Appropriation. § 2. There is hereby appropriated out of any money in the state treasury, not otherwise appropriated, the sum of five thousand dollars ($5,000), or so much thereof as may be needed for the expenses of such commission, heretofore or hereafter incurred. The moneys so appropriated shall be paid out of the state treasury on the certificate of the chairman of such commission, after audit by and on the warrant of the comptroller. 3. This act shall take effect immediately. CHAPTER 10 AN ACT authorizing the acquisition by the state, for park and state building purposes, of certain real property in the city of Albany, near the state capitol, and authorizing the creation of a state debt, and making an appropriation therefor Became a law February 2, 1927, with the approval of the Governor. Passed by a three-fifths vote on message of necessity. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Acquisition Section 1. The state office site and building commission, created authorized. pursuant to chapter five of the laws of nineteen hundred and How surveys twenty-six, is hereby authorized to acquire for the state, for the purposes of a state park and to provide a site for the further construction of state buildings in the vicinity of the state capitol, all or such portion as it may deem advisable of the real property in the city of Albany, within the territory lying between Washington avenue, Elk street, North Hawk street, and the park of the city of Albany known as Academy park, including the interest or estate, if any, of abutting property owners in the fee of streets and avenues adjoining or intersecting such territory. Such acquisition made. shall be made in the manner provided in sections two to eight, inclusive, of chapter five of the laws of nineteen hundred and twenty-six, and such sections shall apply to the acquisition of Appraisals, property under this act, except that the appraisals heretofore made of property within such territory may be adopted by the commisheretofore sion, in its discretion, as the basis for negotiations with the owners, made. or any of them, pursuant to section five of such chapter, in place of further appraisal, and except that the surveys and map of such property, in the office of the department of public works, heretofore made by the state engineer or by or under the direction of the superintendent of public works may be utilized, when properly certified, for the purposes of such sections, if the property which the commission determines to acquire within such area is that described by the map. The commission may purchase any priation of parcel or parcels of such real property, and enter into agreements property. therefor, before proceeding to appropriate any real property in such territory, and thereafter appropriate such of the remaining territory as it may determine to acquire. and map Purchase or appro Creation of state debt au thorized. § 2. The creation of a state debt to the amount of one million six hundred thousand dollars ($1,600,000), is hereby authorized to provide moneys for the acquisition of such real property and if ation. there shall be any balance after such acquisition it may be applied toward the clearing of such lands of existing structures. Such debt is to be contracted as part of the aggregate annual debt authorized by section fifteen of article seven of the constitution and in the manner provided by section fourteen-a of the state finance law. The sum of one million six hundred thousand dol- Approprilars ($1,600,000) is hereby appropriated, payable from the proceeds of bonds to be sold pursuant to such section of the state. finance law, for the acquisition of such real property, for the pay-. ment of any awards made by the court of claims by reason of the appropriation of such property and, if there be a balance remaining, for the clearing of such real property of existing structures thereon. The moneys so appropriated by this section shall be paid Moneys, from the state treasury upon the audit and warrant of the state comptroller, but no part thereof shall be expended for personal Not to be service. Before appropriating any such real property the com- for permission shall certify to the comptroller that a stated sum, from the services. moneys so appropriated, is adequate and shall be available for the Segregation payment of compensation for the taking of real property and the of stated sum so stated shall be segregated for that purpose and shall not be available for any other expense incurred or to be incurred under this act. how paid. expended senal sum. ation for § 3. The sum of two thousand dollars ($2,000), or so much Approprithereof as may be necessary, is hereby appropriated from any expenses. money in the treasury, not otherwise appropriated, for the pay ment of any expenses incurred by the attorney-general with the approval of the commission in the acquisition of land and in searching and perfecting the title thereto, for the payment of any expenses incurred by the superintendent of public works with the approval of the commission and for the payment of any, other expenses incurred by the commission in carrying out the provisions of this act. The money appropriated by this section shall be paid from the treasury upon the audit and warrant of the comptroller upon vouchers approved by the commission. § 4. This act shall take effect immediately. CHAPTER 11 AN ACT to amend the co-operative corporations law to conform to the state departments law, in relation to the department and commissioner of agriculture and markets Became a law February 3, 1927, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: §§ 75, Section 1. Sections seventy-five and one hundred and twenty-two L. 1926, of chapter two hundred and thirty-one of the laws of nineteen ch. 231, hundred and twenty-six, entitled "An act relating to co-operative 122 corporations, constituting chapter seventy-seven of the consolidated laws," are hereby amended to read as follows: amended. L. 1926, ch. 343, §§ 3, 8-10, 15 amended, § 75. Auditing committee. Every corporation shall, from time to time, appoint a committee of three members, who shall not be directors, officers, agents, or employees of the corporation, which committee shall, at least once in each quarter of each fiscal or business year of such corporation, make an examination of its records and property and shall within one month after such examination report in writing the results thereof to the association. Immediately after the close of each fiscal or business year of the corporation, a complete audit of its operations shall be made for the fiscal or business year. A written report of the audit, including statements of services rendered by the corporation, the balance sheet, receipts and disbursements, assets and liabilities, members admitted and withdrawn, total number of members, and other proper information, shall be submitted to the members at their next regular meeting. The corporation shall file a copy of the report of the audit with the department of agriculture1 and markets within three months after the close of the fiscal or business year. No person shall without the consent of the corporation, except in obedience to judicial process, make or permit any disclosure whereby any information contained in said report may be identified as having been furnished by such corporation. Any person violating or failing to comply with the provision of this section shall be deemed guilty of a misdemeanor. § 122. Annual reports. Each association formed under this act within ninety days after the close of its fiscal year shall file with the department of agriculture1 and markets an annual report on forms to be furnished by the commissioner of agriculture and markets containing the name of the association; its place of business; and a general statement of its business operations during the fiscal year, showing the amount of capital stock paid up and the number of stockholders, if a stock corporation, or the number of members and amount of membership fees received, if a non-stock corporation; the total expenses of operations; the amount of its indebtedness or liabilities, and its balance sheet. Failure to file such report shall subject the president and treasurer of the association to a penalty of five hundred dollars to be recovered by any member of the association. § 2. This act shall take effect immediately. CHAPTER 12 AN ACT to amend the state departments law, generally Became a law February 3, 1927, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Sections three, eight, nine, ten and fifteen of chapter three hundred and forty-three of the laws of nineteen hundred 1 Word “agriculture" substituted for word “farms.” 2 Word "number substituted for word “ numbers." and twenty-six, entitled "An act providing for the civil departments in the state government, pursuant to article five of the constitution, constituting chapter seventy-eight of the consolidated laws," are hereby amended to read, respectively, as follows: §3.1 Action by department in certain cases; how taken. Whenever action by a board or commission is authorized or required by law to be taken by the concurrence of a part or all of its members, and the functions, powers and duties of such board or commission are assigned and transferred to a department and provision is not made by law for the exercise or performance of such functions, powers and duties by a board or commission within such department, such action may be taken by an individual officer or by a division or bureau, in accordance with the rules of the department. § 8. Continuance of orders, rules and regulations. An order, rule or regulation of a department, board, commission, council or officer, or of a division or bureau in a department, functions, powers and duties whereof are assigned and transferred to a department, in force at the time of such assignment and transfer, shall continue in force and effect as an order, rule or regulation of the department to which such assignment and transfer is made, or of the appropriate council, division, commission," bureau or officer thereof, until amended, repealed or superseded pursuant to law. § 9. Pending actions and proceedings. The assignment and transfer of any of the functions, powers and duties of a department, board, commission, council or office to a department shall not affect any action or proceedings, civil or criminal, pending at the time of such assignment and transfer brought by or against the department, board, commission, council or office, functions, powers and duties whereof are assigned and transferred, but the same may be prosecuted or defended in the name of the department to which such assignment and transfer is made, or the appropriate authority in such department having jurisdiction, and such department or authority, upon application to the court, shall be substituted as a party. A § 10. Completion of unfinished business. Any proceeding or other business or matter undertaken or commenced by a department, board, commission, council or officer, functions, powers and duties whereof are assigned and transferred to a department, in relation to a matter jurisdiction whereof is vested by such assignment and transfer in the department, and pending at the time of such assignment and transfer, may be conducted and completed by the department, or the appropriate authority in such department having jurisdiction, in the same manner and under the same terms and conditions and with the same effect as if undertaken or 5 1 Section 3 materially amended. 2 Word "commission " new. Remainder of section formerly read: "shall be deemed substituted as a party by operation of this section without motion or order." Words the head of " omitted. Words "or under his or its direction" omitted. Words " priate authority in such department haying jurisdiction," new. or the appro L. 1909, L. 1909, amended. commenced and conducted and completed by the department, board, commission, council or officer, the functions, powers and duties whereof are so assigned and transferred. § 15. Terms occurring in laws and in contracts and other documents. Whenever a department, board, commission, council, office or officer is referred to or designated in any law, contract or document, such references or designations shall be deemed to refer to and include the department to which the functions, powers and duties whereof are assigned and transferred, or the appropriate authority therein, so far as such law, contract or document pertains to matters which are by reason of such assignment and transfer placed within the jurisdiction of the department to which such assignment and transfer is made. § 2. This act shall take effect immediately. CHAPTER 13 AN ACT repealing article nine of the executive law, relating to the state historian Became a law February 3, 1927, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Article nine, comprising sections ninety and ninetyone, of chapter twenty-three of the laws of nineteen hundred and nine, entitled "An act in relation to executive officers, constituting chapter eighteen of the consolidated laws," is hereby repealed. §2. This act shall take effect immediately. CHAPTER 14 AN ACT to amend the executive law, in conformity with the state departments law, in relation to the comptroller Became a law February 3, 1927, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section forty of chapter twenty-three of the laws of nineteen hundred and nine, entitled "An act in relation to executive officers, constituting chapter eighteen of the consolidated laws," as last amended by chapter six hundred and sixty-six of the laws of nineteen hundred and twenty,' is hereby amended to read as follows: § 40. Salary and expenses. The comptroller shall be paid an annual salary of twelve thousand dollars and his reasonable 66 • Words or the appropriate authority therein," new. 1 Previously amended by L. 1910, ch. 691; L. 1919, ch. 165. Formerly "ten thousand dollars." |