundred fifty-nine-i of the executive law. § 3. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 79 AN ACT to amend the penal law, in relation to period of probation upon violation of probation Became a law May 7, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision three of section 65.00 of the penal law is amended by adding a new closing paragraph to read as follows: In any case where a court pursuant to its authority under subdivision four of section 60.01 of this chapter revokes probation and sentences such person to imprisonment and probation, as provided in paragraph (d) of subdivision two of section 60.01 of this chapter, the period of probation shall be the remaining period of the original probation sentence or one year whichever is greater. § 2. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 80 AN ACT creating the New York wine/grape foundation, providing for its functions, powers and duties and authorizing the department of agriculture and markets to enter into certain contracts with such foundation The Became a law May 14, 1985, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Legislative findings and purposes. The legislature finds that the wine/grape industry is a significant part of the state's agricultural industry and that the continued production of wine, unfermented juice and table grapes is of significant importance to the economy of the state. The legislature further finds that in recent years economic conditions have had an adverse effect on the wine/grape industry, especially, grape growers, resulting predominately from an international surplus of grapes. Such economic disadvantages have included various incentives made available by their counties to European wine producers, tariff and non-tariff barriers to United States wines entering other countries and most recently, a strong United States dollar which has increased the price of all domestic wines in relation to foreign wines. All these conditions have resulted in a decline in New York's share of the national and international wine market. The legislature further finds and recognizes that an important step in strengthening the agricultural and economic potential of New York's wine/grape industry is to encourage the long term operation of an organization, representative of all sectors of the grape industry for the purpose of conducting an extensive and coordinated promotional and ap plied research program intended to stimulate and centralize the New York wine/grape industry. For these purposes, there shall be created a non-profit corporation known as the "New York wine/grape foundation", which may independently initiate promotional and research projects to fulfill essential public purposes which are necessary for the health, safety and welfare of people of this state. the § 2. New York wine/grape foundation. 1. There is hereby created a nonprofit corporation which shall be known as the "New York wine/grape foundation". Such foundation shall be governed by the not-for-profit corporation law except where such law conflicts with this act, in which case the provisions of this act shall govern. 2. The foundation is created to fulfill the public purpose of providing for an effective and continuous program of research, promotion and education to strengthen the New York wine and grape industry's position in the marketplace including the maintenance and expansion of domestic and foreign markets and uses for grapes grown and processed within the state. § 3. Purposes and powers. 1. The foundation is authorized and directed to plan and provide for the implementation of programs to: (a) Engage in research into market development, new or improved methods of production, packaging, and processing of wine, grapes, and grape products; production of by-products of grape manufacturing processes and any other marketable products; improved methods of grape breeding, virus resistance and control of pests and disease; vineyard conversion; mechanization of brandy production; and overall improvement in the production and quality of wines, grapes and grape products, (b) Reduce agricultural unemployment and increase state and local revenues by developing methods and techniques to enhance the image and quality of New York wine and grape products so as to expand existing markets and develop new markets therefor, (c) Advertise and promote the sale of wine and other grape products in areas that will reach the greatest number of potential consumers, (d) Publish and distribute to producers, retailers and consumers information relating to the grape, wine and grape products industries, (e) Facilitate educational and promotional activities to enhance the image of New York wines and grape products through coordination, promotional and educational activities with other organizations, (f) Carry out in any other way the declared policy of this act to promote wine and other grape products and the grape industry of this state. 2. The foundation shall have power: (a) to sue and be sued; (b) to have a seal and alter the same at pleasure; (c) to acquire, hold and dispose of personal property for its corporate purposes; (d) to enter into contracts with the state, political subdivisions or any agency or instrumentality thereof, or any person, firm or corporation; (e) to accept gifts, funds, property or services from public or private sources in furtherance of its corporate purposes; (f) to adopt, amend and repeal by-laws for the management and regulation of its affairs; and (g) to do any and all other things necessary or convenient to carry out its purposes and effectively implement the provisions of this act. § 4. Report. The foundation shall submit to the governor and the legislature within ninety days after the end of its fiscal year, an annual report setting forth its operations and accomplishments, assets and liabilities, receipts and expenditures during such fiscal year as set forth according to generally accepted accounting practices, and a list of its consultants and outside contracts with the purposes and amounts thereof set forth. The report shall also include information on the amount of money designated for applied research and the types of research conducted; and the amount of money designated for promotion and the geographic distribution of promotion funds and the effectiveness of this program., § 5. Board of directors of the foundation. 1. The foundation shall be managed by, and its powers, functions and duties shall be exercised through a board of directors. 2. The initial board of directors shall consist of eleven members of whom three shall be appointed by the governor, three by the temporary president of the senate and three by the speaker of the assembly, one by the minority leader of the senate and one by the minority leader of the EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law assembly. In making the appointments, consideration should be given to ensure that the four wine/grape regions of the state are geographically represented. Of the eleven appointed members, one shall be a person who receives the major portion of his or her income from the growing of wine grapes, one shall be an officer or owner of a commercial winery, one shall be a person who receives the major portion of his or her income from the operation of a farm/estate winery, one shall be a person who receives a major portion of his or her income from growing table grapes, one shall be a person engaged in the manufacturing of grape products other than wine, one shall be a person engaged in the retail sale of wine for off premises consumption, one shall be a person engaged in the wholesale sale of wine, one shall be an owner or operator of a licensed establishment engaged in the sale of wine on premises, two shall be on the staff of an educational institution which is engaged in the study of viticulture, entomology and enology and one shall be a person familiar with the advertising, promotion and marketing of commercial products. The directors so appointed shall serve for a term of three years, except that, of the directors so appointed by the governor one shall serve for a term of two years and one shall serve for a term of one year; of the three directors so appointed by the temporary president of the senate one shall serve for a term of two years and one shall serve for a term of one year; and of the three directors so appointed by the speaker of the assembly one shall serve for a term of two years and one shall serve for a term of one year. 3. The commissioner of agriculture and markets and the commissioner of commerce shall be ex-officio members of the board for that period of time during which state moneys are available to the foundation. 