[ ] is old law to be omitted.
LBD12670-03-4
S. 8305--B 2
amend the labor law, in relation to requiring certain employers
provide prenatal personal leave (Part M); to amend the workers'
compensation law and the insurance law, in relation to increasing
short-term disability and family leave benefits; and providing for the
repeal of certain provisions upon expiration thereof (Part N); inten-
tionally omitted (Part O); to amend the general business law, in
relation to establishing the New York child data protection act (Part
P); to amend the state finance law, in relation to eliminating the
alternate procedure for the payment of salaries for certain employees
and the withholding of five days of salary for certain employees (Part
Q); intentionally omitted (Part R); intentionally omitted (Part S);
intentionally omitted (Part T); to amend the general municipal law, in
relation to county-wide shared services panels (Part U); to amend the
public authorities law, in relation to bonds issued by the New York
city transitional finance authority (Part V); to amend the state
finance law, in relation to reforming the local government efficiency
grant program (Part W); to provide for the administration of certain
funds and accounts related to the 2023-2024 budget, authorizing
certain payments and transfers; to amend the state finance law, in
relation to the administration of certain funds and accounts, and in
relation to the effectiveness thereof; to amend part D of chapter 389
of the laws of 1997 relating to the financing of the correctional
facilities improvement fund and the youth facility improvement fund,
in relation to the issuance of certain bonds or notes; to amend the
private housing finance law, in relation to housing program bonds and
notes; to amend the public authorities law, in relation to the issu-
ance of bonds and notes by the dedicated highway and bridge trust
fund, to amend the public authorities law, in relation to the issuance
of bonds and notes for city university facilities; to amend the public
authorities law, in relation to the issuance of bonds for library
construction projects; to amend the public authorities law, in
relation to the issuance of bonds for state university educational
facilities; to amend the public authorities law, in relation to the
issuance of bonds and notes for locally sponsored community colleges;
to amend the New York state medical care facilities finance agency
act, in relation to the issuance of mental health services facilities
improvement bonds and notes; to amend part K of chapter 81 of the laws
of 2002, relating to providing for the administration of certain funds
and accounts related to the 2002-2003 budget, in relation to the issu-
ance of bonds and notes to finance capital costs related to homeland
security; to amend the New York state urban development corporation
act, in relation to the issuance of bonds and notes for purposes of
funding office of information technology services project costs; to
amend chapter 329 of the laws of 1991, amending the state finance law
and other laws relating to the establishment of the dedicated highway
and bridge trust fund, in relation to the issuance of funds to the
thruway authority; to amend the New York state urban development
corporation act, in relation to the issuance of bonds and notes to
fund costs for statewide equipment; to amend the public authorities
law, in relation to the issuance of bonds for purposes of financing
environmental infrastructure projects; to amend part D of chapter 389
of the laws of 1997, relating to the financing of the correctional
facilities improvement fund and the youth facility improvement fund,
in relation to the issuance of bonds and notes for the youth facili-
ties improvement fund; to amend the public authorities law, in
relation to the issuance of bonds and notes for the purpose of financ-
S. 8305--B 3
ing peace bridge projects and capital costs of state and local high-
ways; to amend the New York state urban development corporation act,
in relation to the issuance of bonds for economic development initi-
atives; to amend part Y of chapter 61 of the laws of 2005, relating to
providing for the administration of certain funds and accounts related
to the 2005-2006 budget, in relation to the issuance of bonds and
notes for the purpose of financing capital projects for the division
of military and naval affairs; to amend the New York state urban
development corporation act, in relation to the issuance of bonds for
special education and other educational facilities; to amend part D of
chapter 63 of the laws of 2005, relating to the composition and
responsibilities of the New York state higher education capital match-
ing grant board, in relation to increasing the amount of authorized
matching capital grants; to amend the public authorities law, in
relation to the issuance of bonds and notes for the purpose of financ-
ing the construction of the New York state agriculture and markets
food laboratory; to amend the New York state medical care facilities
finance agency act, in relation to including comprehensive psychiatric
emergency programs and housing for mentally ill persons in the defi-
nition of mental health services facility; to amend the state finance
law, in relation to the private sale of certain revenue bonds, and in
relation to including assets that provide a long-term interest in land
in the definition of fixed assets; to amend the public authorities
law, in relation to bond issuance charges; to amend the public author-
ities law, in relation to the issuance of bonds or notes for the
purpose of assisting the metropolitan transportation authority in the
financing of transportation facilities; and providing for the repeal
of certain provisions upon expiration thereof (Part X); intentionally
omitted (Part Y); to amend the election law, the education law, the
civil practice law and rules and the state finance law, in relation to
regulating public data maintained by county and city boards of
elections and establishing the New York voting and elections academic
center to maintain a statewide database of voting and election data
(Part Z); to amend the election law and the vehicle and traffic law,
in relation to joining multistate voter list maintenance organizations
(Part AA); to amend the general business law, in relation to the
management and oversight of personal data (Part BB); to amend the
state technology law, in relation to establishing the "secure our data
act" (Part CC); to amend the alcoholic beverage control law, in
relation to alcohol in certain motion picture theatres, and providing
for the expiration and repeal of such provisions upon the expiration
thereof (Part DD); to amend the alcoholic beverage control law, in
relation to direct interstate and intrastate cider shipments (Part
EE); to amend the real property tax law, in relation to subjecting
certain state lands in Ulster county to real property taxation (Part
FF); to amend the executive law, in relation to the collection of
certain demographic information by certain state agencies, boards,
departments and commissions (Part GG); to amend the executive law, the
public authorities law and the public buildings law, in relation to
the utilization of renewable energy at state-owned facilities in Alba-
ny (Part HH); to amend the retirement and social security law, in
relation to allowing beneficiaries of certain deceased members to
elect to receive death benefits in a lump sum (Part II); to amend the
retirement and social security law and the administrative code of the
city of New York, in relation to the calculation of the final average
salary for purposes of the calculation of a pension benefit (Part JJ);
S. 8305--B 4
to amend the state technology law, in relation to automated decision-
making by state agencies (Part KK); in relation to establishing the
New York state aid and incentives for municipalities redesign task
force; and providing for the repeal of such provisions upon expiration
thereof (Part LL); to amend the retirement and social security law, in
relation to certain disabilities of university police officers
appointed by the state university of New York (Part MM); to amend the
retirement and social security law, in relation to eligibility for
retirement benefits for certain members of the unified court system
(Part NN); to amend the retirement and social security law, in
relation to the establishment of twenty-five year retirement programs
for members of the New York city employees' retirement system employed
as fire protection inspectors and associate fire protection inspectors
(Part OO); to amend the retirement and social security law, in
relation to increasing the earning limitations for retired persons in
positions of public service (Part PP); to amend part HH of chapter 56
of the laws of 2022 amending the retirement and social security law
relating to waiving approval and income limitations on retirees
employed in school districts and board of cooperative educational
services, in relation to the effectiveness thereof (Part QQ); to amend
the executive law, in relation to establishing the office of racial
equity and social justice (Part RR); to amend the retirement and
social security law, in relation to member contributions to retirement
systems (Part SS); to amend the retirement and social security law, in
relation to the calculation of past service credit for police officers
employed by the division of law enforcement in the department of envi-
ronmental protection in the city of New York transferring between the
New York city employees' retirement system to the New York state and
local police and fire retirement system (Part TT); to amend the
retirement and social security law, in relation to establishing a
twenty year retirement plan for members or officers of law enforcement
(Part UU); to amend the executive law, in relation to establishing the
office of Native American affairs (Part VV); to amend the penal law,
in relation to the definition of value for the purposes of larceny
(Part WW); to amend the executive law, in relation to establishing an
organized retail crime task force (Part XX); to amend the public offi-
cers law, in relation to prohibiting reimbursement of campaign commit-
tees and legal defense funds for defense costs incurred on behalf of
state employees (Part YY); to amend the legislative law, in relation
to relieving reporting requirements on small nonprofits (Part ZZ); to
amend the correction law, in relation to available transportation for
correction facility visitation (Part AAA); to amend the criminal
procedure law, in relation to motions to vacate judgment; and to
repeal certain provisions of such law relating thereto (Part BBB); to
amend the judiciary law, in relation to audio-visual coverage of judi-
cial proceedings; and to repeal section 218 of the judiciary law and
section 52 of the civil rights law relating thereto (Part CCC); to
amend the correction law, in relation to incarcerated individuals with
a serious mental illness (Part DDD); to amend the county law and the
judiciary law, in relation to setting hourly rates for persons repres-
enting certain persons in court or before a magistrate (Part EEE); to
amend the estates, powers and trusts law, in relation to the payment
and distribution of damages in wrongful death actions (Part FFF);
directing the department of environmental conservation to conduct a
study on ecological restoration needs of Jamaica Bay (Part GGG); to
amend the penal law, the vehicle and traffic law, the executive law,
S. 8305--B 5
the correction law, the village law, the state finance law, and the
criminal procedure law, in relation to eliminating mandatory
surcharges for misdemeanors and violations; and to repeal certain
provisions of the vehicle and traffic law, relating thereto (Part
HHH); and to amend the workers' compensation law, in relation to
claims for mental injury premised upon extraordinary work-related
stress (Part III)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state public protection and general govern-
ment budget for the 2024-2025 state fiscal year. Each component is whol-
ly contained within a Part identified as Parts A through III. The effec-
tive date for each particular provision contained within such Part is
set forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Intentionally Omitted
PART B
Section 1. The penal law is amended by adding a new section 165.66 to
read as follows:
§ 165.66 FOSTERING THE SALE OF STOLEN GOODS.
A PERSON IS GUILTY OF FOSTERING THE SALE OF STOLEN GOODS WHEN SUCH
PERSON:
1. USES ANY INTERNET WEBSITE, APPLICATION, ONLINE MARKETPLACE, DIGITAL
SERVICE, OR ANY OTHER PLATFORM OR VENUE, INCLUDING ANY PHYSICAL BUILD-
ING, PUBLIC OR PRIVATE SPACE, OR LOCATION TO SELL STOLEN GOODS; AND
2. KNEW OR SHOULD HAVE KNOWN THAT SUCH GOODS WERE STOLEN OR UNLAWFULLY
OBTAINED.
FOSTERING THE SALE OF STOLEN GOODS IS A CLASS A MISDEMEANOR.
§ 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.
PART C
Intentionally Omitted
PART D
Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
the correction law, the governor is authorized to close up to five
correctional facilities of the department of corrections and community
supervision, in the state fiscal year 2024-2025, as the governor deter-
S. 8305--B 6
mines to be necessary for the cost-effective and efficient operation of
the correctional system, provided that the governor provides at least
180 days notice prior to any such closures to the temporary president of
the senate and the speaker of the assembly. Such notice shall include
the list of facilities the governor plans to close, the number of incar-
cerated individuals in said facilities, the number of staff working in
said facilities, and information regarding staff placement and staff
relocation efforts. The commissioner of corrections and community super-
vision shall also report in detail to the temporary president of the
senate and the speaker of the assembly an update on the results of staff
placement and staff relocation efforts within 60 days after such
closure.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024 and shall
expire and be deemed repealed March 31, 2025.
PART E
Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax
law, as amended by section 1 of part G of chapter 55 of the laws of
2022, is amended to read as follows:
(b) The sum of one million five hundred thousand dollars must be
deposited into the New York state emergency services revolving loan fund
annually; provided, however, that such sums shall not be deposited for
state fiscal years two thousand eleven--two thousand twelve, two thou-
sand twelve--two thousand thirteen, two thousand fourteen--two thousand
fifteen, two thousand fifteen--two thousand sixteen, two thousand
sixteen--two thousand seventeen, two thousand seventeen--two thousand
eighteen, two thousand eighteen--two thousand nineteen, two thousand
nineteen--two thousand twenty, two thousand twenty--two thousand twen-
ty-one, two thousand twenty-one--two thousand twenty-two, two thousand
twenty-two--two thousand twenty-three, [and] two thousand twenty-three-
-two thousand twenty-four, TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWEN-
TY-FIVE, AND TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX;
§ 2. This act shall take effect April 1, 2024.
PART F
Intentionally Omitted
PART G
Section 1. Subdivision 8 of section 10 of the cannabis law, as amended
by section 9 of part UU of chapter 56 of the laws of 2023, is amended to
read as follows:
8. To conduct regulatory inspections during normal business hours of
any place of business, including a vehicle OR STORAGE FACILITY used for
such business, where medical cannabis, adult-use cannabis, cannabis,
cannabis product, cannabinoid hemp, hemp extract products, or any
products marketed or labeled as such, are cultivated, processed, stored,
distributed or sold by any person holding a registration, license, or
permit under this chapter, or by any person who is engaging in activity
for which a license would be required under this chapter. For the
purposes of this subdivision, "place of business" shall not include a
residence or other real property not otherwise held out as open to the
S. 8305--B 7
public or otherwise being utilized in a business or commercial manner or
any private vehicle OR STORAGE FACILITY on or about the same such prop-
erty, unless probable cause exists to believe that such residence, real
property, or vehicle are being used in such business or commercial
manner for the activity described herein.
§ 2. Subdivisions 3 and 5 of section 11 of the cannabis law, as
amended by section 10 of part UU of chapter 56 of the laws of 2023, are
amended to read as follows:
3. To conduct regulatory inspections during normal business hours of
any place of business, including a vehicle OR STORAGE FACILITY used for
such business, where cannabis, cannabis product, cannabinoid hemp, hemp
extract products, or any products marketed or labeled as such, are
cultivated, processed, manufactured, DISTRIBUTED, STORED, or sold, irre-
spective of whether a registration, license, or permit has been issued
under this chapter. For the purposes of this subdivision, "place of
business" shall not include a residence or other real property not
otherwise held out as open to the public or otherwise being utilized in
a business or commercial manner or any private vehicle OR STORAGE FACIL-
ITY on or about the same such property, unless probable cause exists to
believe that such residence, real property, or vehicle are being used in
such business or commercial manner for the activity described herein.
5. To conduct regulatory inspections during normal business hours of
any registered, licensed or permitted place of business, including a
vehicle OR STORAGE FACILITY used for such business, where medical canna-
bis, adult-use cannabis, cannabinoid hemp, hemp extract products, or any
products marketed or labeled as such, are cultivated, processed, stored,
distributed or sold. For the purposes of this subdivision, "place of
business" shall not include a residence or other real property not
otherwise held out as open to the public or otherwise being utilized in
a business or commercial manner or any private vehicle OR STORAGE FACIL-
ITY on or about the same such property, unless probable cause exists to
believe that such residence, real property, or vehicle are being used in
such business or commercial manner for the activity described herein.
§ 3. Section 16 of the cannabis law is amended by adding a new subdi-
vision 7 to read as follows:
7. ANY ACTION OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION OR
SECTION SIXTEEN-A OF THIS ARTICLE OR SECTION ONE HUNDRED THIRTY-EIGHT-A
OF THIS CHAPTER MAY BE FILED UNDER TEMPORARY SEAL AND THE CLERK SHALL
PROVIDE A SEALED INDEX NUMBER UPON REQUEST OF THE OFFICE OR THE ATTORNEY
GENERAL. IF TEMPORARY SEALING CANNOT BE IMPLEMENTED VIA THE COURT'S
ELECTRONIC FILING SYSTEM, SUCH ACTION OR PROCEEDING SHALL BE PERMITTED
BY THE COURT TO BE FILED THROUGH HARD COPY.
§ 4. Section 16-a of the cannabis law, as added by section 12 of part
UU of chapter 56 of the laws of 2023, is amended to read as follows:
§ 16-a. Emergency relief. Following service of [a notice of violation
and] AN order requiring immediate cessation of unlicensed activity under
this chapter, the office of cannabis management, or the attorney gener-
al, at the request of and on behalf of the office, OR ANY COUNTY ATTOR-
NEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT AUTHORIZED PURSUANT TO
SUBDIVISION EIGHT OF THIS SECTION TO BRING AND MAINTAIN A CIVIL PROCEED-
ING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THIS SECTION, may
bring and maintain a civil proceeding in the supreme court of the county
in which the building or premises is located to permanently enjoin such
unlicensed activity when conducted, maintained, or permitted in such
building or premises, occupied as a place of business as described in
subdivision eight of section ten of this chapter, in violation of subdi-
S. 8305--B 8
vision one or one-a of section one hundred twenty-five of this chapter
or subdivision eight of section one hundred thirty-two of this chapter,
which shall constitute an unlicensed activity that presents a danger to
the public health, safety, and welfare, and shall also enjoin the person
or persons conducting or maintaining such unlicensed activity, in
accordance with the following procedures:
1. Proceeding for permanent injunction. (a) To the extent known, the
owner, lessor, and lessee of a building or premises wherein the unli-
censed activity is being conducted, maintained, or permitted shall be
made defendants in the proceeding. The venue of such proceeding shall be
in the county where the unlicensed activity is being conducted, main-
tained, or permitted OR IN ANY VENUE WHERE A RESPONDENT IS LOCATED. The
existence of an adequate remedy at law shall not prevent the granting of
temporary or permanent relief pursuant to this section.
(b) The proceeding shall name as defendants the building or premises
wherein the unlicensed activity is being conducted, maintained, or
permitted, by describing it by tax lot and street address and at least
one of the owners of some part of or interest in the property.
(c) In rem jurisdiction shall be complete over the building or prem-
ises wherein the unlicensed activity is being conducted, maintained, or
permitted by affixing the notice of petition OR ORDER TO SHOW CAUSE to
the door of the building or premises and by mailing the notice of peti-
tion OR ORDER TO SHOW CAUSE by certified or registered mail, return
receipt requested, to one of the owners of some part of or interest in
the property. Proof of service shall be filed [within two days] PROMPTLY
thereafter with the clerk of the court designated in the notice of peti-
tion OR ORDER TO SHOW CAUSE. In any county where e-filing is unavail-
able, proof of service may be mailed to the clerk. Service shall be
complete upon such filing or mailing.
(d) Defendants, other than the building or premises wherein the unli-
censed activity is being conducted, maintained, or permitted, shall be
served with the notice of petition OR ORDER TO SHOW CAUSE as provided in
the civil practice law and rules or pursuant to court order. No more
than thirty days prior to such service, the office shall mail a copy, by
certified mail, of any [prior notice of violation or letter or] order to
cease and desist relating to the unlicensed activity at the building or
premises to the person in whose name the real estate affected by the
proceeding is recorded in the office of the city register or the county
clerk, as the case may be, who shall be presumed to be the owner there-
of. Such mailing shall constitute notice to the owner and shall be
deemed to be complete upon such mailing by the office as provided above.
No more than fifteen days prior to such service, the office, [or] the
attorney general, at the request of and on behalf of the office of
cannabis management, OR ANY LOCAL GOVERNMENT AUTHORIZED PURSUANT TO
SUBDIVISION EIGHT OF THIS SECTION shall verify the ongoing occupancy of
any natural person who is a tenant of record and alleged to have caused
or permitted the unlicensed activity in the building or premises wherein
the unlicensed activity is alleged to have been conducted, maintained,
or permitted. [If at any time such defendants vacate such building or
premises, any action or proceeding filed in accordance with these proce-
dures relating to such building or premises shall be withdrawn.]
(e) With respect to any proceeding commenced or to be commenced pursu-
ant to this section by the office of cannabis management or the attorney
general, at the request of and on behalf of the office, may file a
notice of pendency pursuant to the provisions of article sixty-five of
the civil practice law and rules.
S. 8305--B 9
(f) The person in whose name the real estate affected by the proceed-
ing is recorded in the office of the city register or the county clerk,
as the case may be, shall be presumed to be the owner thereof. Upon
being served in a proceeding under this section, such owner shall, to
the extent known, provide to the office of cannabis management, within
three days, the names of any other owners, lessors and lessees of the
building or premises that is the subject of the proceeding. Thereafter,
such owners, lessors and lessees may be made parties to the proceeding.
(g) Whenever there is evidence that a person was the manager, opera-
tor, supervisor or, in any other way, in charge of the premises, at the
time the unlicensed activity was being conducted, maintained, or permit-
ted, such evidence shall be presumptive that [he or she was] THEY WERE
an agent or employee of the owner or lessee of the building or premises.
(h) A DEFENDANT SHALL FURNISH TO ANY OTHER PARTY, WITHIN FIVE DAYS
AFTER A DEMAND, A VERIFIED STATEMENT IDENTIFYING:
(I) IF THE RESPONDING PARTY IS A NATURAL PERSON, SUCH PARTY'S: (1)
FULL LEGAL NAME; (2) DATE OF BIRTH; (3) CURRENT HOME OR BUSINESS STREET
ADDRESS; AND (4) A UNIQUE IDENTIFYING NUMBER FROM: (A) AN UNEXPIRED
PASSPORT; (B) AN UNEXPIRED STATE DRIVER'S LICENSE; OR (C) AN UNEXPIRED
IDENTIFICATION CARD OR DOCUMENT ISSUED BY A STATE OR LOCAL GOVERNMENT
AGENCY OR TRIBAL AUTHORITY FOR THE PURPOSE OF IDENTIFICATION OF THAT
INDIVIDUAL;
(II) IF THE RESPONDING PARTY IS A PARTNERSHIP, LIMITED LIABILITY PART-
NERSHIP, LIMITED LIABILITY COMPANY, OR OTHER UNINCORPORATED ASSOCIATION,
INCLUDING A FOR PROFIT OR NOT-FOR-PROFIT MEMBERSHIP ORGANIZATION OR
CLUB, THE INFORMATION REQUIRED PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH FOR EACH OF ITS PARTNERS OR MEMBERS, AS WELL AS THE STATE OR
OTHER JURISDICTION OF ITS FORMATION;
(III) IF THE RESPONDING PARTY IS A CORPORATION, ITS STATE OR OTHER
JURISDICTION OF INCORPORATION, PRINCIPAL PLACE OF BUSINESS, AND ANY
STATE OR OTHER JURISDICTION OF WHICH THAT PARTY IS A CITIZEN;
(IV) IF THE RESPONDING PARTY IS NOT AN INDIVIDUAL, IN ADDITION TO ANY
INFORMATION PROVIDED PURSUANT TO SUBPARAGRAPHS (II) AND (III) OF THIS
PARAGRAPH, AND TO THE EXTENT NOT PREVIOUSLY PROVIDED, EACH BENEFICIAL
OWNER OF THE RESPONDING PARTY BY: (1) FULL LEGAL NAME; (2) DATE OF
BIRTH; (3) CURRENT HOME OR BUSINESS STREET ADDRESS; AND (4) A UNIQUE
IDENTIFYING NUMBER FROM: (A) AN UNEXPIRED PASSPORT; (B) AN UNEXPIRED
STATE DRIVER'S LICENSE; OR (C) AN UNEXPIRED IDENTIFICATION CARD OR DOCU-
MENT ISSUED BY A STATE OR LOCAL GOVERNMENT AGENCY OR TRIBAL AUTHORITY
FOR THE PURPOSE OF IDENTIFICATION OF THAT INDIVIDUAL. AS USED IN THIS
SUBPARAGRAPH, THE TERM "BENEFICIAL OWNER" SHALL HAVE THE SAME MEANING AS
DEFINED IN 31 U.S.C. § 5336(A)(3), AS AMENDED, AND ANY REGULATIONS
PROMULGATED THEREUNDER.
(I) If a finding is made that the defendant has conducted, maintained,
or permitted the unlicensed activity a penalty, to be included in the
judgment, may be awarded in an amount not to exceed ten thousand dollars
for each day it is found that the defendant intentionally conducted,
maintained or permitted the unlicensed activity. WITH REGARD TO ANY
DEFENDANT CONDUCTING THE REFERENCED UNLICENSED ACTIVITY, ANY SUCH PENAL-
TIES MAY BE AWARDED IN ADDITION TO ANY PENALTIES THAT MAY BE IMPOSED
PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THIS CHAPTER. Upon recov-
ery, such penalty shall be paid to the office of cannabis management, OR
TO THE COUNTY ATTORNEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT THAT
HAS BEEN AUTHORIZED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION TO
BRING AND MAINTAIN A CIVIL PROCEEDING IN ACCORDANCE WITH THE PROCEDURES
SET FORTH IN THIS SECTION.
S. 8305--B 10
2. Preliminary injunction. (a) Pending a proceeding for a permanent
injunction pursuant to this section the court may grant a preliminary
injunction enjoining the unlicensed activity and the person or persons
conducting, maintaining, or permitting the unlicensed activity from
further conducting, maintaining, or permitting the unlicensed activity,
where the public health, safety or welfare immediately requires the
granting of such injunction. A temporary closing order may be granted
pending a hearing for a preliminary injunction where it appears by clear
and convincing evidence that unlicensed activity within the scope of
this section is being conducted, maintained, or permitted and that the
public health, safety or welfare immediately requires the granting of a
temporary closing order. A temporary restraining order may be granted
pending a hearing for a preliminary injunction.
(b) A preliminary injunction shall be enforced by the office or, at
the request of the office, the attorney general. At the request of the
office, a police officer or peace officer with jurisdiction may also
enforce the preliminary injunction.
(c) The office or the attorney general shall show, by affidavit and
such other evidence as may be submitted, that there is a cause of action
for a permanent injunction abating unlicensed activity.
3. Temporary closing order. (a) If, on a motion for a preliminary
injunction alleging unlicensed activity as described in this section in
a building or premises used for commercial purposes only, the office or
the attorney general demonstrates by clear and convincing evidence that
such unlicensed activity is being conducted, maintained, or permitted
and that the public health, safety, or welfare immediately requires a
temporary closing order, a temporary order closing such part of the
building or premises wherein such unlicensed activity is being
conducted, maintained, or permitted may be granted without notice, pend-
ing order of the court granting or refusing the preliminary injunction
and until further order of the court. Upon granting a temporary closing
order, the court shall direct the holding of a hearing for the prelimi-
nary injunction at the earliest possible time but no later than [three]
TEN business days from the granting of such order; a decision on the
motion for a preliminary injunction shall be rendered by the court with-
in [three business] THIRTY CALENDAR days after the conclusion of the
hearing.
(b) Unless the court orders otherwise, a temporary closing order
together with the papers upon which it was based and a notice of hearing
for the preliminary injunction shall be personally served, in the same
manner as a summons as provided in the civil practice law and rules.
(c) [A temporary closing order shall only be issued prior to a hearing
on a preliminary injunction if the building or premises is used for
commercial purposes only.
(d)] No temporary closing order shall be issued against any building
or premises where, in addition to the unlicensed activity which is
alleged, activity that is licensed or otherwise lawful remains in place
AND THE UNLICENSED ACTIVITY IS MERELY A DE MINIMIS PART OF THE BUSINESS.
IN ASSESSING WHETHER UNLICENSED ACTIVITY WITHIN A BUILDING OR PREMISES
IS MORE THAN DE MINIMIS, THE COURT SHALL CONSIDER SUCH FACTORS AS: (I)
THE PRESENCE OF SIGNS OR SYMBOLS, INDOORS OR OUT, ADVERTISING UNLICENSED
ACTIVITY OR OTHERWISE INDICATING THAT CANNABIS IS SOLD ON THE PREMISES;
(II) INFORMATION SHARED IN ANY ADVERTISEMENTS OR OTHER MARKETING
CONTENT, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA, IN CONNECTION WITH
THE UNLICENSED ACTIVITY; (III) THE LAYOUT OF THE BUSINESS WITH REGARD TO
LAWFUL AND UNLICENSED ACTIVITIES OCCURRING ON THE PREMISES; AND (IV) AN
S. 8305--B 11
ASSESSMENT OF THE VOLUME OF CANNABIS, CANNABIS PRODUCTS, CANNABINOID
HEMP, HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH
AT SUCH PLACE OF BUSINESS. In addition, no temporary closing order shall
be issued against any building or premises which is used in part as
residence and pursuant to local law or ordinance is zoned and lawfully
occupied as a residence.
4. Temporary restraining order. (a) If, on a motion for a preliminary
injunction alleging unlicensed activity as described in this section in
a building or premises used for commercial purposes, the office or the
attorney general demonstrates by clear and convincing evidence that such
unlicensed activity is being conducted, maintained, or permitted and
that the public health, safety, or welfare immediately requires a tempo-
rary restraining order, a temporary restraining order may be granted
without notice restraining the defendants and all persons from removing
or in any manner interfering with the furniture, fixtures and movable
property used in conducting, maintaining or permitting such unlicensed
activity, including [adult-use] cannabis, CANNABIS PRODUCT, CANNABINOID
HEMP OR HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH
and from further conducting, maintaining or permitting such unlicensed
activity, pending order of the court granting or refusing the prelimi-
nary injunction and until further order of the court. Upon granting a
temporary restraining order, the court shall direct the holding of a
hearing for the preliminary injunction at the earliest possible time but
no later than three business days from the granting of such order; a
decision on the motion for a preliminary injunction shall be rendered by
the court within [three business] THIRTY CALENDAR days after the conclu-
sion of the hearing.
(b) Unless the court orders otherwise, a temporary restraining order
and the papers upon which it was based and a notice of hearing for the
preliminary injunction shall be personally served, in the same manner as
a summons as provided in the civil practice law and rules, UPON ANY
AGENT, EMPLOYEE, OR OTHER REPRESENTATIVE OF THE DEFENDANT BUSINESS PRES-
ENT AT THE TIME THE TEMPORARY RESTRAINING ORDER IS EFFECTUATED.
5. Temporary closing order; temporary restraining order; additional
enforcement procedures. (a) If on a motion for a preliminary injunction,
the office of cannabis management or the attorney general submits
evidence warranting both a temporary closing order and a temporary
restraining order, the court shall grant both orders.
(b) Upon the request of the office, any police officer or peace offi-
cer with jurisdiction may assist in the enforcement of a temporary clos-
ing order and temporary restraining order. ANY REFERENCE TO POLICE OFFI-
CER OR PEACE OFFICER IN THIS SUBDIVISION AND SUBDIVISIONS SIX AND SEVEN
OF THIS SECTION SHALL ALSO INCLUDE ANY INVESTIGATOR EMPLOYED BY THE
OFFICE OF THE ATTORNEY GENERAL.
(c) The police officer or peace officer serving a temporary closing
order or a temporary restraining order shall forthwith make and return
to the court an inventory of personal property situated in and used in
conducting, maintaining, or permitting the unlicensed activity within
the scope of this chapter and shall enter upon the building or premises
for such purpose. Such inventory shall be taken in any manner which is
deemed likely to evidence a true and accurate representation of the
personal property subject to such inventory including, but not limited
to photographing such personal property, EXCEPT THAT ANY CASH FOUND ON
THE PREMISES DURING SUCH INVENTORY SHALL BE INVENTORIED, SEIZED, AND
SECURED OFF PREMISES PENDING FURTHER ORDER OF THE COURT. ANY POLICE
OFFICER OR PEACE OFFICER, OR ANY REPRESENTATIVE OF THE OFFICE, SHALL BE
S. 8305--B 12
PERMITTED TO REVIEW AND COPY RECORDS, INCLUDING ELECTRONIC RECORDS
STORED ON CLOUD PLATFORMS.
(d) The police officer or peace officer serving a temporary closing
order shall, upon service of the order, command all persons present in
the building or premises to vacate the premises forthwith. Upon the
building or premises being vacated, the premises shall be securely
locked and all keys delivered to the officer serving the order who ther-
eafter [shall] MAY deliver the keys to the fee owner, lessor, or lessee
of the building or premises involved. If the fee owner, lessor, or
lessee is not at the building or premises when the order is being
executed, the officer shall securely padlock the premises and retain the
keys until the fee owner, lessor, or lessee of the building is ascer-
tained, in which event, the officer [shall] MAY deliver the keys to such
owner, lessor, or lessee OR RETAIN THEM PENDING FURTHER ORDER OF THE
COURT.
(e) Upon service of a temporary closing order or a temporary restrain-
ing order, the police officer or peace officer shall post a copy thereof
in a conspicuous place or upon one or more of the principal doors at
entrances of such premises where the unlicensed activity is being
conducted, maintained, or permitted. In addition, where a temporary
closing order has been granted, the officer shall affix, in a conspicu-
ous place or upon one or more of the principal doors at entrances of
such premises, a printed notice that the premises have been closed by
court order, which notice shall contain the legend "closed by court
order" in block lettering of sufficient size to be observed by anyone
intending or likely to enter the premises, the date of the order, the
court from which issued, and the name of the officer or agency posting
the notice. In addition, where a temporary restraining order has been
granted, the police officer or peace officer shall affix, in the same
manner, a notice similar to the notice provided for in relation to a
temporary closing order except that the notice shall state that certain
described activity is prohibited by court order and that removal of
property is prohibited by court order. Mutilation or removal of such a
posted order or such a posted notice while it remains in force, in addi-
tion to any other punishment prescribed by law, shall be punishable, on
conviction, by a fine of not more than five thousand dollars or by
imprisonment not exceeding ninety days, or by both, provided such order
or notice contains therein a notice of such penalty. Any police officer
or peace officer with jurisdiction may, upon the request of the office,
assist in the enforcement of this section.
6. Temporary closing order; temporary restraining order; defendant's
remedies. (a) A temporary closing order or a temporary restraining order
[shall] MAY be vacated, upon notice to the office AND TO ANY COUNTY
ATTORNEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT THAT MAY HAVE BEEN
AUTHORIZED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION TO BRING AND
MAINTAIN THE PROCEEDING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN
THIS SECTION, if [the] A defendant WHO IS THE FEE OWNER, LESSOR, OR
LESSEE OF THE BUILDING OR PREMISES shows by affidavit and such other
proof as may be submitted that the unlicensed activity within the scope
of this chapter has been abated AND THAT THEY ARE ALSO NOT AFFILIATED
WITH THE PERSON WHO IS CONDUCTING THE UNLICENSED ACTIVITY. An order
vacating a temporary closing order or a temporary restraining order
shall include a provision authorizing the office, OR ANY COUNTY ATTOR-
NEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT, AS APPLICABLE, to inspect
the building or premises which is the subject of a proceeding pursuant
to this subdivision, periodically without notice, during the pendency of
S. 8305--B 13
the proceeding for the purpose of ascertaining whether or not the unli-
censed activity has been resumed. Any police officer or peace officer
with jurisdiction may, upon the request of the office, assist in the
enforcement of an inspection provision of an order vacating a temporary
closing order or temporary restraining order.
(b) A temporary closing order or a temporary restraining order may be
vacated by the court, upon notice to the office, OR ANY COUNTY ATTORNEY,
CORPORATION COUNSEL, OR LOCAL GOVERNMENT, AS APPLICABLE, when [the] A
defendant ENTITLED TO REQUEST VACATUR PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION gives an undertaking and the court is satisfied that the
public health, safety, or welfare will be protected adequately during
the pendency of the proceeding. The undertaking shall be in an amount
equal to the assessed valuation of the building or premises where the
unlicensed activity is being conducted, maintained, or permitted or in
such other amount as may be fixed by the court. The defendant shall pay
to the office and the attorney general, in the event a judgment of
permanent injunction is obtained, their actual costs, expenses and
disbursements in bringing and maintaining the proceeding. In addition,
the defendant shall pay to the local government or law enforcement agen-
cy that provided assistance in enforcing any order of the court issued
pursuant to a proceeding brought under this section, its actual costs,
expenses and disbursements in assisting with the enforcement of the
proceeding.
7. Permanent injunction. (a) A judgment awarding a permanent injunc-
tion pursuant to this chapter shall direct that any illicit cannabis,
CANNABIS PRODUCT, CANNABINOID HEMP OR HEMP EXTRACT PRODUCT, OR ANY PROD-
UCT MARKETED OR LABELED AS SUCH seized shall be turned over to the
office of cannabis management or their authorized representative. The
judgment may further direct any police officer or peace officer with
jurisdiction to seize and remove from the building or premises all mate-
rial, equipment, and instrumentalities used in the creation and mainte-
nance of the unlicensed activity and shall direct the sale by the sher-
iff of any such property in the manner provided for the sale of personal
property under execution pursuant to the provisions of the civil prac-
tice law and rules, IF THE ESTIMATED VALUE OF THE PROPERTY EXCEEDS THE
ESTIMATED LAWFUL EXPENSES OF SUCH SALE, OR THE DISPOSAL OF THE PROPERTY
IF THE ESTIMATED VALUE OF THE PROPERTY DOES NOT EXCEED THE ESTIMATED
LAWFUL EXPENSES OF SUCH SALE. The net proceeds of any such sale, after
deduction of the lawful expenses involved, shall be paid to the general
fund of the state.
(b) A judgment awarding a permanent injunction pursuant to this chap-
ter may direct the closing of the building or premises by any police
officer or peace officer with jurisdiction to the extent necessary to
abate the unlicensed activity and shall direct any police officer or
peace officer with jurisdiction to post a copy of the judgment and a
printed notice of such closing conforming to the requirements of this
chapter. The closing directed by the judgment shall be for such period
as the court may direct but in no event shall the closing be for a peri-
od of more than one year from the posting of the judgment provided for
in this section. If the owner shall file a bond in the value of the
property ordered to be closed and submits proof to the court that the
unlicensed activity has been abated and will not be created, maintained,
or permitted for such period of time as the building or premises has
been directed to be closed in the judgment, AND ALSO SUBMITS PROOF THAT
THEY ARE ALSO NOT AFFILIATED WITH THE PERSON WHO IS CONDUCTING THE UNLI-
CENSED ACTIVITY, the court may vacate the provisions of the judgment
S. 8305--B 14
that direct the closing of the building or premises. A closing by a
police officer or peace officer with jurisdiction pursuant to the
provisions of this section shall not constitute an act of possession,
ownership, or control by such police officer or peace officer of the
closed premises.
(c) Upon the request of the office of cannabis management or its
authorized representative, OR ANY COUNTY ATTORNEY, CORPORATION COUNSEL,
OR LOCAL GOVERNMENT AUTHORIZED PURSUANT TO SUBDIVISION EIGHT OF THIS
SECTION TO BRING AND MAINTAIN A CIVIL PROCEEDING IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN THIS SECTION, any police officer or peace offi-
cer with jurisdiction may assist in the enforcement of a judgment award-
ing a permanent injunction entered in a proceeding brought pursuant to
this chapter.
(d) A judgment rendered awarding a permanent injunction pursuant to
this chapter shall be and become a lien upon the building or premises
named in the petition in such proceeding, such lien to date from the
time of filing a notice of lis pendens in the office of the clerk of the
county wherein the building or premises is located. Every such lien
shall have priority before any mortgage or other lien that exists prior
to such filing except tax and assessment liens.
(e) A judgment awarding a permanent injunction pursuant to this chap-
ter shall provide, in addition to the costs and disbursements allowed by
the civil practice law and rules, upon satisfactory proof by affidavit
or such other evidence as may be submitted, the actual costs, expenses
and disbursements of the office and the attorney general, OR OF ANY
COUNTY ATTORNEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT AUTHORIZED
PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION TO BRING AND MAINTAIN A
CIVIL PROCEEDING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THIS
SECTION, in bringing and maintaining the proceeding.
8. Civil proceedings. In addition to the authority granted in this
section to the office of cannabis management and the attorney general,
ANY county attorney, corporation counsel, or local government in which
such building or premises is located may[, after the office of cannabis
management grants permission in writing,] bring and maintain a civil
proceeding in the supreme court of the county in which the building or
premises is located to permanently enjoin the unlicensed activity
described in this section and the person or persons conducting or main-
taining such unlicensed activity, in accordance with the procedures set
forth in this section. The office shall be permitted to intervene as of
right in any such proceeding. Any such governmental entity which obtains
a permanent injunction pursuant to this chapter shall be awarded, in
addition to the costs and disbursements allowed by the civil practice
law and rules, upon satisfactory proof by affidavit or such other
evidence as may be submitted, ANY PENALTIES AWARDED PURSUANT TO PARA-
GRAPH (H) OF SUBDIVISION ONE OR PARAGRAPH (E) OF SUBDIVISION FIVE OF
THIS SECTION AND the actual costs, expenses and disbursements in bring-
ing and maintaining the proceeding. The authority provided by this
subdivision shall be in addition to, and shall not be deemed to diminish
or reduce, any rights of the parties described in this section under
existing law for any violation pursuant to this chapter or any other
law.
§ 5. Subdivision 3 of section 17 of the cannabis law, as amended by
section 13 of part UU of chapter 56 of the laws of 2023, is amended to
read as follows:
3. Notice and right of hearing as provided in the state administrative
procedure act shall be served at least fifteen days prior to the date of
S. 8305--B 15
the hearing, provided that, whenever because of danger to the public
health, safety or welfare it appears prejudicial to the interests of the
people of the state to delay action for fifteen days or with respect to
a violation of subdivision one or one-a of section one hundred twenty-
five of this chapter, the board may serve the respondent with an order
requiring certain action [or], the cessation of certain activities, OR
THE SEALING OF A PREMISES immediately or within a specified period of
less than fifteen days. WHENEVER A NOTICE OF VIOLATION OR ORDER HAS BEEN
SERVED, THE RESPONDENT SHALL BE PROVIDED AN OPPORTUNITY TO REQUEST A
HEARING PURSUANT TO THE PROCEDURES ESTABLISHED BY THE OFFICE AND IN
ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT AND THE
PROVISIONS OF THIS CHAPTER.
§ 6. Subdivisions 5, 6, 7 and 8 of section 17 of the cannabis law are
renumbered subdivisions 7, 8, 9 and 10 and two new subdivisions 5 and 6
are added to read as follows:
5. PRIOR TO A HEARING, A PARTY, OTHER THAN THE BOARD OR OFFICE, SHALL
FURNISH TO ANY OTHER PARTY, WITHIN FIVE DAYS AFTER A DEMAND, OR SOONER
IF THE HEARING IS SCHEDULED LESS THAN FIVE DAYS FROM THE DATE OF DEMAND,
A VERIFIED STATEMENT SETTING FORTH:
(A) IF THE RESPONDING PARTY IS A NATURAL PERSON, SUCH PARTY'S: (I)
FULL LEGAL NAME; (II) DATE OF BIRTH; (III) CURRENT HOME OR BUSINESS
STREET ADDRESS; AND (IV) A UNIQUE IDENTIFYING NUMBER FROM: (1) AN UNEX-
PIRED PASSPORT; (2) AN UNEXPIRED STATE DRIVER'S LICENSE; OR (3) AN UNEX-
PIRED IDENTIFICATION CARD OR DOCUMENT ISSUED BY A STATE OR LOCAL GOVERN-
MENT AGENCY OR TRIBAL AUTHORITY FOR THE PURPOSE OF IDENTIFICATION OF
THAT INDIVIDUAL;
(B) IF THE RESPONDING PARTY IS A PARTNERSHIP, LIMITED LIABILITY PART-
NERSHIP, LIMITED LIABILITY COMPANY, OR OTHER UNINCORPORATED ASSOCIATION,
INCLUDING A FOR PROFIT OR NOT-FOR-PROFIT MEMBERSHIP ORGANIZATION OR
CLUB, THE INFORMATION REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION FOR ALL OF ITS PARTNERS OR MEMBERS, AS WELL AS THE STATE OR OTHER
JURISDICTION OF ITS FORMATION;
(C) IF THE RESPONDING PARTY IS A CORPORATION, ITS STATE OR OTHER
JURISDICTION OF INCORPORATION, PRINCIPAL PLACE OF BUSINESS, AND ANY
STATE OR OTHER JURISDICTION OF WHICH THAT PARTY IS A CITIZEN;
(D) IF THE RESPONDING PARTY IS NOT AN INDIVIDUAL, IN ADDITION TO ANY
INFORMATION PROVIDED PURSUANT TO PARAGRAPHS (B) AND (C) OF THIS SUBDIVI-
SION, AND TO THE EXTENT NOT PREVIOUSLY PROVIDED, EACH BENEFICIAL OWNER
OF THE RESPONDING PARTY BY: (I) FULL LEGAL NAME; (II) DATE OF BIRTH;
(III) CURRENT HOME OR BUSINESS STREET ADDRESS; AND (IV) A UNIQUE IDENTI-
FYING NUMBER FROM: (1) AN UNEXPIRED PASSPORT; (2) AN UNEXPIRED STATE
DRIVER'S LICENSE; OR (3) AN UNEXPIRED IDENTIFICATION CARD OR DOCUMENT
ISSUED BY A STATE OR LOCAL GOVERNMENT AGENCY OR TRIBAL AUTHORITY FOR THE
PURPOSE OF IDENTIFICATION OF THAT INDIVIDUAL. AS USED IN THIS SECTION,
THE TERM "BENEFICIAL OWNER" SHALL HAVE THE SAME MEANING AS DEFINED IN 31
U.S.C. § 5336(A)(3), AS AMENDED, AND ANY REGULATIONS PROMULGATED THERE-
UNDER.
6. PRIOR TO A HEARING, THE OFFICE MAY, AT ITS DISCRETION, REQUEST A
STAY OF ANY PROCEEDING AND THE BOARD OR THOSE DESIGNATED BY THEM SHALL
GRANT SUCH REQUEST. THE INITIATION OF ANY ACTION, BY OR ON BEHALF OF THE
OFFICE, IN STATE OR FEDERAL COURT ON MATTERS DIRECTLY OR INDIRECTLY
RELATED TO THE SUBJECT OF ANY PENDING ADMINISTRATIVE PROCEEDING SHALL,
UPON A REQUEST BY THE OFFICE, PROVIDE SUFFICIENT BASIS FOR AN IMMEDIATE
STAY OF SUCH ADMINISTRATIVE PROCEEDING.
S. 8305--B 16
§ 7. Subdivision 8 of section 17 of the cannabis law, as amended by
section 13 of part UU of chapter 56 of the laws of 2023 and as renum-
bered by section six of this act, is amended to read as follows:
8. Following a hearing, the board may make appropriate determinations
and issue a final order in accordance therewith. ANY SUCH ORDER MAY
INCLUDE FINANCIAL PENALTIES AS WELL AS INJUNCTIVE RELIEF, INCLUDING AN
ORDER TO SEAL A PREMISES IN ACCORDANCE WITH SECTION ONE HUNDRED THIRTY-
EIGHT-B OF THIS CHAPTER. The respondent AND THE OFFICE shall have thirty
days to submit a written appeal to the board. If [the respondent does
not] ANY PARTY FAILS TO submit a written appeal within thirty days of
the determination of the board the order shall be final.
§ 8. Subdivision 1 of section 125 of the cannabis law is amended and a
new subdivision 1-b is added to read as follows:
1. No person shall cultivate, process, distribute for sale or sell at
wholesale or retail or deliver to consumers any cannabis, cannabis prod-
uct, medical cannabis or cannabinoid hemp or hemp extract product, OR
ANY PRODUCT MARKETED OR LABELED AS SUCH, within the state without
obtaining the appropriate registration, license, or permit therefor
required by this chapter unless otherwise authorized by law.
1-B. ANY ACTIVITY CONDUCTED IN VIOLATION OF SUBDIVISION ONE OR ONE-A
OF THIS SECTION CREATES A SIGNIFICANT RISK OF IMMINENT PHYSICAL HARM TO
NATURAL PERSONS, PRESENTS A DANGER TO PUBLIC HEALTH, SAFETY, OR WELFARE,
AND CONSTITUTES A PUBLIC NUISANCE.
§ 9. Section 131 of the cannabis law is amended by adding a new subdi-
vision 3 to read as follows:
3. ANY COUNTY, TOWN, CITY OR VILLAGE GOVERNING BODIES MAY ADOPT LOCAL
LAWS OR ORDINANCES PERTAINING TO UNLICENSED PERSONS SELLING CANNABIS,
CANNABIS PRODUCTS, OR ANY PRODUCT MARKETED OR LABELED AS SUCH IN A PLACE
OF BUSINESS WITHOUT OBTAINING THE APPROPRIATE REGISTRATION, LICENSE, OR
PERMIT THEREFOR, OR ENGAGING IN AN INDIRECT RETAIL SALE IN A PLACE OF
BUSINESS, PROVIDED THAT NO TWO SUCH LOCAL LAWS OR ORDINANCES SHALL
RELATE TO THE SAME GEOGRAPHIC REGION. ANY SUCH LAWS OR ORDINANCES SHALL
BE FILED WITH THE OFFICE PROMPTLY UPON ADOPTION, AND SHALL ESTABLISH A
LOCAL REGISTRY, WHICH SHALL MIRROR A LIST MAINTAINED BY THE OFFICE FOR
THIS PURPOSE, AS UPDATED, AND SHALL REFLECT THE CURRENT NAME AND ADDRESS
OF ALL REGISTERED ORGANIZATIONS, LICENSEES, OR PERMITTEES WITH LICENSED
OR PERMITTED PREMISES WITHIN THE GEOGRAPHICAL BOUNDARIES OF THE COUNTY,
TOWN, CITY, OR VILLAGE. SUCH LOCAL LAWS OR ORDINANCES SHALL ALSO DESIG-
NATE A LOCAL OFFICIAL WHO SHALL SERVE AS THE LIAISON TO THE OFFICE AND
WHO SHALL BE REQUIRED TO RECEIVE LOCAL REGISTRY UPDATES FROM THE OFFICE,
IMMEDIATELY ADOPT SUCH UPDATES, COORDINATE WITH THE OFFICE ON LOCAL
ENFORCEMENT EFFORTS, AND SEND MONTHLY REPORTS TO THE OFFICE IN A MANNER
AND FORMAT AS THE OFFICE SHALL REASONABLY PRESCRIBE DETAILING RECENT
ENFORCEMENT ISSUES AND, WHEN EXECUTING CLOSURE ORDERS, THE AMOUNT AND
NATURE OF THE PRODUCTS SEIZED. IN ADDITION, SUCH LOCAL LAWS OR ORDI-
NANCES MAY:
(A) ESTABLISH CIVIL PENALTIES FOR ANY PERSONS ENGAGING IN SELLING
CANNABIS, CANNABIS PRODUCTS, OR ANY PRODUCT MARKETED OR LABELED AS SUCH
IN A PLACE OF BUSINESS WITHOUT APPEARING ON THE LOCAL REGISTRY ADOPTED
PURSUANT TO LOCAL LAW OR ORDINANCE, OR ANY INDIRECT RETAIL SALES, WHICH
MAY INCLUDE FEES, FINES OR OTHER FINANCIAL PENALTIES OR OTHER REMEDIES,
INCLUDING CLOSURES OF THE PREMISES OR BUILDING WHERE SUCH RETAIL SALES
OR INDIRECT RETAIL SALES ARE TAKING PLACE, AND A PROCESS FOR ADJUDICAT-
ING ANY HEARINGS REQUIRED IN CONNECTION WITH THE ISSUANCE OF SUCH PENAL-
TIES; AND
S. 8305--B 17
(B) ESTABLISH A PROCESS BY WHICH THE COUNTY, TOWN, CITY, OR VILLAGE
SHALL EXECUTE ANY CLOSURE ORDERS, AND A PROCESS BY WHICH THE ENFORCING
ENTITY SHALL BE REQUIRED TO SEIZE ALL CANNABIS, CANNABIS PRODUCTS, AND
ANY PRODUCTS MARKETED OR LABELED AS SUCH, AND TO DESTROY SUCH PRODUCTS.
§ 10. Subdivisions 1 and 1-a of section 132 of the cannabis law,
subdivision 1 as amended and subdivision 1-a as added by section 17 of
part UU of chapter 56 of the laws of 2023, are amended to read as
follows:
1.(a) Any person who cultivates for sale, OFFERS TO SELL, or sells
cannabis, cannabis products, medical cannabis, or any product marketed
or labeled as such, without having an appropriate registration, license
or permit therefor, including a person whose registration, license, or
permit has been revoked, surrendered or cancelled, where such person is
engaging in activity for which a license would be required under this
chapter, may be subject to a civil penalty of not more than ten thousand
dollars for each day during which such violation continues and an addi-
tional civil penalty in an amount of no more than five times the revenue
from such prohibited sales or, in an amount of no more than three times
the projected revenue for any such product found in the possession of
such person based on the retail list price of such products; provided,
however, that any such person who engages in such activity from a resi-
dence or other real property not otherwise held out as open to the
public or otherwise being utilized in a business or commercial manner or
any private vehicle on or about same such property, and the quantity of
such product on such premises or vehicle does not exceed the limits of
personal use under article two hundred twenty-two of the penal law, may
be subject to a civil penalty of no more than five thousand dollars.
Provided, further, that where such person has been ordered to cease
such conduct pursuant to subdivision one of section one hundred thirty-
eight-a of this [chapter] ARTICLE, such person may be assessed a civil
penalty of no more than twenty thousand dollars per day for each day
during which such violation continues after receiving such order in
addition to the additional civil penalties set forth above; provided,
however, that any such person who engages in such activity from a resi-
dence or other real property not otherwise held out as open to the
public or otherwise being utilized in a business or commercial manner or
any private vehicle on or about same such property, and the quantity of
such product on such premises or vehicle does not exceed the limits of
personal use under article two hundred twenty-two of the penal law, may
be subject to a civil penalty of no more than ten thousand dollars.
(b) If a person engaging in the conduct described in paragraph (a) of
this subdivision[,] or subdivision one-a of this section refuses to
permit the office or the board from performing a regulatory inspection,
such person may be assessed a civil penalty of up to [four] TWENTY thou-
sand dollars for a first refusal and up to [eight] FORTY thousand
dollars for a second or subsequent refusal within three years of a prior
refusal. If the office or board is not permitted access for a regulatory
inspection pursuant to section ten or section eleven of this chapter, as
applicable, by such person, the attorney general, upon the request of
the office or the board, shall be authorized to apply, without notice to
such person, to the supreme court in the county in which the place of
business is located for an order granting the office or board access to
such place of business. The court may grant such an order if it deter-
mines, based on evidence presented by the attorney general, that there
is reasonable cause to believe that such place of business is a place of
S. 8305--B 18
business which does not possess a valid registration, license, or permit
issued by the office or board.
(c) In assessing the civil penalties under this subdivision OR SUBDI-
VISION ONE-A OF THIS SECTION, the board or office shall take into
consideration the nature of such violation and shall assess a penalty
that is proportionate to the violation; PROVIDED, HOWEVER, THAT AN AFFI-
DAVIT FROM A REPRESENTATIVE OF THE OFFICE, THE OFFICE OF THE ATTORNEY
GENERAL, OR A LOCAL GOVERNMENT, OR A LOCAL POLICE OFFICER CONFIRMING THE
PRESENCE OF CONDUCT DESCRIBED IN THIS SUBDIVISION OR SUBDIVISION ONE-A
FOLLOWING AN INSPECTION BY THE OFFICE AFTER THE OFFICE HAS ORDERED SUCH
CONDUCT TO CEASE SHALL BE SUFFICIENT TO ESTABLISH A PRIMA FACIE CASE
THAT SUCH CONDUCT HAD BEEN CONTINUING FOR EACH BUSINESS DAY BETWEEN THE
INITIAL INSPECTION AND THE LAST OBSERVED OR OTHERWISE DOCUMENTED
CONDUCT, AND SHALL REQUIRE THE IMPOSITION OF THE MAXIMUM PER DAY PENALTY
PERMITTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION, AND THE DOCUMENTED
PRESENCE OF SUCH CONDUCT UPON OR AT THE COMPLETION OF AN ADMINISTRATIVE
INSPECTION OR INVESTIGATION SHALL REQUIRE THE ASSESSMENT OF THE MAXIMUM
PENALTY PERMITTED UNDER PARAGRAPH (B) OF THIS SUBDIVISION.
1-a. Any person [found to have] WHO engaged in indirect retail sale in
violation of subdivision one-a of section one hundred twenty-five of
this [chapter] ARTICLE, shall be subject to a civil penalty in an amount
equaling the lesser of three times the revenue for such indirect retail
sales or up to two thousand five hundred dollars for each such sale,
provided, however, that where such conduct also constitutes a violation
of subdivision one of this section, such person may only be subject to
the civil penalties under one such subdivision, and provided, further,
that where such person has been ordered to cease such conduct pursuant
to subdivision one of section one hundred thirty-eight-a of this arti-
cle, such person may be assessed a civil penalty of up to five thousand
dollars for each day during which such violation continues in addition
to any civil penalties set forth above.
§ 11. Subdivisions 2, 4 and 5 of section 138-a of the cannabis law,
subdivision 2 as added and subdivisions 4 and 5 as amended by section 20
of part UU of chapter 56 of the laws of 2023, are amended and eight new
subdivisions 6, 7, 8, 9, 10, 11, 12 and 13 are added to read as follows:
2. seize any cannabis, cannabis product, cannabinoid hemp or hemp
extract product, or any product marketed or labeled as such, found in
the possession of a person engaged in the conduct described in subdivi-
sion one of this section AND THEIR PLACE OF BUSINESS, INCLUDING A VEHI-
CLE OR STORAGE FACILITY USED FOR SUCH BUSINESS;
4. seek injunctive relief against any person engaging in conduct in
violation of this section; [and]
5. request that the attorney general obtain judicial enforcement of an
order issued under subdivision one of this section or bring an action or
proceeding for any relief otherwise authorized under this chapter for a
violation of this chapter, including the recovery of any applicable
civil penalties[.];
6. IN CONNECTION WITH ANY REGULATORY INSPECTION OR INVESTIGATION OR
ACTION THEREAFTER, REVIEW, SEIZE AND COPY RECORDS, INCLUDING ELECTRONIC
RECORDS STORED ON CLOUD PLATFORMS, WHICH MAY ESTABLISH THE DURATION OR
EXTENT OF ANY UNLAWFUL OPERATION;
7. IN CONNECTION WITH ANY ACTION OR PROCEEDING AUTHORIZED BY THIS
CHAPTER, REQUEST THAT THE ATTORNEY GENERAL OR ANY POLICE OFFICER OR
PEACE OFFICER SEIZE OR REMOVE ALL MATERIAL, EQUIPMENT, AND INSTRUMENTAL-
ITIES USED IN THE CREATION AND MAINTENANCE OF THE CONDUCT DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION;
S. 8305--B 19
8. IN CONNECTION WITH ANY INSPECTION OR SUBSEQUENT INVESTIGATION OF A
PERSON ENGAGED IN THE CONDUCT DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION, ISSUE SUBPOENAS TO ANY OWNERS, MANAGERS, OR EMPLOYEES OF SUCH
PERSON FOR INFORMATION REGARDING THE PERSON AND THE CONDUCT;
9. WITH THE ASSISTANCE OF LAW ENFORCEMENT, SEIZE OR IMPOUND OTHER
PROPERTY USED IN FURTHERANCE OF THE CONDUCT DESCRIBED IN SUBDIVISION ONE
OF THIS SECTION;
10. UPON AN EX PARTE ORDER TO A COURT, REQUEST THE COURT TO ISSUE A
RESTRAINING ORDER FREEZING LIQUID ASSETS TO ENFORCE THE PROVISIONS OF
THIS SECTION AND SECTION SIXTEEN-A OF THIS CHAPTER AND SECTION ONE
HUNDRED THIRTY-TWO OF THIS ARTICLE;
11. IN ACCORDANCE WITH THE PROCEDURES OUTLINED IN SECTION ONE HUNDRED
THIRTY-EIGHT-B OF THIS CHAPTER, ISSUE AND EXECUTE AN ORDER TO SEAL A
BUILDING OR PREMISES OF ANY UNLICENSED BUSINESSES IN WHICH ANY PERSON IS
ENGAGED IN CONDUCT IN VIOLATION OF THIS SECTION OR SECTION ONE HUNDRED
TWENTY-FIVE OR ONE HUNDRED THIRTY-TWO OF THIS ARTICLE;
12. UPON RECEIPT OF ONE OR MORE COMPLAINTS THAT A PERSON IS ENGAGED IN
CONDUCT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, APPLY OR REQUEST
THAT THE ATTORNEY GENERAL APPLY, WITHOUT NOTICE TO SUCH PERSON, TO THE
SUPREME COURT IN THE COUNTY IN WHICH THE PLACE OF BUSINESS IS LOCATED
FOR AN ORDER GRANTING THE OFFICE OR BOARD ACCESS TO SUCH PLACE OF BUSI-
NESS. THE COURT MAY GRANT SUCH AN ORDER IT IF DETERMINES, BASED ON
EVIDENCE PRESENTED BY THE ATTORNEY GENERAL, THAT THERE IS REASONABLE
CAUSE TO BELIEVE THAT SUCH PLACE OF BUSINESS IS THE SAME PLACE OF BUSI-
NESS FOR WHICH THE OFFICE HAS RECEIVED SUCH COMPLAINTS. UPON INSPECTION,
SUCH PERSON MAY BE ASSESSED A CIVIL PENALTY OF UP TO TEN THOUSAND
DOLLARS UNLESS THE PERSON PROVIDES BOOKS AND RECORDS TO THE OFFICE INDI-
CATING THAT ALL TRANSACTIONS AT THE PLACE OF BUSINESS DO NOT CONSTITUTE
ACTIVITIES DESCRIBED IN SUBDIVISION ONE OF THIS SECTION; AND
13. IF ANY PENALTY IS NOT PAID WITHIN SIX MONTHS, ENTER THE AMOUNT
THEREOF AS A JUDGMENT IN THE OFFICE OF THE CLERK OF THE COUNTY OF ALBANY
AND IN ANY OTHER COUNTY IN WHICH THE PERSON RESIDES, HAS A PLACE OF
BUSINESS, OR THROUGH WHICH IT OPERATES. IF SUCH JUDGMENT HAS NOT BEEN
SATISFIED WITHIN THIRTY DAYS THEREAFTER, NO LICENSE, REGISTRATION, OR
PERMIT SHALL BE ISSUED BY THE BOARD TO SUCH PERSON FOR THREE YEARS THER-
EAFTER.
§ 12. The cannabis law is amended by adding a new section 138-b to
read as follows:
§ 138-B. ORDERS TO SEAL. 1. IN ADDITION TO ANY OTHER AUTHORITY
CONFERRED IN THIS CHAPTER, PURSUANT TO THE PROVISIONS OF THIS SECTION,
THE BOARD OR THE OFFICE SHALL HAVE THE AUTHORITY TO SEAL THE BUILDING OR
PREMISES, INCLUDING THE STORAGE FACILITY, OF ANY BUSINESSES ENGAGED IN
UNLICENSED ACTIVITY, WHEN SUCH ACTIVITY IS CONDUCTED, MAINTAINED, OR
PERMITTED IN SUCH BUILDING OR PREMISES, OCCUPIED AS A PLACE OF BUSINESS
AS DESCRIBED IN SUBDIVISION EIGHT OF SECTION TEN OF THIS CHAPTER, IN
VIOLATION OF SUBDIVISION ONE OR ONE-A OF SECTION ONE HUNDRED TWENTY-FIVE
OR SUBDIVISIONS ONE OR EIGHT OF SECTION ONE HUNDRED THIRTY-TWO OF THIS
ARTICLE.
2. UPON SERVICE OF A NOTICE OF VIOLATION AND ORDER REQUIRING IMMEDIATE
CESSATION OF UNLICENSED ACTIVITY PURSUANT TO SECTION ONE HUNDRED THIR-
TY-EIGHT-A OF THIS ARTICLE, THE OFFICE MAY ISSUE AN ORDER TO SEAL ANY
BUILDING OR PREMISES INVOLVED IN THE UNLICENSED ACTIVITY IN ACCORDANCE
WITH SUBDIVISION ONE OF THIS SECTION. SUCH ORDER TO SEAL SHALL BE SERVED
AND POSTED IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND REGU-
LATIONS PROMULGATED BY THE BOARD, SHALL BE MADE EFFECTIVE ON THE
FIFTEENTH CALENDAR DAY AFTER THE DELIVERY AND POSTING OF SUCH ORDER, AND
S. 8305--B 20
SHALL CONTAIN NOTICE OF THE RIGHT TO REQUEST A HEARING WITHIN FOURTEEN
DAYS OF DELIVERY AND POSTING OF SUCH ORDER TO SEAL. IF A HEARING IS
REQUESTED WITHIN SUCH FOURTEEN-DAY PERIOD, THE ORDER SHALL BE EFFECTIVE
AS SET FORTH IN THE DETERMINATION OF THE BOARD OR THEIR DESIGNEE. IF NO
HEARING IS REQUESTED WITHIN SUCH FOURTEEN-DAY PERIOD, THE ORDER SHALL BE
EFFECTIVE AS NOTICED ON THE ORDER.
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
THE OFFICE MAY ISSUE AN ORDER TO SEAL WITH AN IMMEDIATE EFFECTIVE DATE
IF SUCH ORDER IS BASED UPON A FINDING BY THE OFFICE OF AN IMMINENT
THREAT TO THE PUBLIC HEALTH OR SAFETY. IN SUCH CASES A HEARING SHALL BE
HELD WITHIN THREE BUSINESS DAYS OF A REQUEST FOR SUCH HEARING, UNLESS
OTHERWISE ADJOURNED BY AGREEMENT OF THE PARTIES, AND A DETERMINATION
SHALL BE RENDERED WITHIN FOUR BUSINESS DAYS OF THE CONCLUSION OF SUCH
HEARING.
4. THE FINDING OF WHETHER AN IMMINENT THREAT TO THE PUBLIC HEALTH OR
SAFETY EXISTS SHALL BE BASED ON FACTORS THAT INCLUDE BUT ARE NOT LIMITED
TO:
(A) DOCUMENTED SALES TO MINORS;
(B) UNLICENSED PROCESSING OF CANNABIS PRODUCTS AT THE BUILDING OR
PREMISES;
(C) SALES OF PRODUCTS GROWN, PROCESSED, OR PACKAGED IN ANOTHER STATE,
OR LABELED AS SUCH;
(D) ORDERS ISSUED FOLLOWING ISSUANCE OF AN ORDER BY A COURT TO INSPECT
THE BUILDING OR PREMISES;
(E) ORDERS ISSUED FOLLOWING AN INSPECTION WHEREIN THE PERSON ENGAGED
IN THE UNLICENSED ACTIVITY ENGAGED IN VIOLENT, TUMULTUOUS, OR OTHER
BEHAVIORS INDICATING EXPRESSED INTENT TO NOT COMPLY WITH THE OFFICE'S
ORDER TO CEASE THE UNLICENSED ACTIVITY;
(F) DOCUMENTED PRESENCE OF UNLAWFUL FIREARMS AT THE BUILDING OR PREM-
ISES;
(G) PROXIMITY OF THE BUILDING OR PREMISES TO LOCATIONS SUCH AS
SCHOOLS, HOUSES OF WORSHIP, OR PUBLIC YOUTH FACILITIES; OR
(H) OTHER FACTORS THAT THE BOARD MAY ESTABLISH BY RULE OR REGULATION
PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
SUCH ORDERS TO SEAL SHALL BE SERVED IN THE SAME MANNER AS THE NOTICE
OF VIOLATION AND ORDER TO CEASE UNLICENSED ACTIVITY.
5. NOTWITHSTANDING THE FACTORS LISTED IN SUBDIVISION FOUR OF THIS
SECTION, THE OFFICE MAY ISSUE AN ORDER TO SEAL WITH AN IMMEDIATE EFFEC-
TIVE DATE UPON A SECOND, THIRD, OR FOURTH INSPECTION IN WHICH UNLICENSED
ACTIVITY IS CONFIRMED TO BE CONTINUING MORE THAN TEN CALENDAR DAYS AFTER
A NOTICE OF VIOLATION AND ORDER TO CEASE UNLICENSED ACTIVITY WAS PREVI-
OUSLY ISSUED BY THE OFFICE.
6. AN ORDER TO SEAL MAY BE ISSUED BY THE OFFICE OR THE BOARD PURSUANT
TO SUBDIVISION THREE OF THIS SECTION ONLY IF: (A) NO PART OF THE BUILD-
ING OR PREMISES TO BE SEALED IS USED IN PART AS A RESIDENCE AND PURSUANT
TO LOCAL LAW OR ORDINANCE IS ZONED AND LAWFULLY OCCUPIED AS A RESIDENCE;
AND (B) THE UNLICENSED ACTIVITY AS DESCRIBED IN THIS SECTION IS MORE
THAN A DE MINIMIS PART OF THE BUSINESS ACTIVITY ON THE PREMISES OR IN
THE BUILDING TO BE SEALED PURSUANT TO THE ORDER.
7. IN ASSESSING WHETHER UNLICENSED ACTIVITY WITHIN A BUILDING OR PREM-
ISES IS MORE THAN DE MINIMIS, THE OFFICE OR BOARD, AS RELEVANT, SHALL
CONSIDER SUCH FACTORS AS:
(A) THE PRESENCE OF SIGNS OR SYMBOLS, INDOORS OR OUT, ADVERTISING THE
SALE OF CANNABIS OR OTHERWISE INDICATING THAT CANNABIS IS SOLD ON THE
PREMISES;
S. 8305--B 21
(B) INFORMATION SHARED IN ANY ADVERTISEMENTS OR OTHER MARKETING
CONTENT IN CONNECTION WITH THE UNLICENSED BUSINESS AND ANY DIRECT OR
INDIRECT SALES OF CANNABIS OR OTHER CONDUCT IN VIOLATION OF THIS CHAP-
TER; AND
(C) AN ASSESSMENT OF THE VOLUME OF ILLICIT CANNABIS PRODUCTS ON SITE.
8. UPON A REQUEST BY THE OFFICE, ANY POLICE OFFICER OR PEACE OFFICER
WITH JURISDICTION MAY ASSIST IN THE ENFORCEMENT OF AN ORDER TO SEAL
ISSUED BY THE OFFICE OR THE BOARD, IN ACCORDANCE WITH THE FOLLOWING
PROCEDURES:
(A) THE POLICE OFFICER OR PEACE OFFICER SERVING AND EXECUTING THE
ORDER TO SEAL SHALL FORTHWITH MAKE AND RETURN TO THE OFFICE AN INVENTORY
OF PERSONAL PROPERTY SITUATED IN AND USED IN CONDUCTING, MAINTAINING, OR
PERMITTING THE UNLICENSED ACTIVITY WITHIN THE SCOPE OF THIS CHAPTER AND
SHALL ENTER UPON THE BUILDING OR PREMISES FOR SUCH PURPOSE. SUCH INVEN-
TORY SHALL BE TAKEN IN ANY MANNER WHICH IS DEEMED LIKELY TO EVIDENCE A
TRUE AND ACCURATE REPRESENTATION OF THE PERSONAL PROPERTY SUBJECT TO
SUCH INVENTORY INCLUDING, BUT NOT LIMITED TO PHOTOGRAPHING SUCH PERSONAL
PROPERTY.
(B) THE POLICE OFFICER OR PEACE OFFICER SERVING AND EXECUTING THE
ORDER TO SEAL SHALL ENTER THE BUILDING OR PREMISES AND, UPON SERVICE OF
THE ORDER, COMMAND ALL PERSONS PRESENT IN THE BUILDING OR PREMISES TO
VACATE THE PREMISES FORTHWITH. UPON THE BUILDING OR PREMISES BEING
VACATED, THE PREMISES SHALL BE SECURELY LOCKED AND ALL KEYS DELIVERED TO
THE OFFICER SERVING THE ORDER WHO THEREAFTER SHALL DELIVER THE KEYS TO
THE FEE OWNER, LESSOR, OR LESSEE OF THE BUILDING OR PREMISES INVOLVED.
IF THE FEE OWNER, LESSOR, OR LESSEE IS NOT AT THE BUILDING OR PREMISES
WHEN THE ORDER IS BEING EXECUTED, THE OFFICER SHALL SECURELY PADLOCK THE
PREMISES AND RETAIN THE KEYS UNTIL THE FEE OWNER, LESSOR, OR LESSEE OF
THE BUILDING IS ASCERTAINED, IN WHICH EVENT, THE OFFICER SHALL DELIVER
THE KEYS TO SUCH FEE OWNER, LESSOR, OR LESSEE.
(C) UPON SERVICE AND EXECUTION OF THE ORDER TO SEAL, THE POLICE OFFI-
CER OR PEACE OFFICER SHALL POST A COPY THEREOF IN A CONSPICUOUS PLACE OR
UPON ONE OR MORE OF THE PRINCIPAL DOORS AT ENTRANCES OF SUCH PREMISES
WHERE THE UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMIT-
TED. IN ADDITION, THE OFFICER SHALL AFFIX, IN A CONSPICUOUS PLACE OR
UPON ONE OR MORE OF THE PRINCIPAL DOORS AT ENTRANCES OF SUCH PREMISES, A
PRINTED NOTICE THAT THE PREMISES HAVE BEEN CLOSED BY ORDER OF THE CANNA-
BIS CONTROL BOARD, AND THE NAME OF THE OFFICER OR AGENCY POSTING THE
NOTICE.
(D) MUTILATION OR REMOVAL OF SUCH A POSTED ORDER OR SUCH A POSTED
NOTICE WHILE IT REMAINS IN FORCE, IN ADDITION TO ANY OTHER PUNISHMENT
PRESCRIBED BY LAW, SHALL BE PUNISHABLE, ON CONVICTION, BY A FINE OF NOT
MORE THAN FIVE THOUSAND DOLLARS OR BY IMPRISONMENT NOT EXCEEDING NINETY
DAYS, OR BY BOTH, PROVIDED SUCH ORDER OR NOTICE CONTAINS THEREIN A
NOTICE OF SUCH PENALTY. SUCH PENALTY SHALL BE ENFORCED BY THE BOARD OR,
UPON A REQUEST BY THE OFFICE, THE OFFICE OF THE ATTORNEY GENERAL OR BY A
COURT OF COMPETENT JURISDICTION.
(E) MUTILATION OR REMOVAL OF THE SECURE PADLOCK WHILE THE ORDER TO
SEAL REMAINS IN PLACE SHALL BE PUNISHABLE, UPON CONVICTION, BY A FINE OF
NOT MORE THAN TWENTY THOUSAND DOLLARS OR BY A CLASS E FELONY, OR BOTH.
THE OFFICE SHALL ALSO ADHERE TO THESE PROCEDURES WHEN EXECUTING AN
ORDER TO SEAL ISSUED IN ACCORDANCE WITH THIS SECTION.
9. ANY ORDER TO SEAL ISSUED BY THE OFFICE OR THE BOARD SHALL BE EFFEC-
TIVE FOR ONE YEAR FROM THE POSTING OF THE JUDGMENT PROVIDED FOR IN THIS
SECTION. AN ORDER TO SEAL MAY BE VACATED BY THE OFFICE OR THE BOARD,
UPON NOTICE TO THE OFFICE, IF THE RESPONDENT SHOWS BY AFFIDAVIT AND SUCH
S. 8305--B 22
OTHER PROOF AS MAY BE SUBMITTED BY THE RESPONDENT THAT THE UNLICENSED
ACTIVITY HAS BEEN ABATED. AN ORDER VACATING A PREVIOUSLY ISSUED ORDER TO
SEAL SHALL INCLUDE A PROVISION AUTHORIZING THE OFFICE, OR ANY POLICE
OFFICER OR PEACE OFFICER WHO ASSISTED WITH THE EXECUTION OF THE ORDER TO
SEAL, TO INSPECT THE BUILDING OR PREMISES PERIODICALLY WITHOUT NOTICE
FOR THE PURPOSE OF ASCERTAINING WHETHER OR NOT THE UNLICENSED ACTIVITY
HAS BEEN RESUMED. ANY POLICE OFFICER OR PEACE OFFICER WITH JURISDICTION
MAY, UPON THE REQUEST OF THE OFFICE, ASSIST IN THE ENFORCEMENT OF AN
INSPECTION PROVISION OF AN ORDER VACATING AN ORDER TO SEAL.
10. THE OFFICE SHALL MAIL A COPY, BY CERTIFIED MAIL, OF ANY ORDER TO
SEAL ISSUED BY THE OFFICE OR BOARD WITHIN FIVE DAYS FOLLOWING ISSUANCE
OF SUCH ORDER TO THE PERSON IN WHOSE NAME THE REAL ESTATE AFFECTED BY
THE ORDER IS RECORDED IN THE OFFICE OF THE CITY REGISTER OR THE COUNTY
CLERK, AS THE CASE MAY BE, WHO SHALL BE PRESUMED TO BE THE OWNER THERE-
OF. SUCH MAILING SHALL CONSTITUTE NOTICE TO THE OWNER AND SHALL BE
DEEMED TO BE COMPLETE UPON SUCH MAILING BY THE OFFICE AS PROVIDED ABOVE.
11. IF AT ANY TIME A RESPONDENT VACATES THE BUILDING OR PREMISES
SUBJECT TO AN ORDER TO SEAL ISSUED BY THE OFFICE OR BOARD, OR IF THE
BUILDING OWNER PROVIDES SUFFICIENT PROOF THEREOF, ANY ACTION OR PROCEED-
ING FILED IN ACCORDANCE WITH THESE PROCEDURES RELATING TO SUCH BUILDING
OR PREMISES MAY BE WITHDRAWN BY THE OFFICE OR THE BOARD WITHOUT PREJU-
DICE, AND ANY ORDER TO SEAL MAY BE VACATED.
12. THE REMEDIES PROVIDED FOR IN THIS SECTION ARE NOT EXCLUSIVE AND
THE OFFICE OR BOARD MAY ALSO REQUEST AND RECOVER PENALTIES IN ACCORDANCE
WITH OTHER PROVISIONS IN THIS CHAPTER.
§ 13. Subdivisions 1 and 4 of section 715-a of the real property
actions and proceedings law, as added by section 21 of part UU of chap-
ter 56 of the laws of 2023, are amended to read as follows:
1. Any duly authorized enforcement agency of the state or of a subdi-
vision thereof, under a duty to enforce the provisions of the penal law
or of any state or local law, ordinance, code, rule or regulation relat-
ing to buildings, or the cannabis control board, office of cannabis
management or the attorney general pursuant to section one hundred thir-
ty-eight-a of the cannabis law, may serve personally upon the owner or
landlord of real property authorized or otherwise intended or adver-
tised, in whole or part, for use to buy, sell or otherwise provide goods
or services, or for other business, commercial, professional services or
manufacturing activities, or upon their agent, a written notice requir-
ing the owner or landlord to make an application for the removal of a
commercial tenant so using or occupying the same for a violation of
article two hundred twenty-two of the penal law or article six of the
cannabis law involving the unlicensed sale of cannabis OR PRODUCTS
MARKETED AS SUCH, where such property, or the portion thereof being used
for such unlicensed activity, is not occupied for any other licensed or
lawful purpose. If the owner or landlord or their agent does not make
such application within five days thereafter; or, having made it, does
not in good faith diligently prosecute it, the enforcement agency giving
the notice may bring a proceeding under this article for such removal as
though the petitioner were the owner or landlord of the premises, and
shall have precedence over any similar proceeding thereafter brought by
such owner or landlord or to one theretofore brought by them and not
prosecuted diligently and in good faith. An enforcement agency author-
ized to bring a petition hereunder may do so on their own initiative or
upon a referral from an agency of the state or a subdivision thereof.
The person in possession of the property, as well as any lessee or
S. 8305--B 23
sublessee and the owner or landlord shall be made respondents in the
proceeding.
4. The use or occupancy of premises [solely or primarily] CUSTOMARILY
OR HABITUALLY for the unlicensed retail sale of cannabis OR PRODUCTS
MARKETED AS SUCH shall constitute an illegal trade, manufacture, or
other business for the purposes of section two hundred thirty-one of the
real property law.
§ 14. Subdivision (a) of section 496-d of the tax law, as added by
section 6 of part UU of chapter 56 of the laws of 2023, is amended to
read as follows:
(a) To conduct regulatory inspections during [normal business] OPERAT-
ING hours of any place of business, including a vehicle used for such
business, where adult-use cannabis products are distributed, placed,
stored, sold or offered for sale. For the purposes of this section,
"place of business" shall not include a residence or other real proper-
ty, or any personal vehicle on or about such property, not held out as
open to the public or otherwise being utilized in a business or commer-
cial manner, unless probable cause exists to believe that such resi-
dence, real property or vehicle is being used in such a business or
commercial manner for the buying or selling of adult-use cannabis
products.
§ 15. This act shall take effect immediately and shall apply to
offenses committed on or after the date this act shall have become a
law; provided, however that the amendments to section 16-a of the canna-
bis law made by section four of this act shall not affect the repeal of
such section and shall be deemed repealed therewith.
PART H
Section 1. The opening paragraph of subdivision 1 of section 110-b of
the alcoholic beverage control law, as amended by chapter 222 of the
laws of 2019, is amended to read as follows:
Not [less than thirty nor] more than two hundred [and] seventy days
before filing any of the following applications, an applicant shall
notify the municipality in which the premises is located of such appli-
cant's intent to file such an application:
§ 2. The opening paragraph of subdivision 2 of section 99-d of the
alcoholic beverage control law, as amended by chapter 560 of the laws of
2011, is amended to read as follows:
Before any change in the members of a limited liability company or the
transfer or assignment of a membership interest in a limited liability
company or any corporate change in stockholders, stockholdings, alcohol-
ic beverage officers, officers or directors, except officers and direc-
tors of a premises licensed as a club or a luncheon club under this
chapter can be effectuated for the purposes of this chapter, there shall
be filed with the liquor authority an application for permission to make
such change and there shall be paid to the liquor authority in advance
upon filing of the application a fee of one hundred twenty-eight
dollars. SUCH APPLICATION SHALL BE DEEMED APPROVED AND IN EFFECT IF NOT
DISAPPROVED BY THE AUTHORITY PRIOR TO THE EXPIRATION OF NINETY DAYS
AFTER RECEIPT BY THE AUTHORITY.
§ 3. Subdivision 1 of section 98 of the alcoholic beverage control
law, as amended by chapter 703 of the laws of 2022, is amended to read
as follows:
1. The liquor authority is hereby authorized to issue to a retail
licensee for on-premises consumption or a licensed off-premises caterer
S. 8305--B 24
furnishing provisions and service for use at a particular function,
occasion or event in a hotel, restaurant, club, ballroom or other prem-
ises a temporary [indoor] permit effective for a period not to exceed
twenty-four consecutive hours, which shall authorize the service of
alcoholic beverages at such function, occasion or event within the
hours, fixed by or pursuant to subdivision five of section one hundred
six of this chapter, during which alcoholic beverages may lawfully be
sold or served upon premises licensed to sell alcoholic beverages at
retail for on-premises consumption in the community in which is located
the premises in which such function, occasion or event is held. The fee
therefor shall be thirty-eight dollars. Such a permit and the exercise
of the privilege granted thereby may be subjected to such rules by the
liquor authority as it deems necessary and such rules as are in conform-
ity with the provisions of subdivision two of this section. Such a
permit may also be issued for functions, occasions or events at premises
for which a summer license has been previously issued pursuant to this
chapter.
§ 4. Subdivision 1 of section 97 of the alcoholic beverage control
law, as amended by section 19 of part Z of chapter 85 of the laws of
2002, is amended to read as follows:
1. The liquor authority is hereby authorized to issue temporary
permits effective for a period not to exceed twenty-four consecutive
hours to authorize the sale of beer [and], wine [manufactured in New
York state], CIDER, MEAD AND/OR BRAGGOT, AND LIQUOR at outdoor or indoor
gatherings, functions, occasions or events, within the hours fixed by or
pursuant to subdivision five of section one hundred six of this chapter,
during which alcoholic beverages may lawfully be sold or served upon
premises licensed to sell alcoholic beverages at retail for on-premises
consumption in the community in which is located the premises in which
such gathering, function, occasion or event is held. The fee for such
permit shall be twenty-six dollars. Such permit and the exercise of the
privilege granted thereby shall be subject to such rules of the liquor
authority as it deems necessary.
§ 5. Subdivision 2 of section 105 of the alcoholic beverage control
law is REPEALED.
§ 5-a. Subdivision 3 of section 97-a of the alcoholic beverage control
law, as amended by chapter 106 of the laws of 2022, is amended to read
as follows:
3. A temporary retail permit under paragraph (b) of subdivision one of
this section may not be issued for any premises that is subject to the
provisions of section sixty-three or seventy-nine of this chapter; a
temporary retail permit under paragraph (b) of subdivision one of this
section shall not be issued for a premises subject to the provisions of
paragraph (b) of subdivision seven of section sixty-four, subparagraph
(ii) of paragraph (a) of subdivision seven of section sixty-four-a,
subparagraph (ii) of paragraph (a) of subdivision eleven of section
sixty-four-c, or paragraph (b) of subdivision eight of section sixty-
four-d OF THIS CHAPTER, unless and until a recommendation that there be
a finding of public interest has been made by an administrative law
judge pursuant to paragraph (f) of subdivision seven of section sixty-
four, paragraph (d) of subdivision seven of section sixty-four-a, para-
graph (c) of subdivision five of section sixty-four-b, paragraph (c) of
subdivision eleven of section sixty-four-c, or paragraph (e) of subdivi-
sion eight of section sixty-four-d of this chapter. Provided however,
any premises granted a temporary retail permit pursuant to this subdivi-
sion in a city with a population of one million or more people shall
S. 8305--B 25
only be allowed to operate on the premises under the following condi-
tions: [an active] NO retail license [shall have existed] at the
APPLIED FOR location [within the past two years, and such license] shall
[not] have been canceled, suspended, or revoked by the authority within
the past two years; the closing time any day of the week shall be no
later than midnight; provided however that the closing time of any
outdoor space shall be no later than ten o'clock post-meridian Sunday
through Thursday and eleven o'clock post-meridian Friday and Saturday;
no outdoor music; indoors shall have recorded background music only,
with no live music, DJ's, karaoke, or similar forms of music; and no
dancing. The authority shall automatically lift such restrictions if the
authority issues a retail license for the premises, and replace such
restrictions with other restrictions, if any, imposed by the authority
in accordance with the public interest standard.
§ 5-b. Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 2-b to read as follows:
2-B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A
RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL BE AUTHORIZED TO
PURCHASE UP TO TWELVE BOTTLES OF WINE AND LIQUOR PER WEEK FROM AN OFF-
PREMISES RETAIL LICENSEE, AND MAY RESELL ANY WINE AND LIQUOR SO
PURCHASED FOR CONSUMPTION ON THE PREMISES LICENSED THEREFOR.
§ 5-c. Section 105 of the alcoholic beverage control law is amended by
adding a new subdivision 25 to read as follows:
25. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, A
RETAIL LICENSEE TO SELL LIQUOR AND/OR WINE FOR CONSUMPTION OFF THE PREM-
ISES SHALL BE AUTHORIZED TO SELL UP TO TWELVE BOTTLES OF WINE AND LIQUOR
PER WEEK TO A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION.
§ 6. This act shall take effect immediately, and shall apply to all
applications received by the state liquor authority on and after such
date. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation by the state liquor authority necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.
PART I
Section 1. The alcoholic beverage control law is amended by adding a
new section 97-d to read as follows:
§ 97-D. TEMPORARY WHOLESALE PERMIT. 1. ANY PERSON MAY APPLY TO THE
LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC BEVER-
AGE WHOLESALE FACILITY AS MAY BE LICENSED UNDER THIS CHAPTER. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN INFORMA-
TION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
DOLLARS FOR SUCH PERMIT.
2. UPON APPLICATION, THE LIQUOR AUTHORITY MAY ISSUE SUCH TEMPORARY
PERMIT WHEN:
(A) THE APPLICANT HAS A WHOLESALE LICENSE APPLICATION AT THE SAME
PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
FILING AND LICENSE FEES;
(B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF ALL PERMITS,
LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
NESS; AND
(C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES HAS BEEN SURRENDERED
OR PLACED IN SAFEKEEPING, OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
S. 8305--B 26
(A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION
OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER;
(B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
THE WHOLESALE LICENSE BEING APPLIED FOR; AND
(C) THE APPLICANT HAS SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS
NECESSARY TO OBTAIN SUCH LICENSE.
4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED OR DENIED BY THE
LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
CATION.
5. A TEMPORARY PERMIT SHALL AUTHORIZE THE PERMITTEE TO OPERATE A
WHOLESALE FACILITY FOR THE PURCHASE, WAREHOUSING, AND SALE OF ALCOHOLIC
BEVERAGES ACCORDING TO THE LAWS APPLICABLE TO THE TYPE OF WHOLESALE
LICENSE BEING APPLIED FOR.
6. SUCH TEMPORARY PERMIT SHALL REMAIN IN EFFECT FOR SIX MONTHS OR
UNTIL THE WHOLESALE LICENSE BEING APPLIED FOR IS APPROVED AND THE
LICENSE GRANTED, WHICHEVER IS SHORTER. SUCH PERMIT MAY BE EXTENDED AT
THE DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH PERI-
ODS OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR EACH
SUCH EXTENSION.
7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
WHOLESALE PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF
THE LIQUOR AUTHORITY DETERMINES THAT GOOD CAUSE FOR CANCELLATION OR
SUSPENSION EXISTS. THE LIQUOR AUTHORITY SHALL PROMPTLY NOTIFY THE
PERMITTEE IN WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET
FORTH THE REASONS FOR SUCH ACTION.
8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
WISE SHOWN. A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL
EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE
IN FAVOR OF THE APPLICANT.
§ 2. Section 104 of the alcoholic beverage control law is amended by
adding a new subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA-
RY, THE AUTHORITY MAY ISSUE A CIDER PRODUCER OR WHOLESALER'S LICENSE,
BEER WHOLESALER'S LICENSE, WINE WHOLESALER'S LICENSE, OR LIQUOR WHOLE-
SALER'S LICENSE TO THE HOLDER OF ANY WHOLESALER'S LICENSE ISSUED PURSU-
ANT TO THIS CHAPTER FOR USE AT SUCH LICENSEE'S EXISTING LICENSED PREM-
ISES. THE LIQUOR AUTHORITY IS HEREBY AUTHORIZED TO ADOPT SUCH RULES AS
IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION.
§ 3. This act shall take effect immediately and shall apply to all
applications filed after the date it shall have become a law.
PART J
Section 1. Section 4 of chapter 118 of the laws of 2012 amending the
alcoholic beverage control law relating to the powers of the chairman
and members of the authority, as amended by chapter 124 of the laws of
2021, is amended to read as follows:
§ 4. This act shall take effect immediately [and shall expire and be
deemed repealed twelve years after such date].
§ 2. This act shall take effect immediately.
PART K
Section 1. Section 5 of chapter 396 of the laws of 2010 amending the
alcoholic beverage control law relating to liquidator's permits and
S. 8305--B 27
temporary retail permits, as amended by section 1 of part O of chapter
55 of the laws of 2023, is amended to read as follows:
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law[, provided that paragraph (b) of subdivision 1 of
section 97-a of the alcoholic beverage control law as added by section
two of this act shall expire and be deemed repealed October 12, 2024].
§ 2. This act shall take effect immediately.
PART L
Section 1. Chapter 238 of the laws of 2021 is REPEALED.
§ 2. The alcoholic beverage control law is amended by adding a new
section 111-a to read as follows:
§ 111-A. USE OF CONTIGUOUS AND NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE
FOR ON-PREMISES ALCOHOLIC BEVERAGE SALES BY CERTAIN LICENSEES. 1. THE
HOLDER OF A RETAIL ON-PREMISES LICENSE ISSUED PURSUANT TO SECTIONS
FIFTY-FIVE, SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-C, SIXTY-FOUR-D, EIGHT-
Y-ONE, OR EIGHTY-ONE-A OF THIS CHAPTER OR A MANUFACTURING LICENSE THAT
INCLUDES A PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES AT RETAIL
FOR ON-PREMISES CONSUMPTION ON THE LICENSED PREMISES ISSUED PURSUANT TO
SECTION THIRTY, THIRTY-ONE, FIFTY-ONE, FIFTY-ONE-A, FIFTY-EIGHT, FIFTY-
EIGHT-C, SUBDIVISION TWO-C OF SECTION SIXTY-ONE, SECTION SEVENTY-SIX,
SEVENTY-SIX-A, SEVENTY-SIX-C, OR SEVENTY-SIX-D OF THIS CHAPTER MAY FILE
AN ALTERATION APPLICATION WITH THE AUTHORITY PURSUANT TO SUBDIVISION ONE
OF SECTION NINETY-NINE-D OF THIS CHAPTER FOR PERMISSION TO ADD MUNICIPAL
PUBLIC SPACE THAT IS EITHER CONTIGUOUS OR NON-CONTIGUOUS TO THE LICENSED
PREMISES. UPON APPROVAL OF SUCH ALTERATION APPLICATION, SUCH A LICENSEE
MAY EXERCISE THE PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES AT
RETAIL FOR ON-PREMISES CONSUMPTION ON CONTIGUOUS MUNICIPAL PUBLIC SPACE
OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE PROVIDED:
(A) THE MUNICIPALITY IN WHICH THE LICENSED PREMISES IS LOCATED ISSUES
A PERMIT OR THE RESPONSIBLE MUNICIPAL REGULATORY BODY OR AGENCY ISSUES
WRITTEN AUTHORIZATION TO THE LICENSEE TO SELL AND/OR SERVE FOOD ON SUCH
CONTIGUOUS MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC
SPACE;
(B) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A COPY OF SUCH MUNIC-
IPAL PERMIT OR OTHER WRITTEN AUTHORIZATION ALONG WITH THE ALTERATION
APPLICATION;
(C) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A COPY OF THE PERMIT
APPLICATION SUBMITTED TO THE MUNICIPALITY TO OBTAIN THE MUNICIPAL PERMIT
OR OTHER WRITTEN AUTHORIZATION FROM THE MUNICIPALITY ALONG WITH THE
ALTERATION APPLICATION;
(D) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A DIAGRAM DEPICTING
BOTH THE LICENSED PREMISES AND THE CONTIGUOUS MUNICIPAL PUBLIC SPACE OR
NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE TO BE USED BY THE LICENSEE WITH
THE ALTERATION APPLICATION;
(E) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY PROOF THAT IT HAS
PROVIDED COMMUNITY NOTIFICATION TO THE MUNICIPALITY, INCLUDING MUNICI-
PALITIES OUTSIDE THE CITY OF NEW YORK, IN A MANNER CONSISTENT WITH OR
REQUIRED BY SUBDIVISION TWO OF SECTION ONE HUNDRED TEN-B OF THIS ARTICLE
AS REQUIRED FOR THE CITY OF NEW YORK; AND
(F) USE OF ANY SUCH CONTIGUOUS OR NON-CONTIGUOUS MUNICIPAL PUBLIC
SPACE MEETS ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS, RULES, REGU-
LATIONS, GUIDANCE, CONDITIONS OR REQUIREMENTS.
2. FOR THE PURPOSES OF THIS SECTION: (A) "NON-CONTIGUOUS MUNICIPAL
PUBLIC SPACE" SHALL MEAN SPACE THAT: (I) IS LOCATED IN FRONT OF, BEHIND,
S. 8305--B 28
OR TO THE SIDE OF THE LICENSED PREMISES; (II) IS WITHIN THE PROPERTY
BOUNDARIES OF THE LICENSED PREMISES AS EXTENDED OUT; OR WITHIN THE PROP-
ERTY BOUNDARIES OF THE NEAREST ADJACENT PROPERTIES ON EITHER SIDE; (III)
DOES NOT EXTEND FURTHER THAN THE MIDLINE OF ANY PUBLIC ROADWAY; (IV) IS
SEPARATED FROM THE LICENSED PREMISES ONLY BY ONE OR MORE OF THE FOLLOW-
ING: A PEDESTRIAN THOROUGHFARE, A THOROUGHFARE PRIMARILY RESTRICTED TO
USE BY BICYCLES, OR A PORTION OF A THOROUGHFARE WITH SUCH RESTRICTIONS;
AND (V) OTHERWISE COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
REQUIREMENTS.
(B) "CONTIGUOUS MUNICIPAL PUBLIC SPACE" SHALL MEAN SPACE THAT: (I) IS
LOCATED IN FRONT OF, BEHIND, OR TO THE SIDE OF THE LICENSED PREMISES;
(II) IS WITHIN THE PROPERTY BOUNDARIES OF THE LICENSED PREMISES AS
EXTENDED OUT; OR WITHIN THE PROPERTY BOUNDARIES OF THE NEAREST ADJACENT
PROPERTIES ON EITHER SIDE; (III) OTHERWISE COMPLIES WITH ALL APPLICABLE
FEDERAL, STATE AND LOCAL REQUIREMENTS.
3. LICENSEES CHOOSING TO UTILIZE NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE
THAT INCLUDES A THOROUGHFARE PRIMARILY RESTRICTED TO USE BY BICYCLES, OR
A PORTION OF A THOROUGHFARE WITH SUCH RESTRICTIONS, SHALL POST A SIGN OR
POSTER IN SAID MUNICIPAL OUTDOOR SPACE WITH CONSPICUOUS LETTERING IN AT
LEAST SEVENTY-TWO POINT BOLD FACE FONT THAT STATES: "CAUTION: BICYCLE
LANE" PRIOR TO AND WHILE UTILIZING ANY SUCH MUNICIPAL SPACE FOR ON-PREM-
ISES ALCOHOLIC BEVERAGE SALES TO PATRONS. SUCH LICENSEES SHALL BE SOLELY
RESPONSIBLE FOR PRODUCTION OF AND MAINTENANCE OF SUCH SIGNAGE. COMPLI-
ANCE BY THE LICENSEE WITH THE PROVISIONS OF ANY LOCAL LAW REQUIRING
POSTING OF WARNING SIGNS REGARDING BICYCLE LANES ENACTED ON OR BEFORE
THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED TO BE IN COMPLIANCE
WITH THE PROVISIONS OF THIS SECTION. NOTHING CONTAINED HEREIN, HOWEVER,
SHALL BE DEEMED TO EXEMPT ANY LICENSEE NOT OTHERWISE SUBJECT TO THE
PROVISIONS OF ANY SUCH LOCAL LAW FROM COMPLYING WITH THE PROVISIONS OF
THIS SECTION.
4. IF AT ANY TIME THE MUNICIPALITY REVOKES, CANCELS OR SUSPENDS OR
OTHERWISE TERMINATES THE LICENSEE'S AUTHORIZATION TO USE SUCH CONTIGUOUS
MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE, THE
LICENSEE SHALL IMMEDIATELY CEASE EXERCISING THE PRIVILEGE TO SELL AND/OR
SERVE ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON SUCH MUNICIPAL
PUBLIC SPACE. THE LICENSEE SHALL THEN FILE A NEW ALTERATION APPLICATION
REMOVING THE MUNICIPAL PUBLIC SPACE FROM ITS LICENSED PREMISES. THE
FAILURE TO FILE A NEW ALTERATION APPLICATION WITH THE AUTHORITY WITHIN
TEN BUSINESS DAYS OF THE REVOCATION, CANCELLATION, SUSPENSION, OR OTHER
TERMINATION BY THE LOCAL MUNICIPALITY OF THE LICENSEE'S AUTHORIZATION TO
USE SUCH CONTIGUOUS OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE SHALL BE
CAUSE FOR REVOCATION, CANCELLATION, SUSPENSION AND/OR IMPOSITION OF A
CIVIL PENALTY AGAINST THE LICENSE IN ACCORDANCE WITH SECTION ONE HUNDRED
EIGHTEEN OF THIS ARTICLE.
5. THE AUTHORITY MAY PROMULGATE GUIDANCE, RULES AND/OR REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING
EXISTING PROVISIONS OF THIS CHAPTER, THE AUTHORITY IS AUTHORIZED TO
PROVIDE SIMPLIFIED APPLICATIONS AND NOTIFICATION PROCEDURES FOR LICEN-
SEES SEEKING TO UTILIZE MUNICIPAL SPACE FOR ON-PREMISES ALCOHOLIC BEVER-
AGE SALES WHENEVER POSSIBLE OR APPROPRIATE. NOTHING IN THIS SECTION
SHALL PROHIBIT THE AUTHORITY FROM REQUESTING ADDITIONAL INFORMATION FROM
ANY APPLICANT SEEKING TO USE NEW MUNICIPAL SPACE OR RENEWAL OF EXISTING
MUNICIPAL SPACE.
§ 3. This act shall take effect immediately and shall apply to all
applications received by the state liquor authority on and after such
effective date. Effective immediately, the authority is authorized to
S. 8305--B 29
undertake the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act.
PART M
Section 1. Section 196-b of the labor law is amended by adding a new
subdivision 4-a to read as follows:
4-A. IN ADDITION TO THE SICK LEAVE PROVIDED FOR IN THIS SECTION, ON
AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, EVERY EMPLOYER SHALL
BE REQUIRED TO PROVIDE TO ITS EMPLOYEES FORTY HOURS OF PRENATAL PERSONAL
LEAVE DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD. PRENATAL PERSONAL LEAVE
SHALL MEAN THE HEALTH CARE RECEIVED BY AN EMPLOYEE DURING PREGNANCY
RELATED TO SUCH PREGNANCY, INCLUDING PHYSICAL EXAMINATIONS, MONITORING
AND TESTING, AND DISCUSSIONS WITH A HEALTH CARE PROVIDER RELATED TO THE
PREGNANCY. PRENATAL PERSONAL LEAVE MAY BE TAKEN IN HOURLY INCREMENTS.
BENEFITS FOR PRENATAL PERSONAL LEAVE SHALL BE PAID IN HOURLY INSTALL-
MENTS. EMPLOYEES SHALL RECEIVE COMPENSATION AT HIS OR HER REGULAR RATE
OF PAY, OR THE APPLICABLE MINIMUM WAGE ESTABLISHED PURSUANT TO SECTION
SIX HUNDRED FIFTY-TWO OF THIS CHAPTER, WHICHEVER IS GREATER, FOR THE USE
OF PAID PRENATAL PERSONAL LEAVE.
§ 2. This act shall take effect January 1, 2025.
PART N
Section 1. Section 200 of the workers' compensation law, as amended by
section 1 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 200. Short title. This article shall be known and may be cited as
the "disability [benefits law] and [the] paid family leave benefits
law."
§ 2. Subdivisions 14, 15 and 22 of section 201 of the workers' compen-
sation law, subdivision 14 as amended and subdivisions 15 and 22 as
added by section 2 of part SS of chapter 54 of the laws of 2016, are
amended to read as follows:
14. "A day of disability" means any day on which the employee was
prevented from performing work because of disability[, including any day
which the employee uses for family leave,] and for which the employee
has not received [his or her] THE EMPLOYEE'S regular remuneration.
15. "Family leave" shall mean any leave taken by an employee from
work: (a) to participate in providing care, including physical or
psychological care, for a family member of the employee made necessary
by a serious health condition of the family member; or (b) to bond with
the employee's child during the first twelve months after the child's
birth, or the first twelve months after the placement of the child for
adoption or foster care with the employee; or (c) because of any quali-
fying exigency as interpreted under the family and medical leave act, 29
U.S.C.S § 2612(a)(1)(e) and 29 C.F.R. S.825.126[(a)(1)-(8)], arising out
of the fact that the spouse, domestic partner, child, or parent of the
employee is on active duty (or has been notified of an impending call or
order to active duty) in the armed forces of the United States.
22. "Health care provider" shall mean for the purpose of [family
leave] THIS ARTICLE, a person licensed under article one hundred thir-
ty-one, one hundred thirty-one-B, one hundred thirty-two, one hundred
thirty-three, one hundred thirty-six, one hundred thirty-nine, one
hundred forty-one, one hundred forty-three, one hundred forty-four, one
hundred fifty-three, one hundred fifty-four, one hundred fifty-six or
S. 8305--B 30
one hundred fifty-nine of the education law or a person licensed under
the public health law, article one hundred forty of the education law or
article one hundred sixty-three of the education law.
§ 2-a. Subdivision 9 of section 201 of the workers' compensation law,
as amended by chapter 675 of the laws of 1977, paragraph B as amended by
chapter 352 of the laws of 1981, is amended to read as follows:
9. [A.] (A) "Disability" during employment means the inability of an
employee, as a result of injury or sickness not arising out of and in
the course of an employment, to perform the regular duties of [his]
THEIR employment or the duties of any other employment which [his] THEIR
employer may offer [him] THEM at [his] THEIR regular wages and which
[his] THEIR injury or sickness does not prevent [him] THEM from perform-
ing. "Disability" during unemployment means the inability of an employ-
ee, as a result of injury or sickness not arising out of and in the
course of an employment, to perform the duties of any employment for
which [he is] THEY ARE reasonably qualified by training and experience.
[B.] (B) "Disability" also includes disability caused by or in
connection with a pregnancy OR NEONATAL LOSS, INCLUDING STILLBIRTH.
§ 2-b. Section 201 of the workers' compensation law is amended by
adding a new subdivision 25 to read as follows:
25. "NEONATAL LOSS" MEANS THE DEATH OF A CHILD DURING THE FIRST TWELVE
WEEKS OF LIFE.
§ 3. Section 203-a of the workers' compensation law, as added by
section 4 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 203-a. [Retaliatory] INTERFERENCE AND RETALIATORY action prohibited
for DISABILITY AND family leave. 1. The provisions of section one
hundred twenty of this chapter and section two hundred forty-one of this
article shall be applicable to family AND DISABILITY leave.
2. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO INTERFERE WITH, RESTRAIN,
OR DENY THE EXERCISE OF, OR THE ATTEMPT TO EXERCISE, ANY RIGHT PROVIDED
UNDER THIS ARTICLE, INCLUDING:
(A) FAILING TO COMPLY WITH THE REQUIREMENTS OF SECTION TWO HUNDRED
TWENTY-NINE OF THIS ARTICLE, SUCH AS BY FAILING TO PROVIDE AN EMPLOYEE
WITH THE NOTICE OF RIGHTS REQUIRED BY SUCH SECTION;
(B) FAILING TO PROVIDE AN EMPLOYEE WITH COMPLETE AND ACCURATE INFORMA-
TION RELATED TO THE SUBMISSION OF A CLAIM FOR DISABILITY OR FAMILY LEAVE
BENEFITS, SUCH AS BY FAILING TO INFORM THE EMPLOYEE THAT IT IS THE
EMPLOYEE'S RESPONSIBILITY TO SUBMIT THE COMPLETED APPLICATION MATERIALS
TO THE EMPLOYER'S INSURANCE CARRIER OR BY FAILING OR REFUSING TO PROVIDE
THE EMPLOYEE WITH THE NAME OF THE EMPLOYER'S INSURANCE CARRIER AND/OR
THE EMPLOYER'S POLICY NUMBER WITH SAID INSURANCE CARRIER;
(C) FAILING TO ACCURATELY COMPLETE AND RETURN TO THE EMPLOYEE THE
DISABILITY OR FAMILY LEAVE APPLICATION PAPERWORK WITHIN THE TIME PERIOD
SPECIFIED BY THE CHAIR;
(D) PROVIDING THE EMPLOYER'S INSURANCE CARRIER WITH INACCURATE INFOR-
MATION ABOUT AN EMPLOYEE'S EMPLOYMENT AS IT RELATES TO THE EMPLOYEE'S
ELIGIBILITY FOR DISABILITY OR FAMILY LEAVE BENEFITS;
(E) REFUSING TO ALLOW AN EMPLOYEE WHO HAS REQUESTED DISABILITY OR
FAMILY LEAVE UNDER THIS ARTICLE TO BEGIN LEAVE UNTIL THE EMPLOYER'S
INSURANCE CARRIER HAS APPROVED THE EMPLOYEE'S CLAIM FOR DISABILITY OR
FAMILY LEAVE BENEFITS;
(F) FAILING OR REFUSING TO CARRY DISABILITY OR FAMILY LEAVE INSURANCE
AS REQUIRED BY SECTION TWO HUNDRED ELEVEN OF THIS ARTICLE;
(G) THREATENING TERMINATION, DEMOTION, DISCIPLINE, SUSPENSION, OR
REDUCTION OF HOURS OR WAGES, REPORTING OR THREATENING TO REPORT AN
S. 8305--B 31
EMPLOYEE'S SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS OR THE SUSPECTED
CITIZENSHIP OR IMMIGRATION STATUS OF A FAMILY MEMBER OF THE EMPLOYEE TO
A FEDERAL, STATE, OR LOCAL AGENCY, OR THREATENING ANY OTHER ACTION
AGAINST AN EMPLOYEE SEEKING TO TAKE DISABILITY OR FAMILY LEAVE THAT
MIGHT REASONABLY DETER AN EMPLOYEE FROM EXERCISING A RIGHT PROVIDED
UNDER THIS ARTICLE; OR
(H) THREATENING OR TAKING ANY OTHER ACTION THAT MAY HAVE THE EFFECT OF
PREVENTING OR DISCOURAGING AN EMPLOYEE FROM EXERCISING A RIGHT PROVIDED
UNDER THIS ARTICLE.
3. Nothing in this section shall be deemed to diminish the rights,
privileges, or remedies of any employee under any collective bargaining
agreement or employment contract.
§ 4. Section 203-b of the workers' compensation law, as added by
section 4 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 203-b. Reinstatement following DISABILITY OR family leave. Any
eligible employee of a covered employer who takes leave, INCLUDING LEAVE
DUE TO A DISABILITY, under this article shall be entitled, on return
from such leave, to be restored by the employer to the position of
employment held by the employee when the leave commenced, or to be
restored to a comparable position with comparable employment benefits,
pay and other terms and conditions of employment. The taking of family
OR DISABILITY leave shall not result in the loss of any employment bene-
fit accrued prior to the date on which the leave commenced. Nothing in
this section shall be construed to entitle any restored employee to the
accrual of any seniority or employment benefits during any period of
leave, or any right, benefit or position to which the employee would
have been entitled had the employee not taken the leave.
§ 5. Section 203-c of the workers' compensation law, as added by
section 4 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 203-c. Health insurance during [family] leave. In accordance with
the Family and Medical Leave Act (29 U.S.C. §§ 2601-2654), during any
period of family OR DISABILITY leave the employer shall maintain any
existing health benefits of the employee in force for the duration of
such leave as if the employee had continued to work from the date [he or
she] THEY commenced family OR DISABILITY leave until the date [he or she
returns] THEY RETURN to employment.
§ 6. Section 204 of the workers' compensation law, as amended by
section 5 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 204. Disability and family leave during employment. 1. Disability
benefits shall be payable to an eligible employee for disabilities,
beginning with the [eighth] FIRST day of disability and thereafter
during the continuance of disability, subject to the limitations as to
maximum and minimum amounts and duration and other conditions and limi-
tations in this section and in sections two hundred five and two hundred
six of this article. Family leave benefits shall be payable to an eligi-
ble employee for the first full day when family leave is required and
thereafter during the continuance of the need for family leave, subject
to the limitations as to maximum and minimum amounts and duration and
other conditions and limitations in this section and in sections two
hundred five and two hundred six of this article. Successive periods of
disability or family leave caused by the same or related injury or sick-
ness OR QUALIFYING EVENT shall shall be deemed a single period of disa-
bility or family leave only if separated by less than three months.
S. 8305--B 32
2. (a) The weekly benefit for family leave that occurs (i) on or after
January first, two thousand eighteen shall not exceed eight weeks during
any fifty-two week calendar period and shall be fifty percent of the
employee's average weekly wage but shall not exceed fifty percent of the
state average weekly wage, (ii) on or after January first, two thousand
nineteen shall not exceed ten weeks during any fifty-two week calendar
period and shall be fifty-five percent of the employee's average weekly
wage but shall not exceed fifty-five percent of the state average weekly
wage, (iii) on or after January first, two thousand twenty shall not
exceed ten weeks during any fifty-two week calendar period and shall be
sixty percent of the employee's average weekly wage but shall not exceed
sixty percent of the state average weekly wage, and (iv) on or after
January first of each succeeding year, shall not exceed twelve weeks
during any fifty-two week calendar period and shall be sixty-seven
percent of the employee's average weekly wage but shall not exceed
sixty-seven percent of the New York state average weekly wage in effect.
The superintendent of financial services shall have discretion to delay
the increases in the family leave benefit level provided in subpara-
graphs (ii), (iii), and (iv) of this paragraph by one or more calendar
years. In determining whether to delay the increase in the family leave
benefit for any year, the superintendent of financial services shall
consider: (1) the current cost to employees of the family leave benefit
and any expected change in the cost after the benefit increase; (2) the
current number of insurers issuing insurance policies with a family
leave benefit and any expected change in the number of insurers issuing
such policies after the benefit increase; (3) the impact of the benefit
increase on employers' business and the overall stability of the program
to the extent that information is readily available; (4) the impact of
the benefit increase on the financial stability of the disability and
family leave insurance market and carriers; and (5) any additional
factors that the superintendent of financial services deems relevant. If
the superintendent of financial services delays the increase in the
family leave benefit level for one or more calendar years, the family
leave benefit level that shall take effect immediately following the
delay shall be the same benefit level that would have taken effect but
for the delay. The weekly benefits for family leave that occurs on or
after January first, two thousand eighteen shall not be less than one
hundred dollars per week except that if the employee's wages at the time
of family leave are less than one hundred dollars per week, the employee
shall receive [his or her] THE EMPLOYEE'S full wages. Benefits may be
payable to employees for paid family leave taken intermittently or for
less than a full work week in increments of one full day or one fifth of
the weekly benefit.
(b) THE WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO
RECEIVE FOR DISABILITY COMMENCING: (I) ON OR AFTER JANUARY FIRST, TWO
THOUSAND TWENTY-SIX SHALL BE SEVENTY PERCENT OF THE PORTION OF THE
EMPLOYEE'S AVERAGE WEEKLY WAGE THAT IS EQUAL TO OR LESS THAN FIFTY
PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT AND
FORTY-SEVEN PERCENT OF THE PORTION OF THE EMPLOYEE'S AVERAGE WEEKLY
WAGE THAT IS MORE THAN FIFTY PERCENT OF THE NEW YORK STATE AVER-
AGE WEEKLY WAGE IN EFFECT, BUT SHALL NOT EXCEED SIXTY-SEVEN PERCENT OF
THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT EXCEPT THAT IF THE
EMPLOYEE'S AVERAGE WEEKLY WAGE IS LESS THAN ONE HUNDRED DOLLARS, THE
BENEFIT SHALL BE SUCH AVERAGE WEEKLY WAGE; (II) ON OR AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-SEVEN SHALL BE EIGHTY PERCENT OF THE PORTION
OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE THAT IS EQUAL TO OR LESS THAN
S. 8305--B 33
FIFTY PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT AND
FIFTY-SEVEN PERCENT OF THE PORTION OF THE EMPLOYEE'S AVERAGE WEEKLY
WAGE THAT IS MORE THAN FIFTY PERCENT OF THE NEW YORK STATE AVER-
AGE WEEKLY WAGE IN EFFECT BUT SHALL NOT EXCEED SIXTY-SEVEN PERCENT OF
THE STATE AVERAGE WEEKLY WAGE IN EFFECT EXCEPT THAT IF THE EMPLOYEE'S
AVERAGE WEEKLY WAGE IS LESS THAN ONE HUNDRED DOLLARS, THE BENEFIT SHALL
BE SUCH AVERAGE WEEKLY WAGE; (III) ON OR AFTER JANUARY FIRST, TWO THOU-
SAND TWENTY-EIGHT SHALL BE NINETY PERCENT OF THE PORTION OF THE EMPLOY-
EE'S WEEKLY AVERAGE WAGE THAT IS EQUAL TO OR LESS THAN FIFTY PERCENT OF
THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT AND SIXTY-SEVEN
PERCENT OF THE PORTION OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE THAT IS
MORE THAN FIFTY PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN
EFFECT BUT SHALL NOT EXCEED SIXTY-SEVEN PERCENT OF THE STATE AVERAGE
WEEKLY WAGE IN EFFECT EXCEPT THAT IF THE EMPLOYEE'S AVERAGE WEEKLY WAGE
IS LESS THAN ONE HUNDRED DOLLARS, THE BENEFIT SHALL BE SUCH AVERAGE
WEEKLY WAGE. The weekly benefit which the disabled employee is entitled
to receive for disability commencing on or after May first, nineteen
hundred eighty-nine AND PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-SIX
shall be one-half of the employee's weekly wage, but in no case shall
such benefit exceed one hundred seventy dollars; except that if the
employee's average weekly wage is less than twenty dollars, the benefit
shall be such average weekly wage. The weekly benefit which the disa-
bled employee is entitled to receive for disability commencing on or
after July first, nineteen hundred eighty-four shall be one-half of the
employee's weekly wage, but in no case shall such benefit exceed one
hundred forty-five dollars; except that if the employee's average weekly
wage is less than twenty dollars, the benefit shall be such average
weekly wage. The weekly benefit which the disabled employee is entitled
to receive for disability commencing on or after July first, nineteen
hundred eighty-three and prior to July first, nineteen hundred eighty-
four shall be one-half of the employee's average weekly wage, but in no
case shall such benefit exceed one hundred thirty-five dollars nor be
less than twenty dollars; except that if the employee's average weekly
wage is less than twenty dollars the benefit shall be such average week-
ly wage. The weekly benefit which the disabled employee is entitled to
receive for disability commencing on or after July first, nineteen
hundred seventy-four, and prior to July first, nineteen hundred eighty-
three, shall be one-half of the employee's average weekly wage, but in
no case shall such benefit exceed ninety-five dollars nor be less than
twenty dollars; except that if the employee's average weekly wage is
less than twenty dollars, the benefit shall be such average weekly wage.
The weekly benefit which the disabled employee is entitled to receive
for disability commencing on or after July first, nineteen hundred
seventy and prior to July first, nineteen hundred seventy-four shall be
one-half of the employee's average weekly wage, but in no case shall
such benefit exceed seventy-five dollars nor be less than twenty
dollars; except that if the employee's average weekly wage is less than
twenty dollars the benefit shall be such average weekly wage. For any
period of disability less than a full week, the benefits payable shall
be calculated by dividing the weekly benefit by the number of the
employee's normal work days per week and multiplying the quotient by the
number of normal work days in such period of disability. The weekly
benefit for a disabled employee who is concurrently eligible for bene-
fits in the employment of more than one covered employer shall, within
the maximum and minimum herein provided, be one-half of the total of the
employee's average weekly wages received from all such covered employ-
S. 8305--B 34
ers, and shall be allocated in the proportion of their respective aver-
age weekly wage payments.
(C) PROVIDED THAT THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION
AND SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION
TWO HUNDRED NINE OF THIS ARTICLE MAY BE WAIVED BY A COVERED EMPLOYER
SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT WITH A BONA FIDE LABOR
ORGANIZATION IN EFFECT ON JANUARY FIRST, TWO THOUSAND TWENTY-SIX FOR A
DISABILITY COMMENCING BETWEEN JANUARY FIRST, TWO THOUSAND TWENTY-SIX AND
THE EXPIRATION OR MODIFICATION DATE OF SUCH COLLECTIVE BARGAINING AGREE-
MENT; AND PROVIDED THAT FOR SUCH WAIVER TO BE VALID, IT SHALL EXPLICITLY
REFERENCE THIS SECTION AND BE AGREED TO BY THE BONA FIDE LABOR ORGANIZA-
TION. NOTHING HEREIN SHALL PREVENT A COLLECTIVE BARGAINING AGREEMENT
FROM PROVIDING TEMPORARY DISABILITY BENEFITS GREATER THAN THE BENEFITS
REQUIRED HEREIN.
§ 7. Subdivision 2 of section 206 of the workers' compensation law, as
amended by section 7 of part SS of chapter 54 of the laws of 2016, is
amended to read as follows:
2. If an employee who is eligible for disability benefits under
section two hundred three or two hundred seven of this article is disa-
bled and has claimed or subsequently claims workers' compensation bene-
fits under this chapter or benefits under the volunteer firefighters'
benefit law or the volunteer ambulance workers' benefit law, and such
claim is controverted on the ground that the employee's disability was
not caused by an accident that arose out of and in the course of [his]
THEIR employment or by an occupational disease, or by an injury in line
of duty as a volunteer firefighter or volunteer ambulance worker, the
employee shall be entitled in the first instance to receive benefits
under this article for [his or her] THE EMPLOYEE'S disability. If bene-
fits have been paid under this article in respect to a disability
alleged to have arisen out of and in the course of the employment or by
reason of an occupational disease, or in line of duty as a volunteer
firefighter or a volunteer ambulance worker, the employer or carrier or
the chair making such payment may, at any time before award of workers'
compensation benefits, or volunteer firefighters' benefits or volunteer
ambulance workers' benefits, is made, file with the board a claim for
reimbursement out of the proceeds of such award to the employee for the
period for which disability benefits were paid to the employee under
this article, and shall have a lien against the FULL award for
reimbursement, notwithstanding the provisions of section thirty-three of
this chapter or section twenty-three of the volunteer firefighters'
benefit law or section twenty-three of the volunteer ambulance workers'
benefit law provided the insurance carrier liable for payment of the
award receives, before such award is made, a copy of the claim for
reimbursement from the employer, carrier or chair who paid disability
benefits, or provided the board's decision and award directs such
reimbursement therefrom.
§ 8. Paragraph (a) of subdivision 3 of section 209 of the workers'
compensation law, as amended by section 10 of part SS of chapter 54 of
the laws of 2016, is amended to read as follows:
(a) Disability benefits. The contribution of each such employee to the
cost of disability benefits provided by this article shall be one-half
of one per centum of the employee's wages paid to him or her on and
after July first, nineteen hundred fifty, but not in excess of sixty
cents per week.
(I) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SIX, THE MAXIMUM
EMPLOYEE CONTRIBUTION THAT A COVERED EMPLOYER IS AUTHORIZED TO COLLECT
S. 8305--B 35
FROM EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED BY THIS
ARTICLE SHALL BE ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES, BUT
SHALL NOT EXCEED TWO DOLLARS AND TWENTY CENTS PER WEEK.
(II) BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY, THE MAXIMUM EMPLOY-
EE CONTRIBUTION THAT A COVERED EMPLOYER IS AUTHORIZED TO COLLECT FROM
EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED BY THIS ARTI-
CLE SHALL BE ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES, BUT
SHALL NOT EXCEED THIRTY PERCENT OF THE AVERAGE OF THE COMBINATION OF ALL
EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR
OF THIS ARTICLE DURING THE PRIOR CALENDAR YEAR, AS DETERMINED ANNUALLY
BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT TO SUBSECTION (N)
OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF THE INSURANCE LAW.
A SELF-INSURER SHALL SUBMIT REPORTS TO THE SUPERINTENDENT OF FINANCIAL
SERVICES FOR THE PURPOSE OF DETERMINING THIRTY PERCENT OF THE AVERAGE OF
THE COMBINATION OF ALL EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO DISABILITY
BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF
SECTION TWO HUNDRED FOUR OF THIS ARTICLE DURING THE PRIOR CALENDAR YEAR,
PURSUANT TO SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-
FIVE OF THE INSURANCE LAW.
§ 9. The opening paragraph and subdivision 1 of section 214 of the
workers' compensation law, as amended by section 26 of part GG of chap-
ter 57 of the laws of 2013, are amended to read as follows:
There is hereby created a fund which shall be known as the special
fund for disability benefits to provide for the payment of [disability]
benefits under sections two hundred seven, two hundred thirteen and
attendance fees under section two hundred thirty-two of this article.
1. As promptly as practicable after April first, in each year, the
chairman shall ascertain the condition of the fund, and if as of any
such date the net assets of the fund shall be one million dollars or
more below the sum of twelve million dollars, the chairman shall assess
and collect an amount sufficient to restore the fund to an amount equal
to twelve million dollars.[.] Such assessment shall be included in the
assessment rate established pursuant to subdivision two of section one
hundred fifty-one of this chapter. Such assessments shall be deposited
with the commissioner of taxation and finance and transferred to the
benefit of such fund upon payment of debt service, if any, pursuant to
section one hundred fifty-one of this chapter.
§ 10. Subdivision 1 of section 217 of the workers' compensation law,
as amended by section 16 of part SS of chapter 54 of the laws of 2016,
is amended to read as follows:
1. Written notice and proof of disability or proof of need for family
leave shall be furnished to the employer by or on behalf of the employee
claiming benefits or, in the case of a claimant under section two
hundred seven of this article, to the chair, within thirty days after
commencement of the period of disability. Additional proof shall be
furnished thereafter from time to time as the employer or carrier or
chair may require but not more often than once each week. Such proof
shall include a statement of disability by the employee's [attending
physician or attending podiatrist or attending chiropractor or attending
dentist or attending psychologist or attending certified nurse midwife
or family leave care recipient's health care provider, or in the case of
an employee who adheres to the faith or teachings of any church or
denomination, and who in accordance with its creed, tenets or principles
depends for healing upon prayer through spiritual means alone in the
practice of religion, by an accredited practitioner,] HEALTH CARE
S. 8305--B 36
PROVIDER containing facts and opinions as to such disability in compli-
ance with regulations of the chair. Failure to furnish notice or proof
within the time and in the manner above provided shall not invalidate
the claim but no benefits shall be required to be paid for any period
more than two weeks prior to the date on which the required proof is
furnished unless it shall be shown to the satisfaction of the chair not
to have been reasonably possible to furnish such notice or proof and
that such notice or proof was furnished as soon as possible; provided,
however, that no benefits shall be paid unless the required proof [of
disability] is furnished within the period of actual disability or fami-
ly leave that does not exceed the statutory maximum period permitted
under section two hundred four of this article. No limitation of time
provided in this section shall run as against any disabled employee who
is mentally incompetent, or physically incapable of providing such
notice as a result of a serious medical condition, or a minor so long as
such person has no guardian of the person and/or property.
§ 11. Section 218 of the workers' compensation law, as added by chap-
ter 600 of the laws of 1949, subdivision 2 as amended by chapter 809 of
the laws of 1985, is amended to read as follows:
§ 218. [Disability benefit] BENEFIT rights inalienable. 1. Any agree-
ment by an employee to waive [his] THEIR rights under this article shall
be void.
2. Disability OR FAMILY LEAVE benefits payable under this article
shall not be assigned or released, except as provided in this article,
and shall be exempt from all claims of creditors and from levy,
execution and attachment or other remedy for recovery or collection of a
debt, which exemption may not be waived provided, however, that such
benefits shall be subject to an income execution or order for support
enforcement pursuant to section fifty-two hundred forty-one or fifty-two
hundred forty-two of the civil practice law and rules.
§ 12. Section 221 of the workers' compensation law, as amended by
section 19 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 221. Determination of contested claims for disability and family
leave benefits. In accordance with regulations adopted by the chair,
within twenty-six weeks of written notice of rejection of claim, the
employee may file with the chair a notice that [his or her] THE EMPLOY-
EE'S claim for disability or family leave benefits has not been paid,
and the employee shall submit proof of disability or entitlement to
family leave and of [his or her] THE EMPLOYEE'S employment, wages and
other facts reasonably necessary for determination of the employee's
right to such benefits. Failure to file such notice within the time
provided, may be excused if it can be shown not to have been reasonably
possible to furnish such notice and that such notice was furnished as
soon as possible. On demand the employer or carrier shall forthwith
deliver to the board the original or a true copy of the health care
provider's report, wage and employment data and all other documentation
in the possession of the employer or carrier with respect to such claim.
The chair or designee, shall have full power and authority to deter-
mine all issues in relation to every such claim for disability benefits
required or provided under this article, and shall file its decision in
the office of the chairman. Upon such filing, the chairman shall send to
the parties a copy of the decision. Either party may present evidence
and be represented by counsel at any hearing on such claim. The decision
of the board shall be final as to all questions of fact and, except as
provided in section twenty-three of this chapter, as to all questions of
S. 8305--B 37
law. Every decision shall be complied with in accordance with its terms
within ten days thereafter except as permitted by law upon the filing of
a request for review, and any payments due under such decision shall
draw simple interest from thirty days after the making thereof at the
rate provided in section five thousand four of the civil practice law
and rules. The chair shall adopt rules and regulations to carry out the
provisions of this article including but not limited to resolution of
contested claims and requests for review thereof, and payment of costs
for resolution of disputed claims by carriers. Any designated process
shall afford the parties the opportunity to present evidence and to be
represented by counsel in any such proceeding. The chair shall have the
authority to provide for alternative dispute resolution procedures for
claims arising under DISABILITY AND family leave, including but not
limited to referral and submission of disputed claims to a neutral arbi-
trator under the auspices of an alternative dispute resolution associ-
ation pursuant to article seventy-five of the civil practice law and
rules. Neutral arbitrator shall mean an arbitrator who does not have a
material interest in the outcome of the arbitration proceeding or an
existing and substantial relationship, including but not limited to
pecuniary interests, with a party, counsel or representative of a party.
Any determination made by alternative dispute resolution shall not be
reviewable by the board and the venue for any appeal shall be to a court
of competent jurisdiction.
§ 13. Section 228 of the workers' compensation law, as added by
section 27 of part GG of chapter 57 of the laws of 2013, is amended to
read as follows:
§ 228. Administrative expenses. 1. The estimated annual expenses
necessary for the workers' compensation board to administer the
provisions of the disability AND PAID FAMILY LEAVE benefits law shall be
borne by all affected employers and included as part of the assessment
rate generated pursuant to subdivision two of section one hundred
fifty-one of this chapter.
2. Annually, as soon as practicable after the first day of April, the
chair and department of audit and control shall ascertain the total
amount of actual expenses.
§ 14. Subsection (n) of section 4235 of the insurance law is amended
by adding a new paragraph 4 to read as follows:
(4)(A) THE SUPERINTENDENT SHALL ESTABLISH BY SEPTEMBER FIRST OF EACH
YEAR THE MAXIMUM EMPLOYEE CONTRIBUTION THAT A COVERED EMPLOYER, AS
DEFINED IN SECTION TWO HUNDRED TWO OF THE WORKERS' COMPENSATION LAW, IS
AUTHORIZED TO COLLECT FROM EACH EMPLOYEE FOR THE COST OF DISABILITY
BENEFITS PROVIDED PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION
LAW THROUGH A GROUP ACCIDENT AND HEALTH INSURANCE POLICY OR THROUGH A
SELF-FUNDED EMPLOYER FOR ITS EMPLOYEES.
(I) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SIX, THE MAXIMUM
EMPLOYEE CONTRIBUTION AMOUNT SHALL BE ONE-HALF OF ONE PERCENT OF THE
EMPLOYEE'S WAGES BUT SHALL NOT EXCEED TWO DOLLARS AND TWENTY CENTS PER
WEEK.
(II) BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY, THE MAXIMUM EMPLOY-
EE CONTRIBUTION THAT A COVERED EMPLOYER IS AUTHORIZED TO COLLECT FROM
EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED BY THIS ARTI-
CLE SHALL BE ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES, BUT
SHALL NOT EXCEED THIRTY PERCENT OF THE AVERAGE OF THE COMBINATION OF ALL
EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR
OF THE WORKERS' COMPENSATION LAW DURING THE PRIOR CALENDAR YEAR, WHICH
S. 8305--B 38
THE SUPERINTENDENT SHALL DETERMINE AND PUBLISH ON THE DEPARTMENT'S
WEBSITE.
(B) A SELF-FUNDED EMPLOYER SHALL SUBMIT REPORTS TO THE SUPERINTENDENT
FOR THE PURPOSE OF DETERMINING THIRTY PERCENT OF THE AVERAGE OF THE
COMBINATION OF ALL EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO DISABILITY
BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF
SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION LAW. A SELF-FUND-
ED EMPLOYER SHALL SUBMIT A REPORT TO THE SUPERINTENDENT BY JULY FIRST,
TWO THOUSAND TWENTY-NINE THAT SETS FORTH EMPLOYEE AND EMPLOYER CONTRIB-
UTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION
LAW FOR THE YEAR-ENDING TWO THOUSAND TWENTY-THREE, IN A FORMAT DETER-
MINED BY THE SUPERINTENDENT. BEGINNING APRIL FIRST, TWO THOUSAND THIR-
TY, AND ANNUALLY THEREAFTER, A SELF-FUNDED EMPLOYER SHALL SUBMIT A
REPORT TO THE SUPERINTENDENT THAT SETS FORTH EMPLOYEE AND EMPLOYER
CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPEN-
SATION LAW FOR THE PRIOR CALENDAR YEAR, IN A FORMAT DETERMINED BY THE
SUPERINTENDENT.
§ 14-a. Section 203 of the workers' compensation law, as amended by
section 3 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 203. Employees eligible for benefits under section two hundred four
of this article. Employees in employment of a covered employer for four
or more consecutive weeks and employees in employment during the work
period usual to and available during such four or more consecutive weeks
in any trade or business in which they are regularly employed and in
which hiring from day to day of such employees is the usual employment
practice shall be eligible for disability AND FAMILY LEAVE benefits as
provided in section two hundred four of this article. [Employees in
employment of a covered employer for twenty-six or more consecutive
weeks and employees in employment during the work period usual to and
available during such twenty-six or more consecutive weeks in any trade
or business in which they are regularly employed and in which hiring
from day to day of such employees is the usual employment practice shall
be eligible for family leave benefits as provided in section two hundred
four of this article. Every such employee shall continue to be eligible
for family leave benefits only during employment with a covered employ-
er.] Every such employee shall continue to be eligible for disability
AND FAMILY LEAVE benefits during such employment and for a period of
four weeks after such employment terminates regardless of whether the
employee performs any work for remuneration or profit in non-covered
employment. If during such four week period the employee performs any
work for remuneration or profit for another covered employer the employ-
ee shall become eligible for disability AND FAMILY LEAVE benefits imme-
diately with respect to that employment. In addition every such employee
who has previously completed four or more consecutive weeks in employ-
ment with the covered employer for purposes of disability AND FAMILY
LEAVE benefits[, or twenty-six or more consecutive weeks in employment
with the covered employer for purposes of paid family leave,] and
returns to work with the same employer after an agreed and specified
unpaid leave of absence or vacation without pay shall become eligible
for benefits immediately with respect to such employment. An employee
who during a period in which [he or she] THE EMPLOYEE is eligible to
receive benefits under subdivision two of section two hundred seven of
this article returns to employment with a covered employer and an
S. 8305--B 39
employee who is currently receiving unemployment insurance benefits or
benefits under section two hundred seven of this article and who returns
to employment with a covered employer shall become eligible for disabil-
ity benefits immediately with respect to such employment. An employee
regularly in the employment of a single employer on a work schedule less
than the employer's normal work week shall become eligible for disabili-
ty AND FAMILY leave benefits on the twenty-fifth day of such regular
employment [and for purposes of paid family leave an employer shall
become eligible for benefits on the one hundred seventy-fifth day of
such regular employment]. An employee who is eligible for disability and
family leave benefits in the employment of a covered employer shall not
be deemed, for the purposes of this article, to have such employment
terminated during any period [he or she] THE EMPLOYEE is eligible to
receive benefits under section two hundred four of this article with
respect to such employment.
§ 14-b. Paragraph (b) of subdivision 4 of section 212 of the workers'
compensation law, as added by section 13 of part SS of chapter 54 of the
laws of 2016, is amended to read as follows:
(b) Notwithstanding the definition of "employer" in section two
hundred one of this article, a sole proprietor, member of a limited
liability company or limited liability partnership, or other self-em-
ployed person may become a covered employer under this article FOR A
PERIOD OF AT LEAST ONE YEAR by complying with the provisions of subdivi-
sion one of this section. A SELF-EMPLOYED PERSON WHO BECOMES A COVERED
EMPLOYER UNDER THIS SECTION SHALL BECOME ELIGIBLE FOR DISABILITY AND
FAMILY LEAVE BENEFITS NO LATER THAN FOUR WEEKS AFTER THE PURCHASE OF A
POLICY OF INSURANCE UNDER THIS ARTICLE.
§ 14-c. Subdivision 5 of section 205 of the workers' compensation law,
as added by section 6 of part SS of chapter 54 of the laws of 2016, is
amended to read as follows:
5. (A) In any case in which the necessity for family leave is foresee-
able based on an expected birth or placement, the employee shall provide
the employer with not less than thirty days notice before the date the
leave is to begin, of the employee's intention to take family leave
under this article, except that if the date of the birth or placement
requires leave to begin in less than thirty days, the employee shall
provide such notice as is practicable. In any case in which the necessi-
ty for family leave is foreseeable based on planned medical treatment,
the employee shall provide the employer with not less than thirty days
notice, before the date the leave is to begin, of the employees inten-
tion to take family leave under this article, except that if the date of
the treatment requires leave to begin in less than thirty days, the
employee shall provide such notice as is practicable.
(B) ANY EMPLOYEE WHO HAS BEEN DEEMED ELIGIBLE TO TAKE FAMILY LEAVE
BENEFITS UNDER THIS ARTICLE AND WHO IS SUBSEQUENTLY DEEMED INELIGIBLE
FOR FAMILY LEAVE BENEFITS DUE TO A STILLBIRTH SHALL BE ENTITLED TO TAKE
FAMILY LEAVE BENEFITS, PROVIDED THAT SUCH EMPLOYEE MAY NOT COLLECT DISA-
BILITY BENEFITS CONCURRENTLY.
§ 15. Section 2605 of the insurance law is amended to read as follows:
§ 2605. Penalty for violating workers' compensation law. The super-
intendent may impose a penalty not to exceed twenty-five hundred dollars
PER VIOLATION upon any insurer required to be licensed under the
provisions of this chapter, if, after notice to and a hearing of such
insurer, [he] THE SUPERINTENDENT finds it has unreasonably failed to
comply with the workers' compensation law.
S. 8305--B 40
§ 16. This act shall take effect immediately and shall apply to all
policies issued, renewed, modified, altered, or amended on or after
January 1, 2026; provided, however that the amendments to subdivision 5
of section 205 of the workers' compensation law made by section four-
teen-c of this act shall expire and be deemed repealed January 1, 2028.
PART O
Intentionally Omitted
PART P
Section 1. The general business law is amended by adding a new article
39-FF to read as follows:
ARTICLE 39-FF
NEW YORK CHILD DATA PROTECTION ACT
SECTION 899-EE. DEFINITIONS.
899-FF. PRIVACY PROTECTION BY DEFAULT.
899-GG. THIRD PARTIES.
899-HH. ONGOING COVERAGE.
899-II. RESPECTING USER-PROVIDED AGE FLAGS.
899-JJ. PROTECTIONS FOR THIRD-PARTY OPERATORS.
899-KK. RULEMAKING AUTHORITY.
899-LL. SCOPE.
899-MM. REMEDIES.
§ 899-EE. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "COVERED USER" SHALL MEAN A USER OF A WEBSITE, ONLINE SERVICE,
ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR PORTION
THEREOF, IN THE STATE OF NEW YORK WHO IS:
(A) ACTUALLY KNOWN BY THE OPERATOR OF SUCH WEBSITE, ONLINE SERVICE,
ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE TO BE A
MINOR; OR
(B) A USER OF A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE
APPLICATION, OR CONNECTED DEVICE PRIMARILY DIRECTED TO MINORS.
2. "MINOR" SHALL MEAN A NATURAL PERSON UNDER THE AGE OF EIGHTEEN.
3. "OPERATOR" SHALL MEAN ANY PERSON:
(A) WHO OPERATES OR PROVIDES A WEBSITE ON THE INTERNET, ONLINE
SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE;
AND
(B) WHO:
(I) COLLECTS OR MAINTAINS, EITHER DIRECTLY OR THROUGH ANOTHER PERSON,
PERSONAL DATA FROM OR ABOUT THE USERS OF SUCH WEBSITE, SERVICE, APPLICA-
TION, OR CONNECTED DEVICE;
(II) INTEGRATES WITH ANOTHER WEBSITE, SERVICE, APPLICATION, OR
CONNECTED DEVICE AND DIRECTLY COLLECTS PERSONAL DATA FROM THE USERS OF
SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED DEVICE;
(III) ALLOWS ANOTHER PERSON TO COLLECT PERSONAL DATA DIRECTLY FROM
USERS OF SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED DEVICE; OR
(IV) ALLOWS USERS OF SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED
DEVICE TO PUBLICLY DISCLOSE PERSONAL DATA.
4. "PERSONAL DATA" SHALL MEAN ANY DATA THAT IDENTIFIES OR COULD
REASONABLY BE LINKED, DIRECTLY OR INDIRECTLY, WITH A SPECIFIC NATURAL
PERSON OR DEVICE.
S. 8305--B 41
5. "PROCESS" OR "PROCESSING" SHALL MEAN AN OPERATION OR SET OF OPER-
ATIONS PERFORMED ON PERSONAL DATA, INCLUDING BUT NOT LIMITED TO THE
COLLECTION, USE, ACCESS, SHARING, SALE, MONETIZATION, ANALYSIS,
RETENTION, CREATION, GENERATION, DERIVATION, RECORDING, ORGANIZATION,
STRUCTURING, STORAGE, DISCLOSURE, TRANSMISSION, DISPOSAL, LICENSING,
DESTRUCTION, DELETION, MODIFICATION, OR DEIDENTIFICATION OF PERSONAL
DATA.
6. "PRIMARILY DIRECTED TO MINORS" SHALL MEAN A WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR
A PORTION THEREOF, THAT IS TARGETED TO MINORS. A WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR
PORTION THEREOF, SHALL NOT BE DEEMED DIRECTED PRIMARILY TO MINORS SOLELY
BECAUSE SUCH WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLI-
CATION, OR CONNECTED DEVICE, OR PORTION THEREOF REFERS OR LINKS TO ANY
OTHER WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,
OR CONNECTED DEVICE DIRECTED TO MINORS BY USING INFORMATION LOCATION
TOOLS, INCLUDING A DIRECTORY, INDEX, REFERENCE, POINTER, OR HYPERTEXT
LINK. A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,
OR CONNECTED DEVICE, OR PORTION THEREOF, SHALL BE DEEMED DIRECTED TO
MINORS WHEN IT HAS ACTUAL KNOWLEDGE THAT IT IS COLLECTING PERSONAL DATA
OF USERS DIRECTLY FROM USERS OF ANOTHER WEBSITE, ONLINE SERVICE, ONLINE
APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE PRIMARILY DIRECTED
TO MINORS.
7. "SELL" SHALL MEAN TO SHARE PERSONAL DATA FOR MONETARY OR OTHER
VALUABLE CONSIDERATION. "SELLING" SHALL NOT INCLUDE THE SHARING OF
PERSONAL DATA FOR MONETARY OR OTHER VALUABLE CONSIDERATION TO ANOTHER
PERSON AS AN ASSET THAT IS PART OF A MERGER, ACQUISITION, BANKRUPTCY, OR
OTHER TRANSACTION IN WHICH THAT PERSON ASSUMES CONTROL OF ALL OR PART OF
THE OPERATOR'S ASSETS.
8. "THIRD PARTY" SHALL MEAN ANY PERSON WHO IS NOT ANY OF THE FOLLOW-
ING:
(A) THE OPERATOR WITH WHOM THE USER INTENTIONALLY INTERACTS AND WHO
COLLECTS PERSONAL DATA FROM THE USER AS PART OF THE USER'S CURRENT
INTERACTION WITH THE OPERATOR;
(B) THE USER WHOSE PERSONAL DATA THE OPERATOR PROCESSES; OR
(C) THE PARENT OR LEGAL GUARDIAN OF A USER UNDER THIRTEEN YEARS OLD
WHOSE PERSONAL DATA THE OPERATOR PROCESSES.
§ 899-FF. PRIVACY PROTECTION BY DEFAULT. 1. EXCEPT AS PROVIDED FOR IN
SUBDIVISION SIX OF THIS SECTION AND SECTION EIGHT HUNDRED NINETY-NINE-JJ
OF THIS ARTICLE, AN OPERATOR SHALL NOT PROCESS, OR ALLOW A THIRD PARTY
TO PROCESS, THE PERSONAL DATA OF A COVERED USER COLLECTED THROUGH THE
USE OF A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICA-
TION, OR CONNECTED DEVICE UNLESS AND TO THE EXTENT:
(A) THE COVERED USER IS TWELVE YEARS OF AGE OR YOUNGER AND PROCESSING
IS PERMITTED UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS; OR
(B) THE COVERED USER IS THIRTEEN YEARS OF AGE OR OLDER AND PROCESSING
IS STRICTLY NECESSARY FOR AN ACTIVITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION, OR INFORMED CONSENT HAS BEEN OBTAINED AS SET FORTH IN
SUBDIVISION THREE OF THIS SECTION.
2. FOR THE PURPOSES OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, THE PROCESSING OF PERSONAL DATA OF A COVERED USER IS PERMISSI-
BLE WHERE IT IS STRICTLY NECESSARY FOR THE FOLLOWING ACTIVITIES:
(A) PROVIDING OR MAINTAINING A SPECIFIC PRODUCT OR SERVICE REQUESTED
BY THE COVERED USER;
(B) CONDUCTING THE OPERATOR'S INTERNAL BUSINESS OPERATIONS. FOR
PURPOSES OF THIS PARAGRAPH, SUCH INTERNAL BUSINESS OPERATIONS SHALL NOT
S. 8305--B 42
INCLUDE ANY ACTIVITIES RELATED TO MARKETING, ADVERTISING, OR PROVIDING
PRODUCTS OR SERVICES TO THIRD PARTIES, OR PROMPTING COVERED USERS TO USE
THE WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR
CONNECTED DEVICE WHEN IT IS NOT IN USE;
(C) IDENTIFYING AND REPAIRING TECHNICAL ERRORS THAT IMPAIR EXISTING OR
INTENDED FUNCTIONALITY;
(D) PROTECTING AGAINST MALICIOUS, FRAUDULENT, OR ILLEGAL ACTIVITY;
(E) INVESTIGATING, ESTABLISHING, EXERCISING, PREPARING FOR, OR DEFEND-
ING LEGAL CLAIMS;
(F) COMPLYING WITH FEDERAL, STATE, OR LOCAL LAWS, RULES, OR REGU-
LATIONS;
(G) COMPLYING WITH A CIVIL, CRIMINAL, OR REGULATORY INQUIRY, INVESTI-
GATION, SUBPOENA, OR SUMMONS BY FEDERAL, STATE, LOCAL, OR OTHER GOVERN-
MENTAL AUTHORITIES;
(H) DETECTING, RESPONDING TO, OR PREVENTING SECURITY INCIDENTS OR
THREATS; OR
(I) PROTECTING THE VITAL INTERESTS OF A NATURAL PERSON.
3. (A) FOR THE PURPOSES OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, TO PROCESS PERSONAL DATA OF A COVERED USER WHERE SUCH PROCESS-
ING IS NOT STRICTLY NECESSARY UNDER SUBDIVISION TWO OF THIS SECTION,
INFORMED CONSENT MUST BE OBTAINED FROM THE COVERED USER EITHER THROUGH A
DEVICE COMMUNICATION OR SIGNAL PURSUANT TO THE PROVISIONS OF SUBDIVISION
TWO OF SECTION EIGHT HUNDRED NINETY-NINE-II OF THIS ARTICLE OR THROUGH A
REQUEST. REQUESTS FOR SUCH INFORMED CONSENT SHALL:
(I) BE MADE SEPARATELY FROM ANY OTHER TRANSACTION OR PART OF A TRANS-
ACTION;
(II) BE MADE IN THE ABSENCE OF ANY MECHANISM THAT HAS THE PURPOSE OR
SUBSTANTIAL EFFECT OF OBSCURING, SUBVERTING, OR IMPAIRING A COVERED
USER'S DECISION-MAKING REGARDING AUTHORIZATION FOR THE PROCESSING;
(III) CLEARLY AND CONSPICUOUSLY STATE THAT THE PROCESSING FOR WHICH
CONSENT IS REQUESTED IS NOT STRICTLY NECESSARY, AND THAT THE COVERED
USER MAY DECLINE WITHOUT PREVENTING CONTINUED USE OF THE WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE;
AND
(IV) CLEARLY PRESENT AN OPTION TO REFUSE TO PROVIDE CONSENT AS THE
MOST PROMINENT OPTION.
(B) SUCH INFORMED CONSENT, ONCE GIVEN, SHALL BE FREELY REVOCABLE AT
ANY TIME, AND SHALL BE AT LEAST AS EASY TO REVOKE AS IT WAS TO PROVIDE.
(C) IF A COVERED USER DECLINES TO PROVIDE OR REVOKES INFORMED CONSENT
FOR PROCESSING, ANOTHER REQUEST MAY NOT BE MADE FOR SUCH PROCESSING FOR
THE FOLLOWING CALENDAR YEAR, HOWEVER AN OPERATOR MAY MAKE AVAILABLE A
MECHANISM THAT A COVERED USER CAN USE, AT THE USER'S DISCRETION, TO
PROVIDE INFORMED CONSENT.
(D) IF A COVERED USER'S DEVICE COMMUNICATES OR SIGNALS THAT THE
COVERED USER DECLINES TO PROVIDE INFORMED CONSENT FOR PROCESSING PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED NINE-
TY-NINE-II OF THIS ARTICLE, AN OPERATOR SHALL NOT REQUEST INFORMED
CONSENT FOR SUCH PROCESSING, HOWEVER AN OPERATOR MAY MAKE AVAILABLE A
MECHANISM THAT A COVERED USER CAN USE, AT THE USER'S DISCRETION, TO
PROVIDE INFORMED CONSENT.
4. EXCEPT WHERE PROCESSING IS STRICTLY NECESSARY TO PROVIDE A PRODUCT,
SERVICE, OR FEATURE, AN OPERATOR MAY NOT WITHHOLD, DEGRADE, LOWER THE
QUALITY, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR FEATURE TO A
COVERED USER DUE TO THE OPERATOR NOT OBTAINING VERIFIABLE PARENTAL
CONSENT UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS OR
INFORMED CONSENT UNDER SUBDIVISION THREE OF THIS SECTION.
S. 8305--B 43
5. EXCEPT AS PROVIDED FOR IN SECTION EIGHT HUNDRED NINETY-NINE-JJ OF
THIS ARTICLE, AN OPERATOR SHALL NOT PURCHASE OR SELL, OR ALLOW A THIRD
PARTY TO PURCHASE OR SELL, THE PERSONAL DATA OF A COVERED USER.
6. WITHIN FOURTEEN DAYS OF DETERMINING THAT A USER IS A COVERED USER,
AN OPERATOR SHALL:
(A) DISPOSE OF, DESTROY, OR DELETE ALL PERSONAL DATA OF SUCH COVERED
USER THAT IT MAINTAINS, UNLESS PROCESSING SUCH PERSONAL DATA IS PERMIT-
TED UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS, IS STRICTLY
NECESSARY FOR AN ACTIVITY LISTED IN SUBDIVISION TWO OF THIS SECTION, OR
INFORMED CONSENT IS OBTAINED AS SET FORTH IN SUBDIVISION THREE OF THIS
SECTION; AND
(B) NOTIFY ANY THIRD PARTIES TO WHOM IT DISCLOSED THE PERSONAL DATA,
AND ANY THIRD PARTIES IT ALLOWED TO PROCESS THE PERSONAL DATA, THAT THE
USER IS A COVERED USER.
§ 899-GG. THIRD PARTIES. 1. EXCEPT AS PROVIDED FOR IN SECTION EIGHT
HUNDRED NINETY-NINE-JJ OF THIS ARTICLE, NO OPERATOR SHALL DISCLOSE THE
PERSONAL DATA OF A COVERED USER TO A THIRD PARTY, OR ALLOW THE PROCESS-
ING OF THE PERSONAL DATA OF A COVERED USER BY A THIRD PARTY, WITHOUT A
WRITTEN, BINDING AGREEMENT GOVERNING SUCH DISCLOSURE OR PROCESSING. SUCH
AGREEMENT SHALL CLEARLY SET FORTH INSTRUCTIONS FOR THE NATURE AND
PURPOSE OF THE THIRD-PARTY'S PROCESSING OF THE PERSONAL DATA,
INSTRUCTIONS FOR USING OR FURTHER DISCLOSING THE PERSONAL DATA, AND THE
RIGHTS AND OBLIGATIONS OF BOTH PARTIES.
2. EXCEPT AS PROVIDED FOR IN SECTION EIGHT HUNDRED NINETY-NINE-JJ OF
THIS ARTICLE, PRIOR TO DISCLOSING PERSONAL DATA TO A THIRD PARTY, THE
OPERATOR SHALL INFORM THE THIRD PARTY IF SUCH DATA IS THE PERSONAL DATA
OF A COVERED USER.
3. AN AGREEMENT PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL
REQUIRE THAT THE THIRD PARTY:
(A) PROCESS THE PERSONAL DATA OF COVERED USERS ONLY WHEN AND TO THE
EXTENT STRICTLY NECESSARY FOR AN ACTIVITY LISTED PURSUANT TO SUBDIVISION
TWO OF SECTION EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE, OR WHERE
INFORMED CONSENT WAS OBTAINED PURSUANT TO SUBDIVISION THREE OF SECTION
EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE;
(B) DELETE OR RETURN TO THE OPERATOR ALL PERSONAL DATA OF COVERED
USERS AT THE END OF ITS PROVISION OF SERVICES, UNLESS RETENTION OF THE
PERSONAL DATA IS REQUIRED BY LAW;
(C) UPON REASONABLE REQUEST OF THE OPERATOR, MAKE AVAILABLE TO THE
OPERATOR ALL DATA IN ITS POSSESSION NECESSARY TO DEMONSTRATE THE THIRD-
PARTY'S COMPLIANCE WITH THE OBLIGATIONS IN THIS SECTION;
(D) ALLOW, AND COOPERATE WITH, REASONABLE ASSESSMENTS BY THE OPERATOR
OR THE OPERATOR'S DESIGNATED ASSESSOR FOR PURPOSES OF EVALUATING COMPLI-
ANCE WITH THE OBLIGATIONS OF THIS ARTICLE. ALTERNATIVELY, THE THIRD
PARTY MAY ARRANGE FOR A QUALIFIED AND INDEPENDENT ASSESSOR TO CONDUCT AN
ASSESSMENT OF THE THIRD-PARTY'S POLICIES AND TECHNICAL AND ORGANIZA-
TIONAL MEASURES IN SUPPORT OF THE OBLIGATIONS UNDER THIS ARTICLE USING
AN APPROPRIATE AND ACCEPTED CONTROL STANDARD OR FRAMEWORK AND ASSESSMENT
PROCEDURE FOR SUCH ASSESSMENTS. THE THIRD PARTY SHALL PROVIDE A REPORT
OF SUCH ASSESSMENT TO THE OPERATOR UPON REQUEST; AND
(E) NOTIFY THE OPERATOR A REASONABLE TIME IN ADVANCE BEFORE DISCLOSING
OR TRANSFERRING THE PERSONAL DATA OF COVERED USERS TO ANY FURTHER THIRD
PARTIES, WHICH MAY BE IN THE FORM OF A REGULARLY UPDATED LIST OF FURTHER
THIRD PARTIES THAT MAY ACCESS PERSONAL DATA OF COVERED USERS.
§ 899-HH. ONGOING COVERAGE. UPON LEARNING THAT A USER IS NO LONGER A
COVERED USER, AN OPERATOR SHALL IMMEDIATELY PROVIDE NOTICE THAT SUCH
S. 8305--B 44
USER IS NO LONGER COVERED BY THE PROTECTIONS AND RIGHTS PROVIDED UNDER
THE PROVISIONS OF THIS ARTICLE.
§ 899-II. RESPECTING USER-PROVIDED AGE FLAGS. 1. FOR THE PURPOSES OF
THIS ARTICLE, AN OPERATOR SHALL TREAT A USER AS A COVERED USER IF THE
USER'S DEVICE COMMUNICATES OR SIGNALS THAT THE USER IS OR SHALL BE
TREATED AS A MINOR, INCLUDING THROUGH A BROWSER PLUG-IN OR PRIVACY
SETTING, DEVICE SETTING, OR OTHER MECHANISM.
2. FOR THE PURPOSES OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED
NINETY-NINE-FF OF THIS ARTICLE, AN OPERATOR SHALL ADHERE TO ANY CLEAR
AND UNAMBIGUOUS COMMUNICATIONS OR SIGNALS FROM A COVERED USER'S DEVICE,
INCLUDING THROUGH A BROWSER PLUG-IN OR PRIVACY SETTING, DEVICE SETTING,
OR OTHER MECHANISM, CONCERNING PROCESSING THAT THE COVERED USER CONSENTS
TO OR DECLINES TO CONSENT TO. AN OPERATOR SHALL NOT ADHERE TO UNCLEAR OR
AMBIGUOUS COMMUNICATIONS OR SIGNALS FROM A COVERED USER'S DEVICE, AND
SHALL INSTEAD REQUEST INFORMED CONSENT PURSUANT TO THE PROVISIONS OF
PARAGRAPH A OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED NINETY-NINE-FF
OF THIS ARTICLE.
§ 899-JJ. PROTECTIONS FOR THIRD-PARTY OPERATORS. SECTIONS EIGHT
HUNDRED NINETY-NINE-FF AND EIGHT HUNDRED NINETY-NINE-GG OF THIS ARTICLE
SHALL NOT APPLY TO AN OPERATOR PROCESSING THE PERSONAL DATA OF A COVERED
USER OF ANOTHER WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE
APPLICATION, OR CONNECTED DEVICE, OR PORTION THEREOF, WHERE THE OPERATOR
RECEIVED REASONABLE WRITTEN REPRESENTATIONS THAT THE COVERED USER
PROVIDED INFORMED CONSENT FOR SUCH PROCESSING, OR:
1. THE OPERATOR DOES NOT HAVE ACTUAL KNOWLEDGE THAT THE COVERED USER
IS A MINOR; AND
2. THE OPERATOR DOES NOT HAVE ACTUAL KNOWLEDGE THAT THE OTHER WEBSITE,
ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED
DEVICE, OR PORTION THEREOF, IS PRIMARILY DIRECTED TO MINORS.
§ 899-KK. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE
SUCH RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND ENFORCE
THE PROVISIONS OF THIS ARTICLE.
§ 899-LL. SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT OCCURS IN
WHOLE OR IN PART IN THE STATE OF NEW YORK. FOR PURPOSES OF THIS ARTICLE,
COMMERCIAL CONDUCT TAKES PLACE WHOLLY OUTSIDE OF THE STATE OF NEW YORK
IF THE BUSINESS COLLECTED SUCH INFORMATION WHILE THE COVERED USER WAS
OUTSIDE OF THE STATE OF NEW YORK, NO PART OF THE USE OF THE COVERED
USER'S PERSONAL DATA OCCURRED IN THE STATE OF NEW YORK, AND NO PERSONAL
DATA COLLECTED WHILE THE COVERED USER WAS IN THE STATE OF NEW YORK IS
USED.
2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT AN OPERATOR
FROM STORING A COVERED USER'S PERSONAL DATA THAT WAS COLLECTED PURSUANT
TO SECTION EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE WHEN SUCH
COVERED USER IS IN THE STATE.
3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY FOR
COMMERCIAL ACTIVITIES OR ACTIONS BY OPERATORS SUBJECT TO 15 U.S.C. 6501
THAT IS INCONSISTENT WITH THE TREATMENT OF SUCH ACTIVITIES OR ACTIONS
UNDER 15 U.S.C. 6502.
§ 899-MM. REMEDIES. WHENEVER IT APPEARS TO THE ATTORNEY GENERAL,
EITHER UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN OR OUTSIDE
THE STATE, HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR
PRACTICES STATED TO BE UNLAWFUL IN THIS ARTICLE, THE ATTORNEY GENERAL
MAY BRING AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF
THE PEOPLE OF THE STATE OF NEW YORK TO ENJOIN ANY VIOLATION OF THIS
ARTICLE, TO OBTAIN RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED
DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT OF
S. 8305--B 45
ANY PROFITS OR GAINS OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH
VIOLATION, INCLUDING BUT NOT LIMITED TO THE DESTRUCTION OF UNLAWFULLY
OBTAINED DATA AND ALGORITHMS TRAINED ON SUCH DATA, TO OBTAIN DAMAGES
CAUSED DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL
PENALTIES OF UP TO FIVE THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN
ANY SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUD-
ING PRELIMINARY RELIEF.
§ 2. Severability. If any clause, sentence, paragraph, subdivision,
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, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
PART Q
Section 1. Subdivision 2 of section 200 of the state finance law, as
added by chapter 78 of the laws of 1982, is amended to read as follows:
2. Notwithstanding the provisions of subdivision one of this section,
where the state and an employee organization representing state officers
and employees who are in positions which are in collective negotiating
units established pursuant to article fourteen of the civil service law
enter into an agreement providing for an alternative procedure for the
payment of salaries to such employees or where the director of employee
relations shall authorize an alternative procedure for the payment of
salaries to state officers or employees in the executive branch who are
in positions which are not in collective negotiating units, such alter-
native procedure shall be implemented in lieu of the procedure specified
in subdivision one of this section. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, WHERE THE STATE AND AN EMPLOYEE ORGANIZATION
REPRESENTING OFFICERS AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN
POSITIONS WHICH ARE IN COLLECTIVE NEGOTIATING UNITS ESTABLISHED PURSUANT
TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW ENTER INTO AN AGREEMENT, OR
WHERE THE DIRECTOR OF EMPLOYEE RELATIONS SHALL AUTHORIZE FOR OFFICERS
AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN POSITIONS WHICH ARE NOT
IN COLLECTIVE NEGOTIATING UNITS, THE ALTERNATE PROCEDURE SPECIFIED
HEREIN SHALL BE TERMINATED FOR OFFICERS AND EMPLOYEES HIRED ON OR AFTER
JULY FIRST, TWO THOUSAND TWENTY-FOUR. THE ALTERNATE PROCEDURE SPECIFIED
HEREIN SHALL ALSO BE TERMINATED FOR: (I) NONJUDICIAL OFFICERS AND
EMPLOYEES OF THE UNIFIED COURT SYSTEM HIRED ON OR AFTER JULY FIRST, TWO
THOUSAND TWENTY-FOUR, IF THE CHIEF ADMINISTRATOR OF THE COURTS SO
ELECTS; (II) EMPLOYEES OF THE SENATE HIRED ON OR AFTER JULY FIRST, TWO
THOUSAND TWENTY-FOUR, IF THE TEMPORARY PRESIDENT OF THE SENATE SO
ELECTS; (III) EMPLOYEES OF THE ASSEMBLY HIRED ON OR AFTER JULY FIRST,
TWO THOUSAND TWENTY-FOUR, IF THE SPEAKER OF THE ASSEMBLY SO ELECTS; AND
(IV) EMPLOYEES OF JOINT LEGISLATIVE EMPLOYERS HIRED ON OR AFTER JULY
FIRST, TWO THOUSAND TWENTY-FOUR, IF THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY MUTUALLY SO ELECT FOR ALL SUCH
S. 8305--B 46
JOINT LEGISLATIVE EMPLOYERS. ANY ELECTION MADE PURSUANT TO PARAGRAPH
(I), (II), (III), OR (IV) OF THIS SUBDIVISION SHALL BE IN WRITING AND
FILED WITH THE STATE COMPTROLLER NOT LATER THAN THIRTY DAYS AFTER THE
ENACTMENT OF THIS LEGISLATION.
§ 2. Paragraph (c) of subdivision 2-a of section 200 of the state
finance law, as added by chapter 947 of the laws of 1990, is amended to
read as follows:
(c) For officers and employees hired after the effective date of this
act, the withholding of five days of salary shall be accomplished in the
same manner provided in paragraph (a) of this section provided, however,
such withholding shall be taken on the first five payment dates in which
such new employees would otherwise have received their salary. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE STATE AND
AN EMPLOYEE ORGANIZATION REPRESENTING OFFICERS AND EMPLOYEES IN THE
EXECUTIVE BRANCH WHO ARE IN POSITIONS WHICH ARE IN COLLECTIVE NEGOTIAT-
ING UNITS ESTABLISHED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE
LAW ENTER INTO AN AGREEMENT, OR WHERE THE DIRECTOR OF EMPLOYEE RELATIONS
SHALL AUTHORIZE FOR OFFICERS OR EMPLOYEES IN THE EXECUTIVE BRANCH WHO
ARE IN POSITIONS WHICH ARE NOT IN COLLECTIVE NEGOTIATING UNITS, OFFICERS
AND EMPLOYEES HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR,
SHALL NOT BE SUBJECT TO THE WITHHOLDING OF FIVE DAYS OF SALARY ON THEIR
FIRST FIVE PAYMENT DATES AS SPECIFIED HEREIN. SUCH WITHHOLDING SHALL NOT
BE TAKEN FOR: (I) NONJUDICIAL OFFICERS AND EMPLOYEES OF THE UNIFIED
COURT SYSTEM HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF
THE CHIEF ADMINISTRATOR OF THE COURTS SO ELECTS; (II) EMPLOYEES OF THE
SENATE HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF THE
TEMPORARY PRESIDENT OF THE SENATE SO ELECTS; (III) EMPLOYEES OF THE
ASSEMBLY HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF THE
SPEAKER OF THE ASSEMBLY SO ELECTS; AND (IV) EMPLOYEES OF JOINT LEGISLA-
TIVE EMPLOYERS HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR,
IF THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
MUTUALLY SO ELECT FOR ALL SUCH JOINT LEGISLATIVE EMPLOYERS. ANY
ELECTION MADE PURSUANT TO SUBPARAGRAPH (I), (II), (III), OR (IV) OF THIS
PARAGRAPH SHALL BE IN WRITING AND FILED WITH THE STATE COMPTROLLER NOT
LATER THAN THIRTY DAYS AFTER THE ENACTMENT OF THIS LEGISLATION.
§ 3. Paragraph (a) of subdivision 2-b of section 200 of the state
finance law, as amended by chapter 171 of the laws of 1991, is amended
to read as follows:
(a) For nonjudicial officers and employees of the unified court
system: commencing with the earliest administratively feasible payroll
period (and corresponding payment date) subsequent to the date this
subdivision becomes a law, payment on the payment date of the five
payroll periods commencing thereon shall be for nine-tenths of that
amount paid each payroll period until a total of five-tenths of salary
for one payroll period that would be paid but for this provision has
been withheld. For nonjudicial officers and employees hired after the
date this subdivision becomes a law, the withholding of five days of
salary shall be accomplished in the same manner described above,
provided, however, such withholding shall be made on the first five
payment dates in which such new officers or employees would otherwise
have received their salary. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, SUCH WITHHOLDING SHALL NOT BE TAKEN FOR NONJUDICIAL
OFFICERS AND EMPLOYEES OF THE UNIFIED COURT SYSTEM HIRED ON OR AFTER
JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF THE CHIEF ADMINISTRATOR OF THE
COURTS SO ELECTS. ANY ELECTION MADE PURSUANT TO THIS SUBDIVISION SHALL
S. 8305--B 47
BE IN WRITING AND FILED WITH THE STATE COMPTROLLER NOT LATER THAN THIRTY
DAYS AFTER THE ENACTMENT OF THIS LEGISLATION.
§ 4. This act shall take effect July 1, 2024.
PART R
Intentionally Omitted
PART S
Intentionally Omitted
PART T
Intentionally Omitted
PART U
Section 1. Section 239-bb of the general municipal law, as added by
section 1 of part EE of chapter 55 of the laws of 2018, subdivision 8 as
amended by chapter 717 of the laws of 2022, subdivisions 9 and 11 as
amended by chapter 294 of the laws of 2021, and subdivision 12 as added
by chapter 773 of the laws of 2023, is amended to read as follows:
§ 239-bb. County-wide shared services panels. 1. Definitions. The
following terms shall have the following meanings for the purposes of
this article:
a. "County" shall mean any county not wholly contained within a city.
b. "County CEO" shall mean the county executive, county manager or
other chief executive of the county, or, where none, the chair of the
county legislative body.
c. "Panel" shall mean a county-wide shared services panel established
pursuant to subdivision two of this section.
d. "Plan" shall mean a county-wide shared services property tax
savings plan.
2. County-wide shared services panels. a. There [shall] MAY be a coun-
ty-wide shared services panel in each county consisting of the county
CEO, and one representative from each city, town and village in the
county. The chief executive officer of each town, city and village shall
be the representative to a panel and shall be the mayor, if a city or a
village, or shall be the supervisor, if a town. The county CEO shall
serve as chair. [All panels established in each county pursuant to part
BBB of chapter fifty-nine of the laws of two thousand seventeen, and
prior to the enactment of this article, shall continue in satisfaction
of this section in such form as they were established, provided that the
county CEO may alter the membership of the panel consistent with para-
graph b of this subdivision.]
b. The county CEO may invite any school district, board of cooperative
educational services, fire district, fire protection district, or
special improvement district in the county to join a panel. Upon such
invitation, the governing body of such school district, board of cooper-
ative educational services, fire district, fire protection district, or
other special district may accept such invitation by selecting a repre-
sentative of such governing body, by majority vote, to serve as a member
S. 8305--B 48
of the panel. [Such school district, board of cooperative educational
services, fire district, fire protection district or other special
district shall maintain such representation until the panel either
approves a plan or transmits a statement to the secretary of state on
the reason the panel did not approve a plan, pursuant to paragraph d of
subdivision seven of this section. Upon approval of a plan or a trans-
mission of a statement to the secretary of state that a panel did not
approve a plan in any calendar year, the county CEO may, but need not,
invite any school district, board of cooperative educational services,
fire district, fire protection district or special improvement district
in the county to join a panel thereafter convened.]
3. [a.] Each county CEO [shall, after satisfying the requirements of
part BBB of chapter fifty-nine of the laws of two thousand seventeen,
annually] MAY convene the panel and [shall] undertake to revise and
update a previously approved plan or alternatively develop a new plan
[through December thirty-first, two thousand twenty-one]. Such plans
shall contain new, recurring property tax savings resulting from actions
such as, but not limited to, the elimination of duplicative services;
shared services arrangements including, joint purchasing, shared highway
equipment, shared storage facilities, shared plowing services and energy
and insurance purchasing cooperatives; reducing back office and adminis-
trative overhead; and better coordinating services. The secretary of
state may provide advice and/or recommendations on the form and struc-
ture of such plans.
[b. After having convened at least two meetings in a calendar year, a
panel may, by majority vote, determine that it is not in the best inter-
est of the taxpayers to revise and update a previously approved plan or
to develop a new plan in such year. The county CEO of such panel shall
then comply with the provisions of paragraph (d) of subdivision seven of
this section.
4. While revising or updating a previously approved plan, or while
developing a new plan, the county CEO shall regularly consult with, and
take recommendations from, the representatives: on the panel; of each
collective bargaining unit of the county and the cities, towns, and
villages; and of each collective bargaining unit of any participating
school district, board of cooperative educational services, fire
district, fire protection district, or special improvement district.
5. The county CEO, the county legislative body and a panel shall
accept input from the public, civic, business, labor and community lead-
ers on any proposed plan. The county CEO shall cause to be conducted a
minimum of three public hearings prior to submission of a plan to a vote
of a panel. All such public hearings shall be conducted within the coun-
ty, and public notice of all such hearings shall be provided at least
one week prior in the manner prescribed in subdivision one of section
one hundred four of the public officers law. Civic, business, labor, and
community leaders, as well as members of the public, shall be permitted
to provide public testimony at any such hearings.
6. a. The county CEO shall submit each plan, accompanied by a certif-
ication as to the accuracy of the savings contained therein, to the
county legislative body at least forty-five days prior to a vote by the
panel.
b. The county legislative body shall review and consider each plan
submitted in accordance with paragraph a of this subdivision. A majority
of the members of such body may issue an advisory report on each plan,
making recommendations as deemed necessary. The county CEO may modify a
S. 8305--B 49
plan based on such recommendations, which shall include an updated
certification as to the accuracy of the savings contained therein.
7. a. A panel shall duly consider any plan properly submitted to the
panel by the county CEO and may approve such plan by a majority vote of
the panel. Each member of a panel may, prior to the panel-wide vote,
cause to be removed from a plan any proposed action affecting the unit
of government represented by the respective member. Written notice of
such removal shall be provided to the county CEO prior to a panel-wide
vote on a plan.
b. Plans approved by a panel shall be transmitted to the secretary of
state no later than thirty days from the date of approval by a panel
accompanied by a certification as to the accuracy of the savings accom-
panied therein, and shall be publicly disseminated to residents of the
county in a concise, clear, and coherent manner using words with common
and everyday meaning.
c. The county CEO shall conduct a public presentation of any approved
plan no later than thirty days from the date of approval by a panel.
Public notice of such presentation shall be provided at least one week
prior in the manner prescribed in subdivision one of section one hundred
four of the public officers law.
d. Beginning in two thousand twenty, by January fifteenth following
any calendar year during which a panel did not approve a plan and trans-
mit such plan to the secretary of state pursuant to paragraph b of this
subdivision, the county CEO of such panel shall release to the public
and transmit to the secretary of state a statement explaining why the
panel did not approve a plan that year, including, for each vote on a
plan, the vote taken by each panel member and an explanation by each
panel member of their vote.
8. For each county, new shared services actions in an approved and
submitted plan pursuant to this section or part BBB of chapter fifty-
nine of the laws of two thousand seventeen, may be eligible for funding
to match savings from such action, subject to available appropriation.
Savings that are actually and demonstrably realized by the participating
local governments are eligible for matching funding. For actions that
are part of an approved plan transmitted to the secretary of state in
accordance with paragraph b of subdivision seven of this section,
savings achieved during either: (i) January first through December thir-
ty-first from new actions implemented on or after January first through
December thirty-first of the year immediately following an approved and
transmitted plan, or (ii) July first of the year immediately following
an approved and transmitted plan through June thirtieth of the subse-
quent year from new actions implemented July first of the year imme-
diately following an approved plan through June thirtieth of the subse-
quent year may be eligible for matching funding. Only net savings
between local governments for each action would be eligible for matching
funding. Savings from internal efficiencies or any other action taken by
a local government without the participation of another local government
are not eligible for matching funding. Each county and all of the local
governments within the county that are part of any action to be imple-
mented as part of an approved plan must collectively apply for the
matching funding and agree on the distribution and use of any matching
funding in order to qualify for matching funding.
9.] 4. The department of state shall prepare a report to the governor,
the temporary president of the senate and the speaker of the assembly on
the county-wide shared services plans approved by the county-wide shared
services panels created pursuant to part BBB of chapter fifty-nine of
S. 8305--B 50
the laws of two thousand seventeen and this article and shall post the
report on the department's website. Such report shall be provided on or
before June thirtieth, two thousand twenty-five and shall include, but
not be limited to, the following:
a. a detailed summary of projects included in county-wide shared
services plans by category, such as:
(1) public health and insurance;
(2) emergency services;
(3) sewer, water, and waste management systems;
(4) energy procurement and efficiency;
(5) parks and recreation;
(6) education and workforce training;
(7) law and courts;
(8) shared equipment, personnel, and services;
(9) joint purchasing;
(10) governmental reorganization;
(11) transportation and highway departments; and
(12) records management and administrative functions.
b. for each of the counties the following information:
(1) a detailed summary of each of the savings plans, including
revisions and updates submitted each year or the statement explaining
why the county did not approve a plan in any year;
(2) the anticipated savings for each plan;
(3) the number of cities, towns and villages in the county;
(4) the number of cities, towns and villages that participated in a
panel, as reported in a plan;
(5) the number of school districts, boards of cooperative educational
services, fire districts, fire protection districts, or other special
districts in the county; and
(6) the number of school districts, boards of cooperative educational
services, fire districts, fire protection districts, or other special
districts that participated in a panel, as reported in a plan.
[10. The secretary of state may solicit, and the panels may provide at
her or his request, advice and recommendations concerning matters
related to the operations of local governments and shared services
initiatives, including, but not limited to, making recommendations
regarding grant proposals incorporating elements of shared services,
government dissolutions, government and service consolidations, or prop-
erty taxes and such other grants where the secretary deems the input of
the panels to be in the best interest of the public. The panel shall
advance such advice or recommendations by a vote of the majority of the
members present at such meeting.
11. The authority granted by this article to a county CEO to convene a
panel for the purpose of revising or updating a previously approved
plan, or developing a new plan, or to provide the secretary of state
information pursuant to subdivision ten of this section, shall cease on
December thirty-first, two thousand twenty-four.
12.] 5. Notwithstanding any other provision of law to the contrary,
monies constituting the funds of the village incorporation commission
established pursuant to section [2-259] 2-260 of the village law shall
be deposited with the state comptroller and held for the purposes of the
village incorporation commission established in article two of the
village law; provided, however, that such monies shall be derived from
the appropriation dedicated to the matching funds program pursuant to
subdivision eight of this section and provided further, that such fund-
S. 8305--B 51
ing for such entity shall not be subject to the requirements of subdivi-
sion eight of this section related to savings.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024; provided
however, that payment to local governments for the state's match of net
savings actually and demonstrably realized from new actions that were
included in an approved county-wide shared services property tax savings
plan finalized and submitted to the director of budget pursuant to part
BBB of chapter 59 of the laws of 2017, or transmitted to the secretary
of state pursuant to article 12-I of the general municipal law on or
before December 31, 2024, which may include projects implemented before
March 31, 2025 shall remain eligible for funding, subject to appropri-
ations.
PART V
Section 1. Subdivision 1 of section 2799-gg of the public authorities
law, as amended by chapter 182 of the laws of 2009, is amended to read
as follows:
1. The authority shall have the power and is hereby authorized from
time to time to issue bonds, in conformity with applicable provisions of
the uniform commercial code, in such principal amounts as it may deter-
mine to be necessary pursuant to section twenty-seven hundred ninety-
nine-ff of this title to pay the cost of any project and to fund
reserves to secure such bonds, including incidental expenses in
connection therewith.
The aggregate principal amount of such bonds, notes or other obli-
gations outstanding shall not exceed [thirteen billion, five hundred
million dollars ($13,500,000,000)], BEGINNING JULY FIRST, TWO THOUSAND
TWENTY-FOUR, NINETEEN BILLION FIVE HUNDRED MILLION DOLLARS
($19,500,000,000), PROVIDED HOWEVER, THAT TWO HUNDRED EIGHTY-EIGHT
MILLION DOLLARS ($288,000,000) SHALL BE DEDICATED TO THE CITY UNIVERSITY
OF NEW YORK, AND BEGINNING JULY FIRST, TWO THOUSAND TWENTY-FIVE, TWEN-
TY-FIVE BILLION FIVE HUNDRED MILLION DOLLARS ($25,500,000,000), PROVIDED
HOWEVER, THAT TWO HUNDRED EIGHTY-ONE MILLION DOLLARS ($281,000,000)
SHALL BE DEDICATED TO THE CITY UNIVERSITY OF NEW YORK, excluding bonds,
notes or other obligations issued pursuant to sections twenty-seven
hundred ninety-nine-ss and twenty-seven hundred ninety-nine-tt of this
title; provided, however, that upon any refunding or repayment of bonds
(which term shall not, for this purpose, include bond anticipation
notes), the total aggregate principal amount of outstanding bonds, notes
or other obligations may be greater than [thirteen billion, five hundred
million dollars ($13,500,000,000)], BEGINNING JULY FIRST, TWO THOUSAND
TWENTY-FOUR, NINETEEN BILLION FIVE HUNDRED MILLION DOLLARS
($19,500,000,000), AND BEGINNING JULY FIRST, TWO THOUSAND TWENTY-FIVE,
TWENTY-FIVE BILLION FIVE HUNDRED MILLION DOLLARS ($25,500,000,000), only
if the refunding or repayment bonds, notes or other obligations were
issued in accordance with the provisions of subparagraph (a) of subdivi-
sion two of paragraph b of section 90.10 of the local finance law, as
amended from time to time. Notwithstanding the foregoing, bonds, notes
or other obligations issued by the authority may be outstanding in an
amount greater than the amount permitted by the preceding sentence,
provided that such additional amount at issuance, together with the
amount of indebtedness contracted by the city of New York, shall not
exceed the limit prescribed by section 104.00 of the local finance law.
The authority shall have the power from time to time to refund any bonds
S. 8305--B 52
of the authority by the issuance of new bonds whether the bonds to be
refunded have or have not matured, and may issue bonds partly to refund
bonds of the authority then outstanding and partly to pay the cost of
any project pursuant to section twenty-seven hundred ninety-nine-ff of
this title. Bonds issued by the authority shall be payable solely out of
particular revenues or other moneys of the authority as may be desig-
nated in the proceedings of the authority under which the bonds shall be
authorized to be issued, subject to any agreements entered into between
the authority and the city, and subject to any agreements with the hold-
ers of outstanding bonds pledging any particular revenues or moneys.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART W
Section 1. Paragraphs t, u and v of subdivision 10 of section 54 of
the state finance law, paragraph v as relettered by section 3 of part K
of chapter 55 of the laws of 2013, are relettered paragraphs u, v and w
and a new paragraph t is added to read as follows:
T. LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM BEGINNING IN THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND TWENTY-FOUR. (I) (1)
FOR THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN A COUNTY,
CITY, TOWN, VILLAGE, SPECIAL IMPROVEMENT DISTRICT, FIRE DISTRICT, PUBLIC
LIBRARY, ASSOCIATION LIBRARY, OR PUBLIC LIBRARY SYSTEM AS DEFINED BY
SECTION TWO HUNDRED SEVENTY-TWO OF THE EDUCATION LAW; PROVIDED, HOWEVER,
THAT FOR THE PURPOSES OF THIS DEFINITION, A PUBLIC LIBRARY SYSTEM SHALL
BE CONSIDERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH PUBLIC LIBRARY
SYSTEM ADVANCES A JOINT APPLICATION ON BEHALF OF ITS MEMBER LIBRARIES,
WATER AUTHORITY, SEWER AUTHORITY, REGIONAL PLANNING AND DEVELOPMENT
BOARD, SCHOOL DISTRICT, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS DEFINITION, A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSIDERED A MUNICIPALITY ONLY
IN INSTANCES WHERE SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES
ADVANCES A JOINT APPLICATION ON BEHALF OF SCHOOL DISTRICTS AND OTHER
MUNICIPALITIES WITHIN THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
REGION; PROVIDED, HOWEVER, THAT ANY AGREEMENTS WITH A BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES: SHALL NOT GENERATE ADDITIONAL STATE AID;
SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPITAL AND ADMINISTRA-
TIVE BUDGETS OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE
PURPOSES OF COMPUTING CHARGES UPON COMPONENT SCHOOL DISTRICTS PURSUANT
TO SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARAGRAPH B OF SUBDIVISION
FOUR OF SECTION NINETEEN HUNDRED FIFTY, AND SUBDIVISION ONE OF SECTION
NINETEEN HUNDRED FIFTY-ONE OF THE EDUCATION LAW; AND SHALL BE DEEMED TO
BE A COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES OF SUBPARAGRAPH TWO OF
PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THE
EDUCATION LAW.
(2) FOR THE PURPOSES OF THIS PARAGRAPH, "FUNCTIONAL CONSOLIDATION"
SHALL MEAN ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE OR FUNCTION
FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
TION.
(II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE MAY AWARD COMPETITIVE GRANTS TO MUNICIPALITIES TO COVER COSTS
ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
LIMITED TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION
OR DISSOLUTION, A FUNCTIONAL CONSOLIDATION, A CITY OR COUNTY CHARTER
REVISION THAT INCLUDES FUNCTIONAL CONSOLIDATION, SHARED OR COOPERATIVE
S. 8305--B 53
SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
SUCH LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW OPPORTU-
NITIES FOR FINANCIAL SAVINGS AND OPERATIONAL EFFICIENCIES; PROVIDED,
FURTHER, THAT ELIGIBLE LOCAL GOVERNMENT EFFICIENCY PROJECTS SHALL NOT
INCLUDE STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION ELIGI-
BLE TO RECEIVE A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
GRANT PURSUANT TO PARAGRAPH Q OF THIS SUBDIVISION. THE SECRETARY OF
STATE MAY FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL AREAS, WITHIN
DISTRESSED COMMUNITIES AND AREAS OF HISTORICALLY HIGH LOCAL GOVERNMENT
COSTS AND PROPERTY TAXES, OR IN AREAS OF UNIQUE OPPORTUNITY, IN WHICH
CASE SUCH AREAS OF FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICA-
TIONS.
(III) ANY APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL
SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
ING FROM PROJECT IMPLEMENTATION.
(IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE USED TO COVER COSTS
INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL
IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY EXPENSES
RELATED TO IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT
WORK PLAN. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSITIONAL
PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES
ARE INTEGRAL TO IMPLEMENTATION OF THE LOCAL GOVERNMENT EFFICIENCY
PROJECT. NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR-
RING EXPENSES SUCH AS SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN
TRANSITIONAL PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE APPROVED
LOCAL GOVERNMENT EFFICIENCY GRANT WORK PLAN SHALL BE ELIGIBLE FOR A
PERIOD NOT TO EXCEED THREE YEARS. THE AMOUNTS AWARDED TO A SCHOOL
DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE INCLUDED IN THE
APPROVED OPERATING EXPENSE OF THE SCHOOL DISTRICT AS DEFINED IN PARA-
GRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION LAW.
(V) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT EFFI-
CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS PER
MUNICIPALITY; PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT
RECEIVE A CUMULATIVE GRANT AWARD IN EXCESS OF ONE MILLION TWO HUNDRED
FIFTY THOUSAND DOLLARS. THE MAXIMUM GRANT AWARD FOR A LOCAL GOVERNMENT
EFFICIENCY PLANNING PROJECT, OR THE PLANNING COMPONENT OF A PROJECT THAT
INCLUDES BOTH PLANNING AND IMPLEMENTATION OF A LOCAL GOVERNMENT EFFI-
CIENCY PROJECT, SHALL NOT EXCEED TWENTY THOUSAND DOLLARS PER MUNICI-
PALITY; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH A PLANNING
PROJECT RECEIVE A GRANT AWARD IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
(VI) LOCAL MATCHING FUNDS EQUAL TO AT LEAST FIFTY PERCENT OF THE TOTAL
COST OF ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT
OF STATE SHALL BE REQUIRED FOR PLANNING GRANTS, AND LOCAL MATCHING FUNDS
EQUAL TO AT LEAST TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE
GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE SHALL BE REQUIRED
FOR IMPLEMENTATION GRANTS. IN THE EVENT AN APPLICANT IS IMPLEMENTING A
PROJECT THAT THE APPLICANT DEVELOPED THROUGH A SUCCESSFULLY COMPLETED
PLANNING GRANT FUNDED UNDER THE LOCAL GOVERNMENT EFFICIENCY GRANT
PROGRAM OR THE SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM, THE
LOCAL MATCHING FUNDS REQUIRED SHALL BE REDUCED BY THE LOCAL MATCHING
FUNDS REQUIRED BY SUCH SUCCESSFULLY COMPLETED PLANNING GRANT UP TO THE
AMOUNT OF LOCAL MATCHING FUNDS REQUIRED FOR THE IMPLEMENTATION GRANT.
(VII) IN THE SELECTION OF GRANT AWARDS, THE SECRETARY OF STATE SHALL
GIVE THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN THE
DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
S. 8305--B 54
THE COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3) BY
LOCAL GOVERNMENTS WITH HISTORICALLY HIGH COSTS OF LOCAL GOVERNMENT OR
SUSTAINED INCREASES IN PROPERTY TAXES. PRIORITY WILL ALSO BE GIVEN TO
MUNICIPALITIES THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT PURSUANT
TO THIS PROGRAM OR THE SHARED MUNICIPAL SERVICES INCENTIVE GRANT
PROGRAM, AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL DEVEL-
OPMENT PROJECTS THAT HAVE RECEIVED FUNDS THROUGH STATE COMMUNITY AND
INFRASTRUCTURE DEVELOPMENT PROGRAMS.
(VIII) WITHIN ONE WEEK OF THE RECEIPT OF AN APPLICATION, THE DEPART-
MENT OF STATE SHALL REVIEW THE APPLICATION TO ENSURE THE APPLICANT HAS
FILED THE CORRECT APPLICATION, AND TO DETERMINE IF ANY REQUIRED SECTIONS
OF THE APPLICATION CONTAIN NO INFORMATION. WITHIN ONE BUSINESS DAY OF
DETERMINING AN APPLICANT HAS FILED AN INCORRECT APPLICATION, OR DETER-
MINING AN APPLICATION CONTAINS NO INFORMATION IN A SECTION REQUIRED TO
CONTAIN INFORMATION, THE DEPARTMENT SHALL SO NOTIFY THE APPLICANT.
APPLICANTS SHALL BE PERMITTED TO AMEND AN APPLICATION FOUND TO BE MISS-
ING INFORMATION, AND SUCH APPLICATION SHALL BE RECONSIDERED FOR APPROVAL
IF IT IS AMENDED BY THE APPLICATION DEADLINE. IF AN APPLICANT HAS
SUBMITTED AN INCORRECT APPLICATION, THE APPLICANT MAY SUBMIT THE CORRECT
APPLICATION TO THE APPROPRIATE PROGRAM BY THE DEADLINE FOR SUCH PROGRAM
FOR CONSIDERATION. UNDER NO CIRCUMSTANCES SHALL THIS SUBPARAGRAPH BE
DEEMED TO REQUIRE THE EXTENSION OF ANY APPLICATION DEADLINE ESTABLISHED
BY THE DEPARTMENT, NOR SHALL IT OBLIGATE THE DEPARTMENT TO CONDUCT A
SUBSTANTIVE REVIEW OF THE CONTENTS OF ANY APPLICATION OUTSIDE OF THE
PROCEDURES ESTABLISHED BY THE DEPARTMENT FOR THE PURPOSES OF MAINTAINING
THE COMPETITIVE INTEGRITY OF THE GRANT PROGRAM.
(IX) WRITTEN NOTICE SHALL BE PROVIDED TO AN APPLICANT OF A DECISION
REGARDING THE GRANT OR DENIAL OF AN AWARD UNDER THIS PARAGRAPH, WITHIN
THIRTY DAYS AFTER SUCH DECISION.
(X) THE DEPARTMENT OF STATE SHALL PREPARE AN ANNUAL REPORT TO THE
GOVERNOR AND THE LEGISLATURE ON THE EFFECTIVENESS OF THE LOCAL GOVERN-
MENT EFFICIENCY GRANT PROGRAM AND THE LOCAL GOVERNMENT CITIZENS RE-OR-
GANIZATION EMPOWERMENT GRANT PROGRAM. SUCH REPORT SHALL BE PROVIDED ON
OR BEFORE OCTOBER FIRST OF EACH YEAR AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
GRANT CATEGORY, AN ASSESSMENT OF PROGRESS IN IMPLEMENTING INITIATIVES
THAT RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND SIGNIF-
ICANT IMPROVEMENTS IN SERVICE REALIZED BY MUNICIPALITIES THAT HAVE
RECEIVED GRANTS.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART X
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. DOL-Child performer protection account (20401).
2. Local government records management account (20501).
3. Child health plus program account (20810).
4. EPIC premium account (20818).
5. Education - New (20901).
6. VLT - Sound basic education fund (20904).
7. Sewage treatment program management and administration fund
(21000).
S. 8305--B 55
8. Hazardous bulk storage account (21061).
9. Utility environmental regulatory account (21064).
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
24. New York state thruway authority account (21905).
25. Financial control board account (21911).
26. Regulation of racing account (21912).
27. State university dormitory income reimbursable account (21937).
28. Criminal justice improvement account (21945).
29. Environmental laboratory reference fee account (21959).
30. Training, management and evaluation account (21961).
31. Clinical laboratory reference system assessment account (21962).
32. Indirect cost recovery account (21978).
33. Multi-agency training account (21989).
34. Bell jar collection account (22003).
35. Industry and utility service account (22004).
36. Real property disposition account (22006).
37. Parking account (22007).
38. Courts special grants (22008).
39. Asbestos safety training program account (22009).
40. Batavia school for the blind account (22032).
41. Investment services account (22034).
42. Surplus property account (22036).
43. Financial oversight account (22039).
44. Regulation of Indian gaming account (22046).
45. Rome school for the deaf account (22053).
46. Seized assets account (22054).
47. Administrative adjudication account (22055).
48. New York City assessment account (22062).
49. Cultural education account (22063).
50. Local services account (22078).
51. DHCR mortgage servicing account (22085).
52. Housing indirect cost recovery account (22090).
53. Voting Machine Examinations account (22099).
54. DHCR-HCA application fee account (22100).
55. Low income housing monitoring account (22130).
56. Restitution account (22134).
57. Corporation administration account (22135).
58. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
59. Deferred compensation administration account (22151).
60. Rent revenue other New York City account (22156).
61. Rent revenue account (22158).
S. 8305--B 56
62. Transportation aviation account (22165).
63. Tax revenue arrearage account (22168).
64. New York State Campaign Finance Fund account (22211).
65. New York state medical indemnity fund account (22240).
66. Behavioral health parity compliance fund (22246).
67. Pharmacy benefit manager regulatory fund (22255).
68. State university general income offset account (22654).
69. Lake George park trust fund account (22751).
70. Highway safety program account (23001).
71. DOH drinking water program account (23102).
72. NYCCC operating offset account (23151).
73. Commercial gaming revenue account (23701).
74. Commercial gaming regulation account (23702).
75. Highway use tax administration account (23801).
76. New York state secure choice administrative account (23806).
77. New York state cannabis revenue fund (24800).
78. Fantasy sports administration account (24951).
79. Mobile sports wagering fund (24955).
80. Highway and bridge capital account (30051).
81. State university residence hall rehabilitation fund (30100).
82. State parks infrastructure account (30351).
83. Clean water/clean air implementation fund (30500).
84. Hazardous waste remedial cleanup account (31506).
85. Youth facilities improvement account (31701).
86. Housing assistance fund (31800).
87. Housing program fund (31850).
88. Highway facility purpose account (31951).
89. New York racing account (32213).
90. Capital miscellaneous gifts account (32214).
91. Information technology capital financing account (32215).
92. New York environmental protection and spill remediation account
(32219).
93. Mental hygiene facilities capital improvement fund (32300).
94. Correctional facilities capital improvement fund (32350).
95. New York State Storm Recovery Capital Fund (33000).
96. OGS convention center account (50318).
97. Empire Plaza Gift Shop (50327).
98. Unemployment Insurance Benefit Fund, Interest Assessment Account
(50651).
99. Centralized services fund (55000).
100. Archives records management account (55052).
101. Federal single audit account (55053).
102. Civil service administration account (55055).
103. Civil service EHS occupational health program account (55056).
104. Banking services account (55057).
105. Cultural resources survey account (55058).
106. Neighborhood work project account (55059).
107. Automation & printing chargeback account (55060).
108. OFT NYT account (55061).
109. Data center account (55062).
110. Intrusion detection account (55066).
111. Domestic violence grant account (55067).
112. Centralized technology services account (55069).
113. Labor contact center account (55071).
114. Human services contact center account (55072).
115. Tax contact center account (55073).
S. 8305--B 57
116. Department of law civil recoveries account (55074).
117. Executive direction internal audit account (55251).
118. CIO Information technology centralized services account (55252).
119. Health insurance internal service account (55300).
120. Civil service employee benefits division administrative account
(55301).
121. Correctional industries revolving fund (55350).
122. Employees health insurance account (60201).
123. Medicaid management information system escrow fund (60900).
124. Virtual currency assessments account.
125. Animal shelter regulation account.
126. Department of financial services IT modernization capital
account.
§ 2. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food and nutrition services fund (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
5. Federal miscellaneous operating grants fund (25300).
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
9. Federal capital projects fund (31350).
§ 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2025, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $2,175,000 from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
3. $19,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
Education:
1. $2,792,000,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $1,096,000,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. $121,600,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
S. 8305--B 58
for disbursements made from such fund for supplemental aid to education
pursuant to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
4. $995,000,000 from the general fund to the mobile sports wagering
fund, education account (24955), as reimbursement for disbursements made
from such fund for supplemental aid to education pursuant to section
92-c of the state finance law that are in excess of the amounts deposit-
ed in such fund for such purposes pursuant to section 1367 of the
racing, pari-mutuel wagering and breeding law.
5. $25,000,000 from the interactive fantasy sports fund, fantasy
sports education account (24950), to the state lottery fund, education
account (20901), as reimbursement for disbursements made from such fund
for supplemental aid to education pursuant to section 92-c of the state
finance law.
6. An amount up to the unencumbered balance in the fund on March 31,
2025 from the charitable gifts trust fund, elementary and secondary
education account (24901), to the general fund, for payment of general
support for public schools pursuant to section 3609-a of the education
law.
7. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
8. $300,000 from the New York state local government records manage-
ment improvement fund, local government records management account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
9. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
10. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Rome school for the deaf account (22053).
11. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
12. $79,100,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service for the period April 1, 2024 through March 31,
2025.
13. $24,000,000 from any of the state education department's special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
14. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
15. $30,013,000 from the general fund to the miscellaneous special
revenue fund, HESC-insurance premium payments account (21960).
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the environmental conservation special revenue fund, federal indirect
recovery account (21065).
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the conservation fund (21150) or Marine Resources Account (21151) as
necessary to avoid diversion of conservation funds.
S. 8305--B 59
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the miscellaneous capital
projects fund, I love NY water account (32212).
5. $125,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
6. $6,000,000 from the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
7. An amount up to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related to the
management and cleanup program as put forth in section 27-1915 of the
environmental conservation law.
8. $1,800,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
9. $7,000,000 from the general fund to the enterprise fund, state fair
account (50051).
10. $10,000,000 from the waste management & cleanup account (21053) to
the general fund.
11. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
12. $10,000,000 from the general fund to the miscellaneous special
revenue fund, patron services account (22163).
13. $15,000,000 from the enterprise fund, golf account (50332) to the
state park infrastructure fund, state park infrastructure account
(30351).
Family Assistance:
1. $7,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match account
(21967).
2. $4,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
4. $205,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
5. $2,500,000 from any of the office of temporary and disability
assistance special revenue funds to the miscellaneous special revenue
fund, office of temporary and disability assistance program account
(21980).
6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
S. 8305--B 60
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $205,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
8. $621,850 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
9. $5,000,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
10. $900,000 from the general fund to the Veterans' Remembrance and
Cemetery Maintenance and Operation account (20201).
11. $5,000,000 from the general fund to the housing program fund
(31850).
12. $10,000,000 from any of the office of children and family services
special revenue federal funds to the office of the court administration
special revenue other federal iv-e funds account.
General Government:
1. $9,000,000 from the general fund to the health insurance revolving
fund (55300).
2. $292,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
3. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
4. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
5. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
6. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
7. $3,326,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
8. $1,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
9. $11,460,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
10. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
11. $12,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the centralized services, building support services
account (55018).
12. $33,000,000 from the general fund to the internal service fund,
business services center account (55022).
13. $8,000,000 from the general fund to the internal service fund,
building support services account (55018).
14. $1,500,000 from the combined expendable trust fund, plaza special
events account (20120), to the general fund.
15. $50,000,000 from the New York State cannabis revenue fund (24800)
to the general fund.
16. A transfer from the general fund to the miscellaneous special
revenue fund, New York State Campaign Finance Fund Account (22211), up
to an amount equal to total reimbursements due to qualified candidates.
17. $6,000,000 from the miscellaneous special revenue fund, standards
and purchasing account (22019), to the general fund.
S. 8305--B 61
18. $5,600,000 from the banking department special revenue fund
(21970) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law to the IT Modernization
Capital Fund.
19. $8,400,000 from the insurance department special revenue fund
(21994) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law to the IT Modernization
Capital Fund.
20. $500,000 from the pharmacy benefits bureau special revenue fund
(22255) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law, to the IT Modernization
Capital Fund.
21. $500,000 from the virtual currency special revenue fund (22262)
funded by the assessment to defray operating expenses authorized by
section 206 of the financial services law, to the IT Modernization Capi-
tal Fund.
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $3,600,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
5. $4,000,000 from the miscellaneous special revenue fund, vital
health records account (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
6. $6,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
7. $131,000,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
8. $6,550,000 from the general fund to the medical cannabis trust
fund, health operation and oversight account (23755).
9. An amount up to the unencumbered balance from the charitable gifts
trust fund, health charitable account (24900), to the general fund, for
payment of general support for primary, preventive, and inpatient health
care, dental and vision care, hunger prevention and nutritional assist-
ance, and other services for New York state residents with the overall
goal of ensuring that New York state residents have access to quality
health care and other related services.
10. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund (24800), to the miscellaneous special reven-
ue fund, environmental laboratory fee account (21959).
11. An amount up to the unencumbered balance from the public health
emergency charitable gifts trust fund (23816), to the general fund, for
payment of goods and services necessary to respond to a public health
disaster emergency or to assist or aid in responding to such a disaster.
S. 8305--B 62
12. $1,000,000,000 from the general fund to the health care transfor-
mation fund (24850).
13. $2,590,000 from the miscellaneous special revenue fund, patient
safety center account (22140), to the general fund.
14. $1,000,000 from the miscellaneous special revenue fund, nursing
home receivership account (21925), to the general fund.
15. Intentionally omitted.
16. $2,200,000 from the miscellaneous special revenue fund, adult home
quality enhancement account (22091), to the general fund.
17. $22,113,000 from the general fund, to the miscellaneous special
revenue fund, helen hayes hospital account (22140).
18. $4,850,000 from the general fund, to the miscellaneous special
revenue fund, New York city veterans' home account (22141).
19. $3,675,000 from the general fund, to the miscellaneous special
revenue fund, New York state home for veterans' and their dependents at
oxford account (22142).
20. $2,055,000 from the general fund, to the miscellaneous special
revenue fund, western New York veterans' home account (22143).
21. $6,451,000 from the general fund, to the miscellaneous special
revenue fund, New York state for veterans in the lower-hudson valley
account (22144).
22. $6,600,000 from the general fund, to the New York state medical
indemnity fund (22240).
23. $175,000,000 from the essential plan trust fund, to the general
fund.
Labor:
1. $600,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
2. $11,700,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
ment insurance special interest and penalty account (23601), and public
work enforcement account (21998), to the general fund.
4. $850,000 from the miscellaneous special revenue fund, DOL elevator
safety program fund (22252) to the miscellaneous special revenue fund,
DOL fee and penalty account (21923).
Mental Hygiene:
1. $3,800,000 from the general fund, to the agencies internal service
fund, civil service EHS occupational health program account (55056).
2. $2,000,000 from the general fund, to the mental hygiene facilities
capital improvement fund (32300).
3. $20,000,000 from the opioid settlement fund (23817) to the miscel-
laneous capital projects fund, opioid settlement capital account
(32200).
4. $20,000,000 from the miscellaneous capital projects fund, opioid
settlement capital account (32200) to the opioid settlement fund
(23817).
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $2,587,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
S. 8305--B 63
3. $23,773,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $2,000,000,000 from any of the division of homeland security and
emergency services special revenue federal funds to the general fund.
5. $115,420,000 from the state police motor vehicle law enforcement
and motor vehicle theft and insurance fraud prevention fund, state
police motor vehicle enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
6. $138,272,000 from the general fund to the correctional facilities
capital improvement fund (32350).
7. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
8. $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
9. Intentionally omitted.
10. $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
11. $7,980,000 from the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
12. $1,100,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
13. $38,938,000 from the general fund to the miscellaneous special
revenue fund, criminal justice improvement account (21945).
14. $6,000,000 from the general fund to the miscellaneous special
revenue fund, hazard mitigation revolving loan account.
15. Intentionally omitted.
Transportation:
1. $20,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
4. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the dedicated highway and bridge
trust fund (30050), for disbursements made from such fund for motor
carrier safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
5. $477,000 from the miscellaneous special revenue fund, traffic adju-
dication account (22055), to the general fund.
6. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess of the
amounts deposited in the general fund for such purpose pursuant to
section 94 of the transportation law.
Miscellaneous:
1. $500,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
S. 8305--B 64
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $450,000,000 from the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
4. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
5. $100,000,000 from any special revenue federal fund to the general
fund, state purposes account (10050).
6. $3,650,000,000 from the special revenue federal fund, ARPA-Fiscal
Recovery Fund (25546) to the general fund, state purposes account
(10050) to cover eligible costs incurred by the state.
7. $1,350,000,000 from the general fund to the hazardous waste over-
sight and assistance account (31505), State parks infrastructure account
(30351), environmental protection fund transfer account (30451), the
correctional facilities capital improvement fund (32350), housing
program fund (31850), or the Mental hygiene facilities capital improve-
ment fund (32300), up to an amount equal to certain outstanding accounts
receivable balances.
§ 4. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2025:
1. Upon request of the commissioner of environmental conservation, up
to $12,745,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000 from
the environmental protection and oil spill compensation fund (21200),
and $1,834,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account, to any miscellaneous special
revenue fund.
5. Upon request of the commissioner of health up to $13,694,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
6. Upon the request of the attorney general, up to $4,000,000 from
revenues credited to the federal health and human services fund, federal
health and human services account (25117) or the miscellaneous special
revenue fund, recoveries and revenue account (22041), to the miscella-
neous special revenue fund, litigation settlement and civil recovery
account (22117).
§ 5. On or before March 31, 2025, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
S. 8305--B 65
§ 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2025, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
§ 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2025, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
§ 8. Notwithstanding any law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2025.
§ 8-a. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, a
total of up to $100,000,000 from the general fund to the state universi-
ty income fund, state university general revenue offset account (22655)
and/or the state university income fund, state university hospitals
income reimbursable account (22656) during the period July 1, 2024
through June 30, 2025 to pay costs attributable to the state university
health science center at Brooklyn and/or the state university of New
York hospital at Brooklyn, respectively, pursuant to a transformation
plan approved by the director of the budget.
§ 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,318,326,500 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2024 through June 30, 2025 to support operations at
the state university.
§ 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $110,650,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of April 1, 2024 through June 30, 2024 to support operations at
the state university.
§ 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $49,600,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2024 to June 30, 2025 for general fund operating
support pursuant to subparagraph (4-b) of paragraph h of subdivision 2
of section three hundred fifty-five of the education law.
S. 8305--B 66
§ 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $20,000,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2024 to June 30, 2025 to fully fund the tuition credit
pursuant to subdivision two of section six hundred sixty-nine-h of the
education law.
§ 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $55,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2025.
§ 14. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or his or her designee, to transfer moneys from
the state university income fund to the state university income fund,
state university hospitals income reimbursable account (22656) in the
event insufficient funds are available in the state university income
fund, state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2025.
§ 15. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not to
exceed $100 million from each fund.
§ 16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $1 billion from the unencumbered balance of any special revenue
fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
S. 8305--B 67
authorized in the 2024-25 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207), the miscellaneous capital projects
fund, the federal capital projects account (31350), information technol-
ogy capital financing account (32215), or the centralized technology
services account (55069), for the purpose of consolidating technology
procurement and services. The amounts transferred to the miscellaneous
special revenue fund, technology financing account (22207) pursuant to
this authorization shall be equal to or less than the amount of such
monies intended to support information technology costs which are
attributable, according to a plan, to such account made in pursuance to
an appropriation by law. Transfers to the technology financing account
shall be completed from amounts collected by non-general funds or
accounts pursuant to a fund deposit schedule or permanent statute, and
shall be transferred to the technology financing account pursuant to a
schedule agreed upon by the affected agency commissioner. Transfers from
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 18. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the purpose of consol-
idating technology procurement and services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information technology costs which
are attributable, according to a plan, to such account made in pursuance
to an appropriation by law. Transfers to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
§ 19. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund up to $20,000,000 for the state fiscal
year commencing April 1, 2024, the proceeds of which will be utilized to
support energy-related state activities.
§ 20. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized to transfer to the state treasury to the cred-
it of the general fund up to $25,000,000 for the state fiscal year
commencing April 1, 2024, the proceeds of which will be utilized to
S. 8305--B 68
support programs established or implemented by or within the department
of labor, including but not limited to the office of just energy transi-
tion and programs for workforce training and retraining, to prepare
workers for employment for work in the renewable energy field.
§ 21. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to contribute $913,000 to the state treasury
to the credit of the general fund on or before March 31, 2025.
§ 22. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to transfer five million dollars to the cred-
it of the Environmental Protection Fund on or before March 31, 2025 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
§ 23. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 21 of part PP of chapter 56 of the laws of 2023, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[twenty-three] TWENTY-FOUR, the state comptroller is hereby authorized
and directed to deposit to the fund created pursuant to this section
from amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
[$1,716,913,000] $1,575,393,000 as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [twenty-three] TWENTY-FOUR.
§ 24. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2025, the following amounts from
the following special revenue accounts to the capital projects fund
(30000), for the purposes of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
2. $1,537,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $474,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $593,000 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $177,000 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $336,000 from the miscellaneous special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
7. $2,550,000 from the miscellaneous special revenue fund, patron
services account (22163).
8. $9,173,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $150,218,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
S. 8305--B 69
10. $50,197,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
§ 25. Subdivision 6 of section 4 of the state finance law, as amended
by section 24 of part FFF of chapter 56 of the laws of 2022, is amended
to read as follows:
6. Notwithstanding any law to the contrary, at the beginning of the
state fiscal year, the state comptroller is hereby authorized and
directed to receive for deposit to the credit of a fund and/or an
account such monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an appropriation by law. As
soon as practicable upon enactment of the budget, the director of the
budget shall, but not less than three days following preliminary
submission to the chairs of the senate finance committee and the assem-
bly ways and means committee, file with the state comptroller an iden-
tification of specific monies to be so deposited. Any subsequent change
regarding the monies to be so deposited shall be filed by the director
of the budget, as soon as practicable, but not less than three days
following preliminary submission to the chairs of the senate finance
committee and the assembly ways and means committee.
All monies identified by the director of the budget to be deposited to
the credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted by the
legislature.
The provisions of this subdivision shall expire on March thirty-first,
[two thousand twenty-four] TWO THOUSAND TWENTY-EIGHT.
§ 26. Subdivision 4 of section 40 of the state finance law, as amended
by section 25 of part FFF of chapter 56 of the laws of 2022, is amended
to read as follows:
4. Every appropriation made from a fund or account to a department or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications expenses and expenses for other centralized services fund
programs without limit. Every appropriation shall also be available for
the payment of prior years' liabilities other than those indicated
above, but only to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.
The provisions of this subdivision shall expire March thirty-first,
[two thousand twenty-four] TWO THOUSAND TWENTY-EIGHT.
§ 27. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
S. 8305--B 70
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination of the
amounts received in the mental health services fund as a result of the
investment of monies deposited therein that will or may have to be
rebated to the federal government pursuant to the provisions of the
internal revenue code of 1986, as amended.
§ 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 27 of part PP of chapter 56 of the laws of 2023, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [nine billion eight hundred
sixty-five million eight hundred fifty-nine thousand dollars
$9,865,859,000] TEN BILLION TWO HUNDRED NINETY-NINE MILLION THREE
HUNDRED FIFTY-NINE THOUSAND DOLLARS $10,299,359,000, and shall include
all bonds, notes and other obligations issued pursuant to chapter 56 of
the laws of 1983, as amended or supplemented. The proceeds of such
bonds, notes or other obligations shall be paid to the state, for depos-
it in the correctional facilities capital improvement fund to pay for
all or any portion of the amount or amounts paid by the state from
appropriations or reappropriations made to the department of corrections
and community supervision from the correctional facilities capital
improvement fund for capital projects. The aggregate amount of bonds,
notes or other obligations authorized to be issued pursuant to this
section shall exclude bonds, notes or other obligations issued to refund
or otherwise repay bonds, notes or other obligations theretofore issued,
the proceeds of which were paid to the state for all or a portion of the
amounts expended by the state from appropriations or reappropriations
made to the department of corrections and community supervision;
provided, however, that upon any such refunding or repayment the total
aggregate principal amount of outstanding bonds, notes or other obli-
gations may be greater than [nine billion eight hundred sixty-five
million eight hundred fifty-nine thousand dollars $9,865,859,000] TEN
BILLION TWO HUNDRED NINETY-NINE MILLION THREE HUNDRED FIFTY-NINE THOU-
SAND DOLLARS $10,299,359,000, only if the present value of the aggregate
debt service of the refunding or repayment bonds, notes or other obli-
gations to be issued shall not exceed the present value of the aggregate
debt service of the bonds, notes or other obligations so to be refunded
or repaid. For the purposes hereof, the present value of the aggregate
debt service of the refunding or repayment bonds, notes or other obli-
gations and of the aggregate debt service of the bonds, notes or other
obligations so refunded or repaid, shall be calculated by utilizing the
effective interest rate of the refunding or repayment bonds, notes or
other obligations, which shall be that rate arrived at by doubling the
semi-annual interest rate (compounded semi-annually) necessary to
discount the debt service payments on the refunding or repayment bonds,
notes or other obligations from the payment dates thereof to the date of
issue of the refunding or repayment bonds, notes or other obligations
and to the price bid including estimated accrued interest or proceeds
received by the corporation including estimated accrued interest from
the sale thereof.
S. 8305--B 71
§ 29. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 42 of part PP of chapter 56
of the laws of 2023, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [thirteen billion six hundred
thirty-five million four hundred twenty-five thousand dollars
$13,635,425,000] FOURTEEN BILLION NINE HUNDRED MILLION DOLLARS
$14,900,000,000, plus a principal amount of bonds issued to fund the
debt service reserve fund in accordance with the debt service reserve
fund requirement established by the agency and to fund any other
reserves that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of fees and
other charges and expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
§ 30. Paragraph (b) of subdivision 1 of section 385 of the public
authorities law, as amended by section 45 of part PP of chapter 56 of
the laws of 2023, is amended to read as follows:
(b) The authority is hereby authorized, as additional corporate
purposes thereof solely upon the request of the director of the budget:
(i) to issue special emergency highway and bridge trust fund bonds and
notes for a term not to exceed thirty years and to incur obligations
secured by the moneys appropriated from the dedicated highway and bridge
trust fund established in section eighty-nine-b of the state finance
law; (ii) to make available the proceeds in accordance with instructions
provided by the director of the budget from the sale of such special
emergency highway and bridge trust fund bonds, notes or other obli-
gations, net of all costs to the authority in connection therewith, for
the purposes of financing all or a portion of the costs of activities
for which moneys in the dedicated highway and bridge trust fund estab-
lished in section eighty-nine-b of the state finance law are authorized
to be utilized or for the financing of disbursements made by the state
for the activities authorized pursuant to section eighty-nine-b of the
state finance law; and (iii) to enter into agreements with the commis-
sioner of transportation pursuant to section ten-e of the highway law
with respect to financing for any activities authorized pursuant to
section eighty-nine-b of the state finance law, or agreements with the
commissioner of transportation pursuant to sections ten-f and ten-g of
the highway law in connection with activities on state highways pursuant
to these sections, and (iv) to enter into service contracts, contracts,
agreements, deeds and leases with the director of the budget or the
S. 8305--B 72
commissioner of transportation and project sponsors and others to
provide for the financing by the authority of activities authorized
pursuant to section eighty-nine-b of the state finance law, and each of
the director of the budget and the commissioner of transportation are
hereby authorized to enter into service contracts, contracts, agree-
ments, deeds and leases with the authority, project sponsors or others
to provide for such financing. The authority shall not issue any bonds
or notes in an amount in excess of [twenty billion six hundred forty-
eight million five hundred seven thousand dollars $20,648,507,000] TWEN-
TY-ONE BILLION FOUR HUNDRED FIFTY-EIGHT MILLION THREE HUNDRED NINE THOU-
SAND DOLLARS $21,458,309,000, plus a principal amount of bonds or notes:
(A) to fund capital reserve funds; (B) to provide capitalized interest;
and, (C) to fund other costs of issuance. In computing for the purposes
of this subdivision, the aggregate amount of indebtedness evidenced by
bonds and notes of the authority issued pursuant to this section, as
amended by a chapter of the laws of nineteen hundred ninety-six, there
shall be excluded the amount of bonds or notes issued that would consti-
tute interest under the United States Internal Revenue Code of 1986, as
amended, and the amount of indebtedness issued to refund or otherwise
repay bonds or notes.
§ 31. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 32 of part PP of chapter 56 of
the laws of 2023, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed [eleven billion three hundred four-
teen million three hundred fifty-two thousand dollars $11,314,352,000]
TWELVE BILLION FOUR HUNDRED EIGHT MILLION DOLLARS $12,408,000,000. The
legislature reserves the right to amend or repeal such limit, and the
state of New York, the dormitory authority, the city university, and the
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in any way affect such
right.
S. 8305--B 73
§ 32. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 39 of part PP of chapter 56 of the laws of 2023,
is amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of [three hundred sixty-seven million
dollars $367,000,000] FOUR HUNDRED TWENTY-ONE MILLION DOLLARS
$421,000,000.
§ 33. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 31 of part PP of chapter 56 of
the laws of 2023, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [eighteen billion one hundred ten million nine hundred sixty-four
thousand dollars $18,110,964,000] NINETEEN BILLION SIX HUNDRED MILLION
DOLLARS $19,600,000,000; provided, however, that bonds issued or to be
issued shall be excluded from such limitation if: (1) such bonds are
issued to refund state university construction bonds and state universi-
ty construction notes previously issued by the housing finance agency;
or (2) such bonds are issued to refund bonds of the authority or other
obligations issued for state university educational facilities purposes
and the present value of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
S. 8305--B 74
or for the benefit of bondholders which might in any way affect such
right.
§ 34. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 33 of part PP of chapter 56 of the laws of 2023,
is amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [one billion two
hundred twenty-seven million ninety-five thousand dollars
$1,227,095,000] ONE BILLION THREE HUNDRED SIXTY-FIVE MILLION THREE
HUNDRED EIGHT THOUSAND DOLLARS $1,365,308,000. Such amount shall be
exclusive of bonds and notes issued to fund any reserve fund or funds,
costs of issuance and to refund any outstanding bonds and notes, issued
on behalf of the state, relating to a locally sponsored community
college.
§ 35. Paragraph b of subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 35 of part PP
of chapter 56 of the laws of 2023, is amended to read as follows:
b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding [twelve billion four hundred eighteen million three hundred
thirty-seven thousand dollars $12,418,337,000] TWELVE BILLION NINE
HUNDRED TWENTY-ONE MILLION SEVEN HUNDRED FIFTY-SIX THOUSAND DOLLARS
$12,921,756,000, excluding mental health services facilities improvement
bonds and mental health services facilities improvement notes issued to
refund outstanding mental health services facilities improvement bonds
and mental health services facilities improvement notes; provided,
however, that upon any such refunding or repayment of mental health
services facilities improvement bonds and/or mental health services
facilities improvement notes the total aggregate principal amount of
outstanding mental health services facilities improvement bonds and
S. 8305--B 75
mental health facilities improvement notes may be greater than [twelve
billion four hundred eighteen million three hundred thirty-seven thou-
sand dollars $12,418,337,000] TWELVE BILLION NINE HUNDRED TWENTY-ONE
MILLION SEVEN HUNDRED FIFTY-SIX THOUSAND DOLLARS $12,921,756,000, only
if, except as hereinafter provided with respect to mental health
services facilities bonds and mental health services facilities notes
issued to refund mental hygiene improvement bonds authorized to be
issued pursuant to the provisions of section 47-b of the private housing
finance law, the present value of the aggregate debt service of the
refunding or repayment bonds to be issued shall not exceed the present
value of the aggregate debt service of the bonds to be refunded or
repaid. For purposes hereof, the present values of the aggregate debt
service of the refunding or repayment bonds, notes or other obligations
and of the aggregate debt service of the bonds, notes or other obli-
gations so refunded or repaid, shall be calculated by utilizing the
effective interest rate of the refunding or repayment bonds, notes or
other obligations, which shall be that rate arrived at by doubling the
semi-annual interest rate (compounded semi-annually) necessary to
discount the debt service payments on the refunding or repayment bonds,
notes or other obligations from the payment dates thereof to the date of
issue of the refunding or repayment bonds, notes or other obligations
and to the price bid including estimated accrued interest or proceeds
received by the authority including estimated accrued interest from the
sale thereof. Such bonds, other than bonds issued to refund outstanding
bonds, shall be scheduled to mature over a term not to exceed the aver-
age useful life, as certified by the facilities development corporation,
of the projects for which the bonds are issued, and in any case shall
not exceed thirty years and the maximum maturity of notes or any
renewals thereof shall not exceed five years from the date of the
original issue of such notes. Notwithstanding the provisions of this
section, the agency shall have the power and is hereby authorized to
issue mental health services facilities improvement bonds and/or mental
health services facilities improvement notes to refund outstanding
mental hygiene improvement bonds authorized to be issued pursuant to the
provisions of section 47-b of the private housing finance law and the
amount of bonds issued or outstanding for such purposes shall not be
included for purposes of determining the amount of bonds issued pursuant
to this section. The director of the budget shall allocate the aggregate
principal authorized to be issued by the agency among the office of
mental health, office for people with developmental disabilities, and
the office of addiction services and supports, in consultation with
their respective commissioners to finance bondable appropriations previ-
ously approved by the legislature.
§ 36. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the administration of certain
funds and accounts related to the 2002-2003 budget, as amended by
section 30 of part PP of chapter 56 of the laws of 2023, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [five hundred one million five hundred thousand dollars
$501,500,000] FIVE HUNDRED TWENTY-TWO MILLION FIVE HUNDRED THOUSAND
DOLLARS $522,500,000, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
S. 8305--B 76
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of financing capital costs related to
homeland security and training facilities for the division of state
police, the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made from the
state capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [one billion seven hundred thirteen million eighty-six thousand
dollars $1,713,086,000] ONE BILLION EIGHT HUNDRED FIFTY-FIVE MILLION TWO
HUNDRED EIGHTY-SIX THOUSAND DOLLARS $1,855,286,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued, for the purpose of financ-
ing improvements to State office buildings and other facilities located
statewide, including the reimbursement of any disbursements made from
the state capital projects fund. Such bonds and notes of the corporation
shall not be a debt of the state, and the state shall not be liable
thereon, nor shall they be payable out of any funds other than those
appropriated by the state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant to
subdivision (b) of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
§ 37. Subdivision 1 of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 44 of part PP of chapter 56 of the
laws of 2023, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the office of information technology services, depart-
ment of law, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [one billion three
hundred fifty-three million eight hundred fifty-two thousand dollars
$1,353,852,000] ONE BILLION SEVEN HUNDRED FORTY-TWO MILLION SEVEN
HUNDRED TWELVE THOUSAND DOLLARS $1,742,712,000, excluding bonds issued
to fund one or more debt service reserve funds, to pay costs of issuance
of such bonds, and bonds or notes issued to refund or otherwise repay
such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 38. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 38 of part PP of chapter 56 of the laws of 2023, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
S. 8305--B 77
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of [thirteen
billion nine hundred forty-nine million two hundred thirty-four thousand
dollars $13,949,234,000] FOURTEEN BILLION NINE HUNDRED TWO MILLION FIVE
HUNDRED EIGHTY-SEVEN THOUSAND DOLLARS $14,902,587,000 cumulatively by
the end of fiscal year [2023-24] 2024-25. For purposes of this subdivi-
sion, such projects shall be deemed to include capital grants to cities,
towns and villages for the reimbursement of eligible capital costs of
local highway and bridge projects within such municipality, where allo-
cations to cities, towns and villages are based on the total number of
New York or United States or interstate signed touring route miles for
which such municipality has capital maintenance responsibility, and
where such eligible capital costs include the costs of construction and
repair of highways, bridges, highway-railroad crossings, and other
transportation facilities for projects with a service life of ten years
or more.
§ 39. Section 53 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 37 of part PP of chapter 56 of the laws of 2023, is
amended to read as follows:
§ 53. 1. Notwithstanding the provisions of any other law to the
contrary, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of funding project costs for the acquisition of equipment,
including but not limited to the creation or modernization of informa-
tion technology systems and related research and development equipment,
health and safety equipment, heavy equipment and machinery, the creation
or improvement of security systems, and laboratory equipment and other
state costs associated with such capital projects. The aggregate prin-
cipal amount of bonds authorized to be issued pursuant to this section
shall not exceed [four hundred ninety-three million dollars
$493,000,000] FIVE HUNDRED NINETY-THREE MILLION DOLLARS $593,000,000,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the urban development
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the urban development corpo-
ration in undertaking the financing for project costs for the acquisi-
tion of equipment, including but not limited to the creation or modern-
ization of information technology systems and related research and
development equipment, health and safety equipment, heavy equipment and
machinery, the creation or improvement of security systems, and labora-
tory equipment and other state costs associated with such capital
S. 8305--B 78
projects, the director of the budget is hereby authorized to enter into
one or more service contracts with the dormitory authority and the urban
development corporation, none of which shall exceed thirty years in
duration, upon such terms and conditions as the director of the budget
and the dormitory authority and the urban development corporation agree,
so as to annually provide to the dormitory authority and the urban
development corporation, in the aggregate, a sum not to exceed the prin-
cipal, interest, and related expenses required for such bonds and notes.
Any service contract entered into pursuant to this section shall provide
that the obligation of the state to pay the amount therein provided
shall not constitute a debt of the state within the meaning of any
constitutional or statutory provision and shall be deemed executory only
to the extent of monies available and that no liability shall be
incurred by the state beyond the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
any payments made or to be made thereunder may be assigned and pledged
by the dormitory authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
§ 40. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 29 of part PP of chapter 56 of the laws of 2023,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [nine billion three hundred thirty-five million seven
hundred ten thousand dollars $9,335,710,000] TEN BILLION EIGHT HUNDRED
NINETY-SIX MILLION SEVEN HUNDRED TEN THOUSAND DOLLARS $10,896,710,000,
exclusive of bonds issued to fund any debt service reserve funds, pay
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay bonds or notes previously issued. Such bonds and notes
of the corporation shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to the corporation for debt service
and related expenses pursuant to any service contracts executed pursuant
to subdivision one of this section, and such bonds and notes shall
contain on the face thereof a statement to such effect.
§ 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 34 of part PP of chapter 56 of the laws of 2023, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [one billion fourteen million
seven hundred thirty-five thousand dollars $1,014,735,000] ONE BILLION
SIXTY-SIX MILLION SEVEN HUNDRED FIFTY-FIVE THOUSAND DOLLARS
$1,066,755,000, which authorization increases the aggregate principal
amount of bonds, notes and other obligations authorized by section 40 of
chapter 309 of the laws of 1996, and shall include all bonds, notes and
other obligations issued pursuant to chapter 211 of the laws of 1990, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the youth facili-
ties improvement fund or the capital projects fund, to pay for all or
any portion of the amount or amounts paid by the state from appropri-
ations or reappropriations made to the office of children and family
S. 8305--B 79
services from the youth facilities improvement fund for capital
projects. The aggregate amount of bonds, notes and other obligations
authorized to be issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts expended by
the state from appropriations or reappropriations made to the office of
children and family services; provided, however, that upon any such
refunding or repayment the total aggregate principal amount of outstand-
ing bonds, notes or other obligations may be greater than [one billion
fourteen million seven hundred thirty-five thousand dollars
$1,014,735,000] ONE BILLION SIXTY-SIX MILLION SEVEN HUNDRED FIFTY-FIVE
THOUSAND DOLLARS $1,066,755,000, only if the present value of the aggre-
gate debt service of the refunding or repayment bonds, notes or other
obligations to be issued shall not exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present value of the
aggregate debt service of the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded or repaid, shall be calculated by
utilizing the effective interest rate of the refunding or repayment
bonds, notes or other obligations, which shall be that rate arrived at
by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds, notes or
other obligations and to the price bid including estimated accrued
interest or proceeds received by the corporation including estimated
accrued interest from the sale thereof.
§ 42. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 41 of part PP of chapter 56 of the laws of 2023, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed
[twelve billion three hundred eight million three hundred eleven thou-
sand dollars $12,308,311,000] SIXTEEN BILLION TWO HUNDRED FORTY-THREE
MILLION THREE HUNDRED SIXTY-NINE THOUSAND DOLLARS $16,243,369,000,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and to refund or otherwise repay
such bonds or notes previously issued. Such bonds and notes of the
authority, the dormitory authority and the urban development corporation
shall not be a debt of the state, and the state shall not be liable
thereon, nor shall they be payable out of any funds other than those
appropriated by the state to the authority, the dormitory authority and
the urban development corporation for principal, interest, and related
expenses pursuant to a service contract and such bonds and notes shall
contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
S. 8305--B 80
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 43. Section 44 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 40 of part PP of chapter 56 of the laws of 2023, is
amended to read as follows:
§ 44. Issuance of certain bonds or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, the New York works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the clarkson-trudeau partnership, the New
York genome center, the cornell university college of veterinary medi-
cine, the olympic regional development authority, projects at nano
Utica, onondaga county revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects, high tech innovation and economic
development infrastructure program, high technology manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development facility in Clinton county, upstate revitalization initi-
ative projects, downstate revitalization initiative, market New York
projects, fairground buildings, equipment or facilities used to house
and promote agriculture, the state fair, the empire state trail, the
moynihan station development project, the Kingsbridge armory project,
strategic economic development projects, the cultural, arts and public
spaces fund, water infrastructure in the city of Auburn and town of
Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York,
RUSH - NY, NEW YORK AI CONSORTIUM, NEW YORK CREATES UEV TOOL, and other
state costs associated with such projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [seventeen billion six hundred fifty-five million six hundred
two thousand dollars $17,655,602,000] NINETEEN BILLION NINE HUNDRED
EIGHTY-SIX MILLION ONE HUNDRED NINETY-FOUR THOUSAND DOLLARS
$19,986,194,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued. Such bonds and notes of the dormitory authority and the corpo-
ration shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
S. 8305--B 81
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs, the New
York works economic development fund, projects for the retention of
professional football in western New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York genome
center, the cornell university college of veterinary medicine, the olym-
pic regional development authority, projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of pharma-
cy, New York power electronics manufacturing consortium, regional
infrastructure projects, New York State Capital Assistance Program for
Transportation, infrastructure, and economic development, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or facilities
used to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York,
RUSH - NY, NEW YORK AI CONSORTIUM, NEW YORK CREATES UEV TOOL, and other
state costs associated with such projects the director of the budget is
hereby authorized to enter into one or more service contracts with the
dormitory authority and the corporation, none of which shall exceed
thirty years in duration, upon such terms and conditions as the director
of the budget and the dormitory authority and the corporation agree, so
as to annually provide to the dormitory authority and the corporation,
in the aggregate, a sum not to exceed the principal, interest, and
related expenses required for such bonds and notes. Any service contract
entered into pursuant to this section shall provide that the obligation
of the state to pay the amount therein provided shall not constitute a
debt of the state within the meaning of any constitutional or statutory
provision and shall be deemed executory only to the extent of monies
available and that no liability shall be incurred by the state beyond
the monies available for such purpose, subject to annual appropriation
by the legislature. Any such contract or any payments made or to be made
thereunder may be assigned and pledged by the dormitory authority and
the corporation as security for its bonds and notes, as authorized by
this section.
§ 44. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 36 of part PP of chapter 56 of the laws of 2023, is amended to
read as follows:
S. 8305--B 82
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, one or more
authorized issuers as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [two hundred forty-seven
million dollars $247,000,000] TWO HUNDRED NINETY-SEVEN MILLION DOLLARS
$297,000,000, excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital projects for public
protection facilities in the Division of Military and Naval Affairs,
debt service and leases; and to reimburse the state general fund for
disbursements made therefor. Such bonds and notes of such authorized
issuer shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to such authorized issuer for debt
service and related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 45. Subdivision 1 of section 50 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 43 of part PP of chapter 56 of the
laws of 2023, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs undertaken by or on behalf of the state educa-
tion department, special act school districts, state-supported schools
for the blind and deaf, approved private special education schools,
non-public schools, community centers, day care facilities, residential
camps, day camps, Native American Indian Nation schools, and other state
costs associated with such capital projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [three hundred twenty-one million seven hundred ninety-nine
thousand dollars $321,799,000] FOUR HUNDRED MILLION DOLLARS
$400,000,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued. Such bonds and notes of the dormitory authority and the urban
development corporation shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state to the dormitory authority
and the urban development corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 45-a. Paragraph (b) of subdivision 3 and clause (B) of subparagraph
(iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap-
ter 63 of the laws of 2005, relating to the composition and responsibil-
ities of the New York state higher education capital matching grant
S. 8305--B 83
board, as amended by section 48 of part PP of chapter 56 of the laws of
2023, are amended to read as follows:
(b) Within amounts appropriated therefor, the board is hereby author-
ized and directed to award matching capital grants totaling [three
hundred eighty-five million dollars, $385,000,000] FOUR HUNDRED TWENTY-
FIVE MILLION DOLLARS $425,000,000. Each college shall be eligible for a
grant award amount as determined by the calculations pursuant to subdi-
vision five of this section. In addition, such colleges shall be eligi-
ble to compete for additional funds pursuant to paragraph (h) of subdi-
vision four of this section.
(B) The dormitory authority shall not issue any bonds or notes in an
amount in excess of [three hundred eighty-five million dollars,
$385,000,000] FOUR HUNDRED TWENTY-FIVE MILLION DOLLARS $425,000,000 for
the purposes of this section; excluding bonds or notes issued to fund
one or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued. Except for purposes of complying with the
internal revenue code, any interest on bond proceeds shall only be used
to pay debt service on such bonds.
§ 46. Subdivision 1 of section 1680-k of the public authorities law,
as amended by section 47 of part PP of chapter 56 of the laws of 2023,
is amended to read as follows:
1. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, the
dormitory authority is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [forty
million nine hundred forty-five thousand dollars $40,945,000] FORTY-ONE
MILLION SIXTY THOUSAND DOLLARS $41,060,000, excluding bonds issued to
finance one or more debt service reserve funds, to pay costs of issuance
of such bonds, and bonds or notes issued to refund or otherwise repay
such bonds or notes previously issued, for the purpose of financing the
construction of the New York state agriculture and markets food labora-
tory. Eligible project costs may include, but not be limited to the cost
of design, financing, site investigations, site acquisition and prepara-
tion, demolition, construction, rehabilitation, acquisition of machinery
and equipment, and infrastructure improvements. Such bonds and notes of
such authorized issuers shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state to such authorized issuers
for debt service and related expenses pursuant to any service contract
executed pursuant to subdivision two of this section and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds.
§ 47. Paragraph a of subdivision 1 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by chapter 479 of the
laws of 2022, is amended to read as follows:
a. "Mental health services facility" shall mean a building, a unit
within a building, a laboratory, a classroom, a housing unit, a dining
hall, an activities center, a library, real property of any kind or
description, or any structure on or improvement to real property of any
kind or description, including fixtures and equipment which may or may
not be an integral part of any such building, unit, structure or
improvement, a walkway, a roadway or a parking lot, and improvements and
S. 8305--B 84
connections for water, sewer, gas, electrical, telephone, heating, air
conditioning and other utility services, or a combination of any of the
foregoing, whether for patient care and treatment or staff, staff family
or service use, located at or related to any psychiatric center, any
developmental center, or any state psychiatric or research institute or
other facility now or hereafter established under the state department
of mental hygiene. A mental health services facility shall also mean and
include a residential care center for adults, a "community mental health
and developmental disabilities facility", and a state or voluntary oper-
ated treatment facility for use in the conduct of an alcoholism or
substance abuse treatment program as defined in the mental hygiene law,
unless such residential care center for adults, community mental health
and developmental disabilities facility or alcoholism or substance abuse
facility is expressly excepted or the context clearly requires other-
wise. The definition contained in this subdivision shall not be
construed to exclude therefrom a facility, whether or not owned or
leased by a voluntary agency, to be made available under lease, or
sublease, from the facilities development corporation to a voluntary
agency at the request of the commissioners of the offices and directors
of the divisions of the department of mental hygiene having jurisdiction
thereof for use in providing services in a residential care center for
adults, community mental health and developmental disabilities services,
or for use in the conduct of an alcoholism or substance abuse treatment
program. For purposes of this section mental health services facility
shall also mean mental hygiene facility as defined in subdivision ten of
section three of the facilities development corporation act AND SHALL
ALSO INCLUDE FACILITIES FOR: (I) COMPREHENSIVE PSYCHIATRIC EMERGENCY
PROGRAMS AND/OR PSYCHIATRIC INPATIENT PROGRAMS OR OTHER SIMILAR PROGRAMS
UNDER THE AUSPICE OF MUNICIPALITIES AND OTHER PUBLIC AND NOT-FOR-PROFIT
AGENCIES, DUALLY LICENSED PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL
HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; AND (II)
HOUSING FOR MENTALLY ILL PERSONS UNDER THE AUSPICE OF MUNICIPALITIES AND
OTHER PUBLIC AND NOT-FOR-PROFIT AGENCIES, APPROVED BY THE COMMISSIONER
OF THE OFFICE OF MENTAL HEALTH, PURSUANT TO ARTICLE FORTY-ONE OF THE
MENTAL HYGIENE LAW.
§ 48. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2025 the following amounts from
the following special revenue accounts or enterprise funds to the gener-
al fund, for the purposes of offsetting principal and interest costs,
incurred by the state pursuant to section 386-a of the public authori-
ties law, provided that the annual amount of the transfer shall be no
more than the principal and interest that would have otherwise been due
to the power authority of the state of New York, from any state agency,
in a given state fiscal year. Amounts pertaining to special revenue
accounts assigned to the state university of New York shall be consid-
ered interchangeable between the designated special revenue accounts as
to meet the requirements of this section and section 386-a of the public
authorities law:
1. $15,000,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
2. $5,000,000 from state university dormitory income fund, state
university dormitory income fund (40350).
3. $5,000,000 from the enterprise fund, city university senior college
operating fund (60851).
§ 49. Intentionally omitted.
S. 8305--B 85
§ 50. Intentionally omitted.
§ 51. Subdivision 6-a of section 2 of the state finance law, as added
by chapter 837 of the laws of 1983, is amended to read as follows:
6-a. "Fixed assets". (I) Assets of a long-term, tangible character
which are intended to continue to be held or used, such as land, build-
ings, improvements, machinery, and equipment, AND (II) ASSETS THAT
PROVIDE A LONG-TERM INTEREST IN LAND, INCLUDING CONSERVATION EASEMENTS.
§ 52. Subdivision 2 of section 2976 of the public authorities law, as
amended by section 1 of part FF of chapter 59 of the laws of 2009, is
amended to read as follows:
2. The bond issuance charge shall be computed by multiplying the prin-
cipal amount of bonds issued by the percentage set forth in the schedule
below, provided that: (a) the charge applicable to the principal amount
of single family mortgage revenue bonds shall be seven one-hundredths of
one percent; (b) the issuance of bonds shall not include the remarketing
of bonds; and (c) the issuance of bonds shall not include the [current]
refunding of [short term] bonds, notes or other obligations [for which
the bond issuance charge provided by this section has been paid,
provided that such current refunding (i) occurs within one year from the
issuance of the refunded obligations, or (ii) is part of a program
created by a single indenture or bond resolution that provides for the
periodic issuance and refunding of short term obligations].
SCHEDULE
Principal Amount of Bonds Issued Percentage Charge
a. [$1,000,000] $20,000,000 or less [.168%] 0%
b. [$1,000,001 to $5,000,000 .336%
c. $5,000,001 to $10,000,000 .504%
d. $10,000,001 to $20,000,000 .672%
e.] More than $20,000,000 [.84%] .35%
§ 53. Intentionally omitted.
§ 54. Intentionally omitted.
§ 55. Intentionally omitted.
§ 56. Subdivision 1 of section 386-a of the public authorities law, as
amended by section 54 of part PP of chapter 56 of the laws of 2023, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter or other
capital projects. The aggregate principal amount of bonds authorized to
be issued pursuant to this section shall not exceed twelve billion five
hundred fifteen million eight hundred fifty-six thousand dollars
$12,515,856,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the authority, the dormitory authority and the urban develop-
ment corporation shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to the authority, the dormitory
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
S. 8305--B 86
service on such bonds. Notwithstanding any other provision of law to the
contrary, including the limitations contained in subdivision four of
section sixty-seven-b of the state finance law, (A) any bonds and notes
issued prior to April first, two thousand [twenty-four] TWENTY-FIVE
pursuant to this section may be issued with a maximum maturity of fifty
years, PROVIDED SUCH BONDS ISSUED PURSUANT TO THIS SECTION HAVE SUBSTAN-
TIALLY LEVEL OR DECLINING DEBT SERVICE PAYMENTS, and (B) any bonds
issued to refund such bonds and notes may be issued with a maximum matu-
rity of fifty years from the respective date of original issuance of
such bonds and notes, PROVIDED SUCH REFUNDING ACHIEVES AN ACTUAL DEBT
SERVICE SAVINGS IN EACH YEAR DURING THE TERM TO MATURITY AND TOTAL
SAVINGS ON A PRESENT VALUE BASIS.
§ 57. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024; provided,
however, that the provisions of sections one, two, three, four, five,
six, seven, eight, fourteen, fifteen, sixteen, seventeen, eighteen,
nineteen, twenty, twenty-one, twenty-two, twenty-three, and twenty-four
of this act shall expire March 31, 2025; and provided, further, that
sections twenty-five and twenty-six of this act shall expire March 31,
2028, when upon such dates the provisions of such sections shall be
deemed repealed.
PART Y
Intentionally Omitted
PART Z
Section 1. This act shall be known and may be cited as the "Doctor
John L. Flateau Voting and Elections Database and Academic Center of New
York Act".
§ 2. The election law is amended by adding a new section 3-112 to read
as follows:
§ 3-112. STATE BOARD OF ELECTIONS; UNIFORM STANDARDS FOR PROCESSING
DATA REQUESTS AND DUTY TO SEND DATA AND INFORMATION TO STATEWIDE DATA-
BASE. 1. FOR THE PURPOSES OF THIS SECTION:
(A) THE TERM "ELECTION AUTHORITY" SHALL MEAN ANY LOCAL GOVERNMENT
ENTITY PRIMARILY RESPONSIBLE FOR MAINTAINING THE RECORDS LISTED IN THIS
SECTION, INCLUDING, BUT NOT LIMITED TO, ANY COUNTY OR CITY BOARD OF
ELECTION, OR ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR OTHER
DISTRICT ORGANIZED PURSUANT TO STATE OR LOCAL LAW THAT ADMINISTER THEIR
OWN ELECTIONS OR MAINTAIN THEIR OWN VOTING AND ELECTION RECORDS.
(B) THE TERM "NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER" SHALL
MEAN THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER ESTABLISHED UNDER
ARTICLE ONE HUNDRED SEVENTEEN OF THE EDUCATION LAW.
1-A. THERE IS HEREBY ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS
THE NEW YORK VOTING AND ELECTIONS DATABASE. SUCH DATABASE SHALL BE A
CENTRAL REPOSITORY OF CERTAIN ELECTIONS AND VOTING DATA AVAILABLE TO THE
PUBLIC FROM AN ELECTION AUTHORITY IN THE STATE. THE STATE BOARD OF
ELECTIONS SHALL COLLECT, HOST, AND MAINTAIN IN AN ELECTRONIC FORMAT
RECORDS PROVIDED TO THE STATE BOARD OF ELECTIONS PURSUANT TO THIS
SECTION. SUCH RECORDS SHALL BE MAINTAINED FOR AT LEAST TWELVE YEARS.
1-B. THE STATE BOARD OF ELECTIONS, IN CONSULTATION WITH THE CO-DIREC-
TORS OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER SHALL PROMUL-
GATE REGULATIONS WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF
S. 8305--B 87
THIS SECTION ON DATA STANDARDS FOR THE METHOD OF PROCESSING AND TRANS-
MITTING RECORDS REQUIRED TO BE PROVIDED PURSUANT TO THIS SECTION. SUCH
DATA STANDARDS PROMULGATED BY THE STATE BOARD OF ELECTIONS PURSUANT TO
THIS SUBDIVISION SHALL:
(A) BE CONSISTENT WITH ANY RELEVANT STANDARDS, GUIDELINES, OR GUIDANCE
DEVELOPED BY THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, THE
ELECTION ASSISTANCE COMMISSION, OR THE CYBERSECURITY AND INFRASTRUCTURE
SECURITY AGENCY; AND
(B) APPLY TO EVERY ELECTION AUTHORITY IN THE STATE.
2. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF
THE VOTER HISTORY FILE AFTER EVERY ELECTION, EACH ELECTION AUTHORITY
SHALL, BY JANUARY FIRST AFTER SUCH ELECTION, OR WITHIN TEN BUSINESS
DAYS, WHICHEVER IS LATER, TRANSMIT TO THE STATE BOARD OF ELECTIONS, IF
SUCH ELECTION AUTHORITY IS ABLE TO MAINTAIN THE RECORD, COPIES OF: (A)
ELECTION RESULTS AT THE ELECTION DISTRICT LEVEL FOR EVERY STATEWIDE
ELECTION AND EVERY ELECTION IN EVERY POLITICAL SUBDIVISION; (B) CONTEM-
PORANEOUS VOTER REGISTRATION LISTS; (C) VOTER HISTORY FILES; (D) MAPS OR
OTHER DOCUMENTATION OF THE CONFIGURATION OF DISTRICTS IN ANY FORMAT OR
FORMATS AS SPECIFIED BY THE STATE BOARD OF ELECTIONS; (E) TABULATIONS OF
THE NUMBER OF VALID AND INVALID AFFIDAVIT BALLOTS, THE REASONS FOR WHICH
AFFIDAVIT BALLOTS WERE INVALID, AND THE QUANTITY AND DISPOSITION OF
AFFIDAVIT BALLOTS SUBJECT TO THE CURE PROCEDURE PRESCRIBED BY SUBDIVI-
SION THREE OF SECTION 9-209 OF THIS CHAPTER; (F) TABULATIONS OF THE
NUMBER OF VALID AND INVALID ABSENTEE BALLOTS, THE REASONS FOR WHICH
ABSENTEE BALLOTS WERE INVALID AND THE QUANTITY OF ABSENTEE BALLOTS
INVALID FOR EACH SUCH REASON, AND THE QUANTITY AND DISPOSITION OF ABSEN-
TEE BALLOTS SUBJECT TO THE CURE PROCEDURE PRESCRIBED BY SUBDIVISION
THREE OF SECTION 9-209 OF THIS CHAPTER; (G) LISTS OF ELECTION DAY POLL
SITES AND EARLY VOTING SITES AND MAPS OR OTHER DOCUMENTATION OF THE
CONFIGURATION OF DISTRICTS IN ANY FORMAT OR FORMATS AS SPECIFIED BY THE
STATE BOARD OF ELECTIONS OF THE ELECTION DISTRICTS ASSIGNED TO EACH
ELECTION DAY POLL SITE OR EARLY VOTING SITE; (H) ADOPTED DISTRICTING OR
REDISTRICTING PLANS FOR EVERY ELECTION IN EVERY POLITICAL SUBDIVISION;
AND (I) ANY OTHER PUBLICLY AVAILABLE DATA AS REQUESTED BY THE STATE
BOARD OF ELECTIONS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
REQUIRE AN ELECTION AUTHORITY TO CREATE OR OTHERWISE PROVIDE A RECORD IT
IS NOT CAPABLE OF COLLECTING. WITHIN SIXTY DAYS OF RECEIPT OF RECORDS
PURSUANT TO THIS SECTION, THE NEW YORK VOTING AND ELECTIONS DATABASE
SHALL POST SUCH RECORDS TO ITS PUBLIC FACING WEBSITE, PROVIDED THAT
INDIVIDUAL VOTER REGISTRATION RECORDS SHALL NOT BE PUBLISHED, BUT ONLY
MADE AVAILABLE TO THE PUBLIC UPON REQUEST. NO COST SHALL BE CHARGED TO
ACCESS SUCH RECORDS. THE STATE BOARD OF ELECTIONS SHALL PROVIDE THE NEW
YORK VOTING AND ELECTIONS ACADEMIC CENTER WITH FULL ACCESS TO SUCH DATA-
BASE.
3. THE STATE BOARD OF ELECTIONS SHALL PROVIDE THE NEW YORK VOTING AND
ELECTIONS ACADEMIC CENTER WITH READ-ONLY ACCESS TO THE NON-CONFIDENTIAL
FIELDS OF THE STATEWIDE VOTER DATABASE OR ANY SIMILAR SUCCESSOR STATE-
WIDE VOTER REGISTRATION DATABASE.
4. EVERY SIX MONTHS, THE STATE BOARD OF ELECTIONS SHALL DETERMINE
WHICH ELECTION AUTHORITIES HAVE FAILED TO TRANSMIT RECORDS TO THE STATE
BOARD OF ELECTIONS PURSUANT TO THIS SECTION AND SHALL PUBLISH A LIST OF
SUCH ELECTION AUTHORITIES. THE ATTORNEY GENERAL, THE CO-DIRECTORS OF THE
NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER, THE STATE BOARD OF
ELECTIONS, OR ANY PERSON OR ORGANIZATION WHO WILL MAKE USE OF THE
RECORDS COLLECTED BY THE NEW YORK VOTING ELECTIONS AND DATABASE MAY FILE
AN ACTION AGAINST ANY ELECTION AUTHORITY TO ENFORCE COMPLIANCE WITH THE
S. 8305--B 88
REQUIREMENTS OF THIS SECTION. AN ELECTION AUTHORITY THAT IS INCLUDED IN
A LIST OF NONCOMPLYING ELECTION AUTHORITIES PUBLISHED BY THE STATE BOARD
OF ELECTIONS UNDER THIS SUBDIVISION THREE TIMES WITHIN THE IMMEDIATELY
PRECEDING FIVE-YEAR PERIOD SHALL BE CONSIDERED COVERED ENTITIES WITHIN
THE MEANING OF SUBDIVISION THREE OF SECTION 17-210 OF THIS CHAPTER.
§ 3. The education law is amended by adding a new article 117 to read
as follows:
ARTICLE 117
NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER
SECTION 5801. STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS.
5802. ESTABLISHMENT OF THE NEW YORK VOTING AND ELECTIONS ACADEM-
IC CENTER.
5803. FUNCTION OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC
CENTER.
5804. CO-DIRECTORS ON VOTING AND ELECTIONS.
5805. ANNUAL REPORT.
§ 5801. STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS. NEW YORK'S
EXISTING SYSTEM OF VOTING AND ELECTION ADMINISTRATION HAS DEVELOPED OVER
THE COURSE OF TWO CENTURIES AND HAS EVOLVED IN RESPONSE TO CHANGING
UNDERSTANDINGS OF CIVIL RIGHTS AND THE IMPORTANCE OF EQUITABLE PARTIC-
IPATION IN GOVERNMENT. THE LEGISLATURE HEREBY FINDS THAT EQUITABLE,
EFFICIENT, AND ACCOUNTABLE ELECTIONS REQUIRE TRANSPARENCY AND RELIABLE
DATA TO BETTER INFORM THE PUBLIC AND THE LEGISLATIVE PROCESS IN DECISION
MAKING REGARDING ELECTION ADMINISTRATION AND VOTING RIGHTS IN THE STATE.
THEREFORE, THE LEGISLATURE FINDS THAT IT IS IN THE PUBLIC INTEREST TO
ESTABLISH A CENTRAL INSTITUTION TO REDUCE THE BURDEN ON BOARDS OF
ELECTIONS, LOCAL GOVERNMENTS AND SCHOOL DISTRICTS WITH REGARD TO STORING
AND SHARING ELECTION DATA, PROVIDE A NONPARTISAN AND ACCURATE SET OF
DATA THAT THE PUBLIC CAN RELY UPON, ENCOURAGE THE ENACTMENT OF
EVIDENCE-BASED ELECTION POLICIES AND LEGISLATION, AND IMPROVE TRANSPAR-
ENCY AND ALLOW VOTERS TO DETECT INEQUITABLE ELECTION POLICIES AND RACIAL
DISCRIMINATION.
§ 5802. ESTABLISHMENT OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC
CENTER. THERE IS HEREBY ESTABLISHED JOINTLY WITHIN THE STATE UNIVERSITY
OF NEW YORK AND CITY UNIVERSITY OF NEW YORK THE NEW YORK VOTING AND
ELECTIONS ACADEMIC CENTER, REFERRED TO IN THIS ARTICLE AS THE CENTER, TO
FOSTER, PURSUE, AND SPONSOR RESEARCH ON EXISTING LAWS AND BEST PRACTICES
IN VOTING AND ELECTIONS. FOR THE PURPOSES OF THIS SECTION, "POLITICAL
SUBDIVISION" SHALL MEAN A GEOGRAPHIC AREA OF REPRESENTATION CREATED FOR
THE PROVISION OF GOVERNMENT SERVICES, INCLUDING, BUT NOT LIMITED TO, A
COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR ANY OTHER DISTRICT
ORGANIZED PURSUANT TO STATE OR LOCAL LAW. THE STATE BOARD OF ELECTIONS
AND ITS MEMBERS MAY ADVISE AND CONSULT BUT SHALL NOT INTERFERE WITH THE
ACADEMIC ACTIVITIES OF SUCH CENTER. SUCH CENTER SHALL NOT: (A) ENGAGE IN
QUALIFYING VOTERS; (B) DISTRIBUTE BALLOTS TO VOTERS; (C) RECEIVE,
RECORD, OR COUNT VOTES AT ELECTION; OR (D) PERFORM ANY OTHER ACTIVITIES
SUBJECT TO SECTION EIGHT OF ARTICLE TWO OF THE NEW YORK STATE CONSTITU-
TION.
§ 5803. FUNCTION OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER.
1. THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER SHALL PROVIDE A
CENTER FOR RESEARCH, AND RESEARCH METHODOLOGIES FOR ELECTION AND DEMO-
GRAPHIC DATA. THE CENTER IS HEREBY EMPOWERED TO:
(A) CONDUCT CLASSES BOTH FOR CREDIT AND NON-CREDIT;
(B) ORGANIZE INTERDISCIPLINARY GROUPS OF SCHOLARS TO RESEARCH VOTING
AND ELECTIONS IN THE STATE;
(C) CONDUCT SEMINARS INVOLVING VOTING AND ELECTIONS;
S. 8305--B 89
(D) ASSIST IN THE DISSEMINATION OF DATA FROM THE NEW YORK VOTING AND
ELECTIONS DATABASE ESTABLISHED PURSUANT TO SECTION 3-112 OF THE ELECTION
LAW TO THE PUBLIC;
(E) PUBLISH SUCH BOOKS AND PERIODICALS AS IT SHALL DEEM APPROPRIATE ON
VOTING AND ELECTIONS IN THE STATE; AND
(F) PROVIDE NONPARTISAN TECHNICAL ASSISTANCE TO POLITICAL SUBDIVI-
SIONS, SCHOLARS, AND THE GENERAL PUBLIC SEEKING TO USE THE RESOURCES OF
THE NEW YORK VOTING AND ELECTIONS DATABASE ESTABLISHED PURSUANT TO
SECTION 3-112 OF THE ELECTION LAW.
2. (A) DATA TO MAINTAIN. THE CENTER SHALL MAINTAIN IN ELECTRONIC
FORMAT AND MAKE AVAILABLE TO THE PUBLIC ONLINE AT NO COST AT MINIMUM
THE FOLLOWING DATA AND RECORDS FOR AT LEAST THE PREVIOUS TWELVE-YEAR
PERIOD:
(I) ESTIMATES OF THE TOTAL POPULATION, VOTING AGE POPULATION, AND
CITIZEN VOTING AGE POPULATION BY RACE, COLOR, AND LANGUAGE-MINORITY
GROUP, BROKEN DOWN TO THE ELECTION DISTRICT LEVEL ON A YEAR-BY-YEAR
BASIS FOR EVERY POLITICAL SUBDIVISION IN THE STATE, BASED ON DATA FROM
THE UNITED STATES CENSUS BUREAU, AMERICAN COMMUNITY SURVEY, OR DATA OF
COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE.
(II) ESTIMATES OF VOTER TURNOUT BY RACE OR HISPANIC ORIGIN, OR ANY
OTHER MINIMUM REPORTING CATEGORY AS THAT TERM IS DEFINED BY THE UNITED
STATES CENSUS BUREAU, OR AGE FOR EVERY ELECTION CONDUCTED BY AN ELECTION
AUTHORITY IN THE STATE, INCLUDING WITHOUT LIMITATION BOARDS OF
ELECTIONS, POLITICAL SUBDIVISIONS THAT CONDUCT ELECTIONS UNDER THE
ELECTION LAW, POLITICAL SUBDIVISIONS THAT CONDUCT THEIR ELECTIONS UNDER
THIS CHAPTER, OR ANY ASSESSING UNITS AS DEFINED BY SECTION ONE HUNDRED
TWO OF THE REAL PROPERTY TAX LAW. THE CENTER SHALL PRIORITIZE PRODUCING
TURNOUT ESTIMATES IN ELECTIONS FOR STATE OR COUNTY OFFICE.
(III) FOR PURPOSES OF ENABLING COMPLIANCE WITH THE REQUIREMENTS FOR
PROVIDING ASSISTANCE TO LANGUAGE-MINORITY GROUPS IN SECTION 17-208 OF
THE ELECTION LAW, ESTIMATES OF CITIZENS OF VOTING AGE WHO SPEAK A
LANGUAGE OTHER THAN ENGLISH AND ARE LIMITED ENGLISH PROFICIENT, BASED ON
DATA FROM THE UNITED STATES CENSUS BUREAU, AMERICAN COMMUNITY SURVEY, OR
DATA OF COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE, AT THE POLI-
TICAL SUBDIVISION LEVEL FOR EVERY POLITICAL SUBDIVISION THAT CONDUCT
ELECTIONS UNDER THE ELECTION LAW OR POLITICAL SUBDIVISIONS THAT CONDUCT
THEIR ELECTIONS UNDER THIS CHAPTER. TO THE EXTENT POSSIBLE, THE CENTER
SHALL ALSO GENERATE SUCH ESTIMATES FOR ANY ASSESSING UNITS AS DEFINED BY
SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW.
(IV) ANY OTHER ESTIMATES OR ANALYTICAL DATA PRODUCTS THAT A DIRECTOR
DEEMS ADVISABLE IN FURTHERANCE OF THE PURPOSES OF SUCH CENTER.
(V) THE STATE BOARD OF ELECTIONS OR OFFICE OF THE ATTORNEY GENERAL MAY
REQUEST ADDITIONAL ESTIMATES OR ANALYTICAL DATA PRODUCTS.
(B) PUBLIC AVAILABILITY OF DATA. EXCEPT FOR ANY DATA, INFORMATION, OR
ESTIMATES THAT IDENTIFIES INDIVIDUAL VOTERS, THE DATA, INFORMATION, AND
ESTIMATES MAINTAINED BY THE STATEWIDE DATABASE SHALL BE POSTED ONLINE
AND MADE AVAILABLE TO THE PUBLIC AT NO COST.
(C) DATA ON RACE, COLOR, AND LANGUAGE-MINORITY GROUPS. THE STATEWIDE
DATABASE AND CENTER SHALL PREPARE ANY ESTIMATES MADE PURSUANT TO THIS
SECTION BY APPLYING ADVANCED, PEER-REVIEWED, AND VALIDATED METHODOL-
OGIES.
(D) TO THE EXTENT PRACTICAL, THE CENTER SHALL PROVIDE REGULAR UPDATES
TO THEIR ESTIMATES AND ANALYTICAL DATA PRODUCTS, PROVIDED THAT SUCH
UPDATES SHALL OCCUR NO LESS FREQUENTLY THAN ONCE EACH YEAR, WITH THE
EXCEPTION OF THE ESTIMATES PRODUCED FOR THE PURPOSE OF ENABLING COMPLI-
ANCE WITH THE REQUIREMENTS FOR PROVIDING ASSISTANCE TO LANGUAGE-MINORITY
S. 8305--B 90
GROUPS IN SECTION 17-208 OF THE ELECTION LAW, WHICH SHALL BE FIRST
PUBLISHED AT LEAST SIX MONTHS PRIOR TO THE EFFECTIVE DATE OF THAT
SECTION AND PUBLISHED AT FIVE YEAR INTERVALS THEREAFTER.
§ 5804. CO-DIRECTORS ON VOTING AND ELECTIONS. 1. TWO CO-DIRECTORS ARE
HEREBY ESTABLISHED IN THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER.
ONE CO-DIRECTOR SHALL BE WITHIN BINGHAMTON UNIVERSITY. ONE CO-DIRECTOR
SHALL BE WITHIN THE GRADUATE SCHOOL AND UNIVERSITY CENTER OF THE CITY
UNIVERSITY OF NEW YORK, PROVIDED THAT THE CO-DIRECTOR MAY HAVE A PRIMARY
APPOINTMENT AT ANOTHER INSTITUTION OF THE CITY UNIVERSITY OF NEW YORK.
THE LEADERSHIP OF THE CENTER SHALL ALSO INCLUDE TWO DEPUTY DIRECTORS,
ONE FROM BINGHAMTON UNIVERSITY AND ONE FROM MEDGAR EVERS COLLEGE.
2. THE ROLES AND RESPONSIBILITIES OF EACH LEADERSHIP POSITION SHALL BE
AS FOLLOWS:
(A) THE CO-DIRECTORS SHALL BE RESPONSIBLE FOR OVERALL LEADERSHIP,
STRATEGIC DIRECTION, AND COORDINATION OF SUCH ACADEMIC CENTER'S ACTIV-
ITIES. THE CO-DIRECTOR SHALL BE APPOINTED BY THE PROVOST OF THEIR
RESPECTIVE INSTITUTIONS AND SHALL SERVE A TERM OF NO LONGER THAN FIVE
YEARS, WITH THE POSSIBILITY OF REAPPOINTMENT.
(B) THE DEPUTY DIRECTORS SHALL SUPPORT THE CO-DIRECTORS IN MANAGING
THE CENTER'S PROGRAMS AND PROJECTS. THE DEPUTY DIRECTORS SHALL BE
APPOINTED BY THE PROVOSTS OF THEIR RESPECTIVE INSTITUTIONS AND SHALL
SERVE A TERM OF NO LONGER THAN FIVE YEARS. UPON THE SUGGESTION OF THE
APPOINTING PROVOST, A CO-DIRECTOR OR DEPUTY DIRECTOR MAY BE REMOVED FOR
CAUSE PRIOR TO THE EXPIRATION OF THEIR TERM BY A VOTE OF AT LEAST FIVE
MEMBERS OF THE CENTER'S ADVISORY PANEL.
3. (A) THERE SHALL BE AN ADVISORY PANEL FOR THE CENTER CONSISTING OF
SEVEN VOTING MEMBERS. THE CO-DIRECTORS OF THE CENTER SHALL SERVE AS EX
OFFICIO MEMBERS OF THE PANEL. THE PANEL SHALL MEET AT LEAST ANNUALLY TO
REVIEW THE PROGRESS AND PLANS OF THE CENTER AND PROVIDE GUIDANCE TO THE
CO-DIRECTORS. THE PANEL SHALL ALSO REVIEW AND APPROVE THE PROPOSED ALLO-
CATION OF FUNDS WITHIN THE CENTER.
(B) SUCH VOTING MEMBERS SHALL BE APPOINTED AS FOLLOWS:
(I) THE PROVOST AT BINGHAMTON UNIVERSITY SHALL APPOINT TWO MEMBERS OF
THE PANEL FROM AMONG THE FACULTY OF THE STATE UNIVERSITY OF NEW YORK. AT
LEAST ONE PANELIST APPOINTED BY THE BINGHAMTON UNIVERSITY PROVOST SHALL
HAVE A PRIMARY APPOINTMENT THAT IS NOT AT BINGHAMTON UNIVERSITY. BOTH
PANELISTS APPOINTED UNDER THIS PROVISION SHALL HOLD THE RANK OF ASSIST-
ANT PROFESSOR OR HIGHER.
(II) THE PROVOST AT THE GRADUATE SCHOOL AND UNIVERSITY CENTER OF THE
CITY UNIVERSITY OF NEW YORK SHALL APPOINT TWO MEMBERS OF THE PANEL FROM
AMONG THE FACULTY OF THE CITY UNIVERSITY OF NEW YORK. AT LEAST ONE
PANELIST APPOINTED BY THE PROVOST OF THE GRADUATE SCHOOL AND UNIVERSITY
CENTER AT THE CITY UNIVERSITY OF NEW YORK SHALL HAVE A PRIMARY APPOINT-
MENT AT THE MEDGAR EVERS COLLEGE. BOTH PANELISTS APPOINTED UNDER THIS
PROVISION SHALL HOLD THE RANK OF ASSISTANT PROFESSOR OR HIGHER.
(III) THE STATE BOARD OF ELECTIONS SHALL APPOINT TWO MEMBERS OF THE
PANEL, ONE EACH FILLED BY THE DESIGNEES OF THE TWO POLITICAL PARTIES
REPRESENTED IN THE LEADERSHIP OF THE STATE BOARD OF ELECTIONS.
(IV) THE ATTORNEY GENERAL SHALL APPOINT ONE MEMBER OF THE PANEL.
(C) EACH PANELIST SHALL SERVE A TERM OF THREE YEARS WITH THE POSSIBIL-
ITY OF REAPPOINTMENT. PANELISTS SHALL BE ELIGIBLE FOR REIMBURSEMENTS FOR
REASONABLE COSTS INCURRED IN PERFORMING THEIR DUTIES. THE APPOINTING
AUTHORITY FOR EACH PANELIST SEAT SHALL HAVE THE AUTHORITY TO FILL VACAN-
CIES OR TO REMOVE A PANELIST FOR CAUSE PRIOR TO THE EXPIRATION OF THEIR
TERM. SUCH VACANCIES SHALL BE FILLED FOR THE REMAINDER OF SUCH TERM.
S. 8305--B 91
§ 5805. ANNUAL REPORT. NOT LATER THAN NINETY DAYS FOLLOWING THE END OF
THE STATE FISCAL YEAR THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER
SHALL ANNUALLY SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT ON THE PRIORITIES AND
FINANCES OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER. THE
REPORT SHALL SUMMARIZE THE ACTIVITIES OF THE CENTER DURING THE PRECEDING
STATE FISCAL YEAR AND SHALL ADDRESS TOPICS INCLUDING, BUT NOT LIMITED
TO: (A) THE COLLECTION, MAINTENANCE, AND DISSEMINATION OF RELEVANT
RECORDS; (B) EDUCATIONAL, SCHOLARLY, OR ACADEMIC ACTIVITIES OF THE
CENTER; (C) COMPLIANCE BY POLITICAL SUBDIVISIONS WITH THE REQUIREMENTS
OF SECTION 3-112 OF THE ELECTION LAW AND ANY ENFORCEMENT ACTIONS; AND
(D) ANY OUTSTANDING CHALLENGES TO THE ACHIEVEMENT OF THE OBJECTIVES OF
THE CENTER UNDER THIS ARTICLE.
§ 4. The civil practice law and rules is amended by adding a new rule
4551 to read as follows:
RULE 4551. NEW YORK VOTING AND ELECTIONS DATABASE AND THE NEW YORK
VOTING AND ELECTIONS ACADEMIC CENTER. THE DATA, INFORMATION, AND/OR
ESTIMATES MAINTAINED BY THE NEW YORK VOTING AND ELECTIONS DATABASE
AND/OR NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER SHALL BE GRANTED A
REBUTTABLE PRESUMPTION OF VALIDITY BY ANY COURT CONCERNING ANY CLAIM
BROUGHT.
§ 5. The education law is amended by adding a new section 2614 to read
as follows:
§ 2614. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING
AND ELECTIONS DATABASE. UPON THE CERTIFICATION OF ELECTION RESULTS AND
THE COMPLETION OF THE VOTER HISTORY FILE AFTER EACH ELECTION, EACH
SCHOOL DISTRICT THAT HOLDS ELECTIONS PURSUANT TO THIS ARTICLE SHALL
TRANSMIT COPIES OF RECORDS REQUIRED TO BE TRANSMITTED PURSUANT TO
SECTION 3-112 OF THE ELECTION LAW IN A MANNER AND TIME PROVIDED FOR IN
SUCH SECTION.
§ 6. Section 2038 of the education law is renumbered section 2039 and
a new section 2038 is added to read as follows:
§ 2038. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING
AND ELECTIONS DATABASE. UPON THE CERTIFICATION OF ELECTION RESULTS AND
THE COMPLETION OF THE VOTER HISTORY FILE AFTER EACH ELECTION, EACH
SCHOOL DISTRICT THAT HOLDS SCHOOL BOARD ELECTIONS PURSUANT TO THIS ARTI-
CLE SHALL TRANSMIT COPIES OF THE RECORDS REQUIRED TO BE TRANSMITTED
PURSUANT TO SECTION 3-112 OF THE ELECTION LAW IN A MANNER AND TIME
PROVIDED FOR IN SUCH SECTION.
§ 7. Section 2553 of the education law is amended by adding a new
subdivision 2-a to read as follows:
2-A. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF
THE VOTER HISTORY FILE AFTER EACH ELECTION, EACH SCHOOL DISTRICT THAT
HOLDS SCHOOL BOARD ELECTIONS PURSUANT TO THIS ARTICLE SHALL TRANSMIT
COPIES OF THE RECORDS REQUIRED TO BE TRANSMITTED PURSUANT TO SECTION
3-112 OF THE ELECTION LAW IN A MANNER AND TIME PROVIDED FOR IN SUCH
SECTION.
§ 8. The election law is amended by adding a new section 15-140 to
read as follows:
§ 15-140. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK
VOTING AND ELECTIONS DATABASE. UPON THE CERTIFICATION OF ELECTION
RESULTS AND THE COMPLETION OF THE VOTER HISTORY FILE AFTER EACH
ELECTION, EACH VILLAGE THAT HOLDS AN ELECTION NOT CONDUCTED BY A BOARD
OF ELECTIONS PURSUANT TO THIS ARTICLE SHALL TRANSMIT TO THE STATE BOARD
OF ELECTIONS COPIES OF THE RECORDS REQUIRED TO BE TRANSMITTED PURSUANT
S. 8305--B 92
TO SECTION 3-112 OF THIS CHAPTER IN A MANNER AND TIME PROVIDED FOR IN
SUCH SECTION.
§ 9. The state finance law is amended by adding a new section 97-ss to
read as follows:
§ 97-SS. NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW
YORK VOTING AND ELECTIONS ACADEMIC CENTER FUND.
2. THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER FUND SHALL
CONSIST OF ALL MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE, INCLUDING ANY FEDERAL, STATE, OR PRIVATE FUNDS, PURSUANT
TO LAW FOR THE MAINTENANCE OF THE VOTING AND ELECTIONS DATABASE REPOSI-
TORY AND FOR RESEARCH CONDUCTED BY SUCH CENTER.
3. MONEYS IN THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER FUND
MAY BE INVESTED BY THE COMPTROLLER PURSUANT TO SECTION NINETY-EIGHT-A OF
THIS ARTICLE, AND ANY INCOME RECEIVED BY THE COMPTROLLER SHALL BE USED
FOR THE PURPOSES OF SUCH FUND.
4. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK VOTING AND ELECTIONS
ACADEMIC CENTER FUND SHALL BE EXPENDED FOR THE PURPOSES SET FORTH IN
THIS SECTION, AND MAY NOT BE INTERCHANGED OR COMMINGLED WITH ANY OTHER
ACCOUNT OR FUND BUT MAY BE COMMINGLED WITH ANY OTHER FUND OR ACCOUNT FOR
INVESTMENT PURPOSES.
5. MONEYS IN THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER FUND,
FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE AVAILABLE TO THE
NEW YORK STATE BOARD OF ELECTION FOR MAINTENANCE OF THE NEW YORK VOTING
AND ELECTIONS DATABASE AS SET FORTH IN SECTION 3-112 OF THE ELECTION LAW
AND THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER FOR RESEARCH AND
EDUCATION PROGRAMS AS SET FORTH IN ARTICLE ONE HUNDRED SEVENTEEN OF THE
EDUCATION LAW.
§ 10. Section 17-208 of the election law is amended by adding three
new subdivisions 6, 7, and 8 to read as follows:
6. NOT LATER THAN SIX MONTHS BEFORE THE EFFECTIVE DATE OF THIS SECTION
AND EVERY FIVE YEARS THEREAFTER, THE CO-DIRECTORS OF THE NEW YORK VOTING
AND ELECTIONS ACADEMIC CENTER ESTABLISHED PURSUANT TO ARTICLE ONE
HUNDRED SEVENTEEN OF THE EDUCATION LAW SHALL PUBLISH A LIST OF:
(A) EACH BOARD OF ELECTIONS OR POLITICAL SUBDIVISION THAT IS REQUIRED
TO PROVIDE LANGUAGE-RELATED ASSISTANCE IN VOTING AND ELECTIONS UNDER
THAT SECTION; AND
(B) EACH LANGUAGE IN WHICH SUCH ASSISTANCE SHALL BE PROVIDED IN EACH
SUCH POLITICAL SUBDIVISION.
7. THE ATTORNEY GENERAL SHALL ADOPT EACH SUCH LIST BY REGULATION AND
SHALL PROVIDE THE INFORMATION CONTAINED THEREIN TO EACH AFFECTED BOARD
OF ELECTIONS OR POLITICAL SUBDIVISION.
8. THE ATTORNEY GENERAL SHALL PROMULGATE SUCH RULES AND REGULATIONS AS
ARE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
§ 11. This act shall take effect April 1, 2026 and shall apply to any
election on or after such date. Provided, however that if section
17-208 of the election law as added by section 4 of chapter 226 of the
laws of 2022 shall not have taken effect on or before such date then
section ten of this act shall take effect on the same date and in the
same manner as such chapter of the laws of 2022 takes effect. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such date.
PART AA
S. 8305--B 93
Section 1. Legislative findings and intent. As the official record of
all eligible voters in a state, a state's voter registration rolls are
the foundation of free, fair, and accurate elections. Illegal voting is
exceedingly rare but maintaining accurate voter rolls reduces the oppor-
tunity for such behavior and it helps build confidence in election
outcomes. However, keeping voter rolls up to date is a challenge
because, every day, voters move or die. Voters do not always remember to
update their registration when they move. These challenges are especial-
ly acute in states with large and highly mobile populations. Partic-
ipation in a multistate voter list maintenance organization can improve
the accuracy of New York's voter registration rolls. A multistate voter
list maintenance organization is a coordinating entity between states
that aids them in identifying voters who may no longer be eligible to
vote, who have moved, or who have died. A voter list maintenance organ-
ization may also offer other information useful to improving voter
registration or enhancing the integrity of election administration.
§ 2. Article 5 of the election law is amended by adding a new title 10
to read as follows:
TITLE X
MULTISTATE VOTER LIST MAINTENANCE ORGANIZATION MEMBERSHIP AUTHORIZATION
SECTION 5-1000. JOINING A MULTISTATE VOTER LIST MAINTENANCE ORGANIZA-
TION.
5-1001. DESIGNATING A MEMBER REPRESENTATIVE.
5-1002. AUTHORIZATION TO SHARE REGISTRATION RECORDS WITH MULTI-
STATE VOTER LIST MAINTENANCE ORGANIZATION.
5-1003. USE OF INFORMATION FROM A MULTISTATE VOTER LIST MAINTE-
NANCE ORGANIZATION.
§ 5-1000. JOINING A MULTISTATE VOTER LIST MAINTENANCE ORGANIZATION.
THE STATE BOARD OF ELECTIONS SHALL JOIN THE STATE AS A MEMBER IN ONE OR
MORE MULTISTATE VOTER LIST MAINTENANCE ORGANIZATIONS INCLUDING, BUT NOT
LIMITED TO, THE ELECTRONIC REGISTRATION INFORMATION CENTER OR ITS
SUCCESSOR. THE STATE BOARD OF ELECTIONS SHALL EXPEND FUNDS FOR MEMBER-
SHIP FEES, DUES AND OTHER EXPENSES RELATED TO SUCH MEMBERSHIP.
§ 5-1001. DESIGNATING A MEMBER REPRESENTATIVE. THE STATE BOARD OF
ELECTIONS SHALL DESIGNATE THE CHIEF ELECTION OFFICIAL OF THE STATE OF
NEW YORK AS THE REPRESENTATIVE TO THE BOARD OF DIRECTORS OF ANY MULTI-
STATE VOTER LIST MAINTENANCE ORGANIZATION THAT THE STATE IS A MEMBER OF
INCLUDING, BUT NOT LIMITED TO, THE ELECTRONIC REGISTRATION INFORMATION
CENTER OR ITS SUCCESSOR.
§ 5-1002. AUTHORIZATION TO SHARE REGISTRATION RECORDS WITH MULTISTATE
VOTER LIST MAINTENANCE ORGANIZATION. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE MEMBER REPRESENTATIVE DESIGNATED UNDER SECTION
5-1001 OF THIS TITLE MAY PROVIDE TO THE MULTISTATE VOTER LIST MAINTE-
NANCE ORGANIZATION THAT THEY ARE A MEMBER OF THE FOLLOWING INFORMATION
FROM THE STATEWIDE VOTER REGISTRATION LIST AS DEFINED IN SECTION 5-614
OF THIS ARTICLE:
(A) ALL NAME FIELDS;
(B) ALL ADDRESS FIELDS;
(C) DATE OF BIRTH;
(D) STATE VOTER IDENTIFICATION NUMBER;
(E) VOTER'S LAST REGISTRATION DATE;
(F) ACTIVITY DATES AS DEFINED BY THE MULTISTATE VOTER LIST MAINTENANCE
ORGANIZATION; AND
(G) VOTER HISTORY.
2. THE MEMBER REPRESENTATIVE DESIGNATED UNDER SECTION 5-1001 OF THIS
TITLE MAY ALSO PROVIDE ANY INFORMATION TO THE MULTISTATE VOTER LIST
S. 8305--B 94
MAINTENANCE ORGANIZATION PROVIDED TO SUCH MEMBER REPRESENTATIVE FROM THE
DEPARTMENT OF MOTOR VEHICLES PURSUANT TO SECTION TWO HUNDRED NINETEEN-A
OF THE VEHICLE AND TRAFFIC LAW.
3. THE STATE BOARD OF ELECTIONS SHALL NOT PROVIDE ANY INFORMATION ON
ANY PERSON IN THE CONFIDENTIAL VOTER PROGRAM PURSUANT TO SECTION 5-508
OF THIS ARTICLE FOR ANY PURPOSE UNDER THIS TITLE. NOTHING IN THIS TITLE
SHALL BE CONSTRUED TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO
PROVIDE ANY INFORMATION ON ANY PERSON IN SUCH PROGRAM.
4. THE STATE BOARD OF ELECTIONS IS AUTHORIZED TO PROMULGATE ANY RULE
OR REGULATION NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS TITLE.
§ 5-1003. USE OF INFORMATION FROM A MULTISTATE VOTER LIST MAINTENANCE
ORGANIZATION. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
THE STATE BOARD OF ELECTIONS SHALL USE ANY INFORMATION PROVIDED BY A
MULTISTATE VOTER LIST MAINTENANCE ORGANIZATION THAT THE STATE HAS JOINED
PURSUANT TO SECTION 5-1001 OF THIS TITLE, INCLUDING BUT NOT LIMITED TO,
THE USE OF SUCH INFORMATION IN LIST MAINTENANCE ACTIVITIES PERFORMED
PURSUANT TO SECTION 5-614 OF THIS ARTICLE.
2. TO AVOID INADVERTENT OR ACCIDENTAL REGISTRATION OF PERSONS INELIGI-
BLE TO REGISTER TO VOTE, ANY MAILING TO ANY POTENTIALLY ELIGIBLE BUT
UNREGISTERED PERSON SHALL STATE THE VOTER REGISTRATION CRITERIA, INCLUD-
ING BUT NOT LIMITED TO, ANY CITIZENSHIP REQUIREMENTS.
§ 3. The vehicle and traffic law is amended by adding a new section
219-a to read as follows:
§ 219-A. STATE MEMBERSHIP IN A MULTISTATE VOTER LIST MAINTENANCE
ORGANIZATION. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, THE COMMISSIONER IS AUTHORIZED TO PROVIDE TO THE STATE'S
REPRESENTATIVE TO A MULTISTATE VOTER LIST MAINTENANCE ORGANIZATION,
DESIGNATED UNDER SECTION 5-1001 OF THE ELECTION LAW, THE FOLLOWING
INFORMATION: (A) ALL NAME FIELDS; (B) ALL ADDRESS FIELDS; (C) DMV ID
NUMBER; (D) LAST FOUR DIGITS OF THE DMV ID HOLDER'S SOCIAL SECURITY
NUMBER; (E) DATE OF BIRTH; (F) CURRENT RECORD STATUS; (G) PHONE NUMBER;
AND (H) E-MAIL ADDRESS, PROVIDED THAT THE CONDITIONS AND TERMS OF
MEMBERSHIP ARE CONSISTENT WITH THE PROVISIONS OF THIS CHAPTER AND TITLE
TEN OF ARTICLE FIVE OF THE ELECTION LAW PERTAINING TO SUCH MEMBERSHIP OR
RECIPROCAL RECOGNITION OF VEHICLE REGISTRATIONS.
2. THE COMMISSIONER SHALL NOT PROVIDE ANY INFORMATION PURSUANT TO THIS
SECTION OF PERSONS WHO ARE NOT CITIZENS.
§ 4. New York state shall join a multistate voter list maintenance
organization promptly after the effective date of this act and shall
complete its registration with a multistate voter list maintenance
organization on or before July 31, 2025.
§ 5. This act shall take effect immediately.
PART BB
Section 1. Short title. This act shall be known and may be cited as
the "New York privacy act".
§ 2. Legislative intent. 1. Privacy is a fundamental right and an
essential element of freedom. Advances in technology have produced ramp-
ant growth in the amount and categories of personal data being gener-
ated, collected, stored, analyzed, and potentially shared, which
presents both promise and peril. Companies collect, use and share our
personal data in ways that can be difficult for ordinary consumers to
understand. Opaque data processing policies make it impossible to evalu-
ate risks and compare privacy-related protections across services,
stifling competition. Algorithms quietly make decisions with critical
S. 8305--B 95
consequences for New York consumers, often with no human accountability.
Behavioral advertising generates profits by turning people into products
and their activity into assets. New York consumers deserve more notice
and more control over their data and their digital privacy.
2. This act seeks to help New York consumers regain their privacy. It
gives New York consumers the ability to exercise more control over their
personal data and requires businesses to be responsible, thoughtful, and
accountable managers of that information. To achieve this, this act
provides New York consumers a number of new rights, including clear
notice of how their data is being used, processed and shared; the abili-
ty to access and obtain a copy of their data in a commonly used elec-
tronic format, with the ability to transfer it between services; the
ability to correct inaccurate data and to delete their data. This act
also imposes obligations upon businesses to maintain reasonable data
security for personal data, to notify New York consumers of foreseeable
harms arising from use of their data and to obtain specific consent for
that use, and to conduct regular assessments to ensure that data is not
being used for unacceptable purposes. These data assessments can be
obtained and evaluated by the New York State Attorney General, who is
empowered to obtain penalties for violations of this act and prevent
future violations.
§ 3. The general business law is amended by adding a new article 42 to
read as follows:
ARTICLE 42
NEW YORK PRIVACY ACT
SECTION 1100. DEFINITIONS.
1101. JURISDICTIONAL SCOPE.
1102. CONSUMER RIGHTS.
1103. CONTROLLER, PROCESSOR, AND THIRD PARTY RESPONSIBILITIES.
1104. DATA BROKERS.
1105. LIMITATIONS.
1106. ENFORCEMENT.
1107. MISCELLANEOUS.
§ 1100. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY FOR THE PURPOSES
OF THIS ARTICLE UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE:
1. "BIOMETRIC INFORMATION" MEANS ANY PERSONAL DATA GENERATED FROM THE
MEASUREMENT OR SPECIFIC TECHNOLOGICAL PROCESSING OF A NATURAL PERSON'S
BIOLOGICAL, PHYSICAL, OR PHYSIOLOGICAL CHARACTERISTICS THAT ALLOWS OR
CONFIRMS THE UNIQUE IDENTIFICATION OF A NATURAL PERSON, INCLUDING FING-
ERPRINTS, VOICE PRINTS, IRIS OR RETINA SCANS, FACIAL SCANS OR TEMPLATES,
AND GAIT. "BIOMETRIC INFORMATION" DOES NOT INCLUDE A DIGITAL OR PHYS-
ICAL PHOTOGRAPH, AN AUDIO OR VIDEO RECORDING, OR ANY DATA GENERATED FROM
A DIGITAL OR PHYSICAL PHOTOGRAPH, OR AN AUDIO OR VIDEO RECORDING, UNLESS
SUCH DATA IS GENERATED TO IDENTIFY A SPECIFIC INDIVIDUAL.
2. "BUSINESS ASSOCIATE" HAS THE SAME MEANING AS IN TITLE 45 OF THE
C.F.R., ESTABLISHED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTABILITY
AND ACCOUNTABILITY ACT OF 1996.
3. "CONSENT" MEANS A CLEAR AFFIRMATIVE ACT SIGNIFYING A FREELY GIVEN,
SPECIFIC, INFORMED, AND UNAMBIGUOUS INDICATION OF A CONSUMER'S AGREEMENT
TO THE PROCESSING OF DATA RELATING TO THE CONSUMER. CONSENT MAY BE
WITHDRAWN AT ANY TIME, AND A CONTROLLER MUST PROVIDE CLEAR, CONSPICUOUS,
AND CONSUMER-FRIENDLY MEANS TO WITHDRAW CONSENT. THE BURDEN OF ESTAB-
LISHING CONSENT IS ON THE CONTROLLER. CONSENT DOES NOT INCLUDE: (A) AN
AGREEMENT OF GENERAL TERMS OF USE OR A SIMILAR DOCUMENT THAT REFERENCES
UNRELATED INFORMATION IN ADDITION TO PERSONAL DATA PROCESSING; (B) AN
AGREEMENT OBTAINED THROUGH FRAUD, DECEIT OR DECEPTION; (C) ANY ACT THAT
S. 8305--B 96
DOES NOT CONSTITUTE A USER'S INTENT TO INTERACT WITH ANOTHER PARTY SUCH
AS HOVERING OVER, PAUSING OR CLOSING ANY CONTENT; OR (D) A PRE-CHECKED
BOX OR SIMILAR DEFAULT.
4. "CONSUMER" MEANS A NATURAL PERSON WHO IS A NEW YORK RESIDENT ACTING
ONLY IN AN INDIVIDUAL OR HOUSEHOLD CONTEXT. IT DOES NOT INCLUDE A
NATURAL PERSON KNOWN TO BE ACTING IN A PROFESSIONAL OR EMPLOYMENT
CONTEXT.
5. "CONTROLLER" MEANS THE PERSON WHO, ALONE OR JOINTLY WITH OTHERS,
DETERMINES THE PURPOSES AND MEANS OF THE PROCESSING OF PERSONAL DATA.
6. "COVERED ENTITY" HAS THE SAME MEANING AS IN TITLE 45 OF THE C.F.R.,
ESTABLISHED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996.
7. "DATA BROKER" MEANS A PERSON, OR UNIT OR UNITS OF A LEGAL ENTITY,
SEPARATELY OR TOGETHER, THAT DOES BUSINESS IN THE STATE OF NEW YORK AND
KNOWINGLY COLLECTS, AND SELLS TO OTHER CONTROLLERS OR THIRD PARTIES, THE
PERSONAL DATA OF A CONSUMER WITH WHOM IT DOES NOT HAVE A DIRECT
RELATIONSHIP. "DATA BROKER" DOES NOT INCLUDE ANY OF THE FOLLOWING:
(A) A CONSUMER REPORTING AGENCY TO THE EXTENT THAT IT IS COVERED BY
THE FEDERAL FAIR CREDIT REPORTING ACT (15 U.S.C. SEC. 1681 ET SEQ.); OR
(B) A FINANCIAL INSTITUTION TO THE EXTENT THAT IT IS COVERED BY THE
GRAMM-LEACH-BLILEY ACT (PUBLIC LAW 106-102) AND IMPLEMENTING REGU-
LATIONS.
8. "DECISIONS THAT PRODUCE LEGAL OR SIMILARLY SIGNIFICANT EFFECTS"
MEANS DECISIONS MADE BY THE CONTROLLER THAT RESULT IN THE PROVISION OR
DENIAL BY THE CONTROLLER OF FINANCIAL OR LENDING SERVICES, HOUSING,
INSURANCE, EDUCATION ENROLLMENT OR OPPORTUNITY, CRIMINAL JUSTICE,
EMPLOYMENT OPPORTUNITIES, HEALTH CARE SERVICES OR ACCESS TO ESSENTIAL
GOODS OR SERVICES.
9. "DEIDENTIFIED DATA" MEANS DATA THAT CANNOT REASONABLY BE USED TO
INFER INFORMATION ABOUT, OR OTHERWISE BE LINKED TO A PARTICULAR CONSUM-
ER, HOUSEHOLD OR DEVICE, PROVIDED THAT THE PROCESSOR OR CONTROLLER THAT
POSSESSES THE DATA:
(A) IMPLEMENTS REASONABLE TECHNICAL SAFEGUARDS TO ENSURE THAT THE DATA
CANNOT BE ASSOCIATED WITH A CONSUMER, HOUSEHOLD OR DEVICE;
(B) PUBLICLY COMMITS TO PROCESS THE DATA ONLY AS DEIDENTIFIED DATA AND
NOT ATTEMPT TO REIDENTIFY THE DATA, EXCEPT THAT THE CONTROLLER OR
PROCESSOR MAY ATTEMPT TO REIDENTIFY THE INFORMATION SOLELY FOR THE
PURPOSE OF DETERMINING WHETHER ITS DEIDENTIFICATION PROCESSES SATISFY
THE REQUIREMENTS OF THIS SUBDIVISION; AND
(C) CONTRACTUALLY OBLIGATES ANY RECIPIENTS OF THE DATA TO COMPLY WITH
ALL PROVISIONS OF THIS ARTICLE.
10. "DEVICE" MEANS ANY PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING
TO THE INTERNET, DIRECTLY OR INDIRECTLY, OR TO ANOTHER DEVICE AND IS
INTENDED FOR USE BY A NATURAL PERSON OR HOUSEHOLD OR, IF USED OUTSIDE
THE HOME, FOR USE BY THE GENERAL PUBLIC.
11. "GENETIC INFORMATION" MEANS ANY DATA, REGARDLESS OF ITS FORMAT,
THAT CONCERNS A CONSUMER'S GENETIC CHARACTERISTICS. "GENETIC DATA"
INCLUDES BUT IS NOT LIMITED TO (A) RAW SEQUENCE DATA THAT RESULT FROM
SEQUENCING OF A CONSUMER'S COMPLETE EXTRACTED OR A PORTION OF THE
EXTRACTED DEOXYRIBONUCLEIC ACID (DNA) INFORMATION; (B) GENOTYPE AND
PHENOTYPIC INFORMATION THAT RESULTS FROM ANALYZING THE RAW SEQUENCE
DATA; AND (C) SELF-REPORTED HEALTH INFORMATION THAT A CONSUMER SUBMITS
TO A COMPANY REGARDING THE CONSUMER'S HEALTH CONDITIONS AND THAT IS USED
FOR SCIENTIFIC RESEARCH OR PRODUCT DEVELOPMENT AND ANALYZED IN
CONNECTION WITH THE CONSUMER'S RAW SEQUENCE DATA.
S. 8305--B 97
12. "HOUSEHOLD" MEANS A GROUP, HOWEVER IDENTIFIED, OF CONSUMERS WHO
COHABITATE WITH ONE ANOTHER AT THE SAME RESIDENTIAL ADDRESS AND MAY
SHARE USE OF COMMON DEVICES OR SERVICES.
13. "IDENTIFIED OR IDENTIFIABLE" MEANS A NATURAL PERSON WHO CAN BE
IDENTIFIED, DIRECTLY OR INDIRECTLY, SUCH AS BY REFERENCE TO AN IDENTIFI-
ER SUCH AS A NAME, AN IDENTIFICATION NUMBER, LOCATION DATA, OR AN ONLINE
OR DEVICE IDENTIFIER.
14. "NATURAL PERSON" MEANS A NATURAL PERSON ACTING ONLY IN AN INDIVID-
UAL OR HOUSEHOLD CONTEXT. IT DOES NOT INCLUDE A NATURAL PERSON KNOWN TO
BE ACTING IN A PROFESSIONAL OR EMPLOYMENT CONTEXT.
15. "PERSON" MEANS A NATURAL PERSON OR A LEGAL ENTITY, INCLUDING BUT
NOT LIMITED TO A PROPRIETORSHIP, PARTNERSHIP, LIMITED PARTNERSHIP,
CORPORATION, COMPANY, LIMITED LIABILITY COMPANY OR CORPORATION, ASSOCI-
ATION, OR OTHER FIRM OR SIMILAR BODY, OR ANY UNIT, DIVISION, AGENCY,
DEPARTMENT, OR SIMILAR SUBDIVISION THEREOF.
16. "PERSONAL DATA" MEANS ANY DATA THAT IDENTIFIES OR COULD REASONABLY
BE LINKED, DIRECTLY OR INDIRECTLY, WITH A SPECIFIC NATURAL PERSON, OR
HOUSEHOLD. PERSONAL DATA DOES NOT INCLUDE DEIDENTIFIED DATA, INFORMA-
TION THAT IS LAWFULLY MADE PUBLICLY AVAILABLE FROM FEDERAL, STATE OR
LOCAL GOVERNMENT RECORDS, OR INFORMATION THAT A CONTROLLER HAS A REASON-
ABLE BASIS TO BELIEVE IS LAWFULLY MADE AVAILABLE TO THE GENERAL PUBLIC
BY THE CONSUMER OR FROM WIDELY DISTRIBUTED MEDIA.
17. "PRECISE GEOLOCATION DATA" MEANS INFORMATION DERIVED FROM TECHNOL-
OGY, INCLUDING, BUT NOT LIMITED TO, GLOBAL POSITION SYSTEM LEVEL LATI-
TUDE AND LONGITUDE COORDINATES OR OTHER MECHANISMS, THAT DIRECTLY IDEN-
TIFIES THE SPECIFIC LOCATION OF AN INDIVIDUAL WITH PRECISION AND
ACCURACY WITHIN A RADIUS OF ONE THOUSAND SEVEN HUNDRED FIFTY FEET,
EXCEPT AS PRESCRIBED BY REGULATIONS. PRECISE GEOLOCATION DATA DOES NOT
INCLUDE THE CONTENT OF COMMUNICATIONS OR ANY DATA GENERATED BY OR
CONNECTED TO ADVANCE UTILITY METERING INFRASTRUCTURE SYSTEMS OR EQUIP-
MENT FOR USE BY A UTILITY.
18. "PROCESS", "PROCESSES" OR "PROCESSING" MEANS AN OPERATION OR SET
OF OPERATIONS WHICH ARE PERFORMED ON DATA OR ON SETS OF DATA, INCLUDING
BUT NOT LIMITED TO THE COLLECTION, USE, ACCESS, SHARING, MONETIZATION,
ANALYSIS, RETENTION, CREATION, GENERATION, DERIVATION, RECORDING, ORGAN-
IZATION, STRUCTURING, STORAGE, DISCLOSURE, TRANSMISSION, ANALYSIS,
DISPOSAL, LICENSING, DESTRUCTION, DELETION, MODIFICATION, OR DEIDENTIFI-
CATION OF DATA.
19. "PROCESSOR" MEANS A PERSON THAT PROCESSES DATA ON BEHALF OF THE
CONTROLLER.
20. "PROFILING" MEANS ANY FORM OF AUTOMATED PROCESSING PERFORMED ON
PERSONAL DATA TO EVALUATE, ANALYZE, OR PREDICT PERSONAL ASPECTS RELATED
TO AN IDENTIFIED OR IDENTIFIABLE NATURAL PERSON'S ECONOMIC SITUATION,
HEALTH, PERSONAL PREFERENCES, INTERESTS, RELIABILITY, BEHAVIOR,
LOCATION, OR MOVEMENTS. PROFILING DOES NOT INCLUDE EVALUATION, ANALY-
SIS, OR PREDICTION BASED SOLELY UPON A NATURAL PERSON'S CURRENT SEARCH
QUERY OR ACTIVITIES ON, OR CURRENT VISIT TO, THE CONTROLLER'S WEBSITE OR
ONLINE APPLICATION.
21. "PROTECTED HEALTH INFORMATION" HAS THE SAME MEANING AS IN TITLE 45
C.F.R., ESTABLISHED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTABILITY
AND ACCOUNTABILITY ACT OF 1996.
22. "SALE", "SELL", OR "SOLD" MEANS THE DISCLOSURE, TRANSFER, CONVEY-
ANCE, SHARING, LICENSING, MAKING AVAILABLE, PROCESSING, GRANTING OF
PERMISSION OR AUTHORIZATION TO PROCESS, OR OTHER EXCHANGE OF PERSONAL
DATA, OR PROVIDING ACCESS TO PERSONAL DATA FOR MONETARY OR OTHER VALU-
ABLE CONSIDERATION BY THE CONTROLLER TO A THIRD PARTY. "SALE" INCLUDES
S. 8305--B 98
ENABLING, FACILITATING OR PROVIDING ACCESS TO PERSONAL DATA FOR TARGETED
ADVERTISING. "SALE" DOES NOT INCLUDE THE FOLLOWING:
(A) THE DISCLOSURE OF DATA TO A PROCESSOR WHO PROCESSES THE DATA ON
BEHALF OF THE CONTROLLER AND WHICH IS CONTRACTUALLY PROHIBITED FROM
USING IT FOR ANY PURPOSE OTHER THAN AS INSTRUCTED BY THE CONTROLLER;
(B) THE DISCLOSURE OR TRANSFER OF DATA AS AN ASSET THAT IS PART OF A
MERGER, ACQUISITION, BANKRUPTCY, OR OTHER TRANSACTION IN WHICH ANOTHER
ENTITY ASSUMES CONTROL OR OWNERSHIP OF ALL OR A MAJORITY OF THE CONTROL-
LER'S ASSETS; OR
(C) THE DISCLOSURE OF PERSONAL DATA TO A THIRD PARTY NECESSARY FOR
PURPOSES OF PROVIDING A PRODUCT, SERVICE, OR INTERACTION WITH SUCH THIRD
PARTY, WHEN THE CONSUMER INTENTIONALLY AND UNAMBIGUOUSLY REQUESTS SUCH
DISCLOSURE.
23. "SENSITIVE DATA" MEANS PERSONAL DATA THAT REVEALS:
(A) RACIAL OR ETHNIC ORIGIN, RELIGIOUS BELIEFS, MENTAL OR PHYSICAL
HEALTH CONDITION OR DIAGNOSIS, SEX LIFE, SEXUAL ORIENTATION, OR CITIZEN-
SHIP OR IMMIGRATION STATUS;
(B) GENETIC INFORMATION OR BIOMETRIC INFORMATION FOR THE PURPOSE OF
UNIQUELY IDENTIFYING A NATURAL PERSON;
(C) PRECISE GEOLOCATION DATA; OR
(D) SOCIAL SECURITY, FINANCIAL ACCOUNT, PASSPORT OR DRIVER'S LICENSE
NUMBERS.
24. "TARGETED ADVERTISING" MEANS ADVERTISING BASED UPON PROFILING.
25. "THIRD PARTY" MEANS, WITH RESPECT TO A PARTICULAR INTERACTION OR
OCCURRENCE, A PERSON, PUBLIC AUTHORITY, AGENCY, OR BODY OTHER THAN THE
CONSUMER, THE CONTROLLER, OR PROCESSOR OF THE CONTROLLER. A THIRD PARTY
MAY ALSO BE A CONTROLLER IF THE THIRD PARTY, ALONE OR JOINTLY WITH
OTHERS, DETERMINES THE PURPOSES AND MEANS OF THE PROCESSING OF PERSONAL
DATA.
26. "VERIFIED REQUEST" MEANS A REQUEST BY A CONSUMER OR THEIR AGENT TO
EXERCISE A RIGHT AUTHORIZED BY THIS ARTICLE, THE AUTHENTICITY OF WHICH
HAS BEEN ASCERTAINED BY THE CONTROLLER IN ACCORDANCE WITH PARAGRAPH (C)
OF SUBDIVISION EIGHT OF SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE.
§ 1101. JURISDICTIONAL SCOPE. 1. THIS ARTICLE APPLIES TO LEGAL PERSONS
THAT CONDUCT BUSINESS IN NEW YORK OR PRODUCE PRODUCTS OR SERVICES THAT
ARE TARGETED TO RESIDENTS OF NEW YORK, AND THAT SATISFY ONE OR MORE OF
THE FOLLOWING THRESHOLDS:
(A) HAVE ANNUAL GROSS REVENUE OF TWENTY-FIVE MILLION DOLLARS OR MORE;
(B) CONTROLS OR PROCESSES PERSONAL DATA OF FIFTY THOUSAND CONSUMERS OR
MORE; OR
(C) DERIVES OVER FIFTY PERCENT OF GROSS REVENUE FROM THE SALE OF
PERSONAL DATA.
2. THIS ARTICLE DOES NOT APPLY TO:
(A) PERSONAL DATA PROCESSED BY STATE AND LOCAL GOVERNMENTS, AND MUNIC-
IPAL CORPORATIONS, FOR PROCESSES OTHER THAN SALE (FILING AND PROCESSING
FEES ARE NOT SALE);
(B) A NATIONAL SECURITIES ASSOCIATION REGISTERED PURSUANT TO SECTION
15A OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, OR REGULATIONS
ADOPTED THEREUNDER OR A REGISTERED FUTURES ASSOCIATION SO DESIGNATED
PURSUANT TO SECTION 17 OF THE COMMODITY EXCHANGE ACT, AS AMENDED, OR ANY
REGULATIONS ADOPTED THEREUNDER;
(C) ANY NONPROFIT ENTITY IDENTIFIED IN SECTION FOUR HUNDRED FIVE OF
THE FINANCIAL SERVICES LAW TO THE EXTENT SUCH ORGANIZATION COLLECTS,
PROCESSES, USES, OR SHARES DATA SOLELY IN RELATION TO IDENTIFYING,
INVESTIGATING, OR ASSISTING (I) LAW ENFORCEMENT AGENCIES IN CONNECTION
S. 8305--B 99
WITH SUSPECTED INSURANCE-RELATED CRIMINAL OR FRAUDULENT ACTS; OR (II)
FIRST RESPONDERS IN CONNECTION WITH CATASTROPHIC EVENTS;
(D) INFORMATION THAT MEETS THE FOLLOWING CRITERIA:
(I) PERSONAL DATA COLLECTED, PROCESSED, SOLD, OR DISCLOSED PURSUANT TO
AND IN COMPLIANCE WITH THE FEDERAL GRAMM-LEACH-BLILEY ACT (P.L.
106-102), AND IMPLEMENTING REGULATIONS;
(II) PERSONAL DATA COLLECTED, PROCESSED, SOLD, OR DISCLOSED PURSUANT
TO THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT OF 1994 (18 U.S.C. SEC.
2721 ET SEQ.), IF THE COLLECTION, PROCESSING, SALE, OR DISCLOSURE IS IN
COMPLIANCE WITH THAT LAW;
(III) PERSONAL DATA REGULATED BY THE FEDERAL FAMILY EDUCATIONAL RIGHTS
AND PRIVACY ACT, U.S.C. SEC. 1232G AND ITS IMPLEMENTING REGULATIONS;
(IV) PERSONAL DATA COLLECTED, PROCESSED, SOLD, OR DISCLOSED PURSUANT
TO THE FEDERAL FARM CREDIT ACT OF 1971 (AS AMENDED IN 12 U.S.C. SEC.
2001-2279CC) AND ITS IMPLEMENTING REGULATIONS (12 C.F.R. PART 600 ET
SEQ.) IF THE COLLECTION, PROCESSING, SALE, OR DISCLOSURE IS IN COMPLI-
ANCE WITH THAT LAW;
(V) PERSONAL DATA REGULATED BY SECTION TWO-D OF THE EDUCATION LAW;
(VI) DATA MAINTAINED AS EMPLOYMENT RECORDS, FOR PURPOSES OTHER THAN
SALE;
(VII) PROTECTED HEALTH INFORMATION THAT IS LAWFULLY COLLECTED BY A
COVERED ENTITY OR BUSINESS ASSOCIATE AND IS GOVERNED BY THE PRIVACY,
SECURITY, AND BREACH NOTIFICATION RULES ISSUED BY THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES, PARTS 160 AND 164 OF TITLE 45
OF THE CODE OF FEDERAL REGULATIONS, ESTABLISHED PURSUANT TO THE HEALTH
INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (PUBLIC LAW
104-191) ("HIPAA") AND THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC
AND CLINICAL HEALTH ACT (PUBLIC LAW 111-5);
(VIII) PATIENT IDENTIFYING INFORMATION FOR PURPOSES OF 42 C.F.R. PART
2, ESTABLISHED PURSUANT TO 42 U.S.C. SEC. 290DD-2, AS LONG AS SUCH DATA
IS NOT SOLD IN VIOLATION OF HIPAA OR ANY STATE OR FEDERAL LAW;
(IX) INFORMATION AND DOCUMENTS LAWFULLY CREATED FOR PURPOSES OF THE
FEDERAL HEALTH CARE QUALITY IMPROVEMENT ACT OF 1986, AND RELATED REGU-
LATIONS;
(X) PATIENT SAFETY WORK PRODUCT CREATED FOR PURPOSES OF 42 C.F.R. PART
3, ESTABLISHED PURSUANT TO 42 U.S.C. SEC. 299B-21 THROUGH 299B-26;
(XI) INFORMATION THAT IS TREATED IN THE SAME MANNER AS INFORMATION
EXEMPT UNDER SUBPARAGRAPH (VII) OF THIS PARAGRAPH THAT IS MAINTAINED BY
A COVERED ENTITY OR BUSINESS ASSOCIATE AS DEFINED BY HIPAA OR A PROGRAM
OR A QUALIFIED SERVICE ORGANIZATION AS DEFINED BY 42 U.S.C. § 290DD-2,
AS LONG AS SUCH DATA IS NOT SOLD IN VIOLATION OF HIPAA OR ANY STATE OR
FEDERAL LAW;
(XII) DEIDENTIFIED HEALTH INFORMATION THAT MEETS ALL OF THE FOLLOWING
CONDITIONS:
(A) IT IS DEIDENTIFIED IN ACCORDANCE WITH THE REQUIREMENTS FOR DEIDEN-
TIFICATION SET FORTH IN SECTION 164.514 OF PART 164 OF TITLE 45 OF THE
CODE OF FEDERAL REGULATIONS;
(B) IT IS DERIVED FROM PROTECTED HEALTH INFORMATION, INDIVIDUALLY
IDENTIFIABLE HEALTH INFORMATION, OR IDENTIFIABLE PRIVATE INFORMATION
COMPLIANT WITH THE FEDERAL POLICY FOR THE PROTECTION OF HUMAN SUBJECTS,
ALSO KNOWN AS THE COMMON RULE; AND
(C) A COVERED ENTITY OR BUSINESS ASSOCIATE DOES NOT ATTEMPT TO REIDEN-
TIFY THE INFORMATION NOR DO THEY ACTUALLY REIDENTIFY THE INFORMATION
EXCEPT AS OTHERWISE ALLOWED UNDER STATE OR FEDERAL LAW;
(XIII) INFORMATION MAINTAINED BY A COVERED ENTITY OR BUSINESS ASSOCI-
ATE GOVERNED BY THE PRIVACY, SECURITY, AND BREACH NOTIFICATION RULES
S. 8305--B 100
ISSUED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,
PARTS 160 AND 164 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS, ESTAB-
LISHED PURSUANT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT OF 1996 (PUBLIC LAW 104-191), TO THE EXTENT THE COVERED ENTITY OR
BUSINESS ASSOCIATE MAINTAINS THE INFORMATION IN THE SAME MANNER AS
PROTECTED HEALTH INFORMATION AS DESCRIBED IN SUBPARAGRAPH (VII) OF THIS
PARAGRAPH;
(XIV) DATA COLLECTED AS PART OF HUMAN SUBJECTS RESEARCH, INCLUDING A
CLINICAL TRIAL, CONDUCTED IN ACCORDANCE WITH THE FEDERAL POLICY FOR THE
PROTECTION OF HUMAN SUBJECTS, ALSO KNOWN AS THE COMMON RULE, PURSUANT TO
GOOD CLINICAL PRACTICE GUIDELINES ISSUED BY THE INTERNATIONAL COUNCIL
FOR HARMONISATION OR PURSUANT TO HUMAN SUBJECT PROTECTION REQUIREMENTS
OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION;
(XV) PERSONAL DATA PROCESSED ONLY FOR ONE OR MORE OF THE FOLLOWING
PURPOSES:
(A) PRODUCT REGISTRATION AND TRACKING CONSISTENT WITH APPLICABLE
UNITED STATES FOOD AND DRUG ADMINISTRATION REGULATIONS AND GUIDANCE;
(B) PUBLIC HEALTH ACTIVITIES AND PURPOSES AS DESCRIBED IN SECTION
164.512 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS; AND/OR
(C) ACTIVITIES RELATED TO QUALITY, SAFETY, OR EFFECTIVENESS REGULATED
BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION; OR
(XVI) PERSONAL DATA COLLECTED, PROCESSED, OR DISCLOSED PURSUANT TO AND
IN COMPLIANCE WITH ANY OPT-OUT PROGRAM AUTHORIZED BY THE PUBLIC SERVICE
COMMISSION OR ANY OTHER OPT-OUT COMMUNITY DISTRIBUTED GENERATION
PROGRAMS AUTHORIZED IN LAW; OR
(E) (I) AN ACTIVITY INVOLVING THE COLLECTION, MAINTENANCE, DISCLOSURE,
SALE, COMMUNICATION, OR USE OF ANY PERSONAL DATA BEARING ON A CONSUMER'S
CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARACTER, GENERAL
REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING BY A CONSUMER
REPORTING AGENCY, AS DEFINED IN TITLE 15 U.S.C. SEC. 1681A(F), BY A
FURNISHER OF INFORMATION, AS SET FORTH IN TITLE 15 U.S.C. SEC. 1681S-2,
WHO PROVIDES INFORMATION FOR USE IN A CONSUMER REPORT, AS DEFINED IN
TITLE 15 U.S.C. SEC. 1861A(D), AND BY A USER OF A CONSUMER REPORT, AS
SET FORTH IN TITLE 15 U.S.C. SEC. 1681B.; AND
(II) THIS PARAGRAPH SHALL APPLY ONLY TO THE EXTENT THAT SUCH ACTIVITY
INVOLVING THE COLLECTION, MAINTENANCE, DISCLOSURE, SALE, COMMUNICATION,
OR USE OF SUCH DATA BY THAT AGENCY, FURNISHER, OR USER IS SUBJECT TO
REGULATION UNDER THE FAIR CREDIT REPORTING ACT, TITLE 15 U.S.C. SEC.
1681 ET SEQ., AND THE DATA IS NOT COLLECTED, MAINTAINED, USED, COMMUNI-
CATED, DISCLOSED, OR SOLD EXCEPT AS AUTHORIZED BY THE FAIR CREDIT
REPORTING ACT.
§ 1102. CONSUMER RIGHTS. 1. RIGHT TO NOTICE. (A) NOTICE. EACH CONTROL-
LER THAT PROCESSES A CONSUMER'S PERSONAL DATA MUST MAKE PUBLICLY AND
CONSISTENTLY AVAILABLE, IN A CONSPICUOUS AND READILY ACCESSIBLE MANNER,
A NOTICE CONTAINING THE FOLLOWING:
(I) A DESCRIPTION OF THE CONSUMER'S RIGHTS UNDER SUBDIVISIONS TWO
THROUGH SEVEN OF THIS SECTION AND HOW A CONSUMER MAY EXERCISE THOSE
RIGHTS, INCLUDING HOW TO WITHDRAW CONSENT;
(II) THE CATEGORIES OF PERSONAL DATA PROCESSED BY THE CONTROLLER AND
BY ANY PROCESSOR WHO PROCESSES PERSONAL DATA ON BEHALF OF THE CONTROL-
LER;
(III) THE SOURCES FROM WHICH PERSONAL DATA IS COLLECTED;
(IV) THE PURPOSES FOR PROCESSING PERSONAL DATA;
(V) THE CATEGORIES OF THIRD PARTIES TO WHOM THE CONTROLLER DISCLOSED,
SHARED, TRANSFERRED OR SOLD PERSONAL DATA AND, FOR EACH CATEGORY OF
THIRD PARTY, (A) THE CATEGORIES OF PERSONAL DATA BEING SHARED,
S. 8305--B 101
DISCLOSED, TRANSFERRED, OR SOLD TO THE THIRD PARTY, (B) THE PURPOSES FOR
WHICH PERSONAL DATA IS BEING SHARED, DISCLOSED, TRANSFERRED, OR SOLD TO
THE THIRD PARTY, (C) ANY APPLICABLE RETENTION PERIODS FOR EACH CATEGORY
OF PERSONAL DATA PROCESSED BY THE THIRD PARTIES OR PROCESSED ON THEIR
BEHALF, OR IF THAT IS NOT POSSIBLE, THE CRITERIA USED TO DETERMINE THE
PERIOD, AND (D) WHETHER THE THIRD PARTIES MAY USE THE PERSONAL DATA FOR
TARGETED ADVERTISING; AND
(VI) THE CONTROLLER'S RETENTION PERIOD FOR EACH CATEGORY OF PERSONAL
DATA THAT THEY PROCESS OR IS PROCESSED ON THEIR BEHALF, OR IF THAT IS
NOT POSSIBLE, THE CRITERIA USED TO DETERMINE THAT PERIOD.
(B) NOTICE REQUIREMENTS.
(I) THE NOTICE MUST BE WRITTEN IN EASY-TO-UNDERSTAND LANGUAGE AND
FORMAT AT AN EIGHTH GRADE READING LEVEL OR BELOW AND IN AT LEAST TWELVE
POINT FONT.
(II) THE CATEGORIES OF PERSONAL DATA PROCESSED AND PURPOSES FOR WHICH
EACH CATEGORY OF PERSONAL DATA IS PROCESSED MUST BE DESCRIBED IN A CLEAR
AND CONSPICUOUS MANNER, AT A LEVEL SPECIFIC ENOUGH TO ENABLE A CONSUMER
TO EXERCISE MEANINGFUL CONTROL OVER THEIR PERSONAL DATA BUT NOT SO
SPECIFIC AS TO RENDER THE NOTICE UNHELPFUL TO A CONSUMER.
(III) THE NOTICE MUST BE DATED WITH ITS EFFECTIVE DATE AND UPDATED AT
LEAST ANNUALLY. WHEN THE INFORMATION REQUIRED TO BE DISCLOSED TO A
CONSUMER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION HAS NOT CHANGED
SINCE THE IMMEDIATELY PREVIOUS NOTICE (WHETHER INITIAL, ANNUAL, OR
REVISED) PROVIDED TO THE CONSUMER, A CONTROLLER MAY ISSUE A STATEMENT
THAT NO CHANGES HAVE BEEN MADE.
(IV) THE NOTICE, AS WELL AS EACH VERSION OF THE NOTICE IN EFFECT IN
THE PRECEDING SIX YEARS, MUST BE EASILY ACCESSIBLE TO CONSUMERS AND
CAPABLE OF BEING VIEWED BY CONSUMERS AT ANY TIME.
2. RIGHT TO OPT OUT. (A) A CONTROLLER MUST ALLOW CONSUMERS THE RIGHT
TO OPT OUT, AT ANY TIME, OF PROCESSING PERSONAL DATA CONCERNING THE
CONSUMER FOR THE PURPOSES OF:
(I) TARGETED ADVERTISING;
(II) THE SALE OF PERSONAL DATA; AND
(III) PROFILING IN FURTHERANCE OF DECISIONS THAT PRODUCE LEGAL OR
SIMILARLY SIGNIFICANT EFFECTS CONCERNING A CONSUMER.
(B) A CONTROLLER MUST PROVIDE CLEAR AND CONSPICUOUS MEANS FOR THE
CONSUMER OR THEIR AGENT TO OPT OUT OF PROCESSING AND CLEARLY PRESENT AS
THE MOST CONSPICUOUS CHOICE AN OPTION TO SIMULTANEOUSLY OPT OUT OF ALL
PROCESSING PURPOSES SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.
(C) A CONTROLLER MUST NOT PROCESS PERSONAL DATA FOR ANY PURPOSE FROM
WHICH THE CONSUMER HAS OPTED OUT.
(D) A CONTROLLER MUST NOT REQUEST THAT A CONSUMER WHO HAS OPTED OUT OF
CERTAIN PURPOSES OF PROCESSING PERSONAL DATA OPT BACK IN, UNLESS THOSE
PURPOSES SUBSEQUENTLY BECOME NECESSARY TO PROVIDE THE SERVICES OR GOODS
REQUESTED BY A CONSUMER. TARGETED ADVERTISING AND SALE OF PERSONAL DATA
SHALL NOT BE CONSIDERED PROCESSING PURPOSES THAT ARE NECESSARY TO
PROVIDE SERVICE OR GOODS REQUESTED BY A CONSUMER.
(E) CONTROLLERS MUST TREAT USER-ENABLED PRIVACY CONTROLS IN A BROWSER,
BROWSER PLUG-IN, SMARTPHONE APPLICATION, OPERATING SYSTEM, DEVICE
SETTING, OR OTHER MECHANISM THAT COMMUNICATES OR SIGNALS THE CONSUMER'S
CHOICE NOT TO OPT OUT OF THE PROCESSING OF PERSONAL DATA IN FURTHERANCE
OF TARGETED ADVERTISING, THE SALE OF THEIR PERSONAL DATA, OR PROFILING
IN FURTHERANCE OF DECISIONS THAT PRODUCE LEGAL OR SIMILARLY SIGNIFICANT
EFFECTS CONCERNING THE CONSUMER AS AN OPT OUT UNDER THIS ARTICLE. TO THE
EXTENT THAT THE PRIVACY CONTROL CONFLICTS WITH A CONSUMER'S CONSENT, THE
CONTROLLER SHALL COMPLY WITH THE PRIVACY CONTROL BUT MAY NOTIFY THE
S. 8305--B 102
CONSUMER OF SUCH CONFLICT AND PROVIDE TO SUCH CONSUMER THE CHOICE TO
GIVE CONTROLLER SPECIFIC CONSENT TO SUCH PROCESSING.
3. SENSITIVE DATA. (A) A CONTROLLER MUST OBTAIN FREELY GIVEN, SPECIF-
IC, INFORMED, AND UNAMBIGUOUS OPT-IN CONSENT FROM A CONSUMER TO:
(I) PROCESS THE CONSUMER'S SENSITIVE DATA RELATED TO THAT CONSUMER FOR
ANY PURPOSE OTHER THAN THOSE IN SUBDIVISION TWO OF SECTION ELEVEN
HUNDRED FIVE OF THIS ARTICLE; OR
(II) MAKE ANY CHANGES TO THE EXISTING PROCESSING OR PROCESSING
PURPOSE, INCLUDING THOSE REGARDING THE METHOD AND SCOPE OF COLLECTION,
OF THE CONSUMER'S SENSITIVE DATA THAT MAY BE LESS PROTECTIVE OF THE
CONSUMER'S SENSITIVE DATA THAN THE PROCESSING TO WHICH THE CONSUMER HAS
PREVIOUSLY GIVEN THEIR FREELY GIVEN, SPECIFIC, INFORMED, AND UNAMBIGUOUS
OPT-IN CONSENT.
(B) ANY REQUEST FOR CONSENT TO PROCESS SENSITIVE DATA MUST BE PROVIDED
TO THE CONSUMER, PRIOR TO PROCESSING THEIR SENSITIVE DATA, IN A STAND-
ALONE DISCLOSURE THAT IS SEPARATE AND APART FROM ANY CONTRACT OR PRIVACY
POLICY. THE REQUEST FOR CONSENT MUST:
(I) BE WRITTEN IN A TWELVE POINT FONT OR GREATER AND INCLUDE A CLEAR
AND CONSPICUOUS DESCRIPTION OF EACH CATEGORY OF DATA AND PROCESSING
PURPOSE FOR WHICH CONSENT IS SOUGHT;
(II) CLEARLY IDENTIFY AND DISTINGUISH BETWEEN CATEGORIES OF DATA AND
PROCESSING PURPOSES THAT ARE NECESSARY TO PROVIDE THE SERVICES OR GOODS
REQUESTED BY THE CONSUMER AND CATEGORIES OF DATA AND PROCESSING PURPOSES
THAT ARE NOT NECESSARY TO PROVIDE THE SERVICES OR GOODS REQUESTED BY THE
CONSUMER;
(III) ENABLE A REASONABLE CONSUMER TO EASILY IDENTIFY THE CATEGORIES
OF DATA AND PROCESSING PURPOSES FOR WHICH CONSENT IS SOUGHT;
(IV) CLEARLY PRESENT AS THE MOST CONSPICUOUS CHOICE AN OPTION TO
PROVIDE ONLY THE CONSENT NECESSARY TO PROVIDE THE SERVICES OR GOODS
REQUESTED BY THE CONSUMER;
(V) CLEARLY PRESENT AN OPTION TO DENY CONSENT; AND
(VI) WHERE THE REQUEST SEEKS CONSENT TO SHARING, DISCLOSURE, TRANSFER,
OR SALE OF SENSITIVE DATA TO THIRD PARTIES, IDENTIFY THE CATEGORIES OF
SUCH THIRD PARTIES, THE CATEGORIES OF DATA SOLD OR SHARED WITH THEM, THE
PROCESSING PURPOSES, THE RETENTION PERIOD, OR IF THAT IS NOT POSSIBLE,
THE CRITERIA USED TO DETERMINE THE PERIOD, AND STATE IF SUCH SHARING,
DISCLOSURE, TRANSFER, OR SALE ENABLES OR INVOLVES TARGETED ADVERTISING.
THE DETAILS OF THE CATEGORIES OF SUCH THIRD PARTIES, AND THE CATEGORIES
OF DATA, PROCESSING PURPOSES, AND THE RETENTION PERIOD, MAY BE SET FORTH
IN A DIFFERENT DISCLOSURE, PROVIDED THAT THE REQUEST FOR CONSENT
CONTAINS A CONSPICUOUS AND DIRECTLY ACCESSIBLE LINK TO THAT DISCLOSURE.
(C) TARGETED ADVERTISING AND SALE OF PERSONAL DATA SHALL NOT BE
CONSIDERED PROCESSING PURPOSES THAT ARE NECESSARY TO PROVIDE SERVICES OR
GOODS REQUESTED BY A CONSUMER.
(D) ONCE A CONSUMER HAS PROVIDED FREELY GIVEN, SPECIFIC, INFORMED, AND
UNAMBIGUOUS OPT-IN CONSENT TO PROCESS THEIR SENSITIVE DATA FOR A PROC-
ESSING PURPOSE, A CONTROLLER MAY RELY ON SUCH CONSENT UNTIL IT IS WITH-
DRAWN.
(E) A CONTROLLER MUST PROVIDE A MECHANISM FOR A CONSUMER TO WITHDRAW
PREVIOUSLY GIVEN CONSENT AT ANY TIME. SUCH MECHANISM SHALL MAKE IT AS
EASY FOR A CONSUMER TO WITHDRAW THEIR CONSENT AS IT IS FOR SUCH CONSUMER
TO PROVIDE CONSENT.
(F) A CONTROLLER MUST NOT INFER THAT A CONSUMER HAS PROVIDED FREELY
GIVEN, SPECIFIC, INFORMED, AND UNAMBIGUOUS OPT-IN CONSENT FROM THE
CONSUMER'S INACTION OR THE CONSUMER'S CONTINUED USE OF A SERVICE OR
PRODUCT PROVIDED BY THE CONTROLLER.
S. 8305--B 103
(G) CONTROLLERS MUST NOT REQUEST CONSENT FROM A CONSUMER WHO HAS
PREVIOUSLY WITHHELD OR DENIED CONSENT TO PROCESS SENSITIVE DATA, UNTIL
AT LEAST TWELVE MONTHS AFTER A DENIAL, UNLESS CONSENT IS NECESSARY TO
PROVIDE THE SERVICES OR GOODS REQUESTED BY THE CONSUMER.
(H) CONTROLLERS MUST TREAT USER-ENABLED PRIVACY CONTROLLERS IN A BROW-
SER, BROWSER PLUG-IN, SMARTPHONE APPLICATION, OPERATING SYSTEM, DEVICE
SETTING, OR OTHER MECHANISM THAT COMMUNICATES OR SIGNALS THE CONSUMER'S
CHOICES TO OPT OUT OF THE PROCESSING OF PERSONAL DATA IN FURTHERANCE OF
TARGETED ADVERTISING, THE SALE OF THEIR PERSONAL DATA, OR PROFILING IN
FURTHERANCE OF DECISIONS THAT PRODUCE LEGAL OR SIMILARLY SIGNIFICANT
EFFECTS CONCERNING THE CONSUMER AS A DENIAL OF CONSENT TO PROCESS SENSI-
TIVE DATA UNDER THIS ARTICLE. TO THE EXTENT THAT THE PRIVACY CONTROL
CONFLICTS WITH A CONSUMER'S CONSENT, THE PRIVACY CONTROL SETTINGS
GOVERN, UNLESS THE CONSUMER PROVIDES FREELY GIVEN, SPECIFIC, INFORMED,
AND UNAMBIGUOUS OPT-IN CONSENT TO OVERRIDE THE PRIVACY CONTROL, HOWEVER,
THE CONTROLLER MAY NOTIFY SUCH CONSUMER OF SUCH CONFLICT AND PROVIDE TO
THE CONSUMER THE CHOICE TO GIVE CONTROLLER-SPECIFIC CONSENT TO SUCH
PROCESSING.
(I) (I) A CONTROLLER MUST NOT DISCRIMINATE AGAINST A CONSUMER FOR
WITHHOLDING OR DENYING CONSENT, INCLUDING, BUT NOT LIMITED TO, BY:
(A) DENYING SERVICES OR GOODS TO THE CONSUMER, UNLESS THE CONSUMER
DOES NOT CONSENT TO PROCESSING NECESSARY TO PROVIDE THE SERVICES OR
GOODS REQUESTED BY THE CONSUMER;
(B) CHARGING DIFFERENT PRICES FOR GOODS OR SERVICES, INCLUDING THROUGH
THE USE OF DISCOUNTS OR OTHER BENEFITS, IMPOSING PENALTIES, OR PROVIDING
A DIFFERENT LEVEL OR QUALITY OF SERVICES OR GOODS TO THE CONSUMER; OR
(C) SUGGESTING THAT THE CONSUMER WILL RECEIVE A DIFFERENT PRICE OR
RATE FOR GOODS OR SERVICES OR A DIFFERENT LEVEL OR QUALITY OF SERVICES
OR GOODS.
(II) A CONTROLLER SHALL NOT BE PROHIBITED FROM OFFERING A DIFFERENT
PRICE, RATE, LEVEL, QUALITY, OR SELECTION OF GOODS OR SERVICES TO A
CONSUMER, INCLUDING OFFERING GOODS OR SERVICES FOR NO FEE, IF THE OFFER-
ING IS IN CONNECTION WITH A CONSUMER'S VOLUNTARY PARTICIPATION IN BONA
FIDE LOYALTY, REWARDS, PREMIUM FEATURES, DISCOUNTS, OR CLUB CARD
PROGRAM. IF A CONSUMER EXERCISES THEIR RIGHT PURSUANT TO PARAGRAPH (A)
OF SUBDIVISION TWO OF THIS SECTION, A CONTROLLER MAY NOT SELL PERSONAL
DATA TO A THIRD PARTY CONTROLLER AS PART OF SUCH A PROGRAM UNLESS: (A)
THE SALE IS REASONABLY NECESSARY TO ENABLE THE THIRD PARTY TO PROVIDE A
BENEFIT TO WHICH THE CONSUMER IS ENTITLED; (B) THE SALE OF PERSONAL DATA
TO THIRD PARTIES IS CLEARLY DISCLOSED IN THE TERMS OF THE PROGRAM; AND
(C) THE THIRD PARTY USES THE PERSONAL DATA ONLY FOR PURPOSES OF FACILI-
TATING SUCH A BENEFIT TO WHICH THE CONSUMER IS ENTITLED AND DOES NOT
RETAIN OR OTHERWISE USE OR DISCLOSE THE PERSONAL DATA FOR ANY OTHER
PURPOSE.
(J) A CONTROLLER MAY, WITH THE CONSUMER'S FREELY GIVEN, SPECIFIC,
INFORMED, AND UNAMBIGUOUS OPT-IN CONSENT GIVEN PURSUANT TO THIS SECTION,
OPERATE A PROGRAM IN WHICH INFORMATION, PRODUCTS, OR SERVICES SOLD TO
THE CONSUMER ARE DISCOUNTED BASED SOLELY ON SUCH CONSUMER'S PRIOR
PURCHASES FROM THE CONTROLLER, PROVIDED THAT ANY SENSITIVE DATA USED TO
OPERATE SUCH PROGRAM IS PROCESSED SOLELY FOR THE PURPOSE OF OPERATING
SUCH PROGRAM.
(K) IN THE EVENT OF A MERGER, ACQUISITION, BANKRUPTCY, OR OTHER TRANS-
ACTION IN WHICH ANOTHER ENTITY ASSUMES CONTROL OR OWNERSHIP OF ALL OR
MAJORITY OF THE CONTROLLER'S ASSETS, ANY CONSENT PROVIDED TO THE
CONTROLLER BY A CONSUMER RELATING TO SENSITIVE DATA PRIOR TO SUCH TRANS-
S. 8305--B 104
ACTION OTHER THAN CONSENT TO PROCESSING NECESSARY TO PROVIDE SERVICES OR
GOODS REQUESTED BY THE CONSUMER, SHALL BE DEEMED WITHDRAWN.
4. RIGHT TO ACCESS. UPON THE VERIFIED REQUEST OF A CONSUMER, A
CONTROLLER SHALL:
(A) CONFIRM WHETHER OR NOT THE CONTROLLER IS PROCESSING OR HAS PROC-
ESSED PERSONAL DATA OF THAT CONSUMER, AND PROVIDE ACCESS TO A COPY OF
ANY SUCH PERSONAL DATA IN A MANNER UNDERSTANDABLE TO A REASONABLE
CONSUMER WHEN REQUESTED; AND
(B) PROVIDE THE CATEGORY OF EACH PROCESSOR OR THIRD PARTY TO WHOM THE
CONTROLLER DISCLOSED, TRANSFERRED, OR SOLD THE CONSUMER'S PERSONAL DATA
AND, FOR EACH CATEGORY OF PROCESSOR OR THIRD PARTY, (I) THE CATEGORIES
OF THE CONSUMER'S PERSONAL DATA DISCLOSED, TRANSFERRED, OR SOLD TO EACH
PROCESSOR OR THIRD PARTY AND (II) THE PURPOSES FOR WHICH EACH CATEGORY
OF THE CONSUMER'S PERSONAL DATA WAS DISCLOSED, TRANSFERRED, OR SOLD TO
EACH PROCESSOR OR THIRD PARTY.
5. RIGHT TO PORTABLE DATA. UPON A VERIFIED REQUEST, AND TO THE EXTENT
TECHNICALLY FEASIBLE, THE CONTROLLER MUST: (A) PROVIDE TO THE CONSUMER A
COPY OF ALL OF, OR A PORTION OF, AS DESIGNATED IN A VERIFIED REQUEST,
THE CONSUMER'S PERSONAL DATA IN A STRUCTURED, COMMONLY USED AND
MACHINE-READABLE FORMAT AND (B) TRANSMIT THE DATA TO ANOTHER PERSON OF
THE CONSUMER'S OR THEIR AGENT'S DESIGNATION WITHOUT HINDRANCE.
6. RIGHT TO CORRECT. (A) UPON THE VERIFIED REQUEST OF A CONSUMER OR
THEIR AGENT, A CONTROLLER MUST CONDUCT A REASONABLE INVESTIGATION TO
DETERMINE WHETHER PERSONAL DATA, THE ACCURACY OF WHICH IS DISPUTED BY
THE CONSUMER, IS INACCURATE, WITH SUCH INVESTIGATION TO BE CONCLUDED
WITHIN THE TIME PERIOD SET FORTH IN PARAGRAPH (A) OF SUBDIVISION EIGHT
OF THIS SECTION.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A CONTROLLER
MAY TERMINATE AN INVESTIGATION INITIATED PURSUANT TO SUCH PARAGRAPH IF
THE CONTROLLER REASONABLY AND IN GOOD FAITH DETERMINES THAT THE DISPUTE
BY THE CONSUMER IS WHOLLY WITHOUT MERIT, INCLUDING BY REASON OF A FAIL-
URE BY A CONSUMER TO PROVIDE SUFFICIENT INFORMATION TO INVESTIGATE THE
DISPUTED PERSONAL DATA. UPON MAKING ANY DETERMINATION IN ACCORDANCE WITH
THIS PARAGRAPH THAT A DISPUTE IS WHOLLY WITHOUT MERIT, A CONTROLLER
MUST, WITHIN THE TIME PERIOD SET FORTH IN PARAGRAPH (A) OF SUBDIVISION
EIGHT OF THIS SECTION, PROVIDE THE AFFECTED CONSUMER A STATEMENT IN
WRITING THAT INCLUDES, AT A MINIMUM, THE SPECIFIC REASONS FOR THE DETER-
MINATION, AND IDENTIFICATION OF ANY INFORMATION REQUIRED TO INVESTIGATE
THE DISPUTED PERSONAL DATA, WHICH MAY CONSIST OF A STANDARDIZED FORM
DESCRIBING THE GENERAL NATURE OF SUCH INFORMATION.
(C) IF, AFTER ANY INVESTIGATION UNDER PARAGRAPH (A) OF THIS SUBDIVI-
SION OF ANY PERSONAL DATA DISPUTED BY A CONSUMER, AN ITEM OF THE
PERSONAL DATA IS FOUND TO BE INACCURATE OR INCOMPLETE, OR CANNOT BE
VERIFIED, THE CONTROLLER MUST:
(I) CORRECT THE INACCURATE OR INCOMPLETE PERSONAL DATA OF THE CONSUM-
ER; AND
(II) UNLESS IT PROVES IMPOSSIBLE OR INVOLVES DISPROPORTIONATE EFFORT,
COMMUNICATE SUCH REQUEST TO EACH PROCESSOR OR THIRD PARTY TO WHOM THE
CONTROLLER DISCLOSED, TRANSFERRED, OR SOLD THE PERSONAL DATA WITHIN ONE
YEAR PRECEDING THE CONSUMER'S REQUEST, AND TO REQUIRE THOSE PROCESSORS
OR THIRD PARTIES TO DO THE SAME FOR ANY FURTHER PROCESSORS OR THIRD
PARTIES THEY DISCLOSED, TRANSFERRED, OR SOLD THE PERSONAL DATA TO.
(D) IF THE INVESTIGATION DOES NOT RESOLVE THE DISPUTE, THE CONSUMER
MAY FILE WITH THE CONTROLLER A BRIEF STATEMENT SETTING FORTH THE NATURE
OF THE DISPUTE. WHENEVER A STATEMENT OF A DISPUTE IS FILED, UNLESS THERE
EXISTS REASONABLE GROUNDS TO BELIEVE THAT IT IS WHOLLY WITHOUT MERIT,
S. 8305--B 105
THE CONTROLLER MUST NOTE THAT IT IS DISPUTED BY THE CONSUMER AND INCLUDE
EITHER THE CONSUMER'S STATEMENT OR A CLEAR AND ACCURATE CODIFICATION OR
SUMMARY THEREOF WITH THE DISPUTED PERSONAL DATA WHENEVER IT IS
DISCLOSED, TRANSFERRED, OR SOLD TO ANY PROCESSOR OR THIRD PARTY.
7. RIGHT TO DELETE. (A) UPON THE VERIFIED REQUEST OF A CONSUMER, A
CONTROLLER MUST:
(I) WITHIN FORTY-FIVE DAYS AFTER RECEIVING THE VERIFIED REQUEST,
DELETE ANY OR ALL OF THE CONSUMER'S PERSONAL DATA, AS DIRECTED BY THE
CONSUMER OR THEIR AGENT, THAT THE CONTROLLER POSSESSES OR CONTROLS; AND
(II) UNLESS IT PROVES IMPOSSIBLE OR INVOLVES DISPROPORTIONATE EFFORT
THAT IS DOCUMENTED IN WRITING BY THE CONTROLLER, COMMUNICATE SUCH
REQUEST TO EACH PROCESSOR OR THIRD PARTY TO WHOM THE CONTROLLER
DISCLOSED, TRANSFERRED OR SOLD THE PERSONAL DATA WITHIN ONE YEAR PRECED-
ING THE CONSUMER'S REQUEST AND TO REQUIRE THOSE PROCESSORS OR THIRD
PARTIES TO DO THE SAME FOR ANY FURTHER PROCESSORS OR THIRD PARTIES THEY
DISCLOSED, TRANSFERRED, OR SOLD THE PERSONAL DATA TO.
(B) FOR PERSONAL DATA THAT IS NOT POSSESSED BY THE CONTROLLER BUT BY A
PROCESSOR OF THE CONTROLLER, THE CONTROLLER MAY CHOOSE TO (I) COMMUNI-
CATE THE CONSUMER'S REQUEST FOR DELETION TO THE PROCESSOR, OR (II)
REQUEST THAT THE PROCESSOR RETURN TO THE CONTROLLER THE PERSONAL DATA
THAT IS THE SUBJECT OF THE CONSUMER'S REQUEST AND DELETE SUCH PERSONAL
DATA UPON RECEIPT OF THE REQUEST.
(C) A CONSUMER'S DELETION OF THEIR ONLINE ACCOUNT MUST BE TREATED AS A
REQUEST TO THE CONTROLLER TO DELETE ALL OF THAT CONSUMER'S PERSONAL DATA
DIRECTLY RELATED TO THAT ACCOUNT.
(D) A CONTROLLER MUST MAINTAIN REASONABLE PROCEDURES DESIGNED TO
PREVENT THE REAPPEARANCE IN ITS SYSTEMS, AND IN ANY DATA IT DISCLOSES,
TRANSFERS, OR SELLS TO ANY PROCESSOR OR THIRD PARTY, THE PERSONAL DATA
THAT IS DELETED PURSUANT TO THIS SUBDIVISION.
(E) A CONTROLLER IS NOT REQUIRED TO COMPLY WITH A CONSUMER'S REQUEST
TO DELETE PERSONAL DATA IF:
(I) COMPLYING WITH THE REQUEST WOULD PREVENT THE CONTROLLER FROM
PERFORMING ACCOUNTING FUNCTIONS, PROCESSING REFUNDS, EFFECTUATING A
PRODUCT RECALL PURSUANT TO FEDERAL OR STATE LAW, OR FULFILLING WARRANTY
CLAIMS, PROVIDED THAT THE PERSONAL DATA THAT IS THE SUBJECT OF THE
REQUEST IS NOT PROCESSED FOR ANY PURPOSE OTHER THAN SUCH SPECIFIC ACTIV-
ITIES; OR
(II) IT IS NECESSARY FOR THE CONTROLLER TO MAINTAIN THE CONSUMER'S
PERSONAL DATA TO ENGAGE IN PUBLIC OR PEER-REVIEWED SCIENTIFIC, HISTOR-
ICAL, OR STATISTICAL RESEARCH IN THE PUBLIC INTEREST THAT ADHERES TO ALL
OTHER APPLICABLE ETHICS AND PRIVACY LAWS, WHEN THE CONTROLLER'S DELETION
OF THE INFORMATION IS LIKELY TO RENDER IMPOSSIBLE OR SERIOUSLY IMPAIR
THE ACHIEVEMENT OF SUCH RESEARCH, PROVIDED THAT THE CONSUMER HAS GIVEN
INFORMED CONSENT AND THE PERSONAL DATA IS NOT PROCESSED FOR ANY PURPOSE
OTHER THAN SUCH RESEARCH.
(F) WHERE A CONSUMER'S REQUEST FOR DELETION IS DENIED, THE CONTROLLER
SHALL PROVIDE THE CONSUMER WITH A WRITTEN JUSTIFICATION FOR SUCH DENIAL.
8. RESPONDING TO REQUESTS. (A) A CONTROLLER MUST TAKE ACTION UNDER
SUBDIVISIONS FOUR THROUGH SEVEN OF THIS SECTION AND INFORM THE CONSUMER
OF ANY ACTIONS TAKEN WITHOUT UNDUE DELAY AND IN ANY EVENT WITHIN FORTY-
FIVE DAYS OF RECEIPT OF THE REQUEST. THAT PERIOD MAY BE EXTENDED ONCE BY
FORTY-FIVE ADDITIONAL DAYS WHERE REASONABLY NECESSARY, TAKING INTO
ACCOUNT THE COMPLEXITY AND NUMBER OF THE REQUESTS. THE CONTROLLER MUST
INFORM THE CONSUMER OF ANY SUCH EXTENSION WITHIN FORTY-FIVE DAYS OF
RECEIPT OF THE REQUEST, TOGETHER WITH THE REASONS FOR THE DELAY. WHEN A
CONTROLLER DENIES ANY SUCH REQUEST, IT MUST WITHIN THIS PERIOD DISCLOSE
S. 8305--B 106
TO THE CONSUMER A STATEMENT IN WRITING OF THE SPECIFIC REASONS FOR THE
DENIAL AND INSTRUCTIONS FOR HOW TO APPEAL THE DECISION.
(B) A CONTROLLER SHALL PERMIT THE EXERCISE OF RIGHTS AND CARRY OUT ITS
OBLIGATIONS SET FORTH IN SUBDIVISIONS FOUR THROUGH SEVEN OF THIS SECTION
FREE OF CHARGE, AT LEAST TWICE ANNUALLY TO THE CONSUMER. WHERE REQUESTS
FROM A CONSUMER ARE MANIFESTLY UNFOUNDED OR EXCESSIVE, IN PARTICULAR
BECAUSE OF THEIR REPETITIVE CHARACTER, THE CONTROLLER MAY EITHER (I)
CHARGE A REASONABLE FEE TO COVER THE ADMINISTRATIVE COSTS OF COMPLYING
WITH THE REQUEST OR (II) REFUSE TO ACT ON THE REQUEST AND NOTIFY THE
CONSUMER OF THE REASON FOR REFUSING THE REQUEST. THE CONTROLLER BEARS
THE BURDEN OF DEMONSTRATING THE MANIFESTLY UNFOUNDED OR EXCESSIVE CHAR-
ACTER OF THE REQUEST.
(C) (I) A CONTROLLER SHALL PROMPTLY ATTEMPT, USING COMMERCIALLY
REASONABLE EFFORTS, TO VERIFY THAT ALL REQUESTS TO EXERCISE ANY RIGHTS
SET FORTH IN ANY SECTION OF THIS ARTICLE REQUIRING A VERIFIED REQUEST
WERE MADE BY THE CONSUMER WHO IS THE SUBJECT OF THE DATA, OR BY A PERSON
LAWFULLY EXERCISING THE RIGHT ON BEHALF OF THE CONSUMER WHO IS THE
SUBJECT OF THE DATA. COMMERCIALLY REASONABLE EFFORTS SHALL BE DETERMINED
BASED ON THE TOTALITY OF THE CIRCUMSTANCES, INCLUDING THE NATURE OF THE
DATA IMPLICATED BY THE REQUEST.
(II) A CONTROLLER MAY REQUIRE THE CONSUMER TO PROVIDE ADDITIONAL
INFORMATION ONLY IF THE REQUEST CANNOT REASONABLY BE VERIFIED WITHOUT
THE PROVISION OF SUCH ADDITIONAL INFORMATION. A CONTROLLER MUST NOT
TRANSFER OR PROCESS ANY SUCH ADDITIONAL INFORMATION PROVIDED PURSUANT TO
THIS SECTION FOR ANY OTHER PURPOSE AND MUST DELETE ANY SUCH ADDITIONAL
INFORMATION WITHOUT UNDUE DELAY AND IN ANY EVENT WITHIN FORTY-FIVE DAYS
AFTER THE CONTROLLER HAS NOTIFIED THE CONSUMER THAT IT HAS TAKEN ACTION
ON A REQUEST UNDER SUBDIVISIONS FOUR THROUGH SEVEN OF THIS SECTION AS
DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
(III) IF A CONTROLLER DISCLOSES THIS ADDITIONAL INFORMATION TO ANY
PROCESSOR OR THIRD PARTY FOR THE PURPOSE OF VERIFYING A CONSUMER
REQUEST, IT MUST NOTIFY THE RECEIVING PROCESSOR OR THIRD PARTY AT THE
TIME OF SUCH DISCLOSURE, OR AS CLOSE IN TIME TO THE DISCLOSURE AS IS
REASONABLY PRACTICABLE, THAT SUCH INFORMATION WAS PROVIDED BY THE
CONSUMER FOR THE SOLE PURPOSE OF VERIFICATION AND CANNOT BE PROCESSED
FOR ANY PURPOSE OTHER THAN VERIFICATION.
9. IMPLEMENTATION OF RIGHTS. CONTROLLERS MUST PROVIDE EASILY ACCESSI-
BLE AND CONVENIENT MEANS FOR CONSUMERS TO EXERCISE THEIR RIGHTS UNDER
THIS ARTICLE.
10. NON-WAIVER OF RIGHTS. ANY PROVISION OF A CONTRACT OR AGREEMENT OF
ANY KIND THAT PURPORTS TO WAIVE OR LIMIT IN ANY WAY A CONSUMER'S RIGHTS
UNDER THIS ARTICLE IS CONTRARY TO PUBLIC POLICY AND IS VOID AND UNEN-
FORCEABLE.
§ 1103. CONTROLLER, PROCESSOR, AND THIRD PARTY RESPONSIBILITIES. 1.
CONTROLLER RESPONSIBILITIES. (A) DATA PROTECTION ASSESSMENTS. (I) A
CONTROLLER SHALL REGULARLY CONDUCT AND DOCUMENT A DATA PROTECTION
ASSESSMENT FOR EACH OF THE CONTROLLER'S PROCESSING ACTIVITIES THAT
PRESENTS A HEIGHTENED RISK OF HARM TO A CONSUMER. FOR THE PURPOSES OF
THIS SECTION, PROCESSING THAT PRESENTS A HEIGHTENED RISK OF HARM TO A
CONSUMER INCLUDES: (A) THE PROCESSING OF PERSONAL DATA FOR THE PURPOSES
OF TARGETING ADVERTISING, (B) THE SALE OF PERSONAL DATA, (C) THE PROC-
ESSING OF PERSONAL DATA FOR THE PURPOSES OF PROFILING, WHERE SUCH
PROFILING PRESENTS A REASONABLY FORESEEABLE RISK OF (I) UNFAIR OR DECEP-
TIVE TREATMENT OF, OR UNLAWFUL DISPARATE IMPACT ON CONSUMERS, (II)
FINANCIAL, PHYSICAL OR REPUTATIONAL INJURY TO CONSUMERS, (III) A PHYS-
ICAL OR OTHER INTRUSION UPON THE SOLITUDE OR SECLUSION, OR THE PRIVATE
S. 8305--B 107
AFFAIRS OR CONCERNS OF CONSUMERS WHERE SUCH INTRUSION WOULD BE OFFENSIVE
TO A REASONABLE PERSON, OR (IV) OTHER SUBSTANTIAL INJURY TO CONSUMERS;
AND (D) THE PROCESSING OF SENSITIVE DATA.
(II) DATA PROTECTION ASSESSMENTS CONDUCTED PURSUANT TO SUBPARAGRAPH
(I) OF THIS PARAGRAPH SHALL IDENTIFY AND WEIGH THE BENEFITS THAT MAY
FLOW, DIRECTLY AND INDIRECTLY, FROM THE PROCESSING TO THE CONTROLLER,
THE CONSUMER, OTHER STAKEHOLDERS AND THE PUBLIC AGAINST THE POTENTIAL
RISKS TO THE RIGHTS OF THE CONSUMER ASSOCIATED WITH SUCH PROCESSING, AS
MITIGATED BY SAFEGUARDS THAT CAN BE EMPLOYED BY THE CONTROLLER TO REDUCE
SUCH RISKS. THE CONTROLLER SHALL FACTOR INTO ANY SUCH DATA PROTECTION
ASSESSMENT THAT USE OF DEIDENTIFIED DATA AND THE REASONABLE EXPECTATIONS
OF CONSUMERS, AS WELL AS THE CONTEXT OF THE PROCESSING AND THE RELATION-
SHIP BETWEEN THE CONTROLLER AND THE CONSUMER WHOSE PERSONAL DATA WILL BE
PROCESSED.
(III) THE ATTORNEY GENERAL MAY REQUIRE THAT A CONTROLLER DISCLOSE ANY
DATA PROTECTION ASSESSMENT THAT IS RELEVANT TO AN INVESTIGATION
CONDUCTED BY THE ATTORNEY GENERAL, AND THE CONTROLLER SHALL MAKE THE
DATA PROTECTION ASSESSMENT AVAILABLE TO THE ATTORNEY GENERAL. THE ATTOR-
NEY GENERAL MAY EVALUATE THE DATA PROTECTION ASSESSMENT TO ASSESS
COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. DATA PROTECTION ASSESS-
MENTS SHALL BE CONFIDENTIAL AND SHALL BE EXEMPT FROM DISCLOSURE UNDER
THE FREEDOM OF INFORMATION LAW. TO THE EXTENT ANY INFORMATION CONTAINED
IN A DATA PROTECTION ASSESSMENT DISCLOSURE TO THE ATTORNEY GENERAL
INCLUDES INFORMATION SUBJECT TO ATTORNEY-CLIENT PRIVILEGE OR WORK PROD-
UCT PROTECTION, SUCH DISCLOSURE SHALL NOT CONSTITUTE A WAIVER OF SUCH
PRIVILEGE OR PROTECTION.
(IV) A SINGLE DATA PROTECTION ASSESSMENT MAY ADDRESS A COMPARABLE SET
OF PROCESSING OPERATIONS THAT INCLUDE SIMILAR ACTIVITIES.
(V) IF A CONTROLLER CONDUCTS A DATA PROTECTION ASSESSMENT FOR THE
PURPOSE OF COMPLYING WITH ANOTHER APPLICABLE LAW OR REGULATION, THE DATA
PROTECTION ASSESSMENT SHALL BE DEEMED TO SATISFY THE REQUIREMENTS ESTAB-
LISHED IN THIS SECTION IF SUCH DATA PROTECTION ASSESSMENT IS REASONABLY
SIMILAR IN SCOPE AND EFFECT TO THE DATA PROTECTION ASSESSMENT THAT WOULD
OTHERWISE BE CONDUCTED PURSUANT TO THIS SECTION.
(VI) DATA PROTECTION ASSESSMENT REQUIREMENTS SHALL APPLY TO PROCESSING
ACTIVITIES CREATED OR GENERATED AFTER THE EFFECTIVE DATE OF THIS ARTI-
CLE.
(B) CONTROLLERS MUST NOT ENGAGE IN UNFAIR, DECEPTIVE, OR ABUSIVE ACTS
OR PRACTICES WITH RESPECT TO OBTAINING CONSUMER CONSENT, THE PROCESSING
OF PERSONAL DATA, AND A CONSUMER'S EXERCISE OF ANY RIGHTS UNDER THIS
ARTICLE, INCLUDING WITHOUT LIMITATION:
(I) DESIGNING A USER INTERFACE WITH THE PURPOSE OR SUBSTANTIAL EFFECT
OF DECEIVING CONSUMERS, OBSCURING CONSUMERS' RIGHTS UNDER THIS ARTICLE,
OR SUBVERTING OR IMPAIRING USER AUTONOMY, DECISION-MAKING, OR CHOICE; OR
(II) OBTAINING CONSENT IN A MANNER DESIGNED TO OVERPOWER A CONSUMER'S
RESISTANCE; FOR EXAMPLE, BY MAKING EXCESSIVE REQUESTS FOR CONSENT.
(C) CONTROLLERS MUST DEVELOP, IMPLEMENT, AND MAINTAIN REASONABLE SAFE-
GUARDS TO PROTECT THE SECURITY, CONFIDENTIALITY AND INTEGRITY OF THE
PERSONAL DATA OF CONSUMERS INCLUDING ADOPTING REASONABLE ADMINISTRATIVE,
TECHNICAL AND PHYSICAL SAFEGUARDS APPROPRIATE TO THE VOLUME AND NATURE
OF THE PERSONAL DATA AT ISSUE.
(D) (I) A CONTROLLER SHALL LIMIT THE USE AND RETENTION OF A CONSUMER'S
PERSONAL DATA TO WHAT IS (A) NECESSARY TO PROVIDE THE SERVICES OR GOODS
REQUESTED BY THE CONSUMER, (B) NECESSARY FOR THE INTERNAL BUSINESS OPER-
ATIONS OF THE CONTROLLER AND CONSISTENT WITH THE DISCLOSURES MADE TO THE
S. 8305--B 108
CONSUMER PURSUANT TO SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE, OR (C)
NECESSARY TO COMPLY WITH THE LEGAL OBLIGATIONS OF THE CONTROLLER.
(II) AT LEAST ANNUALLY, A CONTROLLER SHALL REVIEW ITS RETENTION PRAC-
TICES FOR THE PURPOSE OF ENSURING THAT IT IS MAINTAINING THE MINIMUM
AMOUNT OF PERSONAL DATA AS IS NECESSARY FOR THE OPERATION OF ITS BUSI-
NESS. A CONTROLLER MUST SECURELY DISPOSE OF ALL PERSONAL DATA THAT IS NO
LONGER (A) NECESSARY TO PROVIDE THE SERVICES OR GOODS REQUESTED BY THE
CONSUMER, (B) NECESSARY FOR THE INTERNAL BUSINESS OPERATIONS OF THE
CONTROLLER AND CONSISTENT WITH THE DISCLOSURES MADE TO THE CONSUMER
PURSUANT TO SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE, OR (C) NECESSARY
TO COMPLY WITH THE LEGAL OBLIGATIONS OF THE CONTROLLER.
(E) NON-DISCRIMINATION. (I) (A) A CONTROLLER MUST NOT DISCRIMINATE
AGAINST A CONSUMER FOR EXERCISING RIGHTS UNDER THIS ARTICLE, INCLUDING
BUT NOT LIMITED TO, BY:
(I) DENYING SERVICES OR GOODS TO CONSUMERS;
(II) CHARGING DIFFERENT PRICES FOR SERVICES OR GOODS, INCLUDING
THROUGH THE USE OF DISCOUNTS OR OTHER BENEFITS; IMPOSING PENALTIES; OR
PROVIDING A DIFFERENT LEVEL OR QUALITY OF SERVICES OR GOODS TO THE
CONSUMER; OR
(III) SUGGESTING THAT THE CONSUMER WILL RECEIVE A DIFFERENT PRICE OR
RATE FOR SERVICES OR GOODS OR A DIFFERENT LEVEL OR QUALITY OF SERVICES
OR GOODS.
(B) A CONTROLLER SHALL NOT BE PROHIBITED FROM OFFERING A DIFFERENT
PRICE, RATE, LEVEL, QUALITY, OR SELECTION OF GOODS OR SERVICES TO A
CONSUMER, INCLUDING OFFERING GOODS OR SERVICES FOR NO FEE, IF THE OFFER-
ING IS IN CONNECTION WITH A CONSUMER'S VOLUNTARY PARTICIPATION IN BONA
FIDE LOYALTY, REWARDS, PREMIUM FEATURES, DISCOUNTS, OR CLUB CARD
PROGRAM. IF A CONSUMER EXERCISES THEIR RIGHT PURSUANT TO PARAGRAPH (A)
OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE, A
CONTROLLER MAY NOT SELL PERSONAL DATA TO A THIRD PARTY CONTROLLER AS
PART OF SUCH A PROGRAM UNLESS: (I) THE SALE IS REASONABLY NECESSARY TO
ENABLE THE THIRD PARTY TO PROVIDE A BENEFIT TO WHICH THE CONSUMER IS
ENTITLED; (II) THE SALE OF PERSONAL DATA TO THIRD PARTIES IS CLEARLY
DISCLOSED IN THE TERMS OF THE PROGRAM; AND (III) THE THIRD PARTY USES
THE PERSONAL DATA ONLY FOR PURPOSES OF FACILITATING SUCH A BENEFIT TO
WHICH THE CONSUMER IS ENTITLED AND DOES NOT RETAIN OR OTHERWISE USE OR
DISCLOSE THE PERSONAL DATA FOR ANY OTHER PURPOSE.
(II) THIS PARAGRAPH DOES NOT APPLY TO A CONTROLLER'S CONDUCT WITH
RESPECT TO OPT-IN CONSENT, IN WHICH CASE PARAGRAPH (J) OF SUBDIVISION
THREE OF SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE GOVERNS.
(F) AGREEMENTS WITH PROCESSORS. (I) BEFORE MAKING ANY DISCLOSURE,
TRANSFER, OR SALE OF PERSONAL DATA TO ANY PROCESSOR, THE CONTROLLER MUST
ENTER INTO A WRITTEN, SIGNED CONTRACT WITH THAT PROCESSOR. SUCH CONTRACT
MUST BE BINDING AND CLEARLY SET FORTH INSTRUCTIONS FOR PROCESSING DATA,
THE NATURE AND PURPOSE OF PROCESSING, THE TYPE OF DATA SUBJECT TO PROC-
ESSING, THE DURATION OF PROCESSING, AND THE RIGHTS AND OBLIGATIONS OF
BOTH PARTIES. THE CONTRACT MUST ALSO INCLUDE REQUIREMENTS THAT THE
PROCESSOR MUST:
(A) ENSURE THAT EACH PERSON PROCESSING PERSONAL DATA IS SUBJECT TO A
DUTY OF CONFIDENTIALITY WITH RESPECT TO THE DATA;
(B) PROTECT THE DATA IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF
THIS ARTICLE AND AT LEAST EQUAL TO THE SECURITY REQUIREMENTS OF THE
CONTROLLER SET FORTH IN THEIR PUBLICLY AVAILABLE POLICIES, NOTICES, OR
SIMILAR STATEMENTS;
S. 8305--B 109
(C) PROCESS THE DATA ONLY WHEN AND TO THE EXTENT NECESSARY TO COMPLY
WITH ITS LEGAL OBLIGATIONS TO THE CONTROLLER UNLESS OTHERWISE EXPLICITLY
AUTHORIZED BY THE CONTROLLER;
(D) NOT COMBINE THE PERSONAL DATA WHICH THE PROCESSOR RECEIVES FROM OR
ON BEHALF OF THE CONTROLLER WITH PERSONAL DATA WHICH THE PROCESSOR
RECEIVES FROM OR ON BEHALF OF ANOTHER PERSON OR COLLECTS FROM ITS OWN
INTERACTION WITH CONSUMERS;
(E) COMPLY WITH ANY EXERCISES OF A CONSUMER'S RIGHTS UNDER SECTION
ELEVEN HUNDRED TWO OF THIS ARTICLE UPON THE REQUEST OF THE CONTROLLER,
SUBJECT TO THE LIMITATIONS SET FORTH IN SECTION ELEVEN HUNDRED FIVE OF
THIS ARTICLE;
(F) AT THE CONTROLLER'S DIRECTION, DELETE OR RETURN ALL PERSONAL DATA
TO THE CONTROLLER AS REQUESTED AT THE END OF THE PROVISION OF SERVICES,
UNLESS RETENTION OF THE PERSONAL DATA IS REQUIRED BY LAW;
(G) UPON THE REASONABLE REQUEST OF THE CONTROLLER, MAKE AVAILABLE TO
THE CONTROLLER ALL DATA IN ITS POSSESSION NECESSARY TO DEMONSTRATE THE
PROCESSOR'S COMPLIANCE WITH THE OBLIGATIONS IN THIS ARTICLE;
(H) ALLOW, AND COOPERATE WITH, REASONABLE ASSESSMENTS BY THE CONTROL-
LER OR THE CONTROLLER'S DESIGNATED ASSESSOR; ALTERNATIVELY, THE PROCESS-
OR MAY ARRANGE FOR A QUALIFIED AND INDEPENDENT ASSESSOR TO CONDUCT AN
ASSESSMENT OF THE PROCESSOR'S POLICIES AND TECHNICAL AND ORGANIZATIONAL
MEASURES IN SUPPORT OF THE OBLIGATIONS UNDER THIS ARTICLE USING AN
APPROPRIATE AND ACCEPTED CONTROL STANDARD OR FRAMEWORK AND ASSESSMENT
PROCEDURE FOR SUCH ASSESSMENTS. THE PROCESSOR SHALL PROVIDE A REPORT OF
SUCH ASSESSMENT TO THE CONTROLLER UPON REQUEST;
(I) A REASONABLE TIME IN ADVANCE BEFORE DISCLOSING OR TRANSFERRING THE
DATA TO ANY FURTHER PROCESSORS, NOTIFY THE CONTROLLER OF SUCH A PROPOSED
DISCLOSURE OR TRANSFER AND PROVIDE THE CONTROLLER AN OPPORTUNITY TO
APPROVE OR REJECT THE PROPOSAL; AND
(J) ENGAGE ANY FURTHER PROCESSOR PURSUANT TO A WRITTEN, SIGNED
CONTRACT THAT INCLUDES THE CONTRACTUAL REQUIREMENTS PROVIDED IN THIS
PARAGRAPH, CONTAINING AT MINIMUM THE SAME OBLIGATIONS THAT THE PROCESSOR
HAS ENTERED INTO WITH REGARD TO THE DATA.
(II) A CONTROLLER MUST NOT AGREE TO INDEMNIFY, DEFEND, OR HOLD A
PROCESSOR HARMLESS, OR AGREE TO A PROVISION THAT HAS THE EFFECT OF
INDEMNIFYING, DEFENDING, OR HOLDING THE PROCESSOR HARMLESS, FROM CLAIMS
OR LIABILITY ARISING FROM THE PROCESSOR'S BREACH OF THE CONTRACT
REQUIRED BY CLAUSE (A) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR A
VIOLATION OF THIS ARTICLE. ANY PROVISION OF AN AGREEMENT THAT VIOLATES
THIS SUBPARAGRAPH IS CONTRARY TO PUBLIC POLICY AND IS VOID AND UNEN-
FORCEABLE.
(III) NOTHING IN THIS PARAGRAPH RELIEVES A CONTROLLER OR A PROCESSOR
FROM THE LIABILITIES IMPOSED ON IT BY VIRTUE OF ITS ROLE IN THE PROCESS-
ING RELATIONSHIP AS DEFINED BY THIS ARTICLE.
(IV) DETERMINING WHETHER A PERSON IS ACTING AS A CONTROLLER OR PROCES-
SOR WITH RESPECT TO A SPECIFIC PROCESSING OF DATA IS A FACT-BASED DETER-
MINATION THAT DEPENDS UPON THE CONTEXT IN WHICH PERSONAL DATA IS TO BE
PROCESSED. A PROCESSOR THAT CONTINUES TO ADHERE TO A CONTROLLER'S
INSTRUCTIONS WITH RESPECT TO A SPECIFIC PROCESSING OF PERSONAL DATA
REMAINS A PROCESSOR.
(G) THIRD PARTIES. (I) A CONTROLLER MUST NOT SHARE, DISCLOSE, TRANS-
FER, OR SELL PERSONAL DATA, OR FACILITATE OR ENABLE THE PROCESSING,
DISCLOSURE, TRANSFER, OR SALE TO A THIRD PARTY OF PERSONAL DATA FOR
WHICH A CONSUMER HAS EXERCISED THEIR OPT-OUT RIGHTS PURSUANT TO SUBDIVI-
SION TWO OF SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE, OR FOR WHICH
CONSENT OF THE CONSUMER PURSUANT TO SUBDIVISION THREE OF SECTION ELEVEN
S. 8305--B 110
HUNDRED TWO OF THIS ARTICLE, HAS NOT BEEN OBTAINED OR IS NOT CURRENTLY
IN EFFECT. ANY REQUEST FOR CONSENT TO SHARE, DISCLOSE, TRANSFER, OR SELL
PERSONAL DATA, OR TO FACILITATE OR ENABLE THE PROCESSING, DISCLOSURE,
TRANSFER, OR SALE OF PERSONAL DATA TO A THIRD PARTY OF PERSONAL DATA TO
A THIRD PARTY MUST CLEARLY INCLUDE THE CATEGORY OF THE THIRD PARTY AND
THE PROCESSING PURPOSES FOR WHICH THE THIRD PARTY MAY USE THE PERSONAL
DATA.
(II) A CONTROLLER MUST NOT SHARE, DISCLOSE, TRANSFER, OR SELL PERSONAL
DATA, OR FACILITATE OR ENABLE THE PROCESSING, DISCLOSURE, TRANSFER, OR
SALE TO A THIRD PARTY OF PERSONAL DATA IF IT CAN REASONABLY EXPECT THE
PERSONAL DATA OF A CONSUMER TO BE USED FOR PURPOSES FOR WHICH A CONSUMER
HAS EXERCISED THEIR OPT-OUT RIGHTS PURSUANT TO SUBDIVISION TWO OF
SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE, OR FOR WHICH THE CONSUMER
HAS NOT CONSENTED TO PURSUANT TO SUBDIVISION THREE OF SECTION ELEVEN
HUNDRED TWO OF THIS ARTICLE, OR IF IT CAN REASONABLY EXPECT THAT ANY
RIGHTS OF THE CONSUMER PROVIDED IN THIS ARTICLE WOULD BE COMPROMISED AS
A RESULT OF SUCH TRANSACTION.
(III) BEFORE MAKING ANY DISCLOSURE, TRANSFER, OR SALE OF PERSONAL DATA
TO ANY THIRD PARTY, THE CONTROLLER MUST ENTER INTO A WRITTEN, SIGNED
CONTRACT. SUCH CONTRACT MUST BE BINDING AND THE SCOPE, NATURE, AND
PURPOSE OF PROCESSING, THE TYPE OF DATA SUBJECT TO PROCESSING, THE DURA-
TION OF PROCESSING, AND THE RIGHTS AND OBLIGATIONS OF BOTH PARTIES.
SUCH CONTRACT MUST INCLUDE REQUIREMENTS THAT THE THIRD PARTY:
(A) PROCESS THAT DATA ONLY TO THE EXTENT PERMITTED BY THE AGREEMENT
ENTERED INTO WITH THE CONTROLLER; AND
(B) PROVIDE A MECHANISM TO COMPLY WITH ANY EXERCISES OF A CONSUMER'S
RIGHTS UNDER SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE UPON THE REQUEST
OF THE CONTROLLER, SUBJECT TO ANY LIMITATIONS THEREON AS AUTHORIZED BY
THIS ARTICLE; AND
(C) TO THE EXTENT THE DISCLOSURE, TRANSFER, OR SALE OF THE PERSONAL
DATA CAUSES THE THIRD PARTY TO BECOME A CONTROLLER, COMPLY WITH ALL
OBLIGATIONS IMPOSED ON CONTROLLERS UNDER THIS ARTICLE.
2. PROCESSOR RESPONSIBILITIES. (A) FOR ANY PERSONAL DATA THAT IS
OBTAINED, RECEIVED, PURCHASED, OR OTHERWISE ACQUIRED BY A PROCESSOR,
WHETHER DIRECTLY FROM A CONTROLLER OR INDIRECTLY FROM ANOTHER PROCESSOR,
THE PROCESSOR MUST COMPLY WITH THE REQUIREMENTS SET FORTH IN CLAUSES (A)
THROUGH (J) OF SUBPARAGRAPH (I) OF PARAGRAPH (F) OF SUBDIVISION ONE OF
THIS SECTION.
(B) A PROCESSOR IS NOT REQUIRED TO COMPLY WITH A REQUEST SUBMITTED
PURSUANT TO THIS ARTICLE IF (I) THE CONSUMER SUBMITS THE REQUEST DIRECT-
LY TO THE PROCESSOR; AND (II) THE PROCESSOR HAS PROCESSED THE CONSUMER'S
PERSONAL DATA SOLELY IN ITS ROLE AS A PROCESSOR FOR A CONTROLLER.
(C) PROCESSORS SHALL BE UNDER A CONTINUING OBLIGATION TO ENGAGE IN
REASONABLE MEASURES TO REVIEW THEIR ACTIVITIES FOR CIRCUMSTANCES THAT
MAY HAVE ALTERED THEIR ABILITY TO IDENTIFY A SPECIFIC NATURAL PERSON AND
TO UPDATE THEIR CLASSIFICATIONS OF DATA AS IDENTIFIED OR IDENTIFIABLE
ACCORDINGLY.
(D) A PROCESSOR SHALL NOT ENGAGE IN ANY SALE OF PERSONAL DATA OTHER
THAN ON BEHALF OF THE CONTROLLER PURSUANT TO ANY AGREEMENT ENTERED INTO
WITH THE CONTROLLER.
3. THIRD PARTY RESPONSIBILITIES. FOR ANY PERSONAL DATA THAT IS
OBTAINED, RECEIVED, PURCHASED, OR OTHERWISE ACQUIRED OR ACCESSED BY A
THIRD PARTY FROM A CONTROLLER OR PROCESSOR, THE THIRD PARTY MUST:
(A) PROCESS THAT DATA ONLY TO THE EXTENT PERMITTED BY ANY AGREEMENTS
ENTERED INTO WITH THE CONTROLLER;
S. 8305--B 111
(B) COMPLY WITH ANY EXERCISES OF A CONSUMER'S RIGHTS UNDER SECTION
ELEVEN HUNDRED TWO OF THIS ARTICLE UPON THE REQUEST OF THE CONTROLLER OR
PROCESSOR, SUBJECT TO ANY LIMITATIONS THEREON AS AUTHORIZED BY THIS
ARTICLE; AND
(C) TO THE EXTENT THE THIRD PARTY BECOMES A CONTROLLER FOR PERSONAL
DATA, COMPLY WITH ALL OBLIGATIONS IMPOSED ON CONTROLLERS UNDER THIS
ARTICLE.
4. EXCEPTIONS. THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY WHERE:
(A) THE PROCESSING IS REQUIRED BY LAW;
(B) THE PROCESSING IS MADE PURSUANT TO A REQUEST BY A FEDERAL, STATE,
OR LOCAL GOVERNMENT OR GOVERNMENT ENTITY; OR
(C) THE PROCESSING SIGNIFICANTLY ADVANCES PROTECTION AGAINST CRIMINAL
OR TORTIOUS ACTIVITY.
§ 1104. DATA BROKERS. 1. A DATA BROKER, AS DEFINED UNDER THIS ARTICLE,
MUST ANNUALLY, ON OR BEFORE JANUARY THIRTY-FIRST FOLLOWING A YEAR IN
WHICH A PERSON MEETS THE DEFINITION OF DATA BROKER IN THIS ARTICLE:
(A) REGISTER WITH THE ATTORNEY GENERAL;
(B) PAY A REGISTRATION FEE OF ONE HUNDRED DOLLARS OR AS OTHERWISE
DETERMINED BY THE ATTORNEY GENERAL PURSUANT TO THE REGULATORY AUTHORITY
GRANTED TO THE ATTORNEY GENERAL UNDER THIS ARTICLE, NOT TO EXCEED THE
REASONABLE COST OF ESTABLISHING AND MAINTAINING THE DATABASE AND INFOR-
MATIONAL WEBSITE DESCRIBED IN THIS SECTION; AND
(C) PROVIDE THE FOLLOWING INFORMATION:
(I) THE NAME AND PRIMARY PHYSICAL, EMAIL, AND INTERNET WEBSITE ADDRESS
OF THE DATA BROKER;
(II) THE NAME AND BUSINESS ADDRESS OF AN OFFICER OR REGISTERED AGENT
OF THE DATA BROKER AUTHORIZED TO ACCEPT LEGAL PROCESS ON BEHALF OF THE
DATA BROKER;
(III) A STATEMENT DESCRIBING THE METHOD FOR EXERCISING CONSUMERS
RIGHTS UNDER SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE;
(IV) A STATEMENT WHETHER THE DATA BROKER IMPLEMENTS A PURCHASER
CREDENTIALING PROCESS; AND
(V) ANY ADDITIONAL INFORMATION OR EXPLANATION THE DATA BROKER CHOOSES
TO PROVIDE CONCERNING ITS DATA COLLECTION PRACTICES.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, ANY CONTROLLER
THAT CONDUCTS BUSINESS IN THE STATE OF NEW YORK MUST:
(A) ANNUALLY, ON OR BEFORE JANUARY THIRTY-FIRST FOLLOWING A YEAR IN
WHICH A PERSON MEETS THE DEFINITION OF CONTROLLER IN THIS ACT, PROVIDE
TO THE ATTORNEY GENERAL A LIST OF ALL DATA BROKERS OR PERSONS REASONABLY
BELIEVED TO BE DATA BROKERS TO WHICH THE CONTROLLER PROVIDED PERSONAL
DATA IN THE PRECEDING YEAR; AND
(B) NOT SELL A CONSUMER'S PERSONAL DATA TO AN ENTITY REASONABLY
BELIEVED TO BE A DATA BROKER THAT IS NOT REGISTERED WITH THE ATTORNEY
GENERAL.
3. THE ATTORNEY GENERAL SHALL ESTABLISH, MANAGE AND MAINTAIN A STATE-
WIDE REGISTRY ON ITS INTERNET WEBSITE, WHICH SHALL LIST ALL REGISTERED
DATA BROKERS AND MAKE ACCESSIBLE TO THE PUBLIC ALL THE INFORMATION
PROVIDED BY DATA BROKERS PURSUANT TO THIS SECTION. PRINTED HARD COPIES
OF SUCH REGISTRY SHALL BE MADE AVAILABLE UPON REQUEST AND PAYMENT OF A
REASONABLE FEE TO BE DETERMINED BY THE ATTORNEY GENERAL.
4. A DATA BROKER THAT FAILS TO REGISTER AS REQUIRED BY THIS SECTION OR
SUBMITS FALSE INFORMATION IN ITS REGISTRATION IS, IN ADDITION TO ANY
OTHER INJUNCTION, PENALTY, OR LIABILITY THAT MAY BE IMPOSED UNDER THIS
ARTICLE, LIABLE FOR CIVIL PENALTIES, FEES, AND COSTS IN AN ACTION
BROUGHT BY THE ATTORNEY GENERAL AS FOLLOWS: (A) A CIVIL PENALTY OF ONE
THOUSAND DOLLARS FOR EACH DAY THE DATA BROKER FAILS TO REGISTER AS
S. 8305--B 112
REQUIRED BY THIS SECTION OR FAILS TO CORRECT FALSE INFORMATION, (B) AN
AMOUNT EQUAL TO THE FEES THAT WERE DUE DURING THE PERIOD IT FAILED TO
REGISTER, AND (C) EXPENSES INCURRED BY THE ATTORNEY GENERAL IN THE
INVESTIGATION AND PROSECUTION OF THE ACTION AS THE COURT DEEMS APPROPRI-
ATE.
§ 1105. LIMITATIONS. 1. THIS ARTICLE DOES NOT REQUIRE A CONTROLLER OR
PROCESSOR TO DO ANY OF THE FOLLOWING SOLELY FOR PURPOSES OF COMPLYING
WITH THIS ARTICLE:
(A) REIDENTIFY DEIDENTIFIED DATA;
(B) COMPLY WITH A VERIFIED CONSUMER REQUEST TO ACCESS, CORRECT, OR
DELETE PERSONAL DATA PURSUANT TO THIS ARTICLE IF ALL OF THE FOLLOWING
ARE TRUE:
(I) THE CONTROLLER IS NOT REASONABLY CAPABLE OF ASSOCIATING THE
REQUEST WITH THE PERSONAL DATA;
(II) THE CONTROLLER DOES NOT ASSOCIATE THE PERSONAL DATA WITH OTHER
PERSONAL DATA ABOUT THE SAME SPECIFIC CONSUMER AS PART OF ITS NORMAL
BUSINESS PRACTICE; AND
(III) THE CONTROLLER DOES NOT SELL THE PERSONAL DATA TO ANY THIRD
PARTY OR OTHERWISE VOLUNTARILY DISCLOSE OR TRANSFER THE PERSONAL DATA TO
ANY PROCESSOR OR THIRD PARTY, EXCEPT AS OTHERWISE PERMITTED IN THIS
ARTICLE; OR
(C) MAINTAIN PERSONAL DATA IN IDENTIFIABLE FORM, OR COLLECT, OBTAIN,
RETAIN, OR ACCESS ANY PERSONAL DATA OR TECHNOLOGY, IN ORDER TO BE CAPA-
BLE OF ASSOCIATING A VERIFIED CONSUMER REQUEST WITH PERSONAL DATA.
2. THE OBLIGATIONS IMPOSED ON CONTROLLERS AND PROCESSORS UNDER THIS
ARTICLE DO NOT RESTRICT A CONTROLLER'S OR PROCESSOR'S ABILITY TO DO ANY
OF THE FOLLOWING, TO THE EXTENT THAT THE USE OF THE CONSUMER'S PERSONAL
DATA IS REASONABLY NECESSARY AND PROPORTIONATE FOR THESE PURPOSES:
(A) COMPLY WITH FEDERAL, STATE, OR LOCAL LAWS, RULES, OR REGULATIONS,
PROVIDED THAT NO LAW ENFORCEMENT AGENCY OR OFFICER THEREOF SHALL ACCESS
PERSONAL DATA WITHOUT A SUBPOENA OR A LAWFULLY EXECUTED SEARCH WARRANT,
EXCEPT FOR THE ATTORNEY GENERAL FOR THE PURPOSES OF ENFORCING THIS
ARTICLE, EXCEPT WHERE OTHERWISE PROVIDED SPECIFICALLY IN FEDERAL LAW;
(B) INVESTIGATE, ESTABLISH, EXERCISE, PREPARE FOR, OR DEFEND LEGAL
CLAIMS;
(C) PROCESS PERSONAL DATA NECESSARY TO PROVIDE THE SERVICES OR GOODS
REQUESTED BY A CONSUMER; PERFORM A CONTRACT TO WHICH THE CONSUMER IS A
PARTY; OR TAKE STEPS AT THE REQUEST OF THE CONSUMER PRIOR TO ENTERING
INTO A CONTRACT;
(D) TAKE IMMEDIATE STEPS TO PROTECT THE LIFE OR PHYSICAL SAFETY OF THE
CONSUMER OR OF ANOTHER NATURAL PERSON, AND WHERE THE PROCESSING CANNOT
BE MANIFESTLY BASED ON ANOTHER LEGAL BASIS;
(E) PREVENT, DETECT, PROTECT AGAINST, OR RESPOND TO SECURITY INCI-
DENTS, IDENTITY THEFT, FRAUD, HARASSMENT, MALICIOUS OR DECEPTIVE ACTIV-
ITIES, OR ANY ILLEGAL ACTIVITY; PRESERVE THE INTEGRITY OR SECURITY OF
SYSTEMS; OR INVESTIGATE, REPORT, OR PROSECUTE THOSE RESPONSIBLE FOR ANY
SUCH ACTION;
(F) IDENTIFY AND REPAIR TECHNICAL ERRORS THAT IMPAIR EXISTING OR
INTENDED FUNCTIONALITY; OR
(G) PROCESS BUSINESS CONTACT INFORMATION, INCLUDING A NATURAL PERSON'S
NAME, POSITION NAME OR TITLE, BUSINESS TELEPHONE NUMBER, BUSINESS
ADDRESS, BUSINESS ELECTRONIC MAIL ADDRESS, BUSINESS FAX NUMBER, OR QUAL-
IFICATIONS AND ANY OTHER SIMILAR INFORMATION ABOUT THE NATURAL PERSON.
3. THE OBLIGATIONS IMPOSED ON CONTROLLERS OR PROCESSORS UNDER THIS
ARTICLE DO NOT APPLY WHERE COMPLIANCE BY THE CONTROLLER OR PROCESSOR
WITH THIS ARTICLE WOULD VIOLATE AN EVIDENTIARY PRIVILEGE UNDER NEW YORK
S. 8305--B 113
LAW AND DO NOT PREVENT A CONTROLLER OR PROCESSOR FROM PROVIDING PERSONAL
DATA CONCERNING A CONSUMER TO A PERSON COVERED BY AN EVIDENTIARY PRIVI-
LEGE UNDER NEW YORK LAW AS PART OF A PRIVILEGED COMMUNICATION.
4. A CONTROLLER THAT RECEIVES A REQUEST PURSUANT TO SUBDIVISIONS FOUR
THROUGH SEVEN OF SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE, OR A
PROCESSOR OR THIRD PARTY TO WHOM A CONTROLLER COMMUNICATES SUCH A
REQUEST, MAY DECLINE TO FULFILL THE RELEVANT PART OF SUCH REQUEST IF:
(A) THE CONTROLLER, PROCESSOR, OR THIRD PARTY IS UNABLE TO VERIFY THE
REQUEST USING COMMERCIALLY REASONABLE EFFORTS, AS DESCRIBED IN PARAGRAPH
(C) OF SUBDIVISION EIGHT OF SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE;
(B) COMPLYING WITH THE REQUEST WOULD BE DEMONSTRABLY IMPOSSIBLE (FOR
PURPOSES OF THIS PARAGRAPH, THE RECEIPT OF A LARGE NUMBER OF VERIFIED
REQUESTS, ON ITS OWN, IS NOT SUFFICIENT TO RENDER COMPLIANCE WITH A
REQUEST DEMONSTRABLY IMPOSSIBLE);
(C) COMPLYING WITH THE REQUEST WOULD IMPAIR THE PRIVACY OF ANOTHER
INDIVIDUAL OR THE RIGHTS OF ANOTHER TO EXERCISE FREE SPEECH; OR
(D) THE PERSONAL DATA WAS CREATED BY A NATURAL PERSON OTHER THAN THE
CONSUMER MAKING THE REQUEST AND IS BEING PROCESSED FOR THE PURPOSE OF
FACILITATING INTERPERSONAL RELATIONSHIPS OR PUBLIC DISCUSSION.
§ 1106. ENFORCEMENT. 1. WHENEVER IT APPEARS TO THE ATTORNEY GENERAL,
EITHER UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON OR PERSONS HAS
ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR PRACTICES STATED
TO BE UNLAWFUL UNDER THIS ARTICLE, THE ATTORNEY GENERAL MAY BRING AN
ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF THE PEOPLE OF
THE STATE OF NEW YORK TO ENJOIN ANY VIOLATION OF THIS ARTICLE, TO OBTAIN
RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED DIRECTLY OR INDIRECTLY BY
ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT OF ANY PROFITS OBTAINED
DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL PENALTIES
OF NOT MORE THAN TWENTY THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN
ANY SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUD-
ING PRELIMINARY RELIEF.
(A) ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION MUST BE COMMENCED WITHIN SIX YEARS.
(B) EACH INSTANCE OF UNLAWFUL PROCESSING COUNTS AS A SEPARATE
VIOLATION. UNLAWFUL PROCESSING OF THE PERSONAL DATA OF MORE THAN ONE
CONSUMER COUNTS AS A SEPARATE VIOLATION AS TO EACH CONSUMER. EACH
PROVISION OF THIS ARTICLE THAT IS VIOLATED COUNTS AS A SEPARATE
VIOLATION.
(C) IN ASSESSING THE AMOUNT OF PENALTIES, THE COURT MUST CONSIDER ANY
ONE OR MORE OF THE RELEVANT CIRCUMSTANCES PRESENTED BY ANY OF THE
PARTIES, INCLUDING, BUT NOT LIMITED TO, THE NATURE AND SERIOUSNESS OF
THE MISCONDUCT, THE NUMBER OF VIOLATIONS, THE PERSISTENCE OF THE MISCON-
DUCT, THE LENGTH OF TIME OVER WHICH THE MISCONDUCT OCCURRED, THE WILL-
FULNESS OF THE VIOLATOR'S MISCONDUCT, AND THE VIOLATOR'S FINANCIAL
CONDITION.
2. IN CONNECTION WITH ANY PROPOSED ACTION OR SPECIAL PROCEEDING UNDER
THIS SECTION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE
A DETERMINATION OF THE RELEVANT FACTS, AND TO ISSUE SUBPOENAS IN ACCORD-
ANCE WITH THE CIVIL PRACTICE LAW AND RULES. THE ATTORNEY GENERAL MAY
ALSO REQUIRE SUCH OTHER DATA AND INFORMATION AS HE OR SHE MAY DEEM RELE-
VANT AND MAY REQUIRE WRITTEN RESPONSES TO QUESTIONS UNDER OATH. SUCH
POWER OF SUBPOENA AND EXAMINATION SHALL NOT ABATE OR TERMINATE BY REASON
OF ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY GENERAL
UNDER THIS ARTICLE.
3. ANY PERSON, WITHIN OR OUTSIDE THE STATE, WHO THE ATTORNEY GENERAL
BELIEVES MAY BE IN POSSESSION, CUSTODY, OR CONTROL OF ANY BOOKS, PAPERS,
S. 8305--B 114
OR OTHER THINGS, OR MAY HAVE INFORMATION, RELEVANT TO ACTS OR PRACTICES
STATED TO BE UNLAWFUL IN THIS ARTICLE IS SUBJECT TO THE SERVICE OF A
SUBPOENA ISSUED BY THE ATTORNEY GENERAL PURSUANT TO THIS SECTION.
SERVICE MAY BE MADE IN ANY MANNER THAT IS AUTHORIZED FOR SERVICE OF A
SUBPOENA OR A SUMMONS BY THE STATE IN WHICH SERVICE IS MADE.
4. (A) FAILURE TO COMPLY WITH A SUBPOENA ISSUED PURSUANT TO THIS
SECTION WITHOUT REASONABLE CAUSE TOLLS THE APPLICABLE STATUTES OF LIMI-
TATIONS IN ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY
GENERAL AGAINST THE NONCOMPLIANT PERSON THAT ARISES OUT OF THE ATTORNEY
GENERAL'S INVESTIGATION.
(B) IF A PERSON FAILS TO COMPLY WITH A SUBPOENA ISSUED PURSUANT TO
THIS SECTION, THE ATTORNEY GENERAL MAY MOVE IN THE SUPREME COURT TO
COMPEL COMPLIANCE. IF THE COURT FINDS THAT THE SUBPOENA WAS AUTHORIZED,
IT SHALL ORDER COMPLIANCE AND MAY IMPOSE A CIVIL PENALTY OF UP TO ONE
THOUSAND DOLLARS PER DAY OF NONCOMPLIANCE.
(C) SUCH TOLLING AND CIVIL PENALTY SHALL BE IN ADDITION TO ANY OTHER
PENALTIES OR REMEDIES PROVIDED BY LAW FOR NONCOMPLIANCE WITH A SUBPOENA.
5. THIS SECTION SHALL APPLY TO ALL ACTS DECLARED TO BE UNLAWFUL UNDER
THIS ARTICLE, WHETHER OR NOT SUBJECT TO ANY OTHER LAW OF THIS STATE, AND
SHALL NOT SUPERSEDE, AMEND OR REPEAL ANY OTHER LAW OF THIS STATE UNDER
WHICH THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE ANY ACTION OR CONDUCT
ANY INQUIRY.
§ 1107. MISCELLANEOUS. 1. PREEMPTION: THIS ARTICLE DOES NOT ANNUL,
ALTER, OR AFFECT THE LAWS, ORDINANCES, REGULATIONS, OR THE EQUIVALENT
ADOPTED BY ANY LOCAL ENTITY REGARDING THE PROCESSING, COLLECTION, TRANS-
FER, DISCLOSURE, AND SALE OF CONSUMERS' PERSONAL DATA BY A CONTROLLER OR
PROCESSOR SUBJECT TO THIS ARTICLE, EXCEPT TO THE EXTENT THOSE LAWS,
ORDINANCES, REGULATIONS, OR THE EQUIVALENT CREATE REQUIREMENTS OR OBLI-
GATIONS THAT CONFLICT WITH OR REDUCE THE PROTECTIONS AFFORDED TO CONSUM-
ERS UNDER THIS ARTICLE.
2. IMPACT REPORT: THE ATTORNEY GENERAL SHALL ISSUE A REPORT EVALUATING
THIS ARTICLE, ITS SCOPE, ANY COMPLAINTS FROM CONSUMERS OR PERSONS, THE
LIABILITY AND ENFORCEMENT PROVISIONS OF THIS ARTICLE INCLUDING, BUT NOT
LIMITED TO, THE EFFECTIVENESS OF ITS EFFORTS TO ENFORCE THIS ARTICLE,
AND ANY RECOMMENDATIONS FOR CHANGES TO SUCH PROVISIONS. THE ATTORNEY
GENERAL SHALL SUBMIT THE REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE APPROPRIATE COMMIT-
TEES OF THE LEGISLATURE WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS
SECTION.
3. REGULATORY AUTHORITY: (A) THE ATTORNEY GENERAL IS HEREBY AUTHORIZED
AND EMPOWERED TO ADOPT, PROMULGATE, AMEND AND RESCIND SUITABLE RULES AND
REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ARTICLE, INCLUDING RULES
GOVERNING THE FORM AND CONTENT OF ANY DISCLOSURES OR COMMUNICATIONS
REQUIRED BY THIS ARTICLE.
(B) THE ATTORNEY GENERAL MAY REQUEST, AND SHALL RECEIVE, DATA AND
INFORMATION FROM CONTROLLERS CONDUCTING BUSINESS IN NEW YORK STATE,
OTHER NEW YORK STATE GOVERNMENT ENTITIES ADMINISTERING NOTICE AND
CONSENT REGIMES, CONSUMER PROTECTION AND PRIVACY ADVOCATES AND RESEARCH-
ERS, INTERNET STANDARDS SETTING BODIES, SUCH AS THE INTERNET ENGINEERING
TASKFORCE AND THE INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS, AND
OTHER RELEVANT SOURCES, TO CONDUCT STUDIES TO INFORM SUITABLE RULES AND
REGULATIONS. THE ATTORNEY GENERAL SHALL RECEIVE, UPON REQUEST, DATA
FROM OTHER NEW YORK STATE GOVERNMENTAL ENTITIES.
4. EXERCISE OF RIGHTS: ANY CONSUMER RIGHT SET FORTH IN THIS ARTICLE
MAY BE EXERCISED AT ANY TIME BY THE CONSUMER WHO IS THE SUBJECT OF THE
DATA OR BY A PARENT OR GUARDIAN AUTHORIZED BY LAW TO TAKE ACTIONS OF
S. 8305--B 115
LEGAL CONSEQUENCE ON BEHALF OF THE CONSUMER WHO IS THE SUBJECT OF THE
DATA. AN AGENT AUTHORIZED BY A CONSUMER MAY EXERCISE THE CONSUMER RIGHTS
SET FORTH IN SUBDIVISIONS FOUR THROUGH SEVEN OF SECTION ELEVEN HUNDRED
TWO OF THIS ARTICLE ON THE CONSUMERS BEHALF.
§ 4. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act, which can be given
effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 5. This act shall take effect immediately; provided, however, that
sections 1101, 1102, 1103, 1105, 1106 and 1107 of the general business
law, as added by section three of this act, shall take effect one year
after it shall have become a law.
PART CC
Section 1. This act shall be known and may be cited as the "secure our
data act".
§ 2. Legislative intent. The legislature finds that ransomware and
other malware attacks have affected the electronically stored personal
information relating to thousands of people statewide and millions of
people nationwide. The legislature also finds that state entities
receive such personal information from various sources, including the
data subjects themselves, other state entities, and the federal govern-
ment. In addition, the legislature finds that state entities use such
personal information to make determinations regarding the data subjects.
The legislature further finds that New Yorkers deserve to have their
personal information that is in the possession of a state entity stored
in a manner that will withstand any attempt by ransomware and other
malware to alter, change, or encrypt such information.
Therefore, the legislature enacts the secure our data act which will
guarantee that state entities will employ the proper technology to
protect the personal information stored as backup information from any
unauthorized alteration or change.
§ 3. The state technology law is amended by adding a new section 210
to read as follows:
§ 210. RANSOMWARE AND OTHER MALWARE PROTECTION. 1. DEFINITIONS. FOR
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "DATA SUBJECT" SHALL MEAN THE PERSON WHO IS THE SUBJECT OF THE
PERSONAL INFORMATION.
(B) "IMMUTABLE" MEANS DATA THAT IS STORED UNCHANGED OVER TIME OR
UNABLE TO BE CHANGED. FOR THE PURPOSES OF BACKUPS, "IMMUTABLE" SHALL
MEAN THAT, ONCE INGESTED, NO EXTERNAL OR INTERNAL OPERATION CAN MODIFY
THE DATA AND MUST NEVER BE AVAILABLE IN A READ/WRITE STATE TO THE
CLIENT. "IMMUTABLE" SHALL SPECIFICALLY APPLY TO THE CHARACTERISTICS AND
ATTRIBUTES OF A BACKUP SYSTEM'S FILE SYSTEM AND MAY NOT BE APPLIED TO
TEMPORARY SYSTEMS STATE, TIME-BOUND OR EXPIRING CONFIGURATIONS, OR
TEMPORARY CONDITIONS CREATED BY A PHYSICAL AIR GAP AS IS IMPLEMENTED IN
MOST LEGACY SYSTEMS. AN IMMUTABLE FILE SYSTEM MUST DEMONSTRATE CHARAC-
TERISTICS THAT DO NOT PERMIT THE EDITING OR CHANGING OF ANY DATA BACKED
UP TO PROVIDE AGENCIES WITH COMPLETE RECOVERY CAPABILITIES.
(C) "INFORMATION SYSTEM" SHALL MEAN ANY GOOD, SERVICE OR A COMBINATION
THEREOF, USED BY ANY COMPUTER, CLOUD SERVICE, OR INTERCONNECTED SYSTEM
THAT IS MAINTAINED FOR OR USED BY A STATE ENTITY IN THE ACQUISITION,
S. 8305--B 116
STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL, DISPLAY, SWITCH-
ING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF DATA OR VOICE INCLUDING,
BUT NOT LIMITED TO, HARDWARE, SOFTWARE, INFORMATION APPLIANCES, FIRM-
WARE, PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUCTURE, MEDIA, AND RELATED
MATERIAL USED TO AUTOMATICALLY AND ELECTRONICALLY COLLECT, RECEIVE,
ACCESS, TRANSMIT, DISPLAY, STORE, RECORD, RETRIEVE, ANALYZE, EVALUATE,
PROCESS, CLASSIFY, MANIPULATE, MANAGE, ASSIMILATE, CONTROL, COMMUNICATE,
EXCHANGE, CONVERT, COVERAGE, INTERFACE, SWITCH, OR DISSEMINATE DATA OF
ANY KIND OR FORM.
(D) "MAINTAINED" SHALL MEAN PERSONAL INFORMATION STORED BY A STATE
ENTITY THAT WAS PROVIDED TO THE STATE ENTITY BY THE DATA SUBJECT, A
STATE ENTITY, OR A FEDERAL GOVERNMENTAL ENTITY. SUCH TERM SHALL ALSO
INCLUDE PERSONAL INFORMATION PROVIDED BY AN ADVERSE PARTY IN THE COURSE
OF LITIGATION OR OTHER ADVERSARIAL PROCEEDING.
(E) "MALWARE" SHALL MEAN MALICIOUS CODE INCLUDED IN ANY APPLICATION,
DIGITAL CONTENT, DOCUMENT, EXECUTABLE, FIRMWARE, PAYLOAD, OR SOFTWARE
FOR THE PURPOSE OF PERFORMING OR EXECUTING ONE OR MORE UNAUTHORIZED
PROCESSES DESIGNED TO HAVE AN ADVERSE IMPACT ON THE AVAILABILITY, CONFI-
DENTIALITY, OR INTEGRITY OF DATA STORED IN AN INFORMATION SYSTEM.
(F) "RANSOMWARE" SHALL MEAN ANY TYPE OF MALWARE THAT USES ENCRYPTION
TECHNOLOGY TO PREVENT USERS FROM ACCESSING AN INFORMATION SYSTEM OR DATA
STORED BY SUCH INFORMATION SYSTEM UNTIL A RANSOM IS PAID.
(G) "STATE ENTITY" SHALL MEAN ANY STATE BOARD, BUREAU, DIVISION,
COMMITTEE, COMMISSION, COUNCIL, DEPARTMENT, PUBLIC AUTHORITY, PUBLIC
BENEFIT CORPORATION, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING A
GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE OF NEW YORK, EXCEPT:
(I) THE JUDICIARY; AND
(II) ALL CITIES, COUNTIES, MUNICIPALITIES, VILLAGES, TOWNS, AND OTHER
LOCAL AGENCIES.
2. DATA PROTECTION STANDARDS. (A) NO LATER THAN ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR, IN CONSULTATION WITH
STAKEHOLDERS AND OTHER INTERESTED PARTIES, WHICH SHALL INCLUDE AT LEAST
ONE PUBLIC HEARING, SHALL PROMULGATE REGULATIONS THAT DESIGN AND DEVELOP
STANDARDS FOR:
(I) MALWARE AND RANSOMWARE PROTECTION FOR MISSION CRITICAL INFORMATION
SYSTEMS AND FOR PERSONAL INFORMATION USED BY SUCH INFORMATION SYSTEMS;
(II) DATA BACKUP THAT INCLUDES THE CREATION OF IMMUTABLE BACKUPS OF
PERSONAL INFORMATION MAINTAINED BY THE STATE ENTITY AND STORAGE OF SUCH
BACKUPS IN A SEGMENTED ENVIRONMENT, INCLUDING A SEGMENTED DEVICE;
(III) INFORMATION SYSTEM RECOVERY THAT INCLUDES CREATING AN IDENTICAL
COPY OF AN IMMUTABLE PERSONAL INFORMATION BACKUP MAINTAINED BY OR FOR
THE STATE ENTITY THAT WAS STORED IN A SEGMENTED ENVIRONMENT OR ON A
SEGMENTED DEVICE FOR USE WHEN AN INFORMATION SYSTEM HAS BEEN ADVERSELY
AFFECTED BY RENT SOMEWHERE OR OTHER MALWARE AND REQUIRES RESTORATION
FROM ONE OR MORE BACKUPS; AND
(IV) ANNUAL WORKFORCE TRAINING REGARDING PROTECTION FROM RANSOMWARE
AND OTHER MALWARE, AS WELL AS PROCESSES AND PROCEDURES THAT SHOULD BE
FOLLOWED IN THE EVENT OF A DATA INCIDENT INVOLVING RANSOMWARE OR OTHER
MALWARE.
(B) SUCH REGULATIONS MAY BE ADOPTED ON AN EMERGENCY BASIS. IF SUCH
REGULATIONS ARE ADOPTED ON AN EMERGENCY BASIS, THE OFFICE SHALL ENGAGE
IN THE FORMAL RULEMAKING PROCEDURE NO LATER THAN THE DAY IMMEDIATELY
FOLLOWING THE DATE THAT THE OFFICE PROMULGATED SUCH REGULATIONS ON AN
EMERGENCY BASIS. PROVIDED THAT THE OFFICE HAS COMMENCED THE FORMAL RULE-
MAKING PROCESS, THE REGULATIONS ADOPTED ON AN EMERGENCY BASIS MAY BE
RENEWED NO MORE THAN TWO TIMES.
S. 8305--B 117
3. VULNERABILITY ASSESSMENTS. NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY, EACH STATE ENTITY SHALL ENGAGE IN VULNERABILITY TESTING OF
ITS INFORMATION SYSTEMS AS FOLLOWS:
(A) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE AND ON A MONTHLY
BASIS THEREAFTER, EACH STATE ENTITY SHALL PERFORM, OR CAUSE TO BE
PERFORMED, A VULNERABILITY ASSESSMENT OF AT LEAST ONE MISSION CRITICAL
INFORMATION SYSTEM ENSURING THAT EACH MISSION CRITICAL SYSTEM HAS UNDER-
GONE A VULNERABILITY ASSESSMENT DURING THE PAST YEAR. A REPORT DETAILING
THE VULNERABILITY ASSESSMENT METHODOLOGY AND FINDINGS SHALL BE MADE
AVAILABLE TO THE OFFICE FOR REVIEW NO LATER THAN FORTY-FIVE DAYS AFTER
THE TESTING HAS BEEN COMPLETED.
(B) BEGINNING DECEMBER FIRST, TWO THOUSAND TWENTY-FIVE, EACH STATE
ENTITY'S ENTIRE INFORMATION SYSTEM SHALL UNDERGO VULNERABILITY TESTING.
A REPORT DETAILING THE VULNERABILITY ASSESSMENT METHODOLOGY AND FINDINGS
SHALL BE MADE AVAILABLE TO THE OFFICE FOR REVIEW NO LATER THAN FORTY-
FIVE DAYS AFTER SUCH TESTING HAS BEEN COMPLETED.
(C) THE OFFICE SHALL ASSIST STATE ENTITIES IN COMPLYING WITH THE
PROVISIONS OF THIS SECTION.
4. DATA AND INFORMATION SYSTEM INVENTORY. (A) NO LATER THAN ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH STATE ENTITY SHALL CREATE
AN INVENTORY OF THE DATA MAINTAINED BY THE STATE ENTITY AND THE PURPOSE
OR PURPOSES FOR WHICH SUCH DATA IS MAINTAINED AND USED. THE INVENTORY
SHALL INCLUDE A LISTING OF ALL PERSONAL INFORMATION MAINTAINED BY THE
STATE ENTITY, ALONG WITH THE SOURCE AND AGE OF SUCH INFORMATION.
(B) NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
EACH STATE ENTITY SHALL CREATE AN INVENTORY OF THE INFORMATION SYSTEMS
MAINTAINED BY OR ON BEHALF OF THE STATE ENTITY AND THE PURPOSE OR
PURPOSES FOR WHICH EACH SUCH INFORMATION SYSTEM IS MAINTAINED AND USED.
THE INVENTORY SHALL DENOTE THOSE INFORMATION SYSTEMS THAT ARE MISSION
CRITICAL AND THOSE THAT USE PERSONAL INFORMATION, AND WHETHER THE INFOR-
MATION SYSTEM IS PROTECTED BY IMMUTABLE BACKUPS.
(C) NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, IF A
STATE ENTITY HAS ALREADY COMPLETED A DATA INVENTORY OR INFORMATION
SYSTEMS INVENTORY, SUCH STATE ENTITY SHALL UPDATE THE PREVIOUSLY
COMPLETED DATA INVENTORY OR INFORMATION SYSTEM INVENTORY NO LATER THAN
ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(D) UPON WRITTEN REQUEST FROM THE OFFICE, A STATE ENTITY SHALL PROVIDE
THE OFFICE WITH EITHER OR BOTH OF THE INVENTORIES REQUIRED TO BE CREATED
OR UPDATED PURSUANT TO THIS SUBDIVISION.
5. INCIDENT MANAGEMENT AND RECOVERY. (A) NO LATER THAN EIGHTEEN MONTHS
AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH STATE ENTITY SHALL HAVE
CREATED AN INCIDENT RESPONSE PLAN FOR INCIDENTS INVOLVING RANSOMWARE OR
OTHER MALWARE THAT RENDERS AN INFORMATION SYSTEM OR ITS DATA UNAVAIL-
ABLE, AND INCIDENTS INVOLVING RANSOMWARE OR OTHER MALWARE THAT RESULT IN
THE ALTERATION OR DELETION OF OR UNAUTHORIZED ACCESS TO, PERSONAL INFOR-
MATION.
(B) SUCH INCIDENT RESPONSE PLAN SHALL INCLUDE A PROCEDURE FOR SITU-
ATIONS WHERE PRODUCTION AND NON-SEGMENTED INFORMATION SYSTEMS HAVE BEEN
ADVERSELY AFFECTED BY A DATA INCIDENT, AS WELL AS A PROCEDURE FOR THE
STORAGE OF PERSONAL INFORMATION AND MISSION CRITICAL BACKUPS ON A
SEGMENTED DEVICE OR SEGMENTED PORTION OF THE STATE ENTITY'S INFORMATION
SYSTEM TO ENSURE THAT SUCH PERSONAL INFORMATION AND MISSION CRITICAL
SYSTEMS ARE PROTECTED BY IMMUTABLE BACKUPS.
(C) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN AND ON AN ANNU-
AL BASIS THEREAFTER, EACH STATE ENTITY SHALL COMPLETE AT LEAST ONE EXER-
CISE OF ITS INCIDENT RESPONSE PLAN THAT INCLUDES COPYING THE IMMUTABLE
S. 8305--B 118
PERSONAL INFORMATION AND MISSION CRITICAL APPLICATIONS FROM THE
SEGMENTED PORTION OF THE STATE ENTITY'S INFORMATION SYSTEM AND USING
SUCH COPIES IN THE STATE ENTITY'S RESTORATION AND RECOVERY PROCESS. UPON
COMPLETION OF SUCH EXERCISE, THE STATE ENTITY SHALL DOCUMENT THE INCI-
DENT RESPONSE PLAN'S SUCCESSES AND SHORTCOMINGS.
6. NO PRIVATE RIGHT OF ACTION. NOTHING SET FORTH IN THIS SECTION SHALL
BE CONSTRUED AS CREATING OR ESTABLISHING A PRIVATE CAUSE OF ACTION.
§ 4. Severability. The provisions of this act shall be severable and
if any portion thereof or the applicability thereof to any person or
circumstances shall be held to be invalid, the remainder of this act and
the application thereof shall not be affected thereby.
§ 5. This act shall take effect immediately.
PART DD
Section 1. Section 106 of the alcoholic beverage control law is
amended by adding a new subdivision 16 to read as follows:
16. A PERSON HOLDING A RETAIL ON-PREMISES LICENSE FOR A MOVIE THEATRE,
OTHER THAN A LICENSE FOR A MOVIE THEATRE THAT MEETS THE DEFINITIONS OF
RESTAURANT AND MEALS, AND WHERE ALL SEATING IS AT TABLES WHERE MEALS ARE
SERVED, SHALL:
(A) FOR EVERY PURCHASE OF AN ALCOHOLIC BEVERAGE, REQUIRE THE PURCHASER
TO PROVIDE WRITTEN EVIDENCE OF AGE AS SET FORTH IN PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THIS CHAPTER; AND
(B) ALLOW THE PURCHASE OF ONLY ONE ALCOHOLIC BEVERAGE PER TRANSACTION;
AND
(C) NOT COMMENCE THE SALE OF ALCOHOLIC BEVERAGES UNTIL ONE HOUR PRIOR
TO THE START OF THE FIRST MOTION PICTURE, AND CEASE ALL SALES OF ALCO-
HOLIC BEVERAGES AFTER THE CONCLUSION OF THE FINAL MOTION PICTURE.
§ 2. Subdivision 6 of section 64-a of the alcoholic beverage control
law, as amended by chapter 475 of the laws of 2011, is amended to read
as follows:
6. No special on-premises license shall be granted except for premises
in which the principal business shall be (a) the sale of food or bever-
ages at retail for consumption on the premises or (b) the operation of a
legitimate theatre, INCLUDING A MOTION PICTURE THEATRE THAT IS A BUILD-
ING OR FACILITY WHICH IS REGULARLY USED AND KEPT OPEN PRIMARILY FOR THE
EXHIBITION OF MOTION PICTURES FOR AT LEAST FIVE OUT OF SEVEN DAYS A
WEEK, OR ON A REGULAR SEASONAL BASIS OF NO LESS THAN SIX CONTIGUOUS
WEEKS, TO THE GENERAL PUBLIC WHERE ALL AUDITORIUM SEATING IS PERMANENTLY
AFFIXED TO THE FLOOR AND AT LEAST SIXTY-FIVE PERCENT OF THE MOTION
PICTURE THEATRE'S ANNUAL GROSS REVENUES IS THE COMBINED RESULT OF ADMIS-
SION REVENUE FOR THE SHOWING OF MOTION PICTURES AND THE SALE OF FOOD AND
NON-ALCOHOLIC BEVERAGES, or such other lawful adult entertainment or
recreational facility as the liquor authority, giving due regard to the
convenience of the public and the strict avoidance of sales prohibited
by this chapter, shall by regulation classify for eligibility. [Nothing
contained in this subdivision shall be deemed to authorize the issuance
of a license to a motion picture theatre, except those meeting the defi-
nition of restaurant and meals, and where all seating is at tables where
meals are served.]
§ 3. Subdivision 8 of section 64-a of the alcoholic beverage control
law, as added by chapter 531 of the laws of 1964, is amended to read as
follows:
8. Every special on-premises licensee shall regularly keep food avail-
able for sale to its customers for consumption on the premises. The
S. 8305--B 119
availability of sandwiches, soups or other foods, whether fresh, proc-
essed, pre-cooked or frozen, shall be deemed compliance with this
requirement. FOR MOTION PICTURE THEATRES LICENSED UNDER PARAGRAPH (B)
OF SUBDIVISION SIX OF THIS SECTION, FOOD THAT IS TYPICALLY FOUND IN A
MOTION PICTURE THEATRE, INCLUDING BUT NOT LIMITED TO: POPCORN, CANDY,
AND LIGHT SNACKS, SHALL BE DEEMED TO BE IN COMPLIANCE WITH THIS REQUIRE-
MENT. The licensed premises shall comply at all times with all the regu-
lations of the local department of health. Nothing contained in this
subdivision, however, shall be construed to require that any food be
sold or purchased with any liquor, nor shall any rule, regulation or
standard be promulgated or enforced requiring that the sale of food be
substantial or that the receipts of the business other than from the
sale of liquor equal any set percentage of total receipts from sales
made therein.
§ 4. Subdivision 9 of section 64-a of the alcoholic beverage control
law, as added by chapter 531 of the laws of 1964, is amended to read as
follows:
9. IN THE CASE OF A MOTION PICTURE THEATRE APPLYING FOR A LICENSE
UNDER THIS SECTION, ANY MUNICIPALITY REQUIRED TO BE NOTIFIED UNDER
SECTION ONE HUNDRED TEN-B OF THIS CHAPTER MAY EXPRESS AN OPINION WITH
RESPECT TO WHETHER THE APPLICATION SHOULD BE APPROVED, AND SUCH OPINION
MAY BE CONSIDERED IN DETERMINING WHETHER GOOD CAUSE EXISTS TO DENY ANY
SUCH APPLICATION.
10. The liquor authority may make such rules as it deems necessary to
carry out the provisions of this section.
§ 5. This act shall take effect immediately and shall expire and be
deemed repealed 3 years after such date.
PART EE
Section 1. The alcoholic beverage control law is amended by adding two
new sections 59-b and 59-c to read as follows:
§ 59-B. DIRECT INTERSTATE CIDER SHIPMENTS. 1. AUTHORIZATION. NOTWITH-
STANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, ANY
HOLDER OF A LICENSE TO MANUFACTURE CIDER IN ANY OTHER STATE WHO OBTAINS
AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE, AS PROVIDED IN THIS SECTION,
MAY SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS EACH
CASE) OF CIDER PRODUCED BY SUCH LICENSE HOLDER PER YEAR DIRECTLY TO A
RESIDENT OF NEW YORK WHO IS AT LEAST TWENTY-ONE YEARS OF AGE, FOR SUCH
RESIDENT'S PERSONAL USE AND NOT FOR RESALE, PROVIDED THE STATE IN WHICH
SUCH PERSON IS SO LICENSED AFFORDS LAWFUL MEANS FOR SHIPMENTS OF CIDER
TO BE RECEIVED BY A RESIDENT THEREOF WHO IS AT LEAST TWENTY-ONE YEARS OF
AGE, FOR SUCH RESIDENT'S PERSONAL USE AND NOT FOR RESALE, FROM A PERSON
LICENSED IN THIS STATE AS A MANUFACTURER AND, PROVIDED FURTHER, THAT THE
STATE IN WHICH SUCH OUT-OF-STATE CIDER PRODUCER IS LOCATED AFFORDS TO
NEW YORK STATE CIDER PRODUCER, FARM CIDERY, FARM WINERY AND FARM BREWERY
LICENSEES RECIPROCAL CIDER SHIPPING PRIVILEGES, MEANING SHIPPING PRIVI-
LEGES THAT ARE SUBSTANTIALLY SIMILAR TO THE REQUIREMENTS IN THIS
SECTION. NO PERSON SHALL PLACE AN ORDER FOR SHIPMENT OF CIDER UNLESS
THEY ARE TWENTY-ONE YEARS OF AGE OR OLDER. ANY COMMON CARRIER WITH A
PERMIT ISSUED PURSUANT TO THIS CHAPTER TO WHOM SUCH OUT-OF-STATE SHIP-
PER'S LICENSE IS PRESENTED IS AUTHORIZED TO MAKE DELIVERY OF SHIPMENTS
PROVIDED FOR HEREUNDER IN THIS STATE IN COMPLIANCE WITH THIS SECTION.
2. LICENSE. BEFORE SENDING ANY SHIPMENT HEREUNDER TO A RESIDENT IN
THIS STATE, THE OUT-OF-STATE SHIPPER SHALL FIRST OBTAIN A LICENSE FROM
THE AUTHORITY UNDER PROCEDURES PRESCRIBED BY RULES AND REGULATIONS OF
S. 8305--B 120
THE AUTHORITY AND AFTER PROVIDING THE AUTHORITY WITH A TRUE COPY OF ITS
CURRENT LICENSE TO MANUFACTURE CIDER IN THE APPLICANT'S STATE OF DOMI-
CILE ALONG WITH A COPY OF THE APPLICANT'S FEDERAL BASIC PERMIT AFTER
PAYMENT OF AN ANNUAL FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS. NOTWITH-
STANDING THE PROVISIONS OF SECTION ONE HUNDRED TEN OF THIS CHAPTER, THE
AUTHORITY IN ITS DISCRETION, MAY EXCUSE AN OUT-OF-STATE CIDER PRODUCER
FROM THE SUBMISSION OF SUCH INFORMATION.
3. LICENSEE'S RESPONSIBILITIES. THE HOLDER OF AN OUT-OF-STATE DIRECT
SHIPPER'S LICENSE SHALL:
(A) SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS EACH
CASE) PER YEAR OF CIDER PRODUCED BY SUCH LICENSE HOLDER DIRECTLY TO A
NEW YORK STATE RESIDENT WHO IS AT LEAST TWENTY-ONE YEARS OF AGE, FOR
SUCH RESIDENT'S PERSONAL USE AND NOT FOR RESALE;
(B) ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP
CIDER DIRECTLY TO A NEW YORK RESIDENT IS CONSPICUOUSLY LABELED WITH THE
WORDS: "CONTAINS HARD CIDER--SIGNATURE OF PERSON AGE 21 OR OLDER
REQUIRED FOR DELIVERY--NOT FOR RESALE", OR WITH OTHER LANGUAGE SPECIF-
ICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY;
(C) MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY
DIRECT, SHOWING THE TOTAL AMOUNT OF CIDER SHIPPED INTO THE STATE EACH
CALENDAR YEAR; THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE
CIDER WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER
USED TO DELIVER THE CIDER, AND THE QUANTITY AND VALUE OF EACH SHIPMENT;
(D) IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF
CIDER TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRE-
SENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND
THAT THE CIDER BEING PURCHASED WILL NOT BE RESOLD OR INTRODUCED INTO
COMMERCE;
(E) REQUIRE COMMON CARRIERS TO:
(I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO
DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY
PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY
SECTION SIXTY-FIVE-B OF THIS CHAPTER;
(II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER
ACKNOWLEDGEMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND
(III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER
TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS
REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH;
(F) FILE RETURNS WITH AND PAY TO THE NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE ALL STATE AND LOCAL SALES TAXES AND EXCISE TAXES
DUE ON SALES INTO THIS STATE IN ACCORDANCE WITH THE APPLICABLE
PROVISIONS OF THE TAX LAW RELATING TO SUCH TAXES, THE AMOUNT OF SUCH
TAXES TO BE DETERMINED ON THE BASIS THAT EACH SALE IN THIS STATE WAS AT
THE LOCATION WHERE DELIVERY IS MADE;
(G) KEEP ALL RECORDS REQUIRED BY THIS SECTION FOR THREE YEARS AND
PROVIDE COPIES OF SUCH RECORDS, UPON WRITTEN REQUEST, TO THE AUTHORITY
OR THE DEPARTMENT OF TAXATION AND FINANCE;
(H) PERMIT THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE TO
PERFORM AN AUDIT OF SUCH OUT-OF-STATE SHIPPER UPON REQUEST;
(I) EXECUTE A WRITTEN CONSENT TO THE JURISDICTION OF THIS STATE, ITS
AGENCIES AND INSTRUMENTALITIES AND THE COURTS OF THIS STATE CONCERNING
ENFORCEMENT OF THIS SECTION AND ANY RELATED LAWS, RULES, OR REGULATIONS,
INCLUDING TAX LAWS, RULES OR REGULATIONS; AND
(J) PRIOR TO OBTAINING AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE,
OBTAIN A CERTIFICATE OF AUTHORITY PURSUANT TO SECTION ELEVEN HUNDRED
THIRTY-FOUR OF THE TAX LAW AND A REGISTRATION AS A DISTRIBUTOR PURSUANT
S. 8305--B 121
TO SECTIONS FOUR HUNDRED TWENTY-ONE AND FOUR HUNDRED TWENTY-TWO OF THE
TAX LAW.
4. SITUS. DELIVERY OF A SHIPMENT IN THIS STATE BY THE HOLDER OF AN
OUT-OF-STATE DIRECT SHIPPER'S LICENSE SHALL BE DEEMED TO CONSTITUTE A
SALE IN THIS STATE AT THE PLACE OF DELIVERY AND SHALL BE SUBJECT TO ALL
EXCISE TAXES LEVIED PURSUANT TO SECTION FOUR HUNDRED TWENTY-FOUR OF THE
TAX LAW AND ALL SALES TAXES LEVIED PURSUANT TO ARTICLES TWENTY-EIGHT AND
TWENTY-NINE OF SUCH LAW.
5. RENEWAL. THE OUT-OF-STATE SHIPPER MAY ANNUALLY RENEW ITS LICENSE
WITH THE AUTHORITY BY PAYING A ONE HUNDRED TWENTY-FIVE DOLLAR RENEWAL
FEE, PROVIDING THE AUTHORITY WITH A TRUE COPY OF ITS CURRENT LICENSE IN
SUCH OTHER STATE AS AN ALCOHOLIC BEVERAGE MANUFACTURER AND BY COMPLYING
WITH SUCH OTHER PROCEDURES AS ARE PRESCRIBED BY RULE OF THE AUTHORITY.
6. RULES AND REGULATIONS. THE AUTHORITY AND THE DEPARTMENT OF TAXATION
AND FINANCE MAY PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE
PURPOSES OF THIS SECTION.
7. ENFORCEMENT. THE AUTHORITY MAY ENFORCE THE REQUIREMENTS OF THIS
SECTION INCLUDING THE REQUIREMENTS IMPOSED ON THE COMMON CARRIER, BY
ADMINISTRATIVE PROCEEDINGS TO SUSPEND OR REVOKE AN OUT-OF-STATE SHIP-
PER'S LICENSE AND THE AUTHORITY MAY ACCEPT PAYMENT OF AN ADMINISTRATIVE
FINE IN LIEU OF SUSPENSION, SUCH PAYMENTS TO BE DETERMINED BY RULES OR
REGULATIONS PROMULGATED BY THE AUTHORITY. IN ADDITION, THE AUTHORITY OR
THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL REPORT VIOLATIONS OF
THIS SECTION, WHERE APPROPRIATE, TO THE UNITED STATES DEPARTMENT OF THE
TREASURY, TAX AND TRADE BUREAU, FOR ADMINISTRATIVE ACTION TO SUSPEND OR
REVOKE THE FEDERAL BASIC PERMIT.
8. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON
CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT
ACTS.
§ 59-C. DIRECT INTRASTATE CIDER SHIPMENTS. ANY PERSON HAVING APPLIED
FOR AND RECEIVED A LICENSE AS A CIDER PRODUCER OR FARM CIDERY UNDER
SECTION FIFTY-EIGHT OR FIFTY-EIGHT-C OF THIS ARTICLE, A FARM WINERY
UNDER SECTION SEVENTY-SIX-A OR SEVENTY-SIX-D OF THIS CHAPTER, OR A FARM
BREWERY UNDER SECTION FIFTY-ONE-A OF THIS CHAPTER MAY SHIP NO MORE THAN
THIRTY-SIX CASES (NO MORE THAN NINE LITERS PER CASE) OF CIDER PRODUCED
BY SUCH CIDER PRODUCER, FARM CIDERY, FARM WINERY OR FARM BREWERY PER
YEAR DIRECTLY TO A NEW YORK STATE RESIDENT WHO IS AT LEAST TWENTY-ONE
YEARS OF AGE, FOR SUCH RESIDENT'S PERSONAL USE AND NOT FOR RESALE.
1. LICENSEE'S SHIPPING RESPONSIBILITIES. NOTWITHSTANDING ANY PROVISION
TO THE CONTRARY CONTAINED IN THIS CHAPTER, ANY ABOVE REFERRED LICENSEE
SHALL:
(A) SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS) PER
YEAR OF CIDER PRODUCED BY SUCH LICENSE HOLDER DIRECTLY TO A NEW YORK
STATE RESIDENT WHO IS AT LEAST TWENTY-ONE YEARS OF AGE, FOR SUCH RESI-
DENT'S PERSONAL USE AND NOT FOR RESALE;
(B) ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP
CIDER DIRECTLY TO A NEW YORK STATE RESIDENT IS CONSPICUOUSLY LABELED
WITH THE WORDS: "CONTAINS HARD CIDER -- SIGNATURE OF PERSON AGE 21 OR
OLDER REQUIRED FOR DELIVERY -- NOT FOR RESALE", OR WITH OTHER LANGUAGE
SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY;
(C) MAINTAIN RECORDS IN SUCH MANNER AND FORM AS THE AUTHORITY MAY
DIRECT SHOWING THE TOTAL AMOUNT OF CIDER SHIPPED IN THE STATE EACH
CALENDAR YEAR, THE NAMES AND ADDRESSES OF THE PURCHASERS TO WHOM THE
CIDER WAS SHIPPED, THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER
USED TO DELIVER THE CIDER, AND THE QUANTITY AND VALUE OF EACH SHIPMENT.
S. 8305--B 122
SUCH RECORDS SHALL BE KEPT FOR THREE YEARS AND, UPON WRITTEN REQUEST, BE
PROVIDED TO THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE;
(D) IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF
CIDER TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRE-
SENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND
THAT THE CIDER BEING PURCHASED WILL NOT BE RESOLD OR INTRODUCED INTO
COMMERCE; AND
(E) REQUIRE COMMON CARRIERS TO:
(I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO
DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY
PROVIDING A VALID FORM OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY
SECTION SIXTY-FIVE-B OF THIS CHAPTER;
(II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER
ACKNOWLEDGMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND
(III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER
TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS
REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH.
2. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON
CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT
ACTS.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
PART FF
Section 1. Section 532 of the real property tax law is amended by
adding two new subdivisions (m) and (n) to read as follows:
(M) ALL STATE LANDS LOCATED WITHIN THE BOUNDARIES OF THE SOJOURNER
TRUTH STATE PARK IN THE COUNTY OF ULSTER, EXCLUSIVE OF THE IMPROVEMENTS
THEREON.
(N) ALL STATE LANDS LOCATED WITHIN THE BOUNDARIES OF THE FRANNY REESE
STATE PARK IN THE COUNTY OF ULSTER, EXCLUSIVE OF THE IMPROVEMENTS THERE-
ON.
§ 2. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on the basis of taxable status dates occurring on
and after the date on which this act shall have become a law.
PART GG
Section 1. Section 170-e of the executive law, as amended by chapter
123 of the laws of 2022, is amended to read as follows:
§ 170-e. Collection of demographic information. 1. Every state agency,
board, department, or commission that directly collects demographic data
as to the ancestry or ethnic origin of residents of the state of New
York shall use separate collection categories and tabulations for the
following Asian and Pacific Islander groups in New York state:
(a) each major Asian group shall include Chinese, Japanese, Filipino,
Korean, Vietnamese, Asian Indian, Bangladeshi, Pakistani, and all of the
ten most populous Asian groups in the most recent five-year American
community survey published by the United States Census Bureau; and
(b) each major Pacific Islander group shall include Native Hawaiian,
Guamanian and Chamorro, and Samoan; or
(c) collection categories shall include a category for other Asian or
Pacific Island group.
2. EVERY STATE AGENCY, BOARD, DEPARTMENT, OR COMMISSION THAT DIRECTLY
COLLECTS DEMOGRAPHIC DATA AS TO THE ANCESTRY OR ETHNIC ORIGIN OF RESI-
S. 8305--B 123
DENTS OF THE STATE OF NEW YORK SHALL USE SEPARATE COLLECTION CATEGORIES
AND TABULATIONS FOR THE WHITE GROUP IN NEW YORK STATE.
3. EVERY STATE AGENCY, BOARD, DEPARTMENT, OR COMMISSION THAT DIRECTLY
COLLECTS DEMOGRAPHIC DATA AS TO THE ANCESTRY OR ETHNIC ORIGIN OF RESI-
DENTS OF THE STATE OF NEW YORK SHALL USE SEPARATE COLLECTION CATEGORIES
AND TABULATIONS FOR THE FOLLOWING MIDDLE EASTERN OR NORTH AFRICAN GROUPS
IN NEW YORK STATE:
(A) EACH MAJOR NORTH AFRICAN (NA) GROUP, INCLUDING, BUT NOT LIMITED
TO, EGYPTIAN, MOROCCAN, ALGERIAN, TUNISIAN, AND LIBYAN; AND
(B) EACH MAJOR MIDDLE EASTERN (ME) GROUP, INCLUDING, BUT NOT LIMITED
TO, YEMENI, IRANIAN, PALESTINIAN, IRAQI, LEBANESE, ISRAELI, SYRIAN,
ARMENIAN, AND SAUDI; AND
(C) OTHER MIDDLE EASTERN AND NORTH AFRICAN (MENA) GROUPS, INCLUDING,
BUT NOT LIMITED TO, TRANSNATIONAL INDIGENOUS MENA COMMUNITIES LIKE
AMAZIGH AND SYRIAC PEOPLE.
4. Every state agency, board, department, or commission that directly
collects demographic data as to the ancestry or ethnic origin of resi-
dents of the state of New York shall use separate collection categories
and tabulations for the following:
(a) the primary language spoken at home; and
(b) the ethnic group or ancestry.
[3.] 5. Upon the release of a new five-year American community survey
published by the United States Census Bureau, every state agency, board,
department or commission shall update their data collection and report-
ing practices as required by this section and shall continue to collect
and report on any demographic group no longer included in the ten most
populous groups until the release of the following five-year American
community survey, at which time state agencies, boards, departments or
commissions may cease to collect and report on such demographic groups
provided they remain outside the ten most populous groups.
6. EVERY STATE AGENCY, BOARD, DEPARTMENT, OR COMMISSION THAT DIRECTLY
COLLECTS DEMOGRAPHIC DATA AS TO THE ANCESTRY OR ETHNIC ORIGIN OF RESI-
DENTS OF THE STATE OF NEW YORK SHALL ALLOW MULTIPLE COLLECTION CATEGO-
RIES TO BE SELECTED.
[4.] 7. The data collected pursuant to the different collection cate-
gories and tabulations described in subdivision one of this section, to
the degree that the data quality is sufficient, shall be included in
every demographic report on ancestry or ethnic origins of residents of
the state of New York by the state agency, board, department, or commis-
sion published or released on or after December first, two thousand
[twenty-three] TWENTY-FOUR; provided, however, that for the department
of labor, division of criminal justice services, office of mental health
and office of temporary and disability assistance such requirements
shall be effective July first, two thousand [twenty-four] TWENTY-FIVE.
The data shall be made available to the public in accordance with state
and federal law, except for personal identifying information, which
shall be deemed confidential, by posting the data on the internet web
site of the agency, board, department, or commission on or before Decem-
ber first, two thousand [twenty-three] TWENTY-FOUR, and annually there-
after; provided, however, that for the department of labor, division of
criminal justice services, office of mental health and office of tempo-
rary and disability assistance such requirements shall be effective July
first, two thousand [twenty-four] TWENTY-FIVE. If the data quality is
determined to be insufficient for publication, an explanation of the
problem with the data quality shall be included in any report or publi-
cation made available to the public. This subdivision shall not be
S. 8305--B 124
construed to prevent any other state agency from posting data collected
pursuant to subdivision one of this section on the agency's internet web
site, in the manner prescribed by this section.
[5.] 8. The requirements of this section shall not apply to the
department of labor, the division of criminal justice services, the
office of mental health or the office of temporary and disability
assistance until two years after this section shall have become a law.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART HH
Section 1. Short title. This act shall be known and may be cited as
the "Renewable Capitol Act".
§ 2. The executive law is amended by adding a new section 204 to read
as follows:
§ 204. RENEWABLE CAPITOL PROJECT. 1. FOR THE PURPOSE OF THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) THE "ADVISORY COMMITTEE" SHALL MEAN THE COMMITTEE ESTABLISHED
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION.
(B) THE "CLCPA" SHALL MEAN THE NEW YORK STATE CLIMATE LEADERSHIP AND
COMMUNITY PROTECTION ACT ENACTED AS CHAPTER ONE HUNDRED SIX OF THE LAWS
OF TWO THOUSAND NINETEEN, AS IT SHALL FROM TIME TO TIME BE AMENDED.
(C) "CO-POLLUTANTS" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI-
VISION THREE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
(D) "EMERGENCY GENERATOR" SHALL MEAN THE SET OF DIESEL GENERATORS
LOCATED ON SHERIDAN AVENUE IN ALBANY, NEW YORK AS OF THE EFFECTIVE DATE
OF THIS SECTION, THAT ARE INTENDED TO POWER THE EMPIRE STATE PLAZA
COMPLEX DURING AN EMERGENCY FAULT CONDITION CAUSING AN INTERRUPTION TO
NORMAL ELECTRICITY SERVICE FROM THE GRID.
(E) "EMPIRE STATE PLAZA COMPLEX" OR THE "COMPLEX" SHALL MEAN THE
COMPLEX OF STATE-OWNED BUILDINGS AND THE LAND THEREON IN ALBANY, NEW
YORK THAT UTILIZE THE STEAM DISTRIBUTION NETWORK OF THE SHERIDAN AVENUE
STEAM PLANT, INCLUDING WHAT ARE POPULARLY KNOWN AS EMPIRE STATE PLAZA,
THE STATE CAPITOL BUILDING, THE STATE MUSEUM, THE ALFRED E. SMITH BUILD-
ING, THE STATE EDUCATION BUILDING, THE SHERIDAN AVENUE STEAM PLANT, AND
THE FORMER ALBANY NEW YORK SOLID WASTE ENERGY RECOVERY SYSTEM INCINERA-
TOR BUILDING.
(F) "GREENHOUSE GAS" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SUBDIVISION SEVEN OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION
LAW.
(G) THE "LOCAL COMMUNITY" SHALL MEAN THE PORTION OF ALBANY, NEW YORK
DESIGNATED AS THE LOCAL COMMUNITY UNDER THE PLAN, WHICH SHALL INCLUDE,
AT A MINIMUM, THE ALBANY SHERIDAN HOLLOW, ARBOR HILL, CENTER SQUARE,
MANSION, WASHINGTON PARK, WEST HILL AND SOUTH END NEIGHBORHOODS.
(H) "NYSERDA" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY CREATED UNDER SECTION EIGHTEEN HUNDRED FIFTY-TWO OF THE
PUBLIC AUTHORITIES LAW.
(I) THE "OFFICE OF GENERAL SERVICES" OR THE "OFFICE" SHALL MEAN THE
AGENCY CREATED UNDER SECTION TWO HUNDRED OF THIS ARTICLE.
(J) THE "EMPIRE STATE PLAZA DECARBONIZATION PLAN" OR "PLAN" SHALL MEAN
THE PLAN SET FORTH IN SUBDIVISION THREE OF THIS SECTION, AND MANDATED BY
THIS SECTION AND SECTION NINETY-ONE OF THE PUBLIC BUILDINGS LAW.
S. 8305--B 125
(K) THE "PROJECT" SHALL MEAN THE WORK ON THE EMPIRE STATE PLAZA
COMPLEX MANDATED BY THIS SECTION AND SECTION NINETY-ONE OF THE PUBLIC
BUILDINGS LAW.
(L) A "POWER PURCHASE AGREEMENT" SHALL MEAN AN AGREEMENT BETWEEN TWO
PARTIES, THE SELLER AND THE BUYER, TO ENTER INTO A CONTRACTUAL OBLI-
GATION FOR THE PURCHASE OF ELECTRICITY.
(M) "RENEWABLE ENERGY SYSTEMS" MEANS SYSTEMS THAT ENTIRELY GENERATE
ELECTRICITY OR THERMAL ENERGY THROUGH USE OF THE FOLLOWING TECHNOLOGIES:
SOLAR THERMAL, PHOTOVOLTAICS, ON LAND AND OFFSHORE WIND, HYDROELECTRIC,
GEOTHERMAL ELECTRIC, GEOTHERMAL GROUND SOURCE HEAT, TIDAL ENERGY, WAVE
ENERGY, OCEAN THERMAL, AND FUEL CELLS WHICH DO NOT UTILIZE A FOSSIL FUEL
RESOURCE IN THE PROCESS OF GENERATING ELECTRICITY OR THERMAL ENERGY.
(N) "SHERIDAN AVENUE STEAM PLANT" SHALL MEAN THE STEAM PLANT FACILITY
OWNED BY NEW YORK STATE LOCATED AS OF THE TIME OF THE EFFECTIVE DATE OF
THIS SECTION AT 79 SHERIDAN AVENUE IN ALBANY, NEW YORK.
2. (A) WITHIN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE POWER AUTHORITY
OF THE STATE OF NEW YORK, SHALL ENSURE THAT ALL OPERATIONS THAT POWER,
HEAT OR COOL THE EMPIRE STATE PLAZA COMPLEX SHALL ENTIRELY USE RENEWABLE
ENERGY SYSTEMS. IN SATISFYING THIS REQUIREMENT, THE OFFICE MAY DEMON-
STRATE THAT THE AMOUNT OF ELECTRICAL ENERGY CREDITED TO THE COMPLEX
ANNUALLY FROM RENEWABLE SOURCES THROUGH A POWER PURCHASE AGREEMENT OR
SIMILAR INSTRUMENT IS NOT LESS THAN THE AMOUNT OF ELECTRICAL ENERGY
CONSUMED ANNUALLY BY THE COMPLEX. NOTWITHSTANDING THIS MANDATE, THE
EMERGENCY GENERATOR SHALL BE PERMITTED TO UTILIZE NON-RENEWABLE ENERGY,
BUT THE OFFICE SHALL BE EMPOWERED TO RETIRE OR CONVERT THE EMERGENCY
GENERATOR TO WHOLLY OR ENTIRELY UTILIZE RENEWABLES IF POSSIBLE.
(B) THE PROJECT AND THE EMPIRE STATE PLAZA COMPLEX SHALL COMPLY WITH
THE CLCPA, AND ANY RULES AND REGULATIONS ISSUED THEREUNDER, AND, IN
PARTICULAR, SECTION SEVEN OF SUCH LAW; THE STATEWIDE GREENHOUSE GAS
EMISSIONS LIMITS SET FORTH IN SECTION 75-0107 OF THE ENVIRONMENTAL
CONSERVATION LAW; AND THE TARGETS ESTABLISHED IN SUBDIVISION TWO OF
SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW. NOTHING IN THIS PARAGRAPH
SHALL PRECLUDE THE OFFICE FROM MANDATING LOWER GREENHOUSE GAS EMISSIONS
LIMITS OR COMPLIANCE WITH GREENHOUSE GAS EMISSIONS LIMITS IN A SHORTER
TIMEFRAME THAN SET FORTH IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSER-
VATION LAW, OR IN MANDATING A HIGHER PERCENTAGE OF RENEWABLES OR IN A
SHORTER TIMEFRAME THAN IN SUBDIVISION TWO OF SECTION SIXTY-SIX-P OF THE
PUBLIC SERVICE LAW. EXCEPT IN REGARD TO THE PROVISION REGARDING TO THE
EMERGENCY GENERATOR AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION,
ANY ACTION TAKEN IN FURTHERANCE OF THE PROJECT THAT LEADS TO ANY
INCREASE IN THE EMISSIONS OF GREENHOUSE GASES SHALL BE DEEMED INCONSIST-
ENT WITH AND IN INTERFERENCE WITH THE ATTAINMENT OF THE STATEWIDE GREEN-
HOUSE GAS EMISSIONS LIMITS ESTABLISHED IN ARTICLE SEVENTY-FIVE OF THE
ENVIRONMENTAL CONSERVATION LAW AND THEREFORE SHALL TRIGGER THE PROCESS
SET FORTH IN SUBDIVISION TWO OF SECTION SEVEN OF THE CLCPA.
3. (A) WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE
OFFICE SHALL ESTABLISH AN ADVISORY COMMITTEE TO ADVISE IT ON THE PREPA-
RATION, DESIGN AND CONTENT OF THE PLAN. SUCH PLAN SHALL BE COMPLETED NO
LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. THE ADVISORY
COMMITTEE SHALL CONSIST OF THE COMMISSIONER OF THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION AND THE CHIEF EXECUTIVE OFFICER OF NYSERDA, OR
THEIR DESIGNEES, AND ADDITIONAL MEMBERS WHICH SHALL BE APPOINTED BY SUCH
COMMISSIONER IN CONSULTATION WITH SUCH CHIEF EXECUTIVE OFFICER, AS
FOLLOWS: THREE REPRESENTATIVES OF ALBANY COMMUNITY ORGANIZATIONS, AT
LEAST TWO OF WHICH ARE FROM ORGANIZATIONS WHOSE MISSION, IN WHOLE OR IN
S. 8305--B 126
PART, IS TO REPRESENT THE INTERESTS OF THE ARBOR HILL AND/OR SHERIDAN
HOLLOW NEIGHBORHOODS IN ALBANY; TWO ADDITIONAL REPRESENTATIVES OF LOCAL
ENVIRONMENTAL JUSTICE ORGANIZATIONS; ONE INDIVIDUAL NOT EMPLOYED BY NEW
YORK STATE WITH RECOGNIZED EXPERTISE IN RENEWABLE ENERGY; A REPRESEN-
TATIVE OF LABOR ORGANIZATIONS; A SCIENTIST WITH EXPERTISE IN ENERGY AND
CLIMATE POLICY; AN ENGINEER WITH EXPERTISE IN ENERGY (INCLUDING GEOTHER-
MAL) AND CLIMATE POLICY; AND THE MAYOR OF ALBANY OR HIS OR HER DESIGNEE.
THE ADVISORY COMMITTEE SHALL MEET AT LEAST THREE TIMES ANNUALLY, OR
ADDITIONAL TIMES AS THE COMMITTEE SHALL BY MAJORITY VOTE DETERMINE. AT
SUCH MEETINGS, WHICH SHALL BE OPEN TO THE PUBLIC, THE OFFICE, AMONG
OTHER THINGS, SHALL REPORT ON THE PROGRESS MADE IN COMPLETING THE
PROJECT AND OTHERWISE IMPLEMENTING THIS SECTION. THE ADVISORY COMMITTEE
MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE
REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF THEIR DUTIES. ALL AGENCIES OF THE STATE OR SUBDIVISIONS
THEREOF MAY, AT THE REQUEST OF THE ADVISORY PANEL OR THE OFFICE, PROVIDE
THE ADVISORY PANEL WITH SUCH FACILITIES, ASSISTANCE AND DATA AS WILL
ENABLE THE ADVISORY PANEL TO CARRY OUT ITS POWERS AND DUTIES.
(B) EACH MEMBER OF THE ADVISORY COMMITTEE SHALL BE ENTITLED TO ONE
VOTE. NO ACTION MAY BE TAKEN BY THE ADVISORY COMMITTEE UNLESS THERE IS
A QUORUM, WHICH SHALL AT ALL TIMES BE A MAJORITY OF THE MEMBERS OF THE
COMMITTEE.
(C) THE OFFICE SHALL RETAIN A THIRD PARTY TO PERFORM AN ENGINEERING
STUDY TO BE COMPLETED WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE
DATE OF THIS SECTION, WHICH SHALL CONSIDER THE MATTERS SET FORTH IN
PARAGRAPH (F) OF THIS SUBDIVISION AND ANY OTHER MATTERS CONSISTENT WITH
THIS SECTION THAT THE OFFICE SHALL DIRECT. FOR THE PURPOSES OF THIS
PARAGRAPH, THE TERM "THIRD PARTY" SHALL MEAN A PROFESSIONAL ENGINEER,
NOT EMPLOYED BY THE STATE OF NEW YORK, OR AN ENGINEERING FIRM, PROVIDED
THAT NONE OF THE ENGINEERS EMPLOYED BY SUCH FIRM SHALL ALSO BE EMPLOYED
BY THE STATE OF NEW YORK.
(D) THE OFFICE SHALL BE TRANSPARENT IN ITS WORK TO DEVELOP THE PLAN
AND SHALL MAINTAIN A WEBSITE WHERE A DRAFT PLAN AND OTHER DOCUMENTS
RELEVANT TO ITS DEVELOPMENT SHALL BE POSTED FOR PUBLIC REVIEW AT LEAST
FOURTEEN DAYS PRIOR TO THE FIRST OF THE PUBLIC HEARINGS MANDATED BY THIS
PARAGRAPH. THE ADVISORY COMMITTEE SHALL HOLD AT LEAST TWO PUBLIC HEAR-
INGS AT LEAST SIXTY DAYS PRIOR TO THE RELEASE OF THE FINAL PLAN, OF
WHICH ONE SHALL BE HELD IN THE ARBOR HILL OR SHERIDAN HOLLOW NEIGHBOR-
HOODS AND ONE SHALL BE HELD DURING THE EVENING OR WEEKEND HOURS. THE
ADVISORY COMMITTEE SHALL MAKE PROVISIONS FOR ONLINE AND TELEPHONIC
ATTENDANCE AND PARTICIPATION. AT SUCH PUBLIC HEARINGS, THE DRAFT PLAN
SHALL BE MADE AVAILABLE IN WRITTEN FORM FOR THOSE PHYSICALLY ATTENDING.
PROVISIONS SHALL ALSO BE MADE FOR WRITTEN COMMENTS ON THE DRAFT PLAN.
(E) THE PLAN SHALL CONTAIN RECOMMENDATIONS ON REGULATORY MEASURES AND
OTHER STATE ACTIONS TO ENSURE THAT THE MANDATES IN SUBDIVISIONS TWO AND
THREE OF THIS SECTION AND SECTION NINETY-ONE OF THE PUBLIC BUILDINGS LAW
ARE MET. THE MEASURES AND ACTIONS SET FORTH IN THE PLAN SHALL INCLUDE:
I. A TIMELINE FOR PLANNED STEPS TOWARD THE COMPLETION OF THE PROJECT,
INCLUDING, BUT NOT LIMITED TO CONSTRUCTION OF THE PROJECT AND OBTAINING
THE NECESSARY PERMITS TO BEGIN OPERATION. THE TIMELINE SHOULD MAXIMIZE
THE POTENTIAL FOR ACHIEVING, AND IF FEASIBLE MAKING GREATER EMISSIONS
REDUCTIONS THAN THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS SET FORTH
IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSERVATION LAW AND MEETING THE
OTHER MANDATES OF THE CLCPA;
S. 8305--B 127
II. MEASURES TO MAXIMIZE THE BENEFITS TO THE LOCAL COMMUNITY, INCLUD-
ING PRIORITIZING THE REDUCTION OF GREENHOUSE GASES AND CO-POLLUTANTS AND
IMPROVING PUBLIC HEALTH IN THE LOCAL COMMUNITY;
III. MEASURES TO OPTIMIZE THERMAL LOAD SHARING, ENERGY EFFICIENCY,
DEMAND RESPONSE, AND ENERGY CONSERVATION;
IV. COMPREHENSIVE CONSIDERATION OF RENEWABLE HEAT EXCHANGE SYSTEMS OR
A COMBINATION OF SUCH SYSTEMS TO MEET THE HEATING AND COOLING NEEDS OF
THE EMPIRE STATE PLAZA COMPLEX, INCLUDING BUT NOT LIMITED TO: GEOTHERMAL
HEAT EXCHANGE WITH THE EARTH, GEOTHERMAL HEAT EXCHANGE WITH THE HUDSON
RIVER, OPEN-LOOP AND CLOSED-LOOP GEOTHERMAL HEAT EXCHANGE WITH THE AQUI-
FER, HEAT EXCHANGE WITH POTABLE WATER SUPPLIES, HEAT RECOVERY FROM
WASTEWATER SOURCES, AIR-SOURCE HEAT PUMP TECHNOLOGY, AND THERMAL STOR-
AGE, PROVIDED THAT SUCH SYSTEMS DO NOT USE COMBUSTION-BASED OR FOSSIL
FUEL ENERGY;
V. PRIORITIZATION OF ELECTRICITY PROCUREMENT FROM RENEWABLE SOURCES
WITHIN NEW YORK INDEPENDENT SYSTEM OPERATOR (NYISO) ZONE F, ESPECIALLY
SOURCES MOST CAPABLE OF PROVIDING ELECTRICITY SERVING REAL-TIME LOAD
CONDITIONS OF THE EMPIRE STATE PLAZA COMPLEX. THIS SHALL INCLUDE, BUT
NOT BE LIMITED TO, CONSIDERATION OF PROJECTS THAT EXPAND ELECTRICITY
GENERATION FROM ECOLOGICALLY-RESPONSIBLE, RUN-OF-THE-RIVER HYDROELECTRIC
FACILITIES WITHIN THE REGION; AND
VI. ELECTRICITY SERVICE UPGRADES FOR THE EMPIRE STATE PLAZA COMPLEX
NECESSARY TO SUPPORT MEASURES IDENTIFIED IN THIS SECTION.
(F) IN DESIGNING THE PLAN, THE OFFICE SHALL BE GUIDED BY ANY RECOMMEN-
DATIONS CONTAINED IN THE ENGINEERING STUDY MANDATED BY PARAGRAPH (C) OF
THIS SUBDIVISION, AND ANY COMMENTS OR RECOMMENDATIONS MADE BY THE ADVI-
SORY COMMITTEE, INCLUDING AS TO SUCH ENGINEERING STUDY. SUCH ADVISORY
COMMITTEE SHALL ALSO BE ENTITLED TO REJECT OR MODIFY ANY RECOMMENDATION
UPON A FINDING THAT SUCH RECOMMENDATION WOULD BE INCONSISTENT WITH OR
WILL INTERFERE WITH THE ATTAINMENT OF THE STATEWIDE GREENHOUSE GAS EMIS-
SIONS LIMITS ESTABLISHED IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
CONSERVATION LAW, THE CLIMATE JUSTICE PROVISIONS OF THE CLCPA, ANY RULES
OR REGULATIONS ISSUED THEREUNDER, OR THIS SECTION. IF THE ADVISORY
COMMITTEE REJECTS OR MODIFIES ANY RECOMMENDATION, THE ORIGINAL VERSION
OF THE RECOMMENDATIONS AS SET FORTH IN THE ENGINEERING STUDY SHALL
PRESUMPTIVELY NOT BE CONSIDERED BY THE OFFICE, UNLESS SUBSTANTIAL
EVIDENCE EXISTS TO SUPPORT THE STUDY'S INITIAL RECOMMENDATIONS.
(G) THE PLAN SHALL DESIGNATE THE GEOGRAPHIC BOUNDARIES OF THE LOCAL
COMMUNITY. IN DESIGNATING SUCH BOUNDARIES, WHICH SHALL INCLUDE THE ALBA-
NY SHERIDAN HOLLOW, ARBOR HILL, CENTER SQUARE, MANSION, WASHINGTON PARK,
WEST HILL, AND SOUTH END NEIGHBORHOODS, THE OFFICE SHALL CONSIDER
INCLUDING IN ITS DESIGNATION ANY OTHER COMMUNITIES THAT EXPERIENCE
IMPACTS ON THEIR WATER, AIR QUALITY, NOISE AND TRAFFIC FROM THE EMPIRE
STATE PLAZA COMPLEX.
(H) ANY PROJECT THAT MAY BE FUNDED AS A RESULT OF THE RENEWABLE CAPI-
TOL PROJECT COMPLETED PURSUANT TO THIS SECTION SHALL: I. BE DEEMED A
PUBLIC WORK PROJECT SUBJECT TO ARTICLE EIGHT OF THE LABOR LAW; II.
REQUIRE THAT THE COMPONENT PARTS OF ANY RENEWABLE CAPITOL PROJECT ARE
PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS
TERRITORIES OR POSSESSIONS, SUBJECT TO A WAIVER PROVISION SIMILAR TO THE
ONE CONTAINED IN SUBDIVISION TWO OF SECTION SIXTY-SIX-S OF THE PUBLIC
SERVICE LAW; III. CONTAIN A REQUIREMENT THAT ANY PUBLIC OWNER OR THIRD
PARTY ACTING ON BEHALF OF A PUBLIC OWNER ENTER INTO A PROJECT LABOR
AGREEMENT AS DEFINED BY SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW
FOR ALL CONSTRUCTION WORK; AND IV. REQUIRE THE PAYMENT OF PREVAILING
WAGE STANDARDS CONSISTENT WITH ARTICLE NINE OF THE LABOR LAW FOR
S. 8305--B 128
BUILDING SERVICES WORK. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, ALL RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF
EMPLOYMENT, AND PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING
STATUS OF ALL EXISTING PUBLIC EMPLOYEES AND THE WORK JURISDICTION,
COVERED JOB TITLES, AND WORK ASSIGNMENTS, SET FORTH IN THE CIVIL SERVICE
LAW AND COLLECTIVE BARGAINING AGREEMENTS WITH LABOR ORGANIZATIONS
REPRESENTING PUBLIC EMPLOYEES SHALL BE PRESERVED AND PROTECTED. ANY SUCH
PROJECT SHALL NOT RESULT IN THE: (A) DISPLACEMENT OF ANY CURRENTLY
EMPLOYED WORKER OR LOSS OF POSITION (INCLUDING PARTIAL DISPLACEMENT AS
SUCH A REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT
BENEFITS) OR RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING
AGREEMENTS; (B) TRANSFER OF EXISTING DUTIES AND FUNCTIONS RELATED TO
MAINTENANCE AND OPERATIONS CURRENTLY PERFORMED BY EXISTING EMPLOYEES OF
AUTHORIZED ENTITIES TO A CONTRACTING ENTITY; OR (C) TRANSFER OF FUTURE
DUTIES AND FUNCTIONS ORDINARILY PERFORMED BY EMPLOYEES OF AUTHORIZED
ENTITIES TO A CONTRACTING ENTITY.
(I) IN THE CASE OF ANY CONFLICT AS TO THE REQUIREMENTS OF THIS SECTION
AND SECTION NINETY-ONE OF THE PUBLIC BUILDINGS LAW IN REGARD TO THE
PROJECT, THIS SECTION SHALL PREVAIL.
§ 3. The tenth undesignated paragraph of section 1005 of the public
authorities law, as added by chapter 55 of the laws of 1992, is amended
to read as follows:
The authority is further authorized, as deemed feasible and advisable
by the trustees, to acquire, maintain, manage, operate, improve and
reconstruct as a project or projects of the authority one or both of the
steam generation facilities owned by the state known as the Sheridan
[avenue] AVENUE steam [generating] plant [on Sheridan avenue in the city
of Albany and used to supply steam to state facilities], together with
any properties, buildings and equipment at the sites thereof or ancil-
lary thereto, for the generation and sale of thermal energy and the
cogeneration and sale of electricity for use by facilities of the state
within the county of Albany. All the authority's costs, including its
acquisition, capital, operating and maintenance costs, shall be recov-
ered fully from the customers receiving service from such project or
projects. Thermal energy and electricity not required by the state may
be sold by the authority to others. The authority is not authorized to
use refuse or refuse-derived fuel in operating the project or projects.
AS OF THE TIME PERIOD SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION TWO OF
SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW, ALL OF THE ENERGY,
INCLUDING BUT NOT LIMITED TO HEAT, COOLING AND ELECTRICITY, PRODUCED AT
THE SHERIDAN AVENUE STEAM PLANT SHALL UTILIZE RENEWABLE ENERGY SYSTEMS.
Any agreement for such acquisition shall insure that the authority is
not liable or otherwise responsible for circumstances arising from the
prior operation of such facilities. The acquisition and purchase of such
land, buildings and equipment by the authority, and any actions taken to
effect such acquisition and purchase, are hereby exempt from the
provisions of article eight of the environmental conservation law. The
application of such exemption shall be strictly limited to the acquisi-
tion and purchase of such land, buildings and equipment by the authority
and such agreements with the state. Nothing herein shall exempt the
authority from otherwise applicable laws respecting the expansion,
conversion, operation and maintenance of such land, buildings and equip-
ment. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS "RENEWABLE ENERGY
SYSTEMS" AND "SHERIDAN AVENUE STEAM PLANT" SHALL HAVE THE SAME MEANINGS
AS IN SUBDIVISION ONE OF SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW.
S. 8305--B 129
§ 4. Subdivisions 2 and 3 of section 90 of the public buildings law,
as added by section 5 of part RR of chapter 56 of the laws of 2023, are
amended to read as follows:
2. "Decarbonization" and "decarbonize" means eliminating all on-site
combustion of fossil-fuels and associated co-pollutants with the excep-
tion of back-up emergency generators and redundant systems needed to
address public health, safety and security, providing heating and cool-
ing through thermal energy, and thermal energy networks, from non-com-
bustion sources, and to the greatest extent feasible producing on-site
electricity that is one hundred percent renewable. NOTWITHSTANDING THE
PROVISIONS OF THIS SUBDIVISION, FOR PURPOSES OF THE EMPIRE STATE PLAZA
COMPLEX, SUCH TERM SHALL MEAN MEETING THE REQUIREMENTS OF SUBDIVISIONS
TWO AND THREE OF SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW, AND
SECTION NINETY-ONE OF THIS ARTICLE, AS SUCH REQUIREMENTS ARE APPLICABLE
TO THE EMPIRE STATE PLAZA COMPLEX.
3. "Highest-emitting facilities" means state-owned facilities that are
among the highest producers of greenhouse gas emissions and collectively
account for at least thirty percent of the greenhouse gas emissions as
recorded by the authority's Build Smart NY program established pursuant
to Executive Order 88 of 2012. NOTWITHSTANDING THE PROVISIONS OF THIS
SUBDIVISION, ONE OF SUCH FACILITIES SHALL BE THE EMPIRE STATE PLAZA
COMPLEX. FOR PURPOSES OF THIS ARTICLE, THE "EMPIRE STATE PLAZA COMPLEX"
SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION
ONE OF SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW.
§ 5. The opening paragraph and paragraph (g) of subdivision 1 and
subdivision 2 of section 91 of the public buildings law, as added by
section 5 of part RR of chapter 56 of the laws of 2023, are amended and
a new paragraph (l) is added to subdivision 1 to read as follows:
The authority is hereby authorized and directed to establish decarbon-
ization action plans for fifteen of the highest-emitting facilities that
will serve as a basis for decarbonizing the facilities to the maximum
extent practicable, and subject to any needed redundant systems and
back-up systems needed for public safety and security. [Decarboniza-
tion] EXCEPT AS PROVIDED IN PARAGRAPH (H) OF SUBDIVISION THREE OF
SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW, DECARBONIZATION action
plans shall address the following matters at a minimum:
(g) [Identification] EXCEPT FOR THE EMPIRE STATE PLAZA DECARBONIZATION
PLAN, IDENTIFICATION of any parts of the facilities that cannot be
decarbonized, with explanations.
(L) IN THE CASE OF THE EMPIRE STATE PLAZA COMPLEX DECARBONIZATION
ACTION PLAN, THE ITEMS LISTED IN PARAGRAPH (F) OF SUBDIVISION THREE OF
SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW.
2. [The] EXCEPT FOR THE DECARBONIZATION PLAN FOR THE EMPIRE STATE
PLAZA COMPLEX, THE authority shall complete the decarbonization action
plans no later than January thirty-first, two thousand twenty-six,
provided that such date shall be extended for justifiable delay outside
the control of the authority, including, but not limited to, previously
planned or current major renovations or replacements to the facilities,
delayed permitting or approval by building owners, local authorities, or
other essential parties, external resource bottlenecks, pending or unre-
solved investigations into utility grid capacity or similar circum-
stances where crucial information is not yet available or determined.
Such extension shall be limited to the time necessary to address the
factors causing such delay. THE EMPIRE STATE DECARBONIZATION PLAN SHALL
BE COMPLETED BY JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AND NO
EXCLUSIONS FOR JUSTIFIABLE DELAYS SHALL BE PERMITTED.
S. 8305--B 130
§ 6. Subdivisions 5, 6 and 7 of section 91 of the public buildings law
are renumbered subdivisions 6, 7 and 8, and a new subdivision 5 is added
to read as follows:
5. THE AUTHORITY SHALL BE AUTHORIZED TO USE THE FUNDING PROVIDED IN
SUBDIVISION FOUR OF THIS SECTION TO PREPARE THE DECARBONIZATION ACTION
PLAN FOR THE EMPIRE STATE PLAZA COMPLEX, TO UPDATE OR MODIFY ANY STUDY
OR PLAN UNDERTAKEN, WITH THE GOAL, IN WHOLE OR IN PART OF REDUCING
GREENHOUSE GAS EMISSIONS APPLICABLE TO SUCH COMPLEX, OR TO PERFORM THE
ENGINEERING STUDY MANDATED BY PARAGRAPH (D) OF SUBDIVISION THREE OF
SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW, PROVIDED THAT SUCH PLAN
OR STUDY IN THE VIEW OF THE AUTHORITY WOULD PROVIDE INFORMATION USEFUL
FOR ACHIEVING THE PURPOSES OF SUCH SECTION.
§ 7. This act shall take effect immediately.
PART II
Section 1. Subdivision b of section 448 of the retirement and social
security law is amended by adding a new paragraph 3 to read as follows:
3. PROVIDED FURTHER, NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTI-
CLE TO THE CONTRARY, WHERE THE MEMBER IS IN A TITLE AS DEFINED IN SUBDI-
VISION I OF SECTION EIGHTY-NINE OF THIS CHAPTER, AND WOULD HAVE BEEN
ENTITLED TO A SERVICE RETIREMENT BENEFIT AT THE TIME OF SUCH MEMBER'S
DEATH AND WHERE SUCH MEMBER'S DEATH OCCURS ON OR AFTER JULY FIRST, TWO
THOUSAND TWENTY-FOUR, THE BENEFICIARY OR BENEFICIARIES NOMINATED FOR THE
PURPOSES OF THIS SUBDIVISION MAY ELECT TO RECEIVE, IN A LUMP SUM, AN
AMOUNT PAYABLE WHICH SHALL BE EQUAL TO THE PENSION RESERVE THAT WOULD
HAVE BEEN ESTABLISHED HAD THE MEMBER RETIRED ON THE DATE OF SUCH
MEMBER'S DEATH, OR THE VALUE OF THE DEATH BENEFIT AND THE RESERVE-FOR-
INCREASED-TAKE-HOME-PAY, IF ANY, WHICHEVER IS GREATER.
§ 2. Subdivision b of section 508 of the retirement and social securi-
ty law, as amended by chapter 476 of the laws of 2018, is amended to
read as follows:
b. A member of a retirement system subject to the provisions of this
article who is a police officer, firefighter, correction officer, inves-
tigator revised plan member or sanitation worker and is in a plan which
permits immediate retirement upon completion of a specified period of
service without regard to age or who is subject to the provisions of
section five hundred four or five hundred five of this article, shall
upon completion of ninety days of service be covered for financial
protection in the event of death in service pursuant to this subdivi-
sion.
1. Such death benefit shall be equal to three times the member's sala-
ry raised to the next highest multiple of one thousand dollars, but in
no event shall it exceed three times the maximum salary specified in
section one hundred thirty of the civil service law or, in the case of a
member of a retirement system other than the New York city employees'
retirement system, or in the case of a member of the New York city
employees' retirement system who is a New York city uniformed
correction/sanitation revised plan member or an investigator revised
plan member, the specific limitations specified for age of entrance into
service contained in subparagraphs (b), (c), (d), (e) and (f) of para-
graph two of subdivision a of this section.
2. PROVIDED FURTHER, NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTI-
CLE TO THE CONTRARY, WHERE THE MEMBER IS IN A TITLE AS DEFINED IN SUBDI-
VISION I OF SECTION EIGHTY-NINE OF THIS CHAPTER, AND WOULD HAVE BEEN
ENTITLED TO A SERVICE RETIREMENT BENEFIT AT THE TIME OF SUCH MEMBER'S
S. 8305--B 131
DEATH AND WHERE SUCH MEMBER'S DEATH OCCURS ON OR AFTER JULY FIRST, TWO
THOUSAND TWENTY-FOUR, THE BENEFICIARY OR BENEFICIARIES NOMINATED FOR THE
PURPOSES OF THIS SUBDIVISION MAY ELECT TO RECEIVE, IN A LUMP SUM, AN
AMOUNT PAYABLE WHICH SHALL BE EQUAL TO THE PENSION RESERVE THAT WOULD
HAVE BEEN ESTABLISHED HAD THE MEMBER RETIRED ON THE DATE OF SUCH
MEMBER'S DEATH, OR THE VALUE OF THE DEATH BENEFIT AND THE RESERVE-FOR-
INCREASED-TAKE-HOME-PAY, IF ANY, WHICHEVER IS GREATER.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would modify the in-service death benefit for retirement
eligible members of the New York State and Local Employees' Retirement
System who are employed by New York State as correction officers and
security hospital treatment assistants. The in-service death benefit
will be the value of the pension reserve as if the member had retired on
their date of death.
If this bill is enacted during the 2024 Legislative Session, we antic-
ipate that there will be an increase of approximately $1.7 million in
the annual contributions of the State of New York for the fiscal year
ending March 31, 2025. In future years this cost will vary but is
expected to average 0.1% of salary annually.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $10.4 million which will
be borne by the State of New York as a one-time payment. This estimate
assumes that payment will be made on March 1, 2025.
These estimated costs are based on 17,000 affected members employed by
the State of New York, with annual salary of approximately $1.6 billion
as of March 31, 2023.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 25, 2024, and intended for use only
during the 2024 Legislative Session, is Fiscal Note No. 2024-97,
prepared by the Actuary for the New York State and Local Retirement
System.
PART JJ
Section 1. Subdivisions a and b of section 512 of the retirement and
social security law, subdivision a as amended by chapter 298 of the laws
of 2016, and subdivision b as amended by chapter 18 of the laws of 2012,
are amended to read as follows:
S. 8305--B 132
a. A member's final average salary shall be the average wages earned
by such a member during any three consecutive years which provide the
highest average wage; provided, however, if the wages earned during any
year included in the period used to determine final average salary
exceeds that of the average of the previous two years by more than ten
percent, the amount in excess of ten percent shall be excluded from the
computation of final average salary. [Notwithstanding the preceding
provisions of this subdivision to the contrary, for a member who first
becomes a member of the New York state and local employees' retirement
system on or after April first, two thousand twelve, or for a New York
city police/fire revised plan member, a New York city enhanced plan
member who receives the ordinary disability benefit provided for in
subdivision c-1 of section five hundred six of this article or the acci-
dental disability benefit provided for in paragraph three of subdivision
c of section five hundred seven of this article, a New York city
uniformed correction/sanitation revised plan member or an investigator
revised plan member, a member's final average salary shall be the aver-
age wages earned by such a member during any five consecutive years
which provide the highest average wage; provided, however, if the wages
earned during any year included in the period used to determine final
average salary exceeds that of the average of the previous four years by
more than ten percent, the amount in excess of ten percent shall be
excluded from the computation of final average salary.] In determining
final average salary pursuant to any provision of this subdivision,
where the period used to determine final average salary is the period
which immediately precedes the date of retirement, any month or months
(not in excess of twelve) which would otherwise be included in computing
final average salary but during which the member was on authorized leave
of absence at partial pay or without pay shall be excluded from the
computation of final average salary and the month or an equal number of
months immediately preceding such period shall be substituted in lieu
thereof.
b. Notwithstanding the provisions of subdivision a of this section,
with respect to members of the New York state employees' retirement
system [who first become members of the New York state and local employ-
ees' retirement system before April first, two thousand twelve], the New
York state and local police and fire retirement system and the New York
city teachers' retirement system, a member's final average salary shall
be equal to one-third of the highest total wages earned during any
continuous period of employment for which the member was credited with
three years of service credit; provided, however, if the wages earned
during any year of credited service included the period used to deter-
mine final average salary exceeds the average of the wages of the previ-
ous two years of credited service by more than ten percent, the amount
in excess of ten percent shall be excluded from the computation of final
average salary. [For members who first become a member of the New York
state and local employees' retirement system on or after April first,
two thousand twelve, with respect to members of the New York state and
local employees' retirement system, a member's final average salary
shall be equal to one-fifth of the highest total wages earned during any
continuous period of employment for which the member was credited with
five years of service credit; provided, however, if the wages earned
during any year of credited service included the period used to deter-
mine final average salary exceeds the average of the wages of the previ-
ous four years of credited service by more than ten percent, the amount
S. 8305--B 133
in excess of ten percent shall be excluded from the computation of final
average salary.]
§ 2. Subdivisions a and b of section 608 of the retirement and social
security law, as amended by chapter 18 of the laws of 2012, are amended
to read as follows:
a. [For members who first become members of a public retirement system
of the state before April first, two thousand twelve, a] A member's
final average salary shall be the average wages earned by such a member
during any three consecutive years which provide the highest average
wage; provided, however, if the wages earned during any year included in
the period used to determine final average salary exceeds that of the
average of the previous two years by more than ten percent, the amount
in excess of ten percent shall be excluded from the computation of final
average salary. [For members who first become members of the New York
state and local employees' retirement system or the New York state
teachers' retirement system on or after April first, two thousand
twelve, a member's final average salary shall be the average wages
earned by such member during any five consecutive years which provide
the highest average wage; provided, however, if the wages earned during
any year included in the period used to determine final average salary
exceeds that of the average of the previous four years by more than ten
percent, the amount in excess of ten percent shall be excluded from the
computation of final average salary.] Where the period used to determine
final average salary is the period which immediately precedes the date
of retirement, any month or months (not in excess of twelve) which would
otherwise be included in computing final average salary but during which
the member was on authorized leave of absence at partial pay or without
pay shall be excluded from the computation of final average salary and
the month or an equal number of months immediately preceding such period
shall be substituted in lieu thereof.
b. Notwithstanding the provisions of subdivision a of this section,
with respect to members [who first became members] of the New York state
and local employees' retirement system and the New York city teachers'
retirement system [before April first, two thousand twelve], a member's
final average salary shall be equal to one-third of the highest total
wages earned by such member during any continuous period of employment
for which the member was credited with three years of service credit;
provided, however, if the wages earned during any year of credited
service included in the period used to determine final average salary
exceeds the average of the wages of the previous two years of credited
service by more than ten percent, the amount in excess of ten percent
shall be excluded from the computation of final average salary. [With
respect to members who first become members of the New York state and
local employees' retirement system and the New York city teachers'
retirement system on or after April first, two thousand twelve, a
member's final average salary shall be equal to one-fifth of the highest
total wages earned by such member during any continuous period of
employment for which the member was credited with five years of service
credit; provided, however, if the wages earned during any year of cred-
ited service included in the period used to determine final average
salary exceeds the average of the wages of the previous four years of
credited service by more than ten percent, the amount in excess of ten
percent shall be excluded from the computation of final average salary.]
§ 3. Subparagraph (ii) of paragraph 14 of subdivision e of section
13-638.4 of the administrative code of the city of New York, as amended
by chapter 18 of the laws of 2012, is amended to read as follows:
S. 8305--B 134
(ii) Subject to the provisions of subdivision f of this section where
those provisions are applicable, and notwithstanding the provisions of
subdivisions a and c of section six hundred eight of the RSSL, for a
tier IV member of NYCERS who is a New York city revised plan member (as
defined in subdivision m of section six hundred one of the RSSL) or a
tier IV member of BERS who is a New York city revised plan member, the
term "final average salary", as used in article fifteen of the RSSL,
shall be equal to [one-fifth] ONE-THIRD of the highest total wages
earned by such member during any continuous period of employment for
which the member was credited with [five] THREE years of service credit;
provided that if the wages earned during any year of credited service
included in the period used to determine final average salary exceeds
the average of the wages of the previous four years of credited service
by more than ten percent, the amount in excess of ten percent shall be
excluded from the computation of final average salary, provided further
that "wages", as used in this paragraph, shall mean the applicable
provisions and limitations of the term "wages", as defined in subdivi-
sion l of section six hundred one of the RSSL.
§ 4. Subdivision a of section 1209 of the retirement and social secu-
rity law, as amended by chapter 705 of the laws of 2023, is amended to
read as follows:
a. For members who first become members of the New York state and
local police and fire retirement system on or after April first, two
thousand twelve, a member's final average salary shall be equal to one-
fifth of the highest total wages earned by such member during any
continuous period of employment for which the member was credited with
five years of service credit; provided, however, if the wages earned
during any year of credited service included in the period used to
determine final average salary exceeds the average of the wages of the
previous four years of credited service by more than ten percent, the
amount in excess of ten percent shall be excluded from the computation
of final average salary. PROVIDED, HOWEVER, BEGINNING ON OR AFTER APRIL
FIRST, TWO THOUSAND TWENTY-FOUR, A MEMBER'S FINAL AVERAGE SALARY SHALL
BE EQUAL TO ONE-THIRD OF THE HIGHEST TOTAL WAGES EARNED BY SUCH MEMBER
DURING ANY CONTINUOUS PERIOD OF EMPLOYMENT FOR WHICH THE MEMBER WAS
CREDITED WITH THREE YEARS OF SERVICE CREDIT; PROVIDED, HOWEVER, IF THE
WAGES EARNED DURING ANY YEAR OF CREDITED SERVICE INCLUDED IN THE PERIOD
USED TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE WAGES
OF THE PREVIOUS TWO YEARS OF CREDITED SERVICE BY MORE THAN TEN PERCENT,
THE AMOUNT IN EXCESS OF TEN PERCENT SHALL BE EXCLUDED FROM THE COMPUTA-
TION OF FINAL AVERAGE SALARY. Wages in excess of the annual salary paid
to the governor pursuant to section three of article four of the state
constitution shall be excluded from the computation of final average
salary for members who first become members of the New York state and
local police and fire retirement system on or after April first, two
thousand twelve.
§ 5. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject to section 25 of the
retirement and social security law.
§ 6. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would provide Tier 6 members in the New York State and Local
Retirement System a final average salary based on their highest salary
earned over three consecutive years, where the salary earned in any year
cannot exceed the average of the previous two years by more than 10%.
Currently, final average salary for these members is based on their
S. 8305--B 135
highest salary earned over five consecutive years, where the salary
earned in any year cannot exceed the average of the previous four years
by more than 10%. The provisions of Section 25 of the Retirement and
Social Security Law shall not apply.
Insofar as this bill affects the New York State and Local Employees'
Retirement System (NYSLERS), the increased costs would be shared by the
State of New York and the local participating employers in the NYSLERS.
If this bill were enacted during the 2024 Legislative Session, the
increase in the present value of benefits would be approximately $1.17
billion.
NYSLERS Increase in present Increase in required
value benefits contributions
Tiers 1 - 5 $0 $220 million
Tier 6 $1.17 billion $950 million
Total $1.17 billion $1.17 billion
In the NYSLERS, this benefit improvement will be funded by increasing
the billing rates charged annually to cover both retrospective and
prospective benefit increases. The annual contribution required of all
participating employers in NYSLERS is 0.4% of billable salary, or
approximately $51 million to the State of New York and approximately $76
million to the local participating employers. THIS PERMANENT ANNUAL COST
WILL INCREASE as Tier 6 salary grows and will vary by employer based
upon the plan coverage and salary reported in Tier 6.
Insofar as this bill affects the New York State and Local Police and
Fire Retirement System (NYSLPFRS), the increased costs would be shared
by the State of New York and the local participating employers in the
NYSLPFRS. If this bill were enacted during the 2024 Legislative Session,
the increase in the present value of benefits would be approximately
$341 million.
NYSLPFRS Increase in present Increase in required
value benefits contributions
Tiers 1 - 5 $0 $33 million
Tier 6 $341 million $308 million
Total $341 million $341 million
In the NYSLPFRS, this benefit improvement will be funded by increasing
the billing rates charged annually to cover both retrospective and
prospective benefit increases. The annual contribution required of all
participating employers in the NYSLPFRS is 0.70% of billable salary, or
approximately $6.0 million to the State of New York and approximately
$25 million to the local participating employers. THE PERMANENT ANNUAL
COST WILL INCREASE as Tier 6 salary grows and will vary by employer
based upon the plan coverage and salary reported in Tier 6.
These estimated costs are based on 265,533 Tier 6 members in the
NYSLERS and 16,599 Tier 6 members in the NYSLPFRS, with annual salary of
approximately $12 billion and $1.5 billion, respectively, as of March
31, 2023.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
Annual Report to the Comptroller on Actuarial Assumptions, and the
S. 8305--B 136
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated February 2, 2024, and intended for use only
during the 2024 Legislative Session, is Fiscal Note No. 2024-118,
prepared by the Actuary for the New York State and Local Retirement
System.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
As it relates to the New York State Teacher's Retirement System, this
bill would amend subdivisions a and b of Section 608 of the Retirement
and Social Security Law to change the definition of final average salary
for Tier 6 members to be the same as that for Tier 3, 4 and 5 members.
The final average salary for Tier 6 members would be based on any three
consecutive years which produce the highest average salary. Currently,
the final average salary for Tier 6 members is based on the salaries
earned during any five consecutive years which provide the highest aver-
age salary. Additionally, under the bill, as in Tier 3, 4 and 5, if the
salary for any year used in the period exceeds that of the average of
the prior two years by more than 10%, the amount in excess of 10% shall
be excluded from the computation. Currently, under Tier 6, if the salary
for any year used in the period exceeds that of the average of the prior
four years by more than 10%, the amount in excess of 10% is excluded
from the computation.
The annual cost to the employers of members of the New York State
Teachers' Retirement System for this benefit is estimated to be $23.1
million or 0.12% of payroll if this bill is enacted.
The System's "new entrant rate", a hypothetical employer contribution
rate that would occur if we started a new Retirement System without any
assets, is equal to 5.31% of pay under the current Tier 6 benefit struc-
ture. This can be thought of as the long-term expected employer cost of
Tier 6, based on current actuarial assumptions. For the proposed change
to the Tier 6 benefit structure under this bill, this new entrant rate
is estimated to increase to 5.55% of pay, an increase of 0.24% of pay.
Member data is from the System's most recent actuarial valuation files
as of June 30, 2023, consisting of data provided by the employers to the
Retirement System. The most recent data distributions and statistics
can be found in the System's Annual Report for fiscal year ended June
30, 2023. System assets are as reported in the System's financial state-
ments and can also be found in the System's Annual Report. Actuarial
assumptions and methods are provided in the System's Actuarial Valuation
Report as of June 30, 2023.
The source of this estimate is Fiscal Note 2024-17 dated February 2,
2024 prepared by the Office of the Actuary of the New York State Teach-
ers' Retirement System and is intended for use only during the 2024
Legislative Session. I, Richard A. Young, am the Chief Actuary for the
New York State Teachers' Retirement System. I am a member of the Ameri-
can Academy of Actuaries and I meet the Qualification Standards of the
American Academy of Actuaries to render the actuarial opinion contained
herein.
S. 8305--B 137
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation, as it relates to the New York City
Retirement Systems and Pension Funds (NYCRS), would increase the Final
Average Salary used to calculate pension benefits for certain Tier 3 and
Tier 6 members of NYCRS by reducing the number of years included in the
average from five years to three years.
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Millions)
Year NYCERS TRS BERS POLICE FIRE TOTAL
2025 67.2 56.2 5.7 47.8 19.4 196.3
2026 63.9 54.9 5.9 44.2 21.3 190.2
2027 68.0 57.8 6.2 49.2 23.3 204.5
2028 72.2 60.9 6.5 54.8 25.5 219.9
2029 76.5 64.2 6.9 60.2 27.8 235.6
2030 80.8 67.7 7.2 66.0 30.2 251.9
2031 85.2 71.4 7.6 71.4 32.7 268.3
2032 89.5 75.4 7.9 76.0 35.3 284.1
2033 93.9 79.6 8.3 80.5 38.0 300.3
2034 98.5 84.1 8.7 85.0 40.8 317.1
2035 103.0 88.9 9.0 89.4 43.7 334.0
2036 107.6 93.9 9.4 93.8 46.7 351.4
2037 112.2 99.2 9.8 98.4 49.8 369.4
2038 116.9 104.8 8.0 103.4 53.1 386.2
2039 121.7 110.8 8.5 108.5 56.3 405.8
2040 103.5 116.9 8.9 113.4 59.6 402.3
2041 108.2 123.3 9.3 107.4 63.0 411.2
2042 113.0 129.7 9.7 112.3 66.4 431.1
2043 117.8 136.1 10.2 117.3 64.2 445.6
2044 122.7 123.8 10.6 122.3 67.6 447.0
2045 127.6 130.1 11.1 127.4 70.9 467.1
2046 132.6 136.4 11.5 132.5 74.2 487.2
2047 137.7 142.5 12.0 137.6 77.4 507.2
2048 142.9 148.6 12.5 142.9 80.7 527.6
2049 148.1 154.8 13.0 148.4 83.9 548.2
Employer Contribution impact beyond Fiscal Year 2049 is not shown.
Projected contributions include future new hires that may be impacted.
The initial increase in employer contributions of $196.3 million is
estimated to be $163.2 million for New York City and $33.1 million for
the other obligors of NYCRS.
INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
as of June 30, 2023 ($ in Millions)
Present Value (PV) NYCERS TRS BERS POLICE FIRE
PV of Benefits: 633.8 666.9 53.3 570.7 279.6
PV of Employee Contributions: 0.0 0.0 0.0 0.0 0.0
PV of Employer Contributions: 633.8 666.9 53.3 570.7 279.6
Unfunded Accrued Liabilities: 207.9 189.6 17.8 105.3 53.8
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
S. 8305--B 138
NYCERS TRS BERS POLICE FIRE
Number of Payments: 15 19 13 16 18
Fiscal Year of Last Payment: 2039 2043 2037 2040 2042
Amortization Payment: 22.9 M 18.6 M 2.2 M 10.8 M 5.5 M
Additional One-time Payment: 7.0 M 4.0 M 0.0 M 7.5 M 0.0 M
Unfunded Accrued Liability (UAL) increases for active members were
amortized over the expected remaining working lifetime of those impacted
by the benefit changes using level dollar payments. UAL attributable to
terminated vested members was recognized in the first year.
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2023. The census data for the
impacted population is summarized below.
NYCERS TRS BERS POLICE FIRE
Active Members
- Number Count: 92,737 60,663 12,932 20,089 5,030
- Average Age: 42.1 38.1 46.9 32.7 33.5
- Average Service: 4.6 5.0 4.0 6.1 5.5
- Average Salary: 80,600 80,000 56,200 107,400 112,400
Term. Vested Members
- Number Count: 4,274 3,999 397 887 9
- Average Age: 41.5 37.9 44.6 34.6 37.6
IMPACT ON MEMBER BENEFITS: Currently, Final Average Salary (FAS) is
based on a five-year average, with each year's salary limited to 110% of
the average of the prior four year's salaries for the following groups:
* Tier 3 and Tier 6 members who joined NYCRS on or after April 1,
2012, and
* Tier 3 enhanced members of POLICE and FIRE who retire for disabili-
ty.
Under the proposed legislation, the FAS for such members would be
based on a three-year average, with each year's salary limited to 110%
of the average of the prior two year's salaries (prior four year's sala-
ries for NYCERS and BERS).
The five-year FAS for enhanced disability benefits for Corrections and
Sanitation members of NYCERS is provided as part of an agreement under
Retirement and Social Security Law Article 25 and is assumed to remain
unchanged by this proposed legislation.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of the impacted retirement systems. In addition:
* New entrants were assumed to replace exiting members so that total
payroll increases by 3% each year for impacted groups. New entrant demo-
graphics were developed based on data for recent new hires and actuarial
judgement.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population, and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and
does not include other potential costs (e.g., administrative and Other
Postemployment Benefits).
S. 8305--B 139
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
sky are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS but do not believe it impairs our
objectivity and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2024-10 dated February 2,
2024 was prepared by the Chief Actuary for the New York City Retirement
Systems and Pension Funds. This estimate is intended for use only during
the 2024 Legislative Session.
PART KK
Section 1. Short title. This act shall be known and may be cited as
the "legislative oversight of automated decision-making in government
act (LOADinG Act)".
§ 2. The state technology law is amended by adding a new article 4 to
read as follows:
ARTICLE IV
AUTOMATED DECISION-MAKING IN STATE GOVERNMENT
SECTION 401. DEFINITIONS.
402. USE OF AUTOMATED DECISION-MAKING SYSTEMS BY AGENCIES.
403. IMPACT ASSESSMENTS.
§ 401. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
1. "AUTOMATED DECISION-MAKING SYSTEM" SHALL MEAN ANY SOFTWARE THAT
USES ALGORITHMS, COMPUTATIONAL MODELS, OR ARTIFICIAL INTELLIGENCE TECH-
NIQUES, OR A COMBINATION THEREOF, TO AUTOMATE, SUPPORT, OR REPLACE HUMAN
DECISION-MAKING AND SHALL INCLUDE, WITHOUT LIMITATION, SYSTEMS THAT
PROCESS DATA, AND APPLY PREDEFINED RULES OR MACHINE LEARNING ALGORITHMS
TO ANALYZE SUCH DATA, AND GENERATE CONCLUSIONS, RECOMMENDATIONS,
OUTCOMES, ASSUMPTIONS, PROJECTIONS, OR PREDICTIONS WITHOUT MEANINGFUL
HUMAN REVIEW AND DISCRETION. "AUTOMATED DECISION-MAKING SYSTEM" SHALL
NOT INCLUDE ANY SOFTWARE USED PRIMARILY FOR BASIC COMPUTERIZED PROC-
ESSES, SUCH AS CALCULATORS, SPELLCHECK TOOLS, AUTOCORRECT FUNCTIONS,
SPREADSHEETS, ELECTRONIC COMMUNICATIONS, OR ANY TOOL THAT RELATES ONLY
TO INTERNAL MANAGEMENT AFFAIRS SUCH AS ORDERING OFFICE SUPPLIES OR PROC-
ESSING PAYMENTS, AND THAT DO NOT MATERIALLY AFFECT THE RIGHTS, LIBER-
TIES, BENEFITS, SAFETY OR WELFARE OF ANY INDIVIDUAL WITHIN THE STATE.
2. "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, PUBLIC AUTHORITY, BOARD,
BUREAU, COMMISSION, DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF
THE STATE. SUCH TERMS SHALL NOT INCLUDE THE LEGISLATURE OR JUDICIARY.
3. "PUBLIC ASSISTANCE BENEFIT" SHALL MEAN ANY SERVICE OR PROGRAM WITH-
IN THE CONTROL OF THE STATE, OR BENEFIT PROVIDED BY THE STATE TO INDI-
VIDUALS OR HOUSEHOLDS, INCLUDING BUT NOT LIMITED TO PUBLIC ASSISTANCE,
CASH ASSISTANCE, GRANTS, CHILD CARE ASSISTANCE, HOUSING ASSISTANCE,
UNEMPLOYMENT BENEFITS, TRANSPORTATION BENEFITS, EDUCATION ASSISTANCE,
DOMESTIC VIOLENCE SERVICES, AND ANY OTHER ASSISTANCE OR BENEFIT WITHIN
THE AUTHORITY OF THE STATE TO GRANT TO INDIVIDUALS WITHIN THE STATE.
THIS SHALL NOT INCLUDE ANY FEDERAL PROGRAM THAT IS ADMINISTERED BY THE
FEDERAL GOVERNMENT OR THE STATE.
§ 402. USE OF AUTOMATED DECISION-MAKING SYSTEMS BY AGENCIES. 1. ANY
STATE AGENCY, OR ANY ENTITY ACTING ON BEHALF OF SUCH AGENCY, SHALL BE
PROHIBITED FROM, DIRECTLY OR INDIRECTLY, UTILIZING OR APPLYING ANY AUTO-
S. 8305--B 140
MATED DECISION-MAKING SYSTEM IN PERFORMING ANY FUNCTION THAT: (A) IS
RELATED TO THE DELIVERY OF ANY PUBLIC ASSISTANCE BENEFIT; (B) WILL HAVE
A MATERIAL IMPACT ON THE RIGHTS, CIVIL LIBERTIES, SAFETY OR WELFARE OF
ANY INDIVIDUAL WITHIN THE STATE; OR (C) AFFECTS ANY STATUTORILY OR
CONSTITUTIONALLY PROVIDED RIGHT OF AN INDIVIDUAL; UNLESS SUCH UTILIZA-
TION OR APPLICATION OF THE AUTOMATED DECISION-MAKING SYSTEM IS SPECIF-
ICALLY AUTHORIZED IN LAW.
2. NO STATE AGENCY SHALL AUTHORIZE ANY PROCUREMENT, PURCHASE OR ACQUI-
SITION OF ANY SERVICE OR SYSTEM UTILIZING, OR RELYING ON, AUTOMATED
DECISION-MAKING SYSTEMS PROHIBITED IN SUBDIVISION ONE OF THIS SECTION,
EXCEPT WHERE THE USE OF SUCH SYSTEM IS SPECIFICALLY AUTHORIZED IN LAW.
§ 403. IMPACT ASSESSMENTS. 1. NO STATE AGENCY SHALL UTILIZE OR APPLY
ANY AUTOMATED DECISION-MAKING SYSTEM UNLESS THE STATE AGENCY, OR AN
ENTITY ACTING ON BEHALF OF SUCH STATE AGENCY, SHALL HAVE CONDUCTED AN
IMPACT ASSESSMENT FOR THE APPLICATION AND USE OF SUCH AUTOMATED DECI-
SION-MAKING SYSTEM. FOLLOWING THE FIRST IMPACT ASSESSMENT, AN IMPACT
ASSESSMENT SHALL BE CONDUCTED AT LEAST ONCE EVERY TWO YEARS. AN IMPACT
ASSESSMENT SHALL BE CONDUCTED PRIOR TO ANY MATERIAL CHANGE TO THE AUTO-
MATED DECISION-MAKING SYSTEM THAT MAY CHANGE THE OUTCOME OR EFFECT OF
SUCH SYSTEM. SUCH IMPACT ASSESSMENTS SHALL INCLUDE:
(A) A DESCRIPTION OF THE OBJECTIVES OF THE AUTOMATED DECISION-MAKING
SYSTEM;
(B) AN EVALUATION OF THE ABILITY OF THE AUTOMATED DECISION-MAKING
SYSTEM TO ACHIEVE ITS STATED OBJECTIVES;
(C) A DESCRIPTION AND EVALUATION OF THE OBJECTIVES AND DEVELOPMENT OF
THE AUTOMATED DECISION-MAKING INCLUDING:
(I) A SUMMARY OF THE UNDERLYING ALGORITHMS, COMPUTATIONAL MODES, AND
ARTIFICIAL INTELLIGENCE TOOLS THAT ARE USED WITHIN THE AUTOMATED DECI-
SION-MAKING SYSTEM; AND
(II) THE DESIGN AND TRAINING DATA USED TO DEVELOP THE AUTOMATED DECI-
SION-MAKING SYSTEM PROCESS;
(D) TESTING FOR:
(I) ACCURACY, FAIRNESS, BIAS AND DISCRIMINATION, AND AN ASSESSMENT OF
WHETHER THE USE OF THE AUTOMATED DECISION-MAKING SYSTEM PRODUCES DISCRI-
MINATORY RESULTS ON THE BASIS OF A CONSUMER'S OR A CLASS OF CONSUMERS'
ACTUAL OR PERCEIVED RACE, COLOR, ETHNICITY, RELIGION, NATIONAL ORIGIN,
SEX, GENDER, GENDER IDENTITY, SEXUAL ORIENTATION, FAMILIAL STATUS, BIOM-
ETRIC INFORMATION, LAWFUL SOURCE OF INCOME, OR DISABILITY AND OUTLINES
MITIGATIONS FOR ANY IDENTIFIED PERFORMANCE DIFFERENCES IN OUTCOMES
ACROSS RELEVANT GROUPS IMPACTED BY SUCH USE;
(II) ANY CYBERSECURITY VULNERABILITIES AND PRIVACY RISKS RESULTING
FROM THE DEPLOYMENT AND USE OF THE AUTOMATED DECISION-MAKING SYSTEM, AND
THE DEVELOPMENT OR EXISTENCE OF SAFEGUARDS TO MITIGATE THE RISKS;
(III) ANY PUBLIC HEALTH OR SAFETY RISKS RESULTING FROM THE DEPLOYMENT
AND USE OF THE AUTOMATED DECISION-MAKING SYSTEM;
(IV) ANY REASONABLY FORESEEABLE MISUSE OF THE AUTOMATED DECISION-MAK-
ING SYSTEM AND THE DEVELOPMENT OR EXISTENCE OF SAFEGUARDS AGAINST SUCH
MISUSE;
(E) THE EXTENT TO WHICH THE DEPLOYMENT AND USE OF THE AUTOMATED DECI-
SION-MAKING SYSTEM REQUIRES INPUT OF SENSITIVE AND PERSONAL DATA, HOW
THAT DATA IS USED AND STORED, AND ANY CONTROL USERS MAY HAVE OVER THEIR
DATA; AND
(F) THE NOTIFICATION MECHANISM OR PROCEDURE, IF ANY, BY WHICH INDIVID-
UALS IMPACTED BY THE UTILIZATION OF THE AUTOMATED DECISION-MAKING SYSTEM
MAY BE NOTIFIED OF THE USE OF SUCH AUTOMATED DECISION-MAKING SYSTEM AND
S. 8305--B 141
OF THE INDIVIDUAL'S PERSONAL DATA, AND INFORMED OF THEIR RIGHTS AND
OPTIONS RELATING TO SUCH USE.
2. NOTWITHSTANDING THE PROVISIONS OF THIS ARTICLE OR ANY OTHER LAW, IF
AN IMPACT ASSESSMENT FINDS THAT THE AUTOMATED DECISION-MAKING SYSTEM
PRODUCES DISCRIMINATORY OR BIASED OUTCOMES, THE STATE AGENCY SHALL CEASE
ANY UTILIZATION, APPLICATION, OR FUNCTION OF SUCH AUTOMATED DECISION-
MAKING SYSTEM, AND OF ANY INFORMATION PRODUCED USING SUCH SYSTEM.
3. ANY IMPACT ASSESSMENT CONDUCTED PURSUANT TO THIS SUBDIVISION SHALL
BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
THE SPEAKER OF THE ASSEMBLY AT LEAST THIRTY DAYS PRIOR TO THE IMPLEMEN-
TATION OF THE AUTOMATED DECISION-MAKING SYSTEM THAT IS THE SUBJECT OF
SUCH ASSESSMENT. THE IMPACT STATEMENT OF AN AUTOMATED DECISION-MAKING
SYSTEM THAT IS APPROVED AND UTILIZED, SHALL BE PUBLISHED ON THE WEBSITE
OF THE RELEVANT AGENCY. IF THE STATE AGENCY MAKES A DETERMINATION THAT
THE DISCLOSURE OF ANY INFORMATION REQUIRED IN THE IMPACT ASSESSMENT
WOULD RESULT IN A SUBSTANTIAL NEGATIVE IMPACT ON HEALTH OR SAFETY OF THE
PUBLIC, INFRINGE UPON THE PRIVACY RIGHTS OF INDIVIDUALS, OR SIGNIFICANT-
LY IMPAIR THE STATE AGENCY'S ABILITY TO PROTECT ITS INFORMATION TECHNOL-
OGY OR OPERATIONAL ASSETS, IT MAY REDACT SUCH INFORMATION, PROVIDED THAT
AN EXPLANATORY STATEMENT ON THE PROCESS BY WHICH THE STATE AGENCY MADE
SUCH DETERMINATION IS PUBLISHED ALONG WITH THE REDACTED IMPACT ASSESS-
MENT.
§ 3. Disclosure of existing automated decision-making systems. Any
state agency, that directly or indirectly, utilizes an automated deci-
sion-making system, as defined in section 401 of the state technology
law, shall submit to the legislature a disclosure on the use of such
system, no later than one year after the effective date of this section.
Such disclosure shall include:
(a) a description of the automated decision-making system utilized by
such agency;
(b) a list of any software vendors related to such automated deci-
sion-making system;
(c) the date that the use of such system began;
(d) a summary of the purpose and use of such system, including a
description of human decision-making and discretion supported or
replaced by the automated decision-making system;
(e) whether any impact assessments for the automated decision-making
system were conducted and the dates and summaries of the results of such
assessments where applicable; and
(f) any other information deemed relevant by the agency.
§ 4. Section 101 of the state technology law is amended by adding a
new subdivision 6 to read as follows:
6. "ARTIFICIAL INTELLIGENCE" OR "AI" SHALL MEAN: (A) A MACHINE-BASED
SYSTEM THAT OPERATES WITH VARYING LEVELS OF AUTONOMY AND THAT MAY EXHIB-
IT ADAPTIVENESS AFTER DEPLOYMENT AND THAT, FOR EXPLICIT OR IMPLICIT
OBJECTIVES, INFERS, FROM THE INPUT THE SYSTEM RECEIVES, HOW TO GENERATE
OUTPUTS SUCH AS PREDICTIONS, CONTENT, RECOMMENDATIONS, OR DECISIONS THAT
MAY INFLUENCE PHYSICAL OR VIRTUAL ENVIRONMENTS. THIS INCLUDES, BUT IS
NOT LIMITED TO, SYSTEMS, APPLICATIONS, SOFTWARE, OR DEVICES DESIGNED TO:
(I) SENSE, INTERPRET, PROCESS, ANALYZE, OR OTHERWISE COMPREHEND DATA,
TEXT, SPEECH, VOICE, IMAGES, VIDEO, SENSOR INPUTS, OR OTHER FORMS OF
INFORMATION FROM THE PHYSICAL AND VIRTUAL WORLD.
(II) ABSTRACT CONCEPTS, DETECT PATTERNS, EXTRACT FEATURES, DEVELOP
EXPLANATORY AND PREDICTIVE DATA MODELS, OR OTHERWISE DERIVE HIGHER-ORDER
INSIGHTS THROUGH ANALYSIS OF DATA AND INFORMATION.
S. 8305--B 142
(III) APPLY REASONING, DECISION LOGIC, KNOWLEDGE REPRESENTATION,
PREDICTION MODELS, DATA MODEL INFERENCES, OR OTHER STRUCTURED AND
UNSTRUCTURED TECHNIQUES AND CAPABILITIES TO GENERATE OPTIONS, RECOMMEN-
DATIONS, FORECASTS, DETERMINATIONS, CONCLUSIONS, ACTIONS, OR OTHER
OUTPUTS THAT INFLUENCE PHYSICAL OR VIRTUAL ENVIRONMENTS, SYSTEMS, APPLI-
CATIONS, DEVICES, OR DECISION-MAKING.
(IV) OPERATE AUTONOMOUSLY ONCE DEPLOYED, REGARDLESS OF WHETHER
DESIGNED TO ALLOW HUMAN MONITORING, OVERSIGHT, INTERVENTION, OR OVER-
RIDE.
(B) THIS DEFINITION SHALL NOT INCLUDE ANY SOFTWARE USED PRIMARILY FOR
BASIC COMPUTERIZED PROCESSES, SUCH AS CALCULATORS, SPELL CHECK TOOLS,
AUTOCORRECT FUNCTIONS, SPREADSHEETS, ELECTRONIC COMMUNICATIONS, OR ANY
TOOL THAT RELATES ONLY TO INTERNAL MANAGEMENT AFFAIRS SUCH AS ORDERING
OFFICE SUPPLIES OR PROCESSING PAYMENTS, AND THAT DO NOT MATERIALLY
AFFECT THE RIGHTS, LIBERTIES, SAFETY OR WELFARE OF ANY HUMAN.
§ 5. The state technology law is amended by adding a new section 102-a
to read as follows:
§ 102-A. CHIEF ARTIFICIAL INTELLIGENCE OFFICER; FUNCTIONS, POWERS AND
DUTIES. 1. THERE IS HEREBY ESTABLISHED THE OFFICE OF ARTIFICIAL INTELLI-
GENCE WITHIN THE OFFICE. THE HEAD OF SUCH OFFICE SHALL BE THE CHIEF
ARTIFICIAL INTELLIGENCE OFFICER AND SHALL BE APPOINTED BY THE GOVERNOR
WITH THE ADVICE AND CONSENT OF THE SENATE. THE CHIEF ARTIFICIAL INTELLI-
GENCE OFFICER SHALL BE IN SOLE CHARGE OF THE ADMINISTRATION OF THE
OFFICE, AND SHALL REPORT TO THE EXECUTIVE DEPARTMENT. THE CHIEF ARTIFI-
CIAL INTELLIGENCE OFFICER SHALL BE DESIGNATED AS MANAGEMENT CONFIDENTIAL
IN THE NONCOMPETITIVE CLASS IN ACCORDANCE WITH THE CIVIL SERVICE LAW.
THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER SHALL HAVE EXPERTISE IN ARTI-
FICIAL INTELLIGENCE, DATA PRIVACY, AND THE TECHNOLOGY INDUSTRY.
2. THE OFFICE OF ARTIFICIAL INTELLIGENCE SHALL HAVE THE FOLLOWING
FUNCTIONS, POWERS AND DUTIES:
(A) DEVELOP STATEWIDE ARTIFICIAL INTELLIGENCE POLICIES AND GOVERNANCE,
INCLUDING BUT NOT LIMITED TO:
(I) DEVELOPING AND UPDATING STATE POLICY AND GUIDELINES ON THE USE,
PROCUREMENT, DEVELOPMENT, AND DEPLOYMENT OF ARTIFICIAL INTELLIGENCE IN A
MANNER CONSISTENT WITH STATE LAWS;
(II) DEVELOPING AND UPDATING A HANDBOOK REGARDING THE USE, STUDY,
DEVELOPMENT, EVALUATION, AND PROCUREMENT OF SYSTEMS THAT USE ARTIFICIAL
INTELLIGENCE, IN A MANNER CONSISTENT WITH STATE AND FEDERAL LAWS, AND
NATIONAL AND INTERNATIONAL STANDARDS FOR USE BY THE STATE'S DEPARTMENTS,
BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES;
(III) DEVELOPING A RISK MANAGEMENT PLAN, INCLUDING PROCEDURES FOR
ASSESSING AND CLASSIFYING RISK LEVELS, INCLUDING, BUT NOT LIMITED TO,
PERTAINING TO THE OPERATIONS OF THE STATE, DATA SECURITY AND PRIVACY,
AND THE RIGHTS, LIBERTIES, SAFETY AND WELFARE OF ANY HUMAN FOR USE OF
ARTIFICIAL INTELLIGENCE AND AUTOMATED DECISION-MAKING SYSTEMS BY THE
STATE'S DEPARTMENTS, BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES; AND
(IV) SETTING GOVERNANCE STANDARDS FOR OVERSIGHT OF ARTIFICIAL INTELLI-
GENCE AND AUTOMATED SYSTEMS, AND DETERMINING RESOURCE REQUIREMENTS FOR
RESPONSIBLE ADOPTION, INCLUDING, BUT NOT LIMITED TO DEVELOPING AND
DEPLOYING EMPLOYEE TRAINING PROGRAMS FOR SAFE AND RESPONSIBLE USE OF
ARTIFICIAL INTELLIGENCE; AND
(V) ENSURING PUBLIC ACCESS REQUIREMENTS ARE ESTABLISHED FOR THE PUBLI-
CATION OF INFORMATION RELATED TO EACH STATE AGENCY USE OF THE AUTOMATED
SYSTEMS AND ARTIFICIAL INTELLIGENCE.
S. 8305--B 143
(B) COORDINATE THE ACTIVITIES OF ANY AND ALL STATE DEPARTMENTS,
BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES PERFORMING ANY FUNCTIONS
USING ARTIFICIAL INTELLIGENCE TOOLS.
(C) COORDINATE AND TRACK STATE DEPARTMENT, BOARD, COMMISSION, AGENCY
AND AUTHORITY PROCUREMENT AND PLANNING IN STATE PROGRAMS.
(D) INVESTIGATE AND ASSESS WHAT RESOURCES, MONETARY OR OTHERWISE, IF
ANY, A DEPARTMENT, BOARD, COMMISSION, AUTHORITY OR AGENCY REQUIRES TO
ADAPT TO THE CHANGES THAT ARTIFICIAL INTELLIGENCE WILL BRING TO THE
REGULATORY LANDSCAPE AND TO ADEQUATELY ADOPT AND OVERSEE THE USE OF
ARTIFICIAL INTELLIGENCE ACROSS ITS OPERATIONS.
(E) PROVIDE GUIDANCE TO GOVERNMENTAL ENTITIES IN DEVELOPING, DESIGNING
AND DEPLOYING STANDARDS, MISSION, REGULATIONS, INVESTMENTS, PRACTICES,
SYSTEMS PERTAINING TO THE USE OF ARTIFICIAL INTELLIGENCE TOOLS, IN A
MANNER THAT PROTECTS THE RIGHTS AND SAFETY OF INDIVIDUALS, INCLUDING BUT
NOT LIMITED TO EMPLOYEE TRAINING, PROTECTING PRIVACY AND DATA SECURITY,
SAFEGUARDING AGAINST DISCRIMINATION BASED ON RACE, GENDER, ETHNICITY,
RELIGION, DISABILITY, SEXUAL ORIENTATION, OR SOCIOECONOMIC STATUS, MITI-
GATING RISKS OF MISINFORMATION AND MANIPULATION, AND IMPACT ON THE HUMAN
WORKFORCE.
(F) RECOMMEND THE REPLACEMENT, DISCONNECTION OR DEACTIVATION OF ANY
APPLICATION THAT UTILIZES ARTIFICIAL INTELLIGENCE AND THAT DEMONSTRATES
THAT DEPLOYMENT AND USE IS INCONSISTENT WITH PROVISIONS OF LAW OR IS
OTHERWISE HARMFUL TO THE OPERATIONS OF THE STATE, DATA SECURITY AND
PRIVACY, OR THE RIGHTS, LIBERTIES, SAFETY, AND WELFARE OF ANY HUMAN.
(G) STUDY THE IMPLICATIONS OF THE USAGE OF ARTIFICIAL INTELLIGENCE FOR
DATA COLLECTION TO INFORM TESTING AND EVALUATION, VERIFICATION AND VALI-
DATION OF ARTIFICIAL INTELLIGENCE TO ENSURE THAT ARTIFICIAL INTELLIGENCE
WILL PERFORM AS INTENDED, INCLUDING WHEN INTERACTING WITH HUMANS AND
OTHER SYSTEMS, DEVELOP COMMON METRICS TO ASSESS TRUSTWORTHINESS THAT
ARTIFICIAL INTELLIGENCE SYSTEMS WILL PERFORM AS INTENDED, AND MINIMIZE
PERFORMANCE PROBLEMS AND UNANTICIPATED OUTCOMES, PROTECT AGAINST RISKS
TO DATA SECURITY AND PRIVACY, AND ADDRESS THE POSSIBILITY OF INTENTIONAL
MISUSE OF AN ARTIFICIAL INTELLIGENCE SYSTEM.
(H) SUBMIT A REPORT ANNUALLY TO THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY ON PROGRESS, FINDINGS, STUDIES AND
RECOMMENDATIONS REGARDING THE USE OF ARTIFICIAL INTELLIGENCE IN THE
VARIOUS GOVERNMENT AGENCIES. SUCH REPORT SHALL ALSO BE MADE PUBLICLY
AVAILABLE ON THE OFFICE OF INFORMATION TECHNOLOGY WEBSITE. WHERE THE
CHIEF ARTIFICIAL INTELLIGENCE OFFICER MAKES A DETERMINATION THAT SUCH
DISCLOSURE WOULD RESULT IN A SUBSTANTIAL NEGATIVE IMPACT ON HEALTH OR
SAFETY OF THE PUBLIC, INFRINGE UPON THE PRIVACY RIGHTS OF INDIVIDUALS,
OR SIGNIFICANTLY IMPAIR THE STATE'S ABILITY TO PROTECT ITS INFORMATION
TECHNOLOGY OR OPERATIONAL ASSETS, THE OFFICER MAY REDACT SUCH INFORMA-
TION, PROVIDED AN EXPLANATORY STATEMENT BY WHICH SUCH DETERMINATION WAS
MADE IS PUBLISHED ALONG WITH THE REDACTED REPORT. THE PROVISIONS OF THIS
SUBDIVISION SHALL NOT BE DEEMED TO REQUIRE OR AUTHORIZE THE DISCLOSURE
OF CONFIDENTIAL INFORMATION OR TRADE SECRETS.
(I) INVESTIGATE AND CONDUCT PERIODIC AUDITS ANY DEPARTMENT'S, BOARD'S,
COMMISSION'S, AGENCY'S OR AUTHORITY'S USE OF ARTIFICIAL INTELLIGENCE
TOOLS TO ENSURE:
(I) DEPARTMENTS, BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES DEVEL-
OP, ACQUIRE AND USE AUTOMATED SYSTEMS THAT COMPLY WITH THE CONSTITUTION,
STATE AND FEDERAL LAWS;
(II) ENSURE THAT ANY BENEFIT A DEPARTMENT, BOARD, COMMISSION, AGENCY
OR AUTHORITY RECEIVES BY USING AN AUTOMATED SYSTEM OUTWEIGHS ANY RISK IN
USING THAT AUTOMATED SYSTEM;
S. 8305--B 144
(III) ENSURE THAT EACH AUTOMATED SYSTEM IS SECURE, PROTECTED AND
RESISTANT TO CIRCUMSTANCES IN WHICH THAT AUTOMATED SYSTEM FACES ANY
SYSTEMATIC VULNERABILITY, MANIPULATION OR MALICIOUS EXPLOITATION; AND
(IV) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS RESTRICTING THE
ARTIFICIAL INTELLIGENCE OFFICER'S OR ANY STATE DEPARTMENT'S, BOARD'S,
COMMISSION'S, AUTHORITY'S OR AGENCY'S ACCESS TO:
(1) CONDUCT ANY INTERNAL INVESTIGATION AIMED AT DEVELOPING, IMPROVING
OR REPAIRING ANY PRODUCT, SERVICE OR TECHNOLOGY,
(2) PREVENT, DETECT, PROTECT, RESPOND, INVESTIGATE, REPORT TO ANY
PERSON RESPONSIBLE FOR ANY SECURITY INCIDENT, IDENTITY THEFT, FRAUD,
HARASSMENT, MALICIOUS OR MISLEADING ACTIVITY OR ILLEGAL ACTIVITY, OR
(3) PRESERVE THE INTEGRITY OR SECURITY OF ANY SYSTEM.
3. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE CHIEF ARTIFICIAL
INTELLIGENCE OFFICER MAY REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVI-
SION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR ANY
POLITICAL SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY, STAFF AND OTHER
ASSISTANCE, INFORMATION, AND RESOURCES AS WILL ENABLE THE OFFICE OF
ARTIFICIAL INTELLIGENCE TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS AND
DUTIES.
§ 6. The state technology law is amended by adding a new section 104-a
to read as follows:
§ 104-A. ADVISORY COMMITTEE FOR STATE ARTIFICIAL INTELLIGENCE POLICY.
1. THERE IS HEREBY CREATED IN THE DIVISION OF BROADBAND ACCESS AN ADVI-
SORY COMMITTEE FOR STATE ARTIFICIAL INTELLIGENCE POLICY. THE CHIEF ARTI-
FICIAL INTELLIGENCE OFFICER SHALL SERVE AS CHAIR OF THE COMMITTEE. THE
COMMITTEE SHALL BE COMPOSED OF A MINIMUM OF SEVEN REPRESENTATIVES OR
THEIR EQUIVALENT SELECTED FROM STATE AGENCIES AND APPOINTED BY THE
GOVERNOR, PROVIDED THAT NO MORE THAN ONE MEMBER SHALL BE APPOINTED FROM
A SINGLE AGENCY, AND PROVIDED FURTHER THAT THE DIRECTOR SHALL SERVE AS
AN EX-OFFICIO MEMBER OF THE COMMITTEE. IN ADDITION, ONE MEMBER SHALL BE
APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE BY THE TEMPORARY PRESIDENT
OF THE SENATE, AND TWO MEMBERS TO BE APPOINTED BY THE GOVERNOR AT THE
RECOMMENDATION OF THE TWO LARGEST ORGANIZATIONS IN THE STATE REPRESENT-
ING MUNICIPAL LEADERSHIP.
2. ALL MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE AT THE PLEASURE
OF THEIR APPOINTING AUTHORITY. THE MEMBERS OF THE COMMITTEE SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
DUTIES.
3. NO MEMBER OF THE ADVISORY COMMITTEE SHALL BE DISQUALIFIED FROM
HOLDING ANY OTHER PUBLIC OFFICE, NOR FORFEIT ANY SUCH OFFICE BY REASON
OF APPOINTMENT HEREUNDER, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,
SPECIAL OR LOCAL LAW, ORDINANCE OR CITY CHARTER, PROVIDED HOWEVER THAT
MEMBERS APPOINTED BY THE GOVERNOR, SPEAKER OF THE ASSEMBLY, OR TEMPORARY
PRESIDENT OF THE SENATE SHALL BE CONSIDERED STATE OFFICERS AND SUBJECT
TO THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF SECTION
SEVENTY-THREE OF THE PUBLIC OFFICERS LAW.
4. THE ADVISORY COMMITTEE SHALL, AT MINIMUM, MEET TWICE IN EACH CALEN-
DAR YEAR, PROVIDED THAT ADDITIONAL MEETINGS OF THE ADVISORY COMMITTEE
MAY BE CALLED BY THE CHAIRPERSON AT ANY TIME.
5. THE ADVISORY COMMITTEE SHALL:
(A) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON BEST PRACTICES
FOR THE USE OF ARTIFICIAL INTELLIGENCE AND AUTOMATED SYSTEMS IN AGEN-
CIES;
(B) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON STATE POLICY
FOR ARTIFICIAL INTELLIGENCE AND AUTOMATED SYSTEMS;
S. 8305--B 145
(C) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON THE CURRENT
STATE OF THE STATE IN RELATION TO COMPETITIVENESS IN ARTIFICIAL INTELLI-
GENCE, INCLUDING THE SCOPE AND SCALE OF NEW YORK'S INVESTMENTS IN ARTI-
FICIAL INTELLIGENCE RESEARCH AND DEVELOPMENT;
(D) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON IMPROVING THE
WORKFORCE, INCLUDING USE IN TRAINING, EDUCATION AND WORKER ASSISTANCE IN
RELATION TO THE USE OF ARTIFICIAL INTELLIGENCE;
(E) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON LEVERAGING
LOCAL RESOURCES TO OPTIMIZE AND IMPROVE OPERATIONS IN VARIOUS AREAS OF
GOVERNMENT OPERATIONS, INCLUDING BUT NOT LIMITED TO MEDICAL SERVICES,
CYBER SECURITY, INFRASTRUCTURE, AND RECOVERY FROM NATURAL DISASTERS;
(F) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON OPPORTUNITIES
FOR LOCAL, REGIONAL, INTERSTATE, FEDERAL, AND INTERNATIONAL COOPERATION
IN ARTIFICIAL INTELLIGENCE RESEARCH ACTIVITIES, STANDARDS DEVELOPMENT
AND REGULATIONS;
(G) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON STRATEGIES TO
PREVENT AND MITIGATE ARTIFICIAL INTELLIGENCE-ASSISTED MISINFORMATION
CAMPAIGNS AND THE POTENTIALLY HARMFUL EFFECTS OF ARTIFICIAL INTELLI-
GENCE;
(H) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON HOW THE STATE
CAN LEVERAGE THE SUBSTANTIAL AND GROWING EXPERTISE OF THE EMERGING TECH-
NOLOGIES, SUCH AS ARTIFICIAL INTELLIGENCE, IN THE LONG-TERM DEVELOPMENT
OF PUBLIC POLICIES THAT AFFECT THE PRIVACY, RIGHTS, AND THE USE OF ARTI-
FICIAL INTELLIGENCE ONLINE;
(I) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON STRATEGIES FOR
THE DEVELOPMENT OF INTER-GOVERNMENTAL COOPERATION AMONG AGENCIES OF THE
FEDERAL, STATE, AND LOCAL GOVERNMENTS AND COOPERATION; AND
(J) MAKE PERIODIC RECOMMENDATIONS TO THE LEGISLATURE ON LEGISLATIVE OR
REGULATORY CHANGES.
§ 7. Subdivisions 2 and 3 of section 102 of the state technology law,
as added by chapter 430 of the laws of 1997 and as renumbered by chapter
437 of the laws of 2004, are amended to read as follows:
2. The head of the office shall be the director of the office, who
shall serve as the chief technology officer for the state of New York
and shall be designated as management confidential in the noncompetitive
class in accordance with the civil service law. The director shall be
the chief executive officer of and in sole charge of the administration
of the office, WITH EXCEPTION TO THE OFFICE ESTABLISHED PURSUANT TO
SECTION ONE HUNDRED TWO-A OF THIS ARTICLE AND THE COMMITTEE ESTABLISHED
PURSUANT TO SECTION ONE HUNDRED FOUR-A OF THIS ARTICLE. The director
shall be entitled to receive reimbursement for expenses actually and
necessarily incurred by [him or her] SUCH DIRECTOR in the performance of
[his or her] SUCH DIRECTOR'S duties.
3. The director may, from time to time, create, abolish, transfer and
consolidate bureaus and other units within the office not expressly
established by law as [he or she] SUCH DIRECTOR may determine necessary
for the efficient operation of the office, subject to the approval of
the director of the budget, WITH EXCEPTION TO THE OFFICE ESTABLISHED
PURSUANT TO SECTION ONE HUNDRED TWO-A OF THIS ARTICLE AND THE COMMITTEE
ESTABLISHED PURSUANT TO SECTION ONE HUNDRED FOUR-A OF THIS ARTICLE.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law, provided that section two of this act shall take
effect one year after it shall have become a law.
PART LL
S. 8305--B 146
Section 1. 1. New York state aid and incentives for municipalities
redesign task force. There is hereby created the aid and incentives for
municipalities redesign task force whose membership shall consist of 7
members: the director of the division of the budget or such director's
designee as chair; the comptroller or such comptroller's designee; the
executive director of the New York State Conference of Mayors or such
director's designee; the executive director of the New York State Asso-
ciation of Counties or such director's designee; the executive director
of the New York State Association of Towns or such director's designee;
one member appointed by the temporary president of the senate; and one
member appointed by the speaker of the assembly. The task force shall
report to the governor, the speaker of the assembly and the temporary
president of the senate no later than one year after the effective date
of this act. Such report shall include, but not be limited to:
(a) A review and analysis of the current aid and incentives for muni-
cipalities formula and allocations;
(b) An analysis of available alternatives to the current aid and
incentives for municipalities formula and allocations, including models
from other states; provided however, that such alternatives shall
include the allocation of funds to any municipality which is not
currently receiving aid and incentives for municipalities funding;
(c) Recommendations concerning such alternatives to the formula used
to determine future aid and incentives to municipalities funding allo-
cations; provided however, that such recommendations shall include the
allocation of funds to any municipality which is not currently receiving
aid and incentives for municipalities funding; and
(d) Any other information the task force deems necessary or relevant.
2. All appointments to the task force shall be made no later than
sixty days after the effective date of this act. Any vacancy shall be
filled by the appointing authority. The task force shall meet as
frequently as it deems necessary prior to issuing its findings and
recommendations. The members of the task force shall serve without
compensation, except that members shall be allowed their necessary and
actual expenses incurred in the performance of their duties under this
section. The department of taxation and finance and the division of the
budget shall provide the task force with such data as the task force may
request to carry out its powers and duties. To the extent practicable,
such data shall be provided in a format in accordance with the standards
outlined in the New York State Open Data Handbook pursuant to executive
order 95 of the laws of 2013. The task force may consult with any public
or private entity it deems necessary in order to assist the task force
with information gathering, analysis, and formulating its conclusions
and recommendations.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2025.
PART MM
Section 1. Subdivision 3 of section 363-a of the retirement and social
security law, as amended by chapter 437 of the laws of 2016, is amended
to read as follows:
3. As used in this section, the terms "firefighter" and "police offi-
cer" mean any member who is performing police or fire service, as the
phrase police or fire service is defined in paragraphs a, b, c, d, f (as
added by chapter six hundred seventy-four of the laws of nineteen eight-
y-six), f (as added by chapter six hundred seventy-seven of the laws of
S. 8305--B 147
nineteen eighty-six), g, h, I and j of subdivision eleven of section
three hundred two of this article, and who, prior to entry into service
as a firefighter or police officer, successfully passed a physical exam-
ination which failed to disclose evidence of any disease or other
impairment of the heart.
§ 2. The amendments to section 363-a of the retirement and social
security law made by section one of this act shall not affect, impair,
or invalidate any temporary right, privilege, or benefit conferred
pursuant to the provisions of a general, special or local law (other
than pursuant to articles 14 and 15 of the retirement and social securi-
ty law) for any member of a public retirement system or pension plan
funded by the state or one of its political subdivisions, nor shall any
amendments thereto affect the application of such provisions as extended
by the provisions of section 480 of the retirement and social security
law.
§ 3. This act shall take effect immediately.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
This bill is a technical correction to Chapter 561 of the Laws of
2015. It would add a "heart bill" performance of duty disability
provision for police officers of the State University of New York who
are members of the New York State and Local Police and Fire Retirement
System (NYSLPFRS).
If this legislation is enacted during the 2024 Legislative Session, it
would lead to more disabilities being classified as "in performance of
duty".
However, we anticipate that few additional performance of duty disa-
bility retirements will be granted, and thus, the resulting costs are
expected to be negligible.
These estimated costs are based on 557 affected members employed by
the State of New York, with annual salary of approximately $53.8 million
as of March 31, 2023.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated March 5, 2024, and intended for use only during
the 2024 Legislative Session, is Fiscal Note No. 2024-91, prepared by
the Actuary for the New York State and Local Retirement System.
PART NN
S. 8305--B 148
Section 1. Subdivision a of section 503 of the retirement and social
security law, as amended by chapter 18 of the laws of 2012, is amended
to read as follows:
a. The normal service retirement benefit specified in section five
hundred four of this article shall be payable to general members, other
than elective members, who have met the minimum service requirements
upon retirement and attainment of age sixty-two, provided, however, a
general member who is a peace officer employed by the unified court
system or a member of a teachers' retirement system may retire without
reduction of his or her retirement benefit upon attainment of at least
fifty-five years of age and completion of thirty or more years of
service. For members who become members of the New York state and local
employees' retirement system on or after April first, two thousand
twelve, the normal service retirement benefits specified in section five
hundred four of this article shall be payable to general members, other
than elective members, who have met the minimum service requirements
upon retirement and attainment of age sixty-three; PROVIDED THAT, A
MEMBER WHO IS A PEACE OFFICER EMPLOYED BY THE UNIFIED COURT SYSTEM MAY
RETIRE WITHOUT REDUCTION OF HIS OR HER RETIREMENT BENEFIT UPON ATTAIN-
MENT OF AT LEAST FIFTY-FIVE YEARS OF AGE AND COMPLETION OF THIRTY OR
MORE YEARS OF SERVICE.
§ 2. Subdivisions a and a-1 of section 603 of the retirement and
social security law, subdivision a as amended and subdivision a-1 as
added by chapter 18 of the laws of 2012, are amended to read as follows:
a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment of age sixty-
two, other than members who are eligible for early service retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d of section six hundred four-d of this article, subdivision c of
section six hundred four-e of this article, subdivision c of section six
hundred four-f of this article, subdivision c of section six hundred
four-g of this article, subdivision c of section six hundred four-h of
this article or subdivision c of section six hundred four-i of this
article, provided, however, a member of a teachers' retirement system or
the New York state and local employees' retirement system who first
joins such system before January first, two thousand ten or a member who
is a uniformed court officer or peace officer employed by the unified
court system [who first becomes a member of the New York state and local
employees' retirement system before April first, two thousand twelve]
may retire without reduction of his or her retirement benefit upon
attainment of at least fifty-five years of age and completion of thirty
or more years of service, provided, however, that a uniformed court
officer or peace officer employed by the unified court system who first
becomes a member of the New York state and local employees' retirement
system on or after January first, two thousand ten and retires without
reduction of his or her retirement benefit upon attainment of at least
fifty-five years of age and completion of thirty or more years of
service pursuant to this section shall be required to make the member
contributions required by subdivision f of section six hundred thirteen
of this article for all years of credited and creditable service,
provided further that the [the] preceding provisions of this subdivision
shall not apply to a New York city revised plan member.
a-1. For members who first become a member of a public retirement
system of the state on or after April first, two thousand twelve, EXCEPT
S. 8305--B 149
FOR UNIFORMED COURT OFFICERS OR PEACE OFFICERS EMPLOYED BY THE UNIFIED
COURT SYSTEM, the service retirement benefit specified in section six
hundred four of this article shall be payable to members who have met
the minimum service requirements upon retirement and have attained age
sixty-three.
§ 3. Subdivisions a and b-1 of section 604 of the retirement and
social security law, subdivision a as amended and subdivision b-1 as
added by chapter 18 of the laws of 2012, are amended to read as follows:
a. The service retirement benefit at normal retirement age for a
member with less than twenty years of credited service, or less than
twenty-five years credited service for a member who joins the New York
state teachers' retirement system on or after January first, two thou-
sand ten, shall be a retirement allowance equal to one-sixtieth of final
average salary times years of credited service. Normal retirement age
for members who first become members of a public retirement system of
the state on or after April first, two thousand twelve shall be age
sixty-three; EXCEPT THAT THE NORMAL RETIREMENT AGE SHALL BE SIXTY-TWO
FOR A MEMBER WHO IS A PEACE OFFICER OR UNIFORMED COURT OFFICER EMPLOYED
BY THE UNIFIED COURT SYSTEM.
b-1. Notwithstanding any other provision of law to the contrary, the
service retirement benefit for members with twenty or more years of
[credit] CREDITED service who first become a member of a public retire-
ment system of the state on or after April first, two thousand twelve at
age sixty-three, OR AT AGE SIXTY-TWO FOR UNIFORMED COURT OFFICERS OR
PEACE OFFICERS EMPLOYED BY THE UNIFIED COURT SYSTEM, shall be a pension
equal to the sum of thirty-five per centum and one-fiftieth of final
average salary for each year of service in excess of twenty times final
average salary times years of credited service. In no event shall any
retirement benefit payable without optional modification be less than
the actuarially equivalent annuitized value of the member's contrib-
utions accumulated with interest at five percent per annum compounded
annually to the date of retirement.
§ 4. Paragraph 3 of subdivision i of section 603 of the retirement and
social security law, as added by chapter 18 of the laws of 2012, is
amended to read as follows:
3. A member of a public retirement system of the state who has met the
minimum service requirement, but who is not a New York city transit
authority member, as defined in paragraph one of subdivision a of
section six hundred four-b of this article, may retire prior to normal
retirement age, but no earlier than attainment of age fifty-five, in
which event, the amount of his or her retirement benefit computed with-
out optional modification shall be reduced by six and one-half per
centum for each year by which early retirement precedes age sixty-three;
PROVIDED, HOWEVER, THAT FOR A MEMBER WHO IS A UNIFORMED COURT OFFICER OR
PEACE OFFICER EMPLOYED BY THE UNIFIED COURT SYSTEM, THE RETIREMENT BENE-
FIT COMPUTED WITHOUT OPTIONAL MODIFICATION SHALL BE REDUCED IN ACCORD-
ANCE WITH PARAGRAPH ONE OF THIS SUBDIVISION.
§ 5. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject to the appropriation
requirement of section 25 of the retirement and social security law.
§ 6. This act shall take effect immediately; provided that the amend-
ments to subdivision a of section 603 of the retirement and social secu-
rity law made by section two of this act shall not affect the expiration
of such subdivision and shall be deemed to expire therewith.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
S. 8305--B 150
This bill would allow any Tier 6 member who is a uniformed court offi-
cer or peace officer employed by the unified court system to retire
without early age reduction upon attaining 30 years of creditable
service and age 55. It would also reduce the normal retirement age from
63 to 62 and lessen the reductions in benefits for those who retire
prior to normal retirement age.
Insofar as this bill affects the New York State and Local Employees'
Retirement System (NYSLERS), the increased costs would be borne entirely
by the State of New York. If this bill were enacted during the 2024
Legislative Session, the increase in the present value of benefits would
be approximately $34.2 million.
In the NYSLERS, this benefit improvement will be funded by (1) billing
a past service cost to cover retrospective benefit increases and (2)
increasing the billing rates charged annually to cover prospective bene-
fit increases, as follows:
(1) To fund retrospective costs, the State of New York will be
required to pay $18.9 million as of March 1, 2025.
(2) To fund prospective costs, the annual contribution required of the
State of New York will include a separate itemized charge equal to 1.0%
of billable salary reported to the NYSLERS for the affected members, or
approximately $2.2 million beginning in fiscal year ending March 31,
2025. This PERMANENT ANNUAL COST WILL INCREASE as Tier 6 salary grows
and will vary in subsequent billing cycles with changes in the billing
rate.
These estimated costs are based on 2,207 affected members employed by
New York State, with annual salary of approximately $166 million as of
March 31, 2023.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated March 8, 2024, and intended for use only during
the 2024 Legislative Session, is Fiscal Note No. 2024-92, prepared by
the Actuary for the New York State and Local Retirement System.
PART OO
Section 1. The retirement and social security law is amended by
adding a new section 604-j to read as follows:
§ 604-J. TWENTY-FIVE YEAR RETIREMENT PROGRAM FOR FIRE PROTECTION
INSPECTOR MEMBERS. A. DEFINITIONS. THE FOLLOWING WORDS AND PHRASES AS
S. 8305--B 151
USED IN THIS SECTION SHALL HAVE THE FOLLOWING MEANINGS UNLESS A DIFFER-
ENT MEANING IS PLAINLY REQUIRED BY THE CONTEXT.
1. "FIRE PROTECTION INSPECTOR MEMBER" SHALL MEAN A MEMBER WHO IS
EMPLOYED BY THE CITY OF NEW YORK OR BY THE NEW YORK CITY FIRE DEPARTMENT
IN A TITLE WHOSE DUTIES ARE THOSE OF A FIRE PROTECTION INSPECTOR OR
ASSOCIATE FIRE PROTECTION INSPECTOR; OR IN A TITLE WHOSE DUTIES REQUIRE
THE SUPERVISION OF EMPLOYEES WHOSE DUTIES ARE THOSE OF A FIRE PROTECTION
INSPECTOR OR ASSOCIATE FIRE PROTECTION INSPECTOR.
2. "TWENTY-FIVE YEAR RETIREMENT PROGRAM" SHALL MEAN ALL THE TERMS AND
CONDITIONS OF THIS SECTION.
3. "STARTING DATE OF THE TWENTY-FIVE YEAR RETIREMENT PROGRAM" SHALL
MEAN THE EFFECTIVE DATE OF THIS SECTION.
4. "PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM" SHALL MEAN
ANY FIRE PROTECTION INSPECTOR MEMBER WHO, UNDER THE APPLICABLE
PROVISIONS OF SUBDIVISION B OF THIS SECTION, IS ENTITLED TO THE RIGHTS,
BENEFITS, AND PRIVILEGES AND IS SUBJECT TO THE OBLIGATIONS OF THE TWEN-
TY-FIVE YEAR RETIREMENT PROGRAM, AS APPLICABLE TO THEM.
5. "DISCONTINUED MEMBER" SHALL MEAN A PARTICIPANT IN THE TWENTY-FIVE
YEAR RETIREMENT PROGRAM WHO, WHILE THEY WERE A FIRE PROTECTION INSPECTOR
MEMBER, DISCONTINUED SERVICE AS SUCH A MEMBER AND HAS A RIGHT TO A
DEFERRED VESTED BENEFIT UNDER SUBDIVISION D OF THIS SECTION.
6. "ADMINISTRATIVE CODE" SHALL MEAN THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK.
7. "ALLOWABLE SERVICE AS A FIRE PROTECTION INSPECTOR MEMBER" SHALL
MEAN ALL SERVICE AS A FIRE PROTECTION INSPECTOR MEMBER.
B. PARTICIPATION IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM. 1.
SUBJECT TO THE PROVISIONS OF PARAGRAPHS SIX AND SEVEN OF THIS SUBDIVI-
SION, ANY PERSON WHO IS A FIRE PROTECTION INSPECTOR MEMBER ON THE START-
ING DATE OF THE TWENTY-FIVE YEAR RETIREMENT PROGRAM AND WHO, AS SUCH A
FIRE PROTECTION INSPECTOR MEMBER OR OTHERWISE, LAST BECAME SUBJECT TO
THE PROVISIONS OF THIS ARTICLE PRIOR TO SUCH STARTING DATE, MAY ELECT TO
BECOME A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM BY
FILING, WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE STARTING DATE OF THE
TWENTY-FIVE YEAR RETIREMENT PROGRAM, A DULY EXECUTED APPLICATION FOR
SUCH PARTICIPATION WITH THE RETIREMENT SYSTEM OF WHICH SUCH PERSON IS A
MEMBER, PROVIDED THEY ARE SUCH A FIRE PROTECTION INSPECTOR MEMBER ON THE
DATE SUCH APPLICATION IS FILED.
2. SUBJECT TO THE PROVISIONS OF PARAGRAPHS SIX AND SEVEN OF THIS
SUBDIVISION, ANY PERSON WHO BECOMES A FIRE PROTECTION INSPECTOR MEMBER
AFTER THE STARTING DATE OF THE TWENTY-FIVE YEAR RETIREMENT PROGRAM AND
WHO, AS SUCH A FIRE PROTECTION INSPECTOR MEMBER OR OTHERWISE, LAST
BECAME SUBJECT TO THE PROVISIONS OF THIS ARTICLE PRIOR TO SUCH STARTING
DATE, MAY ELECT TO BECOME A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIRE-
MENT PROGRAM BY FILING, WITHIN ONE HUNDRED EIGHTY DAYS AFTER BECOMING
SUCH A FIRE PROTECTION INSPECTOR MEMBER, A DULY EXECUTED APPLICATION FOR
SUCH PARTICIPATION WITH THE RETIREMENT SYSTEM FOR WHICH SUCH PERSON IS A
MEMBER, PROVIDED THEY ARE SUCH A FIRE PROTECTION INSPECTOR MEMBER ON THE
DATE SUCH APPLICATION IS FILED.
3. EACH FIRE PROTECTION INSPECTOR MEMBER, OTHER THAN A FIRE PROTECTION
INSPECTOR MEMBER SUBJECT TO PARAGRAPH ONE OR TWO OF THIS SUBDIVISION,
WHO BECOMES SUBJECT TO THE PROVISIONS OF THIS ARTICLE ON OR AFTER THE
STARTING DATE OF THE TWENTY-FIVE YEAR RETIREMENT PROGRAM SHALL BECOME A
PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM ON THE DATE THEY
BECOME SUCH A FIRE PROTECTION INSPECTOR MEMBER. PROVIDED, HOWEVER, A
PERSON SUBJECT TO THIS PARAGRAPH, AND WHO HAS EXCEEDED AGE TWENTY-FIVE
UPON EMPLOYMENT AS A FIRE PROTECTION INSPECTOR MEMBER, SHALL BE EXEMPT
S. 8305--B 152
FROM PARTICIPATION IN THE IMPROVED TWENTY-FIVE YEAR RETIREMENT PROGRAM
IF SUCH PERSON ELECTS NOT TO PARTICIPATE BY FILING A DULY EXECUTED FORM
WITH THE RETIREMENT SYSTEM WITHIN ONE HUNDRED EIGHTY DAYS OF BECOMING A
FIRE PROTECTION INSPECTOR MEMBER.
4. ANY ELECTION TO BE A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT
PROGRAM SHALL BE IRREVOCABLE.
5. WHERE ANY PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM
SHALL CEASE TO BE EMPLOYED AS A FIRE PROTECTION INSPECTOR MEMBER, THEY
SHALL CEASE TO BE SUCH A PARTICIPANT AND, DURING ANY PERIOD IN WHICH
SUCH PERSON IS NOT SO EMPLOYED, THEY SHALL NOT BE A PARTICIPANT IN THE
TWENTY-FIVE YEAR RETIREMENT PROGRAM AND SHALL NOT BE ELIGIBLE FOR THE
BENEFITS OF SUBDIVISION C OF THIS SECTION.
6. WHERE ANY PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM
TERMINATES SERVICE AS A FIRE PROTECTION INSPECTOR MEMBER AND RETURNS TO
SUCH SERVICE AS A FIRE PROTECTION INSPECTOR MEMBER AT A LATER DATE, THEY
SHALL AGAIN BECOME SUCH A PARTICIPANT ON THAT DATE.
7. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW TO THE CONTRARY, ANY
PERSON WHO IS ELIGIBLE TO ELECT TO BECOME A PARTICIPANT IN THE TWENTY-
FIVE YEAR RETIREMENT PROGRAM PURSUANT TO PARAGRAPH ONE OR TWO OF THIS
SUBDIVISION FOR THE FULL ONE HUNDRED EIGHTY DAY PERIOD PROVIDED FOR IN
SUCH APPLICABLE PARAGRAPH AND WHO FAILS TO TIMELY FILE A DULY EXECUTED
APPLICATION FOR SUCH PARTICIPATION WITH THE RETIREMENT SYSTEM, SHALL NOT
THEREAFTER BE ELIGIBLE TO BECOME A PARTICIPANT IN SUCH PROGRAM.
C. SERVICE RETIREMENT BENEFITS. 1. A PARTICIPANT IN THE TWENTY-FIVE
YEAR RETIREMENT PROGRAM:
(I) WHO HAS COMPLETED TWENTY-FIVE OR MORE YEARS OF ALLOWABLE SERVICE
AS A FIRE PROTECTION INSPECTOR MEMBER; AND
(II) WHO HAS PAID, BEFORE THE EFFECTIVE DATE OF RETIREMENT, ALL ADDI-
TIONAL MEMBER CONTRIBUTIONS AND INTEREST (IF ANY) REQUIRED BY SUBDIVI-
SION E OF THIS SECTION; AND
(III) WHO FILES WITH THE RETIREMENT SYSTEM OF WHICH THEY ARE A MEMBER
AN APPLICATION FOR SERVICE RETIREMENT SETTING FORTH AT WHAT TIME, NOT
LESS THAN THIRTY DAYS SUBSEQUENT TO THE EXECUTION AND FILING THEREOF,
THEIR DESIRE TO BE RETIRED; AND
(IV) WHO SHALL BE A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT
PROGRAM AT THE TIME SO SPECIFIED FOR THEIR RETIREMENT; SHALL BE RETIRED
PURSUANT TO THE PROVISIONS OF THIS SECTION AFFORDING EARLY SERVICE
RETIREMENT.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A-1 OF SECTION SIX
HUNDRED THREE OF THIS ARTICLE, OR ANY OTHER PROVISION OF LAW TO THE
CONTRARY, AND SUBJECT TO THE PROVISIONS OF PARAGRAPH SIX OF SUBDIVISION
E OF THIS SECTION, THE EARLY SERVICE RETIREMENT BENEFIT FOR PARTICIPANTS
IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM WHO RETIRE PURSUANT TO PARA-
GRAPH ONE OF THIS SUBDIVISION SHALL BE A RETIREMENT ALLOWANCE CONSISTING
OF:
(I) AN AMOUNT, ON ACCOUNT OF THE REQUIRED MINIMUM PERIOD OF SERVICE,
EQUAL TO FIFTY PERCENT OF THEIR FINAL AVERAGE SALARY; PLUS
(II) AN AMOUNT ON ACCOUNT OF ALLOWABLE SERVICE AS A FIRE PROTECTION
INSPECTOR MEMBER, OR FRACTION THEREOF, BEYOND SUCH REQUIRED MINIMUM
PERIOD OF SERVICE EQUAL TO TWO PERCENT OF THEIR FINAL SALARY FOR SUCH
ALLOWABLE SERVICE AS A FIRE PROTECTION INSPECTOR MEMBER DURING THE PERI-
OD FROM COMPLETION OF TWENTY-FIVE YEARS OF ALLOWABLE SERVICE AS A FIRE
PROTECTION INSPECTOR MEMBER TO THE DATE OF RETIREMENT BUT NOT TO EXCEED
MORE THAN FIVE YEARS OF ADDITIONAL SERVICE AS A FIRE PROTECTION INSPEC-
TOR MEMBER.
S. 8305--B 153
D. VESTING. 1. A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT
PROGRAM:
(I) WHO DISCONTINUES SERVICE AS SUCH A PARTICIPANT, OTHER THAN BY
DEATH OR RETIREMENT; AND
(II) WHO PRIOR TO SUCH DISCONTINUANCE, COMPLETED FIVE BUT LESS THAN
TWENTY-FIVE YEARS OF ALLOWABLE SERVICE AS A FIRE PROTECTION INSPECTOR
MEMBER; AND
(III) WHO, SUBJECT TO THE PROVISIONS OF PARAGRAPH SEVEN OF SUBDIVISION
E OF THIS SECTION, HAS PAID, PRIOR TO SUCH DISCONTINUANCE, ALL ADDI-
TIONAL MEMBER CONTRIBUTIONS AND INTEREST (IF ANY) REQUIRED BY SUBDIVI-
SION E OF THIS SECTION; AND
(IV) WHO DOES NOT WITHDRAW IN WHOLE OR IN PART THEIR ACCUMULATED
MEMBER CONTRIBUTIONS PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF THIS
ARTICLE UNLESS SUCH PARTICIPANT THEREAFTER RETURNS TO PUBLIC SERVICE AND
REPAYS THE AMOUNTS SO WITHDRAWN, TOGETHER WITH INTEREST, PURSUANT TO
SUCH SECTION SIX HUNDRED THIRTEEN; SHALL BE ENTITLED TO RECEIVE A
DEFERRED VESTED BENEFIT AS PROVIDED IN THIS SUBDIVISION.
2. (I) UPON SUCH DISCONTINUANCE UNDER THE CONDITIONS AND IN COMPLIANCE
WITH THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION, SUCH DEFERRED
VESTED BENEFIT SHALL VEST AUTOMATICALLY.
(II) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK CITY REVISED
PLAN MEMBER, SUCH VESTED BENEFIT SHALL BECOME PAYABLE ON THE EARLIEST
DATE ON WHICH SUCH DISCONTINUED MEMBER COULD HAVE RETIRED FOR SERVICE IF
SUCH DISCONTINUANCE HAD NOT OCCURRED OR, IN THE CASE OF A PARTICIPANT
WHO IS A NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED BENEFIT SHALL
BECOME PAYABLE AT AGE SIXTY-THREE. SUBJECT TO THE PROVISIONS OF PARA-
GRAPH SEVEN OF SUBDIVISION E OF THIS SECTION, SUCH DEFERRED VESTED BENE-
FIT SHALL BE A RETIREMENT ALLOWANCE CONSISTING OF AN AMOUNT EQUAL TO TWO
PERCENT OF SUCH DISCONTINUED MEMBER'S FINAL AVERAGE SALARY, MULTIPLIED
BY THE NUMBER OF YEARS OF CREDITED SERVICE.
E. ADDITIONAL MEMBER CONTRIBUTIONS. 1. IN ADDITION TO THE MEMBER
CONTRIBUTIONS REQUIRED BY SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE,
EACH PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM SHALL
CONTRIBUTE TO THE RETIREMENT SYSTEM OF WHICH THEY ARE A MEMBER (SUBJECT
TO THE APPLICABLE PROVISIONS OF SUBDIVISION D OF SECTION SIX HUNDRED
THIRTEEN OF THIS ARTICLE AND SUBJECT TO THE LIMITATION PROVIDED FOR IN
PARAGRAPH TWO OF THIS SUBDIVISION) AN ADDITIONAL SIX AND TWENTY-FIVE
ONE-HUNDREDTHS PERCENT OF THEIR COMPENSATION EARNED FROM (I) ALL ALLOW-
ABLE SERVICE, AS A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT
PROGRAM, RENDERED ON OR AFTER THE STARTING DATE OF THE TWENTY-FIVE YEAR
RETIREMENT PROGRAM, AND (II) ALL ALLOWABLE SERVICE AFTER SUCH PERSON
CEASES TO BE A PARTICIPANT, BUT BEFORE THEY AGAIN BECOME A PARTICIPANT
PURSUANT TO PARAGRAPH SIX OF SUBDIVISION B OF THIS SECTION. THE ADDI-
TIONAL CONTRIBUTIONS REQUIRED BY THIS SECTION SHALL BE IN LIEU OF ADDI-
TIONAL MEMBER CONTRIBUTIONS REQUIRED BY SUBDIVISION D OF SECTION SIX
HUNDRED FOUR-C OF THIS ARTICLE, AS ADDED BY CHAPTER NINETY-SIX OF THE
LAWS OF NINETEEN HUNDRED NINETY-FIVE, AND NO MEMBER MAKING ADDITIONAL
CONTRIBUTIONS PURSUANT TO THIS SECTION SHALL BE REQUIRED TO MAKE
CONTRIBUTIONS PURSUANT TO SUCH SUBDIVISION D OF SECTION SIX HUNDRED
FOUR-C OF THIS ARTICLE. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
PARAGRAPH, THE ADDITIONAL MEMBER CONTRIBUTION REQUIRED TO BE PAID BY
EACH PARTICIPANT PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED THE
PERCENTAGE OF THEIR COMPENSATION THAT, WHEN ADDED TO THE CONTRIBUTION
MADE PURSUANT TO SUBDIVISION D OF SECTION SIX HUNDRED THIRTEEN OF THIS
ARTICLE, EQUALS NINE AND TWENTY-FIVE ONE-HUNDREDTHS PERCENT OF THAT
COMPENSATION.
S. 8305--B 154
2. A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM SHALL
CONTRIBUTE ADDITIONAL MEMBER CONTRIBUTIONS UNTIL THE LATER OF (I) THE
FIRST ANNIVERSARY OF THE STARTING DATE OF THE TWENTY-FIVE YEAR RETIRE-
MENT PROGRAM, OR (II) THE DATE ON WHICH THEY COMPLETE THIRTY YEARS OF
ALLOWABLE SERVICE AS A FIRE PROTECTION INSPECTOR MEMBER.
3. COMMENCING WITH THE FIRST FULL PAYROLL PERIOD AFTER EACH PERSON
BECOMES A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM, ADDI-
TIONAL MEMBER CONTRIBUTIONS AT THE RATE SPECIFIED IN PARAGRAPH ONE OF
THIS SUBDIVISION SHALL BE DEDUCTED (SUBJECT TO THE APPLICABLE PROVISIONS
OF SUBDIVISION D OF SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE) FROM
THE COMPENSATION OF SUCH PARTICIPANT ON EACH AND EVERY PAYROLL OF SUCH
PARTICIPANT FOR EACH AND EVERY PAYROLL PERIOD FOR WHICH THEY ARE SUCH A
PARTICIPANT.
4. (I) EACH PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM
SHALL BE CHARGED WITH A CONTRIBUTION DEFICIENCY CONSISTING OF THE TOTAL
AMOUNTS OF ADDITIONAL MEMBER CONTRIBUTIONS SUCH PERSON IS REQUIRED TO
MAKE PURSUANT TO PARAGRAPHS ONE AND TWO OF THIS SUBDIVISION WHICH ARE
NOT DEDUCTED FROM THEIR COMPENSATION PURSUANT TO PARAGRAPH THREE OF THIS
SUBDIVISION, IF ANY, TOGETHER WITH INTEREST THEREON, COMPOUNDED ANNUAL-
LY, AND COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPHS (II)
AND (III) OF THIS PARAGRAPH.
(II) (A) THE INTEREST REQUIRED TO BE PAID ON EACH SUCH AMOUNT SPECI-
FIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL ACCRUE FROM THE END OF
THE PAYROLL PERIOD FOR WHICH SUCH AMOUNT WOULD HAVE BEEN DEDUCTED FROM
COMPENSATION IF THEY HAD BEEN A PARTICIPANT AT THE BEGINNING OF THAT
PAYROLL PERIOD AND SUCH DEDUCTION HAD BEEN REQUIRED FOR SUCH PAYROLL
PERIOD, UNTIL SUCH AMOUNT IS PAID TO THE RETIREMENT SYSTEM.
(B) THE RATE OF INTEREST TO BE APPLIED TO EACH SUCH AMOUNT DURING THE
PERIOD FOR WHICH INTEREST ACCRUES ON THAT AMOUNT SHALL BE EQUAL TO THE
RATE OR RATES OF INTEREST REQUIRED BY LAW TO BE USED DURING THAT SAME
PERIOD TO CREDIT INTEREST ON THE ACCUMULATED DEDUCTIONS OF RETIREMENT
SYSTEM MEMBERS.
(III) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH FIVE OF THIS SUBDIVI-
SION, NO INTEREST SHALL BE DUE ON ANY UNPAID ADDITIONAL MEMBER CONTRIB-
UTIONS WHICH ARE NOT ATTRIBUTABLE TO A PERIOD PRIOR TO THE FIRST FULL
PAYROLL PERIOD REFERRED TO IN PARAGRAPH THREE OF THIS SUBDIVISION.
5. (I) SHOULD ANY PERSON WHO, PURSUANT TO SUBPARAGRAPH (II) OF PARA-
GRAPH TEN OF THIS SUBDIVISION, HAS RECEIVED A REFUND OF THEIR ADDITIONAL
MEMBER CONTRIBUTION INCLUDING ANY INTEREST PAID ON SUCH CONTRIBUTIONS,
AGAIN BECOME A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM
PURSUANT TO PARAGRAPH SIX OF SUBDIVISION B OF THIS SECTION, AN APPROPRI-
ATE AMOUNT SHALL BE INCLUDED IN SUCH PARTICIPANT'S CONTRIBUTION DEFI-
CIENCY (INCLUDING INTEREST THEREON AS CALCULATED PURSUANT TO SUBPARA-
GRAPH (II) OF THIS PARAGRAPH) FOR ANY CREDITED SERVICE FOR WHICH SUCH
PERSON RECEIVED A REFUND OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS
(INCLUDING ANY AMOUNT OF AN UNPAID LOAN BALANCE DEEMED TO HAVE BEEN
RETURNED TO SUCH PERSON PURSUANT TO PARAGRAPH TWELVE OF THIS SUBDIVI-
SION), AS IF SUCH ADDITIONAL MEMBER CONTRIBUTIONS NEVER HAD BEEN PAID.
(II)(A) INTEREST ON A PARTICIPANT'S ADDITIONAL MEMBER CONTRIBUTIONS
INCLUDED IN SUCH PARTICIPANT'S CONTRIBUTION DEFICIENCY PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE CALCULATED AS IF SUCH ADDI-
TIONAL MEMBER CONTRIBUTIONS HAD NEVER BEEN PAID BY SUCH PARTICIPANT, AND
SUCH INTEREST SHALL ACCRUE FROM THE END OF THE PAYROLL PERIOD TO WHICH
AN AMOUNT OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS IS ATTRIBUTABLE, UNTIL
SUCH AMOUNT IS PAID TO THE RETIREMENT SYSTEM.
S. 8305--B 155
(B) THE RATE OF INTEREST TO BE APPLIED TO EACH SUCH AMOUNT DURING THE
PERIOD FOR WHICH INTEREST ACCRUES ON THAT AMOUNT SHALL BE FIVE PERCENT
PER ANNUM, COMPOUNDED ANNUALLY.
6. WHERE A PARTICIPANT WHO IS OTHERWISE ELIGIBLE FOR SERVICE RETIRE-
MENT PURSUANT TO SUBDIVISION C OF THIS SECTION DID NOT, PRIOR TO THE
EFFECTIVE DATE OF RETIREMENT, PAY THE ENTIRE AMOUNT OF A CONTRIBUTION
DEFICIENCY CHARGEABLE TO THEM PURSUANT TO PARAGRAPHS FOUR AND FIVE OF
THIS SUBDIVISION, OR REPAY THE ENTIRE AMOUNT OF A LOAN OF THEIR ADDI-
TIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF THIS SUBDI-
VISION (INCLUDING ACCRUED INTEREST ON SUCH LOAN), THAT PARTICIPANT,
NEVERTHELESS, SHALL BE ELIGIBLE TO RETIRE PURSUANT TO SUBDIVISION C OF
THIS SECTION, PROVIDED, HOWEVER, THAT SUCH PARTICIPANT'S SERVICE RETIRE-
MENT BENEFIT CALCULATED PURSUANT TO PARAGRAPH TWO OF SUCH SUBDIVISION C
OF THIS SECTION SHALL BE REDUCED BY A LIFE ANNUITY (CALCULATED IN
ACCORDANCE WITH THE METHOD SET FORTH IN SUBDIVISION I OF SECTION SIX
HUNDRED THIRTEEN-B OF THIS ARTICLE) WHICH IS ACTUARIALLY EQUIVALENT TO:
(I) THE AMOUNT OF ANY UNPAID CONTRIBUTION DEFICIENCY CHARGEABLE TO
SUCH MEMBER PURSUANT TO PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION;
PLUS
(II) THE AMOUNT OF ANY UNPAID BALANCE OF A LOAN OF THEIR ADDITIONAL
MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF THIS SUBDIVISION
(INCLUDING ACCRUED INTEREST ON SUCH LOAN).
7. WHERE A PARTICIPANT WHO IS OTHERWISE ELIGIBLE FOR A VESTED RIGHT TO
A DEFERRED BENEFIT PURSUANT TO SUBDIVISION D OF THIS SECTION DID NOT,
PRIOR TO THE DATE OF DISCONTINUANCE OF SERVICE, PAY THE ENTIRE AMOUNT OF
A CONTRIBUTION DEFICIENCY CHARGEABLE TO THEM PURSUANT TO PARAGRAPHS FOUR
AND FIVE OF THIS SUBDIVISION, OR REPAY THE ENTIRE AMOUNT OF A LOAN OF
THEIR ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF
THIS SUBDIVISION (INCLUDING ACCRUED INTEREST ON SUCH LOAN), THAT PARTIC-
IPANT, NEVERTHELESS, SHALL HAVE A VESTED RIGHT TO A DEFERRED BENEFIT
PURSUANT TO SUBDIVISION D OF THIS SECTION PROVIDED, HOWEVER, THAT THE
DEFERRED VESTED BENEFIT CALCULATED PURSUANT TO PARAGRAPH TWO OF SUBDIVI-
SION D OF THIS SECTION SHALL BE REDUCED BY A LIFE ANNUITY (CALCULATED IN
ACCORDANCE WITH THE METHOD SET FORTH IN SUBDIVISION I OF SECTION SIX
HUNDRED THIRTEEN-B OF THIS ARTICLE) WHICH IS ACTUARIALLY EQUIVALENT TO:
(I) THE AMOUNT OF ANY UNPAID CONTRIBUTION CHARGEABLE TO SUCH MEMBER
PURSUANT TO PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION; PLUS
(II) THE AMOUNT OF ANY UNPAID BALANCE OF A LOAN OF THEIR ADDITIONAL
MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF THIS SUBDIVISION
(INCLUDING ACCRUED INTEREST ON SUCH A LOAN).
8. THE HEAD OF A RETIREMENT SYSTEM WHICH INCLUDES PARTICIPANTS IN THE
TWENTY-FIVE YEAR RETIREMENT PROGRAM IN ITS MEMBERSHIP MAY, CONSISTENT
WITH THE PROVISIONS OF THIS SUBDIVISION, PROMULGATE REGULATIONS FOR THE
PAYMENT OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS, AND ANY INTEREST THERE-
ON, BY SUCH PARTICIPANTS (INCLUDING THE DEDUCTION OF SUCH CONTRIBUTIONS,
AND ANY INTEREST THEREON, FROM THE PARTICIPANT'S COMPENSATION).
9. SUBJECT TO THE PROVISIONS OF PARAGRAPHS SIX AND SEVEN OF THIS
SUBDIVISION, WHERE A PARTICIPANT HAS NOT PAID IN FULL ANY CONTRIBUTION
DEFICIENCY CHARGEABLE TO THEM PURSUANT TO PARAGRAPHS FOUR AND FIVE OF
THIS SUBDIVISION, AND A BENEFIT, OTHER THAN A REFUND OF MEMBER CONTRIB-
UTIONS PURSUANT TO SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE OR A
REFUND OF ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO SUBPARAGRAPH (II)
OF PARAGRAPH TEN OF THIS SUBDIVISION, BECOMES PAYABLE UNDER THIS ARTICLE
TO THE PARTICIPANT OR TO THEIR DESIGNATED BENEFICIARY OR ESTATE, THE
ACTUARIAL EQUIVALENT OF ANY SUCH UNPAID AMOUNT SHALL BE DEDUCTED FROM
THE BENEFIT OTHERWISE PAYABLE.
S. 8305--B 156
10. (I) SUCH ADDITIONAL MEMBER CONTRIBUTIONS (AND ANY INTEREST THERE-
ON) SHALL BE PAID INTO THE CONTINGENT RESERVE FUND OF THE RETIREMENT
SYSTEM OF WHICH THE PARTICIPANT IS A MEMBER AND SHALL NOT FOR ANY
PURPOSE BE DEEMED TO BE MEMBER CONTRIBUTIONS OR ACCUMULATED CONTRIB-
UTIONS OF A MEMBER UNDER SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE OR
OTHERWISE WHILE THEY ARE A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIRE-
MENT PROGRAM OR OTHERWISE.
(II) SHOULD A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM
WHO HAS RENDERED LESS THAN FIFTEEN YEARS OF CREDITED SERVICE CEASE TO
HOLD A POSITION AS A FIRE PROTECTION INSPECTOR MEMBER FOR ANY REASON
WHATSOEVER, THEIR ACCUMULATED ADDITIONAL MEMBER CONTRIBUTIONS MADE
PURSUANT TO THIS SUBDIVISION (TOGETHER WITH ANY INTEREST THEREON PAID TO
THE RETIREMENT SYSTEM) MAY BE WITHDRAWN BY THEM PURSUANT TO PROCEDURES
PROMULGATED IN REGULATIONS OF THE BOARD OF TRUSTEES OF THE RETIREMENT
SYSTEM, TOGETHER WITH INTEREST THEREON AT THE RATE OF FIVE PERCENT PER
ANNUM, COMPOUNDED ANNUALLY.
(III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, (A)
NO PERSON SHALL BE PERMITTED TO WITHDRAW FROM THE RETIREMENT SYSTEM ANY
ADDITIONAL MEMBER CONTRIBUTIONS PAID PURSUANT TO THIS SUBDIVISION OR ANY
INTEREST PAID THEREON, EXCEPT PURSUANT TO AND IN ACCORDANCE WITH THE
PRECEDING SUBPARAGRAPHS OF THIS PARAGRAPH; AND (B) NO PERSON, WHILE THEY
ARE A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM, SHALL BE
PERMITTED TO WITHDRAW ANY SUCH ADDITIONAL MEMBER CONTRIBUTIONS OR ANY
INTEREST PAID THEREON PURSUANT TO ANY OF THE PRECEDING SUBPARAGRAPHS OF
THIS PARAGRAPH OR OTHERWISE.
11. A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM SHALL BE
PERMITTED TO BORROW FROM THEIR ADDITIONAL MEMBER CONTRIBUTIONS (INCLUD-
ING ANY INTEREST PAID THEREON) WHICH ARE CREDITED TO THE ADDITIONAL
CONTRIBUTIONS ACCOUNT ESTABLISHED FOR SUCH PARTICIPANT IN THE CONTINGENT
RESERVE FUND OF THE RETIREMENT SYSTEM. THE BORROWING FROM SUCH ADDI-
TIONAL MEMBER CONTRIBUTIONS PURSUANT TO THIS PARAGRAPH SHALL BE GOVERNED
BY THE RIGHTS, PRIVILEGES, OBLIGATIONS, AND PROCEDURES SET FORTH IN
SECTION SIX HUNDRED THIRTEEN-B OF THIS ARTICLE WHICH GOVERN THE BORROW-
ING OF MEMBER CONTRIBUTIONS MADE PURSUANT TO SECTION SIX HUNDRED THIR-
TEEN OF THIS ARTICLE. THE BOARD OF TRUSTEES OF THE RETIREMENT SYSTEM
MAY, CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION AND THE
PROVISIONS OF SECTION SIX HUNDRED THIRTEEN-B OF THIS ARTICLE AS MADE
APPLICABLE TO THIS SUBDIVISION, PROMULGATE REGULATIONS GOVERNING THE
BORROWING OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS.
12. WHENEVER A PERSON HAS AN UNPAID BALANCE OF A LOAN OR THEIR ADDI-
TIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF THIS SUBDI-
VISION AT THE TIME THEY BECOME ENTITLED TO A REFUND OF THEIR ADDITIONAL
MEMBER CONTRIBUTIONS PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH TEN OF
THIS SUBDIVISION, THE AMOUNT OF SUCH UNPAID LOAN BALANCE (INCLUDING
ACCRUED INTEREST) SHALL BE DEEMED TO HAVE BEEN RETURNED TO SUCH MEMBER,
AND THE REFUND OF SUCH ADDITIONAL CONTRIBUTIONS SHALL BE THE NET AMOUNT
OF SUCH CONTRIBUTION, TOGETHER WITH INTEREST THEREON IN ACCORDANCE WITH
THE PROVISIONS OF SUCH SUBPARAGRAPH (II).
§ 2. Subdivision d of section 613 of the retirement and social securi-
ty law is amended by adding a new paragraph 12 to read as follows:
12. (I) THE CITY OF NEW YORK SHALL, IN THE CASE OF A FIRE PROTECTION
INSPECTOR MEMBER (AS DEFINED IN PARAGRAPH ONE OF SUBDIVISION A OF
SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE) WHO IS A PARTICIPANT IN THE
TWENTY-FIVE YEAR RETIREMENT PROGRAM (AS DEFINED IN PARAGRAPH FOUR OF
SUBDIVISION A OF SUCH SECTION SIX HUNDRED FOUR-J), PICK UP AND PAY TO
THE RETIREMENT SYSTEM OF WHICH SUCH PARTICIPANT IS A MEMBER ALL ADDI-
S. 8305--B 157
TIONAL MEMBER CONTRIBUTIONS WHICH OTHERWISE WOULD BE REQUIRED TO BE
DEDUCTED FROM SUCH MEMBER'S COMPENSATION PURSUANT TO PARAGRAPHS ONE AND
TWO OF SUBDIVISION E OF SUCH SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE
(NOT INCLUDING ANY ADDITIONAL MEMBER CONTRIBUTIONS DUE FOR ANY PERIOD
PRIOR TO THE FIRST FULL PAYROLL PERIOD REFERRED TO IN SUCH PARAGRAPH
THREE OF SUCH SUBDIVISION E), AND SHALL EFFECT SUCH PICK UP IN EACH AND
EVERY PAYROLL OF SUCH PARTICIPANT FOR EACH AND EVERY PAYROLL PERIOD WITH
RESPECT TO WHICH SUCH PARAGRAPH THREE WOULD OTHERWISE REQUIRE SUCH
DEDUCTIONS.
(II) AN AMOUNT EQUAL TO THE AMOUNT OF ADDITIONAL CONTRIBUTIONS PICKED
UP PURSUANT TO THIS PARAGRAPH SHALL BE DEDUCTED BY SUCH EMPLOYER FROM
THE COMPENSATION OF SUCH MEMBER (AS SUCH COMPENSATION WOULD BE IN THE
ABSENCE OF A PICK UP PROGRAM APPLICABLE TO THEM HEREUNDER) AND SHALL NOT
BE PAID TO SUCH MEMBER.
(III) THE ADDITIONAL MEMBER CONTRIBUTIONS PICKED UP PURSUANT TO THIS
PARAGRAPH FOR ANY SUCH MEMBER SHALL BE PAID BY SUCH EMPLOYER IN LIEU OF
AN EQUAL AMOUNT OF ADDITIONAL MEMBER CONTRIBUTIONS OTHERWISE REQUIRED TO
BE PAID BY SUCH MEMBER UNDER THE APPLICABLE PROVISIONS OF SUBDIVISION E
OF SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE, AND SHALL BE DEEMED TO BE
AND TREATED AS EMPLOYER CONTRIBUTIONS PURSUANT TO SECTION 414(H) OF THE
INTERNAL REVENUE CODE.
(IV) FOR THE PURPOSE OF DETERMINING THE RETIREMENT SYSTEM RIGHTS,
BENEFITS, AND PRIVILEGES OF ANY MEMBER WHOSE ADDITIONAL MEMBER CONTRIB-
UTIONS ARE PICKED UP PURSUANT TO THIS PARAGRAPH, SUCH PICKED UP ADDI-
TIONAL MEMBER CONTRIBUTIONS SHALL BE DEEMED TO BE AND TREATED AS PART OF
SUCH MEMBER'S ADDITIONAL MEMBER CONTRIBUTIONS UNDER THE APPLICABLE
PROVISIONS OF SUBDIVISION E OF SECTION SIX HUNDRED FOUR-J OF THIS ARTI-
CLE.
(V) WITH THE EXCEPTION OF FEDERAL INCOME TAX TREATMENT, THE ADDITIONAL
MEMBER CONTRIBUTIONS PICKED UP PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL FOR ALL OTHER PURPOSES, INCLUDING COMPUTATION OF RETIRE-
MENT BENEFITS AND CONTRIBUTIONS BY EMPLOYERS AND EMPLOYEES, BE DEEMED
EMPLOYEE SALARY. NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE
CONSTRUED AS SUPERSEDING THE PROVISIONS OF SECTION FOUR HUNDRED THIRTY-
ONE OF THIS CHAPTER, OR ANY SIMILAR PROVISION OF LAW WHICH LIMITS THE
SALARY BASE FOR COMPUTING RETIREMENT BENEFITS PAYABLE BY A PUBLIC
RETIREMENT SYSTEM.
§ 3. Subdivision a of section 603 of the retirement and social securi-
ty law, as amended by chapter 18 of the laws of 2012, is amended to read
as follows:
a. The service retirement benefit specified in section six hundred
four of this article shall be payable to members who have met the mini-
mum service requirements upon retirement and attainment of age sixty-
two, other than members who are eligible for early service retirement
pursuant to subdivision c of section six hundred four-b of this article,
subdivision c of section six hundred four-c of this article, subdivision
d of section six hundred four-d of this article, subdivision c of
section six hundred four-e of this article, subdivision c of section six
hundred four-f of this article, subdivision c of section six hundred
four-g of this article, subdivision c of section six hundred four-h of
this article [or] subdivision c of section six hundred four-i of this
article, OR SUBDIVISION C OF SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE,
provided, however, a member of a teachers' retirement system or the New
York state and local employees' retirement system who first joins such
system before January first, two thousand ten or a member who is a
uniformed court officer or peace officer employed by the unified court
S. 8305--B 158
system who first becomes a member of the New York state and local
employees' retirement system before April first, two thousand twelve may
retire without reduction of [his or her] THEIR retirement benefit upon
attainment of at least fifty-five years of age and completion of thirty
or more years of service, provided, however, that a uniformed court
officer or peace officer employed by the unified court system who first
becomes a member of the New York state and local employees' retirement
system on or after January first, two thousand ten and retires without
reduction of [his or her] THEIR retirement benefit upon attainment of at
least fifty-five years of age and completion of thirty or more years of
service pursuant to this section shall be required to make the member
contributions required by subdivision f of section six hundred thirteen
of this article for all years of credited and creditable service,
provided further that the [the] preceding provisions of this subdivision
shall not apply to a New York city revised plan member.
§ 4. Nothing contained in sections two and three of this act shall be
construed to create any contractual right with respect to members to
whom such sections apply. The provisions of such sections are intended
to afford members the advantages of certain benefits contained in the
internal revenue code, and the effectiveness and existence of such
sections and benefits they confer are completely contingent thereon.
§ 5. This act shall take effect immediately, provided, however that:
(a) The provisions of sections two and three of this act shall remain
in full force and effect only so long as, pursuant to federal law,
contributions picked up under such sections are not includable as gross
income of a member for federal income tax purposes until distributed or
made available to the member; provided that the New York city employees'
retirement system shall notify the legislative bill drafting commission
upon the occurrence of such a change in federal law ruling affecting the
provisions of this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law;
(b) The amendments to subdivision a of section 603 of the retirement
and social security law made by section three of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith.
PART PP
Section 1. Section 212 of the retirement and social security law is
amended by adding a new subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS
SECTION, THE EARNING LIMITATIONS FOR RETIRED PERSONS IN POSITIONS OF
PUBLIC SERVICE SHALL BE INCREASED TO FIFTY THOUSAND DOLLARS FROM THE
YEAR TWO THOUSAND TWENTY-FOUR AND THEREAFTER.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow a retired person of the New York State and Local
Retirement System who returns to public employment with an annual salary
of $50,000 or less to continue to receive their full retirement benefit.
Currently, the salary limit is $35,000.
Insofar as this bill affects the New York State and Local Employees'
Retirement System (NYSLERS), if this bill were enacted during the 2024
Legislative Session, the direct cost incurred would be the retiree's
S. 8305--B 159
pension benefit paid while post-retirement earnings are between $35,000
and $50,000 each calendar year. The pension benefit expected to be paid
by the NYSLERS during that 2.5-month period is estimated to be $9,000
per person.
In addition to the direct cost quoted above, there would be additional
costs in the form of lost employer contributions due to non-billable
post-retirement earnings, which is estimated to be $2,250 per person.
In the NYSLERS, pursuant to Section 25 of the Retirement and Social
Security Law, the increased costs would be borne entirely by the State
of New York and would require an itemized appropriation sufficient to
pay the cost of the provision. For each retiree rehired pursuant to this
proposal, an annual cost of $11,250 is expected.
Insofar as this bill affects the New York State and Local Police and
Fire Retirement System (NYSLPFRS), if this bill were enacted during the
2024 Legislative Session, the direct cost incurred would be the
retiree's pension benefit paid while post-retirement earnings are
between $35,000 and $50,000 each calendar year. The pension benefit
expected to be paid by the NYSLPFRS during that 1-month period is esti-
mated to be $7,500 per person.
In addition to the direct cost quoted above, there would be additional
costs in the form of lost employer contributions due to non-billable
post-retirement earnings, which is estimated to be $4,500 per person.
In the NYSLPFRS, all costs will be shared by the State of New York and
all participating employers in the NYSLPFRS and spread over future bill-
ing cycles. For each retiree rehired pursuant to this proposal, an annu-
al cost of $12,000 is expected.
In addition to the direct costs quoted above, insofar as this proposal
disrupts the usual pattern and timing of employee turnover (that is, if
members retire earlier than assumed and participating employers hire a
retiree instead of a new billable member), shifts in member behavior
could generate losses that increase the average billing rate in 20-year
and 25-year service-based plans from 31.2% to 40.8%. In age-based plans,
average billing rates could increase from 15.2% to 18.7%. The actual
increase in billing rates will depend upon member and employer utiliza-
tion, with the rates above representing an upper maximum.
Since this proposal exclusively benefits retirees, the increased costs
are primarily attributable to retirees from Tiers 1 -- 3. Approximately
half the contributions required to fund this proposal will be collected
on salary reported for current members of Tier 6.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
S. 8305--B 160
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated March 7, 2024, and intended for use only during
the 2024 Legislative Session, is Fiscal Note No. 2024-143, prepared by
the Actuary for the New York State and Local Retirement System.
PART QQ
Section 1. Section 3 of part HH of chapter 56 of the laws of 2022
amending the retirement and social security law relating to waiving
approval and income limitations on retirees employed in school districts
and board of cooperative educational services, as amended by section 1
of part V of chapter 55 of the laws of 2023, is amended to read as
follows:
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2024] 2025.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow retirees employed by a New York State school
district or by the board of cooperative educational services (BOCES) to
collect a salary without suspension or diminution of their pension bene-
fit through June 30, 2025.
Pursuant to Section 25 of the Retirement and Social Security Law, the
increased costs would be borne entirely by the State of New York and
would require an itemized appropriation sufficient to pay the cost of
the provision.
Insofar as this bill affects the New York State and Local Employees'
Retirement System (NYSLERS), if this bill were enacted during the 2024
Legislative Session, the direct cost incurred would be the retiree's
pension benefit paid while post-retirement earnings are above $35,000
each calendar year. The pension benefit expected to be paid by the
NYSLERS during that 6-month period is estimated to be $22,000 per
person.
In addition to the direct cost quoted above, there would be additional
costs in the form of lost employer contributions due to non-billable
post-retirement earnings, which is estimated to be $5,500 per person.
In the NYSLERS, this benefit improvement will be funded by including a
separate itemized charge on the New York State annual invoice, equal to
the costs quoted above, plus interest.
The number of members and retirees who could be affected by this
legislation cannot be readily determined. For each retiree hired pursu-
ant to this proposal, an annual cost of $27,500 is expected.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
S. 8305--B 161
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated March 6, 2024, and intended for use only during
the 2024 Legislative Session, is Fiscal Note No. 2024-140, prepared by
the Actuary for the New York State and Local Retirement System.
PART RR
Section 1. The executive law is amended by adding a new article 15-D
to read as follows:
ARTICLE 15-D
OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
SECTION 328-E. DEFINITIONS.
328-F. OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE; DIRECTOR,
ORGANIZATION AND EMPLOYEES.
328-G. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
328-H. REPORTING.
§ 328-E. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "OFFICE" MEANS THE OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE.
2. "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE OF RACIAL EQUITY AND
SOCIAL JUSTICE.
3. "EQUITY" MEANS FAIR AND JUST OPPORTUNITIES AND OUTCOMES FOR ALL
INDIVIDUALS.
4. "SOCIAL JUSTICE" MEANS EVERY INDIVIDUAL DESERVES TO BENEFIT FROM
THE SAME ECONOMIC, POLITICAL AND SOCIAL RIGHTS AND OPPORTUNITIES, FREE
FROM HEALTH DISPARITIES, REGARDLESS OF RACE; SOCIOECONOMIC STATUS; AGE;
SEX, INCLUDING ON THE BASIS OF GENDER IDENTITY OR ORIENTATION; RELIGION;
DISABILITY; OR OTHER CHARACTERISTICS.
5. "RACE" MEANS A SOCIAL CONSTRUCT THAT ARTIFICIALLY DIVIDES PEOPLE
INTO DISTINCT GROUPS BASED ON CHARACTERISTICS SUCH AS PHYSICAL APPEAR-
ANCE, INCLUDING COLOR; ANCESTRAL HERITAGE; CULTURAL AFFILIATION;
CULTURAL HISTORY; ETHNIC CLASSIFICATION; AND THE SOCIAL, ECONOMIC AND
POLITICAL NEEDS OF A SOCIETY AT A GIVEN PERIOD.
6. "INEQUITY" MEANS SYSTEMATIC AND PATTERNED DIFFERENCES IN WELL-BEING
THAT DISADVANTAGE ONE GROUP IN FAVOR OF ANOTHER CAUSED BY PAST AND
CURRENT DECISIONS, SYSTEMS OF POWER AND PRIVILEGE, AND POLICIES.
7. "INDIVIDUAL RACISM" MEANS EXPLICIT OR IMPLICIT PRE-JUDGMENT BIAS OR
DISCRIMINATION BY AN INDIVIDUAL BASED ON RACE.
8. "INSTITUTIONAL RACISM" MEANS POLICIES, PRACTICES, AND PROCEDURES
THAT WORK BETTER FOR SOME MEMBERS OF A COMMUNITY THAN OTHERS BASED ON
RACE.
9. "RACIAL EQUITY AND SOCIAL JUSTICE" MEANS CHANGES IN POLICY, PRAC-
TICE AND ALLOCATION OF STATE RESOURCES SO THAT RACE OR SOCIAL JUSTICE
CONSTRUCTS DO NOT PREDICT AN INDIVIDUAL'S SUCCESS, WHILE ALSO IMPROVING
OPPORTUNITIES AND OUTCOMES FOR ALL PEOPLE.
§ 328-F. OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE; DIRECTOR, ORGAN-
IZATION AND EMPLOYEES. 1. THE OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
IS HEREBY CREATED WITHIN THE EXECUTIVE DEPARTMENT TO HAVE AND EXERCISE
THE FUNCTIONS, POWERS AND DUTIES PROVIDED BY THE PROVISIONS OF THIS
ARTICLE AND ANY OTHER PROVISION OF LAW.
S. 8305--B 162
2. THE HEAD OF THE OFFICE SHALL BE THE DIRECTOR, WHO SHALL SERVE AS
THE CHIEF EQUITY OFFICER FOR THE STATE OF NEW YORK. THE DIRECTOR SHALL
BE APPOINTED BY THE GOVERNOR WITH THE CONSENT AND APPROVAL OF THE SENATE
AND RECEIVE A SALARY TO BE FIXED BY THE GOVERNOR WITHIN THE AMOUNTS
APPROPRIATED THEREFOR.
3. THE DIRECTOR MAY, FROM TIME TO TIME, CREATE, ABOLISH, TRANSFER AND
CONSOLIDATE BUREAUS AND OTHER UNITS WITHIN THE OFFICE NOT EXPRESSLY
ESTABLISHED BY LAW AS THE DIRECTOR MAY DETERMINE NECESSARY FOR THE EFFI-
CIENT OPERATION OF THE OFFICE, SUBJECT TO THE APPROVAL OF THE DIRECTOR
OF THE BUDGET.
4. THE DIRECTOR MAY APPOINT ASSISTANTS, AND OTHER OFFICERS AND EMPLOY-
EES, COMMITTEES AND CONSULTANTS AS THE DIRECTOR MAY DEEM NECESSARY,
PRESCRIBE THEIR POWERS AND DUTIES, FIX THEIR COMPENSATION WITHIN THE
AMOUNTS APPROPRIATED THEREFOR.
5. THE DIRECTOR MAY REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION,
BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE ANY INFORMATION
AND RESOURCES THAT WILL ENABLE THE OFFICE TO PROPERLY CARRY OUT ITS
FUNCTIONS, POWERS AND DUTIES.
§ 328-G. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE. THE OFFICE SHALL
HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
1. TO ACT AS THE OFFICIAL STATE PLANNING AND COORDINATING OFFICE FOR
CHANGES IN POLICY, PRACTICE AND ALLOCATION OF STATE RESOURCES SO THAT
RACE OR SOCIAL JUSTICE CONSTRUCTS DO NOT PREDICT AN INDIVIDUAL'S
SUCCESS, WHILE ALSO IMPROVING OPPORTUNITIES AND OUTCOMES FOR ALL PEOPLE,
AND PERFORMING ALL NECESSARY AND APPROPRIATE SERVICES REQUIRED TO
FULFILL THESE DUTIES.
2. TO ESTABLISH, OVERSEE, MANAGE, COORDINATE AND FACILITATE THE PLAN-
NING, DESIGN AND IMPLEMENTATION OF THE STATE'S RACIAL EQUITY AND SOCIAL
JUSTICE ACTION PLAN, SUCH PLAN SHALL INCORPORATE AND EMBED RACIAL EQUITY
AND SOCIAL JUSTICE PRINCIPLES AND STRATEGIES INTO OPERATIONS, PROGRAMS,
SERVICE POLICIES AND COMMUNITY ENGAGEMENT TO ELIMINATE INEQUITY, INSTI-
TUTIONAL RACISM AND INDIVIDUAL RACISM IN THE STATE, AND SHALL INCLUDE
RACIAL EQUITY AND SOCIAL JUSTICE TRAINING FOR ALL STATE EMPLOYEES.
3. TO ADVISE AND ASSIST THE STATE AGENCIES IN DEVELOPING POLICIES,
PLANS AND PROGRAMS FOR ELIMINATING INSTITUTIONAL RACISM AND IMPROVING
RACIAL EQUITY AND SOCIAL JUSTICE.
4. TO PERFORM RACIAL EQUITY AND SOCIAL JUSTICE REVIEWS AND MAKE RECOM-
MENDATIONS FOR IMPROVING MANAGEMENT AND PROGRAM EFFECTIVENESS PERTAINING
TO RACIAL EQUITY AND SOCIAL JUSTICE, INCLUDING, BUT NOT LIMITED TO, AN
ANNUAL RACIAL EQUITY AND SOCIAL JUSTICE IMPACT STATEMENT WHICH SHALL
ACCOMPANY THE EXECUTIVE BUDGET.
5. TO ESTABLISH, OVERSEE, MANAGE A RACIAL EQUITY AND SOCIAL JUSTICE
ADVISORY COMMITTEE, THE COMPOSITION AND DUTIES OF SUCH COMMITTEE AS
DETERMINED BY THE DIRECTOR.
§ 328-H. REPORTING. THE OFFICE SHALL SUBMIT A REPORT TO THE GOVERNOR,
THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE NO
LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND ANNUAL-
LY THEREAFTER. SUCH REPORT SHALL CONTAIN, AT MINIMUM, INFORMATION
RELATED TO POLICY RECOMMENDATIONS OF THE OFFICE AND THE ACTIVITIES OF
THE RACIAL EQUITY AND SOCIAL JUSTICE ADVISORY COMMITTEE. SUCH REPORT
SHALL ALSO BE PUBLISHED ON THE WEBSITE OF THE OFFICE OF THE GOVERNOR.
§ 2. This act shall take effect July 1, 2025.
PART SS
S. 8305--B 163
Section 1. The second undesignated paragraph of subdivision a of
section 517 of the retirement and social security law, as amended by
section 1 of part SS of chapter 56 of the laws of 2022, is amended to
read as follows:
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first) in which such member has
established membership in the New York state and local employees'
retirement system, such member shall contribute a percentage of annual
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer. Notwithstanding the foregoing,
when determining the rate at which each such member who became a member
of the New York state and local employees' retirement system on or after
April first, two thousand twelve shall contribute for any plan year
(April first to March thirty-first) between April first, two thousand
twenty-two and April first, two thousand [twenty-four] TWENTY-SIX, such
rate shall be determined by reference to employees annual base wages of
such member in the second plan year (April first to March thirty-first)
preceding such current plan year. Base wages shall include regular pay,
shift differential pay, location pay, and any increased hiring rate pay,
but shall not include any overtime payments.
§ 2. The second undesignated paragraph of paragraph 1 and the second
undesignated paragraph of paragraph 2 of subdivision a, the second
undesignated paragraph of subdivision f and the second undesignated
paragraph of subdivision g of section 613 of the retirement and social
security law, as amended by section 2 of part SS of chapter 56 of the
laws of 2022, are amended to read as follows:
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first, except for members of New York
city employees' retirement system, New York city teachers' retirement
system and New York city board of education retirement system, plan year
shall mean January first through December thirty-first commencing with
the January first next succeeding the effective date of chapter five
hundred ten of the laws of two thousand fifteen) in which such member
has established membership in a public retirement system of the state,
such member shall contribute a percentage of annual wages in accordance
with the preceding schedule based upon a projection of annual wages
provided by the employer. Notwithstanding the foregoing, when determin-
ing the rate at which each such member who became a member of the New
York state and local employees' retirement system, New York city employ-
ees' retirement system, New York city teachers' retirement system and
New York city board of education retirement system, on or after April
first, two thousand twelve shall contribute for any plan year (April
first to March thirty-first, except for members of the New York city
employees' retirement system, New York city teachers' retirement system
and New York city board of education retirement system, plan year shall
mean January first through December thirty-first commencing with January
first next succeeding the effective date of chapter five hundred ten of
the laws of two thousand fifteen) between April first, two thousand
twenty-two and April first, two thousand [twenty-four] TWENTY-SIX, such
rate shall be determined by reference to employees annual base wages of
such member in the second plan year (April first to March thirty-first)
preceding such current plan year. Base wages shall include regular pay,
shift differential pay, location pay, and any increased hiring rate pay,
but shall not include any overtime payments or compensation earned for
extracurricular programs or any other pensionable earnings paid in addi-
tion to the annual base wages.
S. 8305--B 164
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first, provided, however, that plan
year shall mean January first through December thirty-first commencing
with the January first next succeeding the effective date of chapter
five hundred ten of the laws of two thousand fifteen) in which such
member has established membership in the New York city employees'
retirement system, such member shall contribute a percentage of annual
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer. Notwithstanding the foregoing,
when determining the rate at which each such member who became a member
of, New York city employees' retirement system, on or after April first,
two thousand twelve shall contribute for any plan year (April first to
March thirty-first, provided, however, that plan year shall mean January
first through December thirty-first commencing with the January first
next succeeding the effective date of chapter five hundred ten of the
laws of two thousand fifteen) between April first, two thousand twenty-
two and April first, two thousand [twenty-four] TWENTY-SIX, such rate
shall be determined by reference to employees annual base wages of such
member in the second plan year (April first to March thirty-first)
preceding such current plan year. Base wages shall include regular pay,
shift differential pay, location pay, and any increased hiring rate pay,
but shall not include any overtime payments.
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first) in which such member has
established membership in the New York state and local employees'
retirement system, such member shall contribute a percentage of annual
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer. Notwithstanding the foregoing,
when determining the rate at which each such member who became a member
of the New York state and local employees' retirement system on or after
April first, two thousand twelve shall contribute for any plan year
(April first to March thirty-first) between April first, two thousand
twenty-two and April first, two thousand [twenty-four] TWENTY-SIX, such
rate shall be determined by reference to employees annual base wages of
such member in the second plan year (April first to March thirty-first)
preceding such current plan year. Base wages shall include regular pay,
shift differential pay, location pay, and any increased hiring rate pay,
but shall not include any overtime payments.
Notwithstanding the foregoing, during each of the first three plan
years (July first to June thirtieth) in which such member has estab-
lished membership in the New York state teachers' retirement system,
such member shall contribute a percentage of annual wages in accordance
with the preceding schedule based upon a projection of annual wages
provided by the employer. Notwithstanding the foregoing, when determin-
ing the contribution rate at which a member of the New York state teach-
ers' retirement system with a date of membership on or after April
first, two thousand twelve shall contribute for plan years (July first
to June thirtieth) between July first, two thousand twenty-two and July
first, two thousand [twenty-four] TWENTY-SIX, such rate shall be deter-
mined by reference to the member's annual base wages in the second plan
year (July first to June thirtieth) preceding such current plan year.
Annual base wages shall not include compensation earned for extracurric-
ular programs or any other pensionable earnings paid in addition to the
annual base wages.
S. 8305--B 165
§ 3. The second undesignated paragraph of section 1204 of the retire-
ment and social security law, as amended by section 3 of part SS of
chapter 56 of the laws of 2022, is amended to read as follows:
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first) in which such member has
established membership in the New York state and local police and fire
retirement system, such member shall contribute a percentage of annual
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer. Notwithstanding the foregoing,
when determining the rate at which each such member who became a member
of the New York state and local police and fire retirement system on or
after April first, two thousand twelve shall contribute for any plan
year (April first to March thirty-first) between April first, two thou-
sand twenty-two and April first, two thousand [twenty-four] TWENTY-SIX,
such rate shall be determined by reference to employees annual base
wages of such member in the second plan year (April first to March thir-
ty-first) preceding such current plan year. Base wages shall include
regular pay, shift differential pay, location pay, and any increased
hiring rate pay, but shall not include any overtime payments. Effective
April first, two thousand twelve, all members subject to the provisions
of this article shall not be required to make member contributions on
annual wages excluded from the calculation of final average salary
pursuant to section twelve hundred three of this article. Nothing in
this section, however, shall be construed or deemed to allow members to
receive a refund of any member contributions on such wages paid prior to
April first, two thousand twelve.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART TT
Section 1. Section 343 of the retirement and social security law is
amended by adding a new subdivision i to read as follows:
I. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
RY, FOR ANY POLICE OFFICER EMPLOYED BY THE DIVISION OF LAW ENFORCEMENT
IN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE CITY OF NEW YORK
TRANSFERRING FROM THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM TO THE
NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM AFTER THE
EFFECTIVE DATE OF THIS SUBDIVISION AND ANY POLICE OFFICER FORMERLY
EMPLOYED BY THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT OF ENVI-
RONMENTAL PROTECTION IN THE CITY OF NEW YORK HAVING MADE SUCH TRANSFER,
SUCH POLICE OFFICER'S DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION IN THE CITY OF NEW YORK SERVICE CREDIT SHALL BE
DEEMED CREDITABLE SERVICE, IN SUCH POLICE OFFICER'S TWENTY YEAR OR TWEN-
TY-FIVE YEAR RETIREMENT PLAN, IF SUCH POLICE OFFICER HAS SERVED FOR AT
LEAST TWO YEARS IN SUCH EMPLOYMENT AND IF, WITHIN ONE YEAR OF THE DATE
ON WHICH SUCH POLICE OFFICER FIRST BECAME A MEMBER OF THE NEW YORK STATE
AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM OR WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THIS SUBDIVISION, SUCH MEMBER ELECTS TO DO SO.
2. THE AMOUNT OF SUCH SERVICE CREDITED TO THE MEMBER IN THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM PLAN SHALL NOT EXCEED
THE AMOUNT OF SERVICE CREDITED TO THE MEMBER IN THE NEW YORK CITY
EMPLOYEES' RETIREMENT SYSTEM PLAN.
3. IF THE MEMBER SUBSEQUENTLY RETIRES ON AN AGE-BASED RETIREMENT PLAN
IN THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM
INSTEAD OF A TWENTY YEAR OR TWENTY-FIVE YEAR PLAN, THE FULL AMOUNT OF
S. 8305--B 166
SERVICE CREDIT EARNED, AS A POLICE OFFICER EMPLOYED BY THE DIVISION OF
LAW ENFORCEMENT IN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE
CITY OF NEW YORK SHALL BE GRANTED.
4. IN NO EVENT SHALL THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION IN THE CITY OF NEW YORK SERVICE CREDITED TO
A MEMBER OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM PURSUANT TO THIS SUBDIVISION EXCEED A TOTAL OF TEN YEARS.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW IN THIS SECTION TO THE
CONTRARY, THE RESERVE ON SUCH MEMBER'S BENEFITS SHALL BE TRANSFERRED
FROM THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM TO THE NEW YORK
STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM IN ACCORDANCE WITH
SUBDIVISIONS C AND D OF THIS SECTION.
6. NO MEMBER WHO RECEIVES SERVICE CREDIT PURSUANT TO THIS SUBDIVISION
SHALL BE ELIGIBLE TO RECEIVE ADDITIONAL SERVICE CREDIT PURSUANT TO
SUBDIVISION B OF SECTION THREE HUNDRED EIGHTY-FOUR-E OF THIS ARTICLE IF
SUCH MEMBER'S EMPLOYER HAS ELECTED TO PROVIDE SUCH SERVICE CREDIT.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART UU
Section 1. The retirement and social security law is amended by adding
a new section 383-e to read as follows:
§ 383-E. RETIREMENT OF OFFICERS OF STATE LAW ENFORCEMENT; TWENTY YEAR
RETIREMENT PLAN. A. MEMBERSHIP. EVERY NON-SEASONALLY APPOINTED SWORN
MEMBER OR OFFICER OF THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION, A FOREST RANGER IN THE SERVICE OF THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, WHICH SHALL MEAN A PERSON WHO
SERVES ON A FULL-TIME BASIS IN THE TITLE OF FOREST RANGER I, FOREST
RANGER II, FOREST RANGER III, ASSISTANT SUPERINTENDENT OF FOREST FIRE
CONTROL, SUPERINTENDENT OF FOREST FIRE CONTROL OR ANY SUCCESSOR TITLES
OR NEW TITLES IN THE FOREST RANGER TITLE SERIES IN THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, A POLICE OFFICER IN THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION, THE REGIONAL STATE PARK POLICE, AND UNIVERSITY
POLICE OFFICERS WHO ENTER OR RE-ENTER SERVICE IN ANY SUCH TITLE SHALL BE
COVERED BY THE PROVISIONS OF THIS SECTION, AND EVERY MEMBER DESCRIBED IN
THIS SUBDIVISION IN SUCH SERVICE ON OR BEFORE ONE YEAR PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION MAY ELECT TO BE COVERED BY THE PROVISIONS
OF THIS SECTION BY FILING AN ELECTION THEREFOR WITH THE COMPTROLLER. TO
BE EFFECTIVE, SUCH ELECTION MUST BE DULY EXECUTED AND ACKNOWLEDGED ON A
FORM PREPARED BY THE COMPTROLLER FOR THAT PURPOSE.
B. RETIREMENT ALLOWANCE. A MEMBER, COVERED BY THE PROVISIONS OF THIS
SECTION AT THE TIME OF RETIREMENT, SHALL BE ENTITLED TO RETIRE UPON
COMPLETION OF TWENTY YEARS OF TOTAL CREDITABLE SERVICE IN SUCH TITLES,
AND SHALL RETIRE UPON THE ATTAINMENT OF THE MANDATORY RETIREMENT AGE
PRESCRIBED BY THIS SECTION, BY FILING AN APPLICATION THEREFOR IN A
MANNER SIMILAR TO THAT PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS
ARTICLE.
1. UPON COMPLETION OF TWENTY YEARS OF SUCH SERVICE AND UPON RETIRE-
MENT, EACH SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER WITH AN
ANNUITY FOR SUCH YEARS OF SERVICE AS PROVIDED IN PARAGRAPH FOUR OF THIS
SUBDIVISION, SHALL BE SUFFICIENT TO PROVIDE HIM OR HER WITH A RETIREMENT
ALLOWANCE OF ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
2. UPON COMPLETION OF MORE THAN TWENTY YEARS OF SUCH SERVICE AND UPON
RETIREMENT, EACH SUCH MEMBER SHALL RECEIVE, FOR EACH YEAR OF SERVICE IN
EXCESS OF TWENTY, AN ADDITIONAL PENSION WHICH, TOGETHER WITH AN ANNUITY
S. 8305--B 167
FOR EACH SUCH YEAR AS PROVIDED IN PARAGRAPH FOUR OF THIS SUBDIVISION,
SHALL BE EQUAL TO ONE-SIXTIETH OF HIS OR HER FINAL AVERAGE SALARY,
PROVIDED, HOWEVER, THAT THE PENSION PAYABLE PURSUANT TO THIS SECTION
SHALL NOT EXCEED THREE-QUARTERS OF FINAL AVERAGE SALARY.
3. UPON ATTAINMENT OF THE MANDATORY RETIREMENT AGE WITHOUT COMPLETION
OF TWENTY YEARS OF SUCH SERVICE, EACH SUCH MEMBER SHALL RECEIVE A
PENSION WHICH, TOGETHER WITH AN ANNUITY FOR SUCH YEARS OF SERVICE AS
PROVIDED IN PARAGRAPH FOUR OF THIS SUBDIVISION, SHALL BE EQUAL TO ONE-
FORTIETH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE
SERVICE IN SUCH TITLES. EVERY SUCH MEMBER SHALL ALSO BE ENTITLED TO AN
ADDITIONAL PENSION EQUAL TO THE PENSION FOR ANY CREDITABLE SERVICE
RENDERED WHILE NOT AN EMPLOYEE IN SUCH TITLES AS PROVIDED UNDER PARA-
GRAPHS THREE AND FOUR OF SUBDIVISION A OF SECTION THREE HUNDRED SEVEN-
TY-FIVE OF THIS ARTICLE. THIS LATTER PENSION SHALL NOT INCREASE THE
TOTAL ALLOWANCE TO MORE THAN ONE-HALF OF HIS OR HER FINAL AVERAGE SALA-
RY.
4. THE ANNUITY PROVIDED UNDER PARAGRAPHS ONE, TWO AND THREE OF THIS
SUBDIVISION SHALL BE THE ACTUARIAL EQUIVALENT, AT THE TIME OF RETIRE-
MENT, OF THE MEMBER'S ACCUMULATED CONTRIBUTIONS BASED UPON THE RATE OF
CONTRIBUTION FIXED UNDER SECTION THREE HUNDRED EIGHTY-THREE OF THIS
TITLE AND UPON THE SALARIES EARNED WHILE IN SUCH SERVICE. SUCH ANNUITY
SHALL BE COMPUTED AS IT WOULD BE IF IT WERE NOT REDUCED BY THE ACTUARIAL
EQUIVALENT OF ANY OUTSTANDING LOAN NOR BY REASON OF THE MEMBER'S
ELECTION TO DECREASE HIS OR HER CONTRIBUTIONS TOWARD RETIREMENT IN ORDER
TO APPLY THE RESULTING AMOUNT TOWARD PAYMENT OF CONTRIBUTIONS FOR OLD
AGE AND SURVIVOR'S INSURANCE. ANY ACCUMULATED CONTRIBUTIONS IN EXCESS OF
THE AMOUNT REQUIRED TO PROVIDE THE ANNUITY COMPUTED PURSUANT TO THIS
PARAGRAPH SHALL BE USED TO INCREASE THE MEMBER'S RETIREMENT ALLOWANCE.
C. CREDIT FOR PREVIOUS SERVICE. IN COMPUTING THE YEARS OF TOTAL CRED-
ITABLE SERVICE FOR EACH MEMBER DESCRIBED HEREIN, FULL CREDIT SHALL BE
GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE RENDERED AS A POLICE
OFFICER OR STATE UNIVERSITY PEACE OFFICER OR MEMBER OF A POLICE FORCE OR
DEPARTMENT OF A STATE PARK AUTHORITY OR COMMISSION OR AN ORGANIZED
POLICE FORCE OR DEPARTMENT OF A COUNTY, CITY, TOWN, VILLAGE, POLICE
DISTRICT, AUTHORITY OR OTHER PARTICIPATING EMPLOYER OR MEMBER OF THE
CAPITAL POLICE FORCE IN THE OFFICE OF GENERAL SERVICES WHILE A MEMBER OF
THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM, OF THE
NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR OF THE NEW YORK
CITY POLICE PENSION FUND AND FOR ALL SERVICE FOR WHICH FULL CREDIT HAS
BEEN GIVEN AND FULL ALLOWANCE MADE PURSUANT TO THE PROVISIONS OF SECTION
THREE HUNDRED SEVENTY-FIVE-H OF THIS ARTICLE PROVIDED, HOWEVER, THAT
FULL CREDIT PURSUANT TO THE PROVISIONS OF SUCH SECTION SHALL MEAN ONLY
SUCH SERVICE AS WOULD BE CREDITABLE SERVICE PURSUANT TO THE PROVISIONS
OF SECTION THREE HUNDRED EIGHTY-THREE, THREE HUNDRED EIGHTY-THREE-A,
THREE HUNDRED EIGHTY-THREE-B, AS ADDED BY CHAPTER SIX HUNDRED SEVENTY-
FOUR OF THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX, THREE HUNDRED EIGHTY-
THREE-B, AS ADDED BY CHAPTER SIX HUNDRED SEVENTY-SEVEN OF THE LAWS OF
NINETEEN HUNDRED EIGHTY-SIX, THREE HUNDRED EIGHTY-THREE-C OR THREE
HUNDRED EIGHTY-THREE-D OF THIS TITLE OR PURSUANT TO THE PROVISIONS OF
TITLE THIRTEEN OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK FOR
ANY MEMBER CONTRIBUTING PURSUANT TO THIS SECTION WHO TRANSFERRED TO THE
JURISDICTION OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION INCLUDING
BUT NOT LIMITED TO ENVIRONMENTAL CONSERVATION OFFICERS AND FOREST
RANGERS, REGIONAL STATE PARK POLICE OR STATE UNIVERSITY OF NEW YORK
PEACE OFFICERS.
S. 8305--B 168
D. RETIREMENT FOR CAUSE. UPON RECEIPT OF A CERTIFICATE FROM THE HEAD
OF THE ENTITY WHERE SUCH MEMBER IS EMPLOYED OR HIS OR HER DESIGNEE, A
MEMBER AS DESCRIBED IN SUBDIVISION A OF THIS SECTION, WHO HAS ACCRUED
TWENTY-FIVE OR MORE YEARS OF SERVICE CREDIT UNDER THIS SECTION SHALL BE
RETIRED ON THE FIRST DAY OF THE SECOND MONTH NEXT SUCCEEDING THE DATE
SUCH CERTIFICATE WAS FILED WITH THE COMPTROLLER.
E. CREDIT FOR MILITARY SERVICE. IN COMPUTING THE YEARS OF TOTAL CRED-
ITABLE SERVICE FULL CREDIT SHALL BE GIVEN AND FULL ALLOWANCE SHALL BE
MADE FOR SERVICE OF SUCH MEMBER IN WAR AFTER WORLD WAR I AS DEFINED IN
SECTION THREE HUNDRED TWO OF THIS ARTICLE, PROVIDED SUCH MEMBER AT THE
TIME OF HIS OR HER ENTRANCE INTO THE ARMED FORCES WAS IN POLICE SERVICE
AS DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TWO OF THIS
ARTICLE.
F. TRANSFER OF MEMBERSHIP TO EMPLOYEES' RETIREMENT SYSTEM. ANY MEMBER
CURRENTLY ENROLLED PURSUANT TO THIS SECTION AND WHO PREVIOUSLY TRANS-
FERRED SERVICE CREDIT FROM THE NEW YORK STATE AND LOCAL EMPLOYEES'
RETIREMENT SYSTEM TO THE NEW YORK STATE AND LOCAL POLICE AND FIRE
RETIREMENT SYSTEM, MAY ELECT TO TRANSFER SUCH PREVIOUSLY TRANSFERRED
SERVICE CREDIT BACK TO THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
MENT SYSTEM, AND SUCH MEMBER SHALL HAVE THE OPTION TO RETROACTIVELY
TRANSFER HIS OR HER MEMBERSHIP INTO SUCH EMPLOYEES' RETIREMENT SYSTEM.
G. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING, NOTWITHSTAND-
ING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY.
§ 2. All past service costs associated with implementing the
provisions of this act shall be borne by the state of New York and may
be amortized over a period of ten years.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow any non-seasonally appointed sworn member or
officer of the division of law enforcement, police officer, or forest
ranger in the department of environmental conservation; any regional
state park police officer; or any university police officer to become
covered by the provisions of a special 20-year retirement plan, which
will provide a benefit of one-half of final average salary upon retire-
ment and an additional benefit of one-sixtieth of final average salary
for each year of creditable service in excess of 20 years, not to exceed
12 years.
If this bill is enacted during the 2024 Legislative Session, we antic-
ipate that there will be an increase of approximately $6.6 million in
the annual contributions of the State of New York for the fiscal year
ending March 31, 2025. In future years this cost will vary but is
expected to average 3.9% of salary annually.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $70.3 million which will
be borne by the State of New York as a one-time payment. This estimate
assumes that payment will be made on March 1, 2025. If the State of New
York elects to amortize this cost over a 10-year period, the cost for
each year including interest would be $8.98 million.
These estimated costs are based on 1,228 affected members employed by
the State of New York, with annual salary of approximately $131 million
as of March 31, 2023.
Summary of relevant resources:
Membership data as of March 31, 2023 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2023 actuari-
al valuation. Distributions and other statistics can be found in the
S. 8305--B 169
2023 Report of the Actuary and the 2023 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2023
Annual Report to the Comptroller on Actuarial Assumptions, and the
Codes, Rules and Regulations of the State of New York: Audit and
Control.
The Market Assets and GASB Disclosures are found in the March 31, 2023
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 22, 2024, and intended for use only
during the 2024 Legislative Session, is Fiscal Note No. 2024-90,
prepared by the Actuary for the New York State and Local Retirement
System.
PART VV
Section 1. The executive law is amended by adding a new article 15-D
to read as follows:
ARTICLE 15-D
OFFICE OF NATIVE AMERICAN AFFAIRS
SECTION 328-D. OFFICE OF NATIVE AMERICAN AFFAIRS.
328-E. GENERAL FUNCTIONS, POWERS AND DUTIES.
§ 328-D. OFFICE OF NATIVE AMERICAN AFFAIRS. 1. THERE IS HEREBY CREATED
IN THE EXECUTIVE DEPARTMENT AN OFFICE OF NATIVE AMERICAN AFFAIRS. THE
HEAD OF THE OFFICE SHALL BE THE COMMISSIONER OF NATIVE AMERICAN AFFAIRS
WHO SHALL BE APPOINTED BY THE GOVERNOR AND WHO SHALL HOLD OFFICE AT THE
PLEASURE OF THE GOVERNOR.
2. THE COMMISSIONER SHALL RECEIVE AN ANNUAL SALARY TO BE FIXED BY THE
GOVERNOR WITHIN THE AMOUNT MADE AVAILABLE THEREFOR BY AN APPROPRIATION
AND SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES IN THE PERFORM-
ANCE OF THEIR DUTIES.
3. THE COMMISSIONER SHALL DIRECT THE WORK OF THE OFFICE AND SHALL BE
THE CHIEF EXECUTIVE OFFICER OF THE OFFICE. THE COMMISSIONER MAY APPOINT
SUCH OFFICERS AND EMPLOYEES AS SUCH COMMISSIONER MAY DEEM NECESSARY,
PRESCRIBE THEIR DUTIES, FIX THEIR COMPENSATION, AND PROVIDE FOR THE
REIMBURSEMENT OF THEIR EXPENSES, ALL WITHIN AMOUNTS MADE AVAILABLE
THEREFOR BY APPROPRIATION.
§ 328-E. GENERAL FUNCTIONS, POWERS AND DUTIES. THE OFFICE OF NATIVE
AMERICAN AFFAIRS BY AND THROUGH THE COMMISSIONER OR SUCH COMMISSIONER'S
DULY AUTHORIZED OFFICERS AND EMPLOYEES, SHALL:
1. ACT AS A CENTRALIZED OFFICE FOR NATIVE AMERICAN NATIONS TO ACCESS
INFORMATION ON STATE PROGRAMS THAT ARE PROVIDED TO NATIVE AMERICANS.
2. DEVELOP AND MAINTAIN COOPERATIVE RELATIONSHIPS BETWEEN NEW YORK
STATE'S NATIVE NATIONS, NATIVE ORGANIZATION, NATIVE AMERICAN CITIZENS,
AND THE STATE.
3. ESTABLISH, MANAGE, COORDINATE, AND FACILITATE NATIVE AMERICAN-RE-
LATED POLICIES, POSITIONS, AND PROGRAMS.
4. ADVISE AND ASSIST STATE AGENCIES IN DEVELOPING POLICIES, PLANS, AND
PROGRAMS FOR NATIVE AMERICANS.
5. SERVE AS A CONNECTOR FOR NEW YORK STATE'S NATIVE NATIONS TO OTHER
STATE AGENCIES AND PROGRAMS.
S. 8305--B 170
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART WW
Section 1. Subdivision 1 of section 155.20 of the penal law is amended
to read as follows:
1. Except as otherwise specified in this section, value means the
market value of the property at the time and place of the crime, or if
such cannot be satisfactorily ascertained, the cost of replacement of
the property within a reasonable time after the crime. IN THE EVENT OF
MULTIPLE OR SUCCESSIVE INCIDENTS OF THEFT COMMITTED BY ONE OR MORE INDI-
VIDUALS AS PART OF A CONTINUING COURSE OF CONDUCT OVER A PERIOD OF TIME,
THE VALUE OF THE GOODS TAKEN SHALL BE DETERMINED BY THE AGGREGATE VALUE
OF ALL PROPERTY STOLEN DURING SUCH PERIOD OF TIME. FOR THE PURPOSES OF
THIS SUBDIVISION, "COURSE OF CONDUCT" MEANS A PATTERN OF CONDUCT INVOLV-
ING TWO OR MORE THEFTS OR LARCENOUS INCIDENTS OVER A PERIOD OF NINETY
DAYS, EVIDENCING A CONTINUITY OF PURPOSE, PLAN, OR COMMON SCHEME.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART XX
Section 1. Section 216 of the executive law is amended by adding a new
subdivision 4 to read as follows:
4. (A) THERE SHALL BE WITHIN THE BUREAU OF CRIMINAL INVESTIGATION AN
ORGANIZED RETAIL CRIME TASK FORCE. THE SUPERINTENDENT SHALL ASSIGN TO IT
SUCH PERSONNEL AS MAY BE REQUIRED FOR THE PURPOSE OF ASSISTING LOCAL LAW
ENFORCEMENT IN PREVENTING, INVESTIGATING, AND DETECTING RETAIL THEFT
CRIMES.
(B) THE ORGANIZED RETAIL CRIME TASK FORCE SHALL HAVE THE POWER TO:
(I) CONDUCT INVESTIGATIONS OF ORGANIZED RETAIL CRIME ACTIVITIES
CARRIED OUT BETWEEN TWO OR MORE COUNTIES OR JURISDICTIONS OF THIS STATE;
(II) COOPERATE WITH AND, WHEN NECESSARY, ASSIST LOCAL LAW ENFORCEMENT
AGENCIES OR ANY DISTRICT ATTORNEY'S OFFICE REQUESTING ASSISTANCE IN THE
INVESTIGATION OR PROSECUTION OF ORGANIZED RETAIL CRIME OR LOCAL RETAIL
CRIME CASES;
(III) PROVIDE LOCAL LAW ENFORCEMENT AGENCIES WITH LOGISTICAL SUPPORT
AND OTHER LAW ENFORCEMENT RESOURCES, INCLUDING, BUT NOT LIMITED TO,
INTELLIGENCE, PERSONNEL, TECHNOLOGY, AND EQUIPMENT, AS DETERMINED TO BE
APPROPRIATE BY THE SUPERINTENDENT;
(IV) ESTABLISH A CENTRALIZED INFORMATION-SHARING SYSTEM FOR LOCAL LAW
ENFORCEMENT AND DISTRICT ATTORNEY'S OFFICES TO FACILITATE THE EXCHANGE
OF REAL-TIME DATA ON RETAIL THEFT INCIDENTS, ORGANIZED RETAIL CRIME
INCIDENTS AND TRENDS, OR TO REQUEST ASSISTANCE AND COORDINATE ON RETAIL
CRIME-RELATED MATTERS; AND
(V) FOSTER COLLABORATION BETWEEN VARIOUS STATE AGENCIES, LOCAL LAW
ENFORCEMENT, DISTRICT ATTORNEYS, AND THE JUDICIAL SYSTEM TO ENSURE A
COORDINATED RESPONSE TO RETAIL CRIME.
(C) THE ORGANIZED RETAIL CRIME TASK FORCE SHALL ISSUE AN ANNUAL REPORT
THAT INCLUDES AN ANALYSIS OF RETAIL CRIME STATISTICS, INCLUDING THE
NUMBER OF RETAIL CRIME INCIDENTS WHERE STATE POLICE PROVIDED RESPONSE
ASSISTANCE, IDENTIFICATION OF TRENDS AND HOTSPOTS, AND THE MOST COMMON
S. 8305--B 171
TYPES OF RETAIL CRIMES THROUGHOUT THE STATE; THE TYPE OF STATE LAW
ENFORCEMENT ASSISTANCE PROVIDED TO COUNTIES OR LOCALITIES, AND A LIST OF
THE COUNTIES OR LOCALITIES WHERE STATE POLICE RESOURCES WERE REQUESTED,
ALLOCATED, AND UTILIZED. THE SUPERINTENDENT SHALL PROVIDE SUCH REPORT TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART YY
Section 1. Subdivision 2 of section 19 of the public officers law, as
amended by chapter 769 of the laws of 1985, is amended to read as
follows:
2. (a) Upon compliance by the employee with the provisions of subdivi-
sion three of this section, and subject to THE RESTRICTIONS SET FORTH IN
PARAGRAPH (B) OF THIS SUBDIVISION AND the conditions set forth in para-
graph [(b)] (C) of this subdivision, it shall be the duty of the state
to pay reasonable attorneys' fees and litigation expenses incurred by or
on behalf of an employee in [his or her] SUCH EMPLOYEE'S defense of a
criminal proceeding in a state or federal court arising out of any act
which occurred while such employee was acting within the scope of [his]
SUCH EMPLOYEE'S public employment or duties upon [his] SUCH EMPLOYEE'S
acquittal or upon the dismissal of the criminal charges against [him]
SUCH EMPLOYEE or reasonable attorneys' fees incurred in connection with
an appearance before a grand jury which returns no true bill against the
employee where such appearance was required as a result of any act which
occurred while such employee was acting within the scope of [his] SUCH
EMPLOYEE'S public employment or duties unless such appearance occurs in
the normal course of the public employment or duties of such employee.
(b) NO REIMBURSEMENT SHALL BE PAID PURSUANT TO THIS SECTION TO ANY
CAMPAIGN OR POLITICAL COMMITTEE, OR LEGAL DEFENSE FUND WHICH PAYS ALL OR
ANY PORTION OF AN EMPLOYEE'S REASONABLE ATTORNEYS' FEES AND/OR LITI-
GATION EXPENSES. FURTHERMORE, AN EMPLOYEE ON WHOSE BEHALF A LEGAL
DEFENSE FUND OR LEGAL DEFENSE FUNDS HAVE BEEN ESTABLISHED, SHALL NOT BE
ELIGIBLE FOR REIMBURSEMENT PURSUANT TO THIS SECTION UNTIL ALL MONEYS IN
SUCH FUND OR FUNDS HAVE BEEN EXPENDED FOR THE EMPLOYEE'S REASONABLE
ATTORNEYS' FEES AND/OR LITIGATION EXPENSES.
(C) Upon the application for reimbursement for reasonable attorneys'
fees or litigation expenses or both made by or on behalf of an employee
as provided in subdivision three of this section, the attorney general
shall determine, based upon [his] THE ATTORNEY GENERAL'S investigation
and [his] THE ATTORNEY GENERAL'S review of the facts and circumstances,
whether such reimbursement shall be paid. The attorney general shall
notify the employee in writing of such determination. Upon determining
that such reimbursement should be provided, the attorney general shall
so certify to the comptroller. Upon such certification, reimbursement
shall be made for such fees or expenses or both upon the audit and
warrant of the comptroller. On or before January fifteenth the comp-
troller, in consultation with the department of law and other agencies
as may be appropriate, shall submit to the governor and the legislature
an annual accounting of judgments, settlements, fees, and litigation
S. 8305--B 172
expenses paid pursuant to this section during the preceding and current
fiscal years. Such accounting shall include, but not be limited to the
number, type and amount of claims so paid, as well as an estimate of
claims to be paid during the remainder of the current fiscal year and
during the following fiscal year. Any dispute with regard to entitlement
to reimbursement or the amount of litigation expenses or the reasonable-
ness of attorneys' fees shall be resolved by a court of competent juris-
diction upon appropriate motion or by way of a special proceeding.
§ 2. This act shall take effect immediately.
PART ZZ
Section 1. Paragraph 4 of subdivision (a) of section 1-e of the legis-
lative law, as amended by chapter 1 of the laws of 2005, is amended to
read as follows:
(4) Such biennial filings shall be completed on or before January
first of the first year of a biennial cycle commencing in calendar year
two thousand five and thereafter, by those persons who have been
retained, employed or designated as lobbyist on or before December
fifteenth of the previous calendar year and who reasonably anticipate
that in the coming year they will expend, incur or receive combined
reportable compensation and expenses in an amount in excess of two thou-
sand dollars in years prior to calendar year two thousand six and five
thousand dollars commencing in two thousand six OR, WHERE SUCH LOBBYIST
IS QUALIFIED AS AN EXEMPT ORGANIZATION OR ENTITY BY THE UNITED STATES
DEPARTMENT OF THE TREASURY UNDER SECTION 501(C)(3) OF THE INTERNAL
REVENUE CODE, TEN THOUSAND DOLLARS COMMENCING IN TWO THOUSAND TWENTY-
FIVE; for those lobbyists retained, employed or designated after the
previous December fifteenth, and for those lobbyists who subsequent to
their retainer, employment or designation reasonably anticipate combined
reportable compensation and expenses in excess of such amount, such
filing must be completed within fifteen days thereafter, but in no event
later than ten days after the actual incurring or receiving of such
reportable compensation and expenses.
§ 2. Paragraphs (iii) and (iv) of subdivision (e) of section 1-e of
the legislative law, as amended by section 1 of part S of chapter 62 of
the laws of 2003, are amended to read as follows:
(iii) The first statement of registration filed biennially by each
lobbyist for the first biennial registration requirements for calendar
years BETWEEN two thousand five and two thousand [six and thereafter]
TWENTY-FOUR, shall be accompanied by a registration fee of two hundred
dollars except that no registration fee shall be required from any
lobbyist who in any year does not expend, incur or receive an amount in
excess of five thousand dollars of reportable compensation and expenses,
as provided in paragraph five of subdivision (b) of section one-h of
this article, for the purposes of lobbying or of a public corporation. A
fee of two hundred dollars shall be required for any subsequent state-
ment of registration filed by a lobbyist during the same biennial peri-
od; (iv) THE FIRST STATEMENT OF REGISTRATION FILED BIENNIALLY BY EACH
LOBBYIST FOR THE FIRST BIENNIAL REGISTRATION REQUIREMENTS FOR CALENDAR
YEAR TWO THOUSAND TWENTY-FIVE AND THEREAFTER, SHALL BE ACCOMPANIED BY A
REGISTRATION FEE OF TWO HUNDRED DOLLARS EXCEPT THAT NO REGISTRATION FEE
SHALL BE REQUIRED FROM ANY LOBBYIST WHO IS QUALIFIED AS AN EXEMPT ORGAN-
IZATION OR ENTITY BY THE UNITED STATES DEPARTMENT OF THE TREASURY UNDER
SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE AND IN ANY YEAR DOES NOT
EXPEND, INCUR OR RECEIVE AN AMOUNT IN EXCESS OF TEN THOUSAND DOLLARS OF
S. 8305--B 173
REPORTABLE COMPENSATION AND EXPENSES, AS PROVIDED IN PARAGRAPH FIVE OF
SUBDIVISION (B) OF SECTION ONE-H OF THIS ARTICLE, FOR THE PURPOSES OF
LOBBYING OR OF A PUBLIC CORPORATION. A FEE OF TWO HUNDRED DOLLARS SHALL
BE REQUIRED FOR ANY SUBSEQUENT STATEMENT OF REGISTRATION FILED BY A
LOBBYIST DURING THE SAME BIENNIAL PERIOD; (V) The statement of registra-
tion filed after the due date of a biennial registration shall be accom-
panied by a registration fee that is prorated to one hundred dollars for
any registration filed after January first of the second calendar year
covered by the biennial reporting requirement. In addition to the fees
authorized by this section, the commission may impose a fee for late
filing of a registration statement required by this section not to
exceed twenty-five dollars for each day that the statement required to
be filed is late, except that if the lobbyist making a late filing has
not previously been required by statute to file such a statement, the
fee for late filing shall not exceed ten dollars for each day that the
statement required to be filed is late.
§ 3. Subdivision (a) of section 1-h of the legislative law, as amended
by chapter 14 of the laws of 2007, is amended to read as follows:
(a) Any lobbyist required to file a statement of registration pursuant
to section one-e of this article who in any lobbying year reasonably
anticipates that during the year such lobbyist will expend, incur or
receive combined reportable compensation and expenses in an amount in
excess of [five] TEN thousand dollars, OR TEN THOUSAND DOLLARS WHERE
SUCH LOBBYIST IS QUALIFIED AS AN EXEMPT ORGANIZATION OR ENTITY BY THE
UNITED STATES DEPARTMENT OF THE TREASURY UNDER SECTION 501(C)(3) OF THE
INTERNAL REVENUE CODE as provided in paragraph five of subdivision (b)
of this section, for the purpose of lobbying, shall file with the
commission a bi-monthly written report, on forms supplied by the commis-
sion, by the fifteenth day next succeeding the end of the reporting
period in which the lobbyist was first required to file a statement of
registration. Such reporting periods shall be the period of January
first to the last day of February, March first to April thirtieth, May
first to June thirtieth, July first to August thirty-first, September
first to October thirty-first and November first to December thirty-
first.
§ 4. Subdivision (a) of section 1-j of the legislative law, as amended
by chapter 14 of the laws of 2007, is amended to read as follows:
(a) Semi-annual reports shall be filed by any client retaining,
employing or designating a lobbyist or lobbyists, whether or not any
such lobbyist was required to file a bi-monthly report, if such client
reasonably anticipates that during the year such client will expend or
incur an amount in excess of five thousand dollars, OR TEN THOUSAND
DOLLARS WHERE SUCH LOBBYIST IS QUALIFIED AS AN EXEMPT ORGANIZATION OR
ENTITY BY THE UNITED STATES DEPARTMENT OF THE TREASURY UNDER SECTION
501(C)(3) OF THE INTERNAL REVENUE CODE of combined reportable compen-
sation and expenses, as provided in paragraph five of subdivision [(c)]
(B) of this section, for the purposes of lobbying.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.
PART AAA
Section 1. The correction law is amended by adding a new section 138-b
to read as follows:
§ 138-B. VISITOR TRANSPORTATION. IN CONJUNCTION WITH THE INCARCERATED
INDIVIDUAL VISITING PROGRAM, THE DEPARTMENT SHALL PROVIDE TRANSPORTATION
S. 8305--B 174
FOR VISITORS TO CORRECTIONAL FACILITIES ON A REGULAR BASIS, BUT NO LESS
THAN BIMONTHLY, AT NO COST TO VISITORS. TRANSPORTATION SHALL BE PROVIDED
FROM THE CITY OF NEW YORK, ROCHESTER, SYRACUSE, BUFFALO AND ALBANY TO
CORRECTIONAL FACILITIES, AS DETERMINED BY THE COMMISSIONER. INFORMATION
CONCERNING TRANSPORTATION SHALL BE POSTED ON THE DEPARTMENT'S PUBLIC
WEBSITE, AND SHALL BE AVAILABLE FROM THE TELEPHONE NUMBER DESIGNATED,
PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT-A OF THIS ARTICLE. NOTICE
OF AVAILABLE TRANSPORTATION SHALL BE PROVIDED TO INCARCERATED INDIVID-
UALS UPON RECEPTION AND UPON TRANSFER TO A NEW CORRECTIONAL FACILITY.
§ 2. This act shall take effect one year after it shall have become a
law.
PART BBB
Section 1. The criminal procedure law is amended by adding two new
sections 440.00 and 440.11 to read as follows:
§ 440.00 DEFINITION.
AS USED IN THIS ARTICLE, THE TERM "APPLICANT" MEANS A PERSON PREVIOUS-
LY CONVICTED OF A CRIME WHO IS APPLYING FOR RELIEF UNDER THIS ARTICLE.
§ 440.11 MOTION TO VACATE JUDGMENT; CHANGE IN THE LAW.
1. AT ANY TIME AFTER THE ENTRY OF A JUDGMENT OBTAINED AT TRIAL OR BY
PLEA, THE COURT IN WHICH IT WAS ENTERED MAY, UPON MOTION OF THE APPLI-
CANT, VACATE SUCH CONVICTION UPON THE GROUND THAT THE APPLICANT WAS
CONVICTED OF ANY OFFENSE IN THE STATE OF NEW YORK WHICH HAS BEEN SUBSE-
QUENTLY DECRIMINALIZED AND IS THUS A LEGAL NULLITY.
2. IF THE COURT GRANTS A MOTION UNDER THIS SECTION, IT SHALL VACATE
THE CONVICTION ON THE MERITS, DISMISS THE ACCUSATORY INSTRUMENT, SEAL
THE CONVICTION, AND MAY TAKE SUCH ADDITIONAL ACTION AS IS APPROPRIATE IN
THE CIRCUMSTANCES.
§ 2. Section 440.10 of the criminal procedure law, paragraph (g-1) of
subdivision 1 as added by chapter 19 of the laws of 2012, paragraph (h)
of subdivision 1, paragraph (a) of subdivision 3 and subdivision 4 as
amended and subdivisions 7 and 8 as renumbered by chapter 332 of the
laws of 2010, paragraph (i) of subdivision 1 and subdivision 6 as
amended by chapter 629 of the laws of 2021, paragraph (j) of subdivision
1 as amended by chapter 131 of the laws of 2019, paragraph (k) of subdi-
vision 1 as amended by chapter 92 of the laws of 2021, paragraphs (b)
and (c) of subdivision 2 as amended by chapter 501 of the laws of 2021,
and subdivision 9 as added by section 4 of part OO of chapter 55 of the
laws of 2019, is amended to read as follows:
§ 440.10 Motion to vacate judgment.
1. At any time after the entry of a judgment OBTAINED AT TRIAL OR BY
PLEA, the court in which it was entered may, upon motion of the [defend-
ant] APPLICANT, vacate such judgment upon the ground that:
(a) The court did not have jurisdiction of the action or of the person
of the [defendant] APPLICANT; or
(b) The judgment was procured by duress, misrepresentation or fraud on
the part of the court or a prosecutor or a person acting for or in
behalf of a court or a prosecutor; or
(c) [Material evidence adduced at a trial] EVIDENCE THAT WAS LIKELY
RELIED UPON BY A FACT FINDER resulting in the judgment AT TRIAL OR THAT
WAS LIKELY RELIED UPON BY ANY PARTY AS A BASIS FOR A PLEA AGREEMENT was
false [and was, prior to the entry of the judgment, known by the prose-
cutor or by the court to be false]; or
(d) [Material evidence adduced by the people at a trial] EVIDENCE THAT
WAS LIKELY RELIED UPON BY A FACT FINDER resulting in the judgment AT
S. 8305--B 175
TRIAL OR THAT WAS LIKELY RELIED UPON BY ANY PARTY AS A BASIS FOR A PLEA
AGREEMENT was procured in violation of the [defendant's] APPLICANT'S
rights under the constitution of this state or of the United States; or
(e) During the proceedings resulting in the judgment, the [defendant]
APPLICANT, by reason of mental disease or defect, was incapable of
understanding or participating in such proceedings; or
(f) Improper [and prejudicial] conduct not appearing in the record
occurred during a trial resulting in the judgment which conduct, if it
had appeared in the record, would have [required] MADE POSSIBLE a
reversal of the judgment upon an appeal therefrom; or
(g) New evidence has been discovered [since the entry of a judgment
based upon a verdict of guilty after trial, which could not have been
produced by the defendant at the trial even with due diligence on his
part and which] OR BECOME AVAILABLE THAT, WHEN VIEWED ALONE OR WITH
OTHER EVIDENCE, is of such character as to create a REASONABLE probabil-
ity that had such evidence been received at the trial OR DISCOVERED
PRIOR TO TRIAL OR PLEA AGREEMENT THAT the verdict OR PLEA would have
been more favorable to the [defendant; provided that a motion based upon
such ground must be made with due diligence after the discovery of such
alleged new evidence] APPLICANT. TYPES OF NEW EVIDENCE SHALL INCLUDE,
BUT NOT BE LIMITED TO NEWLY AVAILABLE FORENSIC EVIDENCE OR EVIDENCE THAT
HAS EITHER BEEN REPUDIATED BY THE EXPERT WHO ORIGINALLY PROVIDED THE
OPINION AT A HEARING OR TRIAL OR THAT HAS BEEN UNDERMINED BY LATER
SCIENTIFIC RESEARCH OR TECHNOLOGICAL ADVANCES; or
(g-1) [Forensic DNA] IN CASES INVOLVING THE FORENSIC testing of
evidence performed since the entry of a judgment, [(1) in the case of a
defendant convicted after a guilty plea, the court has determined that
the defendant has demonstrated a substantial probability that the
defendant was actually innocent of the offense of which he or she was
convicted, or (2) in the case of a defendant convicted after a trial,]
the court has determined that there exists a reasonable probability that
the verdict OR PLEA OFFER would have been more favorable to the [defend-
ant] APPLICANT, OR THE APPLICANT WOULD HAVE REJECTED THE PLEA OFFER.
(h) The judgment was obtained in violation of a right of the [defend-
ant] APPLICANT under the constitution of this state or of the United
States, INCLUDING, BUT NOT LIMITED TO, A JUDGMENT ENTERED, WHETHER UPON
TRIAL OR GUILTY PLEA, AGAINST AN APPLICANT WHO IS ACTUALLY INNOCENT. AN
APPLICANT IS ACTUALLY INNOCENT WHERE THE APPLICANT PROVES BY A PREPON-
DERANCE OF THE EVIDENCE THAT NO REASONABLE JURY OF THE APPLICANT'S PEERS
WOULD HAVE FOUND THE APPLICANT GUILTY BEYOND A REASONABLE DOUBT; or
(i) The judgment is a conviction where the [defendant's] APPLICANT'S
participation in the offense was a result of having been a victim of sex
trafficking under section 230.34 of the penal law, sex trafficking of a
child under section 230.34-a of the penal law, labor trafficking under
section 135.35 of the penal law, aggravated labor trafficking under
section 135.37 of the penal law, compelling prostitution under section
230.33 of the penal law, or trafficking in persons under the Trafficking
Victims Protection Act (United States Code, title 22, chapter 78);
provided that
(i) official documentation of the [defendant's] APPLICANT'S status as
a victim of sex trafficking, labor trafficking, aggravated labor traf-
ficking, compelling prostitution, or trafficking in persons at the time
of the offense from a federal, state or local government agency shall
create a presumption that the [defendant's] APPLICANT'S participation in
the offense was a result of having been a victim of sex trafficking,
labor trafficking, aggravated labor trafficking, compelling prostitution
S. 8305--B 176
or trafficking in persons, but shall not be required for granting a
motion under this paragraph;
(ii) a motion under this paragraph, and all pertinent papers and docu-
ments, shall be confidential and may not be made available to any person
or public or private [entity] AGENCY except [where] WHEN specifically
authorized by the court; and
(iii) when a motion is filed under this paragraph, the court may, upon
the consent of the petitioner and all of the INVOLVED state [and] OR
local prosecutorial agencies [that prosecuted each matter], consolidate
into one proceeding a motion to vacate judgments imposed by distinct or
multiple criminal courts; or
(j) The judgment is a conviction for [a class A or unclassified] ANY
misdemeanor entered prior to the effective date of this paragraph and
satisfies the ground prescribed in paragraph (h) of this subdivision.
There shall be a rebuttable presumption that a conviction by plea to
such an offense was not knowing, voluntary and intelligent, based on
ongoing collateral consequences, including potential or actual immi-
gration consequences, and there shall be a rebuttable presumption that a
conviction by verdict constitutes cruel and unusual punishment under
section five of article one of the state constitution based on such
consequences; or
(k) The judgment occurred prior to the effective date of the laws of
two thousand [twenty-one] TWENTY-THREE that amended this paragraph and
is a conviction for an offense as defined in [subparagraphs] SUBPARA-
GRAPH (i), (ii), (iii) or (iv) of paragraph (k) of subdivision three of
section 160.50 of this part, OR A MISDEMEANOR UNDER THE FORMER ARTICLE
TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, in which case the court shall
presume that a conviction by plea for the aforementioned offenses was
not knowing, voluntary and intelligent if it has severe or ongoing
consequences, including but not limited to potential or actual immi-
gration consequences, and shall presume that a conviction by verdict for
the aforementioned offenses constitutes cruel and unusual punishment
under section five of article one of the state constitution, based on
those consequences. The people may rebut these presumptions[.]; OR
(L) ANY OFFENSE IN THE STATE OF NEW YORK THAT AN INTERMEDIATE APPEL-
LATE COURT, COURT OF APPEALS, OR UNITED STATES FEDERAL COURT WITH JURIS-
DICTION OVER NEW YORK STATE LAW ISSUES HAS DEEMED IN VIOLATION OF THE
CONSTITUTION OF THIS STATE OR OF THE UNITED STATES, OR ANY OTHER RIGHT
UNDER STATE OR FEDERAL LAW.
2. Notwithstanding the provisions of subdivision one, the court [must]
MAY deny a motion to vacate a judgment when:
(a) The ground or issue raised upon the motion was previously deter-
mined on the merits upon an appeal from the judgment, unless since the
time of such appellate determination there has been a retroactively
effective change in the law controlling such issue. HOWEVER, IF ALL OF
THE EVIDENCE CURRENTLY BEFORE THE COURT WAS NOT DULY CONSIDERED PREVI-
OUSLY BY THE COURT, THE COURT SHALL GRANT THE MOTION OR ORDER THE HEAR-
ING; or
(b) The judgment is, at the time of the motion, appealable or pending
on appeal, and sufficient facts appear on the record with respect to the
ground or issue raised upon the motion to permit adequate review thereof
upon such an appeal unless the issue raised upon such motion is ineffec-
tive assistance of counsel. This paragraph shall not apply to a motion
under paragraph (i), (J), (K) OR (L) of subdivision one of this section;
or
S. 8305--B 177
(c) [Although sufficient facts appear on the record of the proceedings
underlying the judgment to have permitted, upon appeal from such judg-
ment, adequate review of the ground or issue raised upon the motion, no
such appellate review or determination occurred owing to the defendant's
unjustifiable failure to take or perfect an appeal during the prescribed
period or to his or her unjustifiable failure to raise such ground or
issue upon an appeal actually perfected by him or her unless the issue
raised upon such motion is ineffective assistance of counsel; or
(d)] The ground or issue raised relates solely to the validity of the
sentence and not to the validity of the conviction. IN SUCH CASE, THE
COURT SHALL DEEM THE MOTION TO HAVE BEEN MADE PURSUANT TO SECTION 440.20
OF THIS ARTICLE.
[3. Notwithstanding the provisions of subdivision one, the court may
deny a motion to vacate a judgment when:
(a) Although facts in support of the ground or issue raised upon the
motion could with due diligence by the defendant have readily been made
to appear on the record in a manner providing adequate basis for review
of such ground or issue upon an appeal from the judgment, the defendant
unjustifiably failed to adduce such matter prior to sentence and the
ground or issue in question was not subsequently determined upon appeal.
This paragraph does not apply to a motion based upon deprivation of the
right to counsel at the trial or upon failure of the trial court to
advise the defendant of such right, or to a motion under paragraph (i)
of subdivision one of this section; or
(b) The ground or issue raised upon the motion was previously deter-
mined on the merits upon a prior motion or proceeding in a court of this
state, other than an appeal from the judgment, or upon a motion or
proceeding in a federal court; unless since the time of such determi-
nation there has been a retroactively effective change in the law
controlling such issue; or
(c) Upon a previous motion made pursuant to this section, the defend-
ant was in a position adequately to raise the ground or issue underlying
the present motion but did not do so.]
(D) Although the court may deny the motion under any of the circum-
stances specified in this subdivision, in the interest of justice and
for good cause shown it may in its discretion grant the motion if it is
otherwise meritorious and vacate the judgment.
[4.] 3. If the court grants the motion, it must, except as provided in
subdivision [five] FOUR or [six] FIVE of this section, vacate the judg-
ment, and must EITHER:
(A) dismiss AND SEAL the accusatory instrument, or
(B) order a new trial, or
(C) take such other action as is appropriate in the circumstances.
[5.] 4. Upon granting the motion upon the ground, as prescribed in
paragraph (g) of subdivision one, that newly discovered evidence creates
a probability that had such evidence been received at the trial the
verdict would have been more favorable to the [defendant] APPLICANT in
that the conviction would have been for a lesser offense than the one
contained in the verdict, the court may either:
(a) Vacate the judgment and order a new trial; or
(b) With the consent of the people, modify the judgment by reducing it
to one of conviction for such lesser offense. In such case, the court
must re-sentence the [defendant] APPLICANT accordingly.
[6.] 5. If the court grants a motion under [paragraph (i) or] para-
graph [(k)] (H), (I), (J), (K) OR (L) of subdivision one of this
section, it must vacate the judgment [and] ON THE MERITS, dismiss the
S. 8305--B 178
accusatory instrument, SEAL THE JUDGMENT, and may take such additional
action as is appropriate in the circumstances. [In the case of a motion
granted under paragraph (i) of subdivision one of this section, the
court must vacate the judgment on the merits because the defendant's
participation in the offense was a result of having been a victim of
trafficking.
7.] 6. Upon a new trial resulting from an order vacating a judgment
pursuant to this section, the indictment is deemed to contain all the
counts and to charge all the offenses which it contained and charged at
the time the previous trial was commenced, regardless of whether any
count was dismissed by the court in the course of such trial, except (a)
those upon or of which the [defendant] APPLICANT was acquitted or deemed
to have been acquitted, and (b) those dismissed by the order vacating
the judgment, and (c) those previously dismissed by an appellate court
upon an appeal from the judgment, or by any court upon a previous post-
judgment motion.
[8.] 7. Upon an order which vacates a judgment based upon a plea of
guilty to an accusatory instrument or a part thereof, but which does not
dismiss the entire accusatory instrument, the criminal action is, in the
absence of an express direction to the contrary, restored to its
[prepleading] PRE-PLEADING status and the accusatory instrument is
deemed to contain all the counts and to charge all the offenses which it
contained and charged at the time of the entry of the plea, except those
subsequently dismissed under circumstances specified in paragraphs (b)
and (c) of subdivision six. Where the plea of guilty was entered and
accepted, pursuant to subdivision three of section 220.30, upon the
condition that it constituted a complete disposition not only of the
accusatory instrument underlying the judgment vacated but also of one or
more other accusatory instruments against the [defendant] APPLICANT then
pending in the same court, the order of vacation completely restores
such other accusatory instruments; and such is the case even though such
order dismisses the main accusatory instrument underlying the judgment.
[9.] 8. Upon granting of a motion pursuant to paragraph (j) of subdi-
vision one of this section, the court may either:
(a) With the consent of the people, vacate the judgment or modify the
judgment by reducing it to one of conviction for a lesser offense; or
(b) Vacate the judgment and order a new trial wherein the [defendant]
APPLICANT enters a plea to the same offense in order to permit the court
to resentence the [defendant] APPLICANT in accordance with the amendato-
ry provisions of subdivision one-a of section 70.15 of the penal law.
§ 3. Section 440.20 of the criminal procedure law, subdivision 1 as
amended by chapter 1 of the laws of 1995, is amended to read as follows:
§ 440.20 Motion to set aside sentence; by [defendant] APPLICANT.
1. At any time after the entry of a judgment, the court in which the
judgment was entered may, upon motion of the [defendant] APPLICANT, set
aside the sentence upon the ground that it was unauthorized, illegally
imposed, EXCEEDED THE MAXIMUM ALLOWED BY LAW, OBTAINED OR IMPOSED IN
VIOLATION OF THE DEFENDANT'S CONSTITUTIONAL RIGHTS, or WAS otherwise
invalid as a matter of law. Where the judgment includes a sentence of
death, the court may also set aside the sentence upon any of the grounds
set forth in paragraph (b), (c), (f), (g) or (h) of subdivision one of
section 440.10 as applied to a separate sentencing proceeding under
section 400.27, provided, however, that to the extent the ground or
grounds asserted include one or more of the aforesaid paragraphs of
subdivision one of section 440.10, the court must also apply [subdivi-
sions] SUBDIVISION two [and three] of section 440.10, other than para-
S. 8305--B 179
graph [(d)] (C) of [subdivision two of] such [section] SUBDIVISION, in
determining the motion. In the event the court enters an order granting
a motion to set aside a sentence of death under this section, the court
must either direct a new sentencing proceeding in accordance with
section 400.27 or, to the extent that the defendant cannot be resen-
tenced to death consistent with the laws of this state or the constitu-
tion of this state or of the United States, resentence the defendant to
life imprisonment without parole or to a sentence of imprisonment for
the class A-I felony of murder in the first degree other than a sentence
of life imprisonment without parole. Upon granting the motion upon any
of the grounds set forth in the aforesaid paragraphs of subdivision one
of section 440.10 and setting aside the sentence, the court must afford
the people a reasonable period of time, which shall not be less than ten
days, to determine whether to take an appeal from the order setting
aside the sentence of death. The taking of an appeal by the people stays
the effectiveness of that portion of the court's order that directs a
new sentencing proceeding.
2. Notwithstanding the provisions of subdivision one, the court
[must] MAY deny such a motion when the ground or issue raised thereupon
was previously determined on the merits upon an appeal from the judgment
or sentence, unless since the time of such appellate determination there
has been a retroactively effective change in the law controlling such
issue. HOWEVER, IF ALL OF THE EVIDENCE CURRENTLY BEFORE THE COURT WAS
NOT DULY CONSIDERED PREVIOUSLY BY THE COURT, THE COURT SHALL NOT DENY
THE MOTION TO VACATE AND INSTEAD SHALL ORDER A HEARING OR GRANT THE
MOTION. EVEN IF THE COURT HAS ALREADY CONSIDERED ALL OF THE EVIDENCE
CURRENTLY BEFORE THE COURT, THE COURT IN THE INTEREST OF JUSTICE AND FOR
GOOD CAUSE SHOWN MAY GRANT THE MOTION IF IT IS OTHERWISE MERITORIOUS.
3. [Notwithstanding the provisions of subdivision one, the court may
deny such a motion when the ground or issue raised thereupon was previ-
ously determined on the merits upon a prior motion or proceeding in a
court of this state, other than an appeal from the judgment, or upon a
prior motion or proceeding in a federal court, unless since the time of
such determination there has been a retroactively effective change in
the law controlling such issue. Despite such determination, however,
the court in the interest of justice and for good cause shown, may in
its discretion grant the motion if it is otherwise meritorious.
4.] An order setting aside a sentence pursuant to this section does
not affect the validity or status of the underlying conviction, and
after entering such an order the court must resentence the [defendant]
APPLICANT in accordance with the law.
§ 4. Section 440.30 of the criminal procedure law, subdivisions 1 and
1-a as amended by chapter 19 of the laws of 2012 and the opening para-
graph of paragraph (b) of subdivision 1 as amended by section 10 of part
LLL of chapter 59 of the laws of 2019, is amended to read as follows:
§ 440.30 Motion to vacate judgment and to set aside sentence; procedure.
1. [(a) A] AN APPLICATION FOR ASSIGNMENT OF COUNSEL FOR A motion to
vacate a judgment pursuant to section 440.10 OR 440.11 of this article
and a motion to set aside a sentence pursuant to section 440.20 of this
article must be made in writing BY A PRO SE APPLICANT TO THE JUDGE OR
JUSTICE WHO IMPOSED THE ORIGINAL SENTENCE and upon reasonable notice to
the people. [Upon the motion, a defendant]
(A) THE COURT SHALL ASSIGN DEFENSE COUNSEL IN CASES WHERE THERE IS A
COLORABLE CLAIM OF RELIEF ACCORDING TO THIS ARTICLE, IN ACCORDANCE WITH
SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW. FOR THE PURPOSE OF
THIS SECTION, A COLORABLE CLAIM IS A CLAIM THAT, TAKING THE FACTS
S. 8305--B 180
ALLEGED IN THE APPLICATION AS TRUE AND VIEWED IN A LIGHT MOST FAVORABLE
TO THE APPLICANT, WOULD ENTITLE THE APPLICANT TO RELIEF.
(B) IF THE JUDGE DECIDES NOT TO ASSIGN COUNSEL, THEY SHALL STATE THE
REASONS FOR DENYING THE REQUEST FOR ASSIGNMENT OF COUNSEL IN WRITING.
(C) IF, AT THE TIME OF SUCH APPLICANT'S REQUEST FOR ASSIGNMENT OF
COUNSEL, THE ORIGINAL SENTENCING JUDGE OR JUSTICE NO LONGER WORKS IN THE
COURT IN WHICH THE ORIGINAL SENTENCE WAS IMPOSED, THEN THE REQUEST SHALL
BE RANDOMLY ASSIGNED TO ANOTHER JUDGE OR JUSTICE OF THE COURT IN WHICH
THE ORIGINAL SENTENCE WAS IMPOSED.
(D) APPLICANTS ALREADY REPRESENTED BY COUNSEL, EITHER APPOINTED PURSU-
ANT TO SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW OR OTHERWISE
RETAINED, ARE NOT REQUIRED TO FILE AN APPLICATION FOR ASSIGNMENT OF
COUNSEL.
2. UPON THE REQUEST OF THE APPLICANT OR THE APPLICANT'S DEFENSE COUN-
SEL, THE COURT SHALL ORDER:
(A) THE PEOPLE TO MAKE AVAILABLE A COPY OF ITS FILE OF THE CASE,
INCLUDING ANY PHYSICAL EVIDENCE IN THE PEOPLE'S POSSESSION AND GRAND
JURY MINUTES;
(B) THE APPLICANT'S PRIOR TRIAL AND APPELLATE DEFENSE COUNSEL TO MAKE
AVAILABLE THEIR COMPLETE FILES RELATING TO THE CASE;
(C) COURT CLERKS AND PROBATION DEPARTMENTS TO MAKE AVAILABLE THE COURT
FILES OR PROBATION RECORDS RELATING TO THE CASE; AND
(D) ANY LAW ENFORCEMENT AGENCY INVOLVED WITH THE CASE TO TURN OVER ITS
FILES OF THE CASE, INCLUDING POLICE REPORTS, WITNESS STATEMENTS,
EVIDENCE VOUCHERS, OR ANY OTHER RELEVANT RECORDS OR EVIDENCE AT ITS
DISPOSAL.
(E) THE COURT SHALL FURTHER ENSURE THAT ANY DISCLOSURE OF EVIDENCE OR
PROPERTY ORDERED PURSUANT TO THIS SUBDIVISION MAY BE SUBJECT TO A
PROTECTIVE ORDER AS DEFINED IN SECTION 245.70 OF THIS PART, WHERE APPRO-
PRIATE.
(F) NOTHING IN THIS SECTION SHALL PRECLUDE THE COURT FROM CONDUCTING
AN IN CAMERA INSPECTION OF EVIDENCE AND ISSUING A PROTECTIVE ORDER
PURSUANT TO SECTION 245.70 OF THIS PART AT THE REQUEST OF THE PROSE-
CUTION OR DEFENSE.
3. (A) AN APPLICANT who is in a position adequately to raise more than
one ground should raise every such ground upon which [he or she] THE
APPLICANT intends to challenge the judgment or sentence. If the motion
is based upon the existence or occurrence of facts, the motion papers
[must] MAY contain sworn allegations thereof, whether by the [defendant]
APPLICANT or by another person or persons. Such sworn allegations may be
based upon personal knowledge of the affiant or upon information and
belief, provided that in the latter event the affiant must state the
sources of such information and the grounds of such belief. The [defend-
ant] APPLICANT may further submit documentary evidence or information
supporting or tending to support the allegations of the moving papers.
(B) The people may file with the court, and in such case must serve a
copy thereof upon the [defendant] APPLICANT or [his or her] THE APPLI-
CANT'S counsel, if any, an answer denying or admitting any or all of the
allegations of the motion papers, and may further submit documentary
evidence or information refuting or tending to refute such allegations.
(C) After all papers of both parties have been filed, and after all
documentary evidence or information, if any, has been submitted, the
court must consider the same for the purpose of ascertaining whether the
motion is determinable without a hearing to resolve questions of fact.
[(b) In conjunction with the filing or consideration of a motion to
vacate a judgment pursuant to section 440.10 of this article by a
S. 8305--B 181
defendant convicted after a trial, in cases where the court has ordered
an evidentiary hearing upon such motion, the court may order that the
people produce or make available for inspection property in its
possession, custody, or control that was secured in connection with the
investigation or prosecution of the defendant upon credible allegations
by the defendant and a finding by the court that such property, if
obtained, would be probative to the determination of defendant's actual
innocence, and that the request is reasonable. The court shall deny or
limit such a request upon a finding that such a request, if granted,
would threaten the integrity or chain of custody of property or the
integrity of the processes or functions of a laboratory conducting DNA
testing, pose a risk of harm, intimidation, embarrassment, reprisal, or
other substantially negative consequences to any person, undermine the
proper functions of law enforcement including the confidentiality of
informants, or on the basis of any other factor identified by the court
in the interests of justice or public safety. The court shall further
ensure that any property produced pursuant to this paragraph is subject
to a protective order, where appropriate. The court shall deny any
request made pursuant to this paragraph where:
(i) (1) the defendant's motion pursuant to section 440.10 of this
article does not seek to demonstrate his or her actual innocence of the
offense or offenses of which he or she was convicted that are the
subject of the motion, or (2) the defendant has not presented credible
allegations and the court has not found that such property, if obtained,
would be probative to the determination of the defendant's actual inno-
cence and that the request is reasonable;
(ii) the defendant has made his or her motion after five years from
the date of the judgment of conviction; provided, however, that this
limitation period shall be tolled for five years if the defendant is in
custody in connection with the conviction that is the subject of his or
her motion, and provided further that, notwithstanding such limitation
periods, the court may consider the motion if the defendant has shown:
(A) that he or she has been pursuing his or her rights diligently and
that some extraordinary circumstance prevented the timely filing of the
motion; (B) that the facts upon which the motion is predicated were
unknown to the defendant or his or her attorney and could not have been
ascertained by the exercise of due diligence prior to the expiration of
the statute of limitations; or (C) considering all circumstances of the
case including but not limited to evidence of the defendant's guilt, the
impact of granting or denying such motion upon public confidence in the
criminal justice system, or upon the safety or welfare of the community,
and the defendant's diligence in seeking to obtain the requested proper-
ty or related relief, the interests of justice would be served by
considering the motion;
(iii) the defendant is challenging a judgment convicting him or her of
an offense that is not a felony defined in section 10.00 of the penal
law; or
(iv) upon a finding by the court that the property requested in this
motion would be available through other means through reasonable efforts
by the defendant to obtain such property.
1-a.] 4. (a) [(1)] Where the [defendant's] APPLICANT'S motion requests
the performance of a forensic DNA test on specified evidence, and upon
the court's determination that any evidence containing deoxyribonucleic
acid ("DNA") was secured in connection with the trial OR THE PLEA
resulting in the judgment, the court shall grant the application for
forensic DNA testing of such evidence upon its determination that [if a]
S. 8305--B 182
HAD THE DNA test [had] RESULTS been [conducted on such evidence, and if
the results had been admitted in the trial resulting in the judgment,]
AVAILABLE AT THE TIME OF TRIAL OR PLEA, there [exists] IS a reasonable
probability that the verdict would have been more favorable to the
[defendant] APPLICANT.
[(2) Where the defendant's motion for forensic DNA testing of speci-
fied evidence is made following a plea of guilty and entry of judgment
thereon convicting him or her of: (A) a homicide offense defined in
article one hundred twenty-five of the penal law, any felony sex offense
defined in article one hundred thirty of the penal law, a violent felony
offense as defined in paragraph (a) of subdivision one of section 70.02
of the penal law, or (B) any other felony offense to which he or she
pled guilty after being charged in an indictment or information in supe-
rior court with one or more of the offenses listed in clause (A) of this
subparagraph, then the court shall grant such a motion upon its determi-
nation that evidence containing DNA was secured in connection with the
investigation or prosecution of the defendant, and if a DNA test had
been conducted on such evidence and the results had been known to the
parties prior to the entry of the defendant's plea and judgment thereon,
there exists a substantial probability that the evidence would have
established the defendant's actual innocence of the offense or offenses
that are the subject of the defendant's motion; provided, however, that:
(i) the court shall consider whether the defendant had the opportunity
to request such testing prior to entering a guilty plea, and, where it
finds that the defendant had such opportunity and unjustifiably failed
to do so, the court may deny such motion; and
(ii) a court shall deny the defendant's motion for forensic DNA test-
ing where the defendant has made his or her motion more than five years
after entry of the judgment of conviction; except that the limitation
period may be tolled if the defendant has shown: (A) that he or she has
been pursuing his or her rights diligently and that some extraordinary
circumstance prevented the timely filing of the motion for forensic DNA
testing; (B) that the facts upon which the motion is predicated were
unknown to the defendant or his or her attorney and could not have been
ascertained by the exercise of due diligence prior to the expiration of
this statute of limitations; or (C) considering all circumstances of the
case including but not limited to evidence of the defendant's guilt, the
impact of granting or denying such motion upon public confidence in the
criminal justice system, or upon the safety or welfare of the community,
and the defendant's diligence in seeking to obtain the requested proper-
ty or related relief, the interests of justice would be served by toll-
ing such limitation period.]
(b) WHERE THE APPLICANT'S MOTION FOR RELIEF REQUESTS THE PERFORMANCE
OF ANY OTHER TESTING OF FORENSIC EVIDENCE OR ANY PHYSICAL EVIDENCE
SECURED IN THE CASE, THE COURT SHALL GRANT THE APPLICATION FOR TESTING
OF SUCH EVIDENCE, UPON ITS DETERMINATION THAT HAD THE RESULTS OF TESTING
OF FORENSIC OR OTHER PHYSICAL EVIDENCE BEEN AVAILABLE AT THE TIME OF
TRIAL OR PLEA, THERE IS A REASONABLE PROBABILITY THAT THE VERDICT WOULD
HAVE BEEN MORE FAVORABLE TO THE APPLICANT.
(C) (I) In conjunction with the filing of a motion under this subdivi-
sion, the court may direct the people to provide the [defendant] APPLI-
CANT AND THE APPLICANT'S COUNSEL with information in the possession of
the people concerning the current physical location of the specified
evidence and if the specified evidence no longer exists or the physical
location of the specified evidence is unknown, a representation to that
effect and information and documentary evidence in the possession of the
S. 8305--B 183
people concerning the last known physical location of such specified
evidence.
(II) If there is a finding by the court that the specified evidence no
longer exists or the physical location of such specified evidence is
unknown, [such information in and of itself shall not be a factor from
which any inference unfavorable to the people may be drawn by the court
in deciding a motion under this section] THE COURT MAY GRANT THE APPLI-
CANT'S MOTION AND VACATE THE JUDGMENT UPON A FINDING BY THE COURT THAT
SUCH EVIDENCE IS UNAVAILABLE DUE TO MALFEASANCE OR NEGLECT.
(III) The court, on motion of the [defendant] APPLICANT, may also
issue a subpoena duces tecum directing a public or private hospital,
laboratory or other entity to produce such specified evidence in its
possession and/or information and documentary evidence in its possession
concerning the location and status of such specified evidence.
[(c)] (D) In response to a motion under this paragraph, upon notice to
the parties and to the entity required to perform the search the court
may order an entity that has access to the combined DNA index system
("CODIS") or its successor system to compare a DNA profile obtained from
probative biological material gathered in connection with the investi-
gation or prosecution of the [defendant] APPLICANT against DNA databanks
by keyboard searches, or a similar method that does not involve upload-
ing, upon a court's determination that (1) such profile complies with
federal bureau of investigation or state requirements, whichever are
applicable and as such requirements are applied to law enforcement agen-
cies seeking such a comparison, and that the data meet state DNA index
system and/or national DNA index system criteria as such criteria are
applied to law enforcement agencies seeking such a comparison and (2) if
such comparison had been conducted, [and if the results had been admit-
ted in the trial resulting in the judgment,] a reasonable probability
exists that the verdict would have been more favorable to the [defend-
ant, or in a case involving a plea of guilty, if the results had been
available to the defendant prior to the plea, a reasonable probability
exists that the conviction would not have resulted] APPLICANT. For
purposes of this subdivision, a "keyboard search" shall mean a search of
a DNA profile against the databank in which the profile that is searched
is not uploaded to or maintained in the databank.
[2. If it appears by conceded or uncontradicted allegations of the
moving papers or of the answer, or by unquestionable documentary proof,
that there are circumstances which require denial thereof pursuant to
subdivision two of section 440.10 or subdivision two of section 440.20,
the court must summarily deny the motion. If it appears that there are
circumstances authorizing, though not requiring, denial thereof pursuant
to subdivision three of section 440.10 or subdivision three of section
440.20, the court may in its discretion either (a) summarily deny the
motion, or (b) proceed to consider the merits thereof.]
[3.] 5. Upon considering the merits of the motion, the court must
grant it without conducting a hearing and vacate the judgment or set
aside the sentence, as the case may be, if:
(a) The moving papers allege a ground constituting legal basis for the
motion; and
(b) Such ground, if based upon the existence or occurrence of facts,
is supported by sworn allegations thereof; and
(c) The sworn allegations of fact essential to support the motion are
either conceded by the people to be true or are conclusively substanti-
ated by unquestionable documentary proof.
S. 8305--B 184
[4.] 6. Upon considering the merits of the motion, the court may deny
it without conducting a hearing if:
(a) The moving papers do not allege any ground constituting legal
basis for the motion; or
(b) [The motion is based upon the existence or occurrence of facts and
the moving papers do not contain sworn allegations substantiating or
tending to substantiate all the essential facts, as required by subdivi-
sion one; or
(c)] An allegation of fact essential to support the motion is conclu-
sively refuted by unquestionable documentary proof; or
[(d)] (C) An allegation of fact essential to support the motion (i) is
contradicted by a court record or other official document[, or is made
solely by the defendant and is unsupported by any other affidavit or
evidence,] and (ii) under these and all the other circumstances attend-
ing the case, there is no reasonable possibility that such allegation is
true.
[5.] 7. If the court does not determine the motion pursuant to [subdi-
visions two, three or four] SUBDIVISION FIVE OR SIX, it must conduct a
hearing and make findings of fact essential to the determination there-
of. The [defendant] APPLICANT has a right to be present at such hearing
but may waive such right in writing. If [he] THE APPLICANT does not so
waive it and if [he] THE APPLICANT is confined in a prison or other
institution of this state, the court must cause [him] THE APPLICANT to
be produced at such hearing.
[6.] 8. At such a hearing, the [defendant] APPLICANT has the burden of
proving by a preponderance of the evidence every fact essential to
support the motion. AT THE HEARING, EITHER PARTY SHALL RECEIVE A DAILY
COPY OF THE HEARING MINUTES, UPON REQUEST.
[7.] 9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WHEN THE
APPLICANT RAISES A COLORABLE CLAIM OF RELIEF PURSUANT TO THIS ARTICLE,
THE COURT SHALL NOT SUMMARILY DENY THE MOTION ON THE GROUND THAT THE
APPLICANT PREVIOUSLY MOVED FOR RELIEF UNDER THIS ARTICLE.
10. Regardless of whether a hearing was conducted, the court, upon
determining the motion, must set forth on the record its findings of
fact, its conclusions of law and the reasons for its determination.
§ 5. Subdivision 4 of section 450.10 of the criminal procedure law, as
amended by chapter 671 of the laws of 1971 and as renumbered by chapter
516 of the laws of 1986, is amended to read as follows:
4. An order, entered pursuant to [section 440.40, setting aside a
sentence other than one of death, upon motion of the People] ARTICLE
FOUR HUNDRED FORTY OF THIS TITLE, SHALL BE AUTHORIZED TO AN INTERMEDIATE
APPELLATE COURT AS A MATTER OF RIGHT.
§ 6. Subdivision 5 of section 450.10 of the criminal procedure law is
REPEALED.
§ 7. Section 216 of the judiciary law is amended by adding a new
subdivision 7 to read as follows:
7. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL COLLECT DATA AND REPORT
EVERY YEAR IN RELATION TO APPLICATIONS AND MOTIONS FILED PURSUANT TO
ARTICLE FOUR HUNDRED FORTY OF THE CRIMINAL PROCEDURE LAW, BROKEN DOWN BY
EACH SECTION OF SUCH ARTICLE TO INCLUDE MOTIONS FILED PURSUANT TO
SECTIONS 440.10, 440.20, 440.40, 440.46, 440.46-A, AND 440.47 OF THE
CRIMINAL PROCEDURE LAW. INFORMATION TO BE COLLECTED AND DISCLOSED SHALL
INCLUDE THE RAW NUMBER OF BOTH APPLICATIONS AND/OR MOTIONS FILED IN EACH
COUNTY AND ON APPEAL IN EACH JUDICIAL DEPARTMENT. INFORMATION SHALL
INCLUDE THE TOP CONVICTION CHARGE FOR EACH APPLICATION OR MOTION; WHEN
PRO SE APPLICANTS REQUEST ASSIGNMENT OF COUNSEL PURSUANT TO SUBDIVISION
S. 8305--B 185
TWO OF SECTION 440.30 OF THE CRIMINAL PROCEDURE LAW, WHETHER OR NOT
COUNSEL WAS ASSIGNED; THE OUTCOME OF EACH MOTION FILED, WHETHER DENIED
WITHOUT HEARING, DENIED WITH HEARING, VACATUR GRANTED, OR OTHER; AND THE
AVERAGE LENGTH OF TIME MOTION UNDER ARTICLE FOUR HUNDRED FORTY OF THE
CRIMINAL PROCEDURE LAW REMAINS PENDING FOR EACH COUNTY. SUCH REPORT
SHALL AGGREGATE THE DATA COLLECTED BY COUNTY AND JUDICIAL DEPARTMENT.
THE DATA SHALL BE AGGREGATED IN ORDER TO PROTECT THE IDENTITY OF INDI-
VIDUAL APPLICANTS. THE REPORT SHALL BE RELEASED PUBLICLY AND PUBLISHED
ON THE WEBSITES OF THE OFFICE OF COURT ADMINISTRATION AND THE DIVISION
OF CRIMINAL JUSTICE SERVICES. THE FIRST REPORT SHALL BE PUBLISHED TWELVE
MONTHS AFTER THIS SUBDIVISION SHALL HAVE BECOME A LAW, AND SHALL INCLUDE
DATA FROM THE FIRST SIX MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS
SUBDIVISION. REPORTS FOR SUBSEQUENT PERIODS SHALL BE PUBLISHED ANNUALLY
THEREAFTER.
§ 8. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act, which can be given
effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 9. This act shall take effect on the sixtieth day after it shall
have become a law.
PART CCC
Section 1. Section 218 of the judiciary law is REPEALED and a new
section 218 is added to read as follows:
§ 218. AUDIO-VISUAL COVERAGE OF JUDICIAL PROCEEDINGS. 1. AUTHORI-
ZATION. SUBJECT TO THE AUTHORITY OF THE JUDGE OR JUSTICE PRESIDING OVER
THE PROCEEDING TO EXERCISE SOUND DISCRETION TO PROHIBIT FILMING OR
PHOTOGRAPHING OF PARTICULAR PARTICIPANTS IN JUDICIAL PROCEEDINGS TO
ENSURE SAFETY AND THE FAIR ADMINISTRATION OF JUSTICE, AUDIO-VISUAL AND
STILL PHOTOGRAPHY COVERAGE OF PUBLIC JUDICIAL PROCEEDINGS IN THE APPEL-
LATE AND TRIAL COURTS OF THIS STATE SHALL BE ALLOWED IN ACCORDANCE WITH
THIS SECTION.
2. EQUIPMENT AND PERSONNEL. THE FOLLOWING SHALL BE PERMITTED IN ANY
TRIAL OR APPELLATE COURT PROCEEDING:
(A) AT LEAST TWO COMPACT VIDEO CAMERAS, EACH OPERATED BY NO MORE THAN
ONE CAMERA PERSON.
(B) AT LEAST ONE STILL PHOTOGRAPHER, EACH USING NOT MORE THAN TWO
STILL CAMERAS.
(C) AT LEAST ONE AUDIO SYSTEM FOR RADIO BROADCAST PURPOSES. AUDIO
PICKUP FOR ALL MEDIA PURPOSES SHALL BE PROVIDED BY EXISTING AUDIO
SYSTEMS PRESENT IN THE COURTROOM. IF NO TECHNICALLY SUITABLE AUDIO
SYSTEM EXISTS IN THE COURTROOM, MICROPHONES AND RELATED WIRING ESSENTIAL
FOR MEDIA PURPOSES SHALL BE PERMISSIBLE PROVIDED THEY ARE UNOBTRUSIVE
AND SHALL BE LOCATED IN PLACES DESIGNATED IN ADVANCE OF ANY PROCEEDING
BY THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING.
(D) ADDITIONAL PERMITTED EQUIPMENT OR PERSONNEL SHALL BE WITHIN THE
SOLE DISCRETION AND AUTHORITY OF THE JUDGE OR JUSTICE PRESIDING OVER THE
PROCEEDING.
(E) ANY POOLING ARRANGEMENTS AMONG MEMBERS OF THE MEDIA CONCERNING
EQUIPMENT AND PERSONNEL SHALL BE THE SOLE RESPONSIBILITY OF SUCH MEMBERS
WITHOUT CALLING UPON THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING
TO MEDIATE ANY DISPUTE AS TO THE APPROPRIATE MEDIA REPRESENTATIVE OR
EQUIPMENT AUTHORIZED TO COVER A PARTICULAR PROCEEDING. IN THE ABSENCE OF
S. 8305--B 186
ADVANCE MEDIA AGREEMENT CONCERNING DISPUTED EQUIPMENT OR PERSONNEL
ISSUES, THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING MAY EXCLUDE
ALL CONTESTING MEDIA PERSONNEL FROM A PROCEEDING.
3. SOUND AND LIGHT CRITERIA. VIDEO AND AUDIO EQUIPMENT, INCLUDING
STILL CAMERA EQUIPMENT, WHETHER FILM OR DIGITAL, SHALL NOT BE PERMITTED
IF IT PRODUCES DISORIENTING SOUND OR LIGHT. NO ARTIFICIAL LIGHTING
DEVICE OF ANY KIND SHALL BE USED IN CONNECTION WITH THE VIDEO EQUIPMENT
OR STILL CAMERA.
4. LOCATION OF EQUIPMENT PERSONNEL. VIDEO CAMERA EQUIPMENT AND STILL
CAMERA PHOTOGRAPHERS SHALL BE POSITIONED IN SUCH LOCATION OR LOCATIONS
IN THE COURTROOM AS SHALL BE DESIGNATED BY THE CHIEF ADMINISTRATIVE
JUDGE OF THE COURT OR THE CHIEF ADMINISTRATIVE JUDGE'S DESIGNEE. THE
AREA DESIGNATED SHALL PROVIDE REASONABLE ACCESS TO COVERAGE OF THE
PROCEEDINGS. STILL CAMERA PHOTOGRAPHERS SHALL ASSUME A FIXED POSITION
WITHIN THE DESIGNATED AREA AND SHALL NOT BE PERMITTED TO MOVE ABOUT TO
OBTAIN PHOTOGRAPHS OF COURT PROCEEDINGS. MEDIA REPRESENTATIVES SHALL NOT
MOVE ABOUT THE COURT FACILITY WHILE PROCEEDINGS ARE IN SESSION.
5. EQUIPMENT MOVEMENT DURING PROCEEDINGS. NEWS MEDIA PHOTOGRAPHIC OR
AUDIO EQUIPMENT SHALL NOT BE PLACED IN, REMOVED FROM, OR MOVED ABOUT THE
COURT FACILITY EXCEPT BEFORE COMMENCEMENT OR AFTER ADJOURNMENT OF
PROCEEDINGS EACH DAY, OR DURING A RECESS. NEITHER VIDEO CASSETTES OR
FILM MAGAZINES NOR STILL CAMERA FILM, DIGITAL MEDIA CARDS, OR LENSES
SHALL BE CHANGED WITHIN A COURTROOM EXCEPT DURING A RECESS IN THE
PROCEEDING.
6. COURTROOM LIGHT SOURCES. WITH THE CONCURRENCE OF THE CHIEF ADMINIS-
TRATIVE JUDGE OF THE COURT, MODIFICATIONS AND ADDITIONS MAY BE MADE IN
LIGHT SOURCES EXISTING IN THE COURTROOM, PROVIDED SUCH MODIFICATIONS OR
ADDITIONS ARE INSTALLED AND MAINTAINED WITHOUT PUBLIC EXPENSE.
7. CONFERENCES OF COUNSEL. TO PROTECT THE ATTORNEY-CLIENT PRIVILEGE
AND THE EFFECTIVE RIGHT TO COUNSEL, THERE SHALL BE NO AUDIO PICKUP OR
BROADCAST OF CONFERENCES THAT OCCUR IN A COURTROOM BETWEEN ATTORNEYS AND
THEIR CLIENTS, BETWEEN CO-COUNSEL OF A CLIENT, OR BETWEEN COUNSEL AND
THE PRESIDING JUDGE HELD AT THE BENCH.
8. IMPERMISSIBLE USE OF MEDIA MATERIAL. FILM, DIGITAL FILES, VIDE-
OTAPE, STILL PHOTOGRAPHS, OR AUDIO REPRODUCTIONS CAPTURED OR RECORDED
DURING OR BY VIRTUE OF COVERAGE OF A JUDICIAL PROCEEDING SHALL NOT BE
ADMISSIBLE AS EVIDENCE IN THE PROCEEDING OUT OF WHICH IT AROSE, IN ANY
PROCEEDING SUBSEQUENT OR COLLATERAL THERETO, OR UPON RETRIAL OR APPEAL
OF SUCH PROCEEDINGS.
9. WRITTEN ORDER. (A) AN ORDER RESTRICTING AUDIO-VISUAL COVERAGE WITH
RESPECT TO A PARTICULAR PARTICIPANT SHALL BE IN WRITING AND BE INCLUDED
IN THE RECORD OF SUCH PROCEEDING. THE ORDER MUST STATE GOOD CAUSE WHY
SUCH COVERAGE WILL HAVE A SUBSTANTIAL EFFECT UPON THE INDIVIDUAL WHICH
WOULD BE QUALITATIVELY DIFFERENT FROM THE EFFECT ON MEMBERS OF THE
PUBLIC IN GENERAL AND THAT SUCH EFFECT WILL BE QUALITATIVELY DIFFERENT
FROM COVERAGE BY OTHER TYPES OF MEDIA. BEFORE PROHIBITING AUDIO-VISUAL
COVERAGE, THE PRESIDING JUDGE MUST FIRST CONSIDER THE IMPOSITION OF
SPECIAL LIMITATIONS, SUCH AS A DELAYED OR MODIFIED STILL OR AUDIO-VISUAL
COVERAGE OF THE PROCEEDINGS.
(B) A PRESUMPTION OF GOOD CAUSE SHALL EXIST WITH RESPECT TO TESTIMONY
OF MINORS.
10. CLOSING THE COURTROOM. NO AUDIO-VISUAL COVERAGE WILL BE PERMITTED
DURING ANY PERIOD IN WHICH THE COURTROOM IS LAWFULLY CLOSED TO THE
GENERAL PUBLIC IN ACCORDANCE WITH THE UNITED STATES AND NEW YORK CONSTI-
TUTIONS, NEW YORK LAW, AND COURT RULES.
S. 8305--B 187
11. APPELLATE REVIEW. INTERLOCUTORY REVIEW OF AN ORDER RESTRICTING
AUDIO-VISUAL COVERAGE SHALL BE EXPEDITED IN ACCORDANCE WITH THE RULES OF
THE APPLICABLE APPELLATE COURT.
12. REGULATIONS. THE PROVISIONS OF THIS ACT SHALL SUPERSEDE ANY
PROVISION TO THE CONTRARY IN PART 131 OF THE RULES OF THE CHIEF ADMINIS-
TRATIVE JUDGE, 22 NYCRR PART 131, PART 29 OF THE RULES OF THE CHIEF
JUDGE, 22 NYCRR PART 29, AND ANY OTHER COURT RULE REGARDING AUDIO-VISUAL
COVERAGE OF JUDICIAL PROCEEDINGS.
§ 2. Section 52 of the civil rights law is REPEALED.
§ 3. Subdivision 5 of section 751 of the judiciary law, as added by
chapter 187 of the laws of 1992, is amended to read as follows:
5. Where any member of the [news] media as [defined in subdivision two
of] REFERENCED IN section two hundred eighteen of this chapter, willful-
ly disobeys a lawful mandate of a court issued pursuant to such section,
the punishment for each day that such contempt persists may be by a fine
fixed in the discretion of the court, but not to exceed five thousand
dollars per day or imprisonment, not exceeding thirty days, in the jail
of the county where the court is sitting or both, in the discretion of
the court. In fixing the amount of the fine, the court shall consider
all the facts and circumstances directly related to the contempt,
including, but not limited to: (i) the extent of the willful defiance of
or resistance to the court's mandate, (ii) the amount of gain obtained
by the willful disobedience of the mandate, and (iii) the effect upon
the public and the parties to the proceeding of the willful disobedi-
ence.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law.
PART DDD
Section 1. Subparagraph (i) of paragraph (e) of subdivision 6 of
section 137 of the correction law, as amended by chapter 322 of the laws
of 2021, is amended to read as follows:
(i) he or she [has a current diagnosis of, or is diagnosed at the
initial or any subsequent assessment conducted during the incarcerated
individual's segregated confinement with, one or more of the following
types of Axis I diagnoses, as described in the most recent edition of
the Diagnostic and Statistical Manual of Mental Disorders, and such
diagnoses shall be made based upon all relevant clinical factors,
including but not limited to symptoms related to such diagnoses:
(A) schizophrenia (all sub-types),
(B) delusional disorder,
(C) schizophreniform disorder,
(D) schizoaffective disorder,
(E) brief psychotic disorder,
(F) substance-induced psychotic disorder (excluding intoxication and
withdrawal),
(G) psychotic disorder not otherwise specified,
(H) major depressive disorders, or
(I) bipolar disorder I and II] IS A PERSON WITH A SERIOUS MENTAL
ILLNESS, AS DEFINED IN SUBDIVISION FIFTY-TWO OF SECTION 1.03 OF THE
MENTAL HYGIENE LAW;
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART EEE
S. 8305--B 188
Section 1. Section 722-b of the county law, as amended by section 1 of
part GG of chapter 56 of the laws of 2023, is amended to read as
follows:
§ 722-b. Compensation and reimbursement for representation. 1. All
counsel assigned in accordance with a plan of a bar association conform-
ing to the requirements of section seven hundred twenty-two of this
article whereby the services of private counsel are rotated and coordi-
nated by an administrator shall at the conclusion of the representation
receive:
(A) FOR REPRESENTATION OF A PERSON ENTITLED TO REPRESENTATION BY LAW
WHO IS INITIALLY CHARGED WITH A MISDEMEANOR OR LESSER OFFENSE AND NO
FELONY, COMPENSATION FOR SUCH MISDEMEANOR OR LESSER OFFENSE REPRESEN-
TATION AT A RATE OF ONE HUNDRED FIFTY-EIGHT DOLLARS PER HOUR FOR TIME
EXPENDED IN COURT OR BEFORE A MAGISTRATE, JUDGE OR JUSTICE, AND ONE
HUNDRED FIFTY-EIGHT DOLLARS PER HOUR FOR TIME REASONABLY EXPENDED OUT OF
COURT, AND SHALL RECEIVE REIMBURSEMENT FOR EXPENSES REASONABLY INCURRED;
AND
(B) for representation of a person in all OTHER cases governed by this
article, including all representation in an appellate court, compen-
sation at a rate of one hundred [fifty-eight] SIXTY-FOUR dollars per
hour for time expended in court before a magistrate, judge or justice
and one hundred [fifty-eight] SIXTY-FOUR dollars per hour for time
reasonably expended out of court, and shall receive reimbursement for
expenses reasonably incurred.
1-A. (A) THE HOURLY RATES SET BY PARAGRAPHS (A) AND (B) OF SUBDIVISION
ONE OF THIS SECTION SHALL BE ADJUSTED ANNUALLY, EFFECTIVE APRIL FIRST OF
EACH YEAR, BEGINNING IN THE YEAR TWO THOUSAND TWENTY-SIX.
(B) THE HOURLY RATE FOR REPRESENTATION ESTABLISHED UNDER PARAGRAPH (A)
OF SUBDIVISION ONE OF THIS SECTION SHALL BE ADJUSTED TO EQUAL NO LESS
THAN EIGHTY PERCENT OF THE HOURLY RATE CALCULATED UNDER PARAGRAPH (C) OF
THIS SUBDIVISION, ROUNDED TO THE NEAREST DOLLAR.
(C) THE HOURLY RATE FOR REPRESENTATION UNDER PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION SHALL BE ADJUSTED ANNUALLY TO EQUAL NO LESS
THAN THE HOURLY RATE PAID TO ASSIGNED COUNSEL IN NON-CAPITAL CASES IN
FEDERAL DISTRICT COURT PURSUANT TO 18 U.S.C. § 3006A AND RELATED LAWS
AND REGULATIONS FOR THE CALENDAR YEAR TWO YEARS PRIOR.
2. (A) Except as provided in subdivision three of this section,
compensation for time expended in providing representation pursuant to
subdivision one of this section shall not exceed ten thousand dollars,
PROVIDED THAT SUCH FIGURE SHALL BE ADJUSTED ANNUALLY, EFFECTIVE APRIL
FIRST OF EACH YEAR, BEGINNING IN THE YEAR TWO THOUSAND TWENTY-SIX.
(B) FOR REPRESENTATION UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION, THE CASE COMPENSATION MAXIMUM SHALL BE ADJUSTED ANNUALLY TO
EQUAL NO LESS THAN EIGHTY PERCENT OF THE CASE COMPENSATION MAXIMUM
CALCULATED UNDER PARAGRAPH (C) OF THIS SUBDIVISION, ROUNDED TO THE NEAR-
EST DOLLAR.
(C) FOR REPRESENTATION UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION, THE CASE COMPENSATION MAXIMUM SHALL BE ADJUSTED ANNUALLY TO
EQUAL NO LESS THAN THE CASE COMPENSATION MAXIMUM FOR ASSIGNED COUNSEL IN
NON-CAPITAL CASES IN FEDERAL DISTRICT COURT PURSUANT TO 18 U.S.C. §
3006A AND RELATED LAWS AND REGULATIONS FOR THE CALENDAR YEAR TWO YEARS
PRIOR.
3. For representation on an appeal, compensation and reimbursement
shall be fixed by the appellate court. For all other representation,
compensation and reimbursement shall be fixed by the trial court judge.
In extraordinary circumstances a trial or appellate court may provide
S. 8305--B 189
for compensation in excess of the foregoing limits and for payment of
compensation and reimbursement for expenses before the completion of the
representation.
4. Each claim for compensation and reimbursement shall be supported by
a sworn statement specifying the time expended, services rendered,
expenses incurred and reimbursement or compensation applied for or
received in the same case from any other source. No counsel assigned
hereunder shall seek or accept any fee for representing the party for
whom [he or she] SUCH COUNSEL is assigned without approval of the court
as herein provided.
§ 2. Subdivision 3 of section 35 of the judiciary law, as amended by
section 3 of part GG of chapter 56 of the laws of 2023, is amended to
read as follows:
3. a. No counsel assigned pursuant to this section shall seek or
accept any fee for representing the person for whom [he or she] SUCH
COUNSEL is assigned without approval of the court as herein provided.
Whenever it appears that such person is financially able to obtain coun-
sel or make partial payment for the representation, counsel may report
this fact to the court and the court may terminate the assignment or
authorize payment, as the interests of justice may dictate, to such
counsel. Counsel assigned hereunder shall at the conclusion of the
representation receive compensation at a rate of one hundred fifty-eight
dollars per hour for time expended in court, and one hundred fifty-eight
dollars per hour for time reasonably expended out of court, and shall
receive reimbursement for expenses reasonably incurred, PROVIDED THAT
SUCH FIGURE SHALL BE ADJUSTED ANNUALLY, EFFECTIVE APRIL FIRST OF EACH
YEAR, TO EQUAL NO LESS THAN THE HOURLY RATE CALCULATED UNDER PARAGRAPH
(B) OF SUBDIVISION ONE-A OF SECTION SEVEN HUNDRED TWENTY-TWO-B OF THE
COUNTY LAW.
b. For representation upon a hearing, compensation and reimbursement
shall be fixed by the court wherein the hearing was held and such
compensation shall not exceed ten thousand dollars. For representation
in an appellate court, compensation and reimbursement shall be fixed by
such court and such compensation shall not exceed ten thousand dollars,
PROVIDED THAT SUCH FIGURE SHALL BE ADJUSTED ANNUALLY, EFFECTIVE APRIL
FIRST OF EACH YEAR, TO EQUAL NO LESS THAN THE CASE COMPENSATION MAXIMUM
CALCULATED UNDER PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION SEVEN
HUNDRED TWENTY-TWO-B OF THE COUNTY LAW. In extraordinary circumstances
the court may provide for compensation in excess of the foregoing
limits.
§ 3. This act shall take effect April 1, 2025.
PART FFF
Section 1. Paragraph 1 of section 5-4.1 of the estates, powers and
trusts law, as amended by chapter 114 of the laws of 2003, is amended to
read as follows:
1. The personal representative, duly appointed in this state or any
other jurisdiction, of a decedent [who is survived by distributees] may
maintain an action to recover damages for a wrongful act, neglect or
default which caused the decedent's death against a person who would
have been liable to the decedent by reason of such wrongful conduct if
death had not ensued. Such an action must be commenced within [two]
THREE years after the decedent's death[; provided, however, that an
action on behalf of a decedent whose death was caused by the terrorist
attacks on September eleventh, two thousand one, other than a decedent
S. 8305--B 190
identified by the attorney general of the United States as a participant
or conspirator in such attacks, must be commenced within two years and
six months after the decedent's death]. When the [distributees] PERSONS
FOR WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART MAY BE BROUGHT do not
participate in the administration of the decedent's estate under a will
appointing an executor who refuses to bring such action, the [distribu-
tees] PERSONS FOR WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART MAY BE
BROUGHT are entitled to have an administrator appointed to prosecute the
action for their benefit.
§ 2. Paragraph (a) of section 5-4.3 of the estates, powers and trusts
law, as amended by chapter 100 of the laws of 1982, is amended to read
as follows:
(a) The damages awarded to the plaintiff may be such sum as the jury
or, where issues of fact are tried without a jury, the court or referee
deems to be fair and just compensation for the [pecuniary] injuries
resulting from the decedent's death to the persons for whose benefit the
action is brought. In every such action, in addition to any other lawful
element of recoverable damages, [the reasonable expenses of medical aid,
nursing and attention incident to the injury causing death and the
reasonable funeral expenses of the decedent paid by the distributees, or
for the payment of which any distributee is responsible, shall also be
proper elements of damage] COMPENSATION FOR THE FOLLOWING DAMAGES MAY
BE RECOVERED: (I) REASONABLE FUNERAL EXPENSES OF THE DECEDENT PAID BY
THE PERSONS FOR WHOSE BENEFIT THE ACTION IS BROUGHT, OR FOR THE PAYMENT
OF WHICH ANY PERSONS FOR WHOSE BENEFIT THE ACTION IS BROUGHT IS RESPON-
SIBLE; (II) REASONABLE EXPENSES FOR MEDICAL CARE INCIDENT TO THE INJURY
CAUSING DEATH, INCLUDING BUT NOT LIMITED TO DOCTORS, NURSING, ATTENDANT
CARE, TREATMENT, HOSPITALIZATION OF THE DECEDENT, AND MEDICINES; (III)
GRIEF OR ANGUISH CAUSED BY THE DECEDENT'S DEATH; (IV) LOSS OF LOVE,
SOCIETY, PROTECTION, COMFORT, COMPANIONSHIP, AND CONSORTIUM RESULTING
FROM THE DECEDENT'S DEATH; (V) PECUNIARY INJURIES, INCLUDING LOSS OF
SERVICES, SUPPORT, ASSISTANCE, AND LOSS OR DIMINISHMENT OF INHERITANCE,
RESULTING FROM THE DECEDENT'S DEATH; AND (VI) LOSS OF NURTURE, GUIDANCE,
COUNSEL, ADVICE, TRAINING, AND EDUCATION RESULTING FROM THE DECEDENT'S
DEATH. Interest upon the principal sum recovered by the plaintiff from
the date of the decedent's death shall be added to and be a part of the
total sum awarded.
§ 3. Section 5-4.4 of the estates, powers and trusts law, paragraph
(a) as amended by chapter 357 of the laws of 1975, and the opening para-
graph of paragraph (a) as amended by chapter 595 of the laws of 1992, is
amended to read as follows:
§ 5-4.4 Distribution of damages recovered
(a) The damages, as prescribed by 5-4.3, whether recovered in an
action or by settlement without an action, are exclusively for the bene-
fit of the decedent's [distributees and, when collected, shall be
distributed to the persons entitled thereto under 4-1.1 and 5-4.5,
except that where the decedent is survived by a parent or parents and a
spouse and no issue, the parent or parents will be deemed to be distri-
butees for purposes of this section] SURVIVING CLOSE FAMILY MEMBERS,
WHICH SHALL BE LIMITED TO DECEDENT'S SPOUSE OR DOMESTIC PARTNER, ISSUE,
FOSTER-CHILDREN, STEP-CHILDREN, AND STEP-GRANDCHILDREN, PARENTS, GRAND-
PARENTS, STEP-PARENTS, STEP-GRANDPARENTS, SIBLINGS OR ANY PERSON STAND-
ING IN LOCO PARENTIS TO THE DECEDENT. THE FINDER OF FACT SHALL DETERMINE
WHICH PERSONS ARE ENTITLED TO DAMAGES AS CLOSE FAMILY MEMBERS OF THE
DECEDENT UNDER THIS SECTION BASED UPON THE SPECIFIC CIRCUMSTANCES RELAT-
S. 8305--B 191
ING TO THE PERSON'S RELATIONSHIP WITH THE DECEDENT. The damages shall
be distributed subject to the following:
(1) Such damages shall be distributed by the personal representative
to the persons entitled thereto in proportion to the [pecuniary] inju-
ries suffered by them, such proportions to be determined after a hear-
ing, on application of the personal representative or any [distributee]
PERSONS FOR WHOSE BENEFIT THE ACTION IS BROUGHT, at such time and on
notice to all interested persons in such manner as the court may direct.
If no action is brought, such determination shall be made by the surro-
gate of the county in which letters were issued to the plaintiff; if an
action is brought, by the court having jurisdiction of the action or by
the surrogate of the county in which letters were issued.
(2) The court which determines the proportions of the [pecuniary]
injuries suffered by the [distributees] PERSONS FOR WHOSE BENEFIT THE
ACTION IS BROUGHT, as provided in subparagraph (1) OF THIS PARAGRAPH,
shall also decide any question concerning the disqualification of a
parent, under 4-1.4 OF THIS CHAPTER, or a surviving spouse, under 5-1.2
OF THIS ARTICLE, to share in the damages recovered.
(b) The reasonable expenses of the action or settlement and, if
included in the damages recovered, the reasonable expenses of medical
aid, nursing and attention incident to the injury causing death and the
reasonable funeral expenses of the decedent may be fixed by the court
which determines the proportions of the [pecuniary] injuries suffered by
the [distributees] PERSONS FOR WHOSE BENEFIT THE ACTION IS BROUGHT, as
provided in subparagraph (1) OF THIS PARAGRAPH, upon notice given in
such manner and to such persons as the court may direct, and such
expenses may be deducted from the damages recovered. The commissions of
the personal representative upon the residue may be fixed by the surro-
gate, upon notice given in such manner and to such persons as the surro-
gate may direct or upon the judicial settlement of the account of the
personal representative, and such commissions may be deducted from the
damages recovered.
(c) In the event that an action is brought, as authorized in this
part, and there is no recovery or settlement, the reasonable expenses of
such unsuccessful action, excluding counsel fees, shall be payable out
of the assets of the decedent's estate.
(D) FOR THE PURPOSES OF THIS SECTION, THE TERM "DOMESTIC PARTNER"
SHALL HAVE THE SAME MEANING AS DEFINED PURSUANT TO SECTION TWO THOUSAND
NINE HUNDRED SIXTY-ONE OF THE PUBLIC HEALTH LAW.
§ 4. Paragraphs (a) and (b) of section 5-4.6 of the estates, powers
and trusts law, paragraph (a) as amended and paragraph (b) as added by
chapter 719 of the laws of 2005, are amended to read as follows:
(a) Within sixty days of the application of an administrator appointed
under SECTION 5-4.1 OF THIS PART or a personal representative to the
court in which an action for wrongful act, neglect or default causing
the death of a decedent is pending, the court shall, after inquiry into
the merits of the action and the amount of damages proposed as a compro-
mise either disapprove the application or approve in writing a compro-
mise for such amount as it shall determine to be adequate including
approval of attorneys fees and other payable expenses as set forth
below, and shall order the defendant to pay all sums payable under the
order of compromise, within the time frames set forth in section five
thousand three-a of the civil practice law and rules, to the attorney
for the administrator or personal representative for placement in an
interest bearing escrow account for the benefit of the [distributees]
S. 8305--B 192
PERSONS FOR WHOSE BENEFIT THE ACTION IS BROUGHT. The order shall also
provide for the following:
(1) Upon collection of the settlement funds and creation of an inter-
est bearing escrow account, the attorney for the administrator or
personal representative shall pay from the account all due and payable
expenses, excluding attorneys fees, approved by the court, such as
medical bills, funeral costs and other liens on the estate.
(2) All attorneys fees approved by the court for the prosecution of
the action for wrongful act, neglect or default, inclusive of all
disbursements, shall be immediately payable from the escrow account upon
submission to the trial court proof of filing of a petition for allo-
cation and distribution in the surrogate's court on behalf of the
decedent's estate.
(3) The attorney for the administrator or personal representative in
the action for wrongful act, neglect or default who receives payment
under this section shall continue to serve as attorney for the estate
until the entry of a final decree in the surrogate's court.
(b) If any of the [distributees] PERSONS FOR WHOSE BENEFIT THE ACTION
IS BROUGHT is an infant, incompetent, person who is incarcerated or
person under disability, the court shall determine whether a guardian ad
litem is required before any payments are made, in which case the court
will seek an immediate appointment of a guardian ad litem by the surro-
gate's court or, if the surrogate's court defers, the court shall make
such appointment. Any guardian appointed for this purpose shall continue
to serve as the guardian ad litem for the person requiring same for all
other purposes.
§ 5. This act shall take effect immediately and shall apply to all
causes of action that accrue on or after July 1, 2018, regardless of
when filed.
PART GGG
Section 1. (a) The department of environmental conservation shall
conduct a beneficial use study to determine ecological restoration needs
in Jamaica Bay. Such study shall include, but not be limited to:
(i) a description of the bathymetry of target areas of Jamaica Bay and
a map of the borrow pits;
(ii) the ecological service quality of the borrow pits over multiple
weather seasons at multiple depths, including in-depth analysis of the
populations of fin fish species that utilize such areas during different
seasons;
(iii) the geotechnical conditions of all pit bottoms;
(iv) the significance of the borrow pits regarding the absorption of
heat during summer months when adjacent shallow areas experience ulva
sulfide conditions; and
(v) any other policy recommendations regarding the ecological restora-
tion of Jamaica Bay.
(b) The department of environmental conservation shall:
(i) issue a report on the findings of such study to the governor, the
temporary president of the senate and the speaker of the assembly no
later than March 30, 2029; and
(ii) publish such report on the department of environmental conserva-
tion's website.
(c) There shall be a moratorium of any placement of any type of sedi-
ment or fill into the borrow pits in Jamaica Bay for a period of five
S. 8305--B 193
years commencing on the effective date of this act, or until the study
is completed and published, whichever is later.
§ 2. This act shall take effect immediately.
PART HHH
Section 1. Section 60.35 of the penal law, as amended by section 1 of
part E of chapter 56 of the laws of 2004, subparagraphs (i), (ii) and
(iii) of paragraph (a) of subdivision 1 as amended by section 1 of part
DD of chapter 56 of the laws of 2008, paragraph (b) of subdivision 1 as
amended by chapter 320 of the laws of 2006, subdivision 4 as amended by
chapter 525 of the laws of 2013, subdivision 5 as amended by chapter 322
of the laws of 2021, and subdivision 8 as amended by section 121 of
subpart B of part C of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 60.35 Mandatory FELONY surcharge, sex offender registration fee, DNA
databank fee, supplemental sex offender victim fee and crime
victim assistance fee required in certain cases.
1. (a) Except as provided in section eighteen hundred nine of the
vehicle and traffic law and section 27.12 of the parks, recreation and
historic preservation law, whenever proceedings in an administrative
tribunal or a court of this state result in a conviction for a felony, a
misdemeanor, or a violation, as these terms are defined in section 10.00
of this chapter, there shall be levied at sentencing a [mandatory
surcharge,] sex offender registration fee, DNA databank fee [and], a
crime victim assistance fee, AND A MANDATORY SURCHARGE in addition to
any sentence required or permitted by law, PROVIDED THAT THERE SHALL BE
NO MANDATORY SURCHARGE LEVIED IN A CONVICTION FOR A MISDEMEANOR OR
VIOLATION. MANDATORY SURCHARGES SHALL BE LEVIED in accordance with the
following schedule:
(i) a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars and a crime victim assistance fee of twenty-five
dollars;
(ii) a person convicted of a misdemeanor shall pay [a mandatory
surcharge of one hundred seventy-five dollars and] a crime victim
assistance fee of twenty-five dollars;
(iii) a person convicted of a violation shall pay [a mandatory
surcharge of ninety-five dollars and] a crime victim assistance fee of
twenty-five dollars;
(iv) a person convicted of a sex offense as defined by subdivision two
of section one hundred sixty-eight-a of the correction law or a sexually
violent offense as defined by subdivision three of section one hundred
sixty-eight-a of the correction law shall, in addition to a mandatory
FELONY surcharge and A crime victim assistance fee, pay a sex offender
registration fee of fifty dollars[.]; AND
(v) a person convicted of a designated offense as defined by subdivi-
sion seven of section nine hundred ninety-five of the executive law
shall, in addition to a mandatory FELONY surcharge and A crime victim
assistance fee, pay a DNA databank fee of fifty dollars.
(b) When the felony or misdemeanor conviction in subparagraphs (i),
(ii) or (iv) of paragraph (a) of this subdivision results from an
offense contained in article one hundred thirty of this chapter, incest
in the third, second or first degree as defined in sections 255.25,
255.26 and 255.27 of this chapter or an offense contained in article two
hundred sixty-three of this chapter, the person convicted shall pay a
S. 8305--B 194
supplemental sex offender victim fee of one thousand dollars in addition
to the mandatory FELONY surcharge and any other fee.
2. Where a person is convicted of two or more crimes or violations
committed through a single act or omission, or through an act or omis-
sion which in itself constituted one of the crimes or violations and
also was a material element of the other, the court shall impose a
mandatory FELONY surcharge and a crime victim assistance fee, and where
appropriate a supplemental sex offender victim fee, in accordance with
the provisions of this section for the crime or violation which carries
the highest classification, and no other sentence to pay a mandatory
FELONY surcharge, crime victim assistance fee or supplemental sex offen-
der victim fee required by this section shall be imposed. Where a person
is convicted of two or more sex offenses or sexually violent offenses,
as defined by subdivisions two and three of section one hundred sixty-
eight-a of the correction law, committed through a single act or omis-
sion, or through an act or omission which in itself constituted one of
the offenses and also was a material element of the other, the court
shall impose only one sex offender registration fee. Where a person is
convicted of two or more designated offenses, as defined by subdivision
seven of section nine hundred ninety-five of the executive law, commit-
ted through a single act or omission, or through an act or omission
which in itself constituted one of the offenses and also was a material
element of the other, the court shall impose only one DNA databank fee.
3. The mandatory FELONY surcharge, sex offender registration fee, DNA
databank fee, crime victim assistance fee, and supplemental sex offender
victim fee provided for in subdivision one of this section shall be paid
to the clerk of the court or administrative tribunal that rendered the
conviction. Within the first ten days of the month following collection
of the mandatory surcharge, crime victim assistance fee, and supple-
mental sex offender victim fee, the collecting authority shall determine
the amount of mandatory surcharge, crime victim assistance fee, and
supplemental sex offender victim fee collected and, if it is an adminis-
trative tribunal, or a town or village justice court, it shall then pay
such money to the state comptroller who shall deposit such money in the
state treasury pursuant to section one hundred twenty-one of the state
finance law to the credit of the criminal justice improvement account
established by section ninety-seven-bb of the state finance law. Within
the first ten days of the month following collection of the sex offender
registration fee and DNA databank fee, the collecting authority shall
determine the amount of the sex offender registration fee and DNA data-
bank fee collected and, if it is an administrative tribunal, or a town
or village justice court, it shall then pay such money to the state
comptroller who shall deposit such money in the state treasury pursuant
to section one hundred twenty-one of the state finance law to the credit
of the general fund. If such collecting authority is any other court of
the unified court system, it shall, within such period, pay such money
attributable to the mandatory surcharge or crime victim assistance fee
to the state commissioner of taxation and finance to the credit of the
criminal justice improvement account established by section ninety-sev-
en-bb of the state finance law. If such collecting authority is any
other court of the unified court system, it shall, within such period,
pay such money attributable to the sex offender registration fee and the
DNA databank fee to the state commissioner of taxation and finance to
the credit of the general fund.
4. Any person who has paid a mandatory surcharge, sex offender regis-
tration fee, DNA databank fee, a crime victim assistance fee or a
S. 8305--B 195
supplemental sex offender victim fee under the authority of this section
based upon a conviction that is subsequently reversed or who paid a
mandatory surcharge, sex offender registration fee, DNA databank fee, a
crime victim assistance fee or supplemental sex offender victim fee
under the authority of this section which is ultimately determined not
to be required by this section shall be entitled to a refund of such
mandatory surcharge, sex offender registration fee, DNA databank fee,
crime victim assistance fee or supplemental sex offender victim fee upon
application, in the case of a town or village court, to the state comp-
troller. The state comptroller shall require such proof as is necessary
in order to determine whether a refund is required by law. In all other
cases, such application shall be made to the department, agency or court
that collected such surcharge or fee. Such department, agency or court
shall initiate the refund process and the state comptroller shall pay
the refund pursuant to subdivision fifteen of section eight of the state
finance law.
5. When a person who is convicted of a crime or violation and
sentenced to a term of imprisonment has failed to pay the mandatory
FELONY surcharge, sex offender registration fee, DNA databank fee, crime
victim assistance fee or supplemental sex offender victim fee required
by this section, the clerk of the court that rendered the conviction
shall notify the superintendent or the municipal official of the facili-
ty where the person is confined. The superintendent or the municipal
official shall cause any amount owing to be collected from such person
during his or her term of imprisonment from moneys to the credit of an
incarcerated individuals' fund or such moneys as may be earned by a
person in a work release program pursuant to section eight hundred sixty
of the correction law. Such moneys attributable to the mandatory FELONY
surcharge or crime victim assistance fee shall be paid over to the state
comptroller to the credit of the criminal justice improvement account
established by section ninety-seven-bb of the state finance law and such
moneys attributable to the sex offender registration fee or DNA databank
fee shall be paid over to the state comptroller to the credit of the
general fund, except that any such moneys collected which are
surcharges, sex offender registration fees, DNA databank fees, crime
victim assistance fees or supplemental sex offender victim fees levied
in relation to convictions obtained in a town or village justice court
shall be paid within thirty days after the receipt thereof by the super-
intendent or municipal official of the facility to the justice of the
court in which the conviction was obtained. For the purposes of collect-
ing such mandatory FELONY surcharge, sex offender registration fee, DNA
databank fee, crime victim assistance fee and supplemental sex offender
victim fee, the state shall be legally entitled to the money to the
credit of an incarcerated individuals' fund or money which is earned by
an incarcerated individual in a work release program. For purposes of
this subdivision, the term "incarcerated individuals' fund" shall mean
moneys in the possession of an incarcerated individual at the time of
his or her admission into such facility, funds earned by him or her as
provided for in section one hundred eighty-seven of the correction law
and any other funds received by him or her or on his or her behalf and
deposited with such superintendent or municipal official.
6. Notwithstanding any other provision of this section, where a person
has made restitution or reparation pursuant to section 60.27 of this
article, such person shall not be required to pay a mandatory FELONY
surcharge or a crime victim assistance fee.
S. 8305--B 196
7. Notwithstanding the provisions of subdivision one of section 60.00
of this article, the provisions of subdivision one of this section shall
not apply to a violation under any law other than this chapter.
8. Subdivision one of section 130.10 of the criminal procedure law
notwithstanding, at the time that [the] A mandatory FELONY surcharge,
sex offender registration fee or DNA databank fee, crime victim assist-
ance fee or supplemental sex offender victim fee is imposed a town or
village court may, and all other courts shall, issue and cause to be
served upon the person required to pay [the] A mandatory FELONY
surcharge, sex offender registration fee or DNA databank fee, crime
victim assistance fee or supplemental sex offender victim fee, a summons
directing that such person appear before the court regarding the payment
of [the] A mandatory FELONY surcharge, sex offender registration fee or
DNA databank fee, crime victim assistance fee or supplemental sex offen-
der victim fee, if after sixty days from the date it was imposed it
remains unpaid. The designated date of appearance on the summons shall
be set for the first day court is in session falling after the sixtieth
day from the imposition of [the] A mandatory FELONY surcharge, sex
offender registration fee or DNA databank fee, crime victim assistance
fee or supplemental sex offender victim fee. The summons shall contain
the information required by subdivision two of section 130.10 of the
criminal procedure law except that in substitution for the requirement
of paragraph (c) of such subdivision the summons shall state that the
person served must appear at a date, time and specific location speci-
fied in the summons if after sixty days from the date of issuance [the]
A mandatory FELONY surcharge, sex offender registration fee or DNA data-
bank fee, crime victim assistance fee or supplemental sex offender
victim fee remains unpaid. The court shall not issue a summons under
this subdivision to a person who is being sentenced to a term of
confinement in excess of sixty days in jail or in the department of
corrections and community supervision. [The mandatory] MANDATORY
surcharges, sex offender registration [fee] FEES and DNA databank fees,
crime victim assistance fees and supplemental sex offender victim fees
for those persons shall be governed by the provisions of section 60.30
of this article.
9. Notwithstanding the provisions of subdivision one of this section,
in the event a proceeding is in a town or village court, such court
shall add an additional five dollars to the surcharges imposed by such
subdivision one.
10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COURT IN ITS DISCRETION, MAY REDUCE OR WAIVE ANY FINE OR FEE IMPOSED
UPON AN INDIGENT PERSON, PURSUANT TO SUCH PERSON'S CONVICTION, IF (I)
SUCH PERSON, BEING FINANCIALLY UNABLE TO OBTAIN OR AFFORD COUNSEL, IS
ENTITLED TO REPRESENTATION PURSUANT TO SECTION SEVEN HUNDRED TWENTY-TWO
OF THE COUNTY LAW OR (II) THE COURT DETERMINES SUCH FINE OR FEE SHOULD
OTHERWISE BE WAIVED IN THE INTEREST OF JUSTICE.
IN DETERMINING WHETHER TO REDUCE OR WAIVE ANY FINE OR FEE IMPOSED ON
AN INDIGENT DEFENDANT, THE COURT MAY CONSIDER THE TOTALITY OF THE
DEFENDANT'S CIRCUMSTANCES INCLUDING:
(A) THE DEFENDANT'S INCOME AND FINANCIAL RESOURCES;
(B) THE DEFENDANT'S DEBT AND FINANCIAL OBLIGATIONS;
(C) WHETHER THE IMPOSITION OF SUCH FINE OR FEE WOULD CAUSE AN UNREA-
SONABLE HARDSHIP ON THE DEFENDANT, SUCH DEFENDANT'S IMMEDIATE FAMILY, OR
ANY OTHER PERSON WHO IS DEPENDENT ON SUCH DEFENDANT FOR FINANCIAL
SUPPORT; AND
S. 8305--B 197
(D) ANY ADDITIONAL INFORMATION RELATED TO THE DEFENDANT'S CIRCUM-
STANCES THAT THE COURT MAY DEEM RELEVANT OR NECESSARY IN COMING TO A
DETERMINATION TO REDUCE OR WAIVE SUCH FINE OR FEE.
§ 2. Paragraphs (a) and (b) of subdivision 1 of section 1809 of the
vehicle and traffic law, as amended by section 2 of part DD of chapter
56 of the laws of 2008, are amended to read as follows:
(a) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a traffic infraction pursuant to
article nine of this chapter, there shall be levied a crime victim
assistance fee in the amount of five dollars [and a mandatory
surcharge,] in addition to any sentence required or permitted by law[,
in the amount of twenty-five dollars].
(b) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a misdemeanor or felony pursuant
to section eleven hundred ninety-two of this chapter, there shall be
levied, in addition to any sentence required or permitted by law, a
crime victim assistance fee in the amount of twenty-five dollars and [a
mandatory surcharge in accordance with the following schedule:
(i)] a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars[;
(ii) a person convicted of a misdemeanor shall pay a mandatory
surcharge of one hundred seventy-five dollars].
§ 2-a. Paragraphs (a) and (b) of subdivision 1 of section 1809 of the
vehicle and traffic law, as separately amended by section 8-b of chapter
421, section 8-b of chapter 460, and section 8-b of chapter 773 of the
laws of 2021, are amended to read as follows:
(a) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a traffic infraction pursuant to
article nine of this chapter, there shall be levied a crime victim
assistance fee in the amount of five dollars [and a mandatory
surcharge,] in addition to any sentence required or permitted by law[,
in the amount of twenty-five dollars].
(b) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a misdemeanor or felony pursuant
to section eleven hundred ninety-two of this chapter, there shall be
levied, in addition to any sentence required or permitted by law, a
crime victim assistance fee in the amount of twenty-five dollars and [a
mandatory surcharge in accordance with the following schedule:
(i)] a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars[;
(ii) a person convicted of a misdemeanor shall pay a mandatory
surcharge of one hundred seventy-five dollars].
§ 3. Subdivision 2 of section 1809 of the vehicle and traffic law, as
amended by section 6 of part C of chapter 55 of the laws of 2013, is
amended to read as follows:
2. Where a person is convicted of two or more such crimes or traffic
infractions committed through a single act or omission, or through an
act or omission which in itself constituted one of the crimes or traffic
infractions and also was a material element of the other, the court or
administrative tribunal shall impose a crime victim assistance fee and a
mandatory surcharge mandated by subdivision one of this section for each
such conviction; provided however, that [in] THERE SHALL BE NO MANDATORY
SURCHARGE LEVIED FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER, A TRAFFIC
INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER, OR A LOCAL LAW,
ORDINANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER, OR A
TRAFFIC INFRACTION INVOLVING STANDING, STOPPING, OR PARKING OR
S. 8305--B 198
VIOLATIONS BY PEDESTRIANS OR BICYCLISTS AND EXCEPT AS OTHERWISE PROVIDED
BY SUBDIVISION ONE-A OF THIS SECTION. IN no event shall the total amount
of such crime victim assistance fees and mandatory surcharges imposed
pursuant to paragraph (a) or (c) of subdivision one of this section
exceed one hundred ninety-six dollars.
§ 3-a. Subdivision 2 of section 1809 of the vehicle and traffic law,
as amended by chapter 945 of the laws of 1983, is amended to read as
follows:
2. Where a person is convicted of two or more such crimes or traffic
infractions committed through a single act or omission, or through an
act or omission which in itself constituted one of the crimes or traffic
infractions and also was a material element of the other, the court or
administrative tribunal shall impose [only one] A CRIME VICTIM ASSIST-
ANCE FEE AND A mandatory surcharge mandated by subdivision one of this
section FOR EACH SUCH CONVICTION; PROVIDED, HOWEVER, THAT THERE SHALL BE
NO MANDATORY SURCHARGE LEVIED FOR A TRAFFIC INFRACTION UNDER THIS CHAP-
TER, A TRAFFIC INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER, OR A
LOCAL LAW, ORDINANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAP-
TER, OR A TRAFFIC INFRACTION INVOLVING STANDING, STOPPING, OR PARKING OR
VIOLATIONS BY PEDESTRIANS OR BICYCLISTS AND EXCEPT AS OTHERWISE PROVIDED
BY SUBDIVISION ONE-A OF THIS SECTION. IN NO EVENT SHALL THE TOTAL AMOUNT
OF SUCH CRIME VICTIM ASSISTANCE FEES AND MANDATORY SURCHARGES IMPOSED
PURSUANT TO PARAGRAPH (A) OR (C) OF SUBDIVISION ONE OF THIS SECTION
EXCEED ONE HUNDRED NINETY-SIX DOLLARS.
§ 4. Subdivisions 3, 5-a, and 10 of section 1809 of the vehicle and
traffic law, subdivision 3 as amended by chapter 536 of the laws of
2021, subdivision 5-a as amended by chapter 55 of the laws of 1992, and
subdivision 10 as added by section 3 of part F of chapter 56 of the laws
of 2004, are amended and a new subdivision 11 is added to read as
follows:
3. The mandatory FELONY surcharge provided for in subdivision one of
this section shall be paid to the clerk of the court or administrative
tribunal that rendered the conviction. Within the first ten days of the
month following collection of the mandatory FELONY surcharge the
collecting authority shall determine the amount of mandatory surcharge
collected and, if it is an administrative tribunal or a town or village
justice court, it shall pay such money to the state comptroller who
shall deposit such money in the state treasury pursuant to section one
hundred twenty-one of the state finance law to the credit of the general
fund[; provided, however, that the comptroller shall deposit such money
collected for violations of section eleven hundred seventy-four of this
chapter to the credit of the school bus motorist education fund estab-
lished pursuant to section eighty-nine-j of the state finance law. If
such collecting authority is any other court of the unified court
system, it shall, within such period, pay such money to the state
commissioner of taxation and finance to the credit of the criminal
justice improvement account established by section ninety-seven-bb of
the state finance law; provided, however, that the state commissioner of
taxation and finance shall deposit such money collected for violations
of section eleven hundred seventy-four of this chapter to the credit of
the school bus motorist education fund established pursuant to section
eighty-nine-j of the state finance law]. The crime victim assistance fee
provided for in subdivision one of this section shall be paid to the
clerk of the court or administrative tribunal that rendered the
conviction. Within the first ten days of the month following collection
of the crime victim assistance fee, the collecting authority shall
S. 8305--B 199
determine the amount of crime victim assistance fee collected and, if it
is an administrative tribunal or a town or village justice court, it
shall pay such money to the state comptroller who shall deposit such
money in the state treasury pursuant to section one hundred twenty-one
of the state finance law to the credit of the criminal justice improve-
ment account established by section ninety-seven-bb of the state finance
law.
5-a. The provisions of subdivision four-a of section five hundred ten,
subdivision three of section five hundred fourteen and subdivision three
of section two hundred twenty-seven of this chapter governing actions
which may be taken for failure to pay a fine or penalty shall be appli-
cable to a mandatory FELONY surcharge or crime victim assistance fee
imposed pursuant to this section.
10. For the purposes of this section, the term conviction means and
includes the conviction of a felony or a misdemeanor for which a youth-
ful offender finding was substituted and upon such a finding there shall
be levied: (A) a mandatory surcharge, EXCEPT THAT THERE SHALL BE NO
MANDATORY SURCHARGE LEVIED IN A CONVICTION FOR A MISDEMEANOR; and (B) a
crime victim assistance fee. SUCH SURCHARGE AND FEE SHALL BE LEVIED to
the same extent and in the same manner and amount provided by this
section for conviction of the felony or misdemeanor, as the case may be,
for which such youthful offender finding was substituted.
11. NOTWITHSTANDING ANY OTHER PROVISION OR LAW TO THE CONTRARY, THE
COURT IN ITS DISCRETION, MAY REDUCE OR WAIVE ANY FINE OR FEE IMPOSED
UPON AN INDIGENT PERSON, PURSUANT TO SUCH PERSON'S CONVICTION, IF (I)
SUCH PERSON, BEING FINANCIALLY UNABLE TO OBTAIN OR AFFORD COUNSEL, IS
ENTITLED TO REPRESENTATION PURSUANT TO SECTION SEVEN HUNDRED TWENTY-TWO
OF THE COUNTY LAW OR (II) THE COURT DETERMINES SUCH FINE OR FEE SHOULD
OTHERWISE BE WAIVED IN THE INTEREST OF JUSTICE.
IN DETERMINING WHETHER TO REDUCE OR WAIVE ANY FINE OR FEE IMPOSED ON
AN INDIGENT DEFENDANT, THE COURT MAY CONSIDER THE TOTALITY OF THE
DEFENDANT'S CIRCUMSTANCES INCLUDING:
(A) THE DEFENDANT'S INCOME AND FINANCIAL RESOURCES;
(B) THE DEFENDANT'S DEBT AND FINANCIAL OBLIGATIONS;
(C) WHETHER THE IMPOSITION OF SUCH FINE OR FEE WOULD CAUSE AN UNREA-
SONABLE HARDSHIP ON THE DEFENDANT, SUCH DEFENDANT'S IMMEDIATE FAMILY, OR
ANY OTHER PERSON WHO IS DEPENDENT ON SUCH DEFENDANT FOR FINANCIAL
SUPPORT; AND
(D) ANY ADDITIONAL INFORMATION RELATED TO THE DEFENDANT'S CIRCUM-
STANCES THAT THE COURT MAY DEEM RELEVANT OR NECESSARY IN COMING TO A
DETERMINATION TO REDUCE OR WAIVE SUCH FINE OR FEE.
§ 5. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by chapter 322 of the laws of 2021, subparagraph (i) as
amended by chapter 486 of the laws of 2022, is amended to read as
follows:
(a) (i) Except as provided in subparagraph (ii) of this paragraph, at
least one month prior to the date on which an incarcerated individual
may be paroled pursuant to subdivision one of section 70.40 of the penal
law, a member or members as determined by the rules of the board shall
personally interview such incarcerated individual and determine whether
he or she should be paroled in accordance with the guidelines adopted
pursuant to subdivision four of section two hundred fifty-nine-c of this
article. If parole is not granted upon such review, the incarcerated
individual shall be informed in writing within two weeks of such appear-
ance of the factors and reasons for such denial of parole. Such reasons
shall be given in detail and not in conclusory terms. The board shall
S. 8305--B 200
specify a date not more than twenty-four months from such determination
for reconsideration, and the procedures to be followed upon reconsider-
ation shall be the same. If the incarcerated individual is released, he
or she shall be given a copy of the conditions of parole. Such condi-
tions shall where appropriate, include a requirement that the parolee
comply with any restitution order, mandatory FELONY surcharge, sex
offender registration fee and DNA databank fee previously imposed by a
court of competent jurisdiction that applies to the parolee. The condi-
tions shall indicate which restitution collection agency established
under subdivision eight of section 420.10 of the criminal procedure law,
shall be responsible for collection of restitution, mandatory FELONY
surcharge, sex offender registration fees and DNA databank fees as
provided for in section 60.35 of the penal law and section eighteen
hundred nine of the vehicle and traffic law. If the incarcerated indi-
vidual is released, he or she shall also be notified in writing that his
or her voting rights will be restored upon release.
(ii) Any incarcerated individual who is scheduled for presumptive
release pursuant to section eight hundred six of the correction law
shall not appear before the board as provided in subparagraph (i) of
this paragraph unless such incarcerated individual's scheduled presump-
tive release is forfeited, canceled, or rescinded subsequently as
provided in such law. In such event, the incarcerated individual shall
appear before the board for release consideration as provided in subpar-
agraph (i) of this paragraph as soon thereafter as is practicable.
§ 5-a. Paragraph (a) of subdivision 2 of section 259-i of the execu-
tive law, as amended by chapter 486 of the laws of 2022, is amended to
read as follows:
(a) At least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court or board, a member or
members as determined by the rules of the board shall personally inter-
view an incarcerated individual serving an indeterminate sentence and
determine whether he or she should be paroled at the expiration of the
minimum period or periods in accordance with the procedures adopted
pursuant to subdivision four of section two hundred fifty-nine-c of this
article. If parole is not granted upon such review, the incarcerated
individual shall be informed in writing within two weeks of such appear-
ance of the factors and reasons for such denial of parole. Such reasons
shall be given in detail and not in conclusory terms. The board shall
specify a date not more than twenty-four months from such determination
for reconsideration, and the procedures to be followed upon reconsider-
ation shall be the same. If the incarcerated individual is released, he
or she shall be given a copy of the conditions of parole. Such condi-
tions shall where appropriate, include a requirement that the parolee
comply with any restitution order and mandatory FELONY surcharge previ-
ously imposed by a court of competent jurisdiction that applies to the
parolee. The conditions shall indicate which restitution collection
agency established under subdivision eight of section 420.10 of the
criminal procedure law, shall be responsible for collection of restitu-
tion and mandatory FELONY surcharge as provided for in section 60.35 of
the penal law and section eighteen hundred nine of the vehicle and traf-
fic law. If the incarcerated individual is released, he or she shall
also be notified in writing that his or her voting rights will be
restored upon release.
§ 6. Paragraph (a) of subdivision 2 of section 205 of the correction
law, as amended by chapter 491 of the laws of 2021, is amended to read
as follows:
S. 8305--B 201
(a) A merit termination granted by the department under this section
shall constitute a termination of the sentence with respect to which it
was granted. No such merit termination shall be granted unless the
department is satisfied that termination of sentence from presumptive
release, parole, conditional release or post-release supervision is in
the best interest of society, and that the parolee or releasee, other-
wise financially able to comply with an order of restitution and the
payment of any mandatory FELONY surcharge previously imposed by a court
of competent jurisdiction, has made a good faith effort to comply there-
with.
§ 7. Subdivisions 1 and 3 of section 259-j of the executive law, as
amended by section 38-g of subpart A of part C of chapter 62 of the laws
of 2011, are amended to read as follows:
1. Except where a determinate sentence was imposed for a felony other
than a felony defined in article two hundred twenty [or article two
hundred twenty-one] of the penal law, if the board of parole is satis-
fied that an absolute discharge from presumptive release, parole, condi-
tional release or release to a period of post-release supervision is in
the best interests of society, the board may grant such a discharge
prior to the expiration of the full term or maximum term to any person
who has been on unrevoked community supervision for at least three
consecutive years. A discharge granted under this section shall consti-
tute a termination of the sentence with respect to which it was granted.
No such discharge shall be granted unless the board is satisfied that
the parolee or releasee, otherwise financially able to comply with an
order of restitution and the payment of any mandatory FELONY surcharge,
sex offender registration fee or DNA databank fee previously imposed by
a court of competent jurisdiction, has made a good faith effort to
comply therewith.
3. Notwithstanding any other provision of this section to the contra-
ry, where a term of post-release supervision in excess of five years has
been imposed on a person convicted of a crime defined in article one
hundred thirty of the penal law, including a sexually motivated felony,
the board of parole may grant a discharge from post-release supervision
prior to the expiration of the maximum term of post-release supervision.
Such a discharge may be granted only after the person has served at
least five years of post-release supervision, and only to a person who
has been on unrevoked post-release supervision for at least three
consecutive years. No such discharge shall be granted unless the board
of parole or the department acting pursuant to its responsibility under
subdivision one of section two hundred one of the correction law
consults with any licensed psychologist, qualified psychiatrist, or
other mental health professional who is providing care or treatment to
the supervisee; and the board: (a) determines that a discharge from
post-release supervision is in the best interests of society; and (b) is
satisfied that the supervisee, otherwise financially able to comply with
an order of restitution and the payment of any mandatory FELONY
surcharge, sex offender registration fee, or DNA data bank fee previous-
ly imposed by a court of competent jurisdiction, has made a good faith
effort to comply therewith. Before making a determination to discharge a
person from a period of post-release supervision, the board of parole
may request that the commissioner of the office of mental health arrange
a psychiatric evaluation of the supervisee. A discharge granted under
this section shall constitute a termination of the sentence with respect
to which it was granted.
S. 8305--B 202
§ 8. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section
503 of the vehicle and traffic law, as amended by section 3 of part PP
of chapter 59 of the laws of 2009, is amended to read as follows:
(i) When a license issued pursuant to this article, or a privilege of
operating a motor vehicle or of obtaining such a license, has been
suspended based upon a failure to answer an appearance ticket or a
summons or failure to pay a fine, penalty or mandatory FELONY surcharge,
pursuant to subdivision three of section two hundred twenty-six, subdi-
vision four of section two hundred twenty-seven, subdivision four-a of
section five hundred ten or subdivision five-a of section eighteen
hundred nine of this chapter, such suspension shall remain in effect
until a termination of a suspension fee of seventy dollars is paid to
the court or tribunal that initiated the suspension of such license or
privilege. In no event may the aggregate of the fees imposed by an indi-
vidual court pursuant to this paragraph for the termination of all
suspensions that may be terminated as a result of a person's answers,
appearances or payments made in such cases pending before such individ-
ual court exceed four hundred dollars. For the purposes of this para-
graph, the various locations of the administrative tribunal established
under article two-A of this chapter shall be considered an individual
court.
§ 9. Section 4-411 of the village law, as amended by section 12 of
part F of chapter 62 of the laws of 2003, is amended to read as follows:
§ 4-411 Disposition of fines and penalties. Except as otherwise
provided by law, all fines and penalties imposed for the violation of a
village local law, ordinance or regulation shall be the property of the
village, whether or not the village has established the office of
village justice. Nothing in this section shall be deemed to affect the
disposition of mandatory FELONY surcharges, sex offender registration
fees, DNA databank fees or crime victim assistance fees as provided by
section 60.35 of the penal law, or of mandatory surcharges as provided
by section eighteen hundred nine of the vehicle and traffic law, or of
fines, penalties and forfeitures as provided by section eighteen hundred
three of the vehicle and traffic law relating to traffic offenses.
§ 10. Subdivision 2 of section 837-i of the executive law, as added by
chapter 166 of the laws of 1991, is amended to read as follows:
2. The commissioner in consultation with the chief executive officers
of cities with a population in excess of one hundred thousand persons
according to the nineteen hundred eighty United States census shall
establish a system to record and monitor the issuance and disposition of
parking tickets[, to monitor the collection of the mandatory surcharge
required by section eighteen hundred nine-a of the vehicle and traffic
law] and to receive information from cities for this purpose. Each such
city shall report on such parking violations on a monthly basis in the
form and manner prescribed by the commissioner including, but not limit-
ed to, the parking tickets issued, the dispositions of such tickets and
the amount of fines, penalties and mandatory FELONY surcharges
collected. The commissioner shall collect, process and analyze such
information and present periodic reports on the parking violations
enforcement and disposition program.
§ 11. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of
section 235 of the vehicle and traffic law, as separately added by chap-
ters 421, 460 and 773 of the laws of 2021, is amended to read as
follows:
(E) that submission of a plea of guilty to the parking violation makes
the owner liable for payment of the stated fine and additional penalties
S. 8305--B 203
imposed pursuant to paragraph b of this subdivision [and the mandatory
surcharge of fifteen dollars imposed upon parking violations pursuant to
section eighteen hundred nine-a of this chapter].
§ 12. Subdivision 4 of section 1203-g of the vehicle and traffic law,
as added by chapter 497 of the laws of 1999, is amended to read as
follows:
4. Every county and the city of New York that establishes a hand-
icapped parking education program shall establish a separate handicapped
parking education fund in the custody of the chief fiscal officer of
each such county or city, by April first, two thousand[, which shall
consist of moneys granted to such county or city pursuant to section
eighteen hundred nine-b of this chapter]. No provision of law shall be
deemed to preclude a county or the city of New York from receiving funds
from other sources to be deposited in the handicapped parking education
fund, provided such funds are used in a manner and for purposes consist-
ent with this section. The moneys of such fund shall be disbursed to
provide education, advocacy and increased awareness of handicapped park-
ing laws and may be used to execute contracts with private organizations
for such purposes. Such contracts shall be awarded upon competitive bids
after the issuance of requests for proposal.
§ 13. Subdivision 2 of section 99-n of the state finance law, as added
by chapter 223 of the laws of 2005, is amended to read as follows:
2. The fund shall consist of all monies appropriated for its purpose
AND, all monies required by this section or any other provision of law
to be paid into or credited to such fund[, collected by the mandatory
surcharges imposed pursuant to subdivision one of section eighteen
hundred nine-d of the vehicle and traffic law]. Nothing contained in
this section shall prevent the department of motor vehicles from receiv-
ing grants or other appropriations for the purposes of the fund as
defined in this section and depositing them into the fund according to
law.
§ 14. Subdivision 20-a of section 385 of the vehicle and traffic law,
as amended by chapter 696 of the laws of 1990, is amended to read as
follows:
20-a. If a vehicle or combination of vehicles is operated in violation
of this section, an appearance ticket or summons may be issued to the
registrant of the vehicle, or if a combination of vehicles, to the
registrant of the hauling vehicle rather than the operator. In the event
the vehicle is operated by a person other than the registrant, any
appearance ticket or summons issued to the registrant shall be served
upon the operator, who shall be deemed the agent of the registrant for
the purpose of receiving such appearance ticket or summons. Such opera-
tor-agent shall transmit such ticket or summons to the registrant of the
vehicle or the hauling vehicle. If the registrant does not appear on the
return date, a notice establishing a new return date and either contain-
ing all pertinent information relating to the charge which is contained
on the summons or appearance ticket or accompanied by a copy of the
information or complaint shall also be mailed by certified or registered
mail by or on behalf of the court or administrative tribunal before whom
the appearance ticket or summons is returnable to the registrant at the
address given on the registration certificate for the vehicle, or if no
registration certificate is produced at the time the appearance ticket
or summons is issued, to the address of the registrant on file with the
department or given to the person issuing the appearance ticket or
summons. [Whenever proceedings in a court or administrative tribunal of
this state result in a conviction for a violation of this section, and
S. 8305--B 204
the court or administrative tribunal has made the mailing specified
herein, the court or administrative tribunal shall levy a mandatory
surcharge, in addition to any sentence or other surcharge required or
permitted by law, in the amount of thirty dollars. This mandatory
surcharge shall be paid to the clerk of the court or administrative
tribunal that rendered the conviction. Within the first ten days of the
month following collection of the mandatory surcharge by a town or
village court, the court shall pay such money to the state comptroller
who shall, pursuant to subdivision two of section ninety-nine-a of the
state finance law, credit such money to the account of the town or
village which sent the mandatory surcharge. If such collecting authority
is any other court of the unified system or administrative tribunal it
shall, within such period, pay such money to the state comptroller who
shall deposit such money into the state treasury.] The provisions of
this subdivision shall not apply to owner-operators of any motor vehicle
or to any motor vehicle or trailer which is registered in the name of a
person whose principal business is the lease or rental of motor vehicles
or trailers unless the motor vehicle or trailer is being operated by an
employee of the registrant or for a community of interest other than the
lease or rental agreement between the parties to the lease or rental
agreement.
§ 15. Subdivision 19-a of section 401 of the vehicle and traffic law,
as amended by chapter 696 of the laws of 1990, is amended to read as
follows:
19-a. If a vehicle or combination of vehicles is operated in violation
of this section, an appearance ticket or summons may be issued to the
registrant of the vehicle, or if a combination of vehicles, to the
registrant of the hauling vehicle rather than the operator. In the event
the vehicle is operated by a person other than the registrant, any
appearance ticket or summons issued to the registrant shall be served
upon the operator, who shall be deemed the agent of the registrant for
the purpose of receiving such appearance ticket or summons. Such opera-
tor-agent shall transmit such ticket or summons to the registrant of the
vehicle or the hauling vehicle. If the registrant does not appear on the
return date, a notice establishing a new return date and either contain-
ing all pertinent information relating to the charge which is contained
on the summons or appearance ticket or accompanied by a copy of the
information or complaint shall also be mailed by certified or registered
mail by or on behalf of the court or administrative tribunal before whom
the appearance ticket or summons is returnable to the registrant at the
address given on the registration certificate for the vehicle, or if no
registration certificate is produced at the time the appearance ticket
or summons is issued, to the address of the registrant on file with the
department or given to the person issuing the appearance ticket or
summons. [Whenever proceedings in a court or administrative tribunal of
this state result in a conviction for a violation of this section, and
the court or administrative tribunal has made the mailing specified
herein, the court or administrative tribunal shall levy a mandatory
surcharge, in addition to any sentence or other surcharge required or
permitted by law, in the amount of thirty dollars. This mandatory
surcharge shall be paid to the clerk of the court or administrative
tribunal that rendered the conviction. Within the first ten days of the
month following collection of the mandatory surcharge by a town or
village court, the court shall pay such money to the state comptroller
who shall, pursuant to subdivision two of section ninety-nine-a of the
state finance law, credit such money to the account of the town or
S. 8305--B 205
village which sent the mandatory surcharge. If such collecting authority
is any other court of the unified system or administrative tribunal it
shall, within such period, pay such money to the state comptroller who
shall deposit such money into the state treasury.] The provisions of
this subdivision shall not apply to owner-operators of any motor vehicle
or to any motor vehicle or trailer which is registered in the name of a
person whose principal business is the lease or rental of motor vehicles
or trailers unless the motor vehicle or trailer is being operated by an
employee of the registrant or for a community of interest other than the
lease or rental agreement between the parties to the lease or rental
agreement.
§ 16. Section 80.05 of the penal law is amended by adding a new subdi-
vision 7 to read as follows:
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COURT IN ITS DISCRETION, MAY REDUCE OR WAIVE ANY FINE OR FEE IMPOSED
UPON AN INDIGENT PERSON, PURSUANT TO SUCH PERSON'S CONVICTION, IF (I)
SUCH PERSON, BEING FINANCIALLY UNABLE TO OBTAIN OR AFFORD COUNSEL, IS
ENTITLED TO REPRESENTATION PURSUANT TO SECTION SEVEN HUNDRED TWENTY-TWO
OF THE COUNTY LAW OR (II) THE COURT DETERMINES SUCH FINE OR FEE SHOULD
OTHERWISE BE WAIVED IN THE INTEREST OF JUSTICE.
IN DETERMINING WHETHER TO REDUCE OR WAIVE ANY FINE OR FEE IMPOSED ON
AN INDIGENT DEFENDANT, THE COURT MAY CONSIDER THE TOTALITY OF THE
DEFENDANT'S CIRCUMSTANCES INCLUDING:
(A) THE DEFENDANT'S INCOME AND FINANCIAL RESOURCES;
(B) THE DEFENDANT'S DEBT AND FINANCIAL OBLIGATIONS;
(C) WHETHER THE IMPOSITION OF SUCH FINE OR FEE WOULD CAUSE AN UNREA-
SONABLE HARDSHIP ON THE DEFENDANT, HIS OR HER IMMEDIATE FAMILY, OR ANY
OTHER PERSON WHO IS DEPENDENT ON SUCH DEFENDANT FOR FINANCIAL SUPPORT;
AND
(D) ANY ADDITIONAL INFORMATION RELATED TO THE DEFENDANT'S CIRCUM-
STANCES THAT THE COURT MAY DEEM RELEVANT OR NECESSARY IN COMING TO A
DETERMINATION TO REDUCE OR WAIVE SUCH FINE OR FEE.
§ 17. The vehicle and traffic law is amended by adding a new section
1811 to read as follows:
§ 1811. DISCRETIONARY REDUCTION OR WAIVER OF FINES AND FEES. 1.
NOTWITHSTANDING ANY OTHER PROVISION OR LAW TO THE CONTRARY, THE COURT IN
ITS DISCRETION, MAY REDUCE OR WAIVE ANY FINE OR FEE IMPOSED UPON AN
INDIGENT PERSON, PURSUANT TO SUCH PERSON'S CONVICTION, IF (I) SUCH
PERSON, BEING FINANCIALLY UNABLE TO OBTAIN OR AFFORD COUNSEL, IS ENTI-
TLED TO REPRESENTATION PURSUANT TO SECTION SEVEN HUNDRED TWENTY-TWO OF
THE COUNTY LAW OR (II) THE COURT DETERMINES SUCH FINE OR FEE SHOULD
OTHERWISE BE WAIVED IN THE INTEREST OF JUSTICE.
IN DETERMINING WHETHER TO REDUCE OR WAIVE ANY FINE OR FEE IMPOSED ON
AN INDIGENT DEFENDANT, THE COURT MAY CONSIDER THE TOTALITY OF THE
DEFENDANT'S CIRCUMSTANCES INCLUDING:
(A) THE DEFENDANT'S INCOME AND FINANCIAL RESOURCES;
(B) THE DEFENDANT'S DEBT AND FINANCIAL OBLIGATIONS;
(C) WHETHER THE IMPOSITION OF SUCH FINE OR FEE WOULD CAUSE AN UNREA-
SONABLE HARDSHIP ON THE DEFENDANT, HIS OR HER IMMEDIATE FAMILY, OR ANY
OTHER PERSON WHO IS DEPENDENT ON SUCH DEFENDANT FOR FINANCIAL SUPPORT;
AND
(D) ANY ADDITIONAL INFORMATION RELATED TO THE DEFENDANT'S CIRCUM-
STANCES THAT THE COURT MAY DEEM RELEVANT OR NECESSARY IN COMING TO A
DETERMINATION TO REDUCE OR WAIVE SUCH FINE OR FEE.
2. COLLECTION AND REPORTING ON DATA RELATING TO FINES. (A) IT SHALL BE
THE DUTY OF A COURT OF RECORD OR ADMINISTRATIVE TRIBUNAL TO REPORT DATA
S. 8305--B 206
TO THE DIVISION OF CRIMINAL JUSTICE SERVICES ON THE DISPOSITION AND
COLLECTION OF ALL FINES IMPOSED PURSUANT TO THE PENAL LAW AND VEHICLE
AND TRAFFIC LAW. SUCH DATA SHALL INCLUDE, AT MINIMUM, INFORMATION ON THE
NUMBER OF FINES IMPOSED; THE PROVISION OF LAW PURSUANT TO WHICH EACH
FINE WAS IMPOSED; THE AMOUNT OF THE FINE; THE COURT THAT ISSUED THE
FINE; THE OUTCOME OF ANY INDIVIDUALIZED ASSESSMENT CONDUCTED PURSUANT TO
SECTION 80.05 OF THE PENAL LAW OR SECTION EIGHTEEN HUNDRED ELEVEN OF THE
VEHICLE AND TRAFFIC LAW; THE AMOUNT OF THE FINE THAT HAS BEEN PAID, IF
ANY; AND THE RACE, ETHNICITY, AGE, AND SEX OF THE PERSON FOR WHOM THE
FINE WAS IMPOSED.
(B) ALL DATA COLLECTED PURSUANT TO THIS SECTION SHALL BE A PUBLIC
RECORD. THE DEPARTMENT SHALL BE CHARGED WITH COMPILING SUCH DATA IN AN
ANNUAL REPORT TO BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE.
§ 18. Subdivisions 1, 2 and 3 of section 420.35 of the criminal proce-
dure law, subdivisions 1 and 3 as amended by section 7 of part F of
chapter 62 of the laws of 2003 and subdivision 2 as amended by chapter
23 of the laws of 2021, are amended to read as follows:
1. The provisions of section 420.10 of this article governing the
collection of fines and the provisions of section 420.40 of this article
governing deferral of mandatory FELONY surcharges, sex offender regis-
tration fees, DNA databank fees and financial hardship hearings and the
provisions of section 430.20 of this chapter governing the commitment of
a defendant for failure to pay a fine shall be applicable to a mandatory
FELONY surcharge, sex offender registration fee, DNA databank fee and a
crime victim assistance fee imposed pursuant to subdivision one of
section 60.35 of the penal law, subdivision twenty-a of section three
hundred eighty-five of the vehicle and traffic law, subdivision nine-
teen-a of section four hundred one of the vehicle and traffic law, or a
mandatory FELONY surcharge imposed pursuant to section eighteen hundred
nine of the vehicle and traffic law or section 27.12 of the parks,
recreation and historic preservation law. When the court directs that
the defendant be imprisoned until the mandatory FELONY surcharge, sex
offender registration fee or DNA databank fee is satisfied, it must
specify a maximum period of imprisonment not to exceed fifteen days;
provided, however, a court may not direct that a defendant be imprisoned
until the mandatory FELONY surcharge, sex offender registration fee, or
DNA databank fee is satisfied or otherwise for failure to pay the manda-
tory FELONY surcharge, sex offender registration fee or DNA databank fee
unless the court makes a contemporaneous finding on the record, after
according defendant notice and an opportunity to be heard, that the
payment of the mandatory FELONY surcharge, sex offender registration fee
or DNA databank fee upon defendant will not work an unreasonable hard-
ship upon him or her or his or her immediate family.
2. Except as provided in this subdivision or subdivision two-a of this
section, under no circumstances shall the mandatory FELONY surcharge,
sex offender registration fee, DNA databank fee or the crime victim
assistance fee be waived. A court shall waive any mandatory FELONY
surcharge, DNA databank fee and crime victim assistance fee when: (i)
the defendant is convicted of prostitution under section 230.00 of the
penal law; (ii) the defendant is convicted of a violation in the event
such conviction is in lieu of a plea to or conviction for prostitution
under section 230.00 of the penal law; (iii) the court finds that a
defendant is a victim of sex trafficking under section 230.34 of the
penal law or a victim of trafficking in persons under the trafficking
victims protection act (United States Code, Title 22, Chapter 78); or
S. 8305--B 207
(iv) the court finds that the defendant is a victim of sex trafficking
of a child under section 230.34-a of the penal law.
3. It shall be the duty of a court of record or administrative tribu-
nal to report to the division of criminal justice services on the dispo-
sition and collection of mandatory FELONY surcharges, sex offender
registration fees or DNA databank fees and crime victim assistance fees.
Such report shall include, for all cases, whether the MANDATORY FELONY
surcharge, sex offender registration fee, DNA databank fee or crime
victim assistance fee levied pursuant to subdivision one of section
60.35 of the penal law or section eighteen hundred nine of the vehicle
and traffic law has been imposed pursuant to law, collected, or is to be
collected by probation or corrections or other officials. The form,
manner and frequency of such reports shall be determined by the commis-
sioner of the division of criminal justice services after consultation
with the chief administrator of the courts and the commissioner of the
department of motor vehicles.
§ 19. Subdivisions 1, 2, 4 and 5 of section 420.40 of the criminal
procedure law, as amended by section 8 of part F of chapter 62 of the
laws of 2003, are amended to read as follows:
1. Applicability. The procedure specified in this section governs the
deferral of the obligation to pay all or part of a mandatory FELONY
surcharge, sex offender registration fee or DNA databank fee imposed
pursuant to subdivision one of section 60.35 of the penal law and finan-
cial hardship hearings relating to mandatory FELONY surcharges.
2. On an appearance date set forth in a summons issued pursuant to
subdivision three of section 60.35 of the penal law, section eighteen
hundred nine of the vehicle and traffic law or section 27.12 of the
parks, recreation and historic preservation law, a person upon whom a
mandatory FELONY surcharge, sex offender registration fee or DNA data-
bank fee was levied shall have an opportunity to present on the record
credible and verifiable information establishing that the mandatory
FELONY surcharge, sex offender registration fee or DNA databank fee
should be deferred, in whole or in part, because, due to the indigence
of such person the payment of said surcharge, sex offender registration
fee or DNA databank fee would work an unreasonable hardship on the
person or his or her immediate family.
4. Where a court determines that it will defer part or all of a manda-
tory FELONY surcharge, sex offender registration fee or DNA databank fee
imposed pursuant to subdivision one of section 60.35 of the penal law, a
statement of such finding and of the facts upon which it is based shall
be made part of the record.
5. A court which defers a person's obligation to pay a mandatory FELO-
NY surcharge, sex offender registration fee or DNA databank fee imposed
pursuant to subdivision one of section 60.35 of the penal law shall do
so in a written order. Such order shall not excuse the person from the
obligation to pay the surcharge, sex offender registration fee or DNA
databank fee. Rather, the court's order shall direct the filing of a
certified copy of the order with the county clerk of the county in which
the court is situate except where the court which issues such order is
the supreme court in which case the order itself shall be filed by the
clerk of the court acting in his or her capacity as the county clerk of
the county in which the court is situate. Such order shall be entered by
the county clerk in the same manner as a judgment in a civil action in
accordance with subdivision (a) of rule five thousand sixteen of the
civil practice law and rules. The order shall direct that any unpaid
balance of the mandatory FELONY surcharge, sex offender registration fee
S. 8305--B 208
or DNA databank fee may be collected in the same manner as a civil judg-
ment. The entered order shall be deemed to constitute a judgment-roll
as defined in [section] RULE five thousand seventeen of the civil prac-
tice law and rules and immediately after entry of the order, the county
clerk shall docket the entered order as a money judgment pursuant to
section five thousand eighteen of such law and rules.
§ 20. Section 26 of the correction law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 26. Establishment of commissaries or canteens in correctional insti-
tutions. 1. The commissioner may authorize the head of any institution
in the department to establish a commissary or a canteen in such insti-
tution for the use and benefit of incarcerated individuals. The moneys
received by the head of the institution as profits from the sales of the
commissary or canteen shall be deposited in a special fund to be known
as the commissary or canteen fund and such funds shall be used for the
general purposes of the institution subject to the provisions of section
fifty-three of the state finance law.
2. THE COMMISSIONER SHALL NOT IMPOSE OR COLLECT ANY FEES RELATED TO
COMMISSARY TRANSACTIONS FROM INCARCERATED INDIVIDUALS INCLUDING, TRANS-
ACTION FEES FOR PURCHASES MADE AT THE COMMISSARY BY OR ON BEHALF OF AN
INCARCERATED INDIVIDUAL, AND ANY SERVICE CHARGES OR HANDLING FEES FOR
THE DELIVERY OF GOODS FROM THE COMMISSARY.
§ 21. The correction law is amended by adding a new section 500-q to
read as follows:
§ 500-Q. COMMISSARY FEE ELIMINATION. THE SHERIFF SHALL NOT IMPOSE OR
COLLECT ANY FEES RELATED TO COMMISSARY TRANSACTIONS FROM INCARCERATED
INDIVIDUALS INCLUDING, TRANSACTION FEES FOR PURCHASES MADE AT THE
COMMISSARY BY OR ON BEHALF OF AN INCARCERATED INDIVIDUAL, AND ANY
SERVICE CHARGES OR HANDLING FEES FOR THE DELIVERY OF GOODS FROM THE
COMMISSARY.
§ 22. Paragraph (a) of subdivision 1 of section 1197 of the vehicle
and traffic law, as amended by chapter 532 of the laws of 2023, is
amended to read as follows:
(a) Where a county establishes a special traffic options program for
driving while intoxicated, pursuant to this section, it shall receive
fines and forfeitures collected by any court, judge, magistrate or other
officer within that county, including, where appropriate, a hearing
officer acting on behalf of the commissioner: (1) imposed for violations
of subparagraphs (ii) and (iii) of paragraph (a) of subdivision two or
subparagraph (i) of paragraph (a) of subdivision three of section five
hundred eleven of this chapter; (2) imposed in accordance with the
provisions of section eleven hundred ninety-three and civil penalties
imposed pursuant to subdivision two of section eleven hundred ninety-
four-a of this article, including, where appropriate, a hearing officer
acting on behalf of the commissioner, from violations of sections eleven
hundred ninety-two, eleven hundred ninety-two-a and findings made under
section eleven hundred ninety-four-a of this article; and (3) imposed
upon a conviction for: aggravated vehicular assault, pursuant to
section 120.04-a of the penal law; vehicular assault in the first
degree, pursuant to section 120.04 of the penal law; vehicular assault
in the second degree, pursuant to section 120.03 of the penal law;
aggravated vehicular homicide, pursuant to section 125.14 of the penal
law; vehicular manslaughter in the first degree, pursuant to section
125.13 of the penal law; and vehicular manslaughter in the second
degree, pursuant to section 125.12 of the penal law, as provided in
section eighteen hundred three of this chapter. [In addition, any
S. 8305--B 209
surcharges imposed pursuant to section eighteen hundred nine-c and para-
graph b of subdivision one of section eighteen hundred nine-e of this
chapter shall be paid to such county in such manner and for such
purposes as provided for in this section.] Upon receipt of these moneys,
the county shall deposit them in a separate account entitled "special
traffic options program for driving while intoxicated" and they shall be
under the exclusive care, custody and control of the chief fiscal offi-
cer of each county participating in the program.
§ 23. Paragraph a of subdivision 9 of section 1803 of the vehicle and
traffic law, as amended by chapter 532 of the laws of 2023, is amended
to read as follows:
a. Where a county establishes a special traffic options program for
driving while intoxicated, approved by the commissioner, pursuant to
section eleven hundred ninety-seven of this chapter, all fines, penal-
ties and forfeitures: (1) imposed and collected for violations of
subparagraphs (ii) and (iii) of paragraph (a) of subdivision two or
subparagraph (i) of paragraph (a) of subdivision three of section five
hundred eleven of this chapter; (2) imposed and collected in accordance
with section eleven hundred ninety-three of this chapter for violations
of section eleven hundred ninety-two of this chapter; (3) collected by
any court, judge, magistrate or other officer imposed upon a conviction
for: aggravated vehicular assault, pursuant to section 120.04-a of the
penal law; vehicular assault in the first degree, pursuant to section
120.04 of the penal law; vehicular assault in the second degree, pursu-
ant to section 120.03 of the penal law; aggravated vehicular homicide,
pursuant to section 125.14 of the penal law; vehicular manslaughter in
the first degree, pursuant to section 125.13 of the penal law; and
vehicular manslaughter in the second degree, pursuant to section 125.12
of the penal law; and (4) civil penalties imposed pursuant to subdivi-
sion two of section eleven hundred ninety-four-a of this chapter, shall
be paid to such county. [In addition, any surcharges imposed pursuant to
section eighteen hundred nine-c and paragraph b of subdivision one of
section eighteen hundred nine-e of this chapter shall be paid to such
county in such manner and for such purposes as provided for in section
eleven hundred ninety-seven of this chapter.]
§ 24. Section 837-j of the executive law, as added by chapter 166 of
the laws of 1991, is amended to read as follows:
§ 837-j. Parking violations enforcement and disposition program. 1.
[The commissioner and the commissioner of the department of motor vehi-
cles may enter into an agreement to effect the enhanced collection of
the mandatory surcharges imposed pursuant to section eighteen hundred
nine-a of the vehicle and traffic law. The terms of such agreement shall
authorize the exchange between the division and the department of motor
vehicles of information concerning outstanding fines, penalties and
unpaid mandatory surcharges and identification information concerning
persons with adjudicated parking violations subject to the imposition of
such fines, penalties and mandatory surcharges.
2. The commissioner and the commissioner of the department of motor
vehicles shall enter into any necessary joint enforcement agreements,
which agreements shall be consistent with any agreement authorized by
subdivision one of this section.
3.] The commissioner of the department of motor vehicles shall be
authorized to cooperate with traffic and law enforcement agencies of
other states and of the United States, to obtain and furnish any assist-
ance or information necessary for the enforcement and collection of
S. 8305--B 210
fines[,] AND penalties [and mandatory surcharges] for parking
violations.
[4.] 2. The commissioner, in consultation with the commissioner of the
department of motor vehicles shall promulgate such rules and regulations
as may be necessary to effect the purposes of this section.
§ 25. Section 1809-a of the vehicle and traffic law is REPEALED.
§ 26. Section 1809-aa of the vehicle and traffic law is REPEALED.
§ 27. Section 1809-b of the vehicle and traffic law is REPEALED.
§ 28. Section 1809-c of the vehicle and traffic law is REPEALED.
§ 29. Section 1809-d of the vehicle and traffic law is REPEALED.
§ 30. Section 1809-e of the vehicle and traffic law is REPEALED.
§ 31. This act shall take effect one year after it shall have become a
law; provided, however, that:
(a) the amendments to paragraphs (a) and (b) of subdivision 1 of
section 1809 of the vehicle and traffic law made by section two of this
act shall only take effect if such paragraphs as amended by section 2 of
part DD of chapter 56 of the laws of 2008 are in effect on the effec-
tive date of this act and such amendments shall be subject to the expi-
ration and reversion of such paragraphs pursuant to subdivision (p) of
section 406 of chapter 166 of the laws of 1991, as amended, when upon
such date the provisions of section two-a of this act shall take effect;
(b) the amendments made to paragraphs (a) and (b) of subdivision 1 of
section 1809 of the vehicle and traffic law made by section two-a of
this act shall not affect the expiration of such paragraphs and shall be
deemed expired therewith;
(c) the amendments to subdivision 2 of section 1809 of the vehicle and
traffic law made by section three of this act shall be subject to the
expiration and reversion of such subdivision pursuant to subdivision (p)
of section 406 of chapter 166 of the laws of 1991, as amended, when upon
such date the provisions of section three-a of this act shall take
effect;
(d) the amendments to paragraph (a) of subdivision 2 of section 259-i
of the executive law made by section five of this act shall be subject
to the expiration and reversion of such subdivision when upon such date
the provisions of section five-a of this act shall take effect;
(e) if chapter 532 of the laws of 2023 shall not have taken effect on
or before such date, then sections twenty-two and twenty-three of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2023 takes effect; and
(f) the amendments to section 837-j of the executive law made by
section twenty-four of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
PART III
Section 1. Paragraph (b) of subdivision 3 of section 10 of the work-
ers' compensation law, as added by section 1 of subpart I of part NNN of
chapter 59 of the laws of 2017, is amended to read as follows:
(b) Where a [police officer or firefighter subject to section thirty
of this article, or emergency medical technician, paramedic, or other
person certified to provide medical care in emergencies, or emergency
dispatcher] WORKER files a claim for mental injury premised upon
extraordinary work-related stress incurred [in a work-related emergency]
AT WORK, the board may not disallow the claim[,] upon a factual finding
that the stress was not greater than that which usually occurs in the
normal work environment.
S. 8305--B 211
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, 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, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through III of this act shall
be as specifically set forth in the last section of such Parts.