and special benefit or improvement districts, the impact of property taxes on overall farm profitability, the benefits of the agricultural assessment program and other existing programs and the amount of property taxes paid by farmers in New York state as compared to other states with similar farming operations. The department, division of equalization and assessment, New York state college of agriculture and life sciences and other state agencies and institutions shall render assistance insofar as possible and within available funds in preparing such report. § 15 The agriculture and markets law is amended by adding a new section 310 to read as follows: § 310. Disclosure. 1. Prior to the sale, purchase, or exchange of real property located partially or wholly within an agricultural district, the prospective grantor shall deliver to the prospective grantee a notice which states the following: "It is the policy of this state and this community to conserve, protect and encourage the development and improvement of agricultural land for the production of food, and other products, and also for its natural and ecological value. This notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within an agricultural district and that farming activities occur within the district. Such farming activities may include, but not be limited to, activities that cause noise, dust and odors." 2. Receipt of such disclosure statement shall be recorded on a property transfer report form prescribed by the state board of equalization and assessment as provided for in section three hundred thirtythree of the real property law. § 16. The agriculture and markets law is amended by adding a new article 25-AAA to read as follows: ARTICLE 25-AAA AGRICULTURAL AND FARMLAND PROTECTION PROGRAMS Section 321. Statement of legislative findings and intent. 323. State agricultural and farmland protection program. § 321. Statement of legislative findings and intent. It is hereby found and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability, and environmental and landscape preservation values associated with agriculture, the state must explore ways to sustain the state's valuable farm economy and the land base associated with it. External pressures on farm stability such as population growth in non-metropolitan areas and public infrastructure development pose a significant threat to farm operations, yet are the pressures over which farmers have the least control. Local initiatives in agricultural protection policy, facilitated by the agricultural districts program established in article twenty-five-AA of this chapter, have proved effective as a basic step in addressing these pressures. In an effort to encourage further development of agricultural and farmland protection programs, and to recognize both the crucial role that local government plays in developing these strategies, plus the state constitutional directive to the legislature to provide for protection of agricultural lands, it is therefore declared the policy of the state to promote local initiatives for agricultural and farmland protection. § 322. Definitions. When used in this article: the 1. "Agricultural and farmland protection" means the preservation, conservation, management or improvement of lands which are part of viable farming operations, for the purpose of encouraging such lands to remain in agricultural production. 2. "Plan" means the county agricultural and farmland protection plan as provided for in this article. 3. "Program" means the state agricultural and farmland protection program created pursuant to the provisions of this article. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law The comfarmland § 323. State agricultural and farmland protection program. missioner shall initiate and maintain a state agricultural and protection program to provide financial and technical assistance, within funds available, to counties for their agricultural and farmland protection efforts. Activities to be conducted by the commissioner shall include, but not be limited to: 1. developing guidelines for the creation by counties of agricultural and farmland protection plans; 2. providing technical assistance to county agricultural and farmland protection boards, as established in article twenty-five-AA of this chapter; a farmland protection trust fund as established by 3. administering section eighty-seven of the state finance law; 4. administering planning grants to county agricultural and farmland protection boards; 5. disseminating information to county governments, owners of agricultural lands and other agricultural interests about the state agricultural and farmland protection program established pursuant to this article; and 6. reporting biennially to the governor and the legislature regarding the activities of the commissioner, the types of technical assistance rendered to county agricultural and farmland protection boards, and the need to protect the state's agricultural economy and land resources. § 324. County agricultural and farmland protection plans. 1. County agricultural and farmland protection boards may develop plans, in cooperation with the local soil and water conservation district and soil conservation service, which shall include, but not be limited to: (a) the location of any land or areas proposed to be protected; (b) an analysis of the following factors concerning any areas and lands proposed to be protected: (i) value to the agricultural economy of the county; (ii) open space value; (iii) consequences of possible conversion; and (iv) level of conversion pressure on the lands or areas proposed to be protected; and (c) a description of the activities, programs and strategies intended to be used by the county to promote continued agricultural use. 2. The county agricultural and farmland protection board shall conduct at least one public hearing for public input regarding such agricultural and farmland protection plan, and shall thereafter submit such plan to the county legislative body for its approval. 3. The county agricultural protection plan must be submitted by the county to the commissioner for approval. § 325. Agricultural protection planning grants. 1. Subject to the availability of funds, a matching grant program is hereby established to fund the costs of county agricultural protection planning activities. Such grants shall not exceed fifty thousand dollars to each county agricultural and farmland protection board, and shall not exceed fifty percent of the cost of preparing an agricultural protection plan. may 2. A county agricultural and farmland protection board shall make application to the commissioner in such manner as the commissioner prescribe. Such application may be made at any time after the county agricultural and farmland protection board has formed and has elected a chairperson. 3. Upon receipt of a request for matching funds, the commissioner shall review the request, consult with the advisory council on agriculture and, within ninety days from the receipt of a complete application, shall make a determination as to whether or not such projects shall receive a grant. § 326. Promulgation of rules and regulations. The commissioner is empowered to promulgate such rules and regulations and to prescribe such forms as he or she deems necessary to effectuate the purposes of this article. § 17. Section 333 of the real property law is amended by adding a new subdivision 1-h to read as follows: 1-h. Conveyance of land within an agricultural district. Each conveyance of real property affecting land which is partially or wholly situated within an agricultural district established pursuant to the provisions of article twenty-five-AA of the agriculture and markets law that is presented to a recording officer shall, in addition to complying with the requirements of subdivision one-e of this section, indicate on a transfer report form prescribed by the state board of equalization and assessment whether the parcel is in an agricultural district and if So, that a disclosure notice has been provided pursuant to section three hundred thirty-three-c of this article, or that the parcel is not in agricultural district. Failure of the seller to provide such information to the buyer shall not prevent the recording officer from filing such deed. an § 18. The real property law is amended by adding a new section 333-c to read as follows: § 333-c. Lands in agricultural districts; disclosure. Prior to the sale, purchase, or exchange of real property located partially or wholly within an agricultural district established pursuant to the provisions of article twenty-five-AA of the agriculture and markets law, the prospective grantor shall deliver to the prospective grantee a notice which states the following: "It is the policy of this state and this community to conserve, protect and encourage the development and improvement of agricultural land for the production of food, and other products, and also for its natural and ecological value. This notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within an agricultural district and that farming activities occur within the district. Such farming activities may include, but not be limited to, activities that cause noise, dust and odors." § 19. Subdivision 2 of section 483 of the real property tax law is repealed and subdivisions 3, 4, 5, 6, 7, 8 and 9 are renumbered subdivisions 2, 3, 4, 5, 6, 7 and 8. હુ 20. Section 922 of the real property tax law is amended by adding a new subdivision 1-b to read as follows: 1-b. The collecting officer, upon request by the landowner receiving the agricultural assessment, shall disclose the dollar value of the reduction in the tax liability attributable to land receiving such agricultural assessment. 21. Section 1325 of the real property tax law, as amended by chapter 529 of the laws of 1990, is amended to read as follows: § 1325. Collecting officer in school district; third party notification notice. 1. The collecting officer shall further enclose with each statement of taxes described in sections one thousand three hundred twenty-two and one thousand three hundred twenty-four of this chapter a notice that any taxpayer who owns residential real property consisting of no more than three family dwelling units and who is age sixty-five or over or who is disabled is eligible for a third party notification procedure if desired. Such notice shall state that any eligible taxpayer wishing to participate in such procedure must designate an adult third party to receive notification, that the designated third party must consent to such notification, where the appropriate application form may be obtained, and that an application form must be filed with the collecting officer of the appropriate school district no later than a specific date, as chosen by resolution of the school authorities of such school district, which date shall be no earlier than sixty days prior to the levy of taxes by or on behalf of such school district. Duplicates of subsequent tax bills and notices of unpaid taxes shall be mailed to such third party until such time as the property owner or an administrator or executor of the estate of such property owner notifies the collecting officer in writing that third party procedure should cease or until such time as a change of ownership is indicated on the tax roll or the collecting officer receives notice of a change of ownership pursuant to section five hundred seventy-four of this chapter. The collecting officer shall mail an application form to any eligible taxpayer who requests the same and who includes a self-addressed, stamped envelope with such request. 2. The collecting officer, upon request by the landowner receiving the agricultural assessment, shall disclose the dollar value of the reduction in the tax liability attributable to land receiving such agricultural assessment. § 22. Subdivision 2 of section 1532 of the real property tax law is amended by adding two new paragraphs (d) and (e) to read as follows: (d) Provide to the county clerk, upon request, the tax map identification numbers of all parcels identified by the clerk as within an agricultural district; EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law (e) Identify to the county clerk by tax identification number, those parcels within the county which have received agricultural assessments within the past year. 3 of section 1532 of the real property tax law is amended by adding a new paragraph (d) to read as follows: § 23. Subdivision (d) Serve on a county agricultural and farmland protection board. § 24. Paragraph (a) of subdivision 13 of section 1901 of the real property tax law, as added by chapter 355 of the laws of 1990, is amended to read as follows: (a) "Homestead class" means (1) all one, two or three family dwelling residential real property, including such dwellings used in part for nonresidential purposes but which are used primarily for residential purposes, and farm dwellings[, and]; (2) all other residential real property consisting of more than three dwelling units held in condominium form of ownership, provided that, in other than approved assessing units which have adopted the provisions of section nineteen hundred three of this article prior to April thirtieth, nineteen hundred eightythree, no such dwelling unit previously was on an assessment roll as a dwelling unit in other than condominium form of ownership, and provided further that the governing body of an approved assessing unit which, prior to April thirtieth, nineteen hundred eighty-three, has adopted the provisions of section nineteen hundred three of this article may by local law adopted after a public hearing prior to the taxable status date of such assessing unit next occurring after December thirty-first, nineteen hundred eighty-three, provided that all such property on the assessment roll of such assessing unit on April thirtieth, nineteen hundred eighty-three shall not be classified in the homestead class; and (3) land used in agricultural production which is eligible for an agricultural assessment pursuant to section three hundred five or three hundred six of the agriculture and markets law, where the owner of such land has filed an annual application for an agricultural assessment, and farm buildings and structures thereon, as defined in subdivision three of section four hundred eighty-three of this chapter. § 25. The county agricultural and farmland protection boards created by section two of this act shall be deemed for all purposes to be a continuation of the agricultural district advisory committees as they were constituted immediately preceding the effective date of this act and shall not be construed as newly created boards. § 26. This act shall take effect on the ninetieth day after it shall have become a law and shall be applied to assessment rolls prepared on or after that date, except that any rules and regulations necessary for the timely implementation of this act on its effective date may be promulgated on or before such date provided, however, that subdivision 5 of section 306 of the agriculture and markets law as amended by section eleven of this act shall take effect on the same date as chapter 94 of the laws of 1992. CHAPTER 798 AN ACT to amend the education law, in relation to certifying the profession of athletic training Became a law August 7, 1992, 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. The education law is amended by adding a new article 162 to read as follows: ARTICLE 162 ATHLETIC TRAINERS Section 8350. Introduction. 8351. Definition. 8352. Definition of practice of athletic training. 8353. Use of the title "certified athletic trainer". 8354. State committee for athletic trainers. 8355. Requirements and procedure for professional certification. 8356. Special provisions. 8357. Non-liability of certified athletic trainers for first aid or emergency treatment. 8358. Separability. § 8350. Introduction. This article applies to the profession of athletic training. The general provisions of all professions contained in article one hundred thirty of this chapter shall apply to this article. § 8351. Definition. As used in this article "athletic trainer" means any person who is duly certified in accordance with this article to perform athletic training under the supervision of a physician and limits his or her practice to secondary schools, institutions of postsecondary education, professional athletic organizations, or a person who, under the supervision of a physician, carries out comparable functions on orthopedic athletic injuries in a health care organization. § 8352. Definition of practice of athletic training. The practice of the profession of athletic training is defined as the application of principles, methods and procedures for managing athletic injuries/ illnesses, which shall include the preconditioning, conditioning and reconditioning of an individual who has suffered an athletic injury through the use of appropriate preventative and supportive devices, der the supervision of a physician. Athletic training includes instruction to coaches, athletes, parents, medical personnel and communities in the area of care and prevention of athletic injuries. un § 8353. Use of the title "certified athletic trainer". Only a person certified or otherwise authorized under this article shall use the title "certified athletic trainer". § 8354. State committee for athletic trainers. A state committee for athletic trainers shall be appointed by the board of regents, upon the recommendation of the commissioner and shall assist on matters of certification and professional conduct in accordance with section six thousand five hundred eight of this title. The committee shall consist of five members who are athletic trainers certified in this state. The committee shall assist the state board for medicine in athletic training matters. Nominations and terms of office of the members of the state committee for athletic trainers shall conform to the corresponding provisions relating thereto for state boards under article one hundred thirty of this chapter. Notwithstanding the foregoing, the members of the first committee need not be certified prior to their appointment to the committee. § 8355. Requirements and procedure for professional certification. For certification as a certified athletic trainer under this article, an applicant shall fulfill the following requirements: 1. Application: file an application with the department; 2. Education: have received an education including a bachelor's, its equivalent or higher degree in accordance with the commissioner's regulations; 3. Experience: have experience in accordance with the commissioner's regulations; 4. Examination: pass an examination in accordance with the commissioner's regulations; 5. Age: be at least twenty-one years of age; and 6. Fees: pay a fee for an initial certificate of one hundred dollars to the department; and a fee of fifty dollars for each triennial registration period. § 8356. Special provisions. A person shall be certified without examination provided that, within three years of the effective date of this article, the individual: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |