Section 83-B. Legislative commission on dairy industry development

1. (a)
  The  legislature  hereby finds and declares that the dairy industry is a
  vital component of the economy of New York state and that continuing  to
  assure  the  sound  condition  of the dairy industry is important to the
  well-being of those people  of  the  state  who  are  employed  in  this
  business  sector  and to consumers of dairy products. The dairy industry
  of the state generates a retail value of well  over  three  and  a  half
  billion  dollars  annually  and  provides  employment for sixty thousand
  people in the production, processing and distribution  of  its  products
  through  to  the  retail  level. The importance of employment and income
  derived from the dairy industry is particularly  great  in  rural  local
  economies,  where  dairy production is usually the predominant industry.
  Milk is an important item in the food  budget  and  is  regarded  as  an
  indispensable  food  to  many  making  its  availability to consumers at
  reasonable prices of much importance.
    (b) The legislature  further  finds  that,  although  New  York  state
  remains  the  third  leading  state  in  milk production, concerns exist
  regarding the continued vitality of the state's dairy industry  and  the
  continued  availability  to  the consumers of the state of high quality,
  reasonably priced dairy products. Changes  in  consumption  preferences,
  calls   for   changes   in  marketing  practices  and  newly  developing
  technologies require the adaptation of all facets of the  state's  dairy
  industry if they are to maintain and enhance that industry's competitive
  position.  It  is  apparent  that  positive  efforts  are  warranted  to
  investigate these circumstances and to determine corrective  legislative
  action.
    2.  A  legislative  commission on dairy industry development is hereby
  established to: (a) review existing laws and regulations of New York and
  other states, as well as those of the federal government, pertaining  to
  the  dairy  industry, including, but not limited to fair trade practice,
  standards and labeling of dairy products and their imitations,  sanitary
  regulations,  testing and quality control, dairy promotion, organization
  of market orders, and interstate barriers to the free movement  of  milk
  amongst  the  states  of  the  northeast; (b) examine current and likely
  economic forces affecting the producer in order to  identify  causes  of
  and  remedies  for  the severe economic pressures which are affecting or
  which may affect the industry  and  dairy  farmers  in  particular;  (c)
  examine  the level of milk dealer and retail outlet margins to determine
  if such margins substantially exceed costs and a  reasonable  return  on
  investment;  (d)  examine  the  adequacy  of  availability  of  milk  to
  consumers at reasonable  prices,  and  for  the  reasons  for  the  wide
  variability  in  retail  milk prices in the various markets of the state
  and as between the various markets; (e) identify policies to  strengthen
  and  improve  the  organization and effectiveness of the dairy industry;
  (f) examine current research funding and research objectives  pertaining
  to  the  industry;  (g)  identify  equitable  regional dairy policies in
  consultation with the federal  market  administrator  and  officials  of
  other states as necessary; and (h) recommend, to the legislature, action
  as  it  determines necessary to stabilize and modernize the industry, to
  insure that the highest quality dairy products reach the consumer and to
  improve the competitive stance of the industry.
    3. The commission shall consist of ten  members  to  be  appointed  as
  follows: three members of the senate shall be appointed by the temporary
  president  of  the  senate;  three  members  of  the  assembly  shall be
  appointed by the speaker of the assembly;  two  members  of  the  senate
  shall be appointed by the minority leader of the senate; and two members
  of  the  assembly  shall  be  appointed  by  the  minority leader of the
  assembly. From among the members  as  appointed,  a  chairman  and  vice

  chairman  shall  be  appointed jointly by the temporary president of the
  senate and the speaker of the assembly. Any vacancy that occurs  in  the
  chairmanship,  vice  chairmanship  or other membership of the commission
  shall be filled in the same manner in which the original appointment was
  made.  No  member,  officer,  or  employee  of  the  commission shall be
  disqualified from holding any other public  office  or  employment,  nor
  shall  he  forfeit  any  such  office  or  employment  by  reason of his
  appointment hereunder, notwithstanding the provisions  of  any  general,
  special or local law, ordinance or city charter.
    4.  The commission may employ and at pleasure remove such personnel as
  it may deem necessary for the performance of the commission's  functions
  and  fix their compensation within the amount appropriated therefor. The
  commission may hold public and private hearings, and otherwise have  all
  of the powers of a legislative committee under this chapter. The members
  of  the  commission shall receive no compensation for their services but
  shall be allowed their actual and necessary  expenses  incurred  in  the
  performance of their duties hereunder.
    5.  Employees of the commission shall be considered to be employees of
  the legislature for all purposes.
    6. The commission may request and shall receive from any  subdivision,
  department,   board,   bureau,   commission,  office,  agency  or  other
  instrumentality of the state or of any  political  subdivision  thereof,
  such  facilities, assistance and data as it deems necessary or desirable
  for the proper execution of its powers and duties.
    7. The commission is hereby authorized and empowered to make and  sign
  any  agreements,  and  to do and perform any acts that may be necessary,
  desirable or proper to carry out the  purpose  and  objectives  of  this
  section.
    * NB Repealed June 30, 2010