4. If any vacancy other than by expiration of term occurs on the board amongst those first appointed such vacancy shall be filled by appointment for the unexpired term by the appointing authority initially appointing such member. Upon expiration of the initial terms, successors shall be elected by the remaining members of the board for a three year term; such directors shall have the qualifications required of the original' directors. Members shall continue as such until their successors have been duly elected. 5. The board of directors shall elect one of its members as chairman and one of its members as vice chairman of such board, and may appoint such officers and employees as it deems advisable. 6. Members of the board of directors shall serve without compensation, but shall be reimbursed for actual expenses reasonably incurred in the performance of their duties. 7. The board shall meet four times annually at the call of the chairman or in his absence the vice chairman or on petition of any three members. A majority of the members of the board then in office shall constitute a quorum for the transaction of any business. The board is encouraged to conduct its meetings in a manner which will ensure the active participation of any person having an interest in the wine/grape industry. § 6. Cooperation and coordination. 1. The foundation shall establish and maintain working relationships with organizations and institutions in the state directly involved in the production, processing and sales of wine, grapes, and grape products and in related educational and research activities. Such contact should also include governmental agencies which may have promotional or economic development responsibilities or have jurisdiction over facilities at which wine or grape products may be used or sold. 2. The foundation shall annually request from the groups and organizations with which its directors have affiliations and from other appropriate organizations and interests such as noted in subdivision one reports detailing their present and planned activities in the area of promotion and research for wine and other grape products. The foundation shall review such activities and take them into account in development of its own plans and programs. 3. The foundation should annually make available to all interested parties a description of its programs and plans and the ways in which the activities of others will be supplemented. § 7. Limitation of liability. Neither the directors nor any member, officer or employee of the corporation, while acting within the scope of his or her authority, shall be subject to any personal liability resultof ing from the activitierovisions corporati laws superseded. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general, special or local, the provisions of this act shall be controlling. § 9. Short title. Sections one through nine of this act shall be known and may be cited as the New York wine/grape foundation act. § 10. 1. The department of agriculture and markets, within moneys appropriated therefor, shall enter into a contract or contracts with the New York wine/grape foundation created by section two of this act for: (a) a research study or studies into new or improved methods of production, packaging, and processing of wine, grapes, and grape products; production of by-products of grape manufacturing processes and any other marketable products; improved methods of grape breeding, virus resistance and control of pests and disease; vineyard conversion; mechanization of brandy production; and overall improvement in the production and quality of wines, grapes and grape products; (b) a demonstration project or projects to reduce agricultural unemployment and increase state and local revenues by developing methods and techniques to enhance the image and quality of New York wine and grape products so as to expand existing markets and develop new markets therefor; or) advertising (c) advertising and promotion of the sale of wine and other grape products in areas that will reach the greatest number of potential con sumers; (d) publication and distribution to producers, retailers and consumers information relating to the grape, wine and grape products industries; (e) the facilitating of educational and promotional activities to enhance the image of New York wines and grape products through coordination, promotional and educational activities with other organizations; (f) the carrying out in any other way the declared policy of this act to promote wine and other grape products and the grape industry of this state. and Not less than twenty-five percent and not more than forty percent of the sum total of moneys made available to the foundation through such contract or contracts shall be applied for purposes of paragraph (a) of this subdivision, and not more than two and one-half percent of such moneys shall be applied for purposes of administration of the foundation. 2. Any such contract shall provide that the cost of the work to be performed thereunder during the state fiscal year commencing April first, nineteen hundred eighty-six shall be at least one hundred eleven percent of the amount to be paid by the state to such foundation. Any such contract shall provide that the cost of the work to be performed thereunder during the state fiscal year commencing April first, nineteen hundred eighty-seven shall be at least one hundred thirty-three percent of the amount to be paid by the state to such foundation. Any such contract shall provide that the cost of the work to be performed thereunder during the state fiscal year commencing April first, nineteen hundred eighty-eight shall be at least two hundred percent of the amount paid by the state to such foundation. Any such contract shall provide that the work to be performed thereunder during the state fiscal year commencing April first, nineteen hundred eighty-nine shall be at least four hundred percent of the amount paid by the state to such foundation. No such contract shall be entered into between the foundation and the department of agriculture and markets unless and until the foundation expressly commits funds of the foundation in an amount sufficient, together with the amount to be paid by the state, to pay the total cost of the work to be performed under such contract; provided, however, that no such commitment shall be required in the case of a contract to be entered into prior to April first, nineteen hundred eighty-six. There shall be no such contract entered into by the state after April first, nineteen hundred ninety. 11. Separability. If any clause, sentence, paragraph, 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, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 12. This act shall take effect April first, nineteen hundred eightyfive. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